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Home News Public Interest Litigation

Supreme Court: Individuals with LMV licenses allowed to drive transport vehicles up to 7,500 kg.

admin by admin
November 6, 2024
in Public Interest Litigation, Civil Liberties, Legal Ethics
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Supreme Court: Individuals with LMV licenses allowed to drive transport vehicles up to 7,500 kg.
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The Supreme Court has clarified that individuals with a Light Motor Vehicle (LMV) driving license are legally permitted to drive transport vehicles as long as their unladen weight does not exceed 7,500 kg. This landmark decision was reached in the case *M/s Bajaj Alliance General Insurance Co Ltd v. Rambha Devi & Ors,* with a Bench led by Chief Justice DY Chandrachud and Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra.

The Court emphasized that transport vehicles under the weight limit of 7,500 kg are classified as LMVs, meaning there is no requirement for a separate transport vehicle license for this category. As the Court noted, “If a transport vehicle weighs within 7,500 kg, an LMV license holder is eligible to operate it. An LMV license permits the driving of transport vehicles within this weight range without additional licensing requirements.” Only those transport vehicles exceeding 7,500 kg require additional qualifications.

This judgment builds on the Supreme Court’s earlier 2017 decision in *Mukund Dewangan v Oriental Insurance Company Limited,* which similarly held that transport vehicles with gross weights under 7,500 kg are covered under the LMV classification. However, the case was referred to the Constitution Bench in 2022 due to certain discrepancies in the Motor Vehicles Act regarding the categorization and eligibility of LMV and transport vehicle licenses.

The question posed to the Bench was whether an LMV license enables one to drive transport vehicles below 7,500 kg, especially considering varying interpretations of the Act. The Bench reviewed 76 related petitions in arriving at its decision, which has substantial implications for gig economy workers and delivery drivers who often hold LMV licenses for their work. This ruling effectively ensures that those relying on LMV licenses for transport vehicle operations, such as smaller delivery vans, can continue to operate within legal bounds without needing a separate transport license.

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