If you are driving a motor vehicle not according to the manner prescribed by the rules,your driving license may be suspended or revoked by the competent authority, for offences booked , under Motor Vehicles Act 1988 ,subject to certain guidelines .
Motor Vehicles Act 1988,empowers the Licensing Authority of the regions,in addition to the judiciary,to disqualify driving license of an offender,against whom a case has been registered under motor vehicles act or rules,not for all offences but few listed below.The Regional Transport Officers,Joint Regional Transport Officers are the authority empowered by the act to take such proceedings.
Section 19 MV Act empowers the Licensing Authority ,either to disqaulify from holding or obtaining ,or to revoke a driving license on commissioning of offences noted below:
Procedure for Revocation or Disqualification
For Disqualification or Revocation of a Driving License personnel hearing of the offender is mandatory.When a case is booked ,a notice for person hearing will be given to the accused either at the spot itself or by post.The notice will contain the date for conducting Personal hearing.The Licensing Authority or Additional Licensing Authority will hear the accused and based on the findings ,the case will be finalized according to the content and merit of each case.
Driving License Need to be Deposited with the Authority.
If Disqualification or Revocation is awarded after personal hearing,such disqualification will take effect at the date fixed by the Licensing Authority.The accused is TOATALLY barred from driving any motor vehicle at public place,wef the date of effect of disqualification.The Driving License need to be surrendered before the same authority and the authority will endorse the punishment details in the license and will keep the license till expiry of the Disqualification Period ,If it its is not the authority which originally issued the License,will forward the License to the Original Authority which issued the License.In such case the accused has to re collect the License after the expiry of disqualification from the New Licensing Authority.
Competent Authority For Disqualification of Driving License
Any Licensing Authority in the country is empowered to Disqualify a Driving License u/s 19 (1) MV Act,on sufficient grounds.However giving an opportunity to hear the accused before taking any action under this section is a statutory requirement.If the Licensing authority is not same,which issued the Driving License,it has to forward the License to the Original Licensing Authority along with the order of Disqualification,for safe custody of the License.In Kerala,Licensing Authority
( R T O ), Additional Licensing Authority ( Joint R T O ), Asst Licensing Authority ( M V I ) are empowered to take action under this provision.
Period Of Disqualification
The maximum and minimum period of disqualification not mentioned elsewhere in the act.Hence fixation of period is the discretionary power of the concerned Licensing Authority,However the guidelines issued by the Supreme Court in this case are followed by the respective authorities.
Revocation and Disqualification
The Section 19(1) empower the Licensing Authority to Disqualify a driving License for a specific Period or to Revoke a Driving License.There is no specific distinction between offences which fall for Disqualification or Revocation.Literally ,the meaning of revocation is:
Hence it is the discretionary of licensing authority to select between Disqualification and Revocation of Driving License.
Discretionary powers of Licensing Authorities
The choice between Revocation and Disqualification as well as period of Disqualification are the important Discretionary powers of the Licensing Authority.These authority need to take into account of the seriousness of the offence committed before ordering Revocation or Disqualification of Driving License. The period of Disqualification may differ from case to case.
Appellate authority
The authority empowered to hear appeal against the order of Licensing Authority,is the Deputy Transport Commissioner of the Zone.If the aggrieved order is passed by the Assistant Licensing Authority,then appeal may be preferred to the Licensing Authority of the Region.
Time Limit for Appeal
The time limit for filing an appeal aganist the order of Disqualification or Revocation of Driving License shall be 30 days from date of receipt of the order.
Form of Appeal
The Appeal shall be in the form of a memorandum,setting forth concisely the grounds of objection to the order which,is under subjected to appeal.
It shall be accompanied by Original or Certified copies of the said order.
The Memorandum of Appeal shall be in duplicate copy and one shall be affixed with court fees stamp.
Hearing on Appeal
The appellate authority will hear the person aggrieved by the order as well as call for records from the concerned Licensing Authority which issued the said order.The order passed by the appellate authority ,after hearing and perusal of records , will be final.
Section 19 MV Act empowers the Licensing Authority ,either to disqaulify from holding or obtaining ,or to revoke a driving license on commissioning of offences noted below:
- Habitual Criminal or Habitual drunkard
- Habitual addict to narcotic drugs
- Used or using a motor vehicle for commissioning of a cognizable offence
- His previous conduct as driver is likely to be attended with danger to public,
- He has committed an act which is likely to cause nuisance or danger to the public.
