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Start Free TrialMotor Vehicles Act, 1988 Section 9
Title: Grant of Driving Licence
State: Central
Year: 1988
.....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, (b) 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 subsection (3) of section 8: Provided further that where the application is for a driving licence 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.] (4) Where the application is for a licence 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.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 19
Title: Power of Licensing Authority to Disqualify from Holding a Driving Licence or Revoke Such Licence
State: Central
Year: 1988
.....the disqualification upon it and send it to the licensing authority by which it was issued; or (c) in the case of revocation of any licence, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that licence: Provided that where the driving licence of a person authorises him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him from driving any specified class or description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving licence and return the same to the holder. (3) Any person aggrieved by an order made by a licensing authority under subsection (1) may, within thirty days of the receipt of the order, appeal to the prescribed authority, and such appellate authority shall give notice to the licensing authority and hear either party if so required by that party and may pass such order as it thinks fit and an order passed by any such appellate authority shall be final.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 25
Title: Transfer of Endorsement and Issue of Driving Licence Free from Endorsement
State: Central
Year: 1988
.....be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement. (2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the court or authority by which the endorsement is to be made, then- (a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the court or authority within five days, or such longer time as the court or authority may fix; or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the court or authority, and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement. (3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been.....
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 22
Title: Suspension or Cancellation of Driving Licence on Conviction
State: Central
Year: 1988
.....and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return: Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8. (4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence, shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 21
Title: Suspension of Driving Licence in Certain Cases
State: Central
Year: 1988
.....licence held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the court competent to take cognizance of such offence, and thereupon, such court shall take possession of the driving licence, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the licence was granted or last renewed. (3) Where the person referred to in sub-section (1) is acquitted or discharged, the court shall cancel the endorsement on such driving licence with regard to the suspension thereof. (4) If a driving licence in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such licence shall be debarred from holding or obtaining any licence to drive such particular class or description of motor vehicles so long as the suspension of the driving licence remains in force.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 11
Title: Additions to Driving Licence
State: Central
Year: 1988
(1) Any person holding a driving licence to drive any class or description of motor vehicles, who is not for the time being disqualified for holding or obtaining a driving licence to drive any other class or description of motor vehicles, may apply to the licensing authority having jurisdiction in the area in which he resides or carries on his business in such form and accompanied by such, documents and with such fees as may be prescribed by the Central Government for the addition of such other class or description of motor vehicles to the licence. (2) Subject to such rules as may be prescribed by the Central Government, the provisions of section 9 shall apply to an application under this section as if the said application was for the grant of a licence under that section to drive the class or description of motor vehicles which the applicant desires to be added to his licence.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 16
Title: Revocation of Driving Licence on Grounds of Disease or Disability
State: Central
Year: 1988
Notwithstanding anything contained in the foregoing sections, any licensing authority may at any time revoke a driving licence or may require, as a condition of continuing to hold such driving licence, the holder thereof 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 if the licensing authority has reasonable grounds to believe that the holder of the driving licence is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving licence is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that licence.
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 3
Title: Necessity for Driving Licence
State: Central
Year: 1988
(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle other than1[a motor cab or motor cycle] hired for his own use or rented under any scheme made under subsection (2) of section 75] unless his driving licence specifically entitles him so to do. (2) The conditions subject to which sub-section (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. ________________________ 1. Substituted by Act 54 of 1994, Section 3, for "a motor cab" (w.e.f. 14-11-1994).
View Complete Act List Judgments citing this sectionMotor Vehicles Act, 1988 Section 15
Title: Renewal of Driving Licences
State: Central
Year: 1988
.....renewal of a driving licence made under this sub-section if it is satisfied that the applicant was prevented by good and sufficient cause from applying within the time specified in such-section (3): Provided further that if the application is made more than five years after the driving licence has ceased to be effective the licensing authority may refuse to renew the driving licence unless the applicant, undergoes and passes to its satisfaction the test of competence to drive referred to in sub-section (3) of section 9. (5) Where the application for renewal has been rejected, the fee paid shall be refunded to such extent and in such manner as may be prescribed by the Central Government. (6) Where the authority renewing the driving licence is not the authority which issued the driving licence it shall intimate the fact of Renewal to the authority which issued the driving licence.
View Complete Act List Judgments citing this sectionMOTOR VEHICLES ACT, 1988 Section 8
Title: Grant of learner's licence
State: Central
Year: 1988
.....is satisfied that he is fit to drive such a carnage. (5) No learner's licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government. (6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner's licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle: Provided that a licensing authority may issue a learner's licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing authority. (7) Where the Central Government is satisfied that it is.....
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