Tinted Vehicle-Glass Enforcement Guidelines Introduction a) In recent times there has been an increasing trend for owners of light vehicles to have the side windows and even windscreens tinted, most commonly by the application of tinted film. The practice seems to have been more prevalent in some areas of Great Britain than others. Where there has been the perception by Police forces or Examiners that the level of the problem is sufficient to warrant attention, then checks have been carried out. b) There have been a number of problems identified which need to be addressed if activity in this area is to be effective and minimise unnecessary inconvenience to motorists. These are as follows:1. The regulation governing the tinting of vehicle glass was open to a different interpretation to that intended. It provided the potential for a challenge on the basis that the standard (expressed in the percentage of Visual Light Transmission (VLT) applied to the glass only and not to any film applied to it. 2. The repeatability of results did not provide sufficient confidence in the readings obtained when some makes of meter were used. 3. The absence of a national scheme/policy caused difficulties associated with the removal of prohibitions for motorists and Police staff. c) This document describes the measures taken to resolve these problems and introduce consistent procedures and standards. Regulations d) Regulation 32 of the Road Vehicles (Construction and Use) Regulations 1986 requires vehicles to comply with specific light transmission standards these are given in Table II of regulation 32 which is reproduced in Annex A. Following consultation with the Automotive Group of the Glass and Glazing Federation, the 2003 Road Vehicles (Construction and Use) (Amendment) No.5 R Regulations (SI 2003/3145) came into effect on 01/01/2004. This amendment provides clarification that the visual light transmission standards (VLT) apply to glass and any film applied to it. Procedures and Standards e) This document covers situations where vehicles with excessively tinted glass are encountered at checks specifically aimed to tackle this problem and where vehicles are encountered by chance. The aim is to bring the Police use of TintMan operating guidelines in line with the national policy already adopted by our partners The Vehicle And Operator Services Agency (VOSA). f) Equipment Trials for suitable equipment have identified only one that is suitable for enforcement, that is the ‘TintMan’ manufactured by Turnkey Instruments Ltd. Trained ‘TintMan’ Operators g) The TintMan instrument is a calibrated device that should only be used by SUITABLY TRAINED OFFICERS. h) Only those officers who are authorised by the Chief Constable, and have successfully completed the ‘Police’ course, can issue a prohibition notice in respect of an offence detected by the use of TintMan. i) It is for each force to decide on what level of training they feel is appropriate. It should be borne in mind however that any Police force would be open to criticism and possible litigation where untrained personnel have incorrectly used TintMan resulting in the prohibition of a vehicle and subsequent replacement of vehicle glass. Instrumented Checks j) Enforcement action should be reserved for obvious instances of glass being excessively tinted. All Police operators should be trained in the use of the equipment and understand the user manual. The essential key measures to take are: 1. Before use, check and adjust the TintMan instrument sensitivity against the sample Reference Window having first made sure it is clean. 2. Clean the areas of glass to be tested. 3. Before taking a reading make sure the source and detector are concentrically aligned and firmly against the material. 4. In the case of windscreens take readings in the “Primary vision area”* only. 5. The primary vision area is the area of the windscreen through which the driver would normally look through the most. It excludes glass within 2.5”(6cm) of the top and bottom edges of the screen and within 3.5”(9cm) of the offside and nearside edge of the screen. For this purpose this memo the ‘edge’ is where transparent glass ends. Exclude blackened glass at pillars used primarily for bonding the glass. 6. Allow 10 to 20 seconds with the button depressed for the light source intensity to stabilise. 7. If the low battery warning remains on do not accept the transmission reading and change the batteries before taking fresh readings. 8. Take at least three measurements at different positions for each area of glass and calculate an average value. 9. Details of calibration checks should be recorded as a Pocket Note Book Entry. Enforcement Standards k) If the calculated average visual light transmission (AVLT) reading falls with the range in column 1 in the table below then take the action in column 2. The same limits will be applied to windscreen and side window glass. AVLT Police Action Less than 25% In EXCEPTIONAL Circumstances PG9 Less than 25% Consider Summons 25% to 45% ? Fixed Penalty Non Endorsable. (286) 46% to 70% Advice/VRS A PG9 must only be issued where an IMMEDIATE danger exists. Examples of this might be an AVLT of say less that 10% at night. A PG9 should not be issued unless the officer can substantiate the danger, merely having an AVLT of 25% or less may not substantiate an immediate PG9. Non-instrumented Checks l) If heavily tinted vehicle glass is encountered in situations when a TintMan meter is not available then a subjective assessment may be made. It will be made of the relevant glass from the driving seat with the doors closed. If it is obvious that the VLT is less than the legal requirements and the level of visibility of the surroundings has been obscured to the extent