“RTOs cannot seize licences”

 Regional Transport Officers (RTO) cannot seize driving licences of persons involved in motor accidents without issuing show cause notices under Section 19(1) of the Motor Vehicles Act, 1988, the Madras High Court has said.

Allowing a writ petition filed in the Madurai Bench by a Tamil Nadu State Transport Corporation driver, Justice M. Sathyanarayanan directed the Tiruchi RTO to give back the petitioner’s driving licence within two weeks.

A. John Josesph said that he joined TNSTC as a permanent driver in 1993 and was know working in its Madurai Division.

A bus driven by him met with an accident in Tiruchi district on May 17 leading to the death of a pedestrian.

The Manapparai police had registered a case against the driver under Section 304A (causing death by negligence) of the Indian Penal Code.

He also produced the vehicle before the Motor Vehicles Inspector for inspection on May 19.

The Inspector obtained the petitioner’s driving licence and handed it over to the RTO who was the licensing authority.

The RTO refused to return the licence despite several oral as well as written requests and hence the writ petition.

Mr. Justice Sathyanarayanan said that a licensing authority was empowered to disqualify a person from holding a licence or revoke such licence if the holder was a habitual criminal, drunkard, or if he had involved in a cognisable offence and so on.

However, Section 19(1) of the MV Act states that the authority could direct a person to surrender the licence only after giving him an opportunity to defend himself. “In the case on hand, no such notice… has been served on the petitioner,” the Judge said.

He refused to accept the Government Advocate’s contention that the officials were contemplating to initiate the proceedings.

“It is not open to the authority to keep the licence in custody in the absence of any order passed under Section 19(1) of the Act,” he said.