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Legal News 22 August 2024

Can LMV Licence Holder entitled to drive a transport vehicle with an unladen weight not exceeding 7,500 kg? SC reserves verdict

On August 21 (Yesterday), the Supreme Court (SC) reserved its verdict on the issue whether a person holding a driving licence for a light motor vehicle (LMV) is also entitled to drive a transport vehicle with an unladen weight not exceeding 7,500 kg. The five-judge bench of the top court headed by Chief Justice of India DY Chandrachud and other judges including Justice PS Narasimha, Justice Manoj Misra, Justice Hrishikesh Roy, and Justice Pankaj Mithal reserved the verdict after hearing Attorney General R. Venkataramani who appeared for the Centre and others. During the proceedings, the AG apprised the bench that the consultations to amend the Motor Vehicle Act, 1988 (MV Act) were almost complete. 

While hearing the matter, the CJI said “All transport vehicles are not LMVs right? So if you are driving another transport vehicle other than the vehicle which falls under S.2(21), then you have to fulfill the additional requirements. But if a transport vehicle which you are driving is an LMV within the meaning of S. 2(21) then the conditions which you have to fulfill are those of an LMV for obtaining a license, not of a transport vehicle. There is a little bit of an ambiguity here.” After hearing the matter, the SC bench reserved the verdict on August 21, 2024.