CHAPTER I
PRELIMINARY
1. Short title,
extent and commencement-
(1) This Act may be called the Motor Vehicles Act, 1988.
(2) It extends to the whole of India.
(3) It shall come into
force on such date as the central Government may, by notification in the
Official Gazette, appoint; and different dates may be appointed for different
States and any reference in this Act to the commencement of this act shall, in
relation to a State, be construed as a reference to the coming into force of
this Act in that State.
2. Definitions-
In this Act, unless the context otherwise requires,-
(1) "area," in relation to any provision of this Act,
means such area as the State Government
may, having regard to the requirements of that provision, specify by
notification in the Official Gazette;
(2) "articulated vehicle" means a motor vehicle to which
a semi-trailer is attached;
(3) "axle weight" means in relation to an axle of a
vehicle the total weight transmitted by the several wheels attached to that axle
to the surface on which the vehicle rests;
(4) "certificate of registration" means the certificate
issued by a competent authority to the effect that a motor vehicle has been duly
registered in accordance with the provisions of Chapter IV;
(5) "conductor", in relation to a stage carriage, means a
person engaged in collecting fares from passengers, regulating their entrance
into, or exit from, the stage carriage and performing such other functions as
may be prescribed;
(6) "conductor's license" means the license issued by a
competent authority under Chapter III authorising the person specified therein
to act as a conductor;
(7)
"contract carriage" means a motor vehicle which carries a passenger or
passengers for hire or reward and is engaged under a contract, whether expressed
or implied, for the use of such vehicle as a whole for the carriage of
passengers mentioned therein and entered into by a person with a holder of a
permit in relation to such vehicle or any person authorised by him in this
behalf on a fixed or an agreed rate or sum-
(a) on a time basis, whether or not with reference to any route or
distance; or
(b) from one point to another; and in either case, without stopping
to pick up or set down passengers not included in the contract anywhere during
the journey, and includes-
(i)
a maxicab; and
(ii) a motor-cab notwithstanding that separate fares are charged
for its passengers;
(8) "dealer" includes a person who is engaged
1[a)
* *
* * *]
(b)
in building bodies for attachment to chassis; or
(c)
in the repair of motor vehicles; or
(d) in the business of hypothecation, leasing or hire-purchase of
motor vehicles;
(9) "driver" includes, in relation to a motor vehicle
which is drawn by another motor vehicle, the person who acts as a steersman of
the drawn vehicle;
(10) "driving license" means the license issued by a
competent authority under Chapter II authorising the person specified therein to
drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any
specified class or description;
(11) "educational institution bus" means an omnibus,
which is owned by a college, school or other educational institution and used
solely for the purpose of transporting students or staff of the educational
institution in connection with any of its activities;
(12) "fares" includes sums payable for a season ticket or
in respect of the hired of contract carriage;
(13) "goods" includes lives-stock, and anything (other
than equipment ordinarily used with the vehicle) carried by a vehicle except
living persons, but does not include luggage or personal luggage of passengers
travelling in the vehicle;
(14) "goods carriage" means any motor vehicle constructed
or adapted for use solely for the carriage of goods, or any motor vehicle not so
constructed or adapted when used for the carriage of goods;
(15) "gross vehicle weight' means in respect of any vehicle
the total weight of the vehicle and load certified and registered by the
registering authority as permissible for that vehicle;
(16) "heavy goods vehicle" means any goods carriage the
gross vehicle weight of which, or a tractor or a road-roller the unladen weight
of either of which, exceeds 12,000 kilograms;
(17) "heavy passenger motor vehicle" means any public
service vehicle or private service vehicle or educational institution bus or
omnibus the gross vehicle weight of any of which, or a motor car the unladen
weight of which, exceeds 12,000 kilograms;
(18) "invalid carriage" means a motor vehicle specially
designed and constructed, and not merely adapted, for the use of a person
suffering from some physical defect or disability, and used solely by or for
such a person;
(19) "learner's license" means the license issued by a
competent authority under Chapter II authorising the person specified therein to
drive as a learner, a motor vehicle or a motor vehicle of any specified class or
description;
