UP state driving license - whether license valid for HTV?

[S. Anoop Kumar]

Dear Friends,

 

Pls. go thro copy the DL attached issued by Basti Dist. MVD, UP state.   Pls. confirm if the DL is valid for HTV.   There is an endorsement available which is actually creating some confusion. 

 

I would appreciate if some UP based surveyors comment on the license.  

 

Regards,

 

S. Anoop Kumar.   

 

 

[B. Musther Ahamed]

Dear All,   Initially the license issued for Motor cycle with gear and LMV (NTV) subsequently after two year it was endorsed for TV and renewel period has been reduced from 15 years to 3 years. However the badge has not been issued. According to MV Act the State Governor can modify the rule without disturbing the Central Act and Rule. Hence check with present practice of DL issue category. If they are issued HTV or Tpt.TV. seperatly. The above licence is not entitled to drive HTV.   Thanking you B. MUSTHER AHAMED SURVEYOR/ LOSS ASSESSOR 183/3, Swiss Garden, Sangamam Nagar, Podanur - 641023, Tamilnadu MOB:   094431 - 47489 OFF :     094875 - 47489 RES :     0422     - 2411199   --- On Thu, 30/8/12, S. Anoop Kumar <s.anoo...@gmail.com> wrote:

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[nirmal tripathi]

Nirmal Tripathi
Surveyor & Loss Assesors
Kanpur
U.P.

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[Lovkesh Goel]

Dear sir,
The D/L being endorsed for TV entitles the driver to drive a Transport vehicle be it passenger/ goods carrying and be it LMV or HTV. In UP badge is not issued. Other surveyor colleagues from may please confirm.

Thanks & Regards
Lovkesh Goel (Delhi)
+919810662026
From BlackBerry® on Airtel

---

From: "B. Musther Ahamed" <musther...@yahoo.co.in>

Sender: iiisl...@googlegroups.com

Date: Thu, 30 Aug 2012 20:42:20 +0800 (SGT)

To: Insurance Surveyors India<insurance-su...@googlegroups.com>; <iiisl...@googlegroups.com>; <insurance...@googlegroups.com>

ReplyTo: iiisl...@googlegroups.com

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Subject: Re: UP state driving license - whether license valid for HTV?

[Lovkesh Goel]

Dear All,
In my previous mail pls read as 'other colleagues from UP'.

Thanks & Regards
Lovkesh Goel (Delhi)
+919810662026
From BlackBerry® on Airtel

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From: "Lovkesh Goel" <lovke...@gmail.com>

Date: Thu, 30 Aug 2012 12:55:13 +0000

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ReplyTo: lovke...@gmail.com

Cc: <aksi...@sify.com>; Anil Johri<jau...@vsnl.net>; <pcshuk...@gmail.com>; lalit gupta<lalits...@yahoo.co.in>; mauriya L C<lcmau...@gmail.com>; <rajkumar...@yahoo.com>; Nirmal Tripathi<nirmal....@rediffmail.com>; <vipin_...@yahoo.co.in>; SK Agarwal<ska...@gmail.com>; Anil Jauhri<aja...@rediffmail.com>

Subject: Re: UP state driving license - whether license valid for HTV?

Dear sir,
The D/L being endorsed for TV entitles the driver to drive a Transport vehicle be it passenger/ goods carrying and be it LMV or HTV. In UP badge is not issued. Other surveyor colleagues from may please confirm.

Thanks & Regards
Lovkesh Goel (Delhi)
+919810662026
From BlackBerry® on Airtel

---

From: "B. Musther Ahamed" <musther...@yahoo.co.in>

Sender: iiisl...@googlegroups.com

Date: Thu, 30 Aug 2012 20:42:20 +0800 (SGT)

To: Insurance Surveyors India<insurance-su...@googlegroups.com>; <iiisl...@googlegroups.com>; <insurance...@googlegroups.com>

ReplyTo: iiisl...@googlegroups.com

Cc: <aksi...@sify.com>; Anil Johri<jau...@vsnl.net>; <pcshuk...@gmail.com>; lalit gupta<lalits...@yahoo.co.in>; mauriya L C<lcmau...@gmail.com>; <rajkumar...@yahoo.com>; Nirmal Tripathi<nirmal....@rediffmail.com>; <vipin_...@yahoo.co.in>; SK Agarwal<ska...@gmail.com>; Anil Jauhri<aja...@rediffmail.com>

Subject: Re: UP state driving license - whether license valid for HTV?

