R.T.Office, Kerala

Motor Vehicle Act, 1988, CHAPTER II, PRELIMINARY, Kerala RTO

CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3. Necessity for driving license, - (1) No person shall drive a motor vehicle in any public place unless he holds an effective driving license issued to him authorizing him to drive the vehicle, and no person shall so drive a transport vehicle other than a motor car or motor cycle hired for his own use or rented under any scheme under sub-section (2) of section 75 unless his driving license 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.

4. Age limit in connection with driving of motor vehicles, - (1) No person under the age of eighteen years shall drive a motor vehicle in any public place:

Provided that a motor cycle with an engine capacity not exceeding 50 cc may be driven in a public place by a person after attaining the age of sixteen years.

(2) Subject to the provisions of section 18, no person under the age of twenty years shall drive a transport vehicle in any public place.

(3) No learner’s license or driving license shall be issued to any person to drive a vehicle of the class to which he has made an application unless he is eligible to drive that class of vehicle under this section.

5. Responsibility of owners of motor vehicles for contravention of section 3 and 4, - No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.

6. Restrictions on the holding of driving licenses, - (1) No person shall, while he holds any driving license for the time being in force, hold any other driving license except a learner’s license or a driving license issued in accordance with the provisions of section 18 or a document authorizing, in accordance with the rules made under section 139, the person specified therein to drive a motor vehicle.

(2) No holder of a driving license or a learner’s license shall permit it to be used by any other person.

(3) Nothing in this section shall prevent a licensing authority having the jurisdiction referred to in sub section (1) of section 9 from adding to the classes of vehicles which the driving license authorizes the holder to drive.

7. Restrictions on the granting of learner’s license for certain vehicles, - (1) No person shall be granted a learner’s license to drive a transport vehicle unless he has he has held a driving license to drive a light motor vehicle for at least one year.

(2) No person under the age of eighteen years shall be granted a learner’s license to drive a motor cycle without gear except with the consent in writing of the person having the care of the person desiring the learner’s license.

8. Grant of learner’s license,- (1) Any person who is not disqualified under section 4 for driving a motor vehicle and who in not for the time being disqualified for holding or obtaining a driving license may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area-

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12 from where he intends to receive instructions in driving a motor vehicle in situate,

for the issue to him of a learner’s license.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government may, by notification if the Official Gazette, appoint for this purpose:

Provided that no such medical certificate is required for license to drive a vehicle other than a transport vehicle.

(3) Every application under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorized in this behalf by the State Government may, be notification if the Official Gazette, appoint for this purpose.

Provided that no such medical certificate is required for license to drive a vehicle other than a transport vehicle.

(4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him or a motor vehicle of the class which he would be authorized by the learner’s license applied for to drive to be a source of danger to public or to the passengers, the licensing authority shall refuse to issue the learner’s license:

Provided that a learner’s license limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage.

(5) No learner’s license 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 section 7, issue the applicant a learner’s license 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 license to drive a motor vehicle.

Provided that a licensing authority may issue a learner’s license to drive a motor cycle or a light motor vehicle not withstanding 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 necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both.

(8) Any learner’s license for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.

9. Grant of driving license,- (1) Any person who is not for the time being disqualified for holding or obtaining a driving license may apply to the licensing authority having jurisdiction in the area-

(i) in which he ordinarily resides or carries on business; or

(ii) in which the school or establishment referred to section 12 from where he is receiving

or has received instruction in driving a motor vehicle is situated,

for the issue to him a driving license.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government.

(3) If the applicant passes such test as may be prescribed by Central Government, he shall be issued the driving license:

Provided that no such test shall be necessary where the applicant produces proof to show that-

(a) (i) the applicant has previously held a driving license to drive such class of vehicle and that the

period between the date of expiry of that license and the date of submission of the application

does not exceed five years; or

(ii) the applicant holds or has previously held a driving license to drive such class of vehicle issued

under section 18; or

(iii) the applicant holds a driving license to drive such class of vehicle 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 sub-section (3) of section 8;

Provided further that where the applicant is for driving license 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 posses s driving certificate issued by any institution recognized in this behalf by the State Government.

(4) Where the application is to drive a transport vehicle, no such authorization 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 referred to in section 12.

(5) Where the applicant does not pass the test, he may be permitted to re-appear for the test after a period of seven days;

Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test.

(6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers:

Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in motor cycle without gear.

