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Old 12th May 2012, 12:05   #1381
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Today on my way to office , there was heavy checking by cops .on my way i found this happening at 6 places and one of this was speed interceptor. They were peanlising only poor two wheelers . Many cars which has dark that passed infront of these cops were not stopped.May be they havn't started this yet in Tvm
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Old 12th May 2012, 12:10   #1382
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Quote:
Originally Posted by msdivy View Post
First time I actually heard that someone say this law actually stops crime. If somebody is planning crime, they will go to a secluded place or will avoid cars. What about nights, when its anyway dark inside?

On the contrary, clear glasses will give clear idea of who is inside the car and the stuff they are carrying. Somebody might be going to a wedding with the jewelry, kids might be in the backseat, office goers might be carrying laptops, tablets, which would have been discreet (with sun films) will now be clearly visible. It will help criminals plan better.

1. Obviously banning Sunfilms/tints aims to prevent crimes committed inside vehicles with dark glasses

The side effect would be an increase in mugging, teasing, robbery etc for those driving alone/female drivers etc due to easy identification of potential target/victims by criminals.

2. Just the fact that a group of high profile people are exempted from this rule and are allowed to have the Sunfilms/tints is pointing to the fact that there is a threat and Sun films can ensure better safety of occupants from prying eyes with criminal intention looking to identify easy targets in cars.

3. If there is a move to ban the Sunfilms, then the rule should be uniform with no exceptions to anyone. It is not justified to say that only VIPs have threats and not the common man. Even common man has threats and are more secure in cars with tints/films.

If absolutely necessary, Sun Films should be banned only in public vehicles (taxis etc with yellow board) not in private vehicles.
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Old 12th May 2012, 12:30   #1383
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Quote:
Originally Posted by for_cars1 View Post

2. Just the fact that a group of high profile people are exempted from this rule and are allowed to have the Sunfilms/tints is pointing to the fact that there is a threat and Sun films can ensure better safety of occupants from prying eyes with criminal intention looking to identify easy targets in cars.

3. If there is a move to ban the Sunfilms, then the rule should be uniform with no exceptions to anyone. It is not justified to say that only VIPs have threats and not the common man. Even common man has threats and are more secure in cars with tints/films.
I wonder how many cars with Mafia Glasses with a Party Flag (esp. of the current dispensation) will ever be checked or stopped. So get yourself a Macho SUV, put a party flag, and drive like a maniac. You will only pick up salutes.
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Old 12th May 2012, 12:38   #1384
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Gurgaon police was see in ACTion today.
The enforcing agency was seen to be opportunistic and biting more than what they could chew. They stopped more cars than they could handle and end result was traffic chaos near Jharsa Chowk, Rajiv Chowk and many exits on NH 8.

I have the sun control film that came with the certificate stating approval from RTO. Now, I wonder what to do, my commute takes me out in the mid day Sun. I hope someone higher in the thinking zone for enforcement and decision making think again. Else it's good bye effective cooling, say hi to rising fuel bills and suntan.
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Old 12th May 2012, 12:52   #1385
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Quote:
Originally Posted by aroop View Post
Update from Kolkata: there has been no action whatsoever. I have not seen any cop stopping anyone other than bikewalas without helmets and goods carriers. But I must add, that they have become quite strict with the standard rules like traffic signal and one way.
There has been no communication on sun film from the local media either. However my experience says that most of the vehicles have very light tint or none at all. Dark glasses are very rare.
And even in case of extremely dark films the cops have not acted which has created this whole ballyhoo in the first place . I have seen cars having films with almost zero visibility. I sincerely hope at least folks in Kolkata having such films, please do switch over to the CMVR approved 70/50 films to nip any such drive in the bud. That way Kolkata can hope to dodge this bullet.

There are both pros and cons of using films and statistically more crimes against women have been committed in the NCR region compared to other cities with criminals taking advantage of the extremely dark films on cars. Conversely darker films do provide privacy to women drivers and passengers alike from some of the would be criminals who stare and ogle at women all day long. Its a piquant situation and given it is NCR, the SC has been overzealous with this sun film business. No generalization intended and apologies upfront if someone takes umbrage .

Quote:
Originally Posted by srishiva View Post
Not to be argumentative, the petitioner mentioned crime stats not only from NCR but also from Kolkata (mentioned as state of Kolkata in one instance) and Chennai.

Not sure if others refused to entertain his request or he got something from public domain.
I am not even sure what statistics this petitioner quoted and most likely he cherry picked most numbers to make his case strong. If the media (local and national) is to be followed the incidents in NCR do come out on the higher side compared to Kolkata or Chennai. Moreover in a study these cities rank relatively safer for women. Quite importantly the petitioner deliberately chose to hide the CMVR guidelines from the SC I guess such that he can get this blanket ban passed. Our government departments obviously are lazy enough not to make any representation in front of the court besides this is an opportunity to contribute in fixing the runaway fiscal deficit which is above 4% now. So why not squeeze the mango man more.

