Licensing of Drivers of Motor Vehicle
Q : What are the conditions under which a person with a learner's license can legally drive a vehicle?
According to the Central Motor Vehicle Rules, 1989 learner's license can legally drive a vehicle under the following conditions:
1. The learner must hold an effective learner's license issued in Form 3.
2. The learner must be accompanied by an instructor who holds an effective driving license and is in a position to control or stop the vehicle.
3. The vehicle must display a red letter "L" on a white background both at the front and rear, with specific size requirements: the "L" must be at least 10 cm high, 2 cm thick, and 9 cm wide at the bottom, and the total sign must not be less than 18 cm².
4. If learning to drive a motorcycle (with or without a side-car), the learner cannot carry any other person on the motorcycle.
Q : What documents can an applicant present as proof of address and age when applying for a driving license?
An applicant can present the following documents as proof of address and age:
1. Electoral Roll
2. Life Insurance Policy
3. Passport
4. Pay slip issued by any Central or State Government office or local body
5. School certificate
6. Birth certificate
7. Certificate from a registered medical practitioner not below the rank of a Civil Surgeon certifying the applicant’s age
8. Any other document prescribed by the State Government
9. For foreigners, proof of legal presence in India, in addition to proof of residence
10. If an applicant is unable to produce the required documents, the licensing authority may accept an affidavit sworn before an Executive Magistrate, First Class Judicial Magistrate, or Notary Public as evidence of age and address.
Q : What should be included on the plate or card used to display the "L" symbol on a learner's vehicle?
The plate or card displaying the "L" symbol should include:
1. The letter "L" in red on a white background.
2. The "L" should be at least 10 cm high, 2 cm thick, and 9 cm wide at the bottom.
3. The plate or card should be painted or affixed to the front and rear of the vehicle, with the total area not being less than 18 cm².
Q : What should a learner driver do if they are unable to carry the required documents for address and age verification?
If a learner driver is unable to carry the required documents for address and age verification, the licensing authority may accept an affidavit sworn by the applicant before an Executive Magistrate, First Class Judicial Magistrate, or Notary Public as evidence of age and address.
Q : What are the exemptions related to the production of a medical certificate?
If a person has previously produced a medical certificate for obtaining or renewing a learner's or driving license, or for adding another class of motor vehicles to their license, they are exempt from producing a new medical certificate except when applying for the renewal of a driving license.
Q : What are the requirements for affixing a photograph to a medical certificate?
The photograph of the applicant must be affixed in the designated area on Form 1-A. The registered medical practitioner must sign and seal the photograph so that the signature and seal appear partially on the photograph and partially on the form.
Q : What is the minimum educational qualification required for obtaining a driving license for transport vehicles?
The minimum educational qualification required for obtaining a driving license to drive a transport vehicle is passing the eighth standard. This requirement does not apply to:
1. Renewal of a driving license for a transport vehicle.
2. Addition of another class of transport vehicle to a driving license held before the commencement of the Motor Vehicles (Amendment) Rules, 2007.
Q : What are the training requirements for driving an E-rickshaw or E-cart?
For obtaining a license to drive an E-rickshaw or E-cart, the applicant must have undergone at least ten days of training and obtained a training certificate from a registered E-rickshaw or E-cart Association or manufacturer.
Q : What are the educational qualifications required for drivers of goods carriages carrying dangerous or hazardous goods?
1. Drivers of goods carriages carrying dangerous or hazardous goods must:
2. Hold a driving license for a transport vehicle.
3. Be able to read and write at least one Indian language specified in the VIII Schedule of the Constitution and English.
4. Possess a certificate of successful completion of a course related to the transport of such goods, as per the syllabus and periodicity prescribed.
Q : What are the required documents and items to submit with an application for a learner’s license?