(7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving license unless the applicant is for the time being disqualified for holding or obtaining a driving license:

Provided that a licensing authority may issue a driving license to drive a motor cycle or light motor vehicle not withstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority:

Provide further that a licensing authority shall not issue a new driving license to the applicant, if he has previously held a driving license, unless it is satisfied that there is good and sufficient reason for the applicant’s inability to apply to obtain a duplicate copy of his former license.

(8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he -

(a) is a habitual criminal or a habitual drunkard; or

(b) is a habitual addict to any narcotic drug of psychotropic substance within the meaning of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or

It may, for reasons to be recorded in writing, make an order refusing to issue a driving license to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority.

(9) Any driving license for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.

10. Form and contents of license to drive- (1) Every learner’s license and driving license, except a driving license issued under section 18, shall be in such form and shall contain such information as may be prescribed by the Central Government.

(2) A learner’s license or, as the case may be, driving license shall also be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely,-

(a) motor cycle without gear

(b) motor cycle with gear

(d) light motor vehicle

(e) transport vehicle

(f) road-roller

(g) motor vehicle of a specified description

11. Addition to driving license,- (1) Any person, holding s driving license to drive any class or description of motor vehicles, who is not for the time being disqualified for holding a driving license 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 this business in such form and accompanied by such documents and with such fees as may be prescribed by the Central Government for addition of such other class or description of motor vehicles to the license.

(2) Subject to such rules as may be prescribed by Central Government, the provisions of section 9 shall apply to an application under this section as if the said application were for the grant of a learner’s license under that section to drive the class or description of motor vehicles which the applicant desires to be added to the license.

12. Licensing and regulation of schools or establishments for imparting instructions in driving of motor vehicles,- (1) The Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or establishments (by whatever name called) for imparting instructions in driving of motor vehicles and matters connected therewith.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely.-

(a) licensing of such schools or establishments including grant, renewal and revocation of such licenses;

(b) Supervision of such schools or establishments;

(d) fee to be paid with the application for such licenses;

(e) conditions subject to which such licenses may be granted;

(f) appeals against the orders of refusal to grant or renew such licenses and appeal against the orders revoking such licenses;

(g) conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicle;

(h) nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle;

(i) apparatus and equipment (including motor vehicles fitted with dual control ) required for the purpose of imparting such instruction;

(j) suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein;

(k) qualification, both educational and professional ( including experience), which a person imparting instruction in driving a motor vehicle shall possess.

(l) Inspection of such schools and establishments ( including the services rendered by them and apparatus, equipments and motor vehicles maintained by them for imparting such instructions);

(m) maintenance of records by such schools or establishments;

(n) financial stability of such schools or establishments;

(o) the driving certificates. If any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purpose of issuing such certificates;

(p) Such other matters as may be necessary to carry out the purpose of this section.

(3) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely subject to such conditions and may be specified in the rules, any class of schools of establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section.

(4) A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act whether under a license or not, may continue to impart such instruction without a license issued under this Act for a period of one month from such commencement, and if it has made an application for such license under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority.

13. Extent of effectiveness of license, to drive motor vehicles,- A learner’s license or a driving license issued under this Act shall be effective throughout India.

14. Currency of license to drive motor vehicles, - (1) A learner’s license issued under this Act shall, subject to the other provisions of this Act, be effective for a period of six months from the date of issue of the license

(2) A driving license issued or renewed under this Act shall-

(a) in the case of a license to drive a transport vehicle, be effective for period of three years:

Provided that in the case of license to drive a transport vehicle carrying goods of dangerous or hazardous nature be effective for a period of one year and renewal thereof shall be subject to the condition that the driver undergoes one day refresher course of the prescribed syllabus: and

(b) In the case of any other license-

(i) If the person obtaining the license, either originally or on renewal thereof, has not attained the age of fifty years on the date of issue or, as the case may be, renewal thereof-

(A) be effective for a period of twenty years from the date of such issue or renewal; or

(B) until the date on which such person attains the age of fifty years whichever is earlier,

(ii) if the person referred to in sub clause (1) has attained the age of fifty years on the date of issue or as the case may be, renewal thereof, be effective, on payment of such fee as may be prescribed, for a period of five years from the date of such issue or renewal;

Provided that every driving license shall, notwithstanding its expiry under this sub-section, continue to be effective for a period of thirty days from such expiry.

