LICENSING OF DRIVERS OF MOTOR VEHICLE IN DELHI

Q : What are the key responsibilities and jurisdictional details of the Licensing Authority according to the regulations in Delhi?

According to the Licensing Authority the following key responsibilities and jurisdictional details:

1. Appointment and Authority: The Licensing Authority is an officer appointed or empowered by the Commissioner specifically for granting licenses under this chapter.
2. Superintendence and Control: The Licensing Authority operates under the general control and superintendence of the State Government, with direct oversight and control vested in the Commissioner.
3. Jurisdiction: The Licensing Authority has jurisdiction over a specific area as designated by the Commissioner.
4. Communication of Adverse Entries: The Licensing Authority must communicate any adverse entries received from other agencies or courts to all zones of the Transport Department to ensure proper record-keeping.
5. Functions: The primary functions of the Licensing Authority include issuing driving licenses and conductor’s licenses as per the Act, along with any additional responsibilities assigned by the Commissioner.
6. Conduct and Hearing of Appeal: Details related to the conduct and hearing of appeals are outlined in the subsequent section.

Q : What is the process for filing an appeal against a decision made by the Licensing Authority, including fees and procedures in Delhi?

The process for filing an appeal against a decision made by the Licensing Authority is as follows:

1. Appellate Authority: Appeals against the decisions of the Licensing Authority can be made to the Appellate Authority, as defined in clause (aa) of rule 2.
2. Filing an Appeal: An appeal must be submitted in duplicate using a memorandum format. One copy must include a fee of Rs. 100 and outline the grounds for objecting to the Licensing Authority's decision. Additionally, the appeal must be accompanied by a certified copy of the original order from the Licensing Authority.
3. Issuance of Notice: Upon lodging an appeal, a notice will be issued to the Licensing Authority whose decision is being challenged, in the format specified by the Appellate Authority.
4. Conduct of Hearing: The Appellate Authority will provide an opportunity for both parties to be heard. After reviewing the case and conducting any necessary further inquiries, the Appellate Authority may confirm, modify, or overturn the original decision and issue a new order accordingly.
5. Access to Documents: Any individual filing an appeal can obtain copies of documents filed with the Licensing Authority at a fee of Rs. 25 per page.
6. Refund of Fees: The Appellate Authority has the discretion to order a refund of the appeal fee if it considers it to be just and equitable.

Q : What are the procedures and requirements for obtaining a duplicate license or badge if it is lost or destroyed in Delhi?

The procedures and requirements for obtaining a duplicate license or badge are as follows:

1. Reporting Loss or Destruction: If a license or badge is lost or destroyed, the holder must immediately inform the Licensing Authority in writing. For a driving license and badges, use Form LLD; for a conductor’s license/badge, use Form L.CON.A.
2. Issuance of Duplicate: Upon receiving the intimation, if the Licensing Authority is not the original issuing authority, they must request details of the license from the original authority. After making necessary inquiries and confirming that a duplicate can be issued, the Licensing Authority will issue the duplicate license or badge.
3. Certificate Requirement: For Motor Vehicles (MMV) or Heavy Motor Vehicles (HMV), a “No Challan Pending” certificate from the Delhi Traffic Police is required before issuing the duplicate.
4. Photograph Requirements: If a duplicate conductor’s license requires a photograph, the holder must provide two clear, recent photographs. One photograph will be affixed to the duplicate license.
5. Fees for Duplicate: The fee for issuing a duplicate driving license is Rs. 150, and Rs. 200 for a duplicate conductor’s license. If the license or badge was lost while in the custody of a court or authority, the duplicate will be issued free of charge.
6. Return of Original License or Badge: If the original license or badge is found after a duplicate has been issued, it must be returned immediately to the Licensing Authority.
7. Handling Found Licenses or Badges: If someone else finds a driver’s or conductor’s license or badge, it should be returned to the license holder or handed over to the nearest police station.
8. Replacement of Obsolete Photographs: The process for replacing an obsolete photograph is the same as that for issuing a duplicate driving license.

Q : What are the regulations regarding the issuance and management of driver badges for public service vehicles in Delhi?

