- 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 license may, subject to the provisions of section 7, apply to the licensing authority having jurisdiction in the area—
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 license. - Every application under sub-section (1) shall be in such form and shall be accompanied by such documents and with such fee as may be prescribed by the Central Government.
- Every application 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:
Provided that no such medical certificate is required for license to drive a vehicle other than a transport vehicle. - 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 license applied for to drive to be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the learner’s license:
Provided that a learner’s license limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage. - No learner’s license shall be issued to any applicant unless he passes to the satisfaction of the licensing authority such test as may be prescribed by the Central Government.
- When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the provisions of section 7, issue the applicant a learner’s license unless the applicant is disqualified under section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a license to drive a motor vehicle:
Provided that a licensing authority may issue a learner’s license to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is satisfied that there is good reason for the applicant’s inability to apply to the appropriate licensing authority. - Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or both.
- Any learner’s license for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.
Simplified Explanation
Section 8 of the Motor Vehicles Act outlines the process and conditions for the grant of a learner’s licence in India. This section details how individuals can apply for a learner’s licence and the requirements that must be met before they are granted one. Here’s a detailed explanation:
Key Points of Section 8:
- Application for Learner’s Licence:
- To apply for a learner’s licence, an individual must submit an application to the licensing authority in the prescribed form. The application form includes personal details and information on the category of vehicle the applicant wishes to learn to drive.
- The application must be accompanied by relevant documents such as proof of age, address, and any other required details like medical fitness (depending on the vehicle type).
- Requirements for Granting a Learner’s Licence:
- Age: The applicant must meet the age requirements as specified in Section 4 (e.g., 18 years for motor vehicles, 16 years for gearless two-wheelers with parental consent, and 20 years for transport vehicles).
- Medical Fitness: For certain types of vehicles, especially transport vehicles, applicants must provide a medical certificate indicating that they are physically fit to drive. This ensures that the applicant does not have any conditions that could impair their ability to drive safely.
- Test of Knowledge: Applicants must pass a written test or oral test that assesses their knowledge of road signs, traffic rules, regulations, and the duties of a driver. This test ensures that the applicant has a basic understanding of how to drive safely on public roads.
- The test typically covers topics like traffic signals, road safety practices, and the functioning of various vehicle components.
- Parental Consent: If the applicant is under 18 years of age (such as for gearless two-wheelers under 50cc), they need written consent from a parent or guardian to apply for the learner’s licence.
- Validity of Learner’s Licence:
- Once issued, a learner’s licence is valid for a period of six months from the date of issue. During this time, the learner can practice driving the type of vehicle mentioned on the licence under certain conditions.
- The learner must comply with specific rules, such as being supervised by a person holding a valid driving licence for the same vehicle type and displaying the ‘L’ (Learner) sign on the vehicle.
- Conditions of Use:
- The learner must practice driving in a manner that is safe and legal. For example, they must always have an experienced driver with them while driving and follow the guidelines established by the licensing authority.
- The learner’s licence is not equivalent to a full driving licence and does not permit unsupervised driving.
- Categories of Vehicles:
- The learner’s licence specifies the category of vehicle for which it is granted, such as two-wheelers, light motor vehicles, or transport vehicles. The applicant must apply separately for each category if they wish to learn to drive multiple types of vehicles.
Purpose of Section 8:
- Safe Learning Environment: The purpose of this section is to ensure that individuals who are learning to drive have the necessary knowledge of traffic rules and physical fitness before they start practicing on public roads. This is critical for maintaining road safety.
- Regulated Process: The section establishes a regulated process for applying and qualifying for a learner’s licence, which helps reduce the risk of accidents caused by inexperienced or uninformed drivers.
- Basic Understanding of Road Rules: By requiring a knowledge test, the Act ensures that all learner drivers have a basic understanding of road signs, signals, and safety practices before they begin driving.
Conclusion:
Section 8 of the Motor Vehicles Act governs the granting of learner’s licences, laying out a structured process that includes submitting an application, passing a knowledge test, and meeting age and medical requirements. It aims to create a safe and responsible environment for individuals learning to drive.
