The Kerala High Court has ruled that the installation of cooling film, also referred to as sun film, on motor vehicles is legal under certain conditions. Justice N Nagaresh clarified that authorities are not authorised to penalise or impose fines on vehicles using these films, provided they meet specific transparency requirements.
Petition Against Fines for Cooling Film
This ruling came in response to a petition filed by a cooling film manufacturer, a vehicle owner who was fined for using the film, and a company that was warned by the Motor Vehicle Department of potential registration cancellation. The High Court ruled in favor of the petitioners, stating that there are no legal barriers to applying ‘safety glazing,’ which includes the use of plastic film on the inner surface of safety glass.
Legal Clarification on Safety Glazing
Justice Nagaresh explained that high-quality cooling films fall within the category of safety glazing, and the court invalidated the notices issued by the Motor Vehicle Department against the vehicle owner. The term ‘safety glazing’ refers to the process of applying a plastic film to the inner surface of safety glass, and this practice is now legally permitted if it complies with the transparency standards set by law.
Transparency Standards and Compliance
As per the legal requirements, the front and rear windows of vehicles must have at least 70 percent transparency, while side windows need to maintain no less than 50 percent transparency. The High Court affirmed that both vehicle manufacturers and individual owners are entitled to install safety glazing on their vehicles, provided these transparency rules are followed.
Amendments Supporting Safety Glazing
In April 2021, amendments to Section 100 of the Central Motor Vehicle Rules allowed safety glazing to be used instead of safety glass for the front, rear, and sides of vehicles. These amendments, along with the 2019 norms by the Bureau of Indian Standards, have approved plastic films as part of the safety glazing process.
Response to Previous Supreme Court Ruling
The High Court dismissed claims that the Supreme Court had previously banned cooling films. The court noted that the Supreme Court ruling was made before the amendments that now allow safety glazing, making cooling films legal as long as they adhere to the updated regulations.
Vehicle Owners’ Right to Install Safety Glazing
The court also rejected the argument that only vehicle manufacturers are authorised to install safety glazing. It confirmed that vehicle owners have the legal right to install cooling films or safety glazing on their vehicles as long as the materials meet regulatory standards.
This ruling sets a significant precedent, ensuring that both manufacturers and individual vehicle owners can legally install cooling films while maintaining compliance with transparency laws.
