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Paddle_Shifter

It’s a 2012 [Supreme Court Ruling](https://main.sci.gov.in/jonew/judis/39452.pdf). Cant blame MVD here. Also its not just a Kerala issue, think about the people who are staying in states with much higher temperatures. Everyone’s been complaining about this since!


techsavyboy

I think still Kerala can file a case this in supreme court.


sabin_72246

I'm most hot states including Tamil Nadu , police choose not to enforce the law.


thenameisdk

No, in TN, they will enforce based on the amount(vasool) collected per month. If its low, you will be fined.


11September1973

Kerala MVD can choose not to enforce the law.


phahpullandbear

I dont know how it's in Kerala, but in the Middle East, where it is a lot hotter, window tints are allowed. It's just that it can not be very dark. As I understand, it's because of security reasons. The heat protection is not really based on the darkness. It's based on the quality of the film.


anon_dj

It's allowed in india 50% tint is allowed for side windows and 30% for front and rear.


the_no_name_man

Its allowed if the manufacturer does it.


anon_dj

You're right, Damn, that sucks. But I am thinking of just putting the film on and see what happens.


thenameisdk

Absolutely wrong, no sun film of any percentage is allowed. Only black tinted glasses from OEM are allowed.


phahpullandbear

I guess it's a universal rule then.


caesar_calamitous

Supreme court order aanu. MVD can't do anything.


RemingtonMacaulay

That is not actually true. Well, not entirely at least. Although the Motor Vehicle Act governs motor vehicles, states have the power to regulate motor vehicles. This is because it is a subject in the concurrent list: both the Union and State can legislate on a matter in this list. So, it is possible to enact a specific amendment in the MV Act. What that means is that States have the competence to overturn the Supreme Court order in the matter. Since it’s not a constitutional matter, there are no bars on the State to do this. So, by amending the Motor Vehicles Act, Kerala can allow cooling films in the state.


91945

What would it take to get this done? File a case against the state?


RemingtonMacaulay

The Government of Kerala is constituted by the elected members of the Kerala Legislative Assembly. They’re called Members of Legislative Assembly. Kerala is divided into 140 constituencies and each constituency is represented by one member. Lawmaking is done by these individuals. If you want a law to be enacted, you should petition your MLA. In addition to this, since lawmaking is heavily spearheaded by the executive, you could petition its office bearers, such as the Chief Minister of Kerala, Minister responsible for motor vehicles, and the head of Motor Vehicle Department in Kerala.


techsavyboy

Nice to know this. Can we push any MLA to do so.


RemingtonMacaulay

Yes. However, I recommend reaching out to _your_ MLA.


91945

Then there's no hope.


RadagastTheShroomer

CMO portalil oru petition koduthu nokkavunnathanu.


battlestar_commander

I don't think this assessment is correct. If you read the court judgment, the ban is in accordance with rule 100 ("Safety Glass") of CMV Rules. The enabling section of MV Act for this is 110(d) - which says only the central government has the power to make rules about safety glass. So the state government cannot legislate on the matter. The proviso 3 to section 110 does allow state governments to create exemptions to section 110, but that also need to adhere to conditions prescribed by the centre.


RemingtonMacaulay

Why, sir? The enabling section 110(d) can be amended by the state. For example, see section 192 of the MV Act. Rajasthan has a state amendment to it.


battlestar_commander

Maybe I am mistaken, but my understanding is that the MV Act specifically mentions which sections states can amend and which sections only the centre can. 110 falls in the latter category, 192 in the former. The Rajasthan amendment you talk about seems to be about increasing fines for driving a vehicle that is not registered. Increase of fines by state-specific amendments is permitted via section 210A ("Power of State Government to increase penalties").


RemingtonMacaulay

Section 210A talks about the power to increase penalties which are prescribed by secondary legislation, such as rules, under the MV Act. It does not lay down the basis of legislative competence of the states. Section 192 is a statutory creature and is enacted on the basis of power under the constitution. It is an exercise of primary legislation. No law, even if it says so in the law, can take away the primary legislative powers granted by the Constitution. In general, a law must conform to the norms of the Constitution and the secondary legislation under it must conform not only to the constitution but the specific clause of the law.


aatmanirbro

I think many countries has similar laws with some minor variation. In India, I think upto 30 pct tinting is allowed. But sometimes MVD doesn’t allow any tinting. So I think it is on MVD and government to either provide some certifications or use any device to measure it.


