LMV licence holder can drive transport vehicle with unladen weight of 7,500 kg: SC [Read Order]

NEW DELHI: The Supreme Court on Wednesday held that a person holding a driving licence for a light motor vehicle is also entitled legally to drive a transport vehicle having unladen weight not exceeding 7,500 kilograms.

A bench of Chief Justice of India D Y Chandrachud and Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal and Manoj Misra, interpreted the provisions of the Motor Vehicle Act and the rules to declare that if transport vehicle weight is within 7500 kgs then a LMV license holder can also drive the same transport vehicle, since no data has been shown to support a view otherwise.

The bench felt this judgment would help in making insurance claims by a LMV holder who is found driving a vehicle weighing within 7500 kgs.

It said licensing regime under the MV Act cannot remain static.

The court hoped a suitable amendments would be made in the law to address the lacunae as it existed, following an assurance by Attorney General R Venkatramani during the hearing.

Reading out excerpts of the judgment, Justice Roy said the road safety is a serious public issue globally and 1.7 lakh persons were killed in india due to road accidents.

However, to say that it is due to LMV drivers is unsubstantiated, the bench said.

The court flagged non compliance with seat belt rules, use of mobiles, being inebriated etc as reasons for accidents.

The court confirmed the judgment in Mukund Dewangan Vs Oriental Insurance Company Limited (2017), while interpreting the provisions of the Motor Vehicles Act, 1988.

The bench had earlier observed that road safety has to be balanced with the social purpose of the law and it cannot decide issues of social policy in a constitution bench, while asking Centre if a change in law is warranted on the legal question of whether a person holding light motor vehicle (LMV) driving licence is entitled to drive a transport vehicle of a particular weight.
 

 [Read Order]