Review by Jan 17 Policy allowing LMV licensees to drive transport vehicles up to 7,500 kg: Supreme Court

The Supreme Court on Wednesday set January 17 as the deadline for the Central government to review the policy that allows a person holding a driving licence for light motor vehicles (LMV) to drive a transport vehicle upto 7,500 kg in weight..Attorney General for India R Venkataramani informed the Court that the Central government is considering a comprehensive approach rather than piecemeal amendments to address the issue. He added that all relevant consultations would be wrapped up before the budget session of parliament in February..A Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra, however, expressed reluctance to adjourn the proceedings sine die (indefinitely), citing concerns about fairness to insurance companies.The Court listed the case for further consideration on January 17, 2024, stating that unless a decision on the law is reached, the judgment in Mukund Dewangan's case on the issue would prevail. In the Mukund Dewangan case, a three-judge bench of the top court had held that transport vehicles, the gross weight of which do not exceed 7,500 kg, are not excluded from the definition of LMV."We are not inclined to adjourn the proceedings sine die as it would not be fair to the insurance companies also and we are insisting that unless we decide the law Mukul Devangan shall hold the field. On January 17 we have listed the arbitration case and we will list this case also on January 17 and we expect that a conclusion is arrived till then. Else it would be pending sine die and then March, April, etc," the Court said..The Court was hearing a case in which the question of law is:"Whether a person holding a driving licence in respect of “light motor vehicle”, could on the strength of that licence, be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kg?"The question was referred to a Constitution Bench as there were some variances in terms of the eligibility to get a license under the two categories, as per different provisions of the Motor Vehicles Act. The Constitution Bench is hearing 76 petitions in the matter.The Court was informed in July this year that the views of the Union Ministry of Road Transport and Highways would have to be heard since the Supreme Court judgment of 2017 in the case of Mukund Dewangan was accepted by the Central government..On September 13, the Xourt granted the Central government a two-month period to respond. Today, following AG Venkataramani's request for an indefinite adjournment on the ground of pending consultations with stakeholders, the Court appreciated the efforts to involve all parties but directed the Central government to complete the necessary exercises before January 17..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.