15. Renewal of driving license, - (1) Any licensing authority may, on application made to it, renew a driving license under the provisions of this Act with effect from the date of its expiry:

Provided that in any case where the application for the renewal of a license is made more than thirty days after the expiry, the driving license shall be renewed with effect from the date of its renewal:

Provided further that where the application is for the renewal of a license to drive a transport vehicle or where in any other case the applicant has attained the age of forty years, the same shall be accompanied by a medical certificate in the same form and in the same manner as referred to in sub-section(3) of section 8, and the provisions of sub-section (4) of section 8 shall, so far as may be, apply in relation to every such case as they apply in relation to learner’s license.

(2) An application for the renewal of a driving license shall be made in such form and accompanied by such documents as may be prescribed by the Central Government.

(3) Where an application for the renewal of a driving license is made previous to, or not more than thirty days after the date of expiry, the fee payable for such renewal shall be such as may be prescribed by the Central Government in this behalf.

(4) Where an application for the renewal of a driving license is made more than thirty days of its expiry, the fee payable for such renewal shall be such amount as may be prescribed by the Central Government:

Provided that the fee referred to in sub-section (3) may be accepted by the licensing authority in respect of an application for the renewal of driving license 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 sub-section (3);

Provided further that if the application is made more than five years after the driving license has ceased to be effective, the licensing authority may refuse to renew the driving license, 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 the Central Government.

(6) Where the authority renewing the driving license is not the authority which issued the driving license it shall intimate the fact of renewal to the authority which issued the driving license.

16. Revocation of driving license on grounds of disease or disability,- Notwithstanding anything contained in the foregoing sections, any licensing authority may at any time revoke a driving license or may require, as a condition of continuing to hold such driving license, the holder thereof to produce a medical certificate in the same form and 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 license is, by virtue of any disease of disability, unfit to drive a motor vehicle and where the authority revoking a driving license is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that license.

17. Orders refusing or revoking driving licenses and appeals therefrom,- (1) Where a licensing authority refuses to issue any learner’s license or to issue or renew, or revokes any driving license, or refuses to add a class or description of motor vehicle to any driving license, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal or revocation.

(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

18. Driving license to drive motor vehicles, belonging to the Central Government, - (1) Such authority as may be prescribed by the Central Government may issue driving license valid throughout India to persons who have completed their eighteenth year to drive motor vehicles which are the property or for the time being under the exclusive control of the Central Government and are used for Government purpose relating to the defence of the country and unconnected with any commercial enterprise.

(2) A driving license issued under this section shall specify the class or description of vehicle which the holder is entitled to drive and the period for which he is so entitled.

(3) A driving license issued under this section shall not entitle the holder to drive any motor vehicle except a motor vehicle referred in sub-section (1)

(4) The authority issuing any driving license under this section shall, at the request of any State Government, furnish such information respecting any person to whom a driving license is issued as that Government may at any time require.

19. Power of licensing authority to disqualify from holding a driving license or revoke such license,- (1) If a licensing authority is satisfied, after giving the holder of a driving license an opportunity of being heard, that he-

(a) is a habitual criminal or a habitual drunkard; or

(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985 ); or

(d) has by his previous conduct as driver of a motor vehicle shown that his driving is likely to be attended with danger to the public; or

(e) has obtained any driving license or a license to drive a particular class or description of motor vehicle by fraud or misrepresentation; or

(f) has committed any such act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government, having regard to the objectives of this Act; or

(g) has failed to submit to or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or

(h) being a person under the age of eighteen years who has been granted a learners’ license or a driving license with the consent in writing of the person having the care of the holder of the holder and has ceased to be in such care,

It may, for reasons to be recorded in writing, make an order-

(i) disqualifying the person for a specified period for holding or obtaining any driving license to drive all or any classes or description of vehicles specified in the license; or

(j) revoke any such license

(2) Where an order under sub-rule (1) is made, the holder of a driving license shall forthwith surrender his driving license to the licensing authority making the order, if the driving license has not already been surrendered, and the licensing authority shall,

(a) if the driving license is a driving license issued under this Act, keep it until the disqualification has expired or has been removed; or

(b) If it is not a driving license issued under this Act, endorse 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 license, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact to the authority which issued that license;

Provided that where the driving license of a person authorized him to drive more than one class or description of motor vehicles and the order, made under sub-section (1), disqualifies him driving any specified class of description of motor vehicles, the licensing authority shall endorse the disqualification upon the driving license and return the same to the holder.

(3) Any person aggrieved by an order made by a licensing authority under sub-section (1) may, within 30 days of the receipt of the order, appeal to the prescribed authority and such prescribed 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.

20. Power of the court to disqualify, - (1) Where a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified , for such period as the Court may specify, from holding any driving license to drive all classes or description of vehicles, or any particular class or description if such vehicles, as are specified in such license:

Provided that in respect of an offence punishable under section 183, no such order shall be made for the first or second offence.

