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Kerala High Court allows the use of sunfilms

The court noted that safety glazing is permitted under an amendment to Rule 100 of the Central Motor Vehicles Rules.

The Kerala High Court has allowed the use of sunfilms. The court ruled that it is permissible to maintain windscreens or window glasses of vehicles with ‘safety glass’ or ‘safety glazing’, including ‘glazing faced with plastics’, provided they meet the prescribed standards.

The court noted that safety glazing is permitted under an amendment to Rule 100 of the Central Motor Vehicles Rules, effective from April 1, 2021. However, the safety glazing must conform to Indian Standards, which define the permissible VLT percentage.

‘Glazing’ has been defined in the Indian Standard IS 2553 (Part 2) (First Revision): 2019 and Global Technical Regulation, as a material providing at least 70% VLT on the windscreen and rear window and 50% VLT on the side windows.

The state argued that only those who install cooling films or glazing onto already manufactured safety glass should be penalized. However, the court rejected this argument, stating that it is impossible to determine if the film was applied by the manufacturer or owner. The court said that if a premium car is allowed to be fitted by the manufacturer with safety glass or glazing, it would be unlawful to penalize the owner of a lower-value car for using the same material.

Source: TOI
 
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