Motor Vehicles Act: Section 12 – Licensing and regulation of schools or establishments for imparting instruction in driving of motor vehicles.

The Central Government may make rules for the purpose of licensing and regulating, by the State Governments, schools or establishments (by whatever name called) for imparting instruction in driving of motor vehicles and matters connected therewith.

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely—

1. licensing of such schools or establishments including grant, renewal and revocation of such licenses;
2. supervision of such schools or establishments;
3. the form of application and the form of license and the particulars to be contained therein;
4. fee to be paid with the application for such licenses;
5. conditions subject to which such licenses may be granted;
6. appeals against the orders of refusal to grant or renew such licenses and appeals against the orders revoking such licenses;
7. conditions subject to which a person may establish and maintain any such school or establishment for imparting instruction in driving of motor vehicles;
8. nature, syllabus and duration of course or courses for efficient instruction in driving any motor vehicle;
9. apparatus and equipments (including motor vehicles fitted with dual control) required for the purpose of imparting such instruction;
10. suitability of the premises at which such schools or establishments may be established or maintained and facilities to be provided therein;
11. qualifications, both educational and professional (including experience), which a person imparting instruction in driving a motor vehicle shall possess;
12. inspection of such schools and establishments (including the services rendered by them and the apparatus, equipments and motor vehicles maintained by them for imparting such instruction);
13. maintenance of records by such schools or establishments;
14. financial stability of such schools or establishments;
15. the driving certificates, if any, to be issued by such schools or establishments and the form in which such driving certificates shall be issued and the requirements to be complied with for the purposes of issuing such certificates;
16. such other matters as may be necessary to carry out the purposes of this section.

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 schools or establishments imparting instruction in driving of motor vehicles or matters connected therewith from the provisions of this section.

A school or establishment imparting instruction in driving of motor vehicles or matters connected therewith immediately before the commencement of this Act, whether under a license or not, may continue to impart such instruction without a license issued under this Act for a period of one month from such commencement, and if it has made an application for such license under this Act within the said period of one month and such application is in the prescribed form, contains the prescribed particulars and is accompanied by the prescribed fee, till the disposal of such application by the licensing authority.

Simplified Explanation

Section 12 governs the licensing and regulation of driving schools or establishments that offer driving instruction. This section ensures that schools teaching driving meet certain standards, ensuring high-quality training for learner drivers.

Key Points of Section 12:

1. Licensing of Driving Schools:
   • Any school or establishment offering driving instruction must obtain a license from the licensing authority.
   • The licensing authority ensures that the school meets the required standards in terms of equipment, curriculum, and instructor qualifications before granting a license.
   • This ensures that only certified and competent institutions can provide driver training.
2. Conditions for Licensing:
   • To receive a license, the driving school or establishment must:
     • Have qualified instructors who are competent to impart driving education.
     • Possess adequate infrastructure and equipment, such as vehicles in good condition and proper training facilities.
     • Follow a prescribed curriculum that covers road rules, vehicle control, and safety measures.
   • The school must also provide training on traffic laws, safe driving practices, and defensive driving techniques.
3. Regulation and Inspection:
   • The licensing authority has the power to inspect and regulate driving schools. This helps maintain standards of instruction and ensures that schools are complying with all rules and regulations.
   • If a school fails to meet the prescribed standards or violates regulations, the authority can suspend or revoke the license.
4. Renewal of Licence:
   • The license issued to a driving school is generally valid for a specified period and must be renewed periodically. The renewal process involves re-evaluation to ensure that the school continues to meet all required standards.
5. Penalties for Non-compliance:
   • If a school operates without a valid license or is found violating the terms of the license, they can face legal penalties, including fines or closure of the establishment.

Purpose of Section 12:

• This section ensures that individuals learning to drive receive proper training from certified and competent institutions, reducing the chances of unqualified drivers on the road.
• By regulating driving schools, the Act aims to enhance the quality of driving instruction and improve road safety.
• It also provides a mechanism for ongoing regulation, ensuring that schools maintain high standards over time.

Conclusion:

Section 12 focuses on the licensing and regulation of driving schools, ensuring that these institutions meet the necessary standards for providing effective and safe driver training.