Motor Vehicles Act Section 3 — Necessity for driving licence

Summary

Sub-section (1) states that no person may drive a motor vehicle in any public place unless they hold a valid driving licence that authorises them to drive that vehicle. It also states that no person may drive a transport vehicle — other than a motor cab or motor cycle hired for their own use or rented under a scheme made under sub-section (2) of section 75 — unless their driving licence specifically entitles them to drive that type of transport vehicle.

Sub-section (2) states that the conditions under which sub-section (1) will not apply to a person who is receiving instructions in driving a motor vehicle will be those prescribed by the Central Government.

Official Text

(1) No person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle; and no person shall so drive a transport vehicle [other than 4[a motor cab or motor cycle] hired for his own use or rented under any scheme made under sub-section (2) of section 75] unless his driving licence specifically entitles him so to do.

(2) The conditions subject to which sub-section (1) shall not apply to a person receiving instructions in driving a motor vehicle shall be such as may be prescribed by the Central Government.

Sections referred to

• Motor Vehicles Act §75 — Scheme for renting of motor cabs

Referred to by

• Motor Vehicles Act §5 — Responsibility of owners of motor vehicles for contravention of sections 3 and 4
• Motor Vehicles Act §27 — Power of Central Government to make rules
• Motor Vehicles Act §180 — Allowing unauthorised persons to drive vehicles
• Motor Vehicles Act §181 — Driving vehicles in contravention of section 3 or section 4
• Motor Vehicles Act §207 — Power to detain vehicles used without certificate of registration permit, etc

Related Judgments

• MUKUND DEWANGAN vs ORIENTAL INSURANCE COMPANY LIMITED — Supreme Court of India (2017)
• ORIENTAL INSURANCE CO. LTD. vs ANGAD KOL AND ORS — Supreme Court of India (2009)
• ASHOK GANGADHAR MARATHA vs ORIENTAL INSURANCE CO. LTD — Supreme Court of India (1999)
• MUKUND DEWANGAN vs ORIENTAL INSURANCE CO. LTD. ETC — Supreme Court of India (2016)
• ORIENTAL INSURANCE CO. LTD. vs ZAHARULNISHA & ORS — Supreme Court of India (2008)
• The New India Assurance Co. Ltd. vs Chandrakala Ramdas Dusane and others, …, Mr. Devendranath S. Joshi for — Bombay High Court (Mumbai Principal Seat) (2014)