Legal Provisions Pertaining to Driving Licenses

All proud owners of cars and bikes are often so immersed in their admiration for their brand new vehicles that they tend to overlook the importance of the paperwork concerning the vehicle. Numerous motorists and drivers are unaware of the basic rules and regulations regarding their driver’s licenses - mostly the norms pertaining to the issuance, revocation as well as suspension of this crucial document. Therefore, mymoneykarma has compiled a comprehensive list of all relevant Laws and Acts related to driver’s license:

• Section 3: This section states that driving a motor vehicle without a driving license is a serious and punishable offense.

• Section 4: This section states that the minimum age to apply for a driver’s license are as follows:

  • 16 years for two-wheelers without gear.
  • 18 years for two-wheelers with gear and light-weight motor vehicles (LMV).
  • 20 years and at least a year's experience in driving an LMV with a valid license for all transport vehicles.

• Section 5: This section states that vehicle owners must not allow anyone without a driver’s license to drive their vehicles. If underage children drive their parent's vehicle without a valid driver's license, parents would be prosecuted under the law.

• Section 19: This section lists the various offenses for which a driving license can be suspended. The following instances can lead to the suspension of one's driving license:

  • If the person is a habitual criminal.
  • If the person is addicted to drugs, alcohol or other psychotropic substances.
  • If the person has previously used a vehicle to commit an offense.
  • If the person's previous records show that he may be a danger to the public due to his reckless driving.

• Section 20: This section lists the situations under which a driving license can be revoked. The following instances can lead to the person's driving license being disqualified:

  • If he doesn't stop when ordered by a police officer.
  • If he refuses to provide the information requested by a policeman.
  • If he fails to report an accident occurred due to the influence of alcohol or drugs to the insurer.
  • If he is driving an unregistered vehicle.
  • If he is racing and driving dangerously.
  • If he refuses to assist the victim of an accident caused by his car.
  • If he is convicted for an offense in which his vehicle was used for committing a crime or any other offense under the Motor Vehicle Act.

• Section 21: This section states that the authorities can suspend someone's driving license if the person has been convicted for rash driving in the past and repeats this offense. The suspension can be for 6 months or till the case is presented before the court.

• Section 22: This section states that a person's driving license can be canceled in case he is convicted for driving dangerously or in an inebriated condition multiple times.

• Section 39: This section establishes that it is compulsory to prominently display the registration information of a vehicle while driving it - failing this, the owner can face prosecution whether or not he was present in the situation.

• Section 49: This section says that an individual has to change his address on the Registration Certificate of the vehicle within 30 days of changing his residence or relocating.

• Section 50: This section says that if the ownership of a vehicle is transferred, the concerned authority should be notified within 14 days in case the transfer happens within the same state and 45 days for an outstation transfer.

• Section 51: This section declares that a vehicle that is held under a hire purchase or a lease or a hypothecation agreement needs the written permission of the person to whom it is hypothecated before the transfer of ownership.

• Section 52: This section mentions that an owner is not allowed to modify the vehicle to such an extent that its description no longer matches the ones mentioned in the Registration Certificate. Approval must be sought from the Regional Transport Officer for the same.

• Section 53: This section mandates that the RTO has the right to revoke the registration certificate of any vehicle that is being used without the proper permit or is unfit to ply on roads.

• Section 93: According to this section, only licensed individuals are allowed to sell and canvass tickets for passenger vehicles.

• Section 115: According to this section, certain vehicles can be barred from operating due to public interest without notification, if the barring period is less than a month.

• Section 119: This section mandates that all vehicles must be driven as per the traffic signs and boards displayed. All drivers must abide by the rules directed by a traffic police officer who is regulating traffic.

• Section 121: This section mentions that drivers taking a left or right turn should either switch on the indicator lights or signal his intention to do so. He can be prosecuted if otherwise.

• Section 122: This section declares that if a vehicle left at a public space obstructs movement or poses a danger, it can be towed away since it is an offense.

• Section 123: This section specifies that traveling on the footboard of a vehicle or on the bonnet of a vehicle is prohibited by law. The driver can refuse to drive the vehicle in such an instance.

• Section 127: This section describes the conditions under which a vehicle may be towed. The charge of towing and additional penalties if any have to be borne by the owner. The circumstances are:

  • A vehicle left unattended in any public place for more than 10 hours.
  • A vehicle left unattended in a no-parking zone.
  • A vehicle parked unattended that is creating a traffic hazard.

• Section 128: This section states that carrying more than one pillion rider on a bike or a scooter is an offense.

• Section 129: This section orders that it is compulsory to wear a helmet while riding a two-wheeler.

