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  DRIVING LICENSES & OTHER RELATED PROVISIONS OF MV ACT.
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  Necessity for driving license.
     
  1. No person shall drive a motor vehicle in any public place unless he holds an effective driving license issued to him authorizing him to drive the vehicle; and no person shall so drive a transport vehicle [other than a motor cab hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving license specifically entitles him so to do.
  2. The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.
  Age limit in connection with driving of motor vehicles.
   

 

  1. No person under the age of eighteen years shall drive a motor vehicle in any public place:
Provided that a motor cycle without gear may be driven in a public place by a person after attaining the age of sixteen years.
  2. No person under the age of twenty years shall drive a transport vehicle in any public place.
  3. No learner's license or driving license shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.
 
  Restrictions on the holding of driving licenses.
   

 

  1. No person shall, while he holds any driving license for the time being in force, hold any other driving license except a learner's license or a driving license issued in accordance with the provisions of section 18 or a document authorizing, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle.
  2. No holder of a driving license or a learner's license shall permit it to be used by any other person.
  3. Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub-section (1) of section 9 from adding to the classes of vehicles which the driving license authorizes the holder to drive.
   
  Restrictions on the granting of learner's licenses for certain vehicles.
   

 

1. No person shall be granted a learner's license –
     
   
  1. to drive a heavy goods vehicle unless he has held a driving license for at least two years to drive a light motor vehicle or for at least one year to drive a medium goods vehicle;
  2. to drive a heavy passenger motor vehicle unless he has held a driving license for at least two years to drive a light motor vehicle or for at least one year to drive a medium passenger motor vehicle;
  3. to drive a medium goods vehicle or a medium passenger motor vehicle unless he has held a driving license for at least one year to drive a light motor vehicle.
  2. No person under the age of eighteen years shall be granted a learner's license to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner's license.
   
  Grant of learner's license

 

  1. Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving license may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area –
   
  1. in which he ordinarily resides or carries on business, or
  2. in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner's license.
  2. Every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the Central Government.
  3. Every application under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose.
  4. If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner's license applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner's license:
Provided that a learner's license limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage.
  5. No learner's license shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government.
  6. When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner's license unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a license to drive a motor vehicle: 

Provided that a licensing authority may issue a learner's license to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority.

  7. Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both.
  8. Any learner's license for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.
  Grant of driving license

 

  1. Any person who is not for the time being disqualified for holding or obtaining a driving license may apply to the licensing authority having jurisdiction in the area -
   
  1. in which he ordinarily resides or carries on business, or
  2. in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving license.
  2. Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government.
  3. No driving license shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test of competence to drive as may be prescribed by the Central Government:
Provided that, where the application is for a driving license to drive a motor cycle or a light motor vehicle, the licensing authority shall exempt the applicant from the test of competence prescribed under this sub-section, if the licensing authority is satisfied –
   
  1. (i)  that the applicant has previously held a driving license and that the period between the date of expiry of that license and the date of such application does not exceed five years; or

    (ii) that the applicant holds or has previously held a driving license issued under section 18; or

    (iii) that the applicant holds a driving license issued by a competent authority of any country outside India; and

  2. that the applicant is not suffering from any disease or disability which is likely to cause the driving by him of a motor cycle or, as the case may be, a light motor vehicle to be a source of danger to the public; and the licensing authority may for that purpose require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8:
  3. Provided further that where the application is for a driving license to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive prescribed under this sub-section, if the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by the State Government.

  4. Where the application is for a license to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses such minimum educational qualification as may be prescribed by the Central Government and a driving certificate issued by a school or establishment referred to in section 12.
  5. Where the applicant does not pass to the satisfaction of the licensing authority the test of competence to drive under sub-section (3), he shall not be qualified to re-appear for such test –
   
  1. iin the case of first three such tests, before a period of one month from the date of last such test; and
  2. in the case of such test after the first three tests, before a period of one year from the date of last such test.
  6. The test of competence to drive shall be carried out in a vehicle of the type to which the application refers:

Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear.