To apply for a learner’s license, the following must be submitted:
1. Completed Application Form: Form 2.
2. Medical Certificate: In Form 1-A (unless otherwise specified in rule 6).
3. Photographs: Three recent passport-size photographs of the applicant.
4. Fee: Appropriate fee as specified in rule 32.
5. Proof of Residence: Documentation verifying the applicant's address.
6. Proof of Age: Documentation verifying the applicant’s age.
7. For Transport Vehicles (excluding E-rickshaws or E-Carts): The applicant's existing driving license.
Q : What knowledge and understanding must an applicant demonstrate to obtain a learner’s license?
An applicant must demonstrate adequate knowledge and understanding of the following:
1. Traffic Signs and Signals: Knowledge of traffic signs, signals, and road rules.
2. Accident Procedures: Duties when involved in an accident causing death, injury, or property damage.
3. Unmanned Railway Crossings: Precautions at unmanned railway crossings.
4. Required Documents: Documents that must be carried while driving a motor vehicle.
5. The licensing authority will assess this knowledge through objective-type Qs, requiring the applicant to answer at least 60% of the Qs correctly to pass.
Q : Who is exempt from taking the preliminary test for a learner’s license?
The following applicants are exempt from the preliminary test:
1. Holders of an Effective Driving License: Individuals who already hold a valid driving license.
2. Expired License Holders: Those with an expired license if it has been less than five years since expiration.
3. Renewed Learner’s License Holders: Individuals who have renewed their learner’s license after the commencement of these rules.
4. Certificate Holders: Those who have a certificate from an institution recognized and notified by the State Government, certifying adequate knowledge and understanding of the required matters.
Q : What constitutes "adequate knowledge" for passing the preliminary test?
"Adequate knowledge" for passing the preliminary test means correctly answering at least 60% of the objective-type Qs posed by the licensing authority.
Q : What documents are required when applying for a driving license?
To apply for a driving license, the following documents and items are required:
1. Completed Application Form: Form 4.
2. Effective Learner's License: To drive the vehicle type related to the application.
3. Fee: Appropriate fee as specified in rule 32 for the test of competence and issuance of the license.
4. Photographs: Three recent passport-size photographs of the applicant.
5. Medical Certificate: In Form 1-A, unless otherwise specified in rule 6.
6. Driving Certificate: In Form 5 from the school or establishment where the applicant received instruction, if applicable.
7. Proof of Residence: Documentation verifying the applicant’s address.
8. Proof of Age: Documentation verifying the applicant’s age.
Q: What are the requirements for applying for an International Driving Permit?
To apply for an International Driving Permit, the following are required:
1. Completed Application Form: Form 4-A.
2. Valid Driving License: Proof of holding a valid Indian driving license.
3. Passport and Visa: Proof of travel with a valid passport and visa.
4. Photographs: Two recent passport-size photographs.
5. Fee: Appropriate fee as specified in rule 32 for issuance of the permit.
6. Valid Driving License Copy: Photocopy of the valid driving license.
7. Any other document specified by the licensing authority.
Q : What is the minimum period an applicant must hold a learner’s license before taking the driving test?
An applicant must hold a learner’s license for at least thirty days before appearing for the driving test.
Q : What are some of the key skills an applicant must demonstrate during the driving test?
During the driving test, the applicant must demonstrate the following skills:
1. Mirror Adjustment: Adjusting the rear-view mirror.
2. Engine Start Precautions: Taking suitable precautions before starting the engine.
3. Vehicle Movement: Moving away safely and smoothly, engaging all gears up to the top gear, and changing to lower gears when needed.
4. Incline Handling: Stopping and re-starting on a steep incline using the hand-brake or throttle and foot-brake without rolling back.
5. Turning and Signaling: Correctly turning corners, using rear-view mirrors, and giving appropriate signals.
6. Overtaking and Lane Changing: Overtaking safely, allowing others to overtake, and changing lanes with proper signaling.
7. Emergency Stopping: Stopping the vehicle safely in an emergency and bringing it to a rest at an appropriate location.
8. Reversing: Driving the vehicle backwards, reversing into limited openings, and turning the vehicle around using forward and reverse gears.
9. Traffic Signals and Signs: Correctly responding to traffic signals, lights, controllers, and other road users’ signals.