• Section 130: This section asserts that all drivers are obliged to show their registration certificate, driver’s license, permits or any other relevant document if demanded by any Officer of the Motor Vehicles department.

• Section 133: This section pronounces that the owner of a vehicle who is involved in an accident is bound to furnish all information demanded by the police.

• Section 136: This section mentions that all vehicles involved in road accidents are to be inspected by the authorized employees of the Motor Vehicle department.

• Section 140: This section declares that in cases a victim of a motor accident has suffered permanent disability or death, the vehicle’s owner has to compensate with the applicable fine. The owner and the insurance company are both liable under this section.

• Section 146: This section says that all vehicles that run on roads are required to have a valid insurance certificate.

• Section 158: This section mentions that vehicle drivers must produce the insurance certificate, registration certificate, and driver’s license whenever requested by a police officer.

• Section 160: This section states that, in case of an accident, the driver, the injured person and the owner of the damaged property can obtain information pertaining to the vehicle involved in the accident from the police officer at the police station investigating the accident in order to make a compensation claim.

• Section 161: This section lists the amount of compensation for different scenarios that the driver of a vehicle which has caused an accident should pay to the victims of the accident.

• Section 180: This section declares that if the owner of a vehicle is found to have allowed any individual without a valid license to drive his vehicle, he/she can be imprisoned up to 3 months or fined heavily.

• Section 181: This section declares that a person driving a vehicle without a valid license can be imprisoned for three months or fined heavily or both.

• Section 182: This section declares that if a person who has been disqualified from driving is caught while driving without a valid license or is applying for a new license by withholding crucial information about the disqualification, he/she can be imprisoned for three months or fined heavily or both.

• Section 183: This section lists the fines related to speeding.

  • Breaking the speed limit - Rs. 400 for the first offense; Rs. 500 for subsequent instances.
  • Owners compelling drivers to break the speed limit - Rs. 300 for the first offense; Rs. 500 for subsequent offenses.

• Section 184: This section mentions that motorists who drive recklessly or over-speed, endangering the public can be imprisoned for 6 months or fined or both. Repeat offenders can be imprisoned for 2 years and fined as well.

• Section 185: This section mentions that the penalty for drunken driving can be a fine of up to Rs. 3,000 or imprisonment for 2 years or both.

• Section 186: This section declares that mentally or physically unfit individuals are not allowed to drive any motor vehicle. If they do, they'll be charged with a heavy penalty.

• Section 187: This section lists the various penalties that drivers have to pay if they fail to report an accident caused by their vehicle.

• Section 188: This section mentions that those who encourage the offenses as per sections 184, 185 and 186 are also liable to be charged and punished for the concerned crime.

• Section 189: This section states that individuals involved in a race or a trial of speed without consent from the government may be punished by imprisonment or fine or both.

• Section 190: This section says that individuals who violate road safety laws have to pay the concerned penalty.

• Section 192: This section states that those who use an unregistered vehicle are liable to be fined Rs. 2,000 to Rs. 5,000 for the first offense and Rs. 5,000 to Rs. 10,000 for subsequent offenses. This fine, however, is not applicable during emergencies such as delivering aid or for transporting sick or injured persons.

• Section 194: This section states that individuals driving a vehicle exceeding the permitted weight limit could be fined Rs. 2,000 plus the charges for off-loading the excess weight.

• Section 197: This section mentions that individuals driving or moving a vehicle without its owner’s consent can be fined or imprisoned or both.

• Section 201: According to this section, individuals who leave an inoperative vehicle in a public area in a way that it obstructs traffic and causes inconvenience to the public can be fined Rs.50 per hour.

• Section 202: This section carries a list of the different offenses for which a police officer without a uniform can arrest a driver, without a warrant. This law is applicable for people driving under the influence of alcohol, driving dangerously, taking a vehicle without sanction, etc. An individual who has committed any of these offenses but is refusing to provide his personal details can also be arrested under this section of the Act.

• Section 203: This section declares that if the police suspect a driver of driving in an inebriated condition, the driver is bound to breathe into the breath-analyzer. Refusing to do so can lead to an arrest without a warrant.

• Section 206: This section is regarding fraudulent documentation. A police officer or a State government official has the right to arrest an individual without a warrant if he/she is suspected of carrying fraudulent driving license, permit, insurance, registration certificate or any other relevant documents. Furthermore, the concerned officer can seize the individual’s license by issuing an acknowledgment slip.

• Section 207: This section mentions that individuals suspected of misusing a vehicle or using it to violate any of the provisions mentioned above can be arrested by a police officer or a state government official. The concerned vehicle can be seized and taken into custody.