[vipin shukla]

Dear Anoop ji,   Yes, It is valid license. Since 1994, endorsement for Tansport Vehicle [TV] means all type of transport vehicle can drive.   With regards.   Vipin Kumar Shukla, Panel Surveyor/Lucknow, +91-9415002675

--- On Thu, 30/8/12, S. Anoop Kumar <s.anoo...@gmail.com> wrote:

From: S. Anoop Kumar <s.anoo...@gmail.com> Subject: {Surveyors:13596} UP state driving license - whether license valid for HTV? To: "Insurance Surveyors India" <insurance-su...@googlegroups.com>, iiisl...@googlegroups.com, insurance...@googlegroups.com Cc: aksi...@sify.com, "Anil Johri" <jau...@vsnl.net>, pcshuk...@gmail.com, "lalit gupta" <lalits...@yahoo.co.in>, "mauriya L C" <lcmau...@gmail.com>, rajkumar...@yahoo.com, "Nirmal Tripathi" <nirmal....@rediffmail.com>, vipin_...@yahoo.co.in, "SK Agarwal" <ska...@gmail.com>, "Anil Jauhri" <aja...@rediffmail.com> Date: Thursday, 30 August, 2012, 5:17 PM

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[S. Anoop Kumar]

Dear Mr. Vipin Shukla & Mr. Lovkesh Goel,


As I understand from the license, the endorsement for TV only, is
conversion of LMV (NT) license to drive transport vehicles also,. and
that is LMV (Tr.) and it is not for HMV or HTV. There is certainly
some ambiguity leading to confusion. As can be seen from the
license -


a. The DL is originally issued for MC w/gear and LMV (NTV) only.

b. There is an endorsement issued for TV w.e.f which is actually
creating some confusion.

c. Does this "Endorsement for TV only" is license to drive LMV - Tr
vehicles or is it valid driving license for driving heavy vehicles
too?


I have already sent an e-mail to RTO & ARTO, Basti, UP, and waiting
for their reply and confirmation. In the meantime, I request more
members to forward their opinions with some reasoning so we all get to
learn and enrich ourselves.


With best regares,

S. Anoop Kumar.

On Aug 30, 6:51 pm, vipin shukla <vipin_shukla2...@yahoo.co.in> wrote:
> Dear Anoop ji,
>
> Yes, It is valid license. Since 1994, endorsement for Tansport Vehicle [TV] means all type of transport vehicle can drive.
>
> With regards.
>
> Vipin Kumar Shukla,
> Panel Surveyor/Lucknow,
> +91-9415002675
>
>

> --- On Thu, 30/8/12, S. Anoop Kumar <s.anoopku...@gmail.com> wrote:

[S. Anoop Kumar]

Dear Friends,

 

Here is an interesting reply (reproduced below for ready reference) received from Mr. K. Gopinath, a retired Motor Vehicle Inspector from Hyderabad, a motor surveyor now.  

 

---

Dear Anoop,

 

 

Good Evening.

 

 

Scaned D/L., if genuine, is valid for HTV.  But I doubt it for its genuinity since UP has computerized.   Pls. ask any UP colleague to confirm it.

 

Thanks & regards

 

---

Now this is totally a new angle.  I request UP surveyors to confirm if paper licenses are still issued as on 16-07-2008 (date of original issue of license) and 12-04-2010, the date when the endorsement was added.  

 

 

With best regards,

 

S. Anoop Kumar.

 

 

 

 

 

----- Original Message -----

From: "S. Anoop Kumar" <s.anoo...@gmail.com>

.

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[S. Anoop Kumar]

Dear Friends,

Thanks to all of you for participating in the discussions and for
sharing your views. I appreciate your comments and timely help. I
will share with you the reply from RTO authorities as and when I
receive it.

