'No separate license needed,’ says SC: LMV drivers can now drive transport vehicles below 7,500 kg

In a landmark decision, the Supreme Court ruled on Wednesday that individuals holding a Light Motor Vehicle (LMV) license can legally operate transport vehicles weighing under 7,500 kg without needing a separate commercial driving license. This decision, passed by a five-judge Constitution bench led by Chief Justice D.Y. Chandrachud, settles a long-standing issue about licensing requirements for drivers of small transport vehicles. The ruling was in response to appeals from insurance companies challenging an earlier 2017 verdict allowing LMV license holders to drive certain categories of transport vehicles.

The bench, also comprising Justices Hrishikesh Roy, P.S. Narasimha, Pankaj Mithal, and Manoj Misra, upheld the court’s 2017 ruling, known as the Mukund Dewangan case. The court reiterated that LMV and transport vehicles under the 7,500 kg threshold do not require separate licenses under the Motor Vehicles Act (MV Act). However, stringent training standards for drivers of larger vehicles still apply, ensuring that only adequately trained individuals operate medium and heavy-duty transport vehicles.

The insurance companies argued that this decision could compromise road safety and burden them with increased liability. They highlighted that, without rigorous training, an LMV driver might be less equipped to handle vehicles such as buses or trucks. Despite these concerns, the court noted that there was no concrete data linking LMV drivers with higher accident rates on transport vehicles. In fact, the judges pointed out that road safety is a critical issue, and any substantial concerns should be based on empirical evidence.

Addressing the issue of livelihood, the Supreme Court noted that many drivers rely on their LMV licenses for employment. With this decision, LMV drivers, who form a significant part of the workforce, gain flexibility, allowing them to drive transport vehicles without losing job opportunities over licensing restrictions. The court also asked the central government to consider amending the MV Act to streamline licensing regulations.

Attorney General R. Venkataramani informed the court that proposed amendments to the MV Act are under review by the Ministry of Road Transport and Highways (MoRTH). The court expressed hope that these amendments would address broader concerns surrounding transport vehicle licenses and road safety. For now, the ruling remains, supporting LMV drivers’ eligibility to operate transport vehicles under 7,500 kg.

Insurance companies had also cited the possibility of untrained LMV license holders driving specialized vehicles, such as school buses, without necessary certifications. However, the court clarified that additional requirements apply to vehicles exceeding the 7,500 kg limit, where stringent training protocols and licensing exams must be met.