TRANSPORT AND TECHNICAL SERVICES
MOTOR VEHICLES (CONSTRUCTION AND USE) (JERSEY) ORDER 1998
ARTICLE 32 - WINDSCREEN TINTING
Purpose of the Report
To consider the application of minimum visual light transmission (VLT) limits for vehicle windscreens as defined in Article 32 of the Motor Vehicles (Construction and Use) (Jersey) Order 1998, in the context of:
- Assessing vehicle compliance for the purposes of registration; and
- Providing prosecution evidence for the Police.
Background
In September 2008 an American built van was presented at Driver and Vehicle Standards, (DVS), for a ‘Certificate of Approval’ registration inspection. As part of that inspection the VLT of the windscreen was recorded as 70 percent, (below the 75 percent minimum stated in the Construction and Use Order).
In May 2009 an American built car was presented for registration, accompanied by a UK ‘single vehicle approval’ certificate. The vehicle was viewed by a Traffic Officer who tested the VLT of the windscreen and noted it to be 70.9 percent.
In both cases the respective owners provided evidence to DVS confirming that windscreens with a VLT above 75 percent are not produced for their vehicle.
It should be noted that vehicles of the same make and model, (as both vehicles), with windscreens having less than 75 percent VLT, have historically been registered in Jersey. It is likely that some have been registered without being checked based on the production of a ‘single vehicle approval’ certificate.
These vehicles have been built for the American market and have been imported from the USA. Vehicles manufactured in Europe comply with the VLT requirements, based on the United Nations Economic Commission for Europe (UNECE) Transport Division standards for glazing in motor vehicles set out in Regulation 43 and stated in Article 32 of the Construction and Use Order, of at least 75 percent for windscreens and 70 percent for front side windows. Similarly, American vehicles built for the European market will comply with Europe’s VLT requirement.
Discussion
It is common for windscreen and window glass to be tinted in the manufacturing process. Additional tinting films and sprays can be applied to reduce VLT further. Windscreens and windows used in vehicles should be marked, indicating that the glass complies with relevant standards. Windscreens used in vehicles will be manufactured to these standards and laboratory tests done on the windscreens to check compliance with the required standards.
This discussion considers vehicles having windscreens with:
- Only the standard manufacturer’s tint; and
- Additional tint film or spray applied.
It is recognised that in determining the application of certain legal requirements consideration must be given to:
- Tolerances within the item under test; and
- Tolerances and accuracy of the test equipment.
Examples include:
- Substantive breath test for driving with excess alcohol (Limit 35mlgrms / 100ml – warning given up to and including 39mlgrms / 100ml).
- Maximum speed requirement for a moped (Limit 30mph – accepted as compliant up to and including 35mph [under test conditions]).
Accepting this, Ministerial support is sought in providing a practical application of Article 32 (10) of the Motor Vehicles (Construction and Use) (Jersey) Order 1998, (C&U order), that states the windscreen of motor vehicles first used on or after 01 April 1985 must have a visual light transmission, (VLT) for light of not less than 75 percent and front side windows are required to have a VLT of not less than 70 percent.
Method of testing
Prior to December 2004 vehicles without acceptable type approval certification presented for Jersey ‘Certificate of Approval’ registration inspections, had their windscreens visually checked against a “control sample”.
In December 2004, Driver and Vehicle Standards acquired a ‘Tintman’ light opacity meter manufactured by Turnkey Instruments in the UK. The device was selected as it had been developed in conjunction with South Yorkshire Police, to provide evidence in prosecutions, and had been approved by the Vehicle and Operators Services Agency (VOSA) in the UK. (Turnkey instruments state that the device is accurate to +/- 3 percent. The Tintman is the current method of testing used by DVS where markings on the glass do not indicate compliance with Regulation 43.
The Tintman device is calibrated prior to each use and submitted annually to the manufacturer for laboratory calibration.
Testing elsewhere
In the UK, the legislation in respect of VLT is the same as in Jersey. However, VOSA accepts a number of comparable standards of glass marking for the purposes of the current ‘Individual Vehicle’ and its predecessor the ‘Single Vehicle’ approval schemes. Such standards as the American ‘FMVSS’ denote a minimum VLT of 70 percent. Additionally, the VOSA enforcement sections apply a similar tolerance when testing vehicle glass VLT for prosecution purposes.
The South Yorkshire Police Roads Policing Unit helped develop the Tintman. The Unit has advised DVS that the South Yorkshire Police will not prosecute drivers unless their vehicle windscreen VLT is measured, using the Tintman, at less than 70 percent.
The “Isle of Man, Maintenance and Use Regulations (2002)” requires vehicles to have windscreen and front side window VLT of 70 percent.
