Motor Vehicles Act Section 22 — Suspension or cancellation of driving licence on conviction
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) covers a situation where a person who is already disqualified from holding a licence under section 21 is convicted of dangerous driving under section 184 that caused death or grievous hurt to one or more people. In such a case, the court that convicts the person may cancel the driving licence, or suspend it for a period the court decides, but only in relation to the class or description of motor vehicle involved in the dangerous driving.
Sub-section (2) deals with repeat offenders under section 185. If a person who has already been convicted of an offence punishable under section 185 is convicted again for the same type of offence, the court making the second conviction must cancel the driving licence held by that person. This cancellation is mandatory, not optional.
Sub-section (3) explains what the court must do with the driving licence after it is cancelled or suspended. The court must take the licence into its custody, write the cancellation or suspension on it, and send it to the authority that issued or last renewed the licence. That authority must keep the licence in safe custody. In the case of a suspension, the licence is returned to the holder after the suspension period ends, but only if the holder applies for its return.
The proviso to sub-section (3) adds a condition for returning a suspended licence. The licence will not be returned unless the holder, after the suspension period ends, has passed a fresh driving competence test as referred to in sub-section (3) of section 9, and has produced a medical certificate in the same form and manner as referred to in sub-section (3) of section 8, both to the satisfaction of the licensing authority that issued or last renewed the licence.
Sub-section (4) states that if a licence for a particular class or description of motor vehicle is cancelled or suspended under this section, the person holding that licence is barred from holding or obtaining any licence to drive that same class or description of motor vehicle for as long as the cancellation or suspension remains in force.
Official 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 licence 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 licence held by such person.
(3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licence 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 licence 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 licence 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 licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force.