With best regards to one and all,

S. Anoop Kumar.

On Aug 30, 9:17 pm, Kamlesh Dubey <k.sdu...@yahoo.com> wrote:
> Dear Sir,
>
> Endorsement for Tansport Vehicle [TV] means all type of transport vehicle can drive.
>
>
>
> Thank-N-Regards,
> Kamlesh Shanker Dubey
> Surveyor & Loss Assessor.
> Farrukhabad -209601 (UP)
> M: +91- 9838634183
>
> ________________________________
>  From: Binu Varkey <binu.surve...@gmail.com>
> To: insurance-su...@googlegroups.com
> Sent: Thursday, 30 August 2012 7:47 PM
> Subject: Re: {Surveyors:13596} UP state driving license - whether license valid for HTV?
>
> Dear Sir,
>   Transport vehicle exists in all classes of vehicle. LMV-TV, HPMV-TV, HGMV-TV. A transport vehice endorsement is always based on the basic licence. If the Basic Licence is issued for MCWG and LMV and if a TV endorsement is done it means that the driver is eligible to drive the following class of vehicle. MCWG, LMV-NTV and LMV-TV as per the provision in Motor Vehicle Rules. I totally disagree with what Mr.Vipin has stated.
>
> Regards
>
> Binu Varkey

>
> On Thu, Aug 30, 2012 at 7:21 PM, vipin shukla <vipin_shukla2...@yahoo.co.in> wrote:
>
> Dear Anoop ji,
>
>
>
>
>
> >
> >Yes, It is valid license. Since 1994, endorsement for Tansport Vehicle [TV] means all type of transport vehicle can drive.
> >
> >With regards.
> >
> >Vipin Kumar Shukla,
> >Panel Surveyor/Lucknow,
> >+91-9415002675
> >
>

> >--- On Thu, 30/8/12, S. Anoop Kumar <s.anoopku...@gmail.com> wrote:

>
> >>From: S. Anoop Kumar <s.anoopku...@gmail.com>
> >>Subject: {Surveyors:13596} UP state driving license - whether license valid for HTV?
> >>To: "Insurance Surveyors India" <insurance-su...@googlegroups.com>, iiisl...@googlegroups.com, insurance...@googlegroups.com
> >>Cc: aksinh...@sify.com, "Anil Johri" <jauh...@vsnl.net>, pcshukla6...@gmail.com, "lalit gupta" <lalitsurve...@yahoo.co.in>, "mauriya L C" <lcmaurya...@gmail.com>, rajkumarkhetar...@yahoo.com, "Nirmal Tripathi" <nirmal.tripa...@rediffmail.com>, vipin_shu...@yahoo.co.in, "SK Agarwal" <ska...@gmail.com>, "Anil Jauhri" <ajau...@rediffmail.com>
> >>Date: Thursday, 30 August, 2012, 5:17 PM
>
> >>Dear Friends,
> >>
> >>Pls. go thro copy the DL attached issued by Basti Dist. MVD, UP state.   Pls. confirm if the DL is valid for HTV.   There is an endorsement available which is actually creating some confusion.
> >>
> >>I would appreciate if some UP based surveyors comment on the license.
> >>
> >>Regards,
> >>
> >>S. Anoop Kumar.
> >>
> >> --
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>

> --
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> >
> >This is purely a private group of Insurance Surveyors in India strictly for their own internal circulation & consumption.  The messages posted and opinions expressed on the forum are that of the individual members.  The group owner/moderators are in no way responsible for any opinions expressed and/or offending messages that are posted on the message board.
> >
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> >---
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> >
> >
>
> --
> Note:
>
> This is purely a private group of Insurance Surveyors in India strictly for their own internal circulation & consumption.  The messages posted and opinions expressed on the forum are that of the individual members.  The group owner/moderators are in no way responsible for any opinions expressed and/or offending messages that are posted on the message board.
>
> No message posted on this message board can be used against the member who has posted the information or against the moderators as evidence in any court of law.
> ---
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[vipin shukla]

Yes, Mr. Anoop,   Licence is genuine or not, it cannot confirm. possibilties of non-genuine should be explored because east UP is defame for this type activities and Bast is belongs to east UP.   Non computersied licence [perticularly transport licence] is still making in maximum districts of UP.   With regards.   Vipin Kumar Shukla, Panel Surveyor/Lucknow, +91-9415002675    --- On Thu, 30/8/12, S. Anoop Kumar <s.anoo...@gmail.com> wrote:

-- Note:   This is purely a private group of Insurance Surveyors in India strictly for their own internal circulation & consumption. The messages posted and opinions expressed on the forum are that of the individual members. The group owner/moderators are in no way responsible for any opinions expressed and/or offending messages that are posted on the message board.   No message posted on this message board can be used against the member who has posted the information or against the moderators as evidence in any court of law. ---

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[vipin shukla]

Anoop ji,   Please find awnser of your doubts,

a.   The DL is originally issued for MC w/gear and LMV (NTV) only.