As mentioned above, glass used in the production of motor vehicles will be tested under laboratory conditions and marked as compliant with the standards set. It is not feasible to reproduce these laboratory standards at DVS (or at VOSA depots).
Options
The following options are based on the current facilities available to DVS for glass opacity testing (i.e. the Tintman), and may be subject to change in the event that more accurate testing equipment becomes available.
- Maintain the current position and keep the C&U order at 75 percent VLT for windscreens, applying a tolerance of +/- 3 percent when using the Tintman and not recognise other standards, thus preventing vehicles with windscreen VLT measured at less than 72 percent being registered in Jersey.
Implications:
- Jersey remains inconsistent with other jurisdictions, particularly the UK, regarding its applications of windscreen VLT.
- Some imported American vehicles built to FMVSS and marked as such will be unable to comply and thus will not be registered.
- The position may be difficult to defend given that other jurisdictions accept American standards for imported vehicles, and vehicles with similar windscreen VLT (i.e. between 70 percent and 75 percent) are already in the Jersey Register.
- In the event of court proceedings, possibility that authorities are perceived as not giving the benefit of doubt to the accused.
- Maintain the current position and keep the C&U order at 75 percent VLT for windscreens, applying a tolerance of +/- 3 percent when using the Tintman and recognise other standards considered to be comparable by VOSA, thus allowing vehicles with windscreen VLT of “at least 70 percent” and over to be registered, provided the screens are suitably marked as such and do not have further tint applied.
Implications:
- Jersey is consistent with other jurisdictions regarding its application of windscreen VLT.
- Possibility of minimal reduction in driver forward visibility in a minority of vehicles. (VLT still maintained at least that of front side windows).
- Position is defensible based on its congruence with other jurisdictions.
- Imported American vehicles built to FMVSS and marked as such should be compliant.
- In the event of court proceedings, authorities seen to be giving the benefit of doubt to the accused.
- Reduce the standard required by the C&U order to 70 percent VLT for windscreens, and not applying a tolerance of +/- 3 percent when using the Tintman thus allowing vehicles with windscreen VLT of 70 percent and over to be registered.
Implications:
- Position difficult to defend, given the tolerance within the test equipment.
- Imported American vehicles built to FMVSS and marked as such should be compliant.
- Possibility of reduction in driver visibility in a number of vehicles.
- Could allow additional tinting to be placed on manufacturer’s tinting reducing visibility on a greater number of vehicles, compromising safety.
- In the event of court proceedings, accuracy of test equipment cannot be substantiated to such a fine tolerance.
- Reduce the standard required by the C&U order to 70 percent VLT for windscreens, and applying a tolerance of +/- 3 percent when using the Tintman thus allowing vehicles with windscreen VLT as low as 67 percent to be registered.
Implications:
- Jersey is inconsistent with other jurisdictions regarding its application of windscreen VLT.
- Possibility of reduction in driver visibility in a number of vehicles.
- Could allow additional tinting to be placed on manufacturer’s tinting reducing visibility on a greater number of vehicles, compromising safety.
- The position may be difficult to defend given that other jurisdictions apply differing / higher standards.
Summary
A small number of vehicles are being presented in Jersey for registration where the visual light transmission (VLT) of the windscreen does not meet the standard written down in the legislation. There is a tolerance in the current means of testing VLT used by DVS, the Tintman. In order to minimise any legal challenge following refusal to register a vehicle or prosecution of a motorist for having excessive tint on the windscreen or front side windows, a practical application of the legal requirements set out in Table II of Article 32(10) of the Motor Vehicles (Construction and Use) (Jersey) Order 1998 is required.
Recommendation
The Minister is recommended to accept option 2 and retain the legal requirements set out in Table II of Article 32(10) of the Motor Vehicles (Construction and Use) (Jersey) Order 1998 of 75 percent visual transmission for light for windscreens and 70 percent visual transmission for light for front side windows, applying a tolerance to the effect that vehicles with windscreen visual transmission for light of at least 70 percent and over measured using the Tintman device are:
- Registered, provided the glazing is suitably marked as such and does not have further tint applied;
- Not subject to prosecution.
Reason(s) for Decision
To maintain safety standards but minimise any legal challenge following refusal to register a vehicle or prosecution of a motorist for having excessive tint on the windscreen or front side windows and align Jersey with other jurisdictions in its application of the law regarding tinting of vehicle windscreens.
Action Required
Subject to the Minister’s approval, Traffic Officers at Driver and Vehicle Standards will implement the procedure.
Written by: | Traffic Officer |
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Approved by: | Director of Transport |
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Endorsed by: | Head of Driver and Vehicle Standards – Inspector of Motor Traffic |
RAR
10 June 2009
gov.je