In this blog post, Shreya Shikha, a second-year student pursuing B.B.A LLB (Hons.) from Chanakya National Law University, Patna describes the process of obtaining a driving license in New Delhi.
As per Section 3 of the Central Motor Vehicle Act, 1988 nobody can drive at any public place until he holds an effective driving license issued to him authorizing him to drive the vehicle. A motor cab or motor vehicle hired by a person for his own personal use or rented under a scheme to drive a transport vehicle is an exception. Section 5, of the Motor Vehicle Act, 1988 talks about the responsibility of the owner, of not to allow one’s vehicle to be driven by others.
Different types of driving license[1]
Learner’s License
The Learner’s License is a kind of temporary license. It is valid up to only six months. It is issued based either on the place of residence, workplace school or place where the learner intends to receive driving instructions. Learner’s license holder is not eligible to drive a transport vehicle unless he drives a light motor vehicle (LMV) for one year.
- Learner’s License to drive an LMV: Under this provision, no person under the age of 18 years shall be eligible for a learner’s license and to drive a motor vehicle without gear except in writing with a person having the care of the person (guardian). A Medical Certificate is an essential requirement for the application form in case of a vehicle other than LMV.
Permanent Driving License
A Permanent driving license is issued after thirty days (to apply within 180 days) from the date of issue of the learner license. It is presumed that the person who gets a permanent driving license should be familiar with all the vehicle systems, driving, traffic rules & regulations.
Duplicate Driving License
Duplicate License is issued in the case of loss, theft, or on mutilation of the original license. The documents required to be produced for a duplicate license are:
- An application in form [2]
- If the license gets lost, there is a need to produce a copy of FIR for the same.
- Challan clearance report from RTA Office (in case of commercial licence renewal)
The duplicate license functions similar and is valid for the same period as the original license. It is always recommended to keep a photocopy of the original license or particulars of license noted down to make it easier for the issuing authority to locate the particulars from their record.
Motorcycle License or Two-wheeler License
A Motorcycle licence or Two-wheeler license is issued by the Regional Transport Authority (RTO) to permit driving of only two-wheeler vehicles like the bike, scooter, moped, etc.
Light Motor Vehicle License (LMV)
Light Motor Vehicle License is issued to drive light motor vehicles only. The light motor vehicles include jeeps, motor cars, auto rickshaws, taxies, three-wheelers, delivery vans, etc.
Heavy Motor Vehicle License (HMV)
It is issued to drive Heavy Motor Vehicle. Heavy Motor Vehicle includes heavy vehicles like trucks, buses, tourist coaches, cranes, goods carriages, etc. A person with HMV license can drive light vehicles, but a person having Light Motor Vehicle License is not permitted to drive heavy vehicles.
International Driving License
The motor licensing authority also issues International Driving License. A person visiting the country is required to collect the license from there within one year period. Documents which are required to produce address proof, birth certificate, valid passport and valid visa. The validity of this license is for one year.
Age limit for obtaining the driving license
Anyone who is above 18 years of age is eligible to obtain a driving license by following the prescribed procedures. But a motor vehicle of engine capacity not exceeding 50cc can be driven by a person who is under the age of 16 years.[3] No person under the age of 20 years shall be eligible to drive a transport vehicle.
The documents required to get Learner’s License are:
The documents required along with the learner application form are as follows:
- Residence proof –
- Attested copy of any of the following:
- Ration card
- Electricity/Tel.Bill/House Tax receipts
- Life Insurance Policy
- Passport
- Voter Identity Card
- Pay slip issued by any office in the Central/State or a local body
- The consent from parents in blood relation can be treated as residence proof if parents enclose their residence proof
- Other authentic proof acceptable by M.L.O.
- Age Proof
- Attested copies of any of the following:
- School certificate
- Passport
- Birth Certificate
- Certificate from Central/State Govt. or a local body
- Identity card/voter list
- PAN of Income Tax card
- Other authentic proof acceptable by M.L.O.
- Age Proof
- Form No.2: Application for learner license with passport size photograph.
- Form No.1 A: Medical certificate –It is required in case of commercial licenses or age above 40 years for private non/commercial vehicles having passport size photograph.
- Form No.3: Learner license form with photographs.
- Form No.1: Self declaration of Medical fitness. Remember to bring the originals of the documents whose attested copies are enclosed.
The documents required for obtaining Permanent Driving License are:-
An application for a driving license shall be made in form no.4 and shall be accompanied by:[4]
- You need a learner’s license to drive the vehicle of the type to which application relates.
- You have to pay appropriate fee as specified for the test of competence to drive and issue of license.
- Nationality Proof and citizenship Proof. (Attested photocopies)
- One recent passport size photograph
- A driving certificate in Form No. 5 & 14 issued by the school or establishment from where you received instructions.
- Category of the vehicle, you are applying for the license.
Suspension of driving license
According to section 19 of The Motor Vehicles Act, 1988 a license can go for suspension if he has caused death or grievous hurt of one or more persons. Conditions where Licensing Authority can revoke a license are:
- Habitual Criminal
- Drunkard
- Addicted to Psychotropic substances and Narcotic Drugs.
- Does any fraud or misrepresentation in obtaining the Driving License.
- Has used or is using a motor vehicle in the commissioning of offences.
- Driving to cause danger to public based on previous conduct.
- Any person, who is under the age of 18 years, has been granted the learner’s license, but at present, he is not under the care of such guardian.
In case the vehicle is lost or destroyed or become permanently incapable[5], the registering authority has the power to cancel the registration of the vehicle.
The driver of any motor vehicle is duty bound to produce License for examination if called by the authorities. Another thing is that if one’s vehicle is involved in any accident then, the person is duty bound to stop the vehicle.[6]
Click here to know your nearby zonal offices [Delhi]:
References:
[1] http://www.indiandrivingschools.com/driving-license-in-india.php
[2] You may find LLD form here.http://www.tn.gov.in/sta/formlld.pdf
[3] http://www.indiandrivingschools.com/driving-license-in-india.php
[4]http://www.delhi.gov.in/wps/wcm/connect/doit_transport/Transport/Home/Driving+Licence/Permanent+Driving+Licence.
[5] Section 53 of The Motor Vehicles Act, 1988.
[6] http://indianlawwatch.com/practice/traffic-laws-and-road-safety-issues-in-india/.
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