Authorities turn a blind eye as government officials violate CMV Rules

Most official cars have either tinted glass or black film on glass

Mysuru: The authorities concerned have turned a blind-eye to the violation of the Motor Vehicles (MV) Act, 1988, by government officials.

Official cars of several officials of Karnataka State government, in Mysuru, and also other cities and towns, have either tinted glass or black film on the windows, violating Rule 100(2) of Central Motor Vehicles Rules (CMVRs), 1989, and also the order of the Supreme Court (SC), issued on April 27, 2012, and August 3, 2012.

According to the MV Act, car windows must have a minimum of 70 per cent visual light transmission (VLT) for the front and rear glasses and 50 per cent VLT for side glasses. Tinting that, to reduce visibility below these levels, is illegal and can result in a penalty of Rs 100 to Rs 300.

Besides, the SC, in the judgement of Avishek Goenka vs Union of India and Anr (another) laid down the guidelines, regarding the use of tinted glasses, where it held that the VLT of cars should not be less than 70 per cent for windscreens and not less than 50 per cent for side windows.

Rule 100(2) of CMVRs states: 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 per cent. 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 per cent, and shall conform to Indian Standards [IS: 2553 Part 21992].

The SC, vide its orders dated April 27, 2012, and August 3, 2012, in WP (C) No 265.2011 held affixation of solar films on safety glasses illegal, being a violation of CMVRs. In its order dated April 27, 2012, the Court passed that the manufacturer of the vehicle may manufacture the vehicle with tinted glasses which have 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 affixed on the wind screen or side glasses of the vehicle.

The Court ruled that there are no particular regulations that forbid the use of tinting for security purposes. “It is the obligation of the Police and Home Ministry to provide an exception. External Automotive window films may be used in circumstances where Z+ and Z level security categories have been given,” it stated.

A senior government official, on condition of anonymity, said, there is neither criteria nor definition for very important or very very important persons (VIP or VVIP). “It is at the discretion of the authorities concerned. No bureaucrat, in any mofussil town or city, would come under either VVIP or VIP category,” he said.

A senior Road Transport department official said, on condition of anonymity, only Defence vehicles and vehicles of those under Z+ and Z level security are exempt from the tinted glass rule. “Officials of both Regional Transport Office (RTO) and Police department can take action against the violation. They can impose a fine and ask the persons, in possession of the car, to remove either the black film or the tinted glass,” he said.

He said, some government departments hire private travels vehicles for their officials. If such private vehicles or any other private vehicle use tinted glass, and if there is no action, there is a risk of misuse,” he pointed out.

Deputy Commissioner (Traffic and Crime) of Police was not available for a comment.