Updated January 17th, 2024 at 13:43 IST
Can an LMV License Holder Also Drive Transport Vehicles? What We Know
Observing that these are policy issues impacting "the livelihood of lakhs of people", SC said the government needs to take a "fresh look" on the matter
New Delhi: On Wednesday, the Centre told the Supreme Court that a government-appointed committee has submitted a draft report on whether a person holding a driving license for a light motor vehicle is also entitled to legally drive a transport vehicle carrying unladen weight not exceeding 7,500 kilograms. The move comes after examining a legal question.
A five-judge Constitution bench headed by Chief Justice DY Chandrachud granted time to the Centre till April 15 to resolve the issue and said if the matter remains unresolved, it will hear the pleas and pronounce a verdict.
"Actually, it is a part-heard matter. We have substantially heard it.... We will give you (the government) the time to resolve the matter. If it is not resolved, then we will hear the matter and lay down the law.
"Ultimately, if Parliament wants to intervene, then it can always do so...," the bench, also comprising Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra, said.
The bench granted time till mid-February for the finalisation of the report and asked the government to supply copies of it to the litigating parties.
It said the batch of pleas will now be kept for passing directions on April 16 and the hearing will commence from April 23.
"The attorney general says a draft report of the committee appointed by the government has been received. He would request time to examine it. The proceedings shall now be listed for directions on April 16 and it is understood that in the event, if the issue is not resolved on that day by the Union of India, the proceedings shall be listed for concluding the remaining part of the hearing on April 23, 2024," it said.
Earlier, the bench had directed the Centre to review by January 17 the legal question of whether a person holding a driving licence for a light motor vehicle is also entitled to legally drive a transport vehicle carrying unladen weight not exceeding 7,500 kilograms.
Observing that these are policy issues impacting "the livelihood of lakhs of people", the court had said the government needs to take a "fresh look" at the matter, which needs to be taken up at the policy level.
"Whether a person holding a driving licence in respect of a light motor vehicle (LMV) could, on the strength of that licence, be entitled to drive a transport vehicle of light motor vehicle class having unladen weight not exceeding 7,500 kg," reads the legal question being dealt with by the court.
The legal question has given rise to various disputes over the payment of claims by insurance companies in accident cases involving transport vehicles being driven by those holding licences to drive LMVs.
Published January 17th, 2024 at 13:43 IST