SC Allows Light Motor Vehicle Driving Licence Holders to Drive Transport Vehicles up to 7,500 kg Weight
New Delhi: The Supreme Court on Wednesday allowed individuals holding a Light Motor Vehicle (LMV) driving licence to drive transport vehicles with a weight not exceeding 7,500 kg.
A five-judge Constitution bench, led by Chief Justice D Y Chandrachud, clarified the licensing regulations. This court order will prevent insurance companies from rejecting claims based on the licence type of drivers involved in accidents.
“A driver holding a licence for light motor vehicle… for vehicles with gross vehicle weight under 7,500 kg is permitted to operate a transport vehicle without needing additional authorisation… of the Motor Vehicle Act.“LMVs and the transport vehicles are not entirely separate classes, and overlap exists between the two,” the bench held.
Pronouncing the unanimous verdict for the bench, Justice Hrishikesh Roy, however, said the special eligibility requirement will continue to apply to vehicles carrying hazardous goods.
“An authoritative pronouncement by this court would prevent insurance company from taking a technical plea to defeat a legitimate claim for compensation involving an insured vehicle going below 7,500 kg, driven by a person holding a driving licence for LMVs in an era where autonomous or driverless vehicles are no longer tales of science fiction and app-based passenger platforms are a modern reality, the licensing regime cannot remain static,” it said.The bench said this will also effectively address the livelihood issues for drivers operating transport vehicles who clock maximum hours behind the wheels in legally operating transport vehicles below 7,500 kg with their LMV driving licence.
The bench upheld the 2017 judgement of the apex court in the Mukund Dewangan case which had held that the LMV license holders can drive transport vehicles weighing upto 7,500 kg.
