9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (7) TMI 1461 - SC - Indian LawsMeaning to be given to the definition of light motor vehicle as defined in Section 2(21) of the MV Act - transport vehicles are excluded from it or not - 'transport vehicle' and 'omnibus' the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, unladen weight of which does not exceed 7500 kg. and holder of a licence to drive the class of light motor vehicle as provided in Section 10(2)(d) or not - effect of the amendment made by virtue of Act No. 54 of 1994 w.e.f. 14.11.1994 - effect of Amendment of Form 4 as to the operation of the provisions contained in Section 10 as amended in the year 1994 - procedure to obtain the driving licence for transport vehicle of the class of Light Motor Vehicle has been changed. HELD THAT - The questions are answered as below (i) '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. (ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 kg. would be a light motor vehicle and also motor car or tractor or a road roller, 'unladen weight' of which does not exceed 7500 kg. and holder of a driving licence to drive class of light motor vehicle as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg. or a motor car or tractor or road-roller, the unladen weight of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued Under Section 10(2)(d) continues to be valid after Amendment Act 54/1994 and 28.3.2001 in the form. (iii) The effect of the amendment made by virtue of Act No. 54/1994 w.e.f. 14.11.1994 while substituting Clauses (e) to (h) of Section 10(2) which contained medium goods vehicle in Section 10(2)(e), medium passenger motor vehicle in Section 10(2)(f), heavy goods vehicle in Section 10(2)(g) and heavy passenger motor vehicle in Section 10(2)(h) with expression 'transport vehicle' as substituted in Section 10(2)(e) related only to the aforesaid substituted classes only. It does not exclude transport vehicle, from the purview of Section 10(2)(d) and Section 2(41) of the Act i.e. light motor vehicle. (iv) 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. Let matters be placed for hearing on merits before the appropriate Bench.
Issues Involved:
1. Definition and scope of "light motor vehicle" under Section 2(21) of the Motor Vehicles Act. 2. Requirement of endorsement for driving transport vehicles under Section 10(2) of the Motor Vehicles Act. 3. Impact of the 1994 amendment to the Motor Vehicles Act on the classification of vehicles and driving licenses. 4. Interpretation of relevant forms and rules under the Motor Vehicles Act. Issue-Wise Detailed Analysis: 1. Definition and Scope of "Light Motor Vehicle" (LMV): The primary issue was to determine the meaning of "light motor vehicle" as defined in Section 2(21) of the Motor Vehicles Act and whether transport vehicles are excluded from it. The Court concluded that "light motor vehicle" includes transport vehicles whose gross vehicle weight does not exceed 7500 kg. This interpretation aligns with the definitions provided in Sections 2(15) and 2(48) of the Act, which define "gross vehicle weight" and "unladen weight," respectively. The Court emphasized that the definition of LMV should be given full effect and read with Section 10(2)(d), making it clear that a driver holding a license for LMV is competent to drive a transport vehicle of the same class without requiring a specific endorsement. 2. Requirement of Endorsement for Driving Transport Vehicles: The Court examined whether a driver with a license to drive an LMV needs an additional endorsement to drive a transport vehicle. It was held that no separate endorsement is required for driving a transport vehicle if it falls under the LMV category. The insertion of "transport vehicle" in Section 10(2)(e) does not obliterate the already defined category of transport vehicles within the LMV class. The Court clarified that the legislative intent was to simplify the licensing process, and the amendment aimed to avoid the need for multiple licenses for different categories of vehicles within the same class. 3. Impact of the 1994 Amendment: The 1994 amendment substituted the categories of "medium goods vehicle," "medium passenger motor vehicle," "heavy goods vehicle," and "heavy passenger motor vehicle" with "transport vehicle" in Section 10(2)(e). The Court determined that this substitution was intended to simplify the licensing process for these categories and did not affect the inclusion of transport vehicles within the LMV class as defined in Section 2(21). The amendment did not exclude transport vehicles of the LMV class from the purview of Section 10(2)(d). 4. Interpretation of Relevant Forms and Rules: The Court analyzed Forms 4, 6, and 8, which are used for applying for and issuing driving licenses. It was noted that these forms categorize vehicles based on their class, and the inclusion of "transport vehicle" in these forms does not exclude LMVs. The forms must be interpreted harmoniously with the Act, and the substantive provisions of the Act cannot be controlled by the forms. The Court also referred to the syllabus for driving instructions, which includes transport vehicles within the LMV class, further supporting the interpretation that no separate endorsement is required for driving transport vehicles of the LMV class. Conclusion: The Supreme Court concluded that: 1. "Light motor vehicle" includes transport vehicles with a gross vehicle weight not exceeding 7500 kg. 2. No separate endorsement is required to drive a transport vehicle of the LMV class. 3. The 1994 amendment did not exclude transport vehicles from the LMV category. 4. The forms and rules under the Motor Vehicles Act support the interpretation that a license to drive an LMV includes the authority to drive transport vehicles of the same class. The matters were then placed for hearing on merits before the appropriate Bench.
|
