| Licence cancellation process |
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Powers of the Court |
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Suspension Laws |
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Sec. 19, MVA, 1988
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Sec. 28, MVA, 1988
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Sec. 182, MVA, 1988
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CMVR, 1990
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Rule 21, CMVR, 1989
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Rule 14, CMVR, 1990
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How the System Works |
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Future Trends |
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Know your driving history record |
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| SECTION 19 MOTOR VEHICLE ACT’88 |
| POWER OF LICENSING AUTHORITY TO DISQUALIFY FROM
HOLDING A DRIVING LICENCE OR REVOKE SUCH LICENCE:
- If a licensing authority is satisfied, after giving the holder
of a driving license an opportunity of being heard, that he –
- Is a habitual criminal or habitual drunkard; or
- Is a habitual addict to any narcotic drug or psychotropic substance
within the meaning of the Narcotic Drugs and Psychotropic
Substances Act, 1985; or
- Is using or has used a motor vehicle in the commission of a
cognizable offence; or
- Has by his previous conduct as driver of a motor vehicle
shown that his driving is likely to be attended with danger
to the public; or
- Has obtained any driving licence or a licence to drive a
particular class or description of motor vehicle by fraud
or misrepresentation; or
- Has committed any such act which is likely to cause
nuisance or danger to the public, as may be prescribed by
the Central Government, having regard to the objects of this
Act; or
- Has failed to submit to, or has not passed, the tests referred
to in the proviso to sub-section(3) of section 22; or
- Being a person under the age of eighteen years who has been
granted a learner’s licence or a driving licence with
the consent in writing of the person having the care of the
holder of the licence and has ceased to be in such care,
it may, for reasons to be recorded in writing, make an order-
- Disqualifying that person for a specified period for holding
or obtaining any driving licence to drive all or any classes
or descriptions of vehicles specified in the licence;
or
- Revoke any such licence.
- Where an order under sub-section (1) is made, the holder of
a driving licence shall forthwith surrender his driving licence
to the licensing authority making the order, if the driving licence
has not already been surrendered, and the licensing authority shall,-
- If the driving licence is a driving licence issued under this
Act, keep it until the disqualification has expired or has
been removed; or
- If it is not a driving licence issued under this Act, endorse
the disqualification upon it and send it to the licensing
authority by which it was issued; or
- In the case of revocation of any licence, endorse the revocation
upon it any if it is not the authority which issued the same,
intimate the fact of the revocation to the authority which
issued that licence:
Provided that where the driving licence of a person authorizes him
to drive more than one class or description of motor vehicles and
the order, made under sub-section(1), disqualifies him from driving
any specified class or description of motor vehicles, the licensing
authority shall endorse the disqualification upon the driving licence
and return the same to the holder.
- Any person aggrieved by an order made by a licensing authority
under sub-section (1) may, within thirty days of the receipt of
the order, appeal to the prescribed authority, and such appellate
authority shall give notice to the licensing authority and hear
either party if so required by that party and may pass such order
as it thinks fit and an order passed by any such appellate authority
shall be final.
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