Quote:
Originally Posted by srishiva View Post
I am trying to see how I can get a fluxmeter and measure the VLT on out of factory cars. There might be some surprises as far as front windscreen is concerned.
Weird thing is most of the manufacturers do not provide tints from the factory. And those who do fail to publish the exact specifications. I had checked on my car which is supposed to have a green tint but there is nothing specified on the glass or even in the manual.

Last edited by samarjitdhar : 12th May 2012 at 13:13. Reason: added multiquote
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Old 12th May 2012, 13:00   #1386
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Guys, Here is the SC Writ PEtition filed in the SC for used of tinted glass and colored film.
Attached Files
File Type: pdf SC_tintedglass.pdf (250.1 KB, 293 views)
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Old 12th May 2012, 13:00   #1387
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Quote:
Originally Posted by samarjitdhar View Post
There are both pros and cons of using films and statistically more crimes against women have been committed in the NCR region compared to other cities with criminals taking advantage of the extremely dark films on cars. Conversely darker films do provide privacy to women drivers and passengers alike from some of the would be criminals who stare and ogle at women all day long. Its a piquant situation and given it is NCR, the SC has been overzealous with this sun film business. No generalization intended and apologies upfront if someone takes umbrage .
Not to be argumentative, the petitioner mentioned crime stats not only from NCR but also from Kolkata (mentioned as state of Kolkata in one instance) and Chennai.

Not sure if others refused to entertain his request or he got something from public domain.

One more thing for law abiding citizens is that the film might be 70 or 50%, but the combination of the tinted glasses (most of cars) and the sun films would have been flouting the norms (including mine).

I am trying to see how I can get a fluxmeter and measure the VLT on out of factory cars. There might be some surprises as far as front windscreen is concerned.

I am not happy but will have to comply with this order

Last edited by srishiva : 12th May 2012 at 13:01.
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Old 12th May 2012, 13:28   #1388
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

UPDATE:- apparently now cars with tints cannot park there cars in basements of malls and cinemas as it banned by the government india. i was not allowed to park my car with tints in ambience mall, gurgaon. Has anyone else also suffered this problem anywhere else???
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Old 12th May 2012, 13:35   #1389
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Info: LeasePlan one of the leading lease companies in India is organizing a film removal session at my company (which needless to say uses its services). They have organized some vendors who will "safely" remove the sheets.

So if you have car from any of the leasing companies, please check if you can get them to do it.

There have been warnings in the past I remember on this film removal. But a nationwide company proactively offering to remove the films on its customer's cars is a first. Only underlines the seriousness of the order and its implementation.

Somehow I have the feeling a wait and watch might not work this time!
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Old 12th May 2012, 13:47   #1390
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How about after market glasses. I couldn't understand if those were illegal as well.
I know they are more expensive than film but would they be legal?
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Old 12th May 2012, 13:59   #1391
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

As seen from the DIY thread, some of you might have noticed that I have already removed the film from my car. However, I think there is a lot of misinterpretation / confusion against SC ruling floating around and thought it might be prudent to get all the related rules / rulings in one place.

Quote:
MV 100 (2)

The glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side windows are such and shall be maintained in such condition that the visual transmission of light is not less than 50%, and shall conform to Indian Standards.
1. This has been in existance since 1989 and is very clear that the VLT should be 70% minimum for front and rear and 50% for the side windows.

Quote:

SC Ruling

16. In face of the language of the Rule, we cannot grant the petitioner the relief prayed for, that there should be 100 per cent VLT. This Court cannot issue directions that vehicles should have glasses with 100 per cent VLT. Rule 100 of the Rules is a valid piece of legislation and is on the statute book. Once such provision exists, this Court cannot issue directions contrary to the provision of law. Thus, we decline to grant this prayer to the petitioner.

17. However, the prayer relating to issuance of directions prohibiting use of black films on the glasses of vehicles certainly has merit. On the plain reading of the Rule, it is clear that car must have safety glass having VLT at the time of manufacturing 70 per cent for windscreen and 50 per cent for side windows. It should be so maintained in that condition thereafter. In other words, the Rule not impliedly, but specifically, prohibits alteration of such VLT by any means subsequent to its manufacturing. How and what will be a “safety glass” has been explained in Explanation to Rule 100.

The Explanation while defining ‘laminated safety glass’ makes it clear that two or more pieces of glass held together by an intervening layers of plastic materials so that the glass is held together in the event of impact. The Rule and the explanation do not contemplate or give any leeway to the manufacturer or user of the vehicle to, in any manner, tamper with the VLT. The Rule and the IS only specify the VLT of the glass itself.

