Can A Holder Of LMV License Drive A 'Transport Vehicle' Of Unladen Weight Less Than 7500 Kgs? Supreme Court Reserves Judgement

The Supreme Court today (August 21) reserved its judgement on the issue of whether a person holding a driving license in respect of a “light motor vehicle” (LMV), could on the strength of that license, be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kg.The 5 Judge Constitution Bench led by CJI DY Chandrachud comprising Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra was hearing the reference issue. At the outset, Attorney General for India R Venkataramani informed the bench that the deliberations on the possible policy changes relating to relevant amendments in the Motor Vehicles Act 1988 (MVA) were almost complete with State Governments on the present issue. It may be noted that previously, the Court urged the AG to consider bringing appropriate legislative amendments to strike a balance between the livelihood issue and road safety concerns.The Court today proceeded to hear the remaining aspects of the part-heard matter. During the hearing, the CJI pointed out that the Act of 1988 specifies additional requirements to be fulfilled by a driver driving a transport vehicle as defined under S. 2(47). However, if an LMV is being used as a transport vehicle then conditions stipulated for LMV licensing would only apply. This created ambiguity as to the interpretation of the conditions based on the weight of vehicles and the purpose of use. "All transport vehicles are not LMVs right? So if you are driving another transport vehicle other than the vehicle which falls under S.2(21), then you have to fulfill the additional requirements. But if a transport vehicle which you are driving is an LMV within the meaning of S. 2(21) then the conditions which you have to fulfill are those of an LMV for obtaining a license, not of a transport vehicle. There is a little bit of an ambiguity here," CJI said.S. 2(21) defines LMV to mean a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 7500 kilograms. A Transport Vehicle is defined under S. 2(47) as a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. It may be noted that Chapter 5 titled 'Control of Transport Vehicles' of the MVA 1988 details upon additional permits and conditions for driving a transport vehicle.Referring to S. 10(dealing with license) of the MVA 1988, the CJI analyzed that the distinct reference of LMV and Transport Vehicle was probably done with the intention to categorize transport vehicles into two types (1) those transport vehicles below 7500 Kgs which will be considered as LMV and (2) those vehicles weighing beyond 7500 Kgs which will be considered as 'Transport Vehicles'."Therefore, when we see S.10, it includes LMV and it includes transport vehicle...if transport vehicles are substituted with LMVs, why did that provision mention both separately? The transport vehicle which is within the weight of 7500 Kgs is an LMV. So, the reason why they have mentioned transport vehicle here in S.10, is that these entries cover those which are not LMVs" S. 10 of the MVA 1988 provides the 'Form and Contents of Licenses to Drive'. Subclause 2 provides that any driving or learner's license shall expressly entitle the holder of the license to drive a motor vehicle belonging to one or more of the following types of vehicles - (a) motorcycle without gear; (b) motorcycle with gear; (c) invalid carriage; (d) light motor vehicle; (e) transport vehicle; (i) road-roller; (j) motor vehicle of a specified descriptionThe CJI then pointed to the possibility that if one is driving a transport vehicle which is an LMV, then s/he doesn't have to fulfill the other conditions for a transport vehicle. The Counsel appearing for one of the intervenors agreeing to the same explained any LMV which is used for the purpose of transportation commercially would therefore be understood as a transport vehicle. He illustrated this by giving the example of bikes used by Ola and Uber driving applications for transporting goods or persons. Therefore in such case, the driver should not be required to fulfill other requirements of heavy motor vehicles used for transportation. Picking from here, the CJI asked if the intention of the legislation was that the enhanced requirements for driving a transport vehicle are only meant for those vehicles where the laden weight is more than 7500 Kgs.The Counsel pointed that through the 1994 amendment to the Motor Vehicles Act, the addition of the term 'transport vehicle' under s.10 was to include both heavy weight and medium weight vehicles. Justice Roy weighed in to ask if the degree of skill required for driving an LMV depends on the nature of the passengers being driven"You acquire a license to certify that you are capable of driving a particular transport vehicle. Now if the vehicle that you...

Can A Holder Of LMV License Drive A 'Transport Vehicle' Of Unladen Weight Less Than 7500 Kgs? Supreme Court Reserves Judgement

Anmol Kaur Bawa

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