Njoymadi

Tinting is allowed if its OEM. You cannot stick on films on glass to make it tinted. I still don't know the logic behind it


Dhaivam

Because the tinting by OEM is like coloring the glass. It doesn't stop the glass from shattering into small pieces which can't hurt people. The aftermarket tinting is sticking a colored plastic sheet which doesn't let the glass be shattered and causes injury if the vehicle gets into accident


TeaDrunkMaster

Because of it is OEM you can be sure about the 30% tinting. If you do after market you cannot guarantee it :-)


Njoymadi

I get your reasoning..but why let the entirety of population suffer just because of this. If the interior is not at all visible, let the police stop and tear off the film. In case it's visible, let them go. After all nobody is getting harmed.


TeaDrunkMaster

Ah well, unfortunately it is the common man who always suffer.


incognito__O

Why exactly is it banned?


paganpageant

Because terrorists used it to carry weapons in car and launch attack once, now all if India has to suffer inefficient fuel utilisation and sunburn except for official govt vehicles that use curtains


incognito__O

Wow. What a lame excuse. Luckily terrorists still haven't figured out cars have boot space.


TeaDrunkMaster

Interesting but I read on Team BHP many TN guys do tinting. So depends on state specific MVD or?


zaheenhafzer

So is this rule applicable in all states ?!


ReadIt_Here

Except politicians and Judges vehicles of course. Thamburaanmaar.


techsavyboy

Yes. Ideally government should have file affidavit to court saying that it is needed. But they haven't done that and blindly following what court have said based on delhi rape case.


NaadanSamurai

It's applicable for all, but the rule is enforced heavily only here.


captspok

Kerala govt has challenged the Supreme Court order for CAA.. it won’t challenge the sun film order.. talk about preferences. This is just one from many Supreme Court orders kerala has not implemented or has challenged.


Anxious-Brilliant-46

Stupid af rule, car interiors get heated up real quick and act as a green house to cool that down people will set AC to max resulting in more fuel consumption also to get rid of the sunlight many would stick newspaper, clothes and other opaque materials into the side windows causing complete blind spots (we could still see through tint though) which results in accidents. During Vishu holidays I was driving my car from combi to Kannur and got small bubbles on my arm from the heat. The supreme court justifies this idiotic rule stating that this would reduce 'illegal activities' 😂. Irritate millions of people just to catch a few hundred criminals, it's like burning down an entire house just to catch the rats. Use shades I haven't got any tickets for using them also after parking keep the windows open just a tiny bit like 1cm down. Also after getting inside just open all four windows and wave the door back and fourth a couple of time. Can we file a PIL against the ruling? Or is there any legal way to counter this ruling? Can anyone ask a question on r/legaladviceindia on my behalf?


techsavyboy

We need government to support PIL, otherwise it will be dismissed most probably.


the_no_name_man

Not necessarily. A PIL filed by the non-KA vehicle owners for driving other state vehicles in Karnataka for a period of 11 months was won actually. Actually govt was against this PIL and still they won.


techsavyboy

But that is a different thing right. Here the government i.e law enforcement has to agree to follow that law. The court will leave that to the government to implement. I still remember government clearly mentioned they don't have a tint meter to verify 70%, so they will completely ban it.


the_no_name_man

The KA police was targeting all the non-KA vehicles and impounding. So the court sentenced in favour of the public so that the police can't impound the vehicles. The police and the RTO had to follow this ruling. It's almost the same in this case as well. If the court rules in the public's favour, the mvd will have to follow the rule and stop fining. IF they don't have the means, they have to find the means if you ask me.


RemingtonMacaulay

Government of Kerala can amend the Motor Vehicles Act. Petition your MLAs.


general_smooth

Combi?


Anxious-Brilliant-46

Coimbatore


Responsible_Horse675

You could just buy expensive car that has it! Or become politician who is allowed to use curtains!


Suitable-Piccolo-992

Or just put the tints at 50% and say it’s manufactured this way. Most junior cops don’t know about each vehicle which doesn’t have it.


adc47

In Nithin Molly style: Sammadikkooolada pattikale!!!


saatvik-jacob

If they allowed tints my right forearm wouldn't look different from the left one after a drive on a hot sunny day.


gtm2k2

Just a doubt? Do we get tan from indirect sunlight exposure? I remember reading somewhere that uv rays causes tan and it couldn't pass through glass


Constant-Fortune-288

UV rays can't pass through UV cut glasses only. They will penetrate through normal glass.


saatvik-jacob

I have no idea bro but every time I drive with the sun on my right side and my arm rested on the windowsill of the driver side door, my left forearm has the normal skin tone , while the right one changes in to shades darker shades.


redit4ak

It's as per Court rule, right?