18. Two scenarios must be examined. First, if the glass so manufactured already has the VLT as specified, then the question of further reducing it by any means shall be in clear violation of Rule 100 as well as the prescribed IS. Secondly, the rule requires a manufacturer to manufacture the vehicles with safety glasses with prescribed VLT. It is the minimum percentage that has been specified. The manufacturer may manufacture vehicle with a higher VLT to the prescribed limit or even a vehicle with tinted glasses, if such glasses do not fall short of the minimum prescribed VLT in terms of Rule 100.

None can be permitted to create his own device to bring down the percentage of the VLT thereafter. Thus, on the plain reading of the Rule and the IS standards, use of black films of any density is impermissible. Another adverse aspect of use of black films is that even if they reflect tolerable VLT in the day time, still in the night it would clearly violate the prescribed VLT limits and would result in poor visibility, which again would be impermissible.
2. From this it is clear that the SC has merely upheld the rule that was already in existance.

3. It is also impossible to create a safety / laminated glass that has 100% VLT. This means that the glass that is equipped in the car has a VLT of a minimum of 70% for front and rear and 50% for the side windows. My own car - FIAT Palio has a VLT of 70% on all glasses.

4. Sun film manufacturers have been taking us for a ride all these days - by claiming that their film "is compliant with the Central Motor Vehicle Rule 1989. The film for the rear glass has a visual light transmission ( VLT) of 70% and the film for the side windows have a VLT of 50%." Their claim is true, if I remove the glasses from my car and replace with the film. What they have conveniently ignored telling us is that the film is complaint with CMV, provided the underlying glass has 100% VLT to start with.

5. We have been blissfully ignorant and have been breaking the law all these days.

6. I would request Mr. Goneka to file another PIL against the sunfilm manufacturers for misguiding the common man all these days and would pray that the SC rule that these manufacturers must reimburse all their customers, with a penalty for abetting this illegal act.

Rajan

Last edited by PatchyBoy : 12th May 2012 at 14:20.
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Old 12th May 2012, 14:14   #1392
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

I was wondering what if people start using curtains like the old Amby's did or have sun shades which few cars come factory fitted with , the whole purpose of this law of not having tints is defeated.

Since absolutely no tints are allowed, even a normal sun shade screen that they sell at signals is equivalant to a light tint.

So does this mean a clause is going to spring up that bans these as well and will only be applicable to Ministers and top officials cars?

Last edited by tharian : 12th May 2012 at 14:23. Reason: extra word removal
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Old 12th May 2012, 14:20   #1393
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

@Patchyboy, that's a very valid point which I never thought of either. The rules in CMV are not for sun films but for the windshields and windows. If sun film is applied to one, then the VLT of the 'glass+sunfilm' combo will be the product of VLT of glass and VLT of sunfilm ...
Now, it seems there is no logical background to ask for the review of SC ruling! Except that side windows glasses have VLT of 70%, one may still be able to put a film such that overall VLT=50%, but this is unlikely ?

Last edited by lancer_rit : 12th May 2012 at 14:21.
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Old 12th May 2012, 14:25   #1394
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Quote:
Originally Posted by rohanverdes1 View Post
Guys, Here is the SC Writ PEtition filed in the SC for used of tinted glass and colored film.
This is not the petition as filed by the petitioner, this is the judgement as given by the Court.
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Old 12th May 2012, 14:35   #1395
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Default Re: Car tints banned by HC! EDIT: Supreme Court bans all kinds of sunfilms in cars

Quote:
Originally Posted by PatchyBoy View Post
2. From this it is clear that the SC has merely upheld the rule that was already in existance.
How did you arrive at that? Where does the law say, you can't paste a film of any VLT? It says that the glass has to be maintained with a minimum VLT of 70%. The SC itself agrees that this rule can be interpreted differently from what they have done and they have taken this stand in interest of the public/ curbing crimes.

Quote:
Originally Posted by PatchyBoy View Post
3. It is also impossible to create a safety / laminated glass that has 100% VLT. This means that the glass that is equipped in the car has a VLT of a minimum of 70% for front and rear and 50% for the side windows. My own car - FIAT Palio has a VLT of 70% on all glasses.
No! Its not "glass that is equipped in the car has a VLT of a minimum of 70%" but it is "glass that is equipped in the car can have VLT of a minimum of 70%", see the difference?

If your Palio has 70% VLT, you should not have put a film!

Quote:
Originally Posted by PatchyBoy View Post
5. We have been blissfully ignorant and have been breaking the law all these days.
PatchyBoy, you are talking only for yourself here.

My car has about 10-12% OEM tint and have 70% VLT film on sides and nothing on front and back, how is that breaking the law?

Last edited by SLK : 12th May 2012 at 14:40.
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