Whether Drivers having LMV licence is required to obtain prior endorsement to drive transport vehicles? SC refers the Question to Larger Bench

A two Judge Bench of Supreme Court on thursday has referred the matters to be decided by a larger bench to resolve the issue whether drivers having licence to drive light motor vehicles is required to obtain a prior endorsement to drive the transport vehicle even when the transport vehicle is of class of light motor vehicle.The Court formulated the following questions for the consideration. A two Judge Bench of Supreme Court on thursday has referred the matters to be decided by a larger bench to resolve the issue whether drivers having licence to drive light motor vehicles is required to obtain a prior endorsement to drive the transport vehicle even when the transport vehicle is of class of light motor vehicle. as per gross vehicle weight or unladen weight, as the case may be, as evident from a bare reading of the aforesaid classification given in section 10 of the Act read with definition of light motor vehicle as defined in section 2 of the Act.Pursuant to certain difficulties faced by transport operators and members of public an Amendment Act No.54 of 1994 was inserted substituting clauses to of section 10 which contained “medium goods vehicle”, “medium passenger motor vehicle”, “heavy goods vehicle” and “heavy passenger motor vehicle” by “transport vehicle for simplification of procedures and policy liberalization, as it became necessary due to introduction of newer type of vehicles and faced increasing numbers of both personal and commercial vehicles in the country. In New India Assurance Co. Ltd. v. Prabhu Lal it was observed that prior to amendment in 2001 also it was necessary for a driver possessing licence to drive Light Motor Vehicle to obtain endorsement to drive transport vehicle of that category;whereas in National Insurance Co. Ltd. v. Annappa Irappa Nesaria, the Court laid down that before 28.3.2001 there was no necessity for holder of licence to drive light motor vehicle to have endorsement to drive transport vehicle; whereas in New India Assurance Co. Ltd. v. Roshanben Rahemansha Fakir & Anr 8 SCC 253 and Oriental Insurance Co. Ltd. v. Angad Kol & Ors 11 SCC 356 it was held that it is necessary for holder of light motor vehicle licence to obtain specific endorsement on licence, to drive transport vehicle of the light motor vehicle weight as provided in section 2.