Indian Kanoon - Search engine for Indian Law

- 11 -

"Section 2(21): "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 [7500] kilograms."

15. As per the above definition, the vehicle JCB/ Earthmoving Machine/Construction Equipment/Excavator is not omnibus, motor car, tractor and road-roller. Even though the learned counsel for the appellant submitted that the JCB/Earthmoving Machine/Construction Equipment/Excavator and road-roller are similar category of vehicles, that cannot be accepted. The vehicle road- roller is different and JCB/Earthmoving Machine/ Construction Equipment/Excavator is different. Then whether this JCB/Earthmoving Machine/Construction Equipment/Excavator is coming within the definition of transport vehicle because a transport vehicle of gross vehicle weight less than 7,500 kilograms is also light motor vehicle as per Section 2(21) of the Act but the JCB/ Earthmoving Machine/Construction Equipment/Excavator

- 12 -

is a transport vehicle or not, is to be considered. Section 2(47) of MV Act stipulates as follows:

"Section 2(47): "transport vehicle" means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicles."

16. As per this definition, the JCB/Earthmoving Machine/Construction Equipment/Excavator definitely is not coming within the definition as JCB/Earthmoving Machine/Construction Equipment/Excavator, cannot be considered under the class of vehicle enumerated in Section 2(47) of the Motor vehicles Act. Rule 2(ca) of the Central Motor Vehicles Rules, 1989 (hereinafter referred to as 'Central Rules' for short) stipulated as follows:

- 16 -

Machine/Construction Equipment/Excavator is a light motor vehicle. Just because the certificate of registration shows the unladen weight is 6990 kgs., would not be sufficient to characterize that the JCB/Earthmoving Machine/Construction Equipment/Excavator is a light motor vehicle falling within the definition of Section 2(21) of the Act. If JCB/Earthmoving Machine/Construction Equipment/Excavator falls in any of the five categories mentioned in Section 2(21) of the Act coupled with gross vehicle weight/unladen weight, then it comes under the ambit of light motor vehicle. The Central government notification dated 05.11.2004 stated supra does not describe what are the light motor vehicles and what are not but, it only makes a difference as to what are the transport vehicles and non-transport vehicles. The class/category of vehicle and type of vehicle are different. For the same class of vehicle, there may be two types of vehicles. For example, if car or jeep is a category/class of vehicle then whether it is a transport or non-transport vehicle are two types. Therefore, before considering

- 19 -

21. Therefore, as per Clause (j) of sub-section (2) of Section 10 of the Act, a driving license shall be issued for "motor vehicles of a specified description". There are various classification of the vehicles in sub-section (2) of Section 10 of the Act. Clause (j) is pertaining to issuance of driving license towards "motor vehicle of a specified description". In the present case, the vehicle JCB/ Earthmoving Machine / Construction Equipment / Excavator is a vehicle of a specified description. The specified description is stated in Rule 2(ca) of the Central Rules. Therefore, when the JCB / Earthmoving Machine / Construction Equipment / Excavator is not coming within the definition of light motor vehicle as described above, then it is a motor vehicle of a specified description and there should be a separate driving license to be obtained to drive/operate motor vehicle of a specified description. But in the present case, upon perusal of the driving license produced by the owner, the driver was holding a driving license to drive light motor vehicle (non-transport) only. There is no endorsement authorizing the driver to drive