Can LMV license holders drive light transport vehicles? SC judgment tomorrow

New Delhi, Nov 5 (IANS): The Supreme Court is set to deliver on Wednesday its verdict on the question of whether Light Motor Vehicle (LMV) licence holders require a separate endorsement to drive a transport vehicle of the LMV class.

As per the causelist published on the website of the apex court, a 5-judge Constitution Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud will pronounce its decision on November 6.

The Constitution Bench, also comprising Justices Hrishikesh Roy, P.S. Narasimha, Pankaj Mithal, and Manoj Misra, is seized of the reference where the correctness of the decision of a 3-judge bench in Mukund Dewangan judgment has been doubted.

The 2017 Mukund Dewangan judgment had held that the need for a transport licence would arise in the case of medium/heavy goods and passenger vehicles only, adding that no other vehicle will require any separate endorsement, even if they are used for commercial purposes.

In other words, a holder of an LMV license would not require any separate endorsement for commercial usage of light motor vehicles (LMV) like e-rickshaws, cars, vans, etc.

The Centre issued notifications and brought amendments to the Motor Vehicles Rules to bring them in conformity with the above judgment of the Supreme Court.

The 2017 judgment gave rise to various disputes over payment of claims by insurance companies in accident cases involving transport vehicles being driven by those having licences to drive LMVs and the matter was re-agitated at their instance.

In March last year, a bench headed by Justice U.U. Lalit (now retired) in March 2022 held that certain provisions of the Motor Vehicles Act were not noticed by the top court in its 2017 Mukund Dewangan decision and the issue needs to be re-visited by a five-judge Constitution Bench.

In the course of the oral hearing, CJI Chandrachud had remarked that the issue in question was not plainly "about interpreting law" but involved the "social impact of law" as well. The Constitution Bench had asked the Union government to consider the impact on lakhs of people across the country who are engaged in driving commercial vehicles on the basis of the judgement in the Dewangan case as they will be "completely put out of their livelihood". It had made repeated emphasis that the Union government should review the entirety of the position and then take an appropriate call.