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Failure of Viewing to Windows Contrary to Section 74 of the Highway Traffic Act
Question: What is the law in Ontario about driving with an obstructed view through your vehicle’s windows?
Answer: In Ontario, Highway Traffic Act, R.S.O. 1990, c. H.8, s. 74 requires a clear view through the windshield and front side windows, and a clear view to the rear unless properly positioned mirrors provide the rearward view. DefendCharges.ca offers Ontario paralegal services to review your charge, explain the elements and possible penalties (including fines up to $1,000 plus surcharge and costs), and help you plan next steps.
Are Tinted Windows Illegal?
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:
Windows to afford clear view
74 (1) No person shall drive a motor vehicle upon a highway,
(a) unless the windshield and the windows on either side of the compartment containing the steering wheel are in such a condition as to afford the driver a clear view to the front and side of the motor vehicle; and
(b) unless the rear window is in such a condition as to afford the driver a clear view to the rear of the motor vehicle.
Application of cl. (1) (b)
(2) Clause (1) (b) does not apply to a motor vehicle that is equipped with a mirror or mirrors securely attached to the motor vehicle and placed in such a position and maintained in such a condition as to afford the driver, otherwise than through the rear window, a clearly-reflected view of the roadway in the rear or of any vehicle approaching from the rear.
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.
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