Kochi, India – In a significant ruling, the Kerala High Court has upheld the legality of installing cooling film, also known as sun film, on motor vehicles. The court has clarified that authorities are not authorized to take legal action or impose fines against vehicle owners using such films under specific conditions.
The ruling came in response to a petition filed by a cooling film manufacturing company, a vehicle owner who faced a fine, and a company that was threatened with registration cancellation by the Motor Vehicle Department. The petitioners argued that the installation of cooling film does not violate any traffic rules.
The Court’s Decision
Justice N Nagaresh, presiding over the case, confirmed that there are no legal barriers to applying ‘safety glazing’ on vehicles. Safety glazing involves applying a plastic film to the inner surface of the safety glass. The court determined that high-quality cooling films fall within the permissible category of safety glazing.
The High Court invalidated the notice issued by the Motor Vehicle Department, including those against the vehicle owner. The court’s order emphasized that the definition of safety glazing encompasses the application of plastic film on the inner surface of safety glass.
Transparency Requirements
The ruling upheld the legality of using safety glazing as long as it adheres to the transparency requirements specified by the rules. The law mandates that the front and rear windows must have at least 70 percent transparency, while side windows must have no less than 50 percent transparency.
Vehicle Manufacturers and Owners
The High Court clarified that both vehicle manufacturers and owners are entitled to install safety glazing on their vehicles. This decision overturns the previous notion that only vehicle manufacturers were authorized to do so.
Amendment to Central Motor Vehicle Rules
The amendment to Section 100 of the Central Motor Vehicle Rules, effective April 2021, has paved the way for the use of safety glazing in place of safety glass on the front, rear, and sides of vehicles. The Bureau of Indian Standards’ 2019 norms have also sanctioned the use of plastic film as part of safety glazing.
Overturning Previous Rulings
The High Court’s ruling addresses concerns raised by the opposing party, who argued that the Supreme Court had previously banned the use of cooling films. However, the court noted that this earlier ruling predated the rule amendments that permitted safety glazing.
The Kochi High Court’s decision provides clarity on the legal status of cooling film installation on vehicles in India. The ruling affirms that vehicle owners can use safety glazing as long as it meets the specified transparency requirements. This decision is expected to have a significant impact on the market for cooling films and provide greater flexibility for vehicle owners.
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