Motor Vehicles Act Section 23 — Effect of disqualification order
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) states that when a person is disqualified from holding or getting a driving licence under section 19 or section 20, that person is barred from holding or obtaining a licence only to the extent and for the period mentioned in the disqualification order. Any driving licence the person already holds at the time of the order stops being effective to that same extent and for that same period.
Sub-section (2) provides that a disqualification order made under section 20 will not be suspended or postponed just because an appeal is pending against the order or against the conviction that led to the order, unless the appellate court specifically directs otherwise.
Sub-section (3) allows a person who has been disqualified to apply, after six months from the date of the order, to the Court or authority that made the order, asking for the disqualification to be removed. That Court or authority may, considering all the circumstances, either cancel or vary the disqualification order. However, if the Court or authority refuses to cancel or vary the order, a second application cannot be made until three months have passed from the date of that refusal.
Official 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 licence and the driving licence, 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 made 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.