The regulations regarding driver badges for public service vehicles are as follows:

1. Badge Display Requirements: Drivers of public service vehicles must display a metal or plastic badge on their left chest. The badge must be of a shape, size, and color approved by the Commissioner. It should include the name of the issuing authority, the word "Driver," and an identification number. The Licensing Authority, as defined in rule 3, is responsible for issuing these badges.
2. Restriction on Number of Badges: A driver of a public service vehicle is permitted to hold only one badge issued within the State.
3. Fees for Badges: The fee for issuing a new badge is Rs. 200. If a badge is lost or destroyed, a duplicate badge can be issued for Rs. 200 as a penalty or charge.
4. Surrender of Badge: If the authorization for a driver’s license is suspended, revoked, or has expired, the driver must surrender the badge to the Licensing Authority within seven days.
5. Appeals: Any appeal against the order related to the issuance of badges is handled in the same manner as appeals against driving license decisions, as outlined in Rule 4.

Q : What are the rules and requirements for public service vehicle drivers, particularly those operating school transport vehicles, according to the Delhi Motor Vehicles Rules in Delhi?

The rules and requirements for public service vehicle drivers, especially for school transport vehicles, are as follows:

1. Uniform Requirements:
Non-State Transport Undertaking Drivers: Must wear a khaki uniform with a nameplate in Hindi while on duty.
State Transport Undertaking Drivers: Must wear the uniform as prescribed by their respective State Transport Undertaking.
2.Driver Details and Authorization:
List of Drivers: Permit holders must provide a list of engaged drivers with passport-sized photographs and other details to the Secretary, State Transport Authority, within ten days of receiving the permit. Any changes to this list must be updated within five days.
Authorization Card: No transport vehicle can operate unless it displays an authorization card with the driver’s name, photograph, and other required details, issued by the State Transport Authority and displayed conspicuously in the vehicle. It is a breach of rules if a vehicle is driven by someone not listed on the card.
3. Regulations for School Transport Vehicles:
Driver Qualifications: Drivers must have at least five years of experience and must not have been challaned more than twice in a calendar year for specific violations. They must wear a uniform consisting of grey trousers and a jacket with a nameplate.
Prohibitions: Vehicles cannot be driven by someone with a record of overspeeding, drunken driving, or serious offenses under the Indian Penal Code.
Vehicle Specifications: School buses must have a golden yellow board displaying "SCHOOL BUS" with specified dimensions and must be equipped with closed, pneumatically closeable doors. A licensed conductor must accompany the vehicle.
Employment Restrictions: Only licensed conductors can be employed, and the driver must hold a valid driving license from the National Capital Territory of Delhi. The authorization card must be displayed in the vehicle.
Work Limits: Drivers of school buses or similar vehicles cannot work more than eight hours a day or forty-eight hours a week. They must have at least a half-hour rest after every five hours of work.

Q : What is the fee for the issuance of a medical certificate in connection with a driver/conductor’s license in Delhi?

The fee for issuing a medical certificate in connection with a driver/conductor’s license is a maximum of Rs. 30.

Q : What are the procedures for renewing a driving license issued by another State or Union Territory in India, and what exceptions or actions are required if the license is suspected to be tampered with?

The procedures for renewing a driving license issued by another State or Union Territory, and actions required if the license is suspected to be tampered with, are as follows:

1. Exemption from Payment of Fee: Officers of diplomatic missions and their spouses are exempt from paying fees for driving tests and the issuance or renewal of driving licenses. Non-diplomatic employees of the missions who are of Indian nationality are not entitled to this exemption.
2. Verification and Renewal Process:
General Renewal (Non-MMV/HMV Vehicles): If a driving license from another State or Union Territory is submitted for renewal and there is suspicion of it being tampered with or not genuine, the licensing authority will verify its authenticity by sending a copy of the renewal form to the original issuing authority. This must be done within thirty days via post under certificate of posting.
Verification Confirmation: If verification is confirmed, the Delhi number will be endorsed on the license and it will be renewed.
No Response: If no response is received from the issuing authority within the stipulated period, the applicant may need to pass a driving test at a Government Motor Driving Training School.
Renewal for MMV/HMV Vehicles: Regardless of whether the particulars are verified or not, the applicant must pass a driving test at a Government Motor Driving Training School before the renewal can be processed.
Post-Driving Test Procedure: If the applicant passes the driving test, they must provide an affidavit on non-judicial stamp paper confirming the genuineness of the license and its endorsements. After this, the Delhi number will be endorsed on the license and renewed. The fact will also be communicated to the original licensing authority.
3. Actions if License is Tampered With: If the original issuing authority indicates that the driving license has been tampered with or is not genuine, the licensing authority in Delhi will seize the license and may initiate appropriate legal action.