(20) "licensing authority" means an authority empowered
to issue licenses under Chapter II or, as the case may be, Chapter III;
(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 1[7,500]
kilograms;
2[(21A) "manufacturer" means a person who is engaged in
the manufacture of motor vehicles;]
(22) "maxi cab" means any motor vehicle constructed or
adapted to carry more than six passengers, but not more than twelve passengers,
excluding the driver, for hire or reward;
(23) "medium goods vehicle" means any goods carriage
other than a light motor vehicle or a heavy goods vehicle;
(24) "medium passenger motor vehicle" means any public
service vehicle or private service vehicle, or educational institution bus other
than a motor cycle, invalid carriage, light motor vehicle or heavy passenger
motor vehicle;
(25) "motor cab" means any motor vehicle constructed or
adapted to carry not more than six passengers excluding the driver for hire or
reward;
(26) "motor car" means any motor vehicle other than a
transport vehicle, omnibus, road-roller, tractor, motor cycle or invalid
carriage;
(27) "motor cycle" means a two-wheeled motor vehicle,
inclusive of any detachable sidecar having an extra wheel, attached to the motor
vehicle;
(28) "motor vehicle" or "vehicle" means any
mechanically propelled vehicle adapted for use upon roads whether the power of
propulsion is transmitted thereto from an external or internal source and
includes a chassis to which a body has not been attached and a trailer; but does
not include a vehicle running upon fixed rails or a vehicle of a special type
adapted for use only in a factory or in any other enclosed premises or a vehicle
having less than four wheels fitted with engine capacity of not exceeding
1[twenty-five cubic centimeters];
(29) "omnibus" means any motor vehicle constructed or
adapted to carry more than six persons excluding the driver;
(30) "owner" means a person in whose name a motor vehicle
stands registered and, where such person is a minor, the guardian of such minor,
and in relation to a motor vehicle which is the subject of a hire purchase,
agreement, or an agreement of lease or an agreement of hypothecation, the person
in possession of the vehicle under that agreement;
(31) "permit" means a permit issued by a State or
Regional Transport Authority or an authority prescribed in this behalf under
this Act authorising the use of a motor vehicle as a transport vehicle;
(32) "prescribed" means prescribed by rules made under
this Act;
(33) "private service vehicle" means a motor vehicle
constructed or adapted to carry more than six persons excluding the driver and
ordinarily used by or on behalf of the owner of such vehicle for the purpose of
carrying persons for, or in connection with, his trade or business otherwise
than for hire or reward but does not include a motor vehicle used for public
purposes;
(34) "public place" means a road, street, way or other
place, whether a thoroughfare or not, to which the public have a right of
access, and includes any place or stand at which passengers are picked up or set
down by a stage carriage;
(35) "public service vehicle" means any motor vehicle
used or adapted to be used for the carriage of passengers for hire or reward,
and includes a maxi-cab, a motor-cab, contract carriage;
(36) "registered axle weight" means in respect of the
axle of any vehicle, the axle weight certified and registered by the registering
authority as permissible for that axle;
(37) "registering authority" means an authority empowered
to register motor vehicles under Chapter IV;
(38) "route" means a line of travel which specifies the
highway which may be traversed by a motor vehicle between one terminus and
another;
2[(39) "semi-trailer" means a vehicle not mechanically
propelled (other than a trailer), which is intended to be connected to a motor
vehicle and which is so constructed that a portion of it is super-imposed on,
and a part of whose weight is borne by that motor vehicle;]
(40) "stage carriage" means a motor vehicle constructed
or adapted to carry more than six passengers excluding the driver for hire or
reward at separate fares paid by or individual passengers, either for the whole
journey or for stages of the journey;
(41) "State Government" in relation to Union territory
means the administrator thereof appointed under article 239 of the Constitution;
(42) "State transport undertaking" means any undertaking
providing road transport service, where such undertaking is carried on by,-
(i) the Central Government or a State Government;
(ii) any Road Transport Corporations established under section 3 of
the Road Transport Corporations Act, 1950 (64 of 1950);
(iii) any municipality or any corporation or company owned or
controlled by the Central Government or one or more state governments, or by the
central government and one or more
State Governments.
