The Motor Vehicles Act, 1988
8. Grant of learner's
licence.
- Any person who is
not disqualified under for driving a motor vehicle and who is not for the time
being disqualified for holding or obtaining a driving licence may, subject to
the provisions of , apply to the licensing authority having jurisdiction in
the area--
- in which he
ordinarily resides or carries on business, or
- in which the school
or establishment referred to in from where he intends to receive
instruction in driving a motor vehicle is situate, for the issue to him of
a learner's licence.
- 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.
- 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.
- 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 licence 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 licence:
Provided that a learner's
licence 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.
- No learner's licence
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.
- 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, issue the applicant a learner's licence unless the applicant
is disqualified under for driving a motor vehicle or is for the time being
disqualified for holding or obtaining a licence to drive a motor vehicle:
Provided that a licensing
authority may issue a learner's licence 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.
- 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), or sub-section (5),
or both.
- Any learner's licence
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.
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