How Kerala High Court cleared way for use of cooling films on car windscreens

A single-judge Bench of Justice N Nagaresh ruled in favour of the petitioners, quashing the challans against them, and saying that they were “illegal and unsustainable in law”. But his ruling has larger implications for owners of motor vehicles. Here is how.

The issue

The crux of the matter before the High Court was whether only the manufacturer can provide “safety glazing” on vehicles’ windscreens and window glasses, or whether owners can install their own “safety glazing” later on by installing a layer of plastic on the inner side of the window pane.

VLT refers to the percentage of visible light that passes through a glass. Higher the VLT, more the light that passes through. Conversely, lower the VLT, less the light that passes through, meaning lower visibility of what is inside. The percentage of VLT also decides the amount of heat protection and UV protection (ultraviolet rays are harmful for humans) a glass provides.

As per the Central Motor Vehicles Rules, 1989, the front and rear windshields of vehicles should have a VLT of at least 70 per cent, and the side windows at least 50 per cent. The Bureau of Indian Standards also sets the same stipulations.

However, following a 2012 verdict of the Supreme Court, sun films were effectively banned across the country. The court found that heavily tinted glasses on cars posed a safety risk, as those committing a crime inside a vehicle would not be visible from the outside. At the time, the court said that no material including films of any VLT standard can be pased on vehicles’ windscreens and window glasses.

What Kerala HC held, benefit to vehicle owners

The Kerala HC held that the apex court’s 2012 ruling dealt with the unamended Rule 100 of the Central Motor Vehicle Rules, 1989 which dealt with protocols to be followed by the vehicles’ manufacturers. Any further modification — such as the fixing of a sun film or safety glaze — by the owner was thus automatically banned, according to the Supreme Court’s verdict.

However, in April 2021, this rule was amended to put further onus on the owners to “maintain” VLT standards of their vehicles windscreens and window glasses. In effect, this opened up the possibility for vehicle owners to use cool films and safety glazing as long as their windscreens/window glasses meet requisite standards under the MVA and of the BIS.

The Kerala HC clarified the amended law. “No officer checking a motor vehicle can detect as to whether the layer of plastic (film) of the inner side of the glass pane of toughened or laminated glass is pasted either by the manufacturer or by the owner. Such penalisation [based on whether the sunscreen has been retroactively installed] therefore would be unsustainable,” the court said.

This comes as a major win for vehicle owners across the country, who are now free to paste sunscreens on their windscreen/window glass, and cannot be penalised for the same as long as they follow stipulated standards. Media reports say that there has been a surge in demand for sun films in Kerala following the High Court verdict.