Failure of Viewing to Windows

Question: Are tinted windows illegal in Ontario, and what’s the fine if police say my view is obstructed?

Answer: In Ontario, tinted windows can be legal, but you can be charged if tinting or any window condition prevents a clear view through the windshield, front side windows, or rear window (unless mirrors provide the required rear view) under Highway Traffic Act, R.S.O. 1990, c. H.8, s. 74, with a potential fine up to $1,000 plus surcharge and costs; Off the Hook Paralegal is a Paralegal service that helps drivers across Ontario understand their options and fight window-visibility and other traffic tickets to protect their record and insurance.   Call (519) 253-4665 to get practical, fast guidance on your next steps.

Can a Driver Be Fined For Failure to Have a Clear View Through a Window?

The Highway Traffic Act Prohibits Driving Without a Properly Unobstructed View Through the Windows of a Vehicle. A Fine of Up to $1,000 Plus Victim Surcharge and Court Costs May Be Imposed Upon a Conviction For a Violation.

Understanding the Requirement That Drivers Have Views Through Windshield, Front Side Windows, and Rear Window

For plain and obvious reasons, a driver must have an unobstructed view through to both front-seat windows and through to the rear window of a motor vehicle.  If viewability through the rear window is obstructed, such is permitted so long as the driver is able to use side mirrors as an alternative to a view through the rear view mirror.

The Law

The Highway Traffic Act, R.S.O. 1990, c. H.8, prescribes the legal requirements regarding the requirements for a driver to view through windows whereas it is stated:

As per the law provided above, the driver must be able to experience a clear view through the front windshield, the front seat compartment side windows, and the rear window with an exception for review through the rear window when side mirrors are an available substitute for rear direction viewing.

Potential Penalties

Interestingly, section 74 of the Highway Traffic Act is silent regarding the potential penalties for driving without proper window viewability; and accordingly, the general penalty of a fine of up to one thousand ($1,000) dollars applies for offences without a specified penalty apply.  In addition to a fine, adverse affects to insurance rates may also result upon a conviction.

Summary Comment

Drivers must be able to experience an unobstructed view through the front windshield, front side windows, and rear window.  Side mirrors as a substitute to visibility through a rear view window are a permitted exception.  A potential fine of up to $1,000 applies for having obstructed window views.