CORRECT

b.   There is an endorsement issued for TV w.e.f which is actually creating some confusion.

[In fact, onwards 1994, only two type licences are being issued 1- M/cycle &- LMV (NT), may be for both. This is catagory of NON TRANSPORT LICENCES. After a one year of LMV (NT) Licence, it may be endorsed for TRANSPORT VEHICLES, (except some notified vehicle which need to extra endorsement ie; for Hazard goods etc) which can be drive all type of transport vehicles, it may LMV or HMV. Now, there is no license are being issued for HMV/HTV/HGV/HPTV/LMV-Tr./LPTV etc as previous.

c.   Does this "Endorsement for TV only" is license to drive LMV - Tr vehicles or is it valid driving license for driving heavy  vehicles too?

As clarified above, it is valid for  LMV (Tr.) as well as heavy vehicles also.   Hope, situation will be clear from above    With regards.   Vipin Kumar Shukla, Panel Surveyor/Lucknow, +91-9415002675    --- On Fri, 31/8/12, vipin shukla <vipin_sh...@yahoo.co.in> wrote:

[Lovkesh Goel]

Dear sir
Acc to one of my friend who is a surveyor in Gzbd UP, and is also having a motor training school, paper licences r still being issued in UP. Also a person needs to have LMV-NT licence for a min. One year before upgradation to Tr vehicle (including LMV, MMV and HMV) D/L for only transport vehicle is issued in UP and not for LTV or HTV.

Thanks & Regards
Lovkesh Goel (Delhi)
+919810662026
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---

From: "S. Anoop Kumar" <s.anoo...@gmail.com>

Sender: insurance-su...@googlegroups.com

Date: Thu, 30 Aug 2012 20:41:40 +0530

To: <iiisl...@googlegroups.com>; Insurance surveyors<insurance...@googlegroups.com>

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Cc: <insurance-su...@googlegroups.com>; Gopinath K<nath...@gmail.com>

Subject: Re: UP state driving license - whether license valid for HTV?

[U.C.Joshi]

This license valid for all type transport vehicle (LMV/HMV).

> To unsubscribe from this group, send email to insurance_surveyors+unsub...@googlegroups.com.

[dmpanditrao]

please provide your friend's name & email address and mob.no. so that nay one who wants to know mre information can have access to the correct information right through him.

[Vijoy Kumar]

Dear friends As I understand from the license, the endorsement for TV only, it's conversion of LMV (NT) license to drive transport vehicles also and that is LMV (T) and it is not valid for HMV/HTV. With Thanks VIJOY KUMAR SURVEYOR & LOSS ASSESSOR NEAR LAXMI LODGE BALUATAL, MOTIHARI EAST CHAMPARAN BIHAR 845401 MOB: 9431435752, 9031162278 Email id. Vijoyk...@yahoo.com --- On Thu, 8/30/12, S. Anoop Kumar <s.anoo...@gmail.com> wrote:

From: S. Anoop Kumar <s.anoo...@gmail.com> Subject: {Surveyors:13596} UP state driving license - whether license valid for HTV? To: "Insurance Surveyors India" <insurance-su...@googlegroups.com>, iiisl...@googlegroups.com, insurance...@googlegroups.com

--

[Upinder Sachdeva]

Resp. All,

all is well here.

U.P.S. Sachdeva

DRIVING LICENSE                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

Suresh Kumar

Deputy Director

(Center for Insurance Studies & Research)

National Law University- Jodhpur

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.

DL SHOULD SATISFY THE FOLLOWING CRITERIA TO BE VALID LICENCE FOR

INSURANCE CLAIM

Effectiveness Qualification

Sec

10

(TYPE) Duration Min Age Education Others

(a) M/Cy with Max 50

CC

16 years

(b) M/Cycle with gear

(c) Invalid carriage

(d) Light Motor

Vehicle

Licence is below 50

years of age-

20 years or attaining of

50 yrs of age whichever

is earlier. Licence is

above 50 yrs of age- 5

years

18 years

NA No

(e) Transport Vehicle 3 years 20 4th class Medical required

(f) Road Roller 3 years 20 years ----- Medical required

(g) Motor Vehicle of

specified

Description

Depends of Vehicle Depends

of Vehicle

NA Depends of Vehicle

Learners Licence 6 months Depends

on vehicle

Depends on

vehicle

Depends on vehicle

Expired Licence 30 days NA NA

Endorsement to carry

Hazzardous Goods

One year 20 10th Class Medical/Trasport

Veh

Licence/English

and one language

from schedule VII

Amendment 1994in MV Act 1988 (effective from 14-11-1994)

