AIR 2017 SUPREME COURT 3668 ::2017 (5) ABR 546 ::AIR 2017 SC (Civil) 2531

Supreme Court Of India

Hon'ble Judge(s): Arun Mishra, Amitava Roy, Sanjay Kishan Kaul , JJJ

(A) Motor Vehicles Act (59 of 1988) , S.2(10), S.2(21), S.2(15), S.2(47), S.2(48), S.3, S.10— Central Motor Vehicles Rules (1989) , S.8, S.14, S.17, S.34— (as amended by Act 54 of 1994) - Light Motor Vehicle (LMV) - Includes transport vehicle as per weight prescribed in S. 2(21) r.w. 2(48) - Driver holding LMV Licence can drive all vehicles of class including transport vehicles - No separate endorsement required to drive such transport vehicles. AIR 2008 SC 614, AIR 2008 SC 2266, AIR 2009 SC 2151, Overruled.AIR 2008 SC 1418, Partly Overruled. Definition of 'light motor vehicle' has to be given full effect to and it has to be read with S. 10(2)(d) which makes it abundantly clear that 'light motor vehicle' is also a 'transport vehicle', gross vehicle weight or unladen weight does not exceed 7500 kgs. as specified in provision. Thus, a driver is issued a licence as per the class of vehicle i.e. light motor vehicle, transport vehicle or omnibus or another vehicle of other categories as per gross vehicle weight or unladen weight as specified in S. 2(21) of Act. Provision of section 3 of Act requires that a person in order to drive a 'transport vehicle' must have authorization. Once a licence is issued to drive light motor vehicle, it would also mean specific authorization to drive a transport vehicle or omnibus, gross vehicle weight or motor car, r....