Motor vehicle act
a k pandey
(Querist) 22 November 2013
This query is : Resolved
Is it necessary to produce original Driving License,Registration and insurance paper on spot or it can be produced later as per section 130 (3)&(4) of Motor Vehicle Act. Penalty/Fine is to be paid under what condition and as per which section of Motor Vehicle Act?
Anirudh
(Expert) 23 November 2013
As per Sec. 4 of the Act, no person shall drive a motor vehicle in any public place unless he holds an effective driving licence issued to him authorising him to drive the vehicle.
The provisions of Section 130 of the Motor Vehicle Act is quite clear that the driver of a motor vehicle in any public place shall, on demand by any police officer in uniform, produce his licence for examination.
It is not that the licence can be produced later on.
As per Section 181 Driving vehicles in contravention of section 3 or section 4 is punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Therefore it is enough if it is established that while driving, the driver was not holding the licence in his person/possession to attract the punishment. The question of producing the licence later on does not arise.
R.K Nanda
(Expert) 23 November 2013
academic query.
malipeddi jaggarao
(Expert) 23 November 2013
Though academic query, Mr.Anirudh has given proper reply.
ajay sethi
(Expert) 23 November 2013
academic query
Lawyer SALEEMA KABEER
(Expert) 21 May 2014
I don't want to ignore this query as academic one. In my view this query is answerable one since it is touching with a very common issue prevailing in India.Therefore, I am inclined to give my opinion.
However, with great respect, I slightly differ from the opinion of learned expert Mr. Anirudh.
No doubt, holding of driving licence under section 3 (I thing it was mistakenly stated as 4 in the said reply) of M.V.Act is obligatory for the driver and if he fails to produce the same on demand by a police officer in uniform on the spot, the same amounts to an offence under section 130 of Motor Vehicles Act.
However,it is not obligatory for such a driver of non-transport vehicle to carry the insurance and the registration certificate with him while he is driving a vehicle and therefore, his failure to produce such insurance and registration certificates on demand by a police officer or any other appropriate authority on the spot will not amount to an offence under the Act.
No doubt, only if there is any failure to produce insurance and registration certificate within the time prescribed under section 130(4) of the Motor Vehicles Act 1988 (15 days) before the appropriate authority or under section 158(3) of the said Act (within 7 days from demand) before the concerned police officer at the police station or officer-in-charge, the offence will be made out.
