Driving in india with valid canadian driving license
Vishwanath
(Querist) 22 April 2013
This query is : Resolved
Dear All,
I have a valid Canadian driving License. I also have an Indian learner's License. My car hit the road divider and suffered Own damages in Bangalore. There are no Third party injuries. should the Insurance Company allow Own Damage claims as per article 41.2 of Chapter IV of The Vienna Convention on Road Traffic,1968. Kindly advise,
Regards,
Vishwanath
Sudhir Kumar, Advocate
(Expert) 22 April 2013
text of said article 41.2 of Chapter IV of Vienna Convention on Road Traffic,1968. is reproduced for benefit of other experts
Chapter IV
DRIVERS OF MOTOR VEHICLES
ARTICLE 41
Driving permits
1.
(a)
Every driver of a motor vehicle must hold a driving permit;
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35
-
(b)
Contracting Pa
rties undertake to ensure that driving permits are
issued only after verification by the competent authorities that the driver
possesses the required knowledge and skill;
(c)
Domestic legislation must lay down requirements for obtaining a
driving permit;
(d)
Nothing in this Convention shall be construed as preventing
Contracting Parties or subdivisions thereof from requiring driving permits for
other power
-
driven vehicles and mopeds.
2.
Contracting Parties shall recognize:
(a)
Any domestic permit drawn
up in their national language or in one of
their national languages, or, if not drawn up in such a language, accompanied by a
certified translation;
(b)
Any domestic permit conforming to the provisions of Annex 6 to this
Convention; and
(c)
Any internati
onal permit conforming to the provisions of Annex 7 to
this Convention;
as valid for driving in their territories a vehicle coming within the categories
covered by the permit, provided that the permit is still valid and that it was
issued by another Contr
acting Party or subdivision thereof or by an association
duly empowered thereto by such other Contracting Party. The provisions of this
paragraph shall not apply to learner
-
driver permits.
3.
Notwithstanding the provisions of the preceding paragraph:
(a
)
Where the validity of the driving permit is made subject by special
endorsement to the condition that the holder shall wear certain devices or that
the vehicle shall be equipped in a certain way to take account of the driver's
disability, the permit shal
l not be recognized as valid unless those conditions
are observed;
(b)
Contracting Parties may refuse to recognize the validity in their
territories of driving permits held by persons under eighteen years of age;
(c)
Contracting Parties may refuse to rec
ognize the validity in their
territories, for the driving of motor vehicles or combinations of vehicles in
categories C, D and E referred to in Annexes 6 and 7 to this Convention, of
driving permits held by persons under twenty
-
one years of age.
4.
Contra
cting Parties may introduce in their domestic legislation a
subdivision of the categories of vehicles referred to in Annexes 6 and 7 of this
Convention. If the driving permit is restricted to certain vehicles within a
category, a numeral shall be added to
the letter of the category and the nature of
the restriction shall be indicated in the driving permit.
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36
-
5.
For the purpose of the application of paragraph 2 and subparagraph 3 (c) of
this Article:
(a)
A motor vehicle of the category B referred to in Ann
exes 6 and 7 to
this Convention may be coupled to a light trailer; it may also be coupled to a
trailer whose permissible maximum mass exceeds 750 kg but does not exceed the
unladen mass of the motor vehicle if the combined permissible maximum mass of the
v
ehicles so coupled does not exceed 3,500 kg;
(b)
A motor vehicle of the category C, or of the category D referred to in
Annexes 6 and 7 to this Convention may be coupled to a light trailer without the
resultant combination ceasing to belong to category C
or category D.
6.
An international permit shall be issued only to the holder of a domestic
permit for the issue of which the minimum conditions laid down in this Convention
have been fulfilled. It shall not be valid after the expiry of the corresponding
domestic permit, the number of which shall be entered in the international permit.
7.
The provisions of this Article shall not require Contracting Parties:
(a)
To recognize the validity of domestic or international permits issued
in the territory of anot
her Contracting Party to persons who had their normal
residence in their territories at the time of such issue or whose normal residence
has been transferred to their territories since such issue; or
(b)
To recognize the validity of permits as aforesaid i
ssued to drivers
whose normal residence at the time of such issue was not in the territory in which
the permit was issued or who since such issue have transferred their residence to
another territory.
Guest
(Expert) 23 April 2013
Except the international driving license, no license issued by any other country for driving within that country can be valid in India. So, license valid in Canada cannot be valid in India.
Dr J C Vashista
(Expert) 24 April 2013
I humbly disagree with Dhingrji since India is one of the signitaries country to the Candian lincensing authorities i.e., Canadian Automobile Association granting internation driving licences.
Sudhir Kumar, Advocate
(Expert) 24 April 2013
repeated
http://www.lawyersclubindia.com/experts/Driving-in-India-with-valid-Canadian-Driving-License-387636.asp#.UXd7l7Xikb0
Sudhir Kumar, Advocate
(Expert) 24 April 2013
With reference to advise of Dr Vashista and Mr Dhingra,I will submit that signatory countries have obligation to honour international license issued by either country.
there has to be some difference in validity of domestic and international license.
international obligation is not likely tobe undrstood by a head constable of either country
Vishwanath
(Querist) 28 May 2013
Dear All,
I express my gratitude to each and every member for having shared their piece of knowledge. But, my query still remains, if the Insurance Company should allow the Own Damage claim with only a valid Canadian driving License and not an International driving Permit. Kindly help.
Regards,
Vishwanath
Guest
(Expert) 28 May 2013
You could well have taken inference from out of the replies of experts. However, to be more clear, no insurance company would accept the damage claim if made on the basis of Canadian driving license, as laws of Canada cannot be enforced in India.
Dr J C Vashista
(Expert) 29 May 2013
I agree with Mr. Sudhir Kumar and Dhingra ji.
Vishwanath
(Querist) 29 May 2013
Dear All,
"If a driving licence issued by another Govt is with you, it is reckoned that you know driving and therefore, if the Canadian Licence is valid & effective to operate the kind of vehicle you were driving the claim is payable provided that you are not in India for not more than 12 months.Driving skill anywhere in the world is the same only the Motor Vehicle rules differ". Kindly share your opinion on this.
Regards,
Viushwanath
Guest
(Expert) 29 May 2013
Any assumption or perception by anyone cannot get accepted by the court unless that perception is duly corroborated by the relevant law of a particular country.
Vishwanath
(Querist) 07 May 2014
The procedure should have been surrender the Canadian License and obtain an Indian Permanent License(Not a Learner's license), It's only the procedural lapse. And many courts have held that Learner's license also is a valid license and moreover coupled with a canadian license.
Vishwanath
(Querist) 07 May 2014
And as observed by all of us in most of the cases, courts do consider what is reasonably acceptable. As has been stated by the Hon'ble Supreme Court in one of the Claim issues that'Necessity knows no law'
