Kerala HC permits sun films on vehicles, subject to transparency regulations
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As a respite to passengers from the scorching sun, the Kerala High Court has allowed vehicle owners to use sun film on vehicle windows, provided it complies with regulations.
The court's decision addressed multiple petitions, including one from a manufacturer of sun control films, a vehicle owner fined for their use, and a company facing possible cancellation of its registration for selling the films. The petitions challenged the Motor Vehicles Department (MVD) over its actions related to the use and sale of these films.
The court referred to the 100th amendment of the Central Motor Vehicles (CMV) Rules, which became effective in April 2021. This amendment allows the use of safety glazing on vehicles, including safety glass with plastic films, provided they meet transparency standards.
According to the Bureau of Indian Standards, safety glazing can include films applied to windows, with front and rear windows requiring 70 percent transparency and side windows needing at least 50 percent transparency.
Despite objections referencing a Supreme Court ruling from 2012 that banned all sun control films due to concerns over criminal activities, the Kerala High Court clarified that this ban was issued before the CMV rules were amended. The court emphasised that sun control films meeting the revised standards are now permissible, as the new rules offer a different regulatory framework.
The court rejected the argument that only vehicle manufacturers are authorised to install safety glazing. It upheld the right of vehicle owners to maintain their vehicles in compliance with the prescribed transparency standards.
The MVD notice threatening to cancel the registration of an Alappuzha-based firm was quashed, and the fine imposed on a vehicle owner for using sun control films was revoked.