(2) Where a person is convicted of any offence under clause© of sub-section (1) of section 132, section 134 or section 185, the Court convicting any person of any such offence shall order the disqualification under sub-section (1), and if the offence is relatable to clause © of sub-section (1) of section 134, such disqualification shall be for a period of not less than one month, and if the offence relatable to section 185, such disqualification shall be for a period of not less than six months.

(3) A Court shall, unless for special reasons to be recorded in writing it thinks fir to order otherwise, order the disqualification of a person-

(a) who having been convicted of an offence punishable under section 184 is again convicted

of an offence punishable under that section;

(b) who is convicted of an offence punishable under section 189; or

Provided that the period of disqualification shall not exceed, in the case referred to in clauses (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year.

(4) A Court ordering the disqualification of a person convicted of an offence punishable under section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in sub-section (3) of section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the licensing authority.

(5) The Court to which an appeal would ordinarily lie from any conviction of an offence of the nature specified in sub-section (1) may set aside or vary any order of disqualification made under that sub-section notwithstanding that no appeal will lie against the conviction as a result of which such order of disqualification was made

21. Suspension of driving license in certain cases,- (1) Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class of description of motor vehicle caused the death or, or grievous hurt to, one or more persons, the driving license held by such person shall in relation to such class or description of motor vehicle become suspended-

(a) For a period of six months from the date on which the case is registered; or

(b) If such person is discharged or acquitted before the expiry of the period of aforesaid, until such discharge or acquittal, as the case may be.

(2) Where by virtue of the provisions of sub-section (1), the driving license 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 in the notice of the Court competent to take cognizance of such offence, and thereupon, such Court shall take possession of the driving license, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the license 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 license with regard to the suspension thereof.

(4) If a driving license in relation to a particular class or description of motor vehicle is suspended under sub-section (1), the person holding such license shall be debarred from holding or obtaining any license to drive such particular class or description of motor vehicles so long as the suspension of the driving license remains in force.

22.Suspension or cancellation of driving license on conviction,- (1) Without prejudice to the provisions of sub-section (3) of section 20 where a person, referred to in sub-section (1) of section 21 is convicted of an offence of causing , by such dangerous driving as referred to in section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving license held by such person in so far as it relate to that class or description of motor vehicle.

(2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185, is again convicted of an offence punishable under that section, the Court, making such subsequent conviction, shall, by order, cancel the driving license held by such person.

(3) If a driving license is cancelled or suspended under this section, the Court shall take the driving license in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving license so endorsed to the authority by which the license was issued or last renewed and such authority shall, on receipt of the license, keep the license in its safe custody, and in the case of suspended license, return the license to the holder thereof after the expiry f the period of suspension on an application made by him for such return;

Provided that no such license 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 license was issued or last renewed, a fresh test of competence to drive referred t in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as referred to in sub-section (3) of section 8.

(4) If a license to drive particular class or description of motor vehicles in cancelled or suspended under this section, the person holding such a license shall be debarred form holding, or obtaining, any license to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving license remains in force.

23. Effect of disqualification order,- (1) A person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving license, if any, held by such person on the date of the order shall cease to be effective to such extent and during such period.

(2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs.

(3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification: and the Court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order:

Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal.

24. Endorsement, - (1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving license, if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) shall be similarly so endorsed.

(2) A Court which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving license held by the person convicted.

(3) Any person accused of an offence prescribed under sub-section (2) shall when attending the Court bring with him his driving license if it is in his possession’

(4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period not exceeding three months, the Court awarding the sentence shall endorse the fact of such sentence upon the driving license of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving license was granted or last renewed.

(5) When the driving license is endorsed or caused to be endorsed by the any Court, such court shall send the particulars of the endorsement to the licensing authority by which the driving licnese was granted or last renewed.

(6) When on an appeal against any conviction or order of a Court, which has been endorsed on a driving license, the appalled court shall inform the licensing authority by which the driving license was granted or last renewed and such authority shall amend or cause to be amended the endorsement.

25. Transfer of endorsement and issue of diving license free from endorsement, - (1) An endorsement or any driving license shall be transferred to any new or duplicate driving license obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving license issued to him free from endorsement.

