[darklord]

Kochi ∙ The High Court said that it is permissible to install cooling film on motor vehicles in accordance with the approved conditions. Justice N. Nagaresh stated that the authorities have no right to take legal action or impose fines on this account.

As per the amendment of Section 100 of the Central Motor Vehicle Rules, which came into force from 1st April, 2021, the use of 'Safety Glazing' is allowed in place of safety glasses on the front, rear and sides of motor vehicles. Safety glazing conforming to the 2019 norms of the Bureau of Indian Standards is permitted. A plastic film applied to the inner surface of safety glass is included in the definition of safety glazing. The amended regulations require 70 percent transparency in the front and 50 percent in the sides. Referring to this amendment, the court clarified that the use of such films is legal.

The opposing party pointed out that the Supreme Court itself had prohibited the use of such films, but the court held that the existing Supreme Court judgments were prior to the amendment of the rules and only safety glass was permitted then.

Read more at: https://www-manoramaonline-com.trans..._x_tr_pto=wapp

https://www.youtube.com/watch?v=_nnHh8TauzU

[batish]

This would be interesting as to how this whole saga unfolds in the near future.

Somebody in a very short span will appeal in Supreme court and get this judgement overturned, although I hope I'm wrong here.

It this is legal, then woah. It would be terrific! Good 'ol cool cabin summer days.

[Turbohead]

So how does this work? Can I wield this judgement in another state if I get caught by the RTO of another state?

I can imagine Kerala MVD crying at the loss of revenue. Hope they don't come out with some other technicality and ban it again.

[Mohitkumaar]

Originally Posted by Turbohead

So how does this work? Can I wield this judgement in another state if I get caught by the RTO of another state?

I can imagine Kerala MVD crying at the loss of revenue. Hope they don't come out with some other technicality and ban it again.

No unfortunately. This will be limited to Kerala only.

[GTO]

Dear Maharashtra, please follow Kerala's sensible lead. We are absolutely fine with 70% / 50% transparency on the front / side glasses. They offer adequate visibility from the outside-in.

In India's super hot weather conditions, sunfilms are such a boon. I recently test-drove a Gurkha that came with sunfilm and man, the experience was spectacular. Reminded me of the good old days. Sure, this car had dark sunfilm that offered enhanced privacy, but hey, I'm very happy with light sunfilm that will do a great job of blocking out the heat and also enhance our car's looks a little

[Axe77]

As Turbohead also mentioned, this will require some sort of uniform nationwide principle to be adopted. It can’t be that my car is legal to drive in KL (and MH for instance) but not everywhere in between if I’m driving interstate.

At a practical level of course, enforcement is very lop sided. Mumbai for instance has pretty strict enforcement but everywhere I go in rest of MH, I see wide proliferation of even very dark tints with hardly any enforcement or consequence. Heck, I’ve seen some cars with very dark film on their windshield.

[Bibendum90949]

We had this thread and debated on the legality in the wake of the said amendment back then.

https://www.team-bhp.com/forum/india...d-says-no.html (Safety glazing | Sunfilm now legal? EDIT: Kerala MVD says no)



Now Kerala HC has said this. If the matter reaches SC again, hope the top court doesn't quash this order. If that happens, it would be a great reprieve for car owners. Sun film is clearly a desideratum in a tropical country as ours.

The opposing party pointed out that the Supreme Court itself had prohibited the use of such films, but the court held that the existing Supreme Court judgments were prior to the amendment of the rules and only safety glass was permitted then.

[thomahawk]

Accessory shops in Kerala were dealing with sun films anyway and they always quoted the amendment when someone questioned the legality of this - and said this is a grey area and the officials won't bother you if you went with lighter films.

This is on newspapers today, and I guess this will get the shops their festive 'Onam' bonus. Hope they 'stick' to lighter films.

Originally Posted by Turbohead

I can imagine Kerala MVD crying at the loss of revenue

I don't think they would care much - tinted cars are still few; they have other steady streams of income from modified vehicles, stupid social media influencers, DUI, obstructive parking etc. The celebrated AI cameras seems to be all dead/offline - and they are back to random speed traps.

[avira_tk]

This will be the law of the SC upholds it, the ban on public smoking is a result of a kerala high court judgement that was upheld at the SC hearing. These judgements become the law as it is implemented, hope it works out.

The simple work around is to offer tinted glass right out of the factory, instead we're getting luxury cars without any sun protection and translucent sunroof shades,along with terrible ACs Europeans make we have everything inappropriate for our situation.

[rakesh_r]

If the "lighter films" get legalised, i would happily get one for my Gurkha, this would really benefit my 8 month infant and my wife (she sits with my son at the back seat) owing to the large glass area at the back. We have planned a couple of long road trips (including Kerala) and this would really be beneficial for us.

PS: Few months back, the transport minister of Kerala, Shri Ganesh Kumar had voiced his opinion on having Sun films, especially emphasising on privacy and relief from heat to women and infants.

[BhayanaV]

Though sunfilms were being sold and applied thoughout India all along (you can actually go to 3-M website and apply for an automotive sunfilm franchise), i can bet this judgment will be overturned within a week.

[Bibendum90949]

Here's the copy of High court judgement.

[16000rpm]

Originally Posted by darklord

Read more at: https://www-manoramaonline-com.trans..._x_tr_pto=wapp

https://www.Youtube.com/watch?v=_nnHh8TauzU

I believe this is typical mainstream Malayalam media misconstruing facts for clicks. This has been something this specific media outlet has rinsed for clicks multiple times, even though they know it is factually incorrect.

I may be wrong, but I am fairly certain that the safety glazing that is being spoken of is about the safety glazing in safety glass/laminated glass and this is for manufacturers and not for us end product consumers. I do not think that this means that sunfilm is legal.

[hemant.kamat]

The title is misleading; it's still not legal to use sunfilm. However, safety glass manufacturers are allowed to glaze the glass panes provided that the glazing conforms to the required Visible Light Transmittance (VLT). Following are the excerpt from the judgement copy:

The Hon’ble Apex Court clarified that it is only the “Safety Glass” alone that can be used by the manufacturer of the vehicle with requisite VLT, without external aid of any kind of material, including film pasted on the safety glasses. Use of film on the glass would change the very concept and requirement of the “Safety Glass” in accordance with law. It was held that once the Supreme Court interprets a provision of law, the law so declared would be the law of the land and is binding on all. It is not open to the Court to change the provision and to adopt a different interpretation once the Supreme Court has interpreted a provision of law.

and

The Apex Court held that the Director Generals of Police / Commissioners of Police of the respective States / Union Territories have to ensure that the directions of the Supreme Court banning use of tinted films are complied with in letter and spirit. The Apex Court warned that any non-compliance would invite contempt of court.

[thomahawk]

I think this clears it?



But I wonder why this was not challenged? Manufacturer tinted glass always has the film inside the glass pane right?