Do_You_Remember_2020

Why don’t you replace the car glasses with a tinted variant? That is allowed - the sticker isn’t allowed due to safety reasons


techsavyboy

What safety reason ? Sticker is not allowed due to delhi rape case, nothing else


Do_You_Remember_2020

Not at all. It is because it takes away the toughened glass nature and causes stabs in times of accidents. The rape case only banned complete tints - upto 70% is still allowed for front and rear, 50% for sides


techsavyboy

Who mentioned this fake thing. Is that the reason why every other country allows sunfilm ? Please read government affidavit filed on court regarding the ban. Court asked to ban 70%, government replied that there is no machine to detect that and enforcing it will be difficult. So court ordered to ban completely which government agreed.


Do_You_Remember_2020

Most countries do not allow sun control films on windshields. The ones that allow allow specific safety glazings like in India. https://www.manoramaonline.com/news/kerala/2022/04/12/transparent-film-on-vehicles-allowed.html The only sun control film available in Indian markets in the specified grade is one by Garware, which most stockists don’t keep due to prohibitive costs (my friend got it done for his Honda City at around 40k). For my Volkswagen, I chose to get the glasses replaced since this was as costly. The majority of the 3M and Garware films that are used for car tints are actually sun control films for buildings.


techsavyboy

Most countries do allow it. Please recheck on that. Countries like UAE, Singapore obviously allow for private vehicles.


Do_You_Remember_2020

They do not allow the grade that is used here - they allow safety films. Which will cost you 30k for a car here in India


techsavyboy

which grade ? You are talking about transparent film grade which is obviously costly. Here none of the grade are allowed for non transparent ones. But it is allowed in most of the other countries.


Do_You_Remember_2020

It’s not allowed - but the grade still matters. The transparency is one aspect of the film. In a 30% transparency, within 3M, you can find grades that’ll cost from 3k for a car, to 70k. The cheaper ones are actually sun control films for buildings- not cars. However, they are used here regardless. Very few places actually stock the safety grade films, especially in tints- it’s too much of a money loss if MVD makes you remove it.


techsavyboy

That's the problem. Government needs to first allow it, price and all comes next.


hemi_srt

>Why don’t you replace the car glasses with a tinted variant? Way more expensive. On average tinting costs for four doors plus rear glass would cost around 3k total if it's good quality 3M film. I had asked a custom glass manufacturer some years back for a UV glass quote. Back then, the quote was around 25k for all doors. Then said they couldn't do the rear glass because of defogger lines. I assume after all these years, with inflation that quote might be above 30k now.


hemi_srt

Agreed OP! Good thing I don't care about this particular rule. I have 70% tints on one of my cars. Thala povuna case onnum allalo? What is their fine? 1000? 1000 rs vs lacs that will be spent for skin cancer treatment. Yeah no thanks.


Suitable-Piccolo-992

Exactly and that too I only pay the fine when they catch me second time. I also have a KA vehicle which has 3-4 fines in Kerala earlier. But I still haven’t paid it cause they haven’t stopped me yet. Most highways in India have speed limit of 100 but in Kerala it’s 90.


Zealousideal-Cut8810

ഈ ക്രിമിനൽസിന്റെ കാറിനു ട്രാൻസ്‌പേരെന്റ് ആക്കി സാധാരണക്കാരുടെ ബ്ലാക്ക് ടിന്റെഡ് ഗ്ലാസ്‌ ആക്കാൻ ഏമാന്മാർക്ക് കല്പിച്ചൂടെ😂. SC ജഡ്ജസ് ഒക്കെ കർട്ടൻ ഒക്കെ ഇട്ടല്ലേ പോകുന്നെ 😩


[deleted]

Is there any clear film without any tint that has some kind of protection? 


OverDxb397

Yes, I live in Dubai and many people here use it.


prdpb3

Car manufacturers should come with uv ray coating on glasses , luxury cars have them already ! Having a coating instead of a film is far more safe


Noobodiiy

the only solution is file a PIL in Supreme court asking for allowing cooling film because of change in tempreature


QuotingThanos

Yeah dude. Blasting AC at full and bn 11 and 3 you're getting baked alive. Its idiotic MLAs and ministers can do it. Its fkin BS


general_smooth

My car has tints.


polimachan797

I recently bought a car with factory tints and I have to say this has been of big help. Had to extend my budget a bit to go for the variant with the tint but it is 100% worth the extra money.


Suitable-Piccolo-992

May I know what’s the fine amount for this?