1[(iv)
Zilla Parishad or any other similar local authority.]
Explanation - for the purpose of this clause, "road transport
service" means a service of motor vehicles carrying passengers or goods or
both by road for hire or reward;
(43) "tourist vehicle" means a contract carriage
constructed or adapted and equipped and maintained in accordance with such
specifications as may be prescribed in this behalf;
(44) "tractor" means a motor vehicle which is not itself
constructed to carry any load (other than equipment used for the purpose of
propulsion); but excludes a road-roller;
(45) "traffic signs" includes all signals, warning sign
posts, direction posts, markings on the road or other devices for the
information, guidance or direction of drivers of motor vehicles;
(46) "trailer" means any vehicle, other than a
semi-trailer and a side-car drawn or intended to be drawn by a motor vehicle;
(47) "transport vehicle" means a public service vehicle,
a goods carriage, an educational institution bus or a private service vehicle;
(48) "unladen weight" means the weight of a vehicle or
trailer including all equipment ordinarily used with the vehicle or trailer when
working, but excluding the weight of a driver or attendant; and where
alternative parts or bodies are used the unladen weight of the vehicle means the
weight of the vehicle with the heaviest such alternative part or body;
(49) "weight" means the total weight transmitted for the
time being by the wheels of a vehicle to the surface on which the vehicle rests.
LICENSING
OF DRIVERS OF MOTOR VEHICLES
3. 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 authorising him to drive the vehicle;
and no person shall so drive a transport vehicle (other than 1[a motor cab or
motor cycle] 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 by
prescribed by the Central Government.
4.
Age
limit in connection with driving of motor vehicles -
(1) No
person under the age of eighteen year shall drive a motor vehicle in any public
place.
Provided
that 2[a motor cycle with engine capacity not exceeding 50 cc] may be driven in
a public place by a person after attaining the age of sixteen years.
(2) Subject
to the provisions of section 18, 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.
5. Responsibility of
owners of motor vehicles for contravention of sections 3 and 4-
No owner or person in charge of a motor vehicle shall cause or permit any person
who does not satisfy the provisions of section 3 or section 4 to drive the
vehicles.
6. Restrictions on the
holding of driving license-
(1) No
person shall, while he holds any driving license or a driving license issued in
accordance with the provisions of section 18 or a document authorising, in
accordance with he 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 authorities the holder to drive.
7.
Restrictions on the granting of learner's licenses for certain
vehicles-
3[(1) No
person shall be granted a learner's license
to drive a transport vehicle unless he has held a driving license to drive a
light motor vehicle for at least one year.]
(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.
(1) Any person who is
not disqualified under section 4 section 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-
(i) in which he ordinarily resides or carriers on business, or
(ii)in which the
school or establishment referred to in section 12 from where he intends to
receive instruction in driving a motor vehicle is situated, 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, as 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.
1[Provide
that no such medical certificate is required for license to drive a vehicle
other than a transport vehicle.]
(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 passed to the
satisfaction of the licensing authority such test as may be prescribed by the
Central Government.
(6) When an
applicant has been duly made to the appropriate licensing authority and the
applicant has satisfied such authority of his physical fitness under subsection
(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
of a light motor vehicle notwithstanding that 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, exempt 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), 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.
(1)
Any a 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_
(i)
in which he ordinarily resides or carries on business, or
(ii) 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 from and shall be accompanied
by such fee and such documents as may be prescribed by the Central Government.
