OBEYING THE LAW Removing Offending Tint

“If the Government were to change, would the new politicians allow motorists to put back the tint on their vehicles?” a young man asked in disgust as he scraped the black film from the windshield and windows of his car. That is the depth of the feeling of some persons who think the task is painstaking and that politics will offer a way out later. The majority of vehicle owners, however, seem content to remove the tint which is now a violation of the Vehicles and Road Traffic (Amendment) Ordinance 2003 which came into effect on January 1, 2004. In fact, they are blaming some persons for over-doing the tinting, thus not only blackening out the inside of their vehicles but obscuring their own clear vision outside as well. In most cases, motorists applied the film to reduce the rays and heat of the sun, but even vehicles coming from the manufacturer with built-in tinted glass are up for scrutiny if allowance is not made for 65% of light to pass through.

It is not therefore just questions of whether the brakes and horn and lights are working and the number of plates are in order. Motorists will not get their vehicles licensed at the Inspection site at the Department of Communications except they conform to the new requirement. “Failed for 58% reading on vehicle glasses” is what the inspector wrote on the registration document handed to a motorists, only one of a series of rejections as the licensing process began this month.
Traffic Commissioner Keithly Benjamin explained that the Act provides for among other things, but more importantly, the restriction on driving and importation of motor vehicles with tinted windscreens and windows. Mr. Benjamin went on: “The Act defines a restricted vehicle as one other than a motor cycle where the whole or part of the windscreen, side and rear windows is so obscured as not to allow for a minimum of 65% of light transmission, by the application of any film, tint or other device or in a manufactured state.
“A vehicle is deemed to be in a manufactured state if the tint on the glass is the product of a process other than by the application of film, tint or other obscuring device. This means simply if it is incapable of being peeled off. Therefore even if the tint is applied by the manufacturer and does not conform to the Act, a person would be liable under the Act. It is emphasised that while the Act imposes certain restrictions, tinting is permitted providing it allows for 65 % of transmission of light.
“Failure to comply will lead to prosecution and on conviction to a fine of $5,000 or to imprisonment for six months or both. A second conviction may lead to a fine of $10,000 or to imprisonment for six months or to both fine and imprisonment.”
The Traffic Commissioner has also warned that signs and posters on vehicles will also have to be taken off. “For example, there are vehicles on the roads that have signs or posters on them reading “All eyes on me”, “More drama”, “Red Whine”, “Swift Justice,” “We don’t sleep”, “I live at me”, and these will all have to be removed,” he said. “The Act also restricts the importation of a tinted vehicle and any person who has an existing order for a restricted vehicle, should within 30 days after January 1, 2004 apply in writing to the Traffic Commissioner for a permit to import the vehicle. Failure to do so will be in contravention of the Act and such a person is liable to prosecution and may lead to further hardship. A vehicle that is in a manufactured state and is on the island before January 1, 2004 is exempted from the provisions of the Act….
“There is a transition period of 30 days for which any person in violation will not be prosecuted, but from January 31st 2004, violators will be liable. The tinting of motor vehicles has caused much concern and we will be relentless in ensuring that motorists conform to the Act.”
It is to be noted that during the appointment of former Traffic Commissioner and Commissioner of Police, Joseph Norris Payne, he had made a case for legislation to control the tinting of vehicles. His idea did not materialise due to a lack of support from the then political leaders.
It is to be further noted that a number of other islands have moved to outlaw the tinting of vehicles as part of their vehicle and road traffic regulations.