• The word “Without Gear has been replaced with upto 50 CC”

• Medium Goods Vehicle/Medium Passenger Vehicle and Heavy Goods

Vehicle/Heavy Passenger Vehicle have been replaced by a single entry “Transport

Vehicle”

Validity of different categories of licences

Learners Licence –

The holder of the Learners Licence can drive the vehicle of entitled class if the following

conditions are fulfilled – (Rule No 3 of central motor vehicle rules 1989)

1. If the person holding valid Driving licence is sitting on the side of the holder of

Learners Licence in such a way that he is in a position to control the vehicle if

situation so requires.

2. There should not be any person with the learner except as stated above in case of two

wheeler (e.g. Pillion rider)

3. The vehicle is not used for carrying goods or passengers at the same time.

4. The word “L” is prominently displayed at the front and the rear portion of the vehicle

with the following specification

L Board Size 18 cm with white background

Letter Colour RED

Letter Size height 10 cms. Width 9 cms. Thickness 2 cms

Section 10 (a) Motor Cycle upto 50 CC

This class of vehicle entitles the holder to drive the two wheeler upto 50 CC. This category has

replaced the earlier category “Motor cycles without gear vide MV Act amendment in 1994

Position of Vehicles above 50 CC but without gear

There are some vehicles with capacity more than 50 CC but are without gears such as

‘ACTIVA” Strictly speaking the holder of the above category licence can not drive the vehicles

above 50 cc. Though it may or may not be without gears.

However there are still cases where Transport authorities issue the licence category as Motor

Cycle without gear notwithstanding the amended version effective from 14-11-1994. The

minimum age is also considered as 16 years in such cases. Therefore the holder of such licence is

entitled to drive all the without gears two wheelers irrespective of cubic capacity of the vehicle

which may even be more than 50 CC. However there should be specific mention of the Motor

Cycle without gear on the licence.

Section 10 (b) Motor Cycle with Gear

1. Holder of this class of licence can drive any type of two wheeler with or without the

gear.

2. He is also authorised to drive the two wheeler with attached side car with extra wheel

attached to the Motor Cycle {Sec 2 (27) of MV Act 1988}

L

3. There are some places where the two wheelers are also used for hire and reward

purpose. In such cases it becomes a transport vehicle. Thus the public Service vehicle

endorsement will be required to drive such vehicles.

Licence to drive Vehicle upto 50

CC(with gear)

Vehicle upto 50 CC

(Without gear

Vehicle above 50

CC with out gear

Motor Cycle upto 50

CC

Yes Yes No

Motor Cycle without

gear

No Yes Yes

Section 10 (C) Invalid Carriage

The definition of invalid carriage as stated in section 2 (18) of MV Act 1988 reads as under-

Invalid carriage means a motor vehicle specially designed and constructed and not merely

adopted for use of a person suffering from some physical defect or disability and used solely by

or for such a person.

Therefore it is clear that the person holding the licence to drive invalid carriage can only drive a

vehicle specially manufactured for the use of a person suffering from some physical defect or

disability.

Further a person suffering from disability will also require such licence if he himself is driving

such vehicle.

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.

Any section in statute can not be read in isolation and are to be read and understood in relation to

the other existing provisions of the act. Section 3 of the MV Act 1988 stipulates the specific

authorization to drive to drive the Transport vehicle. This provision is therefore to bifurcate the

transport and non transport categories of licences each with different requirements.

Insurance policies not only talk of the effective licence but also add that a person should not be

disqualified to hold the required licence.

We find that non transport licence may be ineffective or disqualified if tested on the parameters

fixed for issuance of Transport vehicle Licence e.g. age, qualification, medical test etc.

Comparitive Study of Time validity/Qualification for Transport/non Transport category

licence

Type Duration Age Education Medical

Non Transport Vehicle More than 3 years 18 NA NO

Transport Vehicle 3 years 20 4th/10th yes

So actual entitlement of LMV licence depends on the above basis, which in fact clarifies the

inetenstion of the Transport authorities, what the licence to be used for. The chart below is to

show the types of LMV Licences/types of vehicles authorised to be driven so long it is within the

definition of LMV.

