THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.22935 of 2011 ORDER: The 1st petitioner is the Council of Trade Unions. It feels aggrieved by a memo dated 28.06.2007 issued by the Transport Commissioner, A.P., the 2nd respondent, which clarified that it is only a person issued licence specifically in respect of the three wheel motor vehicles in Form No.5, that can drive Auto Rickshaws. The petitioners contend that Section 10 of the Motor Vehicles Act (for short ‘the Act’), classifies the driving licence and a light motor vehicle licence issued to an individual would certainly enable him to drive an Auto Rickshaw, since the licence is in respect of superior category of vehicle. The petitioner contends that acting upon the memo, the respondent authorities are insisting that unless a special licence as provided for under Section 10(2) of the Act is obtained, they cannot be permitted to drive Auto Rickshaw. Heard learned counsel for the petitioners and learned Government Pleader for Transport. The circular was issued way back in the year 2007. The petitioners, however, contend that it is only in the recent past that the Deputy Transport Commissioner, Vijayawada, the 3rd respondent, started enforcing the same. Section 10(2) of the Act, analyses the category of licences that can be issued under the Act: “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 icence 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 ; (e) transport vehicle ; (i) road-roller ; (ii) motor vehicle of a specified description. “ Hitherto persons holding light motor vehicle driving licence are permitted to drive Auto Rickshaws. The 3rd respondent is now insisting that the licence must be obtained specifically for that vehicle, indicating thereby, that the licence must be the one under Section 10(2) of the Act. It hardly needs any mention or emphasis that an Auto Rickshaw of three wheels is far inferior compared to a light motor vehicle, be it in the context of proficiency, size of the vehicle, mechanism involved etc. The clause pertaining to specific motor vehicles deals with the vehicles of unusual and extraordinary make. For instance, the gigantic building equipment is loaded on a vehicle of four wheels and to drive it upon the road, special expertise is needed. The same is the case with the equipment such as heavy cranes. Such a provision cannot be pressed into service, while dealing with the small motor vehicles, such as Auto Rickshaws. Hence, the writ petition is allowed partly, directing that the impugned memo shall not be enforced against the drivers of Auto Rickshaws, who are already undertaking the activity of driving autos. However, their proficiency shall be examined by the concerned Motor Vehicle Inspector at the time of their renewal of the licences. There shall be no order as to costs. The miscellaneous petition filed in this writ petition shall also stand disposed of. ____________________ L.NARASIMHA REDDY, J. Dated:08.03.2013 GJ