By K. Manoggnya Reddy
Published on : September 4, 2021 at 21:17 IST
Section 19 of the Motor Vehicle Act empowers a licensing authority to revoke or suspend a driving license. The Act also enhances the penalty for various violations. It also makes it difficult for suspended driving license holders to get their license back. The Act aims to deter drivers from violating traffic rules. It provides for harsher penalties for various offences such as driving under the influence of alcohol and overloading, minor driving, driving without license, etc.
When can your driver’s license be suspended?
Under the Amendments done in the 2016 Act, If a person is even caught Speeding they are bound to lose their license. A minimum fine of Rs 1,000 can also be imposed along with the suspension of the license. The fine can vary depending on the speed at which the vehicle is traveling and the road’s conditional speed limit.
Drunk driving has always been considered as one of the major offenses. In addition to this, the Amendments of the 2016 Act also imposes a fine of up to Rs 10,000 on those caught driving while intoxicated. If an individual has been convicted of an offense, their license can be permanently revoked on repeat of the offense.
Racing on public roads, even if it’s only a first offense, a driver can lose his or her license. Road racing is considered dangerous driving under the law. The driver will face a warning or even face a license suspension on first offence based on the gravity of the committed offence.
Under the new law, Triple riding has been included as an offence that could attract a fine of up to 2,000 and/or suspension of your license for three months.
The 2016 law addresses the offence of Riding without Helmet with punishing the riders who do not wear helmets with a fine of Rs.1,000 and the license suspension after three such offences.
Not giving way to Emergency vehicles will also result in a Challan of up to Rs 10,000 and license suspension for repeat offenders.
If a car is Heavily Modified that could mean that if you see a car with a modified bumper, lights, or body, basically if a car is excessively modified, the registration and license of the vehicle will be revoked.
Jumping Signals is an offence that carries a maximum penalty of 30 days in prison and a lifetime ban. It can also be cancelled after three consecutive violations.
Not wearing a Seat belt can cause injuries in an accident. In addition, not wearing a seat belt can also lead to a fine of Rs. 1000 and a suspension of license for 6 months.
Procedure of suspending a Driver’s Licence :
The High Court of Delhi in the case of Ashish Gosain case has given its approval to implement the procedure for suspension of a license Government of Delhi in case of any violation of the Committee of the Apex Court:
- In cases of violations, where the police officer or enforcement officer is not able to provide a proper reason for the suspension of the driving license, the concerned driver shall seize the license and initiate proceedings for the suspension of the license under Section 19 of the Motor Vehicles Act.
- The acknowledgement of the seizure shall also inform the driving license holder that their license will be suspended for a period not less than three months.
- The seized license shall be forwarded to the appropriate department for its suspension. The vehicle’s owner shall then be given a show cause notice to explain why his license should not be suspended.
Can Suspension take place even after paying Challan :
In the case of Ashish Gosain, the Petitioner argued that the suspension of a license after the conviction would amount to double jeopardy. The Delhi High Court on Monday held that Section 19 of the Act can be invoked where the licensing authority is satisfied that the conditions under which it is imposed are satisfied. The provisions of Section 200 of the Motor Vehicle Act apply to the compounding of an offence under this Act. The suspension of a license under Section 19 does not depend on the seriousness of the offence and the compounding of the offence.
Opportunity of Being Heard Prior to Suspension of :
Section 19 of the Motor Vehicle Act states that the licensing authority shall suspend the license of a person if the holder cannot afford to be heard. The requirement of giving the holder of a patent an opportunity to be heard was the subject of a case Ashish Gosain v. Department of Transport decided by the High Court of Delhi. The case pertains to the suspension order issued by the Road Transport Authority against a person for not appearing before the Authority for a hearing. The authority was not able to provide the necessary opportunity for the hearing.
The court noted that the motor licensing officer shall have the opportunity to hear the arguments of the driving license holder before making a final decision. The order will be passed after considering the submissions made by the parties involved in the hearing. The order to suspend the driving license shall be sent to the address mentioned above. The driving license holder is also entitled to appeal within a period of one month.
Can a suspended license be reinstated?
The Act states that the driving license of a violator shall be returned to the holder at the end of his or her disqualification period if only he or she successfully completes a driver refresher training course. Currently, there is no such requirement for people who have been banned from driving. They can get their license back after appearing before the concerned authority for a hearing.
The Act also gives the licensing authority the power to disqualify a person from holding or obtaining any license to drive a vehicle specified in the license. The Act also provides for a national register for the issuing of driving licenses. All driving licenses issued under the Act must have a unique driving license number that is included in the national register.
Driving refresher training course:
Under the new law, it is now mandatory for all drivers who have suspended their licenses to take a driving refresher course.
Some amendments are already being made to the Motor Vehicle Act in the final phase, and they will not be relaxing.
These new laws will affect the way that people get their licenses. Making sure that you follow the rules when driving.
- Details on Legal Provisions Regarding Driving Licences
- Stopped by the Traffic Police? Here’s What You Need to Keep in Mind
 Ashish Gosain v. Department of Transport, W.P.(C) 2076/2016 and CM No.8918/2016.
 Ashish Gosain v. Department of Transport,W.P.(C) 2076/2016 and CM No.8918/2016