Bharat Express

No Extra Endorsement Needed For LMV License Holders Driving Transport Vehicles Under 7,500 Kg: Supreme Court

On Wednesday, the SC confirmed that LMV license holders do not need separate endorsements to drive transport vehicles within the same class.

Supreme Court

On Wednesday, the Supreme Court affirmed that holders of Light Motor Vehicle (LMV) licenses are not required to obtain separate endorsements to drive transport vehicles within the same class.

Chief Justice DY Chandrachud led the Court’s five-judge Constitution Bench, which clarified that individuals with LMV licenses can operate transport vehicles, provided the gross vehicle weight (GVW) does not exceed 7,500 kg.

The Bench addressed the concern that LMV license holders might lack adequate training to drive larger commercial vehicles and noted that no substantial data showed that such drivers significantly cause road accidents in India.

Chief Justice Chandrachud emphasized that the issue of road safety is not solely about interpreting legal provisions, but also involves considering the broader social impact of the law.

The decision revisited a previous ruling in the 2017 Mukund Dewangan case, where a three-judge Bench had established that only medium or heavy goods and passenger vehicles – those exceeding 7,500 kg in GVW – require a transport license.

This ruling had sparked confusion, especially regarding insurance claims and commercial vehicle operations by those with LMV licenses.

The Supreme Court’s latest verdict upholds the earlier judgment, reinforcing that a separate endorsement is unnecessary for driving LMVs such as cars, vans, and light trucks used for commercial purposes.

The ruling clarified that the additional requirements specified in the Motor Vehicles Act, 1988, apply exclusively to vehicles exceeding 7,500 kg.

The decision also took into account the significant social and economic consequences of the previous ruling.

Constitution Bench Warns Of Impact On Livelihoods Of Commercial Drivers

The Constitution Bench pointed out that the livelihoods of millions of individuals who operate commercial vehicles without separate endorsements could severely impacted if the law were to change.

The Court urged the Union government to reassess the issue in light of its far-reaching implications on drivers across the country.

The Centre had already issued amendments to the Motor Vehicles Rules following the 2017 decision, aligning them with the Supreme Court’s interpretation.

However, the dispute had resurfaced over the practical implications of the ruling, especially regarding insurance and liability issues in accidents involving commercial vehicles driven by LMV-licensed individuals.

Justice UU Lalit, in a separate 2022 ruling, observed that the court had not fully considered certain provisions of the Motor Vehicles Act in the 2017 case.

This led the larger bench to re-examine the matter, and it ultimately upheld the previous judgment, declining to call it ‘per incuriam’ despite acknowledging that it had not addressed some aspects of the law.

As the government reviews the impact of this ruling on the large workforce of commercial vehicle drivers, the Supreme Court has urged a careful consideration of the socio-economic ramifications, particularly for those whose livelihoods could be at risk due to the ruling.

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