When can my Driver’s License be Suspended or Cancelled?

October 23, 2014

Suspension of driving License in certain cases

1)      Where, in relation to a person who had been previously convicted of an offence punishable under Section 184, a case is registered by a Police Officer on the allegation that such person has, by such dangerous driving as is referred to in the said Section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the Driving License held by such person shall in relation to such class or description of motor vehicle becomes suspended:

• For a period of six months from the date on which the case is registered, or

• If such person is discharged or acquitted before the expiry of the period a foresaid, until such discharge or acquitted, as the case may be.

2)      Where, by virtue of the provisions of the Sub-section (1), the Driving License held by a person becomes suspended, the Police Officer, by whom the case referred to a sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and the notice of the Court shall take possession of the Driving License , endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the License was granted or last renewed.

3)      Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving licence with regard to the suspension thereof.

4)      If a Driving License in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such License shall be debarred from holding or obtaining any License to drive such particular class or description of motor vehicles so long as the suspension of the Driving License remains in force.

Suspension or cancellation of driving License on conviction

1)      Without prejudice to the provisions of the Sub-section (3) of Section 20, where a person, referred to in Sub-section (1)  Section 21 is convicted of an offence of causing, by such dangerous driving as is referred to in Section 184 of any class or description of motor vehicle the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspended for such period as it may think fit, the Driving License held by such person insofar as it relates to that class or description of motor vehicle.

2)      Without prejudice to the provisions of Sub-section (2) of Section 20, if a person, having been previously convicted of an offence punishable under Section 185 is again convicted of an offence punishable under that section, the court, making such subsequent conviction, shall, by order, cancel the driving License held by such person.

3)      If a Driving License is cancelled or suspended under this section, the Court shall take the Driving License in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the Driving License so endorsed to the Authority by which the License was issued or last renewed and such Authority shall, on receipt of the License , keep the License in its safe custody, and in the case of suspended License , return the License to the holder thereof after the expiry of the period of suspension on an application made by him for such return: Provided that no such Licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the Licensing Authority by which the License was issued or last renewed, a fresh test of competence to drive referred to in Sub-section (3) of Section 9 and produced a Medical Certificate in the same form and produced a Medical Certificate in the same form and in the same manner as is referred to in Sub-section (3) of Section 8.

4)      If a Licence to drive a particular class or description of motor vehicle cancelled or suspended under this Section, the person holding such a License shall be debarred from holding, or obtaining, any Licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the Driving License remains in force.

Power of Court to disqualify

1)      Where a person is convicted of an offence under this Act or of an offence in the commission of which a motor vehicle was used, the Court by which such person is convicted may, subject to the provisions of this Act, in addition to imposing any other punishment authorized by Licensing Authority, declare the persons so convicted to be disqualified, for such period as the court may specify, from holding any Driving License to drive all classes or description of vehicles, or any particulars class or description of such vehicles, as are specified in such License. Provided that in respect of an offence punishable under Section 183 no such order shall be made for the first or second offence.

2)      Where a person is convicted of an offence under clause (c) of Sub-section (1) of Section 132, Section 134 or Section 185, the Court convicting any person of any such offence shall order the disqualification under the Sub-section 132 or Section 134, such disqualification shall be for a period of not less than one month, and if the offence is related to Section 185, such disqualification shall be for a period of not less than six months.

3)      A Court shall, unless for special reasons to be recorded in writing it thinks to order otherwise, order the disqualification of a person –

• Who having been convicted of an offence punishable under Section 184 is again convicted of an offence punishable under that section,
• Who is convicted of an offence punishable under Section 189, or
• Who is convicted of an offence punishable under Section 192:

Provided that the period of disqualification shall not exceed, in the case referred to in clause (a), five years, or, in the case referred to in clause (b), two years or, in the case referred to in clause (c), one year.

4)      A Court ordering the disqualification of a person convicted of an offence punishable under Section 184 may direct that such person shall, whether he has previously passed the test of competence to drive as referred to in Sub-section (3) of Section 9 or not, remain disqualified until he has subsequent to the making of the order of disqualification passed that test to the satisfaction of the Licensing Authority.

5)      The Court ordering to which an appeal would ordinarily le from any conviction of an offence of the nature specified in Sub-section (1) may set aside or vary any order of disqualification made under that Sub-section not withstanding that no appeal would lie against the conviction as a result of which such order of disqualification was made.

Source: This information was obtained from http://mahatranscom.in/

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