Section 17: Refusal or Revocation of Driving Licenses & Appeals

What should I do if my application for a learner's licence or renewal is refused?

If a licensing authority refuses to issue or renew a learner's licence, driving licence, or revokes a driving licence, they must provide a written order stating the reasons for the decision.

Can I appeal if my driving licence application is refused or revoked?

Yes, you can appeal within thirty days of receiving the refusal or revocation order. The appeal must be made to the prescribed authority, which will consider the appeal after giving you and the original authority an opportunity to present your cases. The decision of the appellate authority is final and binding.

What happens after I appeal against a refusal or revocation of my driving licence?

After you file an appeal within thirty days of receiving the refusal or revocation order, the prescribed authority will review your appeal. Both you and the authority that issued the original decision will have a chance to present your arguments. The decision made by the appellate authority will be legally binding on the issuing authority.

Who can issue driving licences for vehicles belonging to the Central Government?

Driving licences valid across India for driving Central Government-owned vehicles used for non-commercial, defence-related purposes may be issued by authorities prescribed by the Central Government.

What are the conditions for obtaining a driving licence under Section 18 of the law?

To qualify for a driving licence under Section 18, individuals must be at least eighteen years old and intend to drive according to Motor Vehicles Act, 1988.

exclusively owned and controlled by the Central Government for defence-related activities.

What vehicles can be driven with a driving licence issued under Section 18?

A driving licence issued under Section 18 permits the holder to drive only motor vehicles owned by the Central Government and used for defence-related purposes, as specified in the licence.

How long is a driving licence issued under Section 18 valid?

The driving licence issued under Section 18 specifies the class or type of vehicle the holder can drive and the duration for which the licence remains valid.

Can State Governments request information about individuals holding driving licences under Section 18?

Yes, upon request, the authority issuing driving licences under Section 18 must provide State Governments with necessary information regarding licence holders.

When can a licensing authority disqualify or revoke a driving licence?

A licensing authority can disqualify or revoke a driving licence if it finds, after giving the licence holder an opportunity to be heard, that the holder is:

• a habitual criminal, drunkard, or addict to narcotic drugs;
• involved in using a motor vehicle for committing a crime;
• likely to drive dangerously based on past conduct;
• obtained a licence through fraud;
• committed acts causing public nuisance or danger as prescribed by the Central Government;
• failed required driving tests; or
• a minor who no longer has proper guardianship consent.

What actions can a licensing authority take if a driving licence is disqualified or revoked?

If a licensing authority disqualifies or revokes a driving licence, the licence holder must surrender it immediately. The authority may keep the licence for the disqualification period or endorse the disqualification and return it to the issuing authority. Revoked licences are similarly handled, with notification to the issuing authority.

Can a person appeal a decision to disqualify or revoke a driving licence?

Yes, within thirty days of receiving the disqualification or revocation order, the affected person can appeal to the prescribed authority. The appellate authority will notify and hear both parties if requested, and its decision is final.

What happens if a driving licence is suspended under subsection (1A)?

If a driving licence is suspended under subsection (1A), the holder must undergo a driver refresher training course from an authorized school or establishment as specified by the Central Government. Successful completion of this course is required to regain the licence after the suspension period.

When can a court disqualify a person from holding a driving licence under Section 20?

A court can disqualify a person from holding any driving licence, or a specific class of vehicles, upon conviction for an offence under the Motor Vehicles Act or any offence involving the use of a motor vehicle during its commission. However, disqualification cannot be imposed for a first or second offence under section 183 of the Act.

How long can a court disqualify someone from holding a driving licence?

The period of disqualification varies based on the offence. For offences like those under section 132(c), section 134, or section 185, the disqualification ranges from one month to six months as specified by the court. Special provisions also apply for repeat offences under sections 184, 189, and 192, with disqualification periods not exceeding five years, two years, and one year respectively.

Can a person appeal a disqualification order made by a court under Section 20?

Yes, the court that convicts a person and issues a disqualification order can also hear appeals to set aside or modify the disqualification period, even if no appeal lies against the underlying conviction.

What happens if a person's driving licence is disqualified under Section 20?

If a court disqualifies a person from holding a driving licence under Section 20, the disqualification order specifies the period during which the person cannot hold any driving licence. After serving the disqualification period, the person may need to pass a competency test to regain their driving privileges.

When can a driving licence be suspended under Section 21 of the Motor Vehicles Act?

A driving licence can be suspended if a person previously convicted under section 184 (related to dangerous driving) is involved in an incident causing death or grievous hurt. The licence becomes suspended for six months from the date the case is registered, or until the person is acquitted or discharged, whichever comes first.

What happens if a driving licence is suspended under Section 21?