(2) Where a driving license id required to be endorsed and the driving license in 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 license, he shall produce the driving license to the Court of authority within five days. Or such linger time as the Court or authority may fix; or

(b) If, not being the holder of a driving license, he subsequently obtains a driving license, he shall within five days after obtaining the driving license produce to the Court or authority, and if the driving license 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 license has been endorsed shall, if during a continuous period of three years after such endorsement no further has been made against him, be entitled to receive a new driving license free from all endorsements

Provided that if the endorsement is only in respect of an offence contravening the speed limits referred in section 112, such person shall be entitled to receive a new driving license free from such endorsement on the expiration of one year of the date of the endorsement.

Provided further that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding a driving license shall be excluded.

26. Maintenance of State Register of Driving License,- (1) Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving License, in respect of driving licenses issued and renewed by the licensing authorities of the State Government, containing following particulars, namely,-

(a) Names and addresses or holder of driving licenses;

(b) license numbers;

(d) dates of expiry of licenses;

(e) classes and types of vehicles authorized to be driven; and

(f) such other particulars as the Central Government may prescribe.

(2) Each State Government shall supply to the Central Government a printed copy or in such other form as the Central Government may require of the State Register of Driving License and shall inform the Central Government without delay of all additions to and other amendments in such register made from time to time

(3) The State Register of Driving License shall be maintained in such manner as may be prescribed by the State Government.

27. Power of Central Government to make rules, - The Central Government may make rules-

(a) regarding conditions referred to in sub-section (2) of section 3;

(b) providing for the form in which the application for learner’s license may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 3;

(d) providing for the particulars for the test referred to in sub-section 5 of section 8;

(e) providing for the form in which the application for driving license may be made, the information it shall contain and the documents to be submitted with the application referred to in sub-section (2) of section 9;

(f) providing for the particulars regarding test of competence to drive, referred to in sub-section (3) of section 9;

(g) specifying the minimum educational qualifications of persons to whom license to drive transport vehicles may be issued under this Act and the time within which such qualifications are to be acquired by such persons;

(h) providing for the form and contents of the license referred to in sub-section (1) of section 10;

(i) providing for the forms and contents of the application referred to in sub-section (1) of section 11 and documents to be submitted with the application and the fee to be charged;

(j) providing for the conditions subject to which section 9, shall apply to an application made under section 11;

(k) providing for the form and contents on the application referred to in sub-section (1) of section 15 and the documents to accompany such application under sub-section (2) of section 15;

(l) providing for the authority to grant license under sub-section (1) of section 18;

(m) specifying the fees payable under sub-section (2) of section 8 and sub-section (3) and (4) of section 15 for the grant of learner’s license, and for the grant and renewal of driving licenses and licenses for the purpose of regulating schools or establishments for imparting instructions in driving motor vehicles;

(n) specifying the acts for the purpose of clause (f) sub-section (1) of section 19;

(o) specifying the offences under this act for the purpose of sub-section (2) of section 16;

of section 24;

(p) to provide for all or any of the matters referred to in sub-section (1) o f section 26;

(q) any other matter which is, or has to be, prescribed by the Central Government.

28. Power of state Government to make rules, - (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter other than the matters specified in section 27.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the appointment, jurisdiction, control and functions of licensing authorities and other prescribed authorities;

(b) The conduct and hearing of appeals that may be preferred under the Chapter, the fees to be paid in respect of such appeals and the refund of such fees;

Provided that no fee so fixed shall exceed twenty rupees;

photographs which have become obsolete and the fees to be charged therefor;

(d) the badges and uniform to be won by drivers of transport vehicles and the fees to be paid in

respect of badges;

(e) the fee payable for the issue of a medical certificate under sub-section (3) of section 8;

(f) the exemption of prescribed persons, or prescribed classes of persons, from payment of all or

any portion of the fees payable under this Chapter;

(g) the communication of particulars of licenses granted by other licensing authorities;

(h) the duties, functions and conduct of such persons to whom licenses to drive transport vehicles are issued;

(i) the exemption of drivers of road-rollers from all or any of the provisions of this Chapter or the rules made thereunder;

(j) the manner in which the State Register of Driving License shall be maintained under section 26;

(k) any other matter which is to be, or may be, prescribed.

Motor Vehicle Act, 1988, Chapter IV, Registration of Motor Vehicles- Sections 43 to 47 - Kerala RTO

43. Temporary registration,- (1) Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other prescribed authority to have the vehicle temporarily registered in the prescribed manner and for the issue in the prescribed manner of a temporary certificate of registration mark.

