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Supreme Court Rules LMV Licence Holders Can Drive Transport Vehicles

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NEW DELHI, Nov 6:   The Supreme Court on Wednesday reaffirmed that individuals holding a Light Motor Vehicle (LMV) licence do not require an additional endorsement to drive transport vehicles within the LMV category. A five-judge Constitution Bench, led by Chief Justice of India D.Y. Chandrachud, stated that LMV licence holders can operate transport vehicles if their gross vehicle weight is under 7,500 kg.

CJI Chandrachud noted there is no data to suggest that LMV drivers operating transport vehicles significantly contribute to road accidents in India. The Bench clarified that specific licensing requirements in the Motor Vehicles Act, 1988, and its associated rules only apply to medium and heavy vehicles above 7,500 kg.

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The Constitution Bench, which included Justices Hrishikesh Roy, P.S. Narasimha, Pankaj Mithal, and Manoj Misra, reviewed the case after questions arose regarding the 2017 Mukund Dewangan ruling. That decision stated only medium and heavy vehicles need a separate transport licence, allowing LMV licence holders to operate LMVs commercially without further endorsement.

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The Dewangan decision had sparked disputes over insurance claims involving LMVs used as transport vehicles. In March 2022, Justice U.U. Lalit’s Bench questioned whether all provisions of the Motor Vehicles Act had been considered, leading to the current review by the Constitution Bench.

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Upholding the Dewangan judgment, the Supreme Court declined to label it “per incuriam” despite certain statutory provisions not being fully reviewed. During the hearing, CJI Chandrachud emphasized the “social impact of law,” noting that changes in licensing requirements could impact millions relying on LMV licences for commercial transport jobs. The Court urged the Union government to carefully assess the broader socioeconomic implications before any regulatory changes.

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