Dangerous Conditions And Use Regulations – Tinted Windows

Question:

Hi there, is there any way (with a good chance of success)in which I can appeal against a charge of having tinted front passenger windows on my car, I was pulled over at around 9 a.m. on x by traffic police and explained to them that the tints were on the car when I bought it around 3 years ago and it has never been mentioned in any M.O.T’s, I was stopped over a year ago by a traffic cop in x regarding the tints and when I told him that I had asked the dealer about the tints at the time of purchase and the dealer had advised me that they were legal as the car was an import and a 7 seater which was classed as a limousine, the police officer in x then let us on our way, I have been stopped regarding my registration plates since then and advised to change them as they were the square kind with smaller numbers on them.

I did this straight away, the next morning but the officers in question never mentioned the tinted windows. The officers who stopped me on Monday said that window tints are not part of the M.O.T. test and therefore I wouldn’t have been failed or advised on this by the testing station as they do not all have the necessary testing equipment, surely this is what the whole advisory section in the M.O.T. test is for items that should be monitored or examined farther, they also said they couldn’t comment on any other officers actions previously, they issued me with a £60 fine and 3 points on my licence, took a note of my mileage and time and issued me with a prohibition notice which would come into effect 20 minutes after leaving them and not to drive any more than the approximate 10 miles home in the car until the tints were removed which they demonstrated to me.

I asked if I could remove the tints there and then as I was unaware of the law and they said that I could do it when I got home as they were charging me with it, they also advised me that I could try and contact trading standards about the garage I bought the car off of but it was unlikely that much would come of it as I have owned the car for so long.

Emma Says:

You would have to reject the ticket and take the matter to court. At court you may have a defence of the basis that the tints did not pose a risk and if they did that you were unaware of that risk. You may be able to avoid the points by making a special reasons argument if all else fails – I think you have good prospects in that regard.



About Emma Patterson

Emma has built Patterson Law into one of the leading specialist motoring law legal practices in the UK. By carefully assembling a team of exceptional road traffic law experts Patterson Law has been able to out perform their competitors with high success rates in court.
Bookmark the permalink.