Q : What are the duties and conduct regulations for drivers and conductors of transport vehicles under the Delhi Motor Vehicles Rules, 1993 in Delhi?

The driver and conductor of a transport vehicle must adhere to the following duties and conduct regulations:

1. Compliance: Be responsible for observing the provisions of the Act, the rules, and the conditions of the permit relating to the vehicle.
2. Prohibition of Smoking and Intoxication: Do not smoke in or on the vehicle during a journey or when passengers are on board and must not be under the influence of alcohol or drugs while on duty.
3. Behavior: Maintain a civil and orderly manner towards passengers and intending passengers.
4. Dress Code: Be cleanly dressed in a manner specified by the State Transport Authority.
5. Vehicle Cleanliness: Maintain the vehicle in a clean and sanitary condition.
6. Passenger Handling: Do not interfere with persons mounting or preparing to mount upon any other vehicle.
7. Seating Capacity: Do not allow any person to be carried in excess of the vehicle's seating capacity as specified in the registration certificate or permit.
8. Informatio*: Do not willfully deceive or refuse to inform passengers or intending passengers about the destination, route, or fare.
9. Carrying Passengers: Do not refuse to carry any person with the legal fare, except those suffering from contagious diseases as specified in Rule 5.19.
10. Goods Transport: Ensure that goods carried on the vehicle do not endanger or unduly inconvenience passengers.
11. Continuation of Journey: Do not refuse to carry a person with the legal fare to their destination before the journey concludes, without good reason.
12. Timeliness: Do not loiter or unduly delay; proceed to the destination in accordance with the timetable or with reasonable dispatch if no timetable exists.
13. Breakdown Procedures: In the event of a vehicle breakdown, arrange for passengers to be conveyed to their destination or refund a proportion of the fare if unable to do so within thirty minutes.
14. Obstruction: Do not allow anything to obstruct the entry or exit of passengers.
15. Parking: Station at designated parking places within aerodrome or railway station premises and do not approach individuals for hiring.
16. Guide and Tout Activities: Do not act as a guide or tout to any shopkeeper.
17. Government Servants: Carry government servants enforcing the Act without charging fare.
18. Taxi Meters: For motor cabs with taxi meters, do not start the meter before the cab is hired and stop it once the hiring charge is paid. A cab is considered hired from the time of engagement or call.
19. Meter Defects: If a taxi meter defect occurs, lower the flag to “stopped” or “Break down” and do not restart the meter until the defect is fixed.
20. Meter Visibility: Do not cover or obscure the taxi meter and do not refuse to hire the cab when the flag is in a vertical position without a reasonable excuse.
21. Inspection: On demand, produce your license or badge for inspection by a police officer, Transport Department officer, or State Transport Authority member.
22. Bonnet Seating: Do not allow anyone to sit at the bonnet of the vehicle.
23. Driver’s Seat: Do not allow anyone to sit alongside you in the driver’s seat.

Q : What are the provisions related to the exemption of road roller drivers, the maintenance of the State register of driving licences, and the authorization of Registered Medical Practitioners under the Delhi Motor Vehicles Rules in Delhi?

The provisions are as follows:

1. Exemption for Road Roller Drivers:
Exemption: Drivers of road rollers are exempt from the provisions of the rules applicable under this chapter.

2. Maintenance of State Register of Driving Licences:
Zonal Office Responsibilities: Each Zonal office's officer-in-charge must maintain a State register of driving licences as prescribed under Section 26 of the Act.
Monthly Reporting: Submit a copy of the State register by the 5th day of each month to the Joint Director of the Transport Department, who consolidates this information.
Central Government Reporting: The Joint Director must provide a printed copy of the consolidated register to the Central Government quarterly by the 15th day of the next quarter in Form 10.

3. Authorization and Regulation of Registered Medical Practitioners:
Second Opinion Referral: The Commissioner may refer an applicant for a second opinion to a government hospital or dispensary if they have obtained a medical certificate from a Registered Medical Practitioner.
Action Against Practitioners: If a practitioner issues a fitness certificate to an unfit person, the Commissioner may refer the case to the Medical Council for appropriate action or debar the practitioner from issuing certificates for license purposes if they charge more than the prescribed fee.
Disqualification Orders: The Commissioner can disqualify Registered Medical Practitioners or classes of practitioners from issuing certificates for the Transport Department’s consideration if necessary, with reasons recorded in the order.

You can also learn about :

Licensing of Conductors of State Carriage

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