Further , The Central Motor Vehicles Rules 1989,further enumerates the instances of act or offence for which Disqualification or Revocation of Driving License of accused is applicable.Important instances applicable for private vehicle drivers are :
- Theft of motor vehicles
- Assault on passengers
- Theft on personel effect of passengers or goods from goods vehicles
- Driver engaging himself in an activity which is likely to disturb his concentration
- Abduction of passengers
- Carrying Overload
- Driving at Over Speed
- Failing to comply with the statutory Duty of the driver at the time of road accident,when a person injured or third property is damaged . This includes failure to give medical care to the injure,failure to give information to police regarding the accident and give information to the Insurance Company.
- Failure to stop a vehicle when Direction given by Officers to do so.
- smoking in a public vehicle,while driving.
- Misbehavior to passengers.(Commercial vehicles only)
- Abandoning vehicle at public Place.
- Driving vehicle under the influence of alcohol.
- Using Mobile phone while driving a motor Vehicle.
Procedure for Revocation or Disqualification
For Disqualification or Revocation of a Driving License personnel hearing of the offender is mandatory.When a case is booked ,a notice for person hearing will be given to the accused either at the spot itself or by post.The notice will contain the date for conducting Personal hearing.The Licensing Authority or Additional Licensing Authority will hear the accused and based on the findings ,the case will be finalized according to the content and merit of each case.
Driving License Need to be Deposited with the Authority.
If Disqualification or Revocation is awarded after personal hearing,such disqualification will take effect at the date fixed by the Licensing Authority.The accused is TOATALLY barred from driving any motor vehicle at public place,wef the date of effect of disqualification.The Driving License need to be surrendered before the same authority and the authority will endorse the punishment details in the license and will keep the license till expiry of the Disqualification Period ,If it its is not the authority which originally issued the License,will forward the License to the Original Authority which issued the License.In such case the accused has to re collect the License after the expiry of disqualification from the New Licensing Authority.
Competent Authority For Disqualification of Driving License
Any Licensing Authority in the country is empowered to Disqualify a Driving License u/s 19 (1) MV Act,on sufficient grounds.However giving an opportunity to hear the accused before taking any action under this section is a statutory requirement.If the Licensing authority is not same,which issued the Driving License,it has to forward the License to the Original Licensing Authority along with the order of Disqualification,for safe custody of the License.In Kerala,Licensing Authority
( R T O ), Additional Licensing Authority ( Joint R T O ), Asst Licensing Authority ( M V I ) are empowered to take action under this provision.
Period Of Disqualification
The maximum and minimum period of disqualification not mentioned elsewhere in the act.Hence fixation of period is the discretionary power of the concerned Licensing Authority,However the guidelines issued by the Supreme Court in this case are followed by the respective authorities.
Revocation and Disqualification
The Section 19(1) empower the Licensing Authority to Disqualify a driving License for a specific Period or to Revoke a Driving License.There is no specific distinction between offences which fall for Disqualification or Revocation.Literally ,the meaning of revocation is:
"Revocation refers to the cancelling or annulment of something by some authority. When revocation happens, a privilege, title, or status is removed from someone."
Hence it is the discretionary of licensing authority to select between Disqualification and Revocation of Driving License.
Discretionary powers of Licensing Authorities
The choice between Revocation and Disqualification as well as period of Disqualification are the important Discretionary powers of the Licensing Authority.These authority need to take into account of the seriousness of the offence committed before ordering Revocation or Disqualification of Driving License. The period of Disqualification may differ from case to case.
Appellate authority
The authority empowered to hear appeal against the order of Licensing Authority,is the Deputy Transport Commissioner of the Zone.If the aggrieved order is passed by the Assistant Licensing Authority,then appeal may be preferred to the Licensing Authority of the Region.
Time Limit for Appeal
The time limit for filing an appeal aganist the order of Disqualification or Revocation of Driving License shall be 30 days from date of receipt of the order.
Form of Appeal
The Appeal shall be in the form of a memorandum,setting forth concisely the grounds of objection to the order which,is under subjected to appeal.
It shall be accompanied by Original or Certified copies of the said order.
The Memorandum of Appeal shall be in duplicate copy and one shall be affixed with court fees stamp.
Hearing on Appeal
The appellate authority will hear the person aggrieved by the order as well as call for records from the concerned Licensing Authority which issued the said order.The order passed by the appellate authority ,after hearing and perusal of records , will be final.
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