Supreme Court over the legality of driving-licence holders for light motor vehicles (LMVs) operating commercial vehicles without any additional endorsement has multiple stakeholders including drivers, fleet operators and cab aggregators worried, as a reversal of an older ruling could hurt them.
A division bench of the top court in 2017 ruled that holders of LMV licences should be allowed to operate transport, or commercial vehicles, as long as the vehicles were up to 7,500 kg of unladen weight.
In 2018, the Ministry of Road Transport and Highways issued a notification complying with the court order. Insurance companies appealed against the order before a three-member bench, arguing that this put the safety of people at risk.
The bench referred the matter to a five-judge constitution bench, which at a hearing on July 20 asked the ministry to submit its position on the matter.
The final hearing is expected on September 13.
The Tamil Nadu Urimai Kural Driver Trader Union, a group representing 2,250 drivers in the southern state, filed a petition on July 16 to join the case, arguing that any decision that asks the drivers to apply for and get a commercial endorsement from the regional transport offices would “render such cab drivers unworkable and inoperative”.
Consequently, this could cause a short-term supply problem for cab aggregators like Ola and Uber, in addition to other commercial fleet operators. The group urged the Supreme Court to allow a moratorium of 1-2 years should it rule that the drivers need an additional commercial endorsement.