that the “danger of injury” criterion for immediate prohibition action has been met, then an immediate prohibition may be issued. If the level of visibility is not obviously dangerous then advise that the legal requirements may have been breached, thus putting the onus on the owner to investigate further. Variations to the Normal Prohibition Procedure m) As VLT for glass is outside the scope of the MOT test, the direction issued for non-testable vehicles (option C) on the PG9 form can be used. It should be noted that on light vehicles where other defects are found that would also warrant an immediate prohibition option B on the PG9 form should be used as the vehicle would be subject to an M.O.T (as well as repairing the vehicle glass). Once the vehicle has been re-tested the owner should then contact the police to have the prohibition removed subject to the vehicle glass being re-tested using TintMan. A standard explanatory form (see Annex D) will be attached to every prohibition issued for this defect directing the motorist to contact their local police station or local VOSA(Vehicle and Operator Services Agency) area office. When the motorist makes contact with the police for clearance, we will endeavour to contact a qualified officer (if not the issuing officer) for the motorist, where a TintMan is available. Contact details will be provided to the motorist for the location where the removal of the prohibition is proposed. Variations to the Normal Exemption Procedure n) Taking the nature of the defect into account, it may be appropriate to allow vehicles to be used under exemption provided conditions can be imposed which remove the danger of injury. For example if driving the vehicle with the side windows lowered renders the vehicle safe to be used then this condition could be specified to prevent a motorist being stranded. Variations to the Normal Prohibition Removal Procedure and Standards o) Prohibitions for tinted glass will be normally removed by Police examiners at a local Police station or other suitable venue by prior arrangement with the owner. There is nothing to stop the owner contacting a local VOSA (Vehicle and Operator Services Agency) area office in order to have the prohibition removed should they wish to do so. p) In relation to tinted glass, ‘fit for service’ means the glass meets the requirements of regulation 32. If the AVLT value is within the range in column 1 in the table below then take the action in column 2. These values take account of the accuracy limitations of the TintMan meter (0.5% to + 3%). Column 1 AVLT Motor vehicles first used before 1st April 1985 All relevant window glass: <65% Column 2 Action Refusal Clearance (PG10) =>65% Motor vehicles first used on or after 1st April 1985 Windscreen glass: <70% =>70% Side window glass: <65% =>65% Refusal Clearance (PG10) Refusal Clearance (PG10) Motorcycle Visors q) TintMan must not be used on any ‘shaped’ surface i.e. Motorcycle Visors. r) All visors must carry the British Standard Kite Mark or display the EEC 22.05 marking. s) If neither of the above are displayed the visor is illegal. The officer should then take the enforcement action as deemed appropriate by the circumstances for example. A motorcyclist who is wearing a dark illegal visor during the hours of darkness would be considered a greater risk than one riding on a bright day. Appendix A 1 2 3 4 5 Item Class of vehicle Windows Percentage Documents specifying procedure 1 Motor vehicles first used before 1st April 1985 All windows 70 2 Motor vehicles first used on or after 1st April 1985 a) Windscreens 75 b) All other windows 70 British Standard Specification No.857 or No.5282 The documents mentioned in sub-paragraph 9 (i), (ii) or (iii) of the definition in paragraph (13) of “specified safety glass (1980)”. Note: The above standards do not apply to: i) Any part of the windscreen out side the vision reference zone. ii) Any windows through which the driver, when in the driver’s seat is unable to see any part of the road on which the vehicle is waiting or proceeding. In order to achieve consistency of action, for enforcement purposes, action will be taken only for glass not complying which is: i) In the case of windscreens, in the ‘Primary vision area’ on the driver’s side and, ii) In the case of other windows only those to either side of the driver in the doors provided for access to the front seats. Appendix B;Guide TintMan – Quick Reference Any material to be tested should be clean and free from grease, finger marks and dust. If necessary the material should be cleaned using a proprietary glass cleaner and thoroughly dried using lint free cloth. Before use always calibrate and adjust the Tintman instrument sensitivity. Please refer to the Checking and Adjusting Tintman instructions at the end of this guide. To use the instrument connect the light source and detector t o the readout unit with the colour coded connectors. Check that the colours match and the connectors are pushed in firmly. The light source has a red connector, the detector black. No damage will be done if the connectors are mistakenly swapped. Attach the source and detector to either side of the material to be measured, if necessary use the captive suckers to secure to vertical windows. The source and detector should self align magnetically. On raked windscreens attach the detector to the inside of the glass hanging from its sucker. When the source is placed on the outside of the windscreen the magnetic attraction between the two should automatically draw the detector to the windscreen. Before taking a reading, visually check that the source and detector are concentrically aligned and firmly against the material. To take a transmission reading press the large button on the