Supreme Court Affirms LMV License Holders Right to Operate Transport Vehicles Check Details Here
Supreme Court Affirms LMV License Holders Right to Operate Transport Vehicles Check Details Here
On November 6, the Supreme Court of India (SC) ruled that drivers with a light motor vehicle (LMV) license are permitted to operate transport vehicles weighing up to 7,500 kg. The court stated that there is no substantial evidence showing that LMV license holders contribute to the increase in road accidents in the country. In the unanimous decision delivered by a four-judge constitutional bench, including Chief Justice DY Chandrachud, Justice Hrishikesh Roy emphasized that the matter affects the livelihoods of those holding LMV licenses.
Justice Roy remarked that there is no empirical evidence linking LMV license holders to the rise in road accidents. He noted that these drivers, who spend considerable time driving, are seeking clarification from the court, and their concerns should not be dismissed on technical grounds. The bench consisted of Chief Justice Chandrachud, Justice Roy, and Justices PS Narasimha, Pankaj Mithal, and Manoj Misra.
Impact of Ruling
The ruling comes as a significant relief for commercial vehicle drivers while presenting a challenge for insurance companies that have previously denied claims when accidents involved transport vehicles of a specific weight and when the drivers were not legally authorized to operate them.
This issue has been a longstanding point of contention, with insurance firms arguing that motor accident claim tribunals (MACTs) and courts have been ordering them to pay claims without considering their objections related to the LMV driving license. Insurance companies have claimed that the courts have been favoring the insured in insurance claim disputes.
Case Background
The legal question before the Supreme Court was whether a person holding a driving license for a light motor vehicle (LMV) is entitled to drive a transport vehicle with an unladen weight not exceeding 7,500 kg. The bench had reserved its verdict on August 21 after Attorney General R. Venkataramani, representing the Centre, indicated that consultations to amend the Motor Vehicles (MV) Act, 1988, were almost complete.
This issue was referred to a larger bench on March 8, 2022, by a three-judge bench led by Justice UU Lalit (who has since retired). The question emerged from the apex court’s 2017 ruling in the case of Mukund Dewangan versus Oriental Insurance Company Limited.
On July 18 last year, the Constitution bench began hearing a total of 76 petitions concerning the legal question at hand. The lead petition was submitted by M/s Bajaj Allianz General Insurance Company Limited. This hearing aimed to clarify the legal ambiguities surrounding the driving license requirements for operating transport vehicles, particularly in light of previous rulings and ongoing disputes between insurance companies and drivers.
Focus On Training, Distraction Free Driving
The Supreme Court bench emphasized that many road accidents are caused by factors like not wearing seat belts, using mobile phones, and driving under the influence. Operating a vehicle, particularly on uneven roads, requires concentrated attention and skill.
The court stated, “There are issues like not following seat belt regulations, mobile phone usage, and intoxication. Driving requires special skills, and managing road gradients demands focus and a distraction-free environment.”
Additionally, the court pointed out that this ruling would make insurance claims easier for LMV license holders driving vehicles under the 7,500 kg limit. They also called for changes in the licensing system to address current shortcomings.
The judgment mentioned, “A decision from this court will assist LMV holders in making insurance claims when driving vehicles that weigh within 7,500 kg. The licensing system cannot remain unchanged; we hope appropriate amendments will be made to fill the existing gaps, and the Attorney General has assured that this will happen.”
Road Safety Concerned Addressed
In its 126-page ruling, the bench highlighted that road safety is a worldwide issue, mentioning that India sees 170,000 deaths annually due to road accidents. The Supreme Court clarified that it is incorrect to believe that LMV drivers are the main contributors to these accidents.
The judgment stated, “We affirm that if the weight of the transport vehicle is within 7,500 kgs, then an LMV license holder is permitted to drive that transport vehicle.”
In a noteworthy comment, the bench referenced comedian George Carlin’s humorous observation about driving: “Have you ever noticed that anybody driving slower than you is an idiot, and anyone going faster than you is a maniac?”
This remark emphasized how public perceptions of road safety are often influenced by biases rather than factual data, highlighting the necessity for stringent licensing regulations.