If a driving licence is suspended under Section 21 due to a dangerous driving incident, the police officer handling the case notifies the court. The court then takes possession of the licence, endorses the suspension, and informs the licensing authority. The person cannot obtain or hold a licence to drive the affected class of vehicles during the suspension period.

How long does a driving licence remain suspended under Section 21?

The suspension period for a driving licence under Section 21 is typically six months from the date of registering the case alleging dangerous driving causing death or grievous hurt. The suspension ends upon acquittal or discharge of the accused.

Can the suspension of a driving licence under Section 21 be revoked?

Yes, if the person accused of dangerous driving causing death or grievous hurt is acquitted or discharged, the court cancels the suspension endorsement on their driving licence.

When can a driving licence be suspended or cancelled under Section 22?

A driving licence can be suspended or cancelled under Section 22 if the holder is convicted of causing death or grievous hurt by dangerous driving (as defined in section 184) or for repeat offences under section 185 of the Motor Vehicles Act.

What happens if a driving licence is suspended under Section 22?

If a driving licence is suspended under Section 22, the court takes custody of the licence, endorses the suspension, and sends it to the issuing authority. The licence holder can apply for its return after the suspension period ends, provided they pass a competency test and submit a medical certificate to the satisfaction of the licensing authority.

Can a person whose driving licence is cancelled under Section 22 obtain a new licence?

No, if a driving licence for a specific class or type of vehicle is cancelled under Section 22, the person cannot hold or obtain a licence for that particular class or description of motor vehicles as long as the cancellation or suspension remains in effect.

How long does a driving licence suspension last under Section 22?

The suspension period for a driving licence under Section 22 is determined by the court based on the offence committed. After the suspension period ends, the licence holder must undergo a competency test and provide a medical certificate to regain their driving privileges.

What happens if a disqualification order is issued under Section 19 or Section 20 of the Motor Vehicles Act?

A person who is subject to a disqualification order under Section 19 or Section 20 is prohibited from holding or obtaining a driving licence for the specified period mentioned in the order. Any existing driving licence held by that person becomes ineffective during this period.

Can the effect of a disqualification order be delayed if an appeal is filed?

No, the effect of a disqualification order made under Section 20 is not suspended or postponed while an appeal is pending, unless directed otherwise by the appellate court.

How can a person remove a disqualification order under Section 23?

After six months from the date of the disqualification order, the affected person may apply to the Court or relevant authority to have the disqualification removed. The Court or authority may consider cancelling or modifying the disqualification order based on the circumstances. However, if an application is denied, a subsequent application cannot be filed within three months from the date of refusal.

What factors does the Court consider when deciding on a disqualification removal application under Section 23?

The Court or authority evaluates all relevant circumstances when considering an application to cancel or modify a disqualification order under Section 23, ensuring fairness and compliance with legal standards.

What is the purpose of endorsement on a driving licence under Section 24 of the Motor Vehicles Act?

Under Section 24, the Court or relevant authority must endorse details of any disqualification orders, convictions, or sentences on the driving licence of the person affected. This includes information about the offence, disqualification orders, and any subsequent cancellations or variations.

When does a Court endorse details of a conviction on a driving licence?

According to Section 24(2) of the Motor Vehicles Act, a Court must endorse particulars of a conviction for offences specified by the Central Government under the Act, regardless of whether a disqualification order is issued.

What happens if a person is convicted of an offence under the Motor Vehicles Act and sentenced to imprisonment exceeding three months?

In such cases, as per Section 24(4), the Court must endorse the sentence on the person's driving licence. The prosecuting authority is responsible for informing the licensing authority about this endorsement.

How does a person accused of an offence under the Motor Vehicles Act comply with Section 24?

If accused of a prescribed offence under Section 24(3), the person must bring their driving licence to Court if it is in their possession.

What is the process for transferring an endorsement on a driving licence under Section 25 of the Motor Vehicles Act?

According to Section 25(1), an endorsement on a driving licence is transferred to any new or duplicate licence obtained by the holder, until the holder becomes eligible to receive a driving licence free from endorsements under the provisions of this section.

What happens if a driving licence requiring endorsement is not in possession during legal proceedings?

Under Section 25(2) of the Motor Vehicles Act, if a driving licence requiring endorsement is not in the possession of the Court or authority, the holder must produce it within five days or a longer period as specified. Failure to do so renders the licence ineffective until produced for endorsement.

How can a person obtain a driving licence free from endorsements under Section 25?

As per Section 25(3) of the Motor Vehicles Act, a person whose driving licence has been endorsed may obtain a new licence free from all endorsements after a continuous period of three years without further endorsements. For speeding offences under section 112, this period is reduced to one year. Excluded from this calculation is any period during which the person was disqualified from holding or obtaining a driving licence.

