Motor Vehicles Act Section 9 — Grant of driving licence
CHAPTER II LICENSING OF DRIVERS OF MOTOR VEHICLES
Civil
Summary
Sub-section (1) lets any person who is not currently disqualified from holding or getting a driving licence apply for one. The application can be made to any licensing authority in the State where the person ordinarily lives or carries on business, or where the driving school or establishment (referred to in section 12) from which they are receiving or have received driving instruction is located.
Sub-section (2) says that every application must be made in the form, and accompanied by the fee and documents, that the Central Government prescribes.
Sub-section (3) states that if the applicant passes the test prescribed by the Central Government, they will be issued a driving licence. However, no test is needed if the applicant can prove any of the following: they previously held a driving licence for that class of vehicle and the gap between its expiry and the date of application is not more than five years; they hold or previously held a driving licence for that class of vehicle issued under section 18; or they hold a driving licence for that class of vehicle issued by a competent authority of a country outside India, provided they comply with sub-section (3) of section 8. Also, no test is needed if the applicant is not suffering from any disability that could make their driving a danger to the public, and the licensing authority may ask for a medical certificate in the same form and manner as referred to in sub-section (3) of section 8. Further, a driving licence for an adapted vehicle may be issued if the licensing authority is satisfied that the applicant is fit to drive such a vehicle.
Sub-section (4) says that if the application is for a licence to drive a transport vehicle, the licence will not be granted unless the applicant possesses a driving certificate issued by a school or establishment referred to in section 12.
Sub-section (5) says that if the applicant does not pass the test, they may be allowed to re-appear for it after a period of seven days. If the applicant does not pass the test even after three appearances, they cannot re-appear for it before sixty days have passed from the date of the last test, and they must complete a remedial driver training course from a school or establishment under section 12.
Sub-section (6) says that the test of competence to drive must be carried out in a vehicle of the type to which the application refers. A person who passes a test in driving a motor cycle with gear is also deemed to have passed a test in driving a motor cycle without gear.
Sub-section (7) says that when an application has been properly made to the appropriate licensing authority and the applicant has shown they are competent to drive, the licensing authority must issue the driving licence unless the applicant is currently disqualified. A licensing authority may issue a licence to drive a motor cycle or light motor vehicle even if it is not the appropriate authority, if there is good and sufficient reason for the applicant’s inability to apply to the appropriate authority. Also, the licensing authority will not issue a new driving licence to an applicant who previously held one unless it is satisfied that there is good and sufficient reason for the applicant’s inability to obtain a duplicate copy of their former licence.
Sub-section (8) says that if the licensing authority is satisfied, after giving the applicant an opportunity to be heard, that the applicant is a habitual criminal or habitual drunkard, or is a habitual addict to any narcotic drug or psychotropic substance under the Narcotic Drugs and Psychotropic Substances Act, 1985, or is a person whose licence to drive any motor vehicle has at any earlier time been revoked, it may refuse to issue a driving licence, recording the reasons in writing. A person aggrieved by such an order may appeal to the prescribed authority within thirty days of receiving the order.
Sub-section (9) says that any driving licence for driving a motor cycle that was in force immediately before the commencement of this Act will, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.
Sub-section (10) says that, notwithstanding anything else in this section, a driving licence to drive an e-cart or e-rickshaw will be issued in the manner and subject to the conditions that may be prescribed.
Official Text
(1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to 2[any 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 is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence.
(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. 3[
(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence:
Provided that no such test shall be necessary where the applicant produces proof to show that—
(a)
(i) the applicant has previously held a driving licence to drive such class of vehicle and that the period between the date of expiry of that licence and the date of the application does not exceed five years, or
(ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or
(iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8,
(b) the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: 4[Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.]]
(4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses 5*** a driving certificate issued by a school or establishment referred to in section 12. 65Where the applicant does not pass the test; he may be permitted to re-appear for the test after a period of seven days:
Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test[and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12].]
(6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers:
Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear.
(7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence:
Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority:
Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence.
(8) If the licensing authority is satisfied, after giving the applicant 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 a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority.
(9) Any driving 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. 2[
(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.]