LMV License holder can Operate Transport Vehicle? SC Asks Center

The Supreme Court on Wednesday asked the Central Government if a change in the law is needed regarding whether an individual holding a driving license for a light motor vehicle can legally operate a transport vehicle of a specific weight.

A constitution bench comprising Chief Justice D Y Chandrachud, along with Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal and Manoj Misra emphasized that these are policy matters affecting the livelihoods of many people and urged the government to reevaluate the issue at the policy level.

The court further asked the Union government to complete this review within two months and inform the court of its decision. It stressed that any interpretation of the law must consider concerns related to road safety and the safety of other public transport users.

The Apex Court had previously sought the assistance of Attorney General R Venkataramani to address the legal question of whether a person with a driving license for a light motor vehicle can legally operate a transport vehicle of a specific weight. The constitution bench mentioned the importance of understanding the Ministry of Road Transport and Highways’ position, particularly after it was argued that the apex court’s 2017 judgment in the case of Mukund Dewangan Vs Oriental Insurance Company Limited was accepted by the Centre, and rules were amended to align with the judgment.

In the Mukund Dewangan case, a three-judge bench of the Supreme Court had determined that transport vehicles with a gross weight not exceeding 7,500 kg were not excluded from the definition of LMV (light motor vehicle). The constitution bench is addressing the question: “Whether a person holding a driving licence in respect of ‘light motor vehicle’ could on the strength of that licence, be entitled to drive a ‘transport vehicle of light motor vehicle class’ having unladen weight not exceeding 7,500 kg.”

The matter was referred to the larger bench on March 8, 2022, and has raised various disputes related to insurance claims in accidents involving transport vehicles driven by individuals with LMV licenses.