• Can a transport vehicle license holder authorized to drive LMV

Hi,
      Can a driver whose LMV-NT has expired and has Transport COV License still active authorized to drive private LMV's ?

Thanks & Regards,

AM
Asked 1 year ago in Civil Law from Bangalore, Karnataka
Yes, on the basis of such license he can drive LMV. The license for bigger vehicle is valid for lesser size car though not the vice versa.
Devajyoti Barman
Advocate, Kolkata
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Hi, once the driving license expired you can't drive private LMV vehicles though you have valid Transport COV.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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please visit the RTO office in your city and make enquires . 

if your LMV-NT has expired you cannot drive private LMV 
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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1. The definition of LMV as given in Section 2(21) of the Motor Vehicles Act (the Act) is very wide so as to include a transport vehicle omnibus or a motor car or a tractor or a road roller, the unladen weight any of which does not exceeds 7500 kg. For driving a transport vehicle or a road roller, a separate endorsement would be required on the LMV as can be seen from Section 10 of the Act. 

2. So the answer to your question has to be in the negative.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) Supreme Court in National Insurance Company Ltd. v. Annappa Irappa Nasaria and Ors., 2008 IV AD (SC) 358

has held that A driver who had a valid licence to drive a light motor vehicle therefore, was authorized to drive a light goods vehicle as well."

2) the licence to drive LMV covers both light passenger vehicles and light goods vehicle also

3)  In National Insurance Co. v. Kusum Rai, (2006) 4 SCC 250 where a driver holding a driving licence to drive a Light Motor Vehicle was held to be not entitled to drive a taxi.

4) Roshanben Rahemansha Fakir & Anr., (2008) 8 SCC 253; the Supreme Court differentiated between a transport vehicle and non transport vehicle and held that a driver who had a valid licence to drive a Light Motor Vehicle was not authorized to drive a light goods vehicle. It was further held that the person must possess the licence for the class of vehicle involved in the accident.

5) For driving a transport vehicle or a road roller, a separate endorsement would be required on the LMV as can be seen from Section 10 of the Act.

6) as per SC judgement  the person must possess the licence for the class of vehicle involved in the accident.
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
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Can a driver whose LMV-NT has expired and has Transport COV License still active authorized to drive private LMV's ?

You have an answer in your question itself. If his licence to drive LMV-NT expired then he is not authorised to drive under that category until it is renewed. He may be possessing a superior driving licence, but when accident occurs, the first question is whether his original licence to drive in that category is in force or or not will rise. So ask him to get it renewed immediately.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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The provisions of related MV rules is reproduced below for your information:
Section 10 of the Motor Vehicles Act, 1988 (the Act) deals with the Form and contents of licences to drive. Section 11 of the Act deals with additions to driving licence to drive any other class or description of vehicle in addition to the one which the holder is competent to drive. Section 14 of the Act deals with the currency of licences to drive motor vehicles. Sections 10,11 and 14 of the Act are extracted hereunder:-

"10. Form and contents of licences to drive.
(1) Every learner's licence and driving licence, except a driving licence 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 licence or, as the case may be, driving licence 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;
1[(e) transport vehicle;]
(i) road-roller;
(j) motor vehicle of a specified description.
11. Additions to driving licence.
(1) Any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to the licensing authority having jurisdiction in the area in which he resides or carries on his business in such form and accompanied by such, documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence.
(2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 shall apply to an application under this section as if the said application was for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence.
14. Currency of licences to drive motor vehicles.
(1) A learner's licence issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the licence.
(2) A driving licence issued or renewed under this Act shall,-
(a) in the case of a licence to drive a transport vehicle, be effective for a period of three years:
[Provided that in the case of licence to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus; and]
(b) in the case of any other licence,-
(i) if the person obtaining the licence, either originally or on renewal thereof, has not attained the age of 3[fifty years] on the date of issue or, as the case may be, renewal thereof,-
(A) be effective for a period of twenty years from the date of such issue or renewal; or (B) until the date on which such person attains the age of [fifty years], whichever is earlier;
[(ii) if the person referred to in sub-clause (i), has attained the age of fifty years on the date of issue or as the case may be, renewal thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal:] Provided that every driving licence shall, notwithstanding its expiry under this sub-section continue to be effective for a period of thirty days from such expiry."
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
 A conjoint reading of Sections 10, 11 and 14 of the Act will show that a person driving a vehicle must possess a licence to drive that class of vehicle which he intends to drive. If he proposes to drive any other vehicle than the one for which he/she possesses any effective driving licence he is to seek an addition to his/her driving licence. In other words, if a person wants to drive only a motor car whose unladen weight does not exceeds 7500 kgs., he needs to have a licence to drive a light motor vehicle only. At the same time, if a person wants to drive a motor car for hire and reward then that light motor vehicle will become a public service vehicle as well and a holder would not be competent to drive the motor car for hire and reward, that is, a maxicab or a motorcab or a taxi unless he possesses a licence to drive a transport vehicle for LMV. Similarly, every goods carriage is included in the definition of transport vehicle. Thus, the holder of a licence must possess a licence to drive a transport vehicle of the category of the goods vehicle whose gross vehicle weight does not exceed 7500 kgs., then he must possess a licence to drive a light motor vehicle of the category of transport vehicle. If he wants to drive a goods vehicle whose gross vehicle weight is above 7500 kgs. or 12,000 kgs., then he must possess a licence to drive a medium motor vehicle of the category of transport vehicle and heavy motor vehicle of the category of transport vehicle respectively. At the same time, a person possessing a licence to drive a heavy motor vehicle would be competent to drive a medium motor vehicle and light motor vehicle of the category of transport vehicle.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Driver is the person who acts as a steersman of the driving vehicle and driving license is the
licence other than learners licence authorised to drive Motor Vehicle of the specified class or the
description.
Section 3 of MV Act 1988 read with the Insurance Policy Conditions stipulates-
1. Every one is required to have effective driving licence to drive a vehicle in public
place.
2. Every one is required to have specified permission to drive a transport vehicle.
3. The person should not be disqualified from holding such licence.
Lincence should satisfy two requirements of being effective and being qualified. The effectiveness
is both for duration and type where as the qualifications are the pre requisites a person should have
to possess a particular class of licence. The table below states the parameters of effective and
qualified licence of different category. 
Section 10 (d) Light Motor Vehicle
Person holding such a licence can drive any vehicle (other than two wheeler) of below stated description-
1. Transport vehicle or Omnibus with gross vehicle weight upto 7500 Kgs.
2. Motor Car, Tractor, Road Roller with Unladen weight upto 7500 Kgs.
• Now all the vehicles with the above specifications will come under the purview of LMV.
• The agriculture tractor is a non transport vehicle when used as agriculture implement or for
transportation of agriculture related goods. Thus it comes under the ambit of LMV Category of
LMV Licence. {Section 2 (1) (b) Central Motor Vehicle (amendments) riles 1993.}. However
Authority also issues separate licence for tractors under 10 (2) g of MV ACT 1988.
 The holder of LMV licence is authorised to drive Motor cab (vehicle used to carry less than 6 passengers
excluding the driver for hire and reward) hired for his own use or rented under any scheme made under
section 75 (2) of MV Act 1988
Whether LMV licence is valid for the vehicles used for commercial used for commercial purpose
e.g. Taxi, Tata 407
The definition of LMV covers the transport vehicle. Further the transport vehicle covers the public service
vehicles/goods vehicles also as per sec 2 (47) of MV Act 1988. SO one can easily draw instant
interference that the LMV covers all the above stated vehicles may it be used for commercial or private
purpose. However the position is different. 
Hope the above information clarifies further queries too.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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