Failure of Viewing to Windows

Question: Are tinted windows illegal in Ontario and what are the penalties if they obstruct a driver’s view?

Answer: In Ontario, tinted windows are not automatically illegal, but you cannot drive if the windshield and the side windows of the steering-wheel compartment do not provide a clear view to the front and side, or if the rear window does not provide a clear view to the rear of the vehicle unless mirrors are securely attached as a substitute under Highway Traffic Act, R.S.O. 1990, c. H.8, at section 74.  If tinted or obscured glass creates an unsafe or prohibited obstruction, the general offence penalty can be up to $1,000 plus victim surcharge and court costs, and a conviction may also affect insurance.  For guidance on your specific situation and options to respond to a ticket in Ontario, contact Woodcock Legal Services at (613) 334-6721 for professional legal services.

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What Is the Fine For a Blocked Window View?

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.