Page 25 - The Motor Vehicles Act, 1988

SECTION 9 THE MOTOR VEHICLES ACT, 1988 11

(ii) the applicant holds or has previously held a driving licence to drive
such class of vehicle issued under section 18, or
(iii) the applicant holds a driving licence to drive such class of vehicle
issued by a competent authority of any country outside India,
subject to the condition that the applicant complies with the
provisions of sub-section (3) of section 8;
(b) the applicant is not suffering from any disability which is likely to cause
the driving by him to be a source of danger to the public; and the licensing
authority may, for that purpose, require the applicant to produce a medical
certificate in the same form and in the same manner as is referred to in
sub-section (3) of section 8:
1 [PROVIDED FURTHER that a driving licence for driving an adapted vehicle may
be issued to the applicant, if the licensing authority is satisfied that he is fit to drive
such motor vehicle.]
(4) Where the application is for a licence to drive a transport vehicle, no such
2
authorisation shall be granted to any applicant unless he possesses [xxx] a driving
certificate issued by a school or establishment referred to in section 12.
3
[(5) Where the applicant does not pass the test, he may be permitted to re-appear
for the test after a period of seven days:
PROVIDED that where the applicant does not pass the test even after three
appearances, he shall not be qualified to re-appear for such test before the expiry of a
4
period of sixty days from the date of last such test [and such applicant shall be required
to complete a remedial driver training course from any school or establishment under
section 12].]
(6) The test of competence to drive shall be carried out in a vehicle of the type to
which the application refers:
PROVIDED that a person who passed a test in driving a motor cycle with gear
shall be deemed also to have passed a test in driving a motor cycle without gear.
(7) When any application has been duly made to the appropriate licensing authority
and the applicant has satisfied such authority of his competence to drive, the licensing
authority shall issue the applicant a driving licence unless the applicant is for the time
being disqualified for holding or obtaining a driving licence:
PROVIDED that a licensing authority may issue a driving licence to drive a motor
cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing
authority, if the licensing authority is satisfied that there is good and sufficient reason
for the applicant’s inability to apply to the appropriate licensing authority:

1. Substituted for the existing proviso 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. Prior to substitution, it read as under:
“PROVIDED FURTHER that where the application is for a driving licence to drive a motor vehicle
(not being a transport vehicle), the licensing authority may exempt the applicant from the test of
competence to drive a vehicle prescribed under this sub-section, if the applicant possesses a driving
certificate issued by any institution recognised in this behalf by the State Government.”
2. The words “such minimum educational qualification as may be prescribed by the Central
Government and” omitted, ibid.
3 Substituted by Act 54 of 1994, w.e.f. 14-11-1994.
4. Inserted 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.