1[(3) If the
applicant passes such test as may be prescribed by the Central Government, he
shall be issued the driving license.
Provided
that no such test shall be necessary where the applicant produces proof to show
that-
(a)
(i) the applicant has previously held a driving license to drive
such class of vehicle and that the period between the date of expiry of that
license and the date of the application does not exceed five years, or
(ii) the applicant holds or has previously held a driving license
to drive such class of vehicle issued under section 18, or
(iii) the applicant
holds a driving license to drive such class of vehicle issued by a competent
authority of any country outside India, subject to the condition that the
applicant complies with the provisions of sub-section (3) of section
(b)
the applicant is not suffering from any disability which is likely
to cause the driving by him to be 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 from and in the same manner as is referred to in
sub-section (3) of section 8.
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 a vehicle prescribed under this
sub-section, if the applicant possesses a driving issued by any institution
recognized 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 qualifications as may be prescribed by the Central Government and a
driving certificate issued by a school or establishment referred in section 12.
(5) Where
the applicant does not pass the test, he may be permitted to reappear for the
test after a period of seven days.
Provided
that where the applicant does not pass the test even after three appearances, he
shall not be qualified to re-appear for such test before the expiry of a period
of sixty days from the date of last such test.]
(6) The test
of competence to drive shall be 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, if 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 driving license unless
the applicant is for the time being disqualified for holding or obtaining a
driving license.
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 in ability 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-
(a) is a habitual criminal or a habitual drunkard; or
(b) 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)
(c) is a person
whose license to drive any motor vehicle has, at any time earlier, been revoked,
it may, for
reasons to be recorded in 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.
10.
Form and contents of licenses to drive-
(1) Every learner's license and driving license, except a driving
license 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 license or, as the case may be, driving license
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;
1[(e) transport vehicle;]
(i) road-roller
(j) motor vehicle so a specified description.
11.
Additions to driving license-
(1)
Any person holding a driving license to drive any class or description of motor
vehicles, who is not for the time being disqualified for holding or obtaining a
drive any other class or description of motor vehicles, may apply to the
licensing authority having jurisdiction in the area in which he residence or
carries on his business in such form and accompanied by such documents and with
fees as may be prescribed by the Central Government for the addition of such
other class or description of motor vehicles to the license.
(2) Subject
to such rules as may be prescribed by the Central Government, the provisions of
section 9 shall apply to an application under this section as if the said
application was for the grant of a license under that section to drive the class
or description of motor vehicles which the applicant to be added to his license.
12.
Licensing and regulation of schools or establishments for
imparting instruction in driving of motor vehicles-
(1) The Central Government may make rules for the purpose of
licensing and regulating, by the State Government, schools or establishment (by
whatever name called) for imparting instructing in driving of motor vehicles and
matter connected therewith.
(2) In
particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or the following matters, namely -
(a) licensing
of such schools or establishments including grant, renewal and revocation of
such licenses.
(b) supervision of such schools or establishments;
(b) the
form of application and the form of license and the particulars to be contained
therein;
(d) fee to be paid with the application for such licenses;
(e) conditions subject to which such licenses may be granted;
(f) appeals against the orders of refusal to grant or renew such
licenses and appeals against
the orders revoking such licenses;
(g) conditions subject to which a person may establish and maintain
any such school or establishment
for imparting instruction in driving of motor vehicles;
(h) nature, syllabus and duration of course for efficient
instruction in driving any
motor vehicle;
(i) apparatus and equipment (including motor vehicles fitted with
dual control required for the purpose of imparting such instruction;
(j) suitability of the premises at which such schools or
establishments may be
established or maintained and facilities to be provided therein;
(k) qualifications, both educational and professional (including
experience), which a person imparting instruction in driving a motor vehicles
maintained by them for imparting such instruction);
(l) inspection of such schools and establishments (including the
services rendered by them and the apparatus, equipment and motor vehicles
maintained by them for imparting such instruction.
