Effect of disqualification order
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Summary
When an authority orders disqualification for driving, the person is barred, for the stated period and extent, from holding or obtaining a driving licence and any licence they then hold stops operating to that extent and time. If the disqualification follows a conviction, it continues while an appeal is pending unless the appellate court suspends it. After six months the person may apply to the same court or authority to cancel or vary the order; if refused, they must wait three months before reapplying.
Example
Ravi gets a one-year disqualification after a conviction for dangerous driving. He cannot use his driving licence or obtain a new one for that year, and his existing licence is ineffective for that period. He files an appeal, but the disqualification remains unless the appellate court suspends it. After six months he applies to the original court to remove the disqualification.
Bare Act
Enacted text(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 and the driving license, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period.
(2) The operation of a disqualification order mad 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.
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