Central Motor Vehicle Rules, 1989 - CHAPTER II
LICENSING OF DRIVERS OF MOTOR VEHICLES
Driving
Schools and Establishments
24. Driving Schools and establishments,- (1) No person shall establish or maintain any
driving school or establishment of imparting instructions for hire or reward in
driving motor vehicles without a license in form 11 granted by the licensing
authority.
(0) An
application for the grant or renewal of a license under sub-rule (1) shall be
made in Form 12 or Form 13, as the case may be,
to the licensing authority having jurisdiction in the area in which the school or establishment is situated
and shall be accompanied by appropriate fee as specified in Rule 32.
Explanation:- For the
purpose of this Rule and Rules 25 to 28 “liceinsing authority means an officer
not below the rank of a Regional Transport Officer of the Motor Vehicles
Department established under section
213.
(3)) The
licensing authority shall , when considering the application for the grant of
renewal of license under this Rule, have regard to the following matters,
namely,-
(i)
The applicant and staff working under him are of
good moral character and are qualified to give driving instructions;
(ii)
The premises where the school or establishment
is proposed to be conducted is either owned by the applicant or is taken on
lease by him or is hired in his name and
it has adequate provision for [for
conducting lecture and demonstration of
models] beside adequate parking area for the vehicles meant to be used for imparting training in driving.
Provided that in respect of
schools or establishments imparting instructions in driving of motor vehicles
or matters connected therewith immediately before the commencement of these
rules, the licensing authority may permit the conducting of instructions
facilities in the same premises where the school or establishment is housed for a period of six months,
notwithstanding the fact that the premises do not satisfy the conditions laid
down in this clause;
(iii)
The financial resources of the proposed school
or school are sufficient to provide for its continued maintenance;
(iv)
The applicant owns and maintains a minimum of
one motor vehicle each of the type in which instruction is imparted in the
school or establishment;
(v)
The vehicle are available exclusively for the
purpose of imparting instructions and all such vehicles, except motor cycles,
are fitted with dual control facility to enable the instructor to control or
stop the vehicle;
(vi)
The applicant maintains the following apparatus,
equipments and other requirements namely,-
(a) Black
board,
(b) A
road plan board with necessary signals
and charts,
(c) Traffic
sign charts,
(d) Chart
on automatic signals given by traffic controllers where there are not automatic
signals,
(e) A
service chart depicting a detailed view of all the components of a motor
vehicle,
(f) Engine
, gear box, (brake shoe and drums) [except where the applicant desires to
impart instructions in the driving of motor cycles only),
(g) Puncture
kit with tyre liver, wheel brace, jack and tyre pressure gauge,
(h) Spanner
( a set of each fix spanners, box spanners,
pliers, screw drivers, screw spanners. And hammer),
(i) Driving
instruction manual,
(j) Benches
and tables for trainees and work bench,
(k) [xxxx]
(l) [xxxx]
(m) A (collection of) books on automobile mechanism, driving, road
safety, traffic regulations, laws relating to motor vehicles and related
subjecs.
(n) A
fully equipped first aid box for use in emergency at the premises;
(vii)
The applicant or any member of the staff
employed by him for imparting instructions possess the following
qualifications, namely,-
(a) A
minimum educational qualification of a pass in the 10th standard,
(b) A
minimum driving experience of 5 years in addition to a certificate in a coursed
in motor mechanics or any other higher qualification in mechanical engineering
from an institution established by Central or State Government or from an
institution recognized by the Board of Technical Education of a State
Government,
(c) Thorough
knowledge of traffic sighs specified in the Schedule to the Act and the
regulations made under section 118,
(d) Ability
to demonstrate and to explain the functions of different components parts of vehicles.
(e) Adequate
knowledge of English or the regional language of the region in which the school
or establishment is situated :
Provided that any person who has served as an instructor for a period of not less than five years immediately before the commencement of these rules is exempted from the requirements of this sub-clause.
(4) The licensing Authority, may on receipt of an application under sub-rule (2) and after satisfying that the applicant has complied with the requirements of sub-rule (3), grant or renew the license in form II.
(5) No application for license shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the licensing authority.
Provided that any person who has served as an instructor for a period of not less than five years immediately before the commencement of these rules is exempted from the requirements of this sub-clause.
(4) The licensing Authority, may on receipt of an application under sub-rule (2) and after satisfying that the applicant has complied with the requirements of sub-rule (3), grant or renew the license in form II.
(5) No application for license shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the licensing authority.
