The Supreme Court asked whether a person holding a driving license for a light motor vehicle is legally entitled to drive a transport vehicle of a specific weight.
The Supreme Court of the country has given an instruction to the Central Government regarding the legal process of driving license. The Supreme Court on Wednesday directed the Central Government to review a legal question by January 17. The Supreme Court asked whether a person holding a driving license for a light motor vehicle is legally entitled to drive a transport vehicle of a specific weight. Instructions have been given to the Central Government regarding the legal provision of this question. A five-judge Constitution bench comprising Chief Justice DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mittal and Justice Manoj Mishra said the amendment exercise would require consultation with multiple stakeholders which would take time.
Hearing will be held next year
Apart from this, the bench said that we direct the Center to take this process forward with full speed. Since consultation with State Governments is envisaged, we direct all State Governments to adhere to the timelines prescribed by the Ministry of Road Transport and Highways.
The bench said that the proceedings will now be listed on January 17, 2024, by which date we expect that the consultations will be completed and a clear outline of the further steps to be taken by the Center should be placed before this court. Initially, Attorney General R Venkataramani presented a note on behalf of the Center and said that the Central Government is considering the situation holistically rather than making piecemeal amendments to resolve the issue. He requested the bench to adjourn the proceedings indefinitely.
Can those with LMV license drive heavy vehicles?
However, the top court refused to adjourn the proceedings and scheduled the matter for hearing on January 17. It was also clarified that the judgment in the Mukund Dewangan case will remain in effect during the pendency of the case. The apex court had earlier asked the Central government whether there is a need to change the law on the legal question of whether a person holding a driving license to drive a light motor vehicle is legally entitled to drive a transport vehicle of a particular weight. Noting that these are policy issues affecting the livelihood of millions of people, the bench had said that the government needs to take a “fresh look” at the matter, adding that it should be taken up at the policy level. need to go.
The top court had earlier sought the assistance of Attorney General R Venkataramani to deal with the legal question as to whether a person holding a driving license for a light motor vehicle is legally entitled to drive a transport vehicle of a particular weight. The Constitution bench had said that it would be necessary to know the position of the Ministry of Road Transport and Highways as it was argued that the 2017 judgment of the apex court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited had been accepted by the Center and they had to take into account the judgment. The rules were amended to align with. In the Mukund Dewangan case, a three-judge bench of the apex court had held that transport vehicles, whose gross weight does not exceed 7,500 kg, are not excluded from the definition of LMV (light motor vehicle).
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