10. Pedestrian Crossings: Giving preference to pedestrians at unregulated crossings.
11. General Control: Demonstrating confident steering, smooth gear changes, braking, and proper use of the rear-view mirror.
Q : What should an applicant do if they have previously held a learner’s or driving license?
If an applicant has previously held a learner’s or driving license, they should still meet the current requirements for application and tests. For instance, they might be exempt from some requirements if they already hold an effective driving license or if their previous learner’s license was issued or renewed under the new rules.
Q : What forms are used for different types of driving licenses and permits?
1. Driving License: Every driving license issued or renewed by a licensing authority shall be in Form 6. From the commencement of the relevant sub-rule, all driving licenses will be issued in Form 7 if the licensing authority has the necessary apparatus for issuing laminated card type or Smart Card type licenses.
2. International Driving Permit: Issued in Form 6-A and is valid for up to one year from the date of issue, or until the validity of the driving license, whichever is earlier.
3. E-Rickshaw or E-Cart License: Valid for up to three years from the date of issue, or until the validity of the driving license, whichever is earlier.
Q : What is the process for adding another class of motor vehicle to an existing driving license?
To add another class or description of motor vehicle to an existing driving license, the applicant must:
1. Complete Application Form: Use Form 8 for the application.
2. Submit Required Documents:
- An effective learner’s license.
- The current driving license held by the applicant.
- A driving certificate in Form 5, if the application is for a transport vehicle (excluding E-rickshaw or E-cart).
- The appropriate fee as specified in rule 32.
3. Compliance with Test Requirements: The provisions of sections 9 (1), (3), and (4) related to the driving test will apply as they do for a new driving license application.
Q : What are the requirements for renewing a driving license?
To renew a driving license, the applicant must:
1. Complete Application Form: Use Form 9.
2. Submit Required Documents:
- Appropriate fee as specified in rule 32.
- Three recent passport-size photographs if renewing in Form 6.
- The current driving license.
- A medical certificate in Form 1-A.
- If Applicable: For licenses that authorize driving both transport and non-transport vehicles, renewal will be subject to the production of the medical certificate, and the license will be renewed for the appropriate period specified in section 14 (2).
Q : What happens if a driving license is renewed by a different authority than the one that issued it?
If the driving license is renewed by a different authority than the one that issued it, the licensing authority renewing the license must inform the original issuing authority about the renewal. If the renewal application is for a duplicate license due to loss, damage, or mutilation, the renewing authority will issue the duplicate after confirming with the original issuing authority. If confirmation is not received within 60 days, the duplicate license may be issued without waiting for confirmation.
Q : What is the policy for refunding fees if an application for renewal of a driving license is rejected?
If an application for the renewal of a driving license is rejected, the licensing authority must refund half of the fee paid for the renewal. The applicant must apply for the refund within 30 days from the date of receipt of the order rejecting the renewal application.
Q : What types of offences lead to endorsements on a driving license by a court?
A court may endorse or cause to be endorsed on a driving license the particulars of a conviction for the following offences:
1. Driving Without a License: Driving without a valid or applicable license (section 3).
2. Allowing License Usage: Allowing another person to use one’s license (section 6(2)).
3. Driving When Disqualified: Driving while disqualified (section 23).
4. Driving an Unregistered Vehicle: Driving an unregistered vehicle (section 39).
5. Transport Vehicle Fitness: Driving a transport vehicle not covered by a certificate of fitness (section 56).
6. Transport Vehicle Contraventions: Driving a transport vehicle in violation of section 66.
7. Traffic Rules Violation: Driving in contravention of traffic rules under rule 118.
8. Non-compliance: Failure to comply with provisions of section 114.
9. Failure to Produce License: Refusing or failing to produce the license or certificate of registration when required (section 130).
10. Failure to Stop: Failing to stop the vehicle as required under section 132.
11. Failure to Disclose Endorsements: Obtaining or applying for a license without disclosing existing endorsements (section 182).