(m) maintenance of records by such schools or establishments;
(n) financial stability of such schools or establishments;
(o) the driving certificates, if any, to be issued by such schools
or establishments and the
form in which such driving certificates shall
be issued and the requirements to be complied with for the purpose of
issuing such certificates;
(p) such other
matters as may be necessary to carry out the purposes of this section.
(3) Where
the Central Government is satisfied that it is necessary or expedient so to do,
it may, by rules made in this behalf, exempt generally, either absolutely or
subject to such conditions as may be specified in the rules, any class of
schools or connected therewith from the provisions of this section.
(4) A school or establishment imparting instruction in driving of
motor vehicles or matters connected therewith immediately before the
commencement of this Act whether under a license or not, may continue to impart
such instruction without a license issued under this Act for a period of one
month from such commencement, and if it has made an application is in the
prescribed form, contains the prescribed particulars and is accompanied by the
prescribed fee, till the disposal of such application by the licensing
authority.
13.
Extent of effectiveness of licenses, to drive motor vehicles-
A learner's
license issued under this Act shall, be effective throughout India.
14.
Currency of licenses to drive motor vehicles -
(1) A
learner's license issued under this Act shall, subject to the other provisions
of this Act, be effective for a period of six month from the date of issue of
the license.
(2) A
driving license issued or renewed under this Act shall,-
(a) in the case of a license to drive a transport vehicle, be
effective for a period of three years :
2[Provided that in the case of license to drive a transport vehicle
carrying goods of dangerous or hazardous nature be effective for a period of one
year renewal thereof shall be subject to the condition that the driver undergoes
one day refresher course of the of the prescribed syllabus; and]
(b) in the case of any other license,-
(i) if the person obtaining the license, either originally or on
renewal thereof, has not attained the age of 3[fifty years] on the date of issue
or, as the case may be, renewal thereof,-
(A) be effective for a period of twenty years from the date of such
issue or renewal; or
(B) until the date
on which such person attains the age of 1[fifty years], whichever is earlier;
2[(ii) if the
person referred to in sub-clause (i), has attained the age of fifty years on the
date of issue or as the case may be, renewal thereof, be effective, on payment
of such fee as may be prescribed, for a period of five years from the date of
such issue or renewal;]
Provided
that every driving license shall, notwithstanding its expiry under this
sub-section, continue to be effective for a period of thirty days from such
expiry.
15.
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 form 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 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 be authority which
issued the driving license.
16.
Revocation of driving license on grounds of disease or
disability-
Notwithstanding
anything contained in the foregoing section, any licensing authority may at any
time revoke a driving license or may require, as a condition of continuing to
hold such driving license, the holder thereof 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, if the licensing authority has reasonable grounds to believe that the
holder of the driving license is, by virtue of any disease or disability, unfit
to drive a motor vehicle and where the authority revoking a driving license is
not the authority which issued that license.
17.
Orders refusing or revoking driving licenses and appeals there
from-
(1) Where a
licensing authority refuses to issue any learner's license or to issue or renew,
or revokes, any driving license, or refuses to add a class or description of the
applicant or the holder, as the case may be, giving the reasons in writing for
such refusal or revocation.
(2) Any
person aggrieved by an order made under sub-section (1) may, within thirty days
of the service on him of the order, appeal to the prescribed authority which
shall decide the appeal giving such person and the authority which made the
order an opportunity of being heard and the decision of the appellate authority
shall be binding on the authority which made the order.
18.
Driving licenses to drive motor vehicles, belonging to the
Central Government-
(1) Such
authority as may be prescribed by the Central Government may issue driving
license valid throughout India to persons who have completed their eighteenth
year to drive motor vehicles which are the property or for the time being under
exclusive control, of the Central Government and are used for Government purpose
relating to the defense of the country and unconnected with any commercial
enterprise.
