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SC allows LMV license holders to drive transport vehicles

In a landmark decision, the Supreme Court of India has ruled that drivers with light motor vehicle (LMV) licences are legally allowed to operate transport vehicles weighing up to 7,500 kg. This ruling, announced on November 6, addresses a long-standing debate concerning the rights of LMV licence holders, offering significant relief for drivers and impacting insurance claim practices.

News Arena Network - New Delhi - UPDATED: November 6, 2024, 02:53 PM - 2 min read

Relief for LMV drivers as SC clears transport vehicle rule.


In a landmark decision, the Supreme Court of India has ruled that drivers with light motor vehicle (LMV) licences are legally allowed to operate transport vehicles weighing up to 7,500 kg. This ruling, announced on November 6, addresses a long-standing debate concerning the rights of LMV licence holders, offering significant relief for drivers and impacting insurance claim practices.

 

The Supreme Court’s four-judge bench, which included Chief Justice DY Chandrachud and Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, issued the unanimous verdict.

 

Justice Hrishikesh Roy, writing on behalf of the bench, underscored that there is no evidence to suggest that LMV drivers contribute to a rise in road accidents, dispelling concerns that have previously been raised about the safety implications of LMV drivers handling transport vehicles.

 

This decision is a response to the livelihood needs of LMV drivers, who have long sought clarity on whether they could legally drive commercial transport vehicles under their current licensing.

 

Justice Roy emphasised that LMV drivers, who often spend a significant amount of time on the road, should not face career limitations based on what he termed “technical grounds.”

 

He pointed out that LMV licence holders have routinely been on the front lines of transportation and should be permitted to drive larger vehicles without additional certification, provided these vehicles fall within the specified weight range.

 

The ruling also impacts insurance companies, who have faced legal challenges regarding the handling of accident claims involving LMV drivers operating heavier transport vehicles.

 

Previously, insurers could dispute claims if the driver’s licence did not match the vehicle’s classification, leading to rejections of accident-related compensation.

 

This decision may restrict insurers’ ability to deny claims based on vehicle weight classifications when LMV drivers are involved, a pro-consumer stance that the court has upheld in similar cases.

 

The legal debate was rooted in a 2017 Supreme Court verdict in Mukund Dewangan versus Oriental Insurance Company Limited, which had earlier addressed the classification of LMV licence in relation to transport vehicles.

 

However, ambiguity lingered around the extent of LMV drivers’ rights, prompting insurance companies to voice concerns. Insurers have argued that, under the current law, only drivers with specialised licences should operate certain transport vehicles, particularly given the weight specifications. This case spurred extensive discussions on policy clarity and led to a referral of the matter to the larger bench in March 2022.

 

The Supreme Court’s judgement arrives amid ongoing consultations by the Indian government to revise the Motor Vehicles Act of 1988. Attorney General R. Venkataramani, representing the Central Government, informed the court that the amendment process is in its final stages, signalling potential future reforms in the classification and licensing of drivers for commercial vehicles.

 

In July of last year, the bench had begun reviewing a total of 76 petitions addressing this issue, led by a petition from Bajaj Allianz General Insurance Company Limited.

 

The volume of cases highlighted the widespread impact of this licensing issue on the insurance and transportation sectors, with both private and commercial drivers eager for a resolution.

 

With this ruling, the Supreme Court has provided much-needed clarity for LMV licence holders, allowing them to confidently drive transport vehicles up to the specified weight limit without fear of legal repercussions.

 

The verdict not only supports the rights of LMV drivers but also reflects the court’s acknowledgment of the practical realities of India’s transport sector. As Mahatma Gandhi once said, “the best way to find yourself is to lose yourself in the service of others.” This decision honours that spirit by valuing the service of those who keep the wheels of the nation moving.

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