ORDER :

Arun Mishra, J.

1. The question raised is whether for the drivers having licence to drive light motor vehicles there is a necessity of obtaining endorsement to drive the transport vehicle when the transport vehicle is of class of light motor vehicle.

2. We have heard learned counsel for the parties at length. For consideration of aforesaid question, it is necessary to refer to various provisions and decisions.

3. Driving licence has been defined in section 2(10) of the Act of 1988. The provision is extracted hereinbelow :-

“2(10) “driving licence" means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description.”

Gross vehicle weight has been defined in section 2(15) thus :

“2(15) “gross vehicle weight" means in respect of any vehicle the total weight of the vehicle and load certified and registered by the registering authority as permissible for that vehicle;”

Heavy goods vehicle has been defined in section 2(16) to mean:

“2(16) “heavy goods vehicle" means any goods carriage the gross vehicle weight of which, or a tractor or a road-roller the unladen weight of either of which, exceeds 12,000 kilograms;”

Heavy passenger motor vehicle has been defined in section 2(17) thus :

“2(17) “heavy passenger motor vehicle" means any public service vehicle or private service vehicle or educational institution bus or omnibus the gross vehicle weight of any of which; or a motor-car the unladen weight of which, exceeds 12,000 kilograms;”

Light motor vehicle has been defined in section 2(21) of the Act thus :

“2(21) “light motor vehicle" means a transport vehicle or omnibus the gross vehicle weight of either of which or a motorcar or tractor or road-roller the unladen weight of any of which, does not exceed 7,500 kilograms;”

Medium goods vehicle has been defined in section 2(23) to mean :

“2(23) “medium goods vehicle" means any goods carriage other than a light motor vehicle or a heavy goods vehicle;”

Medium passenger motor vehicle is defined under section 2(24) thus :

“2(24) “medium passenger motor vehicle" means any public service vehicle or private service vehicle, or educational institution bus other than a motor-cycle, invalid carriage, light motor vehicle or heavy passenger motor vehicle;”

Motor car has been defined in section 2(26) of the Act of 1988 thus :

“2(26) “motor-car" means any motor vehicle other than a transport vehicle, omnibus, road-roller, tractor, motor-cycle or invalid carriage;”

“Omnibus” has been defined in section 2(29) thus :

“2(29) “omnibus" means any motor vehicle constructed or adapted to carry more than six persons excluding the driver;”

“Tractor” has been defined in section 2(44) of the Act thus :

“2(44) “tractor" means a motor vehicle which is not itself constructed to carry any load (other than equipment used for the purpose of propulsion); but excludes a road-roller;”

“Transport vehicle has been defined in section 2(47) thus :

“2(47) “transport vehicle" means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle;”

“Unladen weight” has been defined in section 2(48) thus :

“2(48) “unladen weight" means the weight of a vehicle or trailer including all equipments ordinarily used with the vehicle or trailer when working, but excluding the weight of a driver or attendant; and where alternative parts or bodies are used the unladen weight of the vehicle means the weight of the vehicle with the heaviest such alternative part or body;”

4. The provisions under section 2 define heavy goods vehicles, heavy passenger motor vehicle, medium goods vehicle, medium passenger motor vehicle and light motor vehicle separately. Section 2(21) deals with class of Light Motor Vehicle which includes a transport vehicle or omnibus, the gross vehicle weight of either of which does not exceed 7500 kgs. or a motor car or tractor or road roller, the unladen w