(2) A registration made under this section, shall be valid only for a period not exceeding one month, and shall not be renewable:

Provided that where a motor vehicle so registered is a chassis to which a body has not been attached and the same is detained in a workshop beyond the said period of one month for being fitted with a body or for any unforeseen circumstances beyond the control of the owner, the period may be extended by such further periods as the registering authority or other prescribed authority, as the case may be, may allow.

(3) In a case where the motor vehicle is held under hire purchase agreement, lease, or hypothecation, the registering authority or other prescribed authority shall issue a temporary certificate of such vehicles, which shall incorporate legibly the full name and address of the person with whom such agreement has been entered into by the owner.

44. Production of vehicle at the time of registration,- The registering authority shall before proceeding to register a motor vehicle, or renew the certificate of registration in respect of a motor vehicle or, as the case may be, for renewing the certificate of registration in respect of a motor vehicle, other than a transport vehicle, require the person applying for registration of the vehicle or, as the case may be for renewing the certificate of registration to produce the vehicle either before itself or such authority as the State Government may by order appoint in order that the registering authority may satisfy itself that the particulars contained in the application are true and that the vehicle complies with the requirements of the rules made there under.

45. Refusal of registration or renewal of the certificate of registration,- The registering authority may, by order, refuse to register any motor vehicle, or renew the certificate of registration in respect of a motor vehicle (other than a transport vehicle), if in either case, the registering authority has reason to believe that it is a stolen vehicle or the vehicle is mechanically defective or fails to comply with the requirements of this Act or the rules made there under, or if the applicant fail to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle or, as the case may be, for renewal of the certificate of registration thereof and the registering authority shall furnish the applicant whose vehicle is refused registration, or whose application for renewal of the certificate of registration is refused, a copy of such order, together with the reason for such refusal.

46. Effectiveness of registration in India,- Subject the provisions of section 47, a motor vehicle registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued on in force under this Act in respect of such vehicle shall be effective throughout India.

47. Assignment of new registration mark on removal to other State,- (1) When a motor vehicle registered in one State has been kept in another State, for a period of exceeding twelve months, the owner of the vehicle shall, within such period and in such form containing such particulars as may be prescribed by the Central Government, apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and shall present the certificate of registration to that registering authority:

Provided that an application under this sub-section shall be accompanied by-

( i ) by the no objection certificate obtained under section 48; or

(ii) in case where no such certificate has been obtained, by-

(a) the receipt obtained under sub-section (2) of section 48; or

( b ) the postal acknowledgement received by the owner of the vehicle if he has sent an application

in this behalf by registered post acknowledgement due to the registering authority referred to

in section 48, together with a declaration that he has not received any communication from

such authority refusing to grant such certificate of requiring him to comply with any direction

subject to which such certificate may be granted:

Provided further that, in a case where a motor vehicle is held under a hire purchase, lease or hypothecation agreement, an application under this sub-section shall be accompanied by a no objection certificate from the person with whom such agreement has been entered into, and the provisions of section 51, as far as may be, regarding obtaining of such certificate from the person with whom such has been entered into, shall apply.

(2) The registering authority, to which the application is made under sub-section (1), shall after making such verification, as it thinks fit, of the returns, if any, received under section 62, assign the vehicle a registration mark as specified in sub-section (6) of section 41 to be displayed and shown thereafter on the vehicle and shall enter the mark upon the certificate of registration before returning it to the applicant and shall, in communication with the registering authority by whom the vehicle was previously registered, arrange for the transfer of registration of the vehicle from the records of that registering authority to its own records.

(3) Where a motor vehicle is held under hire purchase or lease, or hypothecation agreement, the registering authority shall, after assigning the vehicle a registration mark under sub-section (2), inform the person whose name has been specified in the certificate of registration as the person with whom the registered owner has entered into the hire purchase or lease or hypothecation agreement ( by sending to such person a notice by registered post acknowledgement due at the address of such person entered in the certificate of registration ) the fact of assignment of the said registration mark.

(4) A State Government may make rules under section 65 requiring the owner of a motor vehicle not registered within the State, which is brought into or is for the time being in the State, to furnish to the prescribed authority in the State such information with respect to the motor vehicle and its registration as may be prescribed.

(5) If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7):

Provided that action under section 177, shall be taken against the owner where the owner fails to pay the said amount.

(6) Where the owner has paid the amount under sub-section (5), no action shall be taken against him under section 177.

