The interpretation of the Motor Vehicles Act highlighted the distinction between driving a two-wheeler and a four-wheeler, emphasizing the separate categories for motor cycles and light motor vehicles.

Deepak Gupta, J(oral).

The only question which arises in this appeal is whether a person holding a licence entitling him to drive a light motor vehicle is also entitled to drive a two wheeler scooter or motor cycle or not?

2. Mr. B.M. Chauhan, learned counsel for the Insurance Company, has contended that a person holding a driving license for L.M.V. which has four wheels is not entitled to drive a motor vehicle of two wheels for which a separate license or endorsement is required. In support of her submission, learned counsel has referred to the definition of `driving license’ in Section 2(10) of the Act which reads as follows:--

“2(10) “driving licence’ means the licence issued by a competent authority under Chapter II authorizing the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description; Reference has also been made to the definition of light motor vehicle in Section 2(21) which reads as follows:-

“2(21) “light motor vehicle” means a transport vehicle or omnibus the gross vehicle weight of either of which or a motor car or tractor or road-roller the unladen weight of any of which, does not exceed 7500 kilograms.”

Motor Cycle has been defined in Section 2(27) of the Act as follows:

“2(27) “motor cycle” means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle.”

Section 3 of the Act makes it necessary for a person to have driving license. Section 3(1) of the Act reads as follows:-

“3(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving license issued to him authorizing him to drive the vehicle; and no person shall so drive a transport vehicle (other than a motorcar or motor cycle) hired for his own use or rented under any scheme made under sub-section (2) of Section 27 unless his driving license specifically entitles him so to do.”

A driving license is issued under Section 9 of the Act. Section 9(6) of the Act provides as follows:-

“9(6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers:

Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear.”

Section 10 of the Act prescribes the form and contents of driving license. It reads as follows:

“10. Form and contents of licenses to drive.-(1) Every learner’s license and driving license, except a driving license issued under Section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government.

(2) A learner’s license or, as the case may be, driving license shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:-

(a) motor cycle without gear;

(b) motor cycle with gear;

(c) invalid carriage;

(d) light motor vehicle;

(e) transport vehicle;

(i) road roller;

(j) motor vehicle of a specified description.”

Rule 16 of the Central Motor Vehicle Rules provides that the driving license should be in Form 6 or

7. Relevant portion of Form 6 which is the form for issue of driving license reads as follows:- “The holder of this licence is licensed to drive throughout India vehicles of the following description:-Motor cycle without gear Motor cycle with gear Invalid carriage Light motor vehicle Transport vehicle Medium passenger motor vehicle”

3. A scooter has not been defined under the Motor Vehicles Act and a scooter will fall under the definition of Motor Cycle, as quoted above. In Section 2(21) light motor vehicle has been defined to mean a transport vehicle or omnibus or motor car or tractor or road-roller with a weight of above 7500 kilogram. It is pertinent to note that all the vehicles included are four wheeled vehicles and a motor cycle has not been included in the definition of L.M.V. This stands to reason also. A person