Licensing under the Motor Vehicles Act,1988

Licensing under the Motor Vehicles Act,1988 written by Samyukta P. Menon student of National University of Advanced Legal Studies

During the olden days that means prior to the 1988 Act, not much legislations were there to prevent motor vehicle accidents. The Fatal Accidents Act, 1885 was enacted to provide only a procedure and a right legal heir to claim compensation from the person committing negligence. Since there was an increase in automation it also leads to an increase in accidents and there was an increase in the loss of life and property. An effective law is needed to be brought in for this purpose.

INTRODUCTION

The Central Government deals with the subject of motor vehicles separately. The Motor Vehicle Laws in India are dealt with by the Ministry of Road Transport and Highways. The Motor Vehicles Act of 1988 is comprehensive legislation. The Bill received the assent of the President on October 14th, 1988. The latest amendment was made in 2019. Passed in the year 1988, it regulates almost all road transport vehicles. It can be considered as a mixture of early legislation and case laws. It is mandatory under the Motor Vehicles Act to have a valid driving license and it should be registered under the Act. Under the Act, the civil proceedings happen in the Claims Tribunal and criminal proceedings in Magistrate.
The changes in road transport technology, the pattern of passengers, developments in the road network in the country are all taken into consideration by this Act. There are various concepts that come under this Act. Chapter 11 provides for insurance of motor vehicles against third party risk and Chapter 12 talks about the constitution of the Claims Tribunal and adjudication of claim-related matters.

LICENSING UNDER THE MOTOR VEHICLES ACT,1988

A driving license in India is an essential document for car/bike owners and drivers. It is a legal document that permits one to drive a specified vehicle. Driving any vehicle without a license can land you in the zone of troubles, including monetary compensations and disqualifications.
It is the most important document which a car driver should own. In case, you are pulled over by a police officer, the first and foremost thing he will ask is to show your license. Without it, there is no right to operate a vehicle on public roadways. This is a universally accepted form of personal identification because it contains contact info and a picture for identification. In case, the driver met with an accident, the first thing we can do is to find the license to identify. The name and address will help the people to locate and contact family members to inform them and the hospital staff can use this information on the driver’s license to begin the admission process.
There are various sections in this Act that deals with licensing. This article primarily focuses on the driver’s license. The relevant sections of this discussion are Section 2(10) and Section 2(19), Section 3, Section 8 to 10, Section 15, Section 16, Section 19, Section 21 and Section 22 and at last Section 181.

