Transfer of endorsement and issue of driving license free from endorsement
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Summary
Endorsements remain on any new or duplicate driving licence until the holder becomes entitled to a licence free of endorsements. If a court or authority must endorse but does not have the licence, the holder must produce it within five days (or longer if fixed) or the licence is ineffective until produced. If no further endorsements occur for three continuous years the holder can surrender the licence and, on payment of Rs.5, obtain a new licence free of endorsements; for certain speed-limit offences the period is one year. Time spent disqualified is excluded.
Example
Rohan received an endorsement on his driving licence for a minor traffic offence. He then had no further endorsements for three continuous years, so he surrendered his licence and, after paying Rs.5, got a new licence free from endorsements. If the endorsement had been only for a speed-limit breach he could have got a clean licence after one year.
Bare Act
Enacted text(1) An endorsement on 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 is required to be endorsed and the driving license is not in the possession of the Court or authority by which the endorsement is to be made, then—
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(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 or authority within five days, or such longer time as the court or authority may fix; or
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(b) if, not being then the holder of a driving license, he subsequently obtains a driving license, he shall within five days after obtaining the driving license produce it 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 endorsement has been made against him, be entitled on surrendering his driving license and on payment of a fee of five rupees, 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 to in section 112, such person shall be entitled to receive a new driving license free from such endorsements 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, and period during which the said person was disqualified for holding or obtaining a driving license shall be excluded.
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