Kerala High Court clears way for cooling films on vehicles, upholding transparency standards

Kochi: The Kerala High Court has ruled that the installation of cooling film, also known as sun film, on motor vehicles is permitted under specific conditions. Justice N Nagaresh clarified that authorities are not authorised to take legal action or impose fines concerning vehicles with such films. 

This ruling follows a petition filed by a company that manufactures cooling film, a vehicle owner who faced a fine for using the film, and a company which was told by the Motor Vehicle Department that its registration would be cancelled. 

The High Court's decision 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. Justice Nagaresh noted that cooling films, when of high quality, fall within the permissible category. The court's order invalidated the notice issued by the Motor Vehicle Department, including those against the vehicle owner. The definition of safety glazing encompasses the application of plastic film on the inner surface of safety glass.

The ruling also upheld the legality of using safety glazing if it adheres to the transparency requirements stipulated by the rules. Specifically, 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. The High Court clarified that both vehicle manufacturers and owners are entitled to install safety glazing on their vehicles.

According to the amendment to Section 100 of the Central Motor Vehicle Rules, effective April 2021, safety glazing can now be used in place of safety glass on the front, rear, and sides of vehicles. The Bureau of Indian Standards' 2019 norms have sanctioned this plastic film as part of safety glazing.

Despite arguments from the opposing party suggesting that the Supreme Court had previously banned the use of cooling films, the High Court noted that this ruling predated the rule amendments, which then only permitted safety glass. 

The court also dismissed the claim that only vehicle manufacturers are authorised to install safety glazing, affirming that vehicle owners also have the right to do so.