Vehicles entitles to be driven by the Licence

Holder

Commercial

Type of Licence

Private

Passenger Carrying Goods Carrying

LMV-validity more than

3 yrs

Yes No No

LMV + PSV

Endorsement

Yes Yes No

LMV + Transport vehicle

endorsement

Yes Yes yes

LTV validity less than 3

years

Yes Yes yes

1. Auto Rickshaw- Authorities issue separate licence for Auoto Ricjshaw under 10 (2)

g of MV Act 1988. Otherwise person will require LMV Licence with PSV or Transport Licence

endorsement to drive Auto Rickshaw.

2. “Authorised to pay as paid driver” on licences - The MV Act 1939 contained section

7 (1) iii and 7 (3) mentioning such word but same has appeared in MV Act 1988 and thus word is

now obselete and in no way affect the entitlement of the driving licence.

Vehicles – T category/ F category

These days the transport authorities are issuing T/F category to certain passenger carrying

vehicles. The category is based on use and capacity of the vehicle.

1. T category - To all the contract carriage (passenger carrying e.g. Taxi) may it be Motor Cab

or Maxi Cab.

2. F category - To all private service vehicles.

The T series vehicles are commercial vehicles and the F series vehicles are private service

vehicles. Both the categories may include LMV as well as higher category of the vehicles. No

DL specifications laid down for such vehicles. The validity of licence has to be searched through

MV Act only.

1. LMV Licence without PSV endorsement – If the use is private and weight specification

is within the definition of LMV

2. LMV licence with separate PSV endorsement – If the use is commercial and weight

specification is within the definition of LMV.

3. Transport vehicle licence (section 10 (e) – If the weight specification is beyond the

definaition of LMV than the transport vehicle licence shall be required. This is because

the upgraded category applicable after LMV is only Transport vehicle, which has

replaced all medium/heavy vehicles. This is irrespective of use may be private/public.

Ambulance –

The ambulance is used for –

1. Hire or reward - when it is used for hire and rewards it is used as commercial vehicle.

2. Hospitals – When it is used for Hospitals then it becomes a private service vehicle.

Further even if it is used hospitals as private service vehicles, service of it is being

charged separately in hospitals or is given as value added service to the patients. So both

the situations are commercial prepositions.

Ambulance is thus a commercial vehicle and therefore PSV endorsement will be required

LMV for the vehicles coming under the weight specification of LMV.

Further there has to be Transport vehicle licence if the ambulance is of higher weight

specification than LMV. This is because the next higher category applicable after the

LMV is only Transport Vehicle which has replaced all medium/heavy vehicles.

Section 10 (e) Transport Vehicle

Transport vehicle has replaced the following category of the vehicles vide amendment 1994 in

MV Act 1988 wef 14-11-1994

1. Medium Goods Vehicle

2. Medium Passenger Motor Vehicle

3. Heavy Goods Vehicle

4. Heavy Passenger Motor Vehicle.

Further the word Transport vehicle has been defined in sec 2 (47) of MV Act 1988 as –

Transport vehicle means a public service vehicle, a goods carriage, an educational institutional

Bus or a private service vehicle. It means it covers following four categories of vehicles –

1. Public Service Vehicle

2. Goods Carriage

3. Educational Institutional Bus

4. Private service vehicle

Thus the holder of Transport vehicle licence is allowed to drive any medium/heavy vehicle

coming under Public Service vehicle, goods carriage, educational institutional Bus, and Private

Service vehicle.

Further the transport Vehicle licence can not be give unless one has held the LMV licence for at

least a year. It is thus needless to mention that the holder of Transport vehicle licence can drive

any LMV vehicle as well may be goods or passenger carrying.

Tankers carrying Hazardous goods

There are certain specifications imposed on the vehicles carrying the hazardous chemicals. The

chemicals have been enumerated in chapter V section 137 (Table 2-3) Motor vehicles rules 1989.

Motor Vehicle Act 1988 as amended in 1994 speaks about the endorsement on the licence to

drive vehicle carrying hazardous goods. The period of such currency is one year. The provisions

have been detailed in central Motor Vehicle Rules 1989 as amended in 1993.

Rule no 9 read with 129 to 137 describes the duties, precautions, to be taken by the owner of the

goods, the insured and the driver. India Motor Tariff (AIMT) effective from July 2002 also

details the prerequisites fro driving of such vehicle.