SECTIONS: –

1. Section 2(10)- Section 2(10) defines the term ‘driving license’ which means the license issued by a competent authority under Chapter II authorizing the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description.
   Section 2(19)- ‘learner’s license’ means the license issued by a competent authority under Chapter II authorizing the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description. These are the basic sections that make us understand the meaning of the term ‘license’ and ‘learners license’
2. Section 3- From this section begins Chapter II titled ‘Licensing of Drivers of Motor Vehicles’. Section 3(1) states that no person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorizing him to drive the vehicle.
   Whereas clause (2) states that the conditions subject to which (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.
   So we see that clause (1) provides for the need to have a license to drive a motor vehicle and gives special authorization to drive a transport vehicle. It is said that what vehicle is specified in the license, only that vehicle can be driven. The next clause empowers the Central Government to prescribe conditions subject to which a vehicle may be driven by a person receiving instructions in driving.
3. Section 8- This section deals with the grant of a learner’s license. Learners license is issued during the course of learning to drive the car. We have to pass the learners’ test to get this license. After that, we will have another test which should be taken within 6 months after which we will get a valid driving license.
   According to this Act, a person under the age of 18 years shall not drive a motor vehicle at any public place and 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. According to (1) of section 8, “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 apply to the licensing authority having jurisdiction in the area-
   i) in which he resides and
   ii) in which the driving school or establishment where he intends to receive instruction in driving a motor vehicle is situated.
   The next clause talks about the application for a learner’s license. (2) Every application shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the Central Government.
   The need for a medical certificate for application is stated in the next clause.
   (3) Every application shall be in such form and shall be accompanied by a medical certificate in the form prescribed by the Central Government and signed by a registered medical practitioner.
   (4) If the applicant suffers from any disease or disability which is likely to cause the driving of the specified vehicle as mentioned in the license, to be a source of danger to the general public or passengers, the licensing authority shall refuse to issue such a license.
4. Section 9- This section deals with the grant of a driving license. The first and second clauses are similar to that of section 8. The third clause is added through the 1994 Amendment. It states that if the applicant passes the test prescribed by the Central Government, then the driving license may be issued provided that such test is not necessary if the applicant produces proof to show that he or she had previously held a license to drive that class of a vehicle and the period or gap between the date of application and date of expiry does not exceed 5 years.
5. Section 10- A learner’s license and driving license shall contain information as prescribed by the Central Government. But if a driving license is issued under Section 18, then the situation changes. Section 18 talks about the licenses to drive motor vehicles belonging to the Central Government. In such situations, it shall specify the class or description of the vehicle which the driver is entitled to drive and the period for which he is entitled. The authority which issues this license shall request the State Government to furnish information respecting the person as that Government may at any time require. So according to Section 10, both learner’s license and driving license should express the vehicle which he is entitled to drive, namely, Motorcycle with gear and without gear, the invalid carriage which is usually referred to the vehicles used by disabled people, light motor vehicle and motor vehicle of a specified description.
6. Section 15- This is one of the most important sections regarding licensing. It talks about the renewal of the driving licenses. The licensing authority should receive the application for renewal of the license within 30 days after its expiry. If the applicant has attained forty years of age, a medical certificate should be attached along with the application. The second clause states that the application for renewal should be made in such form as prescribed by the Central Government. The fee payable for the renewal is as prescribed by the Central Government. If the application is given more than five years after the expiry of the license, then the licensing authority has the option to refuse the renewal of the driving license. But if the applicant passes the test of competence as referred under section 9, the renewal can take place. According to the last clause of this section, if the issuing authority is not the one who renewed the driving license, then the applicant shall intimate the fact of renewal to the authority to the issuing authority.
7. Section 16- The licensing authority can at any time revoke a driving license on grounds of disease or disability. The medical certificate in the same form as prescribed under section 8 must be attached if the licensing authority has reasonable grounds to believe that the holder of the license is, by virtue of any disease or disability, unfit to drive a motor vehicle and the authority which revoked it, is not the issuing authority, it shall bring to notice this fact of revocation to the issuing authority.
8. Section 19- This section is of utmost importance as it states the powers of the licensing authority to disqualify from holding a driving license. Disqualifying a person means he or she is not permitted from driving or possessing a valid license. It is like a form of suspension. If the authority knows that the holder of the driving license is a criminal or a habitual drunkard, it can disqualify the license. The license can also be disqualified, if he has obtained the said license by fraud or misrepresentation, has committed an act likely to cause nuisance or danger to the public as said by the Central Government, or is a habitual addict to any narcotic drug as mentioned under the Narcotic Drugs and Psychotropic Substances Act. The main difference of this section from Section 20 is that the former is a disqualification by the licensing authority whereas the latter is by the courts. For Section 20, the reasons for disqualification can be from the evidence and hearing of parties. It is a comprehensive evaluation of all courts.
9. Section 181- Chapter 13 of the Motor Vehicles Act,1988 deals with Offences, Penalties, and Procedures.
   We have gone through Sections 3 and 4 which deals with licensing. According to Section 181 if one drives a vehicle in contravention to these sections then he/she shall be punished with imprisonment for a term which may extend to three months or a fine which may extend to five hundred rupees.
   Thus we see that this section checks whether people are driving an authorized vehicle with a valid driving license. Moreover, it discourages minors from driving vehicles without a valid learner’s license.
10. Section 182- This is the last section that will be discussed and it also comes under the same chapter. This section talks about offenses relating to licenses. It states that if a person holds a license which is issued free of endorsement and he applies for a driving license without disclosing the endorsement made on the license previously held by him. The punishment prescribed is imprisonment for a term which may extend to three months or with a fine which may extend to five hundred rupees.

CHANGES BROUGHT ABOUT IN THE AMENDED ACT

The Motor Vehicles Act, 1988 was amended on 9th August 2019. The new Rules wanted to prevent individuals from violating traffic rules. So for this purpose, they have introduced heavy fines for over-speeding, drunken driving, and driving without a valid license.
There were changes in few sections of the 1988 Act. Section 8 which talks about the grant of learner’s license has been modified. Now, an eligible person can apply for this license in any of the licensing authority of the state. The fee and other expenses can be paid through electronic media and also the issuance of the learner’s license in electronic form. Also, the condition of having ‘minimum educational qualification as may be prescribed by the Central Government’ for obtaining a license has been removed. When the applicant does not pass the driving test even after doing it 3 times, in addition to his disqualification to re-appear for the test before the expiry of a period of sixty days from the date of the last test. For that, the person should complete a remedial driver training course from any school or establishment. Then, Section 15 talks about the renewal of the driving license. The renewal is made either one year prior to the date of expiry or within one year after the date of expiry. Furthermore, if the application is made one year after the driving license has expired, the renewal shall be refused. The power of licensing authority to disqualify from holding a driving license or revoke the license is mentioned in Section 19. Even the fine for driving without a valid license is increased from Rs.500 to Rs.5000. (Section 181) and fine for unauthorized use of vehicles without a license is increased from Rs.1000 to Rs.5000.

CONCLUSION

In the present world, we see there is an increasing number of road accidents due to excessive speed, reckless driving, and avoidance of traffic rules. It is mainly due to growing urbanization and rising incomes. The Motor Vehicles (Amendment) Bill, 2019 came up to address various issues like vehicles’ condition, road safety, and compensation for victims of road accidents. The Standing Committee on Transport had observed that the majority of accidents are being caused due to the driver’s fault. It might be also due to any defect of the vehicle. By bringing hefty fines and penalties and in extreme situations canceling their license, they seek to reduce accidents and provide a safe road environment for everyone. Now what is lying ahead should be looked into. Electronic vehicles might replace these fuel vehicles. Changes can also be seen in ‘licensing’ since it’s a vital part of one’s wallet. More states will start supplementing digital with plastic. That means billions of people will be able to show smartphones rather than a plastic card to prove they are eligible to drive. This is a form of an advantage since the people do not want to carry along with them thousands of documents and this physical license card.