The Motor Vehicles Act, 1988
9. Grant of driving
licence.
- Any person who is not
for the time being disqualified for holding or obtaining a driving licence may
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 is receiving or has received
instruction in driving a motor vehicle is situated, for the issue to him of a
driving licence.
- 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.
- No driving licence 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 licence 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--
- that the applicant
has previously held a driving licence and
- that the period between the date
of expiry of that licence and the date of such application does not exceed
five years; or
- that the applicant
holds or has previously held a driving licence issued under or
- that the applicant
holds a driving licence issued by a competent authority of any country outside India;
and
- 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 Provided further that where the application is for a driving licence
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.
- Where the application
is for a licence 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
- 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,--
- in the case of
first three such tests, before a period of one month from the date of last such
test; and
- in the case of
such test after the first three tests,
before a period of one year from the date of last such test.
- 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.
- 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 licence unless the applicant
is for the time being disqualified for holding or obtaining a driving licence:
Provided that a licensing
authority may issue a driving licence 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 licence to the applicant,
if he had previously held a driving licence, unless it is satisfied that
there is good and sufficient reason for his inability to obtain a duplicate
copy of his former licence.
- If the licensing
authority is satisfied, after giving the applicant an opportunity of
being heard, that he--
- is a habitual criminal or a
habitual drunkard; or
- is a
habitual addict to any narcotic drug
or psychotropic substance within the meaning of the Narcotic Drugs
(61 of 1985.) or
- is a person whose licence 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 licence 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.
- Any driving 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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