Following qualifications required for driver to get the stated endorsement on the licence-

1. Minimum age – 20 years and should hold the licence to drive transport vehicle.

2. He should know English and one of the vernacular language (sechedule VII) to

understand the directions written to handle the hazardous goods.

3. Minimum qualification – Matriculation

4. 3 days training from recognised Institute.

Central Motor Vehicle Rules 1989 stipulates that the training school for imparting training to

handle hazardous goods will be set up by the state government. Thus it is the prima faci duty of

the state to provide such facility and then only one can think of getting his licence endorsed to

drive Hazardous goods.

There have been many deliberations on the subject. One such important meeting was held in

1997, which was attended by all the General Manages (Technical) of PSUs. It was agreed in the

meeting as under –

1. Where such training facility has not been provided by the state government than the

claim will be payable without such endorsement.

2. If the state Government has set up such facility then the claim should be settled on

merits.

If any government has ot set up such center, but has authorised any oil company to conduct such

training then state Government has thus complied with the provisions of the Central Motor

Vehicle Rules 1989 in respect of setting up of an institution.

Therefore every licence issued in such state has to have the required endorsement on Transport

Vehicle licence “ Authorised to drive the vehicles carrying hazardous goods” to qualify the DL

entitled to drive vehicle carrying Hazardous goods.

Non- possession of Endorsement -

There are two steps involved in issuance of DL with endorsement to drive vehicle carrying

Hazardous goods.

• First, is to get the Transport Vehicle Licence

• Second to get endorsement on it.

If the DL is without endorsement the it is construed that the driver has not undergone the training

to handle hazardous goods. So claim has to be dealt accordingly on merits. It is further to see

whether the accident could have been avoided had there been trained driver.

• If yes then the claim is repudiated and

• If no then the claim can be processed on non – standard basis taking the breach as

immaterial.

However the practice shall vary from company to company.

Requirement of PSV endorsement to drive passenger Vehicle

There is some confusion on the subject as some insist on requirement of PSV endorsement on

Licence to drive Transport Vehicle in case of Bus/Medium passenger vehicles. Before we deal

with the subject let us examine the definition of Transport Vehicle:

Transport Vehicle means a Public Service Vehicle, a goods carriage, an educational institutio bus

or private service vehicle.

We see that Public Service Vehicle is already there so there is no further requirment of PSV

endorsement on licence to drive transport vehicle when used to drive passenger carrying vehicle.

The transport Vehicle category has been inserted as single entry as single entry in place of earlier

following class of vehicles-

1. Medium Goods Vehicle

2. Medium Passenger Motor Vehicle

3. Heavy Goods Vehicle

4. Heavy Passenger Motor Vehicle.

Further the Transport Vehicle includes the following –

1. Public Service Vehicle

2. Goods Carriage

3. Educational Institutional Bus

4. Private Service Vehicle.

Therefore a person is entitled to drive Transport Vehicle can drive any type of above stated

vehicle of any nature and capacity without having any PSV endorsement.

However there are still licences being issued unconventionally to section 10 of MV Act 1988 but

are accepted as the same have been issued by the transport Authorities. However such licences

are dealt with as entitled only ( i.e. goods carrying for goods carrying vehicle and passenger for

passenger vehicle)

Type of licence For passenger carrying For Goods Carrying

HTV Yes Yes

HMV

HGV

Yes

No

Yes

yes

HGV + PSV endt. Yes Yes

HPV

HPV + Transport Vehicle

endt.

Yes No

Heavy Motor Vehicle specifies Heavy Vehicle and does not distinguish between goods

and passenger category. It is taken as Heavy Transport Vehicle.

Requirement of Badge Normally it is presumed that all the drivers driving Public Service

Vehicles further require Badge in addition to their entitled licence but position is not so.

Motor Vehicle Act 1988 does not make it mandatory for a driver to get any badge endorsement

on any licence. Central Motor Vehicle rules 1989 also does not provide the requirement of

Badge, though it contains space in Form 6 and Form 7 meant for issuing a Driving Licence.

Section 28 (2) (d) empowers the state government to make rules regarding issuance of Badges.

The stipulation states –

“The badges and uniform to be worn by the drivers of Transport Vehicles and the fees to be paid

in respect of badges.”

In view of different states Rules it may be concluded that the issue of Licence to drive

Transport Vehicle and the issued of badge are two different acts wherein-

• Former involvesthe qualification and yase of competence and

• Later involves just a formality, may be just for identification purpose to indicate who is

driver of the vehicle.

