Summary
Answering the reference in 2017, the Court held that an LMV licence authorizes driving a transport vehicle within the light-motor-vehicle weight class without a separate transport endorsement. The 1994 class consolidation and 2001 form amendment did not exclude that class. This headnote is confined to the reference answers; individual matters remained for merits hearing.
Issues
- Whether an LMV licence required an additional endorsement for a transport vehicle within that class.
- Whether the 1994 and 2001 changes altered that position.
Provisions considered
- Sections 2(21) and 10(2)(d)–(e), Motor Vehicles Act, 1988The definition retained transport vehicles within the prescribed LMV weight limit, while the substituted transport category consolidated the former medium/heavy categories. (¶¶ 5–8, 46)
Held
- Transport vehicles and omnibuses with gross vehicle weight not exceeding 7,500 kg fall within LMV; motor cars, tractors and road rollers use the statutory unladen-weight test. A licence for that class did not require a separate endorsement merely because the vehicle was used for transport. (¶ 46(i)–(ii))
- The 1994 replacement of medium/heavy licensing categories and the 2001 Form 4 amendment did not remove transport vehicles of the LMV class or change the procedure for their licences. (¶ 46(iii)–(iv))
- Licensing competence was distinguished from classification for vehicle taxation. A tractor-trailer’s transport use did not by itself negate the relevant LMV driving entitlement. (¶ 42–46)
Result
Reference answered; individual matters directed to the appropriate Bench for hearing on merits.