Failure of Viewing to Windows

Question: Who can help me if I got a ticket for a blocked window view in Ontario?

Answer: You can contact Lippa Legal Services to get clear guidance after a charge under the Highway Traffic Act for driving without a properly unobstructed view through your windshield, front side windows, and rear window, because Highway Traffic Act, R.S.O. 1990, c. H.8, at s. 74 requires a clear view to the front, side, and rear of the vehicle.  If your rear window view was obstructed, the Act allows an exception when properly positioned and maintained mirrors provide a clearly-reflected view of the roadway behind or approaching vehicles, otherwise a conviction can lead to a fine of up to $1,000 plus the victim surcharge and court costs, and it may also affect insurance rates.  For help assessing the facts, the potential defences, and what to do next, call (416) 241-4529 to discuss your situation with a paralegal at Lippa Legal Services.

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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.