Caveat vendor - window tinting

The Victoria Times Colonist is reporting on a crackdown with regard to tinted windows on vehicles by the local Integrated Road Safety Unit (IRSU). The article quotes a business owner who tells his customers that some window tinting is illegal and that the buyer should beware. What the article fails to touch on is that the vendor should also beware.

The comments posted by readers with the article are entertaining. There are those who realize that tint in the wrong places can be significantly hazardous when it comes time for a driver to identify a low contrast target against a low contrast background. Think pedestrian dressed in dark clothing walking along an unlit road at night. The rest spout less well thought out responses including one about it not being illegal for businesses to install tint where is should not be on your car or truck's windows. They are wrong.

It is an offence under the Motor Vehicle Act for anyone to deliver over to a purchaser for use a motor vehicle, trailer or equipment for them that is not in accordance with this Act and the regulations. A violation of this could cost a business owner $109 if IRSU issues a ticket or could be determined by the court if an appearance notice is issued instead.

Either of those two possibilities would pale in comparison to being found contributively negligent by the courts following a crash. Chances are good that the business has no insurance coverage for such a situation and telling the customer that it is illegal will not provide protection. In fact, it helps to confirm negligence. So, caveat vendor too. One significant judgement could leave you bankrupt and out of the tinting business.

The author is a retired constable with many years of traffic law enforcement experience. To comment or learn more, please visit drivesmartbc.ca.

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.