Possession of the badge is thus in no way connected to the skill or competence of driving and

therefore non-possession of badge is n way to be taken as lack of skill or competence to drive. So

the licence without badge is perfectly a valid licence.

Section 10 (f) Road Roller Only holder of such licence can drive the road roller.

Section 10 (g) Motor Vehicle of specified Description

Under this category the authority specifies the particular vehicle not included in any of the

category of vehicles from section 10 (a) to Section 10 (g) of MV Act 1988 as amended in 1994

e.g. Auto Rickshaw, tractor etc.

Article has treated the subject with Motor Own Damage perspective

The interpretation of DL provision in MACT cases varies from judgment. Ruling of apex court

in NIC V Swaran Singh (2004) is an eye opener for DL provisions – (expired, fake, invalid

licences)

1. The claim has to be paid to claimamnt by the insurance company even in breach

cases.

2. Insurers has to prove that that the breach was in the knowledge of the insured.

3. and if proved so, then recover it from the insured.

[S. Anoop Kumar]

Dear UPS,


The message is all cluttered or mixed up. Perhaps you have copy
pasted the contents from a word doc with tables. I think you should
post the word.doc as an attachment so that we get to read it more
clearly and get to understand and also reap the benefit you intend to
reward our colleagues with.

With best regards,

S. Anoop Kumar.

> On Fri, Aug 31, 2012 at 12:38 PM, Vijoy Kumar <vijoykumar...@yahoo.com>wrote:> Dear friends

> > As I understand from the license, the endorsement for TV only, it's
> > conversion of LMV (NT) license to drive transport vehicles also and
> > that is LMV (T) and it is not valid for HMV/HTV.
>
> > With Thanks
> > VIJOY KUMAR
> > SURVEYOR & LOSS ASSESSOR
> > NEAR LAXMI LODGE
> > BALUATAL, MOTIHARI
> > EAST CHAMPARAN
> > BIHAR 845401
> > MOB: 9431435752, 9031162278

> > Email id. Vijoykumar...@yahoo.com
>
> > --- On *Thu, 8/30/12, S. Anoop Kumar <s.anoopku...@gmail.com>* wrote:

>
> > From: S. Anoop Kumar <s.anoopku...@gmail.com>
> > Subject: {Surveyors:13596} UP state driving license - whether license
> > valid for HTV?
> > To: "Insurance Surveyors India" <
> > insurance-su...@googlegroups.com>, iiisl...@googlegroups.com,
> > insurance...@googlegroups.com

> > Cc: aksinh...@sify.com, "Anil Johri" <jauh...@vsnl.net>,
> > pcshukla6...@gmail.com, "lalit gupta" <lalitsurve...@yahoo.co.in>,
> > "mauriya L C" <lcmaurya...@gmail.com>, rajkumarkhetar...@yahoo.com,
> > "Nirmal Tripathi" <nirmal.tripa...@rediffmail.com>,

> > vipin_shu...@yahoo.co.in, "SK Agarwal" <ska...@gmail.com>, "Anil Jauhri" <
> > ajau...@rediffmail.com>

[Upinder Sachdeva]

Sir,

Pls Find attatched pdf copy

Thanx & Regards

U.P.S. Sachdeva.

[jalan]

Dear Anoop,

The DL has an endorsement dated 12.04.2010 for TV. TV here must mean Transport Vehicle. As per MV Act Chapter !, section 2, item 47 a Transport Vehicle is defined as a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. This definition does not differentiate between LMV, MGV, HMV etc. The last amendment did away with such categorisation and clubbed all commercial vehicles or Public Service Vehicle under one name. So in my opinion the licence is valid for HTV.

Regards,

Ramesh Jalan

[Denesh Saxena]

Dear Sri Anoop,

Sorry for delayed revert in the DL issue.

Please note that as per U.P. & U.K. procedures the DL with endorsement
as 'Tpt. Veh.' in question is to be considered as valid for driving a
HTV or HPV.

But what is confusing I found that in the said DL after the Pvt. LMV
the endorsement for Tpt. Veh. is directly mentioned and one step of
endorsing for LMV (T) is missing.

As such in my opinion the said D.L. is required for verification from
R.T.O. records.

In case not possible at your end you just can suggest insurers for
doing so, in your survey report.

Best Regards

DK (D.K. SAXENA)
HALDWANI, NTL., UK