(2) A
driving license issued under this section shall specify the class or description
of vehicle which the holder is entitled to drive and the period for which he is
so entitled.
(3) A
driving license issued under this section shall not entitle the holder to drive
any motor vehicle except a motor vehicle referred to in sub-section (1)
(4) The
authority issuing any driving license under this section shall at the request of
any State Government, furnish such information respecting any person to whom a
driving license is issued as that Government may at any at any time require.
19.
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 -
(a) is a habitual criminal or a habitual drunkard; or
(b) 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
(c) is using or
has used a motor vehicle in the commission of a cognizable offence; or
(d) 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
(e) has obtained
any driving any driving license or a license to drive a particular class or
description of motor vehicle by fraud or misrepresentation; or
(f) has committed
any such act which his likely to cause nuisance or danger to the public, as may
be prescribed by the Central Government, having regard to the objects of this
Act; or
(g) has failed to
submit to, or has not passed, the tests referred to in the provision to
sub-section (3) of section 22; or
(h) 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, reasons to be recorded in writing, make an order-
(i) 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
(ii) 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,-
(a) if the driving license is a driving license issued under this
Act, keep it until the disqualification has expired or has been removed, or
(b) if the not a driving license issued under this Act, endorse the
disqualification upon it and sent it to the licensing authority by which it was
issued; or
(c) 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.
20.
Power of Court to disqualify -
(1) Where a
person is convicted of an offence under this Act or of an offence in the
commission of which a motor vehicle was used, the Court by which such person is
convicted may, subject to the provisions of this Act, in addition to imposing
any other punishment authorised by law, declare the persons so convicted to be
disqualified, for such period as the Court may specify, from holding any driving
license to drive all classes or description of vehicles, or any particular class
or description of such vehicles, as are specified in such license.
Provided
that in respect of an offence punishable under section 183 no such order shall
be made for the first or second offence.
(2) Where a
person is convicted of an offence under clause (c) of sub-section(1) of section
132, section 134 or section 185, the Court convicting any person of any such
offence shall order the disqualification under sub-section (1), and if the
offence is relatable to clause (c) of sub-section (1) of section 132 or section
134, such disqualification shall be for a period of not less than one month, and
if the offence is relatable to section 185, such disqualification shall be a
period of not less than six months.
(3) A Court
shall, unless for special reasons to be recorded in writing it thinks fit to
order otherwise, order the disqualification of a person-
(a)
who having
been convicted of an offence punishable under section 184 is again convicted of
an offence punishable under that section,
(b) who
is convicted of an offence punishable under section 189, or
(c)
who is convicted of an offence punishable under section 192.
Provided
that the period of disqualification shall not exceed, in the case referred to in
clause (a), five years, or, in the case referred to in clause (b), two years or,
in the referred to in clause (c), one year.
(4) A Court
ordering the disqualification of a person convicted of an offence punishable
under section 184 may direct that such person shall, whether he has previously
passed the test of competence to drive as referred to in sub-section (3) the
order of disqualification passed that test satisfaction of the licensing
authority.
(5) The
Court to which an appeal would ordinarily lie from any conviction of an offence
of the nature specified in sub-section notwithstanding that no appeal would lie
against the conviction a result to which such order of disqualification was
made.
21.
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-
(a) for a period of six months from the date on which the case is
registered, or
(b) 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 an acquitted or
discharged the Court shall cancel the endorsement on such driving license with
regard to the suspension thereof.
(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 suspension of the
driving license remains in force.
22.
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 person, 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 is so far as it relates to that class 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 an 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.
23.
Effect of disqualification order-
(1)
A person in respect of whom any disqualification order is made under
section 19 or section 20 shall be debarred to the extent and for the period
specified in such order from holding or obtaining a driving license and the
driving license, if any, held by such person at the date of the order shall
cease 4 to be effective to such extent and during such period.
