Motor Vehicles Act, 1988
(5) substituted by Act 54 of 1994, S. 7 ( w.e.f. 14-11-1994). Prior to its substitution, sub-S. (5) reads as under :- “(5) Where the applicant does not pass to the satisfaction of the licensing authority the test of competence to drive under sub-S. (3), he shall not be qualified to re-appear for such test, - (a) in the case of first three such tests, before a period of one month from the date of last such test ; and (b) in the case of such test after the first three tests, before a period of one year from the date of last such test.” 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 : 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Act, 1985 ( 61 of 1985 ) ; or (c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, It may for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a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. Corresponding Law.- Sub-sections (1),(2),(3),(6) and (7) of section 9 correspond to sub-sections (1),(2),(6), (7) and (8) respectively, of section 7 of the Motor Vehicles Act, 1939. However, sub-sections (4),(5),(8) and (9) of section9, are new provisions. Objects and Reasons. - Clause 9 sets out the procedures in the grant of driving licences. A pass in the test of competence to drive a motor vehicle of the type to which the application refers, is a pre-condition for the grant of driving licence. This clause also seeks to empower the Central Government to exempt certain class of persons from the test of competence to drive. This clause also seeks to impose a condition that applicants for licence to drive a transport vehicle should produce alongwith the application a driving certificate from a recognised driving institution. It also provides the circumstances under which a licensing authority may refuse to issue a driving licence.