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Thread: This isn't right FFS!!!

  1. #1
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    This isn't right FFS!!!

    Now Im not sure if this is true or not but if it isn't, I will take it to court!

    After a short ride (time frame ) to Hill Top and back with Bren_CHCH I was on my way home along manchester st. It was 8:12pm and was just getting dark but it wasn't black yet. Anyway, I got pulled over by our local constabulary, which I wasn't too fussed on because the bike doesn't look in the most warrentable condition.

    Anyway, after a brief chat about the ride and the weather he proceeds to write me out a ticket. Not for speeding, not for Reg or WOF and not for any illegal or dangerous manouvers, but for having a VISOR WITH LESS THAN 35% TINT. What the Fuck! Now I know cars can get done for having tints less than 35% because they are unwarrentable. But this coppers reason was that if its hard to see in from the outside, its equally hard to see from the inside and no matter what I said, I could not convince him otherwise. Now I was riding with my visor up so it wasn't a problem but this cop wouldn't even put the helmet on to check to see through it.

    So I was left with a $200 fine and a stern word from the policeman telling me to get a clear visor or one with more than 35% tint.

    Im confused, is this a legit charge for a visor? And do I have a leg to stand on if I choose to argue it.
    Last edited by Sniper; 2nd November 2005 at 07:51. Reason: Title changed
    To every man upon this earth
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  2. #2
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    15th October 2005 - 15:54
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    WTF!! Harsh is mild
    That shouldn't be right but when they have the badge and book what can you do?
    I would of thought if your visor is up you'd be sweet...I'd better sort mine out

  3. #3
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    Bad luck. Seems so wrong, but I have no idea what the law says :spudwhat:

  4. #4
    Hmmmm,I don't know if there are laws on visors,but it could be taken as an extension of the glazing rule,which is why he's talking about 35%.Same as a car,you are looking through the tint,just because it's not a fixed component of the vehicle maybe doesn't mean it's exempt.If your car windows are tinted too dark,winding them down doesn't solve the problem,same as you having the visor up.I reckon you are done....I don't like tinted visors,but it's just another liberty taken from us....tickets for sunglasses next?
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  5. #5
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    Thats a new one to me. Haven't EVER heard of a ticket being issued for a dark helmet visor. Having said that I have no idea what the rules are for visors so check with LTNZ. Definitely don't pay the fine until you know what the rules etc are.

  6. #6
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    Quote Originally Posted by Sniper
    Now Im not sure if this is true or not but if it isn't, I will take it to court!

    After a short ride (time frame ) to Hill Top and back with Bren_CHCH I was on my way home along manchester st. It was 8:12pm and was just getting dark but it wasn't black yet. Anyway, I got pulled over by our local constabulary, which I wasn't too fussed on because the bike doesn't look in the most warrentable condition.

    Anyway, after a brief chat about the ride and the weather he proceeds to write me out a ticket. Not for speeding, not for Reg or WOF and not for any illegal or dangerous manouvers, but for having a VISOR WITH LESS THAN 35% TINT. What the Fuck! Now I know cars can get done for having tints less than 35% because they are unwarrentable. But this coppers reason was that if its hard to see in from the outside, its equally hard to see from the inside and no matter what I said, I could not convince him otherwise. Now I was riding with my visor up so it wasn't a problem but this cop wouldn't even put the helmet on to check to see through it.

    So I was left with a $200 fine and a stern word from the policeman telling me to get a clear visor or one with more than 35% tint.

    Im confused, is this a legit charge for a visor? And do I have a leg to stand on if I choose to argue it.
    This is very interesting as it sounds as though he has applied the law relating to tinted windscreens to helmet visors. Considering you can use sunglasses with significantly higher levels of tint under a clear visor this seems rather absurd. As you point out you can lift a visor up out of the way.

    I would seriously take this further as this appears to be establishing a significant precedent.