(7) For the purpose of sub-section (5), State Government may prescribe different amounts having regard to the period of delay on the part of the owner in making an application under sub-section (1)

MOTOR VEHICLE ACT, 1988, CHAPTER III, LICENSING OF CONDUCTORS OF STAGE CARRIAGES- KERALA RTO

CHAPTER III

LICENSING OF CONDUCTORS OF STAGE CARRIAGES

29. Necessity for conductors license,- (1) No person shall act as a act as a conductor of a stage carriage unless he holds an effective license issued to him authorizing him to act such conductor; and no person shall employ or permit any person who is not so licensed to act as a conductor of a stage carriage.

(2) A State Government may prescribe the conditions subject to which sub-section (1) shall not apply to a driver of a stage carriage performing the functions of a conductor or to a person employed to act as conductor for a period not exceeding one month.

30. Grant of conductor's license,- (1) Any person who possesses minimum educational qualification as may be prescribed by the State Government and is not disqualified under sub-section (1) or section 31 and who is not for the time being disqualified for holding or obtaining conductor's license may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business for the issue to him a conductor's license.

(2) Every application under sub-section (1) shall be in such form and shall contain such information as may be prescribed.

(3) Every application for a conductor's license shall be accompanied by a medical certificate in such form as may be prescribed, signed by a registered medical practitioner and shall be accompanied by two clear copies of a recent photograph of he applicant.

(4) A conductor's license issued under this Chapter shall be effective throughout the State in which it is issued.

(5) The fee for a conductor's license and each renewal thereof on half of that for a driving license.

31. Disqualifications for the grant of conductor's license,- (1) No person under the age of eighteen years shall hold, or be granted, a conductor's license.

(2) The licensing authority may refuse to issue a conductor's license-

(a) if the applicant does not possess the minimum educational qualification;

(b) if the medical certificate produced by the applicant discloses that he is physically unfit to act as a conductor; and

(c) if any previous conductor's license held by the applicant was revoked.

  32. Revocation of a conductor's license on grounds of disease or disability,- A conductor's license may at any time be revoked by any licensing authority if that authority has reasonable ground to believe that the holder of the license is suffering from any disease or disability which is likely to render him permanently unfit o hold such a license and where the authority revoking a conductor's license is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued the license:

Provided that before revoking any license, the licensing authority shall give the person holding such license a reasonable opportunity of being heard.

  33. Orders refusing etc. conductor's license and appeals,-  (1) Where a licensing authority refuses to issue of renew, or revokes any conductor;s license, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving the reasons in writing for such refusal.or revocation.

(2) Any person aggrieved by an order made under sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority which shall decide the appeal after giving such person and the authority which made the order an opportunity of being heard and the decision of the appellate authority shall be binding on the authority which made the order.

35. Power of Court to disqualify,-  (1) Where any person holding a conductor's license is convicted of any offence under this Act, the Court by which such person is convicted may, in addition to imposing any other punishment authorized by law, declare the person so convicted to be disqualified for such period as the Court may specify for holding a conductor's license.

(2) The Court to which an appeal lies from any conviction of an offence under this Act may set aside or vary any order of disqualification made by the Court below, and the Court to which appeals ordinarily lie from such Court, may set aside or vary any order of disqualification made by that Court, notwithstanding that no appeal lies against the conviction in connection with which such order was made.

36. Certain provisions of Chapter II to apply to conductor's license,- The provisions of sub-section (2) of section 6, sections 14, 15 and 23, section 24 and section 25 shall, so far as may be apply in relation to a conductor's license, as they apply in relation to a driving license.

  37. Savings,- If any license to act as a conductor of a stage carriage (by whatever name called) has been issued in any State and is effective immediately before the commencement of this Act, it shall continue to be effective, not withstanding such commencement,for the period for which it would have been effective, if this Act had not been passed, and every such license shall be deemed to to be a license issued under this Chapter as if this Chapter had been in force on the date on which that license was granted.

  36. Power of State Government to make rules,- (1) A State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for-

(a) the appointment, jurisdiction, control and functions of licensing and other prescribed authorities under this Chapter;

(b) the conditions subject to which drivers of stage carriages performing the functions of a conductor and persons temporarily employed to act as conductors may be exempted from the provisions of sub-section (1) of section 29;

(c) the minimum educational qualification of a conductors, their duties and functions and the conduct of persons to whom conductor's license are issued;

(d) the form of application for conductor's license or fro renewal of such licenses and the particulars it
may contain;

(e) the form in which conductor's license may be issued or renewed and the particulars it may contain

(f) the issue of duplicate license to replace the licenses lost, destroyed or mutilated, the replacement of photographs which have become obsolete and fees to be charged therefore;

(g) the conduct and hearing of appeals that may be preferred under this Chapter, the fees to be paid in respect of such appeals and the refund of such fees;

(h) the badge and uniform to be worn by conductors of stage carriages and the fees to be paid in respect of such badges;

(i) the grant of the certificates referred to in sub-section 30 by registered medical practitioners and the form of such certificates

(j) the conditions subject to which, and the extent to which, a conductor's license issued in another State shall be effective in the State;

(k) communication of particulars of conductor's license from one authority to other authorities; and

(l) any other matter which is to be, or may, prescribed.

