A driver holding a light motor vehicle licence can drive all vehicles of the class including a transport vehicle, provided the gross vehicle weight does not exceed 7500 kg.

JUDGMENT :

K. Surendra Mohan, J. –

[WP(C) 9392/2012, WP(C).14520/2012, WP (C).14747/2012]

1. The petitioners in these writ petitions are all holders of driving licences issued by the respondent - Regional Transport Officer, Tirur. They wanted to have endorsements in their driving licences authorizing them to drive transport vehicles. However, they are aggrieved by the refusal of the authorities to issue them with Chellan for submitting an application in Form LTA. The authorization has not been issued for the reason that they have not passed 8th standard. According to them, the insistence on passing 8th standard is unreasonable and liable to be declared so. Since the question raised is common to all the writ petitioners, they are considered and disposed of together.

2. According to Adv. K.K. Mohammed Ravuf, who appears for the petitioners in these cases, the petitioners are all holders of valid driving licences issued to them. Rule 6 of the Kerala Motor Vehicles Rules deals with authorization to drive a transport vehicle. The proviso to the said Rule stipulates that for the grant of such authorization, the applicant should be a person who has studied up to standard IV and having one year experience in driving light motor vehicle. Since the petitioners satisfy both the conditions stipulated by the Rule, it is contended that there is no justification for not granting such an authorization. According to the learned counsel, the Motor vehicles Act was amended in 1994 taking away the different classes of transport vehicles that were earlier there. Section 10(2)(e) of the Motor Vehicles Act refers to 'transport vehicle' also, while Section 11 deals with additions to a driving licence. Therefore, it is contended that invoking Rule 6 of the Kerala Rules, the petitioners ought to have been granted the authorization to drive a transport vehicle as sought for. It is pointed out by the learned counsel that, Section 2(47) defines 'transport vehicle' to mean a public service vehicle, goods carriage, an educational institution bus, or a private service vehicle. Therefore, the authorization that is sought for is only to be granted, it is contended.

3. The contentions of the learned counsel for the petitioners are opposed by the learned Government Pleader who points out that, since the petitioners are persons who do not satisfy the qualification of a pass in VIII standard, no authorization permitting them to drive a transport vehicle could be granted.

4. Heard. The issue that arises for consideration here is whether the holder of a licence to drive a light motor vehicle should be granted an authorization to drive a transport vehicle also. The issue has been concluded by the decision of the Apex Court in Mukund Dewangan vs. Oriental Insurance Company Ltd. (AIR 2017 SC 3668). In the said case also, the Supreme Court was faced with a question as to whether it was necessary for a driver holding a licence to drive a light motor vehicle to obtain an additional endorsement authorizing him to drive a transport vehicle. After an elaborate consideration of the various provisions of the Motor Vehicles Act, 1988, it has been held that a light motor vehicle includes a transport vehicle as well and therefore, the driver holding a light motor vehicle licence can drive all vehicles of the class including a transport vehicle, the gross weight of which does not exceed 7500 kg. Paragraphs 45 and 46 of the said judgment reads as under:

"45. Transport vehicle has been defined in section 2(47) of the Act, to mean a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. Public service vehicle has been defined in section 2(35) to mean any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward and includes a maxicab, a motor cab, contract carriage, and stage carriage. Goods carriage which is also a transport vehicle is defined in section 2(14) to mean a motor vehicle constructed or adapted f