THE MOTOR VEHICLES ACT, 1988 - 1

Q:

What is a Driving License in India?

Driving licence” means the licence issued by a competent authority under Chapter II of the Motor Vehicles Act, 1988 authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description.

Q:

What is a Learners License in India?

“Learner’s licence” means the licence issued by a competent authority under Chapter II of the Motor Vehicles Act, 1988 authorising the person specified therein to drive as a learner, a motor vehicle or a motor vehicle of any specified class or description.

Q:

What is the age limit for driving in India?

According to Section 4 of the Motor Vehicles Act, 1988 - No one below 18 Years of age can drive a motor vehicle in any public space. However, a motor cycle upto 50CC can be driven by anyone who has attained 16 years of age.

Q:

Who is responsible if a person below 18 years drives a motor vehicle and what is the punishment

The owner or any person in charge of a motor vehicle who causes, or permits, any other person who is not authorized to drive the vehicle shall be punishable with –

  • Imprisonment upto 3 months; or
  • With fine of INR 5000; or
  • c. With both of the above.

Q:

What is the punishment to drive a vehicle without a license?

  • Imprisonment upto 3 months; or
  • With fine of INR 5000; or
  • With both of the above.

Q:

What is the validity of Learners License in India?

6 Months from the date of issue.

Q:

What is the validity of Driving License in India?

A Driving License issued or renewed shall be VALID for –

  • 3 years – if it is a license to drive a transport vehicle carrying goods of dangerous or hazardous nature;
  • 5 Years – if it is a licence to drive a transport vehicle;
  • Until the person attains age of 40 – if the person is below the age of 30 years on the date of issue or renewal;
  • 10 Years – if the person is aged between 30 to 50 years on the date of issue or renewal;
  • Until the person attains age of 60 – if the person is aged between 50 to 55 years on the date of issue or renewal;
  • 5 Years – if the person is aged 55 years or above on the date of issue or renewal.

Q:

Can you file an appeal against the decision of licensing authority (RTO) to refuse or revoke a license?

Yes, it can be made within 30 days of the order – Section 17 of the Motor Vehicles Act, 1988 provides for the same.

Q:

Is registration of Vehicle compulsory?

Yes – according to Section 39 of the Motor Vehicle Act, 1988.

Q:

Who can get a Vehicle registered and where?

Every owner of a motor vehicle shall cause the vehicle to be registered by any registering authority in the State in whose jurisdiction he has the residence or place of business where the vehicle is normally kept.

In case of a new Vehicle – dealer shall get the vehicle registered.

Q:

Can a vehicle be registered temporarily?

Yes – a motor vehicle can be registered temporarily where the registering authority shall issue a temporary certificate of registration and temporary registration mark for a period of 1 month.

Q:

Can RTO (or registering authority) refuse registration of vehicle or renewal of Certificate of Registration?

Yes, registering authority can deny to register or renew registration certificate in certain cases like –

  • a. if registering authority has reason to believe that it is a stolen motor vehicle; or
  • b. the vehicle is mechanically defective; or
  • c. fails to comply with the requirements of Motor Vehicle Act or of the rules made thereunder; or d. if the applicant fails to furnish particulars of any previous registration of the vehicle or furnishes inaccurate particulars in the application for registration of the vehicle.