Motor Vehicles Act Section 19 — Power of licensing authority to disqualify from holding a driving licence or revoke such licence
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) sets out the situations in which a licensing authority can disqualify a person from holding a driving licence or revoke such a licence, but only after giving the licence holder a chance to be heard. The authority must be satisfied that one of the listed grounds applies, and it must record its reasons in writing before making the order.
Under clause (a) of sub-section (1), the ground is that the person is a habitual criminal or a habitual drunkard.
Under clause (b) of sub-section (1), the ground is that the person is a habitual addict to any narcotic drug or psychotropic substance as defined in the Narcotic Drugs and Psychotropic Substances Act, 1985.
Under clause (c) of sub-section (1), the ground is that the person is using or has used a motor vehicle in the commission of a cognizable offence.
Under clause (d) of sub-section (1), the ground is that the person's past conduct as a driver shows that their driving is likely to be dangerous to the public.
Under clause (e) of sub-section (1), the ground is that the person obtained any driving licence, or a licence to drive a particular class or description of vehicle, by fraud or misrepresentation.
Under clause (f) of sub-section (1), the ground is that the person has committed any act which is likely to cause nuisance or danger to the public, as may be prescribed by the Central Government.
Under clause (g) of sub-section (1), the ground is that the person has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22.
Under clause (h) of sub-section (1), the ground applies to a person under eighteen years of age who was granted a learner's licence or driving licence with the written consent of the person having care of them, and who has ceased to be in such care. In this case, the authority may make an order either disqualifying the person for a specified period from holding or obtaining any driving licence to drive all or any classes or descriptions of vehicles specified in the licence, or revoking any such licence.
Sub-section (1A) deals with a situation where a licence has been forwarded to the licensing authority under sub-section (4) of section 206. After giving the licence holder an opportunity to be heard, the authority may either discharge the holder or, for detailed reasons recorded in writing, make an order disqualifying the person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence. For a first offence, the disqualification is for a period of three months. For a second or subsequent offence, the order is for revocation of the driving licence. The proviso to this sub-section states that where a driving licence is revoked, the name of the holder may be placed in the public domain in such manner as may be prescribed by the Central Government.
Sub-section (2) requires that when an order under sub-section (1) or sub-section (1A) is made, the licence holder must immediately surrender their driving licence to the licensing authority making the order, if it has not already been surrendered. The authority must then take one of three actions: if the licence was issued under this Act, keep it until the disqualification has expired or been removed; if it was not issued under this Act, endorse the disqualification on it and send it to the authority that issued it; or, in the case of revocation, endorse the revocation on it and, if the authority is not the one that issued it, inform that issuing authority of the revocation. The proviso states that the licence will be returned to the holder at the end of the disqualification period only if the holder successfully completes the driver refresher training course.
Sub-section (2A) states that a licence holder whose licence has been suspended must undergo the driver refresher training course from a school or establishment licensed and regulated under section 12, or from such other agency as may be notified by the Central Government.
Sub-section (2B) states that the nature, syllabus and duration of the driver refresher training course shall be as prescribed by the Central Government.
Sub-section (3) provides that any person aggrieved by an order made by a licensing authority under sub-section (1) or sub-section (1A) may appeal to the prescribed authority within thirty days of receiving the order. The appellate authority must give notice to the licensing authority and hear either party if required by that party. It may pass such order as it thinks fit, and the order passed by the appellate authority is final.
Official Text
(1) If a licensing authority is satisfied, after giving the holder of a driving licence 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
(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 licence or a licence 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 licence or a driving licence with the consent in writing of the person having the care of the holder of the licence 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 licence to drive all or any classes or descriptions of vehicles specified in the licence; or
(ii) revoke any such licence. 1[
(1A) Where a licence has been forwarded to the licensing authority under sub-section (4) of section 206, the licensing authority, if satisfied after giving the holder of the driving licence an opportunity of being heard, may either discharge the holder of a driving licence or, it may for detailed reasons recorded in writing, make an order disqualifying such person from holding or obtaining any licence to drive all or any class or description of vehicles specified in the licence—
(a) for a first offence, for a period of three months;
(b) for a second or subsequent offence, with revocation of the driving licence of such person:
Provided that where a driving licence is revoked under this section, the name of the holder of such driving licence may be placed in the public domain in such manner as may be prescribed by the Central Government.]
(2) Where an order under sub-section (1) 1[or sub-section (1A)] is made, the holder of a driving licence shall forthwith surrender his driving licence to the licensing authority making the order, if the driving licence has not already been surrendered, and the licensing authority shall,—
(a) if the driving licence is a driving licence issued under this Act, keep it until the disqualification has expired or has been removed; or
(b) if it is not a driving licence 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 licence, 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 licence: 2[Provided that the driving licence shall be returned to the holder at the end of the period of disqualification only if he successfully completes the driver refresher training course.] 3[
(2A) The licence holder whose licence has been suspended shall undergo the driver refresher training course from a school or establishment licenced and regulated under section 12 or such other agency, as may be notified by the Central Government.
(2B) The nature, syllabus and duration of the driver refresher training course shall be such as may be prescribed by the Central Government.]
(3) Any person aggrieved by an order made by a licensing authority under sub-section (1) 1[or sub-section (1A)] 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.