The Kerala High Court has said that it is permissible to install cooling film on motor vehicles as per the law. Justice N Nagaresh stated that the authorities have no right to take legal action or impose fines on this account.
According to the amendment of Section 100 of the Central Motor Vehicle Rules, which came into force from April 1, 2021, the use of ‘Safety Glazing’ has been permitted on the front, rear and sides of motor vehicles instead of safety glasses.
The High Court’s ruling was on a petition filed by a company that manufactures cooling film, a vehicle owner who was fined for pasting cooling films, and an organization that was given notice by the Motor Vehicle Department (MVD) that its registration would be canceled for trading in sun control film.
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 per cent transparency on the front and back, and 50 per cent on the sides. Referring to this amendment, the court clarified that the use of such films is legal.
Although the opposing party pointed out that the Supreme Court itself had prohibited the use of such films, the court held that the existing Supreme Court judgments were before the amendment of the Rules.
The court also rejected the argument that only the vehicle manufacturer is allowed to install safety glazing made up of glass and film and not the vehicle owner. The court said that the vehicle owner has the right to maintain the glazing which ensures transparency as per the Rules.
The court quashed the notice issued by MVD stating that the registration of the firm in Alappuzha would be canceled and the fine imposed on the vehicle owner for pasting the film.
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