Can the driver install a curtain on the rear side window?

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In the hot days of summer, sun protection becomes a problem for drivers. A recently legalized way to avoid the sun is to For 18 million soums1 year old car window tinting (darkening) purchase the right. At this point, we leave without comment too much the opinion of the officials of the Ministry of Internal Affairs on equating the owner of the car who darkened the window without paying (or could not pay) as a potential criminal.

Today's topic is different: Is it possible to install a curtain on the rear side window of the car?

According to the current traffic rules, it is allowed to install raw curtains and blinds on the rear window of M1 category (light) cars. But is it permissible or forbidden to install curtains on the rear side windows (we call them “back door” for short)? How reasonable is it for traffic patrol officers to fine you for installing a curtain on the back door (even if the curtain is not raised)?

Is there a penalty?

First of all, you need to consider what the punishment is for installing a curtain on the back door. Because any ban does not mean that there is a penalty. For example, although in 2011 it was decided not to allow the consumption of tobacco products in public places, the fine for this act was introduced on December 2015, 29. This shows that in practice it is possible to smoke in public places without responsibility for 4 years.

So what kind of punishment awaits drivers who install curtains on the back door? In practice, this is the case Article 126 of the Code of Administrative Responsibility is the basis for liability with.

But we do not agree with this decision! In our opinion, there is no penalty in the legislation for installing a curtain on the back door.

Note that Article 126 of the CCrP states:

«Vehicles with mirrored and (or) discolored (darkened) glass, which do not comply with the technical regulations, as well as around the driver's seat the use of vehicles with additional visual aids or coatings, except for vehicles that have been duly authorized to change the color of the windows (darkening), entails a fine of twenty-five times the minimum wage " .

Mirrored and tinted glass, which means "tinting". Curtain Restrictions «from the driver's seat around-around Additional things that limit vision are installed »(in the Russian version« transportnyx sredstv, na kotorыh ustanovlenы dopolnitelnyye predmetы ili nanesenы pokrytiya, ogranichivayushchiye inspection of the driver's seat»).

Such a prohibition is set out in the second paragraph of paragraph 73 of the General Technical Regulation "On the safety of the structure of vehicles under the conditions of use", as well as in paragraph 7.3 of the "Conditions prohibiting the use of vehicles."

CONCLUSION 1: From the driver's seat around-around it is not possible to install additional items that restrict vision.

Well, "around the driver's seatWhat are the areas? Does the rear door window also count around the driver’s seat?

Unfortunately, our national legislation does not define the term "driver's seat". GOST 33988-2016 “Automobile means of transport” in force in the Republic of Uzbekistan (signed by Uzstandard agency). Obzornost s mesta voditelya. Texnicheskiye trebovaniya i metody ispytaniy »(Motor vehicles. Visibility from driver's seat. Technical requiremens and test methods) interstate standard In accordance with paragraph 2.12, around the driver's seat as the upper boundary of the field of view, located between the horizontal plane, passing at the level of the three other planes, forming the lower boundary of the driver's eyes and the total area, In a 180 degree sector is the conditional area of ​​the front view.

We also have official response letters sent to citizens by the Uzstandard agency.

CONCLUSION 2: Around the driver's seat is the conditional area of ​​the front view in the 180-degree sector, forming the lower limit of the driver's eyes and total area.

Well, the back door window "from the driver's seat Does it fall into the "surrounding area" or not? To illustrate this, look at the picture below.

“From the driver’s seat around » The area includes only the part painted in yellow. That is, the front view in the 180-degree sector is this part.

The next photo shows a view from the driver's seat.

CONCLUSION 3: "Around the driver's seat" The back door windows do not enter the area!

At this point, it is necessary to clarify the situation that may distract our drivers.

As mentioned above, in the second paragraph of paragraph 74 of the General Technical Regulation "On the safety of vehicle design under the conditions of use" and in paragraph 7.4 of the "Conditions prohibiting the use of vehicles" on the rear window of passenger cars raw curtains and drapes installation is allowed.

But this is the rule allowing is the norm in content, however prohibitive not the rule. That is, the installation of curtains on the rear windows of cars is allowed, but this does not mean that the installation of curtains on the rear door windows is prohibited.

A simple example to make it clear. For example, if a document says that Kyrgyzstan will be allowed to enter without a visa, this does not mean that Kazakhstan will be barred from entering without a visa.

CONCLUSION 4: The legislation does not prohibit the installation of curtains on rear door windows!

Summarizing the available conclusions, it can be said that the rear door windows of the car curtain installation the driver under Article 126 of the CCrP there is no basis for prosecution.

For dessert: a letter on social networks

During the preparation of the article, a letter signed by the head of the Main Department of Traffic Safety of the Ministry of Internal Affairs Kholmatjon Saidaliyev was spread on social networks. According to the content of the letter, an instruction was issued not to issue an administrative report on the cases when the side windows of vehicles were temporarily covered with towels or other sunscreen materials. We have convincing evidence of the authenticity of this letter.

This letter also partially proves our point above. As stated in the letter, if the rear door windows of the car (whether it is a long-distance road or a short-distance road) are covered with towels or other materials, this poses no danger to the movement and is not subject to a fine.

It is logical to conclude that curtains mounted on the back door are also not dangerous. Because usually the curtains on the back door are also temporary, that is, they are raised when needed (in the scorching heat), and lowered when there is no sun.

STRICT NOTE: what we have mentioned above is our personal opinion and has no official status. "The article says that it is possible to install a curtain on the back door," he said. "Don't pay a fine of 5 million soums."

In fact, the problem is not in the lack of responsibility, but in the misinterpretation of the law. Therefore, we are waiting for the prompt response and reasoned opinion of the officials on the article.

Lawyer Khushnudbek Khudayberdiyev