• Can a lmv non transport vehicle licence holder drive his taxi for personal use

The Supreme Court, in Mukund Dewangan vs. Oriental Insurance Company Limited, has held that there is no requirement to obtain separate endorsement to drive transport vehicle, and if a driver is holding licence to drive light motor vehicle, he can driive.(ref: live law.in).
Can my justification of driving my taxi without pubic transport vehicle badge for personal use stands qualified in court of law or at least with the enforcement authorities. 
Pls enlighten me with relevant sections and course of actions by police or transport authorities for driving taxis for personal use without having public transport vehicle badge.
Also if I met with accident while driving taxi for personal use whether the insurance company reject the claim for any general damage.
Asked 8 years ago in Civil Law

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

This judgment is with respect to hiring of a driver Yes you can use your commercial vehicle for personal use but when you cross a state border you should have to give tax to respective rto with your commercial vehicle. Regarding driving without badge if you are not hiring people you can use. If you have commercial vehicle insurance policy they cannot reject claim.

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Yes after reading the judgement it is made clear that the license is required for class of vehicle so Supreme Court made it clear that a transport vehicle can be driven without a separate endorsement to drive transport vehicle for private or public use.

The police and the transport authorities can still impose penalty as the sections for penalty is not made ultra vires under state act and the central act under section 181 MV act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

The judgments of Supreme Court cannot be shown to a traffic police and get implement such directions. You cannot force traffic police to obey the orders of Supreme Court when there is no such circular issued by the police department. Your research is innovative and appreciable. To widen the scope of driving licenses you may please convince and canvas with transport minister and transport secretary and see that such circular is issued clarifying what you have said above. In normal course of traffic rules you cannot insist except when the traffic police man is wise enough to understand your logic.

In short your advised to either get your taxi (commercial/passenger vehicle) converted into regular private car or get relevant driving license as may be demanded by police people. You may discuss with me on mobile.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Client,

Above judgment is very clear in itself,

Actual interpretation given by Hon`ble in this ruling is, where the unladen weight of vehicle is not more than 7,500 Kg. no separate endorsement is required to drive transport vehicle of same eight i.e. up to 7, 500 Kg.

AS the vehicles under Motor Vehicle act is differentiated acc. to weight-

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 1[7500] kilograms;

“medium goods vehicle” means any goods carriage other than a light motor vehicle or a heavy goods vehicle

“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.

Pls enlighten me with relevant sections and course of actions by police or transport authorities for driving taxis for personal use without having public transport vehicle badge. ---- Taxi permit will certainly be required, u can not use car for hire purchase without valid permit. Only, u will not required separate license to drive transport vehicle up to 7500 kgs.

Also if I met with accident while driving taxi for personal use whether the insurance company reject the claim for any general damage. --- They can, but court will considered your claim in positive in reference to above judgment.

Even if police or authority seize your vehicle as u cant argue them , they are mad in power. court will release vehicle without penalty and may impose penalty on them for neglecting SC ruling and illegal seize. Keep copy of ORder in dash board.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can drive the same but the judgement is only on licence thing. Other permissions and requirements for transport vehicle has to be fulfilled in the same for driving the transport vehicle. A transport vehicle can't be used for personal purpose always as it is meant for transport purpose. As personal vehicle can't be used for transport purpose and vice versa.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Can my justification of driving my taxi without pubic transport vehicle badge for personal use stands qualified in court of law or at least with the enforcement authorities.

The judgment is applicable even for the claim under MACT

It is clear that the driver with LMV licence private also can drive transport vehicle of that category.

You have correctly interpreted the settled law, you can be confirmed about this that you are eligible for any claim under the said situation

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Do the transport authorities or police officials detain the vehicle for the above issue or they can simply ask to pay fine. And if refuse to pay fine (legally with relevant sections if any) what action they can take against me

You can challenge their case in court based on the referred judgment

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer