Deadline for removing sun film on cars is 19th of May 2012 : As per the recent supreme court judgement over Alarming rise in heinous crimes like kidnapping, sexual assault on women and dacoity acts are committed using vehicles having black film. This follows a Supreme Court directive prohibiting their use across the country.
Heinous crimes like dacoity,rape,murder,kidnapping and even terrorist acts are committed using vehicles having black film The use of black film also leads to road accidents.It also prevents traffic police from communicating with the driver, says a release from the police commissioner.
The inspector general of police (IGP) western range has requested public to remove black films or tinted materials on the wind screens, both front and rear and also side glasses of their vehicles by May 31.
From June 1, not only the drivers / owners of vehicles will be penalized but also the vehicles will be liable for seizure for removal of black / tinted films, said IGP (WR) Pratap Reddy.
The police have appealed to all vehicle owners and drivers to remove black film or any other tinted material.A reasonable time of 15 days is granted to remove these.After this,cases will be booked against owners and drivers violating the order.Penalty will be imposed and vehicles will be liablefor seizure for removal of black film
Mirji said the time for removing black-tinted glasses from four-wheelers has run out and those who havent got them fixed will be booked Wednesday onwards.There will no extension in deadline.We will book offenders for the first two times and for the third,their licence will be recommended for suspension, he added
Extract from Suprement court Judgement:
1. Alarming rise in heinous crimes like kidnapping, sexual assault on women and dacoity have impinged upon the right to life and the right to live in a safe environment which are within the contours of Article 21 of the Constitution of India.One of the contributory factors to such increase is use of black films on windows/windshields of four-wheeled vehicles. The petitioner, as a public spirited person, has invoked the extraordinary jurisdiction of this Court under Article 32 of the Constitution in the present public interest litigation, praying for certain directions to stop this menace. According to the petitioner, this Court should issue a writ or direction requiring use of such safety glasses on the windows/windshields in vehicles having 100 per cent Visual Light Transmission
short ‘VLT’) only and, to that extent, the petitioner challenges the correctness of Rule 100 of the Motor Vehicles Rules, 1989 (for short “the Rules”). He also prays for prohibition on use of black films on the glasses of the vehicles, proper implementation of law in that behalf and finally, for taking stringent actions against the offenders, using vehicles with black filmed glasses. He also prays that a larger police force should be deputed to monitor such offences.
2.The use of black films upon the vehicles gives immunity to the violators in committing a crime and is used as a tool of criminality, considerably increasing criminal activities. At
times, heinous crimes like dacoity, rape, murder and even terrorist acts are committed in or with the aid of vehicles having black films pasted on the side windows and on the
screens of the vehicles. It is stated that because of nonobservance of the norms, regulations and guidelines relating to the specifications for the front and rear windscreens and
the side windows of the vehicles, the offenders can move undetected in such vehicles and commit crimes without hesitation.
3.The word ‘tinted’ means shade or hue as per the dictionary. The rear and front and side glasses of vehicles are provided with such shade or tint, and therefore, they are widely referred to as ‘tinted glasses’, which is different from ‘black films’. The glasses of the vehicles having a coating of black films cannot be termed as ‘tinted glasses’ because they
are not manufactured as such.
4. Besides aiding in commission of crimes, black films on the vehicles are also at times positively correlated with motor accidents on the roads. It is for the reason that the comparative visibility to that through normal/tinted glasses which are manufactured as such is much lesser and the persons driving at high speed, especially on highways, meet
with accidents because of use of black filmed glasses.
5. The use of black films also prevents the traffic police from seeing the activity in the car and communicating with the driver of the vehicle. The petitioner also cites that the number
of fatal accidents of vehicles having black films is much higher. The black filmed vehicles have lower visibility and therefore, the chances of accident are increased by 18 per cent to 38 per cent due to low visibility. He has also referred to the World Health Organization’s data, pertaining to deaths caused on roads, which, in India have crossed that of China, though the latter.
The competent officer of the traffic police or any other authorized person shall challan such vehicles for violating Rules 92 and 100 of the Rules with effect from the specified date and thereupon shall also remove the black films from the offending vehicles.
The manufacturer of the vehicle may manufacture the vehicles with tinted glasses which have Visual Light Transmission (VLT) of safety glasses windscreen (front and rear) as 70 per cent VLT and side glasses as 40 per cent VLT, respectively. No black film or any other material can be pasted on the windscreens and side glasses of a vehicle.
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