Validity of driving licence issued and endorsed by licensing authority
s k singh
(Querist) 01 January 2013
This query is : Resolved
Dear sir,
DTO,Patna issued my driving licence on 28.05.2003 to drive motorcycle and light motor vehicle.
Again,after paying requiste fee and taste ,I applied for endorsement of Heavy goods vehicle and heavy passenger vehicle to DTO,lOHARDAGA.my licence got endorsed to drive heavy goods and paseenger vehicle on 02.06.2004,exactly after one year five days from date of issue of my light motor vehicle licence.mY licence renewed twice by DTO,lOHARDAGA AND VALID UP TO 23-07-2013.
On confirmation both Dto,Patna and Dto Lohardaga confirm it as valid driving licence issued under act and rules.
Now,I am reccomended to be appointed as Motor Vehicle Inspector in Bihar.The Department of transport of Bihar were claiming my licence as unvalid licence under following Motor Vechile act,1988 and rule 1989
Section 7(1)-"Restriction on granting of learners licence for certain vehicle.(1)No persons shall be granted a learners licence to drive a transport vehicle unless he has held a driving licence to drive a light motor vehicle for atleast one year"
Rule 15(1)"No person shall appear for the test of competece to drive unless he has held a learners licence for a period of atleast thirty days."
In year 1992,in light of power confirmed to state in central motor vehicle act,1988 bihar government formulated Bihar motor vehicle rule,1992
Rule 18 under said rule speaks as below:
"Grant of authorisation to drive transport vehicle:
(1)No person shall drive a transport vehicle unless an authorisation in driving licence shall have been granted by the licensing authority.
(2)No person shall hold more than one authorisationto drive a similar kind of public service vehicle.
(3)No authorisation to drive a transport vehicle shall be granted unless the applicants satisfy the licencesing authority:-
(a)He has adequete knowledge of the provisions of the act and the rules made thereunder relating to duties,fungtions and conduct of drivers of transport vehicle to which application refers.
(b)He posses a good moral character.
(c)He posseses the minimum educational qualification prescribed by the central govt in this behalf.
(4)The holder of a driving licence may at any time apply to the licensing authority in form T.V.A for grant of authorisation to drive a transport vehicle such application shall be accompanied by;
(a)a report of moral character obtained from the police stationto the area in which applicants resides.
(b) a proof of educational qualification as may have been prescribed by the central government under sub-section (4) of section 9,and
(5)If the licensing authority is satisfied that the applicants is in all respect fit to be granted an authorisation to drive a transport vehicle,the driving licence shall be endorsed accodingly."
Keeping view of above act and rules ,kindly suggest wheather above mentioned driving licence endorsement and its renewal is valid or un valid under eye of law.
Kiran Kumar
(Expert) 05 January 2013
in view of amended rules, your license seems to be valid.
better ask precise information in this regard from the DTO office itself, may be through RTI Act.
or may approach HC by way of Writ Petition to get the action of the authorities illegal.
