Construing Section 2(21), Section 3 and Section 10 of MV Act

 

Construing Section 2(21), Section 3 and Section 10 of MV Act

 

 To understand the divergent interpretations on the core issue

of whether a holder of a LMV license can operate a 'transport

vehicle’ weighing less than 7,500 kgs, it will be necessary to first

consider the relevant definition(s) contained in Section 2 of the MV Act. The definitions deserving scrutiny are noted below for ready reference. The definition of Section 2 interestingly begins with the clarificatory preface, ‘unless the context otherwise requires’:

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.”

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;”

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;”

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;”

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;”

2(22) “maxicab” means any motor vehicle constructed or adapted to carry more than six passengers, but not more than twelve passengers, excluding the driver, for hire or reward;

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

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;” 2(25) “motorcab” means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward.

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

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.

2(28) “motor vehicle” or “vehicle” means any mechanically

propelled vehicle adapted for use upon roads whether the

power of propulsion is transmitted thereto from an external

or internal source and includes a chassis to which a body has

not been attached and a trailer; but does not include a vehicle

running upon fixed rails or a vehicle of a special type adapted

for use only in a factory or in any other enclosed premises or

a vehicle having less than four wheels fitted with engine capacity of not exceeding1 [twenty-five cubic centimetres];

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

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;”

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;” The term ‘Transport Vehicle’ is defined in Section 2(47) of the MV Act and each of the terms contained in the definition is separately defined in Sections 2(35),2(14), 2(11), 2(33) of the MV Act:

2(47) “transport vehicle" means a public service vehicle, a

goods carriage, an educational institution bus or a private

service vehicle;”

2(35) “public service vehicle" means any motor vehicle used or

adapted to be used for the carriage of passengers for hire or

reward, and includes a maxi-cab, a motor-cab, contract

carriage, and stage carriage;”

2(14) “goods carriage" means any motor vehicle constructed or

adapted for use solely for the carriage of goods, or any motor

vehicle not so constructed or adapted when used for the

carriage of goods;”

2(11) “educational institution bus" means an omnibus, which is owned by a college, school or other educational institution

and used solely for the purpose of transporting students or

staff of the educational institution in connection with any of

its activities;”

2(33) “private service vehicle” means a motor vehicle

constructed or adapted to carry more than six persons

excluding the driver and ordinarily used by or on behalf of

the owner of such vehicle for the purpose of carrying persons

for, or in connection with, his trade or business otherwise

than for hire or reward but does not include a motor vehicle

used for public purposes

26. Rule 2 of the MV Rules provides certain additional definitions.

For instance, Rule 2(c) defines an ‘agricultural tractor’ as under:

"agricultural tractor" means any mechanically propelled 4-

wheel vehicle designed to work with suitable implements for

various field operations and/or trailers to transport agricultural materials. Agricultural tractor is a non-transport vehicle’

27. Significantly, a non-transport vehicle is defined in Rule 2(h):

“"non-transport vehicle" means a motor vehicle which is not a

transport vehicle”

28. The definition of ‘e-cart’17 , ‘e-rickshaw’18 , ‘Battery operated

vehicle’ 19 , ‘road ambulance’ 20 , ‘school bus 21 ’, ‘special purpose vehicle’ 22 , ‘motor caravan’ 23 , ‘puller tractor’ 24 and different categories of vehicles such as ‘Category L’25 and ‘Category M26’ are also provided in the MV Rules.

29. The above definition(s) in the MV Act and MV Rules would

indicate that they focus on various aspects including reference by

(i) weight such as light motor vehicle and heavy goods vehicle; (ii) the intended use such as educational institution bus, public

service or private service and also (iii) the vehicle types such as

omnibuses and motor cars. Therefore, the scheme of the Act is not exactly either user-based or weight-based but is a combination of 17 Ruleboth. It also takes into account the evolving transportation sector which is reflected in the introduction of new categories of vehicles through various amendments such as adapted vehicles, e-carts, and e-rickshaws. Notably, the Supreme Court has also recognized 27 that hybrid rickshaws, commonly referred to as ‘jugaad’ in India, fall under the definition of Motor Vehicle u/s 2(28) of the MV Act.

30. For our discussion, much turns on the definition of LMV

contained in Section 2(21) of the MV Act:

“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.”

31. The term ‘transport vehicle’, ‘gross vehicle weight’, ‘motor car’, ‘tractor’, ‘road roller’, ‘unladen weight’ and ‘gross vehicle weight’ are also separately defined in the MV Act as noted earlier.