SUN-FILMS / CAR WINDOW TINTS - KNOW THE LAW & YOUR RIGHTS

Current Legal Framework for Sun Control Films on Car Windows in India

India's regulations on sun control films are governed by Rule 100(2) of the Central Motor Vehicles Rules (CMVR), 1989, as reinforced by Supreme Court rulings. Here's a breakdown:

Permissible Visible Light Transmission (VLT)

Front and rear windshields: Minimum 70% VLT (70% of outside light must pass through).

Side windows: Minimum 50% VLT

High Court Ruling on Aftermarket Tints (2024)

The Kerala High Court's September 2024 judgment clarified the legality of aftermarket sun control films, provided they comply with specified standards. Key points:

Permissibility of Aftermarket Films

• Legal if compliant: Owners may install safety glazing (plastic films) on windows if they meet 70% VLT for windshields/rear windows and 50% VLT for side windows, as per amended Rule 100 of Central Motor Vehicles Rules (2021)

• No manufacturer monopoly: The court rejected arguments that only manufacturers can install such films, allowing owners to apply compliant films post-purchase

Key Clarifications

• Supreme Court’s 2012 ban context: The 2012 prohibition applied to pre-2021 rules, which did not account for owner-applied films. The 2021 amendment explicitly allows owner-maintained glazing if compliant

• No penalties for compliant films: Authorities cannot issue fines or cancel registrations if films adhere to IS 2553 (Part 2) standards (BIS-certified glazing with plastics)

• Precisely, no penalty can be imposed if the tints meet the visibility standards of 70% for front and rear and 50% for sides and owners can install aftermarket tints from anywhere as long as it meets the requirements mentioned above.

Applicability to other States across India

• The Kerala High Court’s ruling directly applies only within the jurisdiction of Kerala. High Court decisions are binding on authorities and lower courts within the respective state but do not have automatic legal force in other states.

• However, the judgment interprets central laws and rules (CMV Rules and BIS standards), which are applicable across India. The court clarified that the 2012 Supreme Court ban on sunfilms was based on the old, unamended rules, and that the 2021 amendment now allows sunfilms as long as the transparency standards are met.

• As the Kerala High Court’s interpretation is based on central legislation, its reasoning could be persuasive in other states. Vehicle owners or accessory dealers in other states could use this judgment to challenge penalties or restrictions, and other High Courts may consider the Kerala judgment as a reference when interpreting the same central rules

REFERENCES:

INDIAN EXPRESS:

https://indianexpress.com/article/explained/explained-law/how-kerala-high-court-cleared-way-for-use-of-sun-films-on-cars-9589640/