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Kerala High Court Issues Clarification And Guidelines On What Kind of Sun Film Is Allowed: Details

Kerala High Court Issues Clarification And Guidelines On What Kind of Sun Film Is Allowed- Details

The High Court recently ruled that cooling films can be applied to vehicle windows and windscreens as long as they meet certain quality and transparency standards. The ruling is based on a petition filed by a company that manufactures cooling films, an owner who was fined for using these on his vehicle and another company which was told by the Motor Vehicle Department that their registration would be cancelled. Now, Justice N Nagaresh of the Kerala High Court has thrown more clarity into this by explaining the nature of sun films that can be used and the quality standards to be maintained while doing so…

Kerala High Court Issues Clarification And Guidelines On What Kind of Sun Film Is Allowed: Details

High Court’s Guidelines on Cooling Films

As per the new High Court ruling, cooling films can be applied to both the front and rear windscreens, as long as they satisfy 70 per cent transparency- meaning they let 70% of light in. The jargon for this is Visual Light Transmission Percentage (VLT Percentage). This will ensure optimal visibility for the driver.

For the side windows, the films must allow a minimum of 50 per cent light to pass through (50% VLT). Enforcement actions will be taken against the owner if the film obstructs visibility into the interior. All compliant sun films will also come with BSI and ISI certification seals and dedicated QR codes. Scanning these will allow the user to check and ensure its transparency percentage and quality.

Kerala High Court Issues Clarification And Guidelines On What Kind of Sun Film Is Allowed: Details

Legal Clarity from Kerala HC

Justice Nagaresh confirmed that cooling films meeting these transparency standards are permissible. He emphasized that authorities cannot take legal action or impose fines on vehicles using such films if they stick to the aforementioned guidelines. The court also ruled that there is no legal restriction on installing safety glazing, as long as it complies with the specified transparency criteria.

The Justice further explains that high-quality cooling films complying with transparency standards fall under the legal category of safety glazing. The ruling invalidates notices issued by the Motor Vehicle Department against vehicle owners, clarifying that safety glazing includes the application of plastic film meeting set transparency standards, on the inner surface of vehicle glasses.

Kerala High Court Issues Clarification And Guidelines On What Kind of Sun Film Is Allowed: Details

Transparency Standards for Cooling Films

The court has reiterated that the legal requirements for cooling films are 70 per cent transparency for front and rear windshields, and 50 per cent VLT for the side window glasses. Both vehicle manufacturers and owners have the right to install safety glazing on their vehicles as long as they meet these.

The ruling was facilitated by an amendment to Section 100 of the Central Motor Vehicle Rules, which took effect in April 2021, that allowed safety glazing to be used on glasses for the front, rear, and side windows of vehicles. The Bureau of Indian Standards (BIS), in its 2019 norms, further approved the use of plastic film as part of the safety glazing process. Unfortunately, it took long legal battles to get these amendments into actionable results.

Kerala Transport Commissioner’s Take On It

The recently appointed Kerala State Transport Commissioner, Ch. Nagaraju IPS has clarified that there is no need for a special order from the Transport Commissioner’s office to implement the Kerala High Court’s decision on cooling films.

He also mentioned that equipment to check the transparency and quality of these films is being acquired. “One hundred such devices have already been purchased and will be delivered to RTO offices across the state,” he said. In the future, various RTO officials will use these to check the transparencies of the applied films, during vehicle inspections.