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Transport Ministry Gives Wrong Info On Tint Laws

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By Neela Ramsundar

I’VE written multiple articles for AZPNews.com readers about the new motor vehicle tint laws.

I find myself constrained to write yet another one. Unbelievably, it appears the Ministry of Works and Transport (MOWT) is giving the motoring public inaccurate information about these laws. Read on, I’ll explain.

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By now, we all know that drivers have been given a second extension to June 6, 2021 to comply with the new tint regulations. What is puzzling me to no end is a message MOWT posted on March 2, 2021 seeking to debunk so called “fake news.” This is the section of the Facebook post that concerns me:

“The Ministry of Works and Transport (MOWT) wishes to advise the general public to be mindful of inaccurate information circulating on social media as it relates to the New Windscreen and Window Tint Regulations, 2020 that alleges that failure to comply will result in a Fixed Penalty Notice (Traffic Ticket) of $30,000.

“The law states that failure to comply with the approved Visible Light Transmittance (VLT) of material on windscreens and windows of a motor vehicle will result in a Fixed Penalty of $2,000 (for one (1) or more window and the windscreen), three (3) Demerit Points and a maximum fine of $5,000 if the driver contests the fixed penalty notice.”

The new tints regulations are to be found in the Motor Vehicles and Road Traffic (Windscreen and Window Tint) Regulations, Legal Notice 281 of 2020. This is available to everyone online.


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Firstly, these regulations do not have anything in it saying you can get demerit points for breaching the minimum tint limits!

Secondly, nowhere in these regulations is there mention of a fixed penalty of $2,000 for one or more window and the windscreen, and $5,000 if the driver contests the fixed penalty notice. The penalty is $5,000. You can read the regulations yourself, if in doubt. For your convenience, see my table below for various offences:

Description of offence Penalty Relevant regulation under the Motor Vehicles and Road Traffic (Windscreen and Window Tint) Regulations, 2020:
Failure to have a front windscreen with a minimum of 70% visible light transmittance (“VLT”)

 

(*Note – The lower the VLT percentage, the darker the tint, e.g. 70% VLT blocks 30% of the light; and 30% VLT blocks 70% of the light)

 

$5,000.00 fine Regulation 3(1)(a) &

Regulation 3(4)

Failure to have front windows with a minimum of 35% VLT $5,000.00 fine Regulation 3(1)(b) &

Regulation 3(4)

Failure to have rear windows and rear windscreens with a minimum of 20% VLT $5,000.00 fine Regulation 3(1)(c) &

Regulation 3(4)

Having a band of tint at the top of the front windscreen over 6 inches wide or failure to have the said band with a minimum of 35% VLT No penalty Regulation 3(3)
Windscreen or windows which appear to have a metallic, reflective, or mirrored effect sufficient to dazzle motorists $1,000.00 fine Regulation 4(1)
Windscreen or windows with scratches or other defects which unreasonably impair driver’s vision or compromises strength or safety of the windscreen or window $1,000.00 fine Regulation 4(2)(a)
Windscreen or window with laminated glazing or glass that shows signs of discolouration that unreasonably impair the driver’s vision $1,000.00 fine Regulation 4(2)(b)
Window or windscreen with any bubbling or other defects that unreasonably impair a driver’s vision $1,000.00 fine Regulation 4(2)(c)

 

This is strangely not the first time I have seen MOWT posting information to the public that is contrary to what I’ve read in these regulations.

I’ve also read articles and heard media personalities repeating MOWT’s bizarre Facebook post to the public. Even the MOWT website contains a media release dated December 18, 2020 which states the fine is $5,000 for breach of the minimum tint limits!

MOWT seems to be very confused and will no doubt be confusing the motoring public who are hearing/reading different things at different times.

Until MOWT issues a correction for its Facebook post, all I can do is shake my head and hope my article today provides some clarity in the interim. Be safe Trinidad and Tobago.

Copyright © 2021 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. 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 using content in this article is thus hereby excluded to the fullest extent permitted by law.

See related stories below:

T&T Should have Motor Vehicle Fix-It Notices

Commentary: A Tint Law Defence to Remember

A Closer Look at Tint Restrictions in T&T

 

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