Page 22 - The Motor Vehicles Act, 1988

8 THE MOTOR VEHICLES ACT, 1988 SECTION 7

(2) The conditions subject to which sub-section (1) shall not apply to a person
receiving instruction in driving a motor vehicle shall be such as may be prescribed by
the Central Government.
COMMENTS
Section 3 deals with the necessity for driving license.—Janki Bai v. Uttam Singh Yadav
2011 (101) AIC 624 (Chhattisgarh H.C.)
State Govt. has the authority to prescribe conditions subject to which sub-section (1) would
not apply to a person receiving instructions in driving of a motor vehicle. It cannot be said that the
person having the authority of driving in a public place under a temporary permit for persons
intending to learn driving would not be a person duly licensed to drive in a public place.—National
Insurance Co. Ltd. v. A. Basu AIR 1990 Mad 305
4. Age limit in connection with driving of motor vehicles
(1) No person under the age of eighteen years shall drive a motor vehicle in any
public place:
1
PROVIDED that [a motor cycle with engine capacity not exceeding 50cc] may be
driven in a public place by a person after attaining the age of sixteen years.
(2) Subject to the provisions of section 18, no person under the age of twenty years
shall drive a transport vehicle in any public place.
(3) No learner’s licence or driving licence shall be issued to any person to drive a
vehicle of the class to which he has made an application unless he is eligible to drive
that class of vehicle under this section.
5. Responsibility of owners of motor vehicles for contravention of sections 3
and 4
No owner or person in-charge of a motor vehicle shall cause or permit any person
who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.
6. Restrictions on the holding of driving licences

(1) No person shall, while he holds any driving licence for the time being in force,
hold any other driving licence except a learner’s licence or a driving licence issued in
accordance with the provisions of section 18 or a document authorising, in accordance
with the rules made under section 139, the person specified therein to drive a motor
vehicle.
(2) No holder of a driving licence or a learner’s licence shall permit it to be used by
any other person.
(3) Nothing in this section shall prevent a licensing authority having the jurisdiction
referred to in sub-section (1) of section 9 from adding to the classes of vehicles which
the driving licence authorises the holder to drive.
7. Restrictions on the granting of learner’s licences for certain vehicles
2 [(1) No person shall be granted a learner’s licence to drive a transport vehicle
unless he has held a driving licence to drive a light motor vehicle for at least one year:

1 Substituted for “a motor cycle without gear” by Act 54 of 1994, w.e.f. 14-11-1994.
2 Substituted, ibid.