Sue Your Tint Shop for Illegal Tints

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By Neela Ramsundar

IN a press release on December 29, 2021, the Ministry of Works and Transport (MOWT) advised there will be a six-month transition period for the gradual enforcement of the Motor Vehicles and Road Traffic (Windscreen and Window Tint) Regulations, 2020 (the Regulations) effective January 1st, 2022.

Under these regulations, among other things, our Police are allowed to issue fixed penalty notices for illegal tints on the glasses of motor vehicles that carry a $5,000 fine.

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MOWT stated during this transition period the Police, through the Fixed Penalty Traffic Ticketing System, will be able to record electronic warnings against the driving permit records of drivers found in breach of the Regulations.

Further, this approach would allow motor vehicle owners additional time to become compliant with the Regulations thereby reducing unwanted excessive congregation at businesses such as tint shops and auto garages.

For the record, I don’t agree with the tint levels for the front right and left windows and front top six-inch strips (35% VLT).

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In a country with blazing heat from the sun, the levels are too low and should be the same as the back windows (20% VLT).

However, MOWT must be congratulated for this transition period, as I’ve seen many vehicles on the road which are without a doubt non-compliant.  It makes me wonder if the public is as educated as they should be about the burdensome and draconian fines for illegal tints.

Be that as it may, the point of this article is to remind you that you can sue the tint shop that installed your tint, if it’s found to be illegal. MOWT’s one and only approved tint meter is the Tint Check Pro TC3800. This tint meter is sold by a US company, EDTM Inc. and is currently priced at US$229.

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For reasons I cannot comprehend, only a few businesses have bothered to acquire MOWT’s official tint meter and feel comfortable using whatever brand of tint meter they want. Other tint meters will have different reading, so it is critical the tint shops get their hands on the approved tint meter.

Before the coming in force of the Regulations, I paid $50 at a motor vehicle testing station to get my vehicle tested with the approved tint meter for compliance with the Regulations. The front windows were found to be non-compliant. I had two choices: remove the tint and leave the windows bare or get new tint. I decided that even though the new tint would be very light compared to the back window tints, some tint was better than none to help with the sun powerful rays.

I went to a popular tint shop in Chaguanas that claimed to have the official tint meter and paid for my new tint. I checked to make sure the receipt stated in writing that my newly installed tint would be legal tint i.e., compliant with the Regulations. Two hours later, I drove off, happily believing all was well. Alas, life is not so simple.

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Several months later, with days to spare before the Regulations were to be enforced, I got a niggling feeling. Out of an abundance of caution, I took my vehicle back to be independently tested for compliance with the Regulations and paid another $50 for that. Lo and behold, the same front windows failed the test! Seriously… sigh. I’m left wondering what my tint shop is doing with their approved tint meter… letting it gather dust?

Happily, I contacted the tint shop and they promised to remove and re-install the tint. This time though, I’m going to have them test the new tint with the approved tint meter in front of me, to be satisfied the windows are compliant, which I should have done in the first place.

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Had there been no six-month transition period, I may have been one of those person’s unwittingly getting a $5,000 ticket for illegal tint, thinking I was fully compliant!

I would have no doubt sued my tint shop for damages for breach of contract to recover my losses. And if this happens to you when the Regulations are being enforced after the six-month transition period, you too will have the option to sue.

Be safe Trinidad and Tobago!

Copyright © 2022 Neela Ramsundar, LL.B (HONS), L.E.C is a Civil Litigation Attorney at Law & Certified Mediator.

Disclaimer: The contents of this article are for general informative purposes only and/or contain the opinions and/or thoughts of the writer only. It does not provide legal advice and does not create an attorney-client relationship with any reader. For legal advice on your specific situation, please contact an Attorney-at-Law of your choosing directly. Liability for any loss or damage of any kind whatsoever allegedly incurred a consequence of relying on content in this article is thus hereby excluded to the fullest extent permitted by law.

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