How to apply for driving school license R.T.O.Kerala

Application for driving school license is to be submitted in form 12 to the nearest Sub.R.T.Office/R.T.Office within whose jurisdiction the proposed driving school is going to be located. The total fee to be remitted for a driving school license is Rs 3000/- which includes a fee of Rs 2500/- and a service charge of Rs 500/- The application shall be accompanied by the following documents, namely,

(a) the original receipt of the fee remitted;

(b) the ownership certificate or rent agreement of the building/space in which the driving school is proposed to be started;

(d) consent letter of the instructor;

(e) sketch of the rooms and parking area of the school;

(f) copy of the documents used for teaching purpose;

The applicant is requested to contact the motor vehicle inspector of the area concerned and ascertain the details of the arrangements to be made for establishing a driving school and for teaching the students of a driving school.

After receiving the application, the licensing authority will conduct a detailed enquiry through the motor vehicle inspector of the area and if satisfactory report is received regarding the arrangements made for the school, the driving school license will be issued

INSPECTOR AND ASSISTANT INSPECTOR OF MOTOR VEHICLES MINIMUM QUALIFICATIONS Kerala R.T.O

INSPECTOR AND ASSISTANT INSPECTOR OF MOTOR VEHICLES

MINIMUM QUALIFICATIONS

S.O 443(E) dated June 12, 2989,- 1. In Exercise of powers conferred by sub-section (4) of section 213 of the Motor Vehicles Act,1988(59 of 1988), the Central Government hereby prescribes that the minimum qualification for the class of officers consisting of the category of Inspector of Motor Vehicles or Assistant Inspector of Motor Vehicles (by whatever names called) shall be as under-

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Qualification-

(1) Minimum general educational qualification of a pass in X standard; and

(2) A diploma in Automobile Engineering (3 years course) or a diploma in Mechanical Engineering awarded by the State Board of Technical Education (3 years course); and

(3) Working experience of at least one year in a reputed automobile workshop which undertakes repairs of both light vehicles, heavy goods vehicles and heavy passenger motor vehicles fitted with petrol and diesel engines; and

(4) Must hold a driving license authorizing him to drive motor cycle, heavy goods vehicles and heavy passenger motor vehicles.

2. Nothing contained in the notification shall apply to an officer appointed to such post before the first day of July, 1989 and to an officer appointed to discharge functions of non-technical nature.

3. This notification shall come into force on the first day of July, 1989.

Issue of NOC for removing the vehicle to other state

As per section 48 of Motor Vehicles Act “ the owner of a motor vehicle when applying for the assignment of a new registration mark under sub-section (1) of section 47, or where the transfer of a motor vehicle is to be effected in a State other than the State of its registration, the transferor of such vehicle when reporting the transfer under sub-section (1) of section 50, shall make an application in such form and in such manner as may be prescribed by the Central Government to the registering authority by which the vehicle has been registered for the issue of a certificate (hereafter in this section referred to as the no objection certificate), to the effect that the registering authority has no objection or, as the case may be, for entering the particulars of the transfer of ownership in the certificate of registration”.

The application for no objection certificate has to be filed in triplicate in form number 28. Special care has to be taken to clearly mention the designation and address of the authority to whom the NOC has to be sent and pencil print of chassis number has to be affixed in the space provided for the same. NOC from the financier has to be attached if the vehicle is held under any hire purchase, lease or hypothecation agreement. The NOC from the police officer in the area of the owner’s residence as entered in the certificate of registration also has to be attached.

There is no fee for this service, but a service charge of Rs 50/- has to be remitted and the fee receipt has to be attached with the application. Attested copies of registration certificate, insurance certificate and pollution under control certificate and the original of tax receipt have to be submitted with the application.

If all the above documents are submitted the NOC will be prepared after verifying the application. If everything is found to be ok, original of the NOC will be sent to the registering authority and a copy of the NOC will be sent to the applicant. Self addressed cover with necessary stamps for sending the NOC by registered post has to be submitted by the applicant along with the application.