India: LMV Driving License Holder Can Drive Transport Vehicle of Upto 7500 Kg Weight

New Delhi:  A Bench of the Supreme Court of India on Wednesday noted that a person having a driving license valid for a Light Motor Vehicle can also drive a transport vehicle having an unladen weight of up to 7500 kgs.

 The five-member bench of the Supreme Court of India comprising Chief Justice DY Chandrachud along with Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra made this judgement while hearing the case of Mukund Dewangan v. Oriental Insurance Company Limited (2017) 14 SCC 663. The Court also approached the issue from the perspective of livelihood issues of transport vehicle drivers and adopted a lenient interpretation of multiple provisions of the Motor Vehicles Act of 1988. 

The judgement mentioned that if the gross weight of the vehicle is under 7500 kgs, a driver with a valid LMV license can also drive such a transport vehicle. The 5-judge Constitution Bench noted that no empirical data has been brought before it to show that LMV license holders driving transport vehicles are a significant cause of road accidents. It was noted that the additional eligibility requirement to drive transport vehicles will apply to only those transport vehicles which weigh more than 7500 kgs.

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