Suspension or cancellation of driving license on conviction
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Summary
Court may cancel or suspend a person’s driving licence for the relevant vehicle class if they are convicted of dangerous driving that causes death or grievous hurt. A repeat conviction for driving under the influence leads to mandatory cancellation. The court takes the licence, endorses the order and sends it to the issuing authority; suspended licences are returned only after the suspension ends, a fresh driving test and a medical certificate.
Example
Priya drives recklessly and seriously injures a pedestrian; the court convicts her of dangerous driving and may suspend or cancel her licence for that vehicle class. If she already had a prior conviction for drunk driving and is convicted again, the court must cancel her licence.
Bare Act
Enacted text(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 is 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 relates 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 a suspended license, return the license 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 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 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 license to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a license shall be debarred from 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.
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