Supreme Court Rules That LMV License Holders Are Not Required to Obtain Additional Authorization to Drive Transport Vehicles Under 7500 KG

Supreme Court Rules That LMV License Holders Are Not Required to Obtain Additional Authorization to Drive Transport Vehicles Under 7500 KG

New Delhi: On November 6, the Supreme Court ruled that individuals with a Light Motor Vehicle (LMV) driving license are permitted to operate transport vehicles weighing less than 7500 kg, without needing an additional endorsement. The Court clarified that drivers with an LMV license are allowed to drive such vehicles, as long as the vehicle's gross weight does not exceed 7500 kg. The five-judge Constitution Bench observed that no substantial evidence was presented to suggest that LMV license holders driving transport vehicles significantly contribute to road accidents.
The requirement for extra eligibility will only apply to transport vehicles exceeding 7500 kg. By interpreting the provisions of the Motor Vehicles Act, 1988 harmoniously, the Court upheld the judgment in *Mukund Dewangan v. Oriental Insurance Company Limited* (2017). The ruling also considered the livelihood concerns of transport vehicle drivers.
The five-judge bench, including CJI DY Chandrachud, Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, addressed a reference questioning the *Mukund Dewangan* decision. Justice Roy delivered the judgment on behalf of the bench.
Key Findings:
1. A driver with an LMV license can operate a transport vehicle under 7500 kg without additional authorization, in accordance with Section 10(2)(e) of the MV Act.
2. LMVs and transport vehicles are not entirely distinct for licensing purposes; they overlap. However, special eligibility requirements remain for certain vehicles, such as e-carts, e-rickshaws, and those carrying hazardous materials.
3. Section 3(1) of the MV Act, which addresses specific requirements for driving transport vehicles, does not override the LMV definition in Section 2(21).
4. Additional eligibility criteria under the MV Act and Rules apply only to those intending to operate transport vehicles exceeding 7500 kg, such as medium and heavy goods or passenger vehicles.
The Court also overturned the *National Insurance Co. Ltd. v. Annappa Irappa Nesaria* decision, which had previously suggested that an LMV license holder needed a separate endorsement to drive a transport vehicle after the 1994 amendment. This ruling prevents insurance companies from using technicalities to deny compensation claims involving insured vehicles under 7500 kg driven by individuals with an LMV license.

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