“If Transport Vehicle Weight is Within 7,500 kg, LMV License Holder Can Drive, Separate Authorization Not Required”: Supreme Court

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Today, On 6th November, The Supreme Court ruled that individuals holding a Light Motor Vehicle (LMV) license are authorized to drive transport vehicles with an unladen weight of up to 7,500 kg. The Court affirmed that transport vehicles under this weight limit fall within the LMV classification, allowing LMV license holders to operate them without additional endorsements. This decision clarifies the legal framework for LMV licenses, particularly benefiting those who use these vehicles professionally.

New Delhi: The Supreme Court determined that individuals with a light motor vehicle (LMV) license are permitted to operate transport vehicles with an unladen weight of less than 7,500 kg without needing a specific endorsement.

The ruling specifies that as long as the vehicle’s gross weight is within the 7,500 kg limit, LMV-licensed drivers are allowed to drive these transport vehicles

Earlier, The Supreme Court clarified that an individual holding a Light Motor Vehicle (LMV) license is permitted to operate a “transport vehicle of light motor vehicle class” with an unladen weight not exceeding 7,500 kg.

A Bench comprising Chief Justice DY Chandrachud and Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra held that a transport vehicle weighing below 7,500 kg falls within the LMV category.

The Court stated,

“We hold that if the transport vehicle weight is within 7,500 kg, then an LMV license holder can also drive the same transport vehicle. A driver holding an LMV license for vehicles under a gross weight of 7,500 kg can drive transport vehicles. There is no clear distinction between LMV and transport vehicle,”

The central question before the Supreme Court was,

“Whether a person holding a driving licence for a ‘light motor vehicle’ (LMV) could, on the basis of that licence, drive a ‘transport vehicle of light motor vehicle class’ with an unladen weight not exceeding 7,500 kg?”

This query was referred to a Constitution Bench in March 2022 by a three-judge Bench, as discrepancies existed in the eligibility criteria for licenses across the two categories under various provisions of the Motor Vehicles Act.

The three-judge Bench had noted that the 2017 ruling in Mukund Dewangan v. Oriental Insurance Company Limited, which stated that transport vehicles under 7,500 kg qualify as LMVs, did not consider certain provisions within the 1988 Motor Vehicles Act.

The Constitution Bench reviewed 76 petitions on this issue, recognizing its implications for gig workers who rely on LMV licenses to operate transport vehicles.

Addressing the legal intricacies, Justice Roy noted that the prior judgment by Mukun Divanguan did not fully explore the provisions differentiating transport and non-transport vehicles. The statutory framework for motor vehicles, he argued, is more nuanced than merely distinguishing based on vehicle weight. He observed that Sections 31(2) and 31(3) of the Motor Vehicles Act outline these differences and must be carefully considered in any judgment.

He concluded,

“We have carefully examined the relevant and wide-ranging provisions in our analysis of this decision, arriving at a harmonious interpretation as explained,”

Justice Roy’s approach highlights a balanced interpretation of the law that considers both regulatory intent and the practical needs of drivers in India. This nuanced judgment captures the complexity of transport regulations while acknowledging the broader social and economic context affecting road safety and drivers’ livelihoods.






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