I was wondering what the legal % of window tint is legal in ontario/durham region for the front and back windows? Also would i require documentation stating the window tint % if pulled over? thank you in advance.
Our Traffic Services Branch responds:
The Highway Traffic Act section 73(2) states: "No person shall drive a motor vehicle upon a highway where the surface of the windshield or of any window of the vehicle has been coated with any colour spray or other colour coating in such a manner as to obstruct the driver's view of the highway or any intersecting highway."
Section 73 states in S 73(3): "No person shall drive on a highway a motor vehicle on which the surface of the windshield or any window to the direct left or right of the driver's seat has been coated with any coloured spray or other coloured or reflective material that substantially obscures the interior of the motor vehicle when viewed from outside the motor vehicle."
Nowhere in the Highway Traffic Act does it state what is an acceptable percentage. The following tests have been applied by the members of the Traffic Services Branch / Durham Highway Patrol to determine whether or not the applied colour coating is too dark, and have been accepted by the courts within our jurisdiction:
Unable to determine: 1) if driver or passengers are wearing their seatbelt assemblies. 2) race of the occupants of the motor vehicle 3) gender of the occupants of the motor vehicle 4) number of occupants
The Justices of the Peace within the Region of Durham have stated during their rulings when accepting the officer's evidence and giving a finding of guilt, that the colour coating creates an unsafe traffic stop and situation for an officer when he/she are uable to see inside the vehicle especially during the evening hours.
The windshield, front driver's door to the extreme left of the driver and the front passenger's door, to the extreme right of the driver are what apply when dealing with Section 73 of the HTA. Our officers recommend that they should not be colour coated. The rear windows of the motor vehicle are fine as long as they don't interfere with the driver's view (refer to Section 74(1(a) of the HTA).