Chapter 02 Licensing of Drivers of Motor Vehicles
Section 09: Grant of driving license
a. 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—
- in which he ordinarily resides or carries on business,
or
- 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.
b. 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.
c. 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—
- —
- 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
- the applicant holds or has previously held a driving
license to drive such class of vehicle issued under section 18, or
- 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 8,
- the applicant is not suffering from any disability
which is likely to cause the driving by him 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:
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 certificate issued by any institution recognised in this behalf by the State Government.
d. 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.
e. Where the applicant
does not pass the test, he may be permitted to re-appear 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.
f. 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.
g. 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.
h. 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 and
Psychotropic Substances Act, 1985 (61 of 1985); or
- 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.
i. 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.