Since January 1, 2017, the tinted windows at the front of a vehicle are prohibited if the light transmission rate is lower than 70 %. The article R. 316-3-1 the Code of the road, punished the offender to a fine of 135 euros and a loss of 3 points on the driving licence. Two years after the entry into force of this regulation, the case law has clarified the periphery of the records and of its conditions of recognition.

1. while many courts have relaxed the first offenders in the absence of the use of control equipment duly certified, the supreme Court did not uphold this argument. It was held that the offence could be raised by a simple observation with the naked eye without the use of any equipment.

2. The Court of cassation has nevertheless imposed several safeguards in the interest of the user. It requires, in particular, that the minutes of the specific offence specifically what glass is concerned, and how its transparency is insufficient.

3. The minutes should state that it is a glass front as well as the concrete circumstances of the offence. The agent verbalisateur must provide an objective element to characterize the percentage of regular transmittance of light.

4. In other words, the agent must identify how and according to what findings the vehicle is in violation (for example: inability to see the hands of the driver in the cabin, read the driver license through the glass, etc).

5. Finally, the road user can always report the evidence to the contrary to the contents of the minutes in writing or a witness to attempt to fight the veracity of the findings by the police. A certification with respect to the opacity of the glass to a specialized centre or a technical control in favour could object to the questioning.


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