What is the fee for obtaining a new driving licence free from endorsements under Section 25?

According to Section 25(3) of the Motor Vehicles Act, the fee for obtaining a new driving licence free from endorsements is five rupees, provided the conditions specified for endorsement-free issuance are met.

What is the National Register of Driving Licences under Section 25A of the Motor Vehicles Act?

According to Section 25A(1), the National Register of Driving Licences is maintained by the Central Government in a prescribed form and manner.

What is the significance of subsuming State Registers of Driving Licences under the National Register?

Under Section 25A(2) of the Motor Vehicles Act, all State Registers of Driving Licences are to be integrated into the National Register of Driving Licences by a notified date, ensuring a unified database.

Are there specific requirements for the validity of driving licences under Section 25A?

Yes, as per Section 25A(3) of the Motor Vehicles Act, no driving licence issued or renewed under the Act is considered valid unless it has been assigned a unique driving licence number under the National Register of Driving Licences.

How do State Governments contribute to the National Register of Driving Licences?

According to Section 25A(4) of the Motor Vehicles Act, State Governments and licensing authorities must transmit all information, including data from State Registers of Driving Licences, in the format specified by the Central Government.

Can State Governments update their records in the National Register of Driving Licences?

Yes, under Section 25A(5) of the Motor Vehicles Act, State Governments are authorized to access the National Register of Driving Licences and update their records as per the guidelines prescribed by the Central Government.

What is the State Register of Driving Licences as per Section 26 of the Motor Vehicles Act?

Section 26 mandates each State Government to maintain a register known as the State Register of Driving Licences. This register records details such as names, addresses, licence numbers, issue and expiry dates, authorized vehicle types, and other prescribed particulars.

What information does the State Register of Driving Licences contain?

According to Section 26 of the Motor Vehicles Act, the State Register of Driving Licences includes details like names and addresses of licence holders, licence numbers, dates of issuance and renewal, expiry dates, vehicle types permitted, and any other particulars specified by the Central Government.

How does a State Government update the Central Government about the State Register of Driving Licences?

Under Section 26(2) of the Motor Vehicles Act, each State Government must provide the Central Government with a printed copy or in a prescribed format of the State Register of Driving Licences. Additionally, any additions or amendments to this register must be promptly communicated to the Central Government.

What are the responsibilities of State Governments regarding the maintenance of the State Register of Driving Licences?

As per Section 26(3) of the Motor Vehicles Act, State Governments are required to maintain the State Register of Driving Licences in accordance with the guidelines prescribed by the State Government.

What is the purpose of Section 27 of the Motor Vehicles Act?

Section 27 empowers the Central Government to create rules regarding various aspects related to the issuance and renewal of driving licences, including specifications for applications, medical certificates, educational qualifications, and more.

What are some specific rules that the Central Government can create under Section 27 of the Motor Vehicles Act?

Under Section 27, the Central Government can make rules concerning the form and content of learner's licence and driving licence applications, specifications for medical certificates, conditions for driving tests, educational qualifications for transport vehicle drivers, and procedures for licence renewal.

How does Section 27 of the Motor Vehicles Act relate to learner's licences and driving licences?

Section 27 allows the Central Government to specify the forms, information requirements, and documents needed for learner's licence and driving licence applications. It also covers details about the curriculum for training modules and regulations for driving schools.

What is the significance of rules under Section 27 regarding the renewal of driving licences?

According to Section 27, the Central Government can prescribe conditions and procedures for the renewal of driving licences, including the syllabus and duration of driver refresher training courses, ensuring compliance with safety and regulatory standards.

What is the significance of Section 28 of the Motor Vehicles Act?

Section 28 empowers State Governments to create rules that facilitate the implementation of various provisions within the Motor Vehicles Act. These rules cover matters such as the jurisdiction of licensing authorities, the issuance of duplicate licences, and the conduct of appeals related to driving licences.

What are some specific areas covered by rules under Section 28 of the Motor Vehicles Act?

Under Section 28, State Governments can establish rules governing the functions of licensing authorities, procedures for handling appeals, issuance of duplicate licences, fees for medical certificates, and exemptions from certain regulatory fees, ensuring efficient administration and compliance within the transport sector.

How do rules under Section 28 of the Motor Vehicles Act impact the issuance of driving licences?

Section 28 allows State Governments to regulate the duties and functions of licensing authorities, streamline the communication of licence details between authorities, and specify conditions for issuing licences to drivers of transport vehicles, ensuring adherence to safety standards and procedural clarity.

Why is Section 28 of the Motor Vehicles Act important for drivers of transport vehicles?

Section 28 empowers State Governments to define rules regarding the conduct, functions, and responsibilities of drivers holding licences for transport vehicles, enhancing accountability and operational efficiency in the transport sector.

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