12. Excessive Speed: Driving at excessive speed (section 183).
13. Dangerous Driving: Driving dangerously (section 184).
14. Driving Under Influence: Driving under the influence of drink or drugs (section 185).
15. Unfit to Drive: Driving when mentally or physically unfit (section 186).
16. Abetment of Dangerous Driving: Abetment of offences under sections 183 or 186.
17. Abetment of Other Offences: Abetment of offences specified in section 188.
18. Unauthorized Races: Taking part in unauthorized races or speed trials (section 189).
19. Unsafe Vehicle: Using a vehicle in an unsafe condition (section 190).
20. Overweight Vehicle: Driving a vehicle that exceeds the permissible weight or limit (section 194).
21. License Alteration: Altering a license or using an altered license.
22. Imprisonable Offences: Committing an offence punishable with imprisonment where a motor vehicle was used.
Q : How are the details of the conviction recorded on the driving license?
The court responsible for convicting the license holder will endorse or ensure the endorsement of the details of the conviction directly onto the driving license. This endorsement will include particulars of the offence as outlined in the relevant sections and rules.
Q : What are some examples of offences related to vehicle safety that could result in a driving license endorsement?
Examples of offences related to vehicle safety that may lead to a driving license endorsement include:
1. Driving an Unregistered Vehicle: Offence under section 39.
2. Transport Vehicle Not Covered by Certificate of Fitness: Offence under section 56.
3. Using Vehicle in Unsafe Condition: Offence under section 190.
4. Driving a Vehicle Exceeding Permissible Weight or Limit: Offence under section 194.
Q : What are the implications for a driver if their license is endorsed for driving under the influence of drink or drugs?
If a driving license is endorsed for driving under the influence of drink or drugs (section 185), the driver faces several implications:
1. Legal Consequences: Potential for fines, imprisonment, and other legal penalties.
2. License Impact: The endorsement can lead to further restrictions or conditions on the license and may affect the ability to renew or obtain new licenses.
3. Insurance Impact: Insurance premiums may increase, and obtaining insurance might become more difficult.
Q : Can a driving license be endorsed for offences related to excessive speed or dangerous driving?
Yes, a driving license can be endorsed for:
1. Excessive Speed: Driving at excessive speeds as per section 183.
2. Dangerous Driving: Engaging in dangerous driving practices as per section 184.
These endorsements reflect serious violations and can have significant consequences for the driver's record and legal standing.
Q : What is required to establish or maintain a driving school or establishment?
To establish or maintain a driving school or establishment for imparting driving instructions for hire or reward, the following is required:
1. License Requirement: Obtain a license in Form 11 from the licensing authority.
2. Application Process: Apply for the grant or renewal of the license using Form 12 or Form 13, as appropriate, and pay the appropriate fee as specified in rule 32.
3. Licensing Authority: The application must be submitted to the licensing authority, defined as an officer not below the rank of the Regional Transport Officer.
Q : What criteria does the licensing authority consider when reviewing an application for a driving school or establishment?
When reviewing an application, the licensing authority considers:
1. Moral Character and Qualifications: The applicant and staff should be of good moral character and qualified to provide driving instructions.
2. Premises: The premises must be owned, leased, or hired by the applicant and have adequate facilities for lectures, demonstrations, and parking.
3. Financial Resources: The financial resources should be sufficient to maintain the school or establishment.
4. Vehicles: The applicant must own and maintain at least one motor vehicle of each type for which instruction is provided. Vehicles, except motor cycles, must have dual control facilities.
5. Equipment and Apparatus: The school must have various equipment and apparatus, including:
- Blackboard
- Road plan board with models
- Traffic signs chart
- Charts on signals and automatic signals
- Service charts and engine parts
- Tools and manuals
- First-aid box
6. Staff Qualifications: Instructors should have at least a 10th-grade education, five years of driving experience, and a certificate or higher qualification in mechanical engineering. They should also know traffic signs, vehicle components, and be proficient in English or the regional language. Exceptions are made for those with five years of instructor experience before the rules commenced.
Q : What specific equipment and materials must a driving school maintain?
A driving school must maintain the following equipment and materials:
1. Teaching Tools: Blackboard, road plan board with model signals, traffic signs chart, and charts on signals and automatic signals.