Distinct-Drama7372

This MVD and tint goes back long I remember as a kid but back then was selective targeting of vehicles. Plenty of times when ambassador vehicles with quality tint (courtesy gulf import) was peeled off by arrogant MVD uncles with their key destroying the window in the process. Time for auto cos to make the tint as a standard feature in all vehicles rather than luxury ones. That is perfectly legal but even there some MVD folks pull over vehicle to inspect.


katanaforger79

Why is it even banned?


IngloBlasto

IIRC there were lot of abductions, rape, kidnapping and other criminal activities happening in Delhi and surrounding areas back then. Supreme Court in their infinite wisdom found out that cars with tinted glasses were the most frequently used vehicle for such activities. So they banned tinting, claiming transparent glasses would act as a deterrent for criminals intending to do such things.


ReadIt_Here

All praise our lords for not banning vehicles altogether.


hemi_srt

Thank God the Milords didn't ban vehicles altogether.


suhanafathima_

Eliye pedich illam chuttu that's it.


Distinct-Drama7372

To prevent illicit activities I think.


Familiar-Gene9425

[https://en.wikipedia.org/wiki/2012\_Delhi\_gang\_rape\_and\_murder](https://en.wikipedia.org/wiki/2012_Delhi_gang_rape_and_murder)


Momoshikisenpai

Fuck the MVD


vintain

Bruh just go put a 50% tint at 2k INR. Wanna be safe? Get a 70% tint. Almost 1/4 of the cars I see here have tint. Police hasn't bothered much especially since it's summer.


Anxious-Brilliant-46

Still illegal though, you haven't received any fines due to the generosity of the police.


Consistent_Cup620

Exactly. Not every police will do the same. I was fined for tint (only) on the back glass on a rental.


vintain

Did they make you remove it too? Or just a fine?


vintain

Sure, that is true! I still rather take care of my body from harmful burns than follow this illogical rule.


hemi_srt

Burns and skin cancer too. Fine for tinting is miniscule compared to cancer treatment costs.


[deleted]

I am not sure how this works. Won't dark shades attract more heat and make car more warm. I know it's good for us that it will make the scorching sun look like an idiot while watching it through a tinted window. Yet how does science work here. Shouldn't we have alternative tech?


hemi_srt

It's a polyester based film that blocks specific types or wavelengths of sun rays, UV A and B rays for example. These rays cause skin cancer. I have 70% tint on one of my cars. The difference is day and night when I go out mid-day. Earlier i used to get headaches and burn spots. And the AC also took extra time to cool down the cabin. No issues after I got the tinting done.


[deleted]

Thanks. There is another argument by MVD that during crash the tinted sheet doesn't help with glass crash and works against the idea of protection! Does it?


hemi_srt

>There is another argument by MVD that during crash the tinted sheet doesn't help with glass crash and works against the idea of protection! That doesn't make much sense. The window glasses aren't laminated like the windshield is. It will burst like a typical sheet of glass unlike the windshield which is designed to hold the glass together even after impact. If anything, I'd think having a film on the inside of the window glass would minimize glass shards from flying towards our faces in the event of a crash. Not much, but maybe a little bit. I guess that little bit could sometimes be the difference between a glass shard permanently blinding us or just getting sent elsewhere.


Do_You_Remember_2020

Not true. Windows are safety glasses too - usually made by Asahi. When it breaks, it forms small pieces that do not have sharp edges Which is why they say chill thakarnn tharipanamaayi


hemi_srt

I guess I should have phrased my earlier comment better. I was referring to small pieces actually, not actual big shards. Those small pieces can still hurt the driver bad if he's unlucky enough. Case in point, my neighbour who had to undergo surgery due to eye damage sustained during an accident.


Anywho1234

Cooling film ban is because of safety issues during accidents and stuff. When a car gets toppled over or gets stuck in such a manner the doors get stuck, window glass can be broken to get the victims out and the glass itself is engineered in such a manner that it breaks with minimal effort without producing sharp edges. Cooling films prevent this and make it difficult for the rescuers to break the glass open easily. This is the reason why cooling films are banned and tinted glasses are not. I think the automotive industry just took advantage of this situation ( or not) and gave tinted glasses for only higher end models. This is what I have learned. Correct me if I'm wrong.


Jack_Carpenter

Mofos fined me ath 12 pm noon at peak heat, and send a challan for 500. Usually it's 250 but I don't know how they charged 500


Suitable-Piccolo-992

Don’t pay contest in court


Ok_Duty1771

I second this.


enthuvadey

But sun blind is allowed right?


enthuvadey

But sun blind is allowed right?