Motor Vehicles Act Section 8 — Grant of learner’s licence

CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES

Civil

Summary

Any person who is not disqualified under section 4 for driving a motor vehicle, and who is not currently disqualified from holding or obtaining a driving licence, may apply for a learner's licence. This application can be made to any licensing authority in the State where the person ordinarily lives or carries on business, or where the school or establishment from which they intend to receive driving instruction is located. This is subject to the provisions of section 7.

Sub-section (2) states that every application for a learner's licence must be made in the form prescribed by the Central Government, and must be accompanied by the documents, fee, and submitted in the manner (including electronic means) that the Central Government prescribes.

Sub-section (3) provides that every application to drive a transport vehicle must be accompanied by a medical certificate. This certificate must be in the form prescribed by the Central Government and signed by a registered medical practitioner appointed for this purpose by the State Government or by a person authorised by the State Government through an official notification.

Sub-section (4) says that if the application or the medical certificate shows that the applicant has a disease or disability that is likely to make driving a motor vehicle of the class covered by the learner's licence a danger to the public or to passengers, the licensing authority must refuse to issue the licence. However, a learner's licence limited to driving an adapted vehicle may be issued if the licensing authority is satisfied that the applicant is fit to drive such a vehicle.

Sub-section (5) provides that no learner's licence will be issued to any applicant unless they satisfy the conditions prescribed by the Central Government.

Sub-section (6) states that when an application has been properly made to the appropriate licensing authority, and the applicant has proven their physical fitness under sub-section (3) and passed the test referred to in sub-section (5), the licensing authority must issue the learner's licence. This is subject to the provisions of section 7, and unless the applicant is disqualified under section 4 or is currently disqualified from holding or obtaining a driving licence. A licensing authority may issue a learner's licence to drive a motor cycle or light motor vehicle even if it is not the appropriate authority, if there is good reason for the applicant's inability to apply to the appropriate authority. A licensing authority may also issue a learner's licence in electronic form as prescribed by the Central Government, and may verify the identity of the applicant in the manner prescribed by the Central Government before issuing the licence.

Sub-section (7) provides that the Central Government may, if it is satisfied that it is necessary or expedient, make rules to exempt any class of persons from the provisions of sub-section (3) or sub-section (5), or both. This exemption may be absolute or subject to conditions specified in the rules.

Sub-section (8) states that any learner's licence for driving a motor cycle that was in force immediately before the commencement of this Act will, after such commencement, be considered effective for driving a motor cycle with or without gear.

Official Text

(1) Any person who is not disqualified under section 4 for driving a motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence may, subject to the provisions of section 7, apply to 3[any of the licensing authority in the State]—

(i) in which he ordinarily resides or carries on business, or

(ii) in which the school or establishment referred to in section 12 from where he intends to receive instruction in driving a motor vehicle is situate, for the issue to him of a learner’s licence.

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such documents 4[with such fee and submit in such manner, including electronic means] as may be prescribed by the Central Government.

(3) Every application 5[to drive a transport vehicle made] under sub-section (1) shall be accompanied by a medical certificate in such form as may be prescribed by the Central Government and signed by such registered medical practitioner, as the State Government or any person authorised in this behalf by the State Government may, by notification in the Official Gazette, appoint for this purpose: 6* * * * *

(4) If, from the application or from the medical certificate referred to in sub-section (3), it appears that the applicant is suffering from any disease or disability which is likely to cause the driving by him of a motor vehicle of the class which he would be authorised by the learner’s licence applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner’s licence:

Provided that a learner’s licence limited to driving an 7[adapted vehicle] may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage.

(5) No learner’s licence shall be issued to any applicant unless he 8[satisfies such conditions] as may be prescribed by the Central Government.

(6) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner’s licence unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a licence to drive a motor vehicle:

Provided that a licensing authority may issue a learner’s licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant’s inability to apply to the appropriate licensing authority. 1[Provided further that a licencing authority may issue a learner’s licence in electronic form and such manner as may be prescribed by the Central Government:

Provided also that the licensing authority may, before issuing the license, verify the identity of the applicant in such manner as may be prescribed by the Central Government.]

(7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both.

(8) Any learner’s licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.