(2)
The operation of a disqualification order made under section 20 shall not
be suspended or postponed while an appeal is pending against such order or
against the conviction as a result, if any, held by such person at the date of
the order shall cease to be effective to such extent and during such period.
(3)
Any person in respect of whom any disqualification order has been made
may at any time after the expiry of six months from the date of the order apply
to the Court or other authority by which the order was made, to remove the
disqualification; and the Court or authority, as the case may be, may, having
regard to all the circumstance, either cancel or very the disqualification
order.
Provided
that where the Court or other authority refuses to cancel or vary any
disqualification order under this section, a second application thereunder shall
not be entertained before the expiry of a three months from the date of such
refusal.
24.
Endorsement-
(1)
The Court authority making an order of disqualification shall endorse or
cause to be endorsed upon the driving license if any, held by the person
disqualified, particulars of the order of disqualification is made; and
particulars of any cancellation or variation of an order of disqualification
made under sub-section(3) of section 23 shall be similarly so endorsed.
(2)
A Court by which any person is convicted of an offence under this Act as
may be prescribed by the Central Government, having regard to the objects of
this Act, shall, whether or not a disqualification order is made in respect of
such conviction, endorse or cause to be endorsed particulars at such conviction
on any driving license held by the person convicted.
(3)
Any person accused of an offence prescribed under sub-section (2) shall
when attending the Court bring with him his driving license if it is in his
possession.
(4)
Where any person is convicted of any offence under this Act and sentenced
to imprisonment for a period exceeding three months, the Court awarding the
sentence shall endorse the fact of such sentence upon the driving license of the
person concerned and the prosecuting authority shall intimate the fact of such
endorsement to the authority by which the driving license was granted or last
renewed.
(5)
When the driving license is endorsed or caused to be endorsed by any
Court, such Court shall send the particulars of the endorsement to the licensing
authority by which the driving license was granted or last renewed.
(6)
Where on an appeal against any conviction or order of a Court, which has
been endorsed on a driving license, the Appellate or last renewed and such
authority shall amend or cause to be amended the endorsement.
25.
Transfer of endorsement and issue of driving license free from
endorsement-
(1)
An endorsement on any driving license shall be transferred to any new or
duplicate driving license obtained by the holder thereof until the holder
becomes entitled under the provisions of this section to have a driving license
issued to him free endorsement.
(2)
Where a driving license is required to be endorsed and the driving
license is not in the possession of the Court or authority by which the
endorsement is to be made, than-
(a) if the person in respect of whom the endorsement is to be made
is at the time the holder of a driving license, he shall produce the driving
license to the Court or authority within five days, or such longer time as the
Court or authority may fix; or
(b) if, not being then the holder of a driving license, he
subsequently obtains a driving license, he shall within five days after
obtaining the driving license produce it to the Court or authority;
and if the
driving license is not produced within the time specified, it shall, on the
expiration of such time, be of no effect until it is produced for the purpose of
endorsement.
(3) A person whose driving
license has been endorsed shall, if during a continuous period of three years
after such endorsement no further endorsement has been made against him, be
entitled on surrendering his driving license and on payment of a fee of five
rupees, to receive a new driving license free from all endorsements.
Provided
that if the endorsement is only in respect of an offence contravening the speed
limits referred to in section 112, such person shall be entitled to receive a
new driving license free from such endorsements on the expiration of one year of
the date of the endorsement.
Provided
further that in reckoning the said period of three years and one year,
respectively, any period during which
the said person was disqualified for holding or obtaining a driving license
shall be excluded.
26.
Maintenance of State Registers of Driving Licenses-
(1)
Each State Government shall maintain, in such form as may be prescribed
by the Central Government, a register to be known as the State Register of
Driving Licenses, in respect of driving licenses issued and renewed by the
licensing authorities of the State Government, containing the following
particulars, namely:-
(a) names and addresses of holders of driving licenses;
(b) license numbers;
(c) dates of issue or renewal of license;
(d) dates of expiry of licenses;
(e) classes and types of vehicles authorised to be driven; and
(f) such other particulars as the Central Government may prescribe.
