Failure of Viewing to Windows

Question: Are tinted windows illegal in Ontario, and what are the rules under the Highway Traffic Act about keeping an unobstructed view through a vehicle’s windshield and windows?

Answer: In Ontario, tinted windows are not automatically illegal, but you must be able to see clearly through the windshield and the side windows on either side of the steering wheel, and the rear window must also be in a condition that affords a clear view to the rear of the motor vehicle, per Highway Traffic Act, R.S.O. 1990, c. H.8, s. 74(1)(a)-(b).  If the rear window view is obstructed, the law allows an alternative where properly placed and securely attached mirrors provide a clearly-reflected view otherwise than through the rear window, per s. 74(2).  If you are charged, the Highway Traffic Act offence uses the general penalty where no specific penalty is listed, and a conviction can mean fines up to $1,000 plus victim surcharge and court costs.  If you need help understanding whether your tint level creates a legal obstruction or how to respond to a ticket, Lippa Legal Services can assist you in Ontario and can explain your options, call (416) 241-4529 to book a consultation with a paralegal.

What Is the Law About Obstructed Views Through Vehicle Windows?

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.