    Here's a link I found to an LTSA Advisory Circular. It only mentions front side windows with regard to the 35% minimum transmission rule. As far as I know there is no rule in NZ regarding visor tints (unlike the UK where it is up to 50% tint).

    Edit: The VIRM rule states that windscreen must have no less than 70% visible light transmission, and that side windows must have no less that 35% transmission. You mention 35% tint up above, but I suspect you mean 35% transmission? What does the ticket actually say?

  7. #7
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    Quote Originally Posted by Motu
    If your car windows are tinted too dark,winding them down doesn't solve the problem,
    If you have dark sunglasses in your pocket you sometimes wear with you open face helmet would this not be the same thing?

  8. #8
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    Well thats what I checked last night was if the visor was at all glazed ect but it wasn't. I have a lot of time for the Police, but this guy was looking for a way to give me a ticket.

    I also just rung the LTNZ and they say they have no rules relating to visors. They don't even care if you ride without one.
    To every man upon this earth
    Death cometh sooner or late
    And how can a man die better
    Than facing fearful odds
    For the ashes of his fathers
    And the temples of his Gods

  9. #9
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    Here's the fact sheet regarding window tints.

    http://www.landtransport.govt.nz/factsheets/39.html

    And here is the Land Transport rules relating to glazing etc.

    http://www.landtransport.govt.nz/rul...999.html#part2

    I've had a quick glance over it and can't see anything much relating to motorcycle helmet visors. (I'll have a thorough read later if I get the time)

    Windscreen is defined in the rules as follows:

    Windscreen
    means all glazing extending across the front of the vehicle that is not parallel to the vehicle’s longitudinal centre-line; but does not include a wind deflector.
    I'd be making a few phone calls today if I were you.

  10. #10
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    Quote Originally Posted by Sniper
    VISOR WITH LESS THAN 35% TINT.
    Um my visor is clear and thus I would have thought less than 35% tint too.
    I'm confused.

    I would have thought it worth a fight, as Motu says winding a window down does not get around the problem in a car, but are sunglasses legal?

    Surely the issues with a car is that at times you will have the window up AND it is the car that is warranted, not the driver.

    In this case the visor is actually optional thus like sunglasses may be used or not AND the bike is warranted not the rider and his/her optional accessories.

    The fact that it wasn't in use at the time then begs the question, what if you had a tinted visor about your person, say in your tank bag? Again it is not in use, but capable of being used, can you be ticketed for this?

    The cop is a jerk. Must have been short of quota (sorry performance indicator) for the day.
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  11. #11
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    Quote Originally Posted by Sniper
    Well thats what I checked last night was if the visor was at all glazed ect but it wasn't. I have a lot of time for the Police, but this guy was looking for a way to give me a ticket.

    I also just rung the LTNZ and they say they have no rules relating to visors. They don't even care if you ride without one.
    Yes, I completely agree. You must contest this ticket.

  12. #12
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    sounds as if the piggy was just being a wank to cause you grief & hassle because he couldn't really get you on anything solid. lodge a complaint, submit his number, cause him some grief!

  13. #13
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    Quote Originally Posted by CaN
    Um my visor is clear and thus I would have thought less than 35% tint too.
    I'm confused.
    I wonder if the cop was too? The rule relates to minimum transmission levels, 35% for side windows, 70% for windscreens. In other words a maximum of 65% tint and 30% tint respectively.

    There is so much wrong with this it's not even funny.

    Check out the Scope of the Rule, it could potentially apply to the motorcycles windscreens (that's interesting in itself - depends on what a wind deflector is) but extending it to a helmet visor I would suggest clearly exceeds the intended scope.

  14. #14
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    Take it to court all the way. How did he know the tint % of your visor? To stand up in court he would have to prove the reduction of light through your visor by measuring it, which I am sure he didnt do! As far as I am aware there are no restriction of tinted visor laws in NZ

  15. #15
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    that's a good one.. Should be in the halls for that.

    A lot of visors give a tint percentage too, don't they? Could you find out if your visor is 35% or worse? Any worse and you'd might as well paint it black!

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