(2)
Each State Government shall supply to the Central Government a 1[printed
copy or copy in such other form as the Central Government may require], of the
State Register of Driving License and shall inform the Central Government with
out delay of all additions so and other amendments in such register made from
time to time.
(3)
The State Register of Driving Licenses shall be maintained in such manner
as may be presented by the State Government.
27.
Power of Central Government to make rules-The Central
Government may make rules-
(a)
regarding conditions referred
to in sub-section (2) of section 3;
(b)
providing for the form in
which the application for learner's license may be made, the information it
shall contain and the documents to be submitted with the application referred to
in sub-section(2) of section 8;
(c) providing for the form of medical certificate referred to in
sub-section 8;
(d) providing for the particulars for the test referred to in
sub-section(5) of section 8;
(e) providing for the form in which the application for driving license
may be made, the information it shall contain and the documents to be submitted
with the application referred to in sub-section(2) of section 9;
(f) providing for the particulars regarding test of competence to drive
referred to in sub-section (3) of section 9;
(g) specifying the minimum educational qualifications of person to whom
licenses to drive transport vehicles may be issued under this Act and time
within which such qualification are to be acquired by such persons;
(h)
providing for the form and content of the license referred to in sub-section (1)
of section 10;
(i) providing for the form and contents of the application referred
to in sub-section (1) of section 11 and document to be submitted with the
application and the fee to be charged;
(j) providing for the conditions subject to which section 9 shall
apply to an application made under section 11;
(k) providing for the form and contents of the application referred to in sub-section (1) of section
15 and the documents to accompany such application under sub-section (2) of
section 15;
(l) providing for the authority to grant licenses under sub-section
(1) of section 18;
(m) specifying the fees payable under sub-section (3) and (4) of
section 15 for the grant of learners licenses, and for the grant and renewal of
driving licenses and licenses for the purpose of regulating the schools or
establishment for imparting instruction in driving motor vehicles;
(n) specifying the acts for the purposes of clauses (f) of
sub-section (1) of section 19;
(o) specifying the offences under this Act for the purposes of
sub-section (2) of section 24;
(p) to provide for all or any of the matters referred to in
sub-section (1) of section 26;
(q) any other matter which is, or has to be, prescribed by the
Central Government.
28.
Power of State Government to make rules-
(1)
A State Government may make rule for the purpose of carrying into effect
the provisions of this Chapter other than the matters specified in section 27.
(2)
Without prejudice to the generality of the foregoing power, such rules
may provide for-
(a) the appointment, jurisdiction, control and functions of
licensing authorities and other prescribed authorities;
(b) the conduct and hearing of appeals that may be preferred under
this Chapter, the fees to be paid in respect of such appeals and the refund of
such fees.
Provided that no fee so fixed shall exceed twenty-five rupees;
(c) the issue of duplicate license to replace licenses lost,
destroyed or mutilated, the replacement of photographs which have become
obsolete and the fees to be charged therefor;
(d) the badges and uniform to be worn by drivers of transport
vehicles and the fees to be paid in respect of badges;
(e) the fee payable for the issue of a medical certificate under
sub-section (3) of section 8;
(f) the exemption of prescribed persons, or prescribed classes of
persons, from payment of all or any portion of the fees payable under this
Chapter;
(g) the communication of particulars of licenses granted by one
licensing authority to other licensing authorities ;
(h) the duties, functions and conduct of such persons to whom
licenses to drive transport vehicles are issued;
(i) the exemption of drivers of road-rollers from all or any of the
provisions of this Chapter or of the rules made thereunder;
(j) the manner in which the State Register of Driving Licenses
shall be maintained under section 26;
(k) any other matter which is to be, or may be, prescribed.