TINTED WINDOWS -
Article by Dave Lawrie, Director NPHTA 0161 280 2800
info@nphta.co.uk
The last time we wrote an article on this subject was in the July and August 2021 issues of PHTM as well as July 2022, issue 358: (
https://shorturl.at/aLHmf), where we spelled out the reasons why manufacturers have migrated onto darker glass as standard, including but not limited to: passenger comfort, passenger safety, emissions reductions and fuel economy improve- ments.
Since then, the Department for Transport (DfT) released the government Best Practice Guidance in November 2023, in which the subject of tinted windows was mentioned:
For most cars on the road today, the minimum light transmission for windscreens is 75% and 70% for front side windows. There are no rules for tinting the windows rear of the B-pillar and vehicles are often manufactured with glass in the rear that is darker than the front, especially in luxury, vehicles.
estate and people carrier style
There is a significant cost and inconvenience associated with requiring drivers to replace the standard manufacturer or factory specifications for window glass. Some passengers may feel more comfortable in vehicles that do not have very heavily tinted rear windows but there is a lack of evidence to suggest that these are detrimental to public safety. Balancing these factors, the department considers that licensing authorities should not require the removal of windows rear of the B-pillar if they have a minimum light transmission of 30% or above. This should maintain passenger confidence whilst ensuring a wide range of vehicles may be licensed.
The department recognises that a minimum light transmission of 30% for windows rear of the B-pillar might impact on executive hire vehicles, where passengers demand a higher degree of privacy. Some licensing authorities already grant executive hire vehicles plate exemptions, and they could determine that an exemption from the 30% minimum light transmission level for these vehicles is appropriate.
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Sadly, since the guidance above referred to a 30% light transmission level, the ability to comply was then left wide open to operator error for the testing equipment, poor lighting conditions where the testing equipment is being used, faulty machinery and machinery which has not been calibrated correctly or recently. It also makes it very difficult for vehicle purchases where the vehicles have tinted windows due to the fact that buyers and sellers are very unlikely to have calibrated testing equipment and know how to use it.
IMPACT ON THE INDUSTRY AND PUBLIC
We are finding many cases around the UK where drivers have been left in the extremely awkward situations of having purchased a vehicle only to find that the compliance testers have measured it as being a very small percentage below their tolerance; we are talking about a threshold of 5%, which in the grand scheme of things fails to satisfy the Wednesbury reasonably necessary test, details of which can be found here:
https://shorturl.at/rXU11
In our view it would have made far more sense to not have a percentage but simply specify manufacturer’s standard glass, this then caters for standard road vehicles whilst providing the protection by excluding after market tints.
The impact that we are seeing on the trade is that even wheelchair accessible vehicles are being rejected at a time when there is so much publicity, including national campaigns, to increase the provision of such vehicles. We are finding the opposite is actually happening, simply because the majority of vehicles that can be converted into WAVs are larger vehicles, such as minibuses and MPVs, which come with darker glass as standard. So do many other vehicles that are used for executive hire, which in truth are just private hire vehicles licensed as with any other. To spell this out clearly: a BMW 5 series licensed as private hire vehicle may have darker glass then the same vehicle just because of the type of work it does; the truth is they are the same vehicle with the same pre-booked customer as any other private hire vehicle.
Since writing the articles three years ago, the issues that tinted window restrictions are causing are becoming more common, resulting in it being increasingly difficult to provide a service within local communities.
OCTOBER 2024 PHTM
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