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MVA, 1988
Start Practicing
MVAChapter IISection 19
Section19

Power of licensing authority to disqualify from holding a driving license or revoke such license

AI Assist

Summary

After a hearing, a licensing authority may disqualify a person from holding or obtaining a driving licence, or revoke the licence, if the holder is a habitual criminal or drunkard, addicted, used a vehicle in a cognizable offence, obtained the licence by fraud, failed required tests, or otherwise poses danger or nuisance to the public. The holder must surrender the licence and the authority will retain it or endorse and notify the issuing authority. An appeal lies to the prescribed authority within 30 days and that order is final.

Example

Rohan repeatedly drove while intoxicated and failed the medical tests required by the licensing authority. After giving him a chance to be heard, the authority disqualified him for one year and ordered him to surrender his driving licence. Rohan may appeal to the prescribed authority within 30 days.

Bare Act

Enacted text

(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 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

  • (c) is using or has used a motor vehicle in the commission of a cognizable offence; 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 objects 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 learner’s license or a driving license with the consent in writing of the person having the care of the holder of the license and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order—

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

(ii) revoke any such license.

(2) Where an order under sub-section (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 of revocation to the authority which issued that license:
    Provided that where the driving license 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 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 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.

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II

Chapter II

Licensing of Drivers of Motor Vehicles

In this chapter

  • 3Necessity for driving license
  • 4Age limit in connection with driving of motor vehicles
  • 5Responsibility of owners of motor vehicles for contravention of sections 3 and 4
  • 6Restrictions on the holding of driving licenses
  • 7Restrictions on the granting of learner’s licenses for certain vehicles
  • 8Grant of learner’s license
  • 9Grant of driving license
  • 10Form and contents of licenses to drive
  • 11Additions to driving license
  • 12Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles
  • 13Extent of effectiveness of licenses, to drive motor vehicles
  • 14Currency of licenses to drive motor vehicles
  • 15Renewal of driving licenses
  • 16Revocation of driving license on grounds of disease or disability
  • 17Orders refusing or revoking driving licenses and appeals therefrom
  • 18Driving licenses to drive motor vehicles, belonging to the Central Government
  • 19Power of licensing authority to disqualify from holding a driving license or revoke such license
  • 20Power of Court to disqualify
  • 21Suspension of driving license in certain cases
  • 22Suspension or cancellation of driving license on conviction
  • 23Effect of disqualification order
  • 24Endorsement
  • 25Transfer of endorsement and issue of driving license free from endorsement
  • 26Maintenance of State Registers of Driving Licences
  • 27Power of Central Government to make rules
  • 28Power of State Government to make rules
Previous · Section 18Driving licenses to drive motor vehicles, belonging to the Central GovernmentNext · Section 20Power of Court to disqualify