2. Vehicle Parts and Tools: Engine gearbox, brake shoes and drums, puncture kit, tyre lever, wheel brace, jack, tyre pressure gauge, spanners (fix spanners, box spanners, pliers, screwdrivers, screw spanners, hammer).
3. Instructional Materials: Driving instructions manual, benches and tables for trainees, workbench, and a collection of books on automobile mechanics, driving, road safety, traffic regulations, and motor vehicle laws.
4. First-Aid Kit: A fully equipped first-aid box for emergencies.
Q : Are there any exemptions for experienced driving instructors from certain requirements?
Yes, individuals who have served as instructors for at least five years immediately before the commencement of these rules are exempt from some of the qualification requirements specified for new instructors. This includes educational qualifications and specific certificates.
Q : What is the significance of the requirement for vehicles to have dual control facilities?
The requirement for vehicles to have dual control facilities is crucial because:
1. Safety: It allows the instructor to take control of the vehicle if necessary, ensuring the safety of both the trainee and others on the road.
2. Effective Training: It facilitates effective training by enabling the instructor to demonstrate driving techniques and correct errors in real-time.
Q : What is the duration of a driving school or establishment license and how can it be renewed?
A driving school or establishment license, granted in Form 11, is valid for a period of five years. It can be renewed by applying in Form 13 to the licensing authority that granted the license, no less than sixty days before its expiry. The renewal is subject to meeting the criteria set by the State Government, which must be certified annually by the licensing authority or any other authority designated by the State Government.
Q : What steps should be taken if a driving school or establishment license is lost or destroyed?
If a license granted under rule 24 is lost or destroyed:
1. Intimation: The holder must immediately inform the licensing authority that issued the license.
2. Application: Apply in writing to the licensing authority for a duplicate license.
3. Issuance of Duplicate: Upon receipt of the application and appropriate fee, the licensing authority will issue a duplicate license marked "Duplicate."
4. Surrender of Original: If the original license is found after the duplicate has been issued, it must be surrendered to the licensing authority.
Q : What general conditions must be observed by the holder of a driving school or establishment license?
The holder of a driving school or establishment license must:
1. Maintain Records: Keep an annual register (Form 14) and an alphabetical list of students.
2. Follow Syllabus: Conduct training according to the prescribed syllabus (rule 31).
3. Issue Certificates: Provide a certificate (Form 5) to students who complete the course.
4. Submit Information: Provide information or returns as requested by the licensing authority.
5. Premises: Obtain prior written approval from the licensing authority before shifting the premises.
6. Open for Inspection: Keep the premises and records open for inspection by the licensing authority or authorized persons.
7. Display Information: Clearly display the school's name, address, and telephone number on all instructional vehicles.
8. Maintain Records for Trainees: Keep a daily record of driving hours for each trainee (Form 15).
9. Display Licensing Information: Display the original license and names/addresses of instructors at a prominent place in the office.
10. Avoid Misleading Practices: Ensure not to mislead students regarding their ability to obtain a license and avoid conniving in acts that circumvent regulations.
Q : Under what circumstances can the licensing authority suspend or revoke a driving school or establishment license?
The licensing authority may suspend or revoke a license if:
1. Non-Compliance: The holder fails to comply with requirements specified in rule 24.
2. Vehicle Maintenance: The vehicles used for instruction are not maintained in good condition.
3. Adherence to Syllabus: The holder fails to follow the prescribed syllabus (rule 31).
4. Violation of Rules: Any other violations of the conditions set under rule 27.
Q : What is the procedure for appealing against an order of the licensing authority regarding a driving school or establishment?
To appeal against an order of the licensing authority:
1. Filing the Appeal: Submit an appeal in duplicate in the form of a memorandum outlining the objections to the order, accompanied by a certified copy of the order and the appropriate fee.
2. Timeframe: The appeal must be filed within thirty days of receiving the order.
3. Review Process: The appellate authority will review the appeal, give parties a chance to be heard, and conduct any necessary inquiries. The authority will pass appropriate orders within forty-five days from the date of receipt of the appeal.
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