Driver holding LMV license can drive the transport vehicle of the class without any endorsement

Seized 4 Trucks carrying over 150 bags of cash and other valuables at ballard pr near Scindia House,Director General Of Income TAX in Mumbai on 2nd July.2013.These four truck have been seized by the investigating wing of income tax and National Investigation Agency from outside the suburban Mumbai Central Railway Station 03Pubjul2013

In an important judgment in the realm of Motor Vehicle Laws, the Supreme Court, in Mukund Dewangan vs. Oriental Insurance Company Limited, has held that there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect.

A bench comprising Justice Amitava Roy, Justice Arun Mishra and Justice Sanjay Kishan Kaul was answering reference made to it by a division bench, when it observed certain inconsistencies in some of the judgments.

Light motor vehicle as defined in section 2(21) of the Act would include a transport vehicle as per the weight prescribed in section 2(21) read with section 2(15) and 2(48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No.54/1994.

 The effect of amendment of Form 4 by insertion of transport vehicle is related only to the categories which were substituted in the year 1994 and the procedure to obtain driving licence for transport vehicle of class of light motor vehicle continues to be the same as it was and has not been changed and there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can drive transport vehicle of such class without any endorsement to that effect.

The bench observed:When a driver is authorized to drive a vehicle, he can drive it irrespective of the fact whether it is used for a private purpose or for purpose of hire or reward or for carrying the goods in the said vehicle. It is what is intended by the provision of the Act, and the Amendment Act 54/1994.
 

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