  7. When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving license unless the applicant is for the time being disqualified for holding or obtaining a driving license:
Provided that a licensing authority may issue a driving license to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant's inability to apply to the appropriate licensing authority:
Provided further that the licensing authority shall not issue a new driving license to the applicant, if he had previously held a driving license, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former license.
  8. If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he
   
  1. is a habitual criminal or a habitual drunkard; or
  2. is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985; (61 of 1985.) or
  3. is a person whose license to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded tin writing, make an order refusing to issue a driving license to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority.
  9. Any driving license for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.
  Renewal of driving licenses.

 

  1. Any licensing authority may, on application made to it, renew a driving license issued under the provisions of this Act with effect from the date of its expiry:
Provided that in any case where the application for the renewal of a license is made more than thirty days after the date of its expiry, the driving license shall be renewed with effect from the date of its renewal:
Provided further that where the application is for the renewal of a license to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to a learner's license.
  2. An application for the renewal of a driving license shall be made in such form and accompanied by such documents as may be prescribed by the Central Government.
  3. Where an application for the renewal of a driving license is made previous to, or not more than thirty days after the date of its expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf.
  4. Where an application for the renewal of a driving license is made more than thirty days after the date of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government:
Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of a driving license made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in sub-section (3):
Provided further that if the application is made more than five years after the driving license has ceased to be effective, the licensing authority may refuse to renew the driving license, unless the applicant undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. 
  5. Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government.
  6. Where the authority renewing the driving license is not the authority which issued the driving license it shall intimate the fact of renewal to the authority which issued the driving license.
   
  Power of licensing authority to disqualify from holding a driving license or revoke such license.

 

  1. If a licensing authority is satisfied, after giving the holder of a driving license an opportunity of being heard, that he –
   
  1. is a habitual criminal or a habitual drunkard; or
  2. is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985; (61 of 1985.) or
  3. is using or has used a motor vehicle in the commission of a cognizable offence; or
  4. has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or
  5. has obtained any driving license or a license to drive a particular class or description of motor vehicle by fraud or misrepresentation; or
  6. has committed any such act which is likely to causenuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objects of this Act; or
  7. has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or
  8. being a person under the age of eighteen years who has been granted a learner's license or a driving license with the consent in writing of the person having the care of the holder of the license and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order –

    a). disqualifying that person for a specified period for holding or obtaining any driving license to drive all or any classes or descriptions of vehicles specified in the license; or

    b). revoke any such license.

  2. Where an order under sub-section (1) is made, the holder of a driving license shall forthwith surrender his driving license to the licensing authority making the order, if the driving license has not already been surrendered, and the licensing authority shall –
   
  1. if the driving license is a driving license issued under this Act, keep it until the disqualification has expired or has been removed; or
  2. if it is not a driving license issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or 
  3. in the case of revocation of any license, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that license:
    Provided that where the driving license of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving license and return the same to the holder.
  3. Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.
  Suspension of driving license in certain cases.

 

  1. Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving license held by such person shall in relation to such class or description of motor vehicle become suspended –
   
  1. ifor a period of six months from the date on which the case is registered, or
  2. if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be.
  2. Where by virtue of the provisions of sub-section (1), the driving license held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and thereupon, such Court shall take possession of the driving license, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the license was granted or last renewed.
  3. Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving license with regard to the suspension thereof.
  4. (4) If a driving license in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such license shall be debarred from holding or obtaining any license to drive such particular class or description of motor vehicles so long as the suspension of the driving license remains in force.
  Suspension or cancellation of driving license on conviction.
   

 

  1. Without prejudice to the provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving license held by such person in so far as it relates to that class or description of motor vehicle
  2. Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185 is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving license held by such person. 
  3. If a driving license is cancelled or suspended under this section, the Court shall take the driving license in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving license so endorsed to the authority by which the license was issued or last renewed and such authority shall, on receipt of the license, keep the license in its safe custody, and in the case of a suspended license, return the license to the holder thereof after the expiry of the period of suspension on an application made by him for such return:
Provided that no such license shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the license was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8. 
  4. If a license to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a license shall be debarred from holding, or obtaining, any license to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving license remains in force.
 
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