readout unit. The display will show the measured transmission in percent. Allow about 10 to 20 seconds with the button depressed for the light source intensity to stabilise. Keep the button pressed throughout this period. It is recommended that three readings are taken at different positions and the average value used. A low battery warning will appear on the display momentarily when the button is depressed and then disappear. If the low battery warning remains on do not accept the transmission reading and change the instruments batteries (four AA alkaline cells) immediately. If the transmission test is done in very bright direct sunlight, stray light scatter may increase the apparent transmission by up to 0.5% Note that the high power magnets used in Tintman are brittle. Do not drop them or bang them together. They will shatter. Do not force either of the magnets against another magnetic pole of the same polarity - their strength may b weakened! Checking and Adjusting Tintman TintMan should be calibrated before and after each use and only by authorised personnel. The calibration should be recorded in the officers’ pocket book or on any appropriate pro-forma document. The calibration is carried out in 3 stages, these are as follows:1. The sensitivity can be checked and adjusted at 100% by inserting the 4 mm thick 100% Spacer Ring between the source and detector magnets Adjust the sensitivity so that the instrument reads within -0.5% or +3.0% of the expected value. Note - Any adjustment is made at this stage only 2. Check using the calibration sample glass. 3. Remove the light source (red plug) from TintMan – press read button for 5 to 10 seconds. The reading should be 00.0 +/- 0.5 (page 28 of TintMan manual) If the readings fluctuate, clean the connector contacts by rotating the red connector plug in its socket. Do not place the source or detector near computer disks, the fields from their magnets may corrupt the disk. Tinted Vehicle Glass Prohibition Your vehicle has been examined by a trained Police Vehicle Examiner appointed under section 12 (9) of the Road Traffic Act 1991. As a result of the examination one or more serious defects have been observed which are described on the prohibition notice (PG9). The prohibition is a legally enforceable ban on driving the vehicle on the road. The ban on the further use of your vehicle is immediate (unless an exemption has been granted). At least one of the defects listed on the prohibition notice is for the vehicle glass being excessively tinted in breach of the requirements of regulation 32 of the Road Vehicles (Construction and Use) Regulations 1986 as amended. You should have the material used to tint the glass removed to bring the visual light transmission (VLT) back within the prescribed requirements. If your vehicle has been directed for an M.O.T test –this should be done now. When you are satisfied your vehicle meets the VLT requirements and is otherwise free of defects you should contact the Police Station below who will offer you an appointment for your vehicle to be re-examined at an agreed time and suitable inspection location Issuing Officer………………………………………………….………………………..…… … Contact telephone number…………………………..………..……………………………… Police Station Address…………………………………………..……………………………. FREQUENTLY ASKED QUESTIONS Q1. What does the law say. A1. The law limits the amount of light that can be prevented from passing through vehicle glass by tinting of the glass or by applying a tinted film to it. Q2. What is the purpose of the law? A2. The purpose of the law is to ensure that vehicle glass is not tinted beyond the point where the driver’s ability to see the road around the vehicle is restricted. Q3. How does excessively tinted glass effect road safety? A3. Whilst permanently tinted glass may improve the ability of drivers in bright conditions it will restrict it in dark conditions which may prevent drivers from seeing other motorists or pedestrians. Also when vehicles are emerging from junctions approaching drivers will look for confirmation that the drivers of the emerging vehicles have observed their approach. Excessively tinted glass can prevent eye contact being established. Q4. Which glass in the vehicle is regulated? A4. The windscreen, and the front side windows to either side of the driver’s head Q5. In what units is the level of tint measured? A5. The limits specify the percentage of light which must be allowed to pass through the glass. Q6. What are the limits? A6. For vehicles first used before 1April 1985 the glass in the windscreen and front side windows must allow 70% of light to be transmitted through it. For vehicles first used on or after that date the light transmitted through the windscreen is increased to 75%. Q7. How do Police Examiners measure glass for compliance? A7. If Examiners encounter vehicles with excessively tinted glass and they have no equipment with them to measure the visual light transmission (VLT) for the glass then action will be taken only in the worst instances of noncompliance. Action will be taken if it is obvious to the Examiner that the driver’s vision is severely restricted by the level of tint. When Examiners have equipment available they will use an opacity meter to measure the VLT. They will take enforcement action only when glass has VLT significantly below the required level and will notify you what the measured values were. Q8. Are there any other implications for motorists who tint the glass of windscreens and front side windows? A8. Any modification to a vehicle that alters the standards to which it was manufactured is likely to render the insurance invalid. If the modification also makes it illegal for use because it breaches the legal requirements then this becomes a certainty.