Mr Lt. Governor Franklin Richard, my letter is not to accuse anyone of illegal activities or to fight against the help we got from the Curaçao police who are doing a good job so far together with the KPSSS and Customs in fighting the crime by picking up all undocumented Afro-Caribbean (black) men, women and children from our island.
Mr. Lt Governor Franklyn Richards, I am telling you that there are also the Caucasian European/American/Asian and African (white) undocumented "aliens" on the island because maybe you don't know or the law enforcement thinks they are tourist but they are not. They are concentrated on the western side of the island and are not just one, two or three people but bus loads just like the Afro-Caribbean (black) people!
My main concern right now is the operation to fine people driving with tint because it violates all rules laid down in the Island Ordinance governing traffic rules - Wegen Verkeers Verordening - WVV AB 1963 -No.5.
Why I say this, let me explain, Mr. Lt. Governor. Since 1998, the police started working with this law for car control. In January 2001, the Executive Council made an island ordinance dealing with Tint - AB 2001 No. 4.
Article One of this Ordinance states in Dutch: "Onder lichtdoorlatenheid wordt verstaan: de hoeveelheid licht, uit gedrukt in een percentage, die door de ruit van een motorrijtuigen heen schijnt ten opzichte van de totale hoeveelheid licht die van buiten op de autoruit valt." This gives the definition on what percentage of light needs to get through window glass from outside to inside. Based on this as stated in Dutch, the law enforcement officer cannot use his eyes to measure if the tint is too dark or not because the eyes cannot record/measure the percentages.
Article 2 in Dutch: "Ruiten van een motorrijtuig zijn goed doorzichtig, indien de lichtdoorlatenheid gelijk is aan of groter dan: a. 70% voor de vooruit en de zijruiten voor of naast de bestuurder; b. 40% voor de achterruit of de zijruiten achter de bestuurder. Lid 2 In afwijking van het gestelde in het eerste lid, onder a, mage en strook van maximal 15 centimeter boven aan de voorruit, gerekend van vanaf de bovenkant van de voorruit, een lichtdoorlatendheid hebben van minder dan 70 %."
This article speaks about the percentage of light that is supposed to go through the windshield and the two front side windows that is 70% and 40 % for the two back windows and the back windshield. The second section deals with the front windshield and allows a piece of tint max 15 cm wide and it had to stay within the law of 70% of light going through.
Now, the law enforcement officers are making everyone to take off their tint based on an amendment that was done last year but there is no amendment on this part of the law.
Article 3: "Lid 1 - Het is verboden enig material aan, op of tegen de ruiten van een motorvoertuigen te hechten, te plakken of aan te brengen waardoor de lichtdoorlatenheid van die ruiten verminder of waardoor anderszins het uitzicht van de bestuurder wordt belemmerd dan wel personen of voorwerpen van binnen of van buiten vaag, verwrongen of in het geheel niet kunnen worden gezien. Lid 2 Het eerste lid geldt niet voor de achterruit of de zijruiten achter de bestuurder, indien het motorrijtuig is voorzien van een Spiegel met behulp waarvan de bestuurder van zijn zitplaats het rechts achter hem liggende weggedeelte kan overzien."
Article 3 first section forbids anything to be stick on the glass whereby it will drop the light percentage that going thru, or will block the view to see the people them in the car. The second section says that the first section don't count for the windows at the back and back windshield, once the vehicle has side mirrors so the driver can see from the seat the right back side of the road. This is to just bring some clarity to an article that came out in the newspaper saying that we are not allowed to put tint at all. Once you are within the law percentage, it's ok.
Article 4: "De lichtdoorlatenheid wordt bepaald aan de hand van door het bestuurscollege goedkeurde, bij besluit openbaar bekend te maken apparatuur, die deugdelijk is voor het meten van de lichtdoorlatendheid."
The machine to be used to measure the light through the glass has to be approved by the Executive Council in an Island Ordinance. So with this article, I want bring to your attention that the first week the police did their control, there was no machine on the spot and officers measured with their eyes. That is illegal, according article 1 + 2section 1 and 4 of AB 2001 No4, Officially their eyes cannot read any type of percentage to see if the tint was more than or less than 70 % or 40%. And in article 4, the Executive Council has to approve the machine to measure and not the eyes of the officers. 
In the second week, police showed up to the control with Tint Meter Inspector TM200 but this is also illegal and in violation of Article 4 of AB 2001 No4 and Article 1 of AB 2001 No13. These two ordinances specifically state that is the Executive Council - "Bestuurcollege" - has to approve the machine by an Island Ordinances. The meter being used by police was not approved by the Executive Council so all fine/"boets" are illegal.
The only government department with a meter regulated by an Island Ordinance (island ordinance Article 1 of AB 2001 No13 sign by the Island Secretary and Lt. Governor on May 07, 2001) is the Control Unit that has a Pocket Detective 2.1 Window Tint Meter from New World Instruments.
In your capacity as Chief of the Police and Executive Council Chairman, I urge you to look into this matter with your Legal Affair Department to annul all fines that were given to any motorist for violating the Tint Law (Island Ordinance AB 1963 No5 "WVV") and as it has been amend throughout the years - AB2001 No. 4 and No. 13 and to request the Public Prosecutor office to look into this matter to see if it is still legal to continue their prosecution seeing that, in my opinion, the execution was not up to standard and there were some violations by the Law enforcement officer.
The officer did not notice that they was busy with an error and out of goodwill enforce the law wrongfully. I trust that you, Mr. Lt Governor, will show that good governance is very important in your policy.
I make clear to every reader that I am not a translation expert so I encourage you to take the Dutch version to an official translator to get the right translation in English.
Mr. Lt Governor, I urge you to please legalise the tint meter used by the police from Curaçao with an Island Ordinances as soon as possible and not to backdate it as it is not polite to correct an error made by the government to its benefit and punish the citizens. With the ordinance, you insure that the officers will be working within the law. Can you please publish these Island Ordinances in the local newspapers as an ad just like the civil code book request and not as a press release to avoid any problem in the near future.
I close my letter with a reminder to you to please look into how the immigration department is busy rounding up undocumented people because not only Dutch Quarter, Cay Bay, St. Peters, Cole Bay, Fort Willem, Philipsburg, Over the Pond/Bank and Cayhill have these people. They are also not only Afro-Caribbean people but also the Caucasian European/American/Asian and African (white) are in violation of the "LTU" immigration laws by overstaying and working in businesses and not every white person is a tourist.
I would love to see the Coast Guard join the Operation Trust II to make sure illegal immigrant on the sea or in the lagoon are controlled especially on the western side of the island.
Gromyko Wilson
