Page 23 - The Motor Vehicles Act, 1988

SECTION 8 THE MOTOR VEHICLES ACT, 1988 9

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[PROVIDED that nothing contained in this sub-section shall apply to an e-cart or
e-rickshaw.]
(2) No person under the age of eighteen years shall be granted a learner’s licence
to drive a motor cycle without gear except with the consent in writing of the person
having the care of the person desiring the learner’s licence.
8. Grant of learner’s licence
(1) Any person who is not disqualified under section 4 for driving a motor vehicle
and who is not for the time being disqualified for holding or obtaining a driving licence
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may, subject to the provisions of section 7, apply to [any of the licensing authority in
the State]—
(i) in which he ordinarily resides or carries on business; or
(ii) in which the school or establishment referred to in section 12 from where
he intends to receive instruction in driving a motor vehicle is situate,
for the issue to him of a learner’s licence.
(2) Every application under sub-section (1) shall be in such form and shall be
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accompanied by such documents [with such fee and submit in such manner, including
by electronic means] as may be prescribed by the Central Government.
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(3) Every application [to drive a transport vehicle made] under sub-section (1)
shall be accompanied by a medical certificate in such form as may be prescribed by the
Central Government and signed by such registered medical practitioner, as the State
Government or any person authorised in this behalf by the State Government may, by
notification in the Official Gazette, appoint for this purpose:
5 [PROVIDED that no such medical certificate is required for licence to drive a vehicle
other than a transport vehicle.]
(4) If, from the application or from the medical certificate referred to in sub-section
(3), it appears that the applicant is suffering from any disease or disability which is
likely to cause the driving by him of a motor vehicle of the class which he would be
authorised by the learner’s licence applied for to drive to be source of danger to the
public or to the passengers, the licensing authority shall refuse to issue the learner’s
licence:
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PROVIDED that a learner’s licence limited to driving an [adapted vehicle] may
be issued to the applicant, if the licensing authority is satisfied that he is fit to drive
such a carriage.
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(5) No learner’s licence shall be issued to any applicant unless he [satisfies such
conditions] as may be prescribed by the Central Government.

1. Inserted by Motor Vehicles (Amdt.) Act, 2015 (3 of 2015), dt. 19-3-2015, w.e.f. 7-1-2015.
2. Substituted for “the licensing authority having jurisdiction in the area” by the Motor Vehicles
(Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-9-2019 vide SO 3110(E), dt. 28-8-2019.
3. Substituted for “and with such fee”, ibid.
4. Inserted, ibid.
5. Omitted, ibid.
6. Substituted for “invalid carriage”, ibid.
7. Substituted for “passes to the satisfaction of the licensing authority such test” by the Motor Vehicles
(Amdt.) Act, 2019 (32 of 2019), dt. 9-8-2019, w.e.f. 1-4-2021 vide SO 1433(E), dt. 31-3-2021.