Notwithstanding anything contained in the foregoing sections, any licensing authority may at any time revoke a driving license or may require, as a condition of continuing to hold such driving license, the holder thereof 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, if the licensing authority has reasonable grounds to believe that the holder of the driving license is, by virtue of any disease or disability, unfit to drive a motor vehicle and where the authority revoking a driving license is not the authority which issued the same, it shall intimate the fact of revocation to the authority which issued that license.
Simplified Explanation
Section 16 of the Motor Vehicles Act deals with the revocation of a driving licence if the licence holder develops a disease or disability that makes them unfit to drive. This section is important to ensure that individuals who are not physically or mentally capable of driving safely do not pose a risk to themselves or others on the road.
Key Points of Section 16:
- Grounds for Revocation:
- A driving licence can be revoked if the licence holder suffers from a disease or disability that renders them unable to safely drive a motor vehicle.
- The disease or disability could be physical (such as loss of vision, impaired mobility, or paralysis) or mental (such as conditions affecting judgment, focus, or reaction times).
- Assessment by a Medical Practitioner:
- If a licensing authority believes that a driver has developed a condition that makes them unfit to drive, they can require the driver to undergo a medical examination.
- The medical examination must be conducted by a registered medical practitioner who will assess whether the disease or disability impairs the driver’s ability to safely operate a vehicle.
- Decision of the Licensing Authority:
- Based on the medical assessment, the licensing authority can take the following actions:
- Revoke the driving licence if the driver is found to be unfit to drive due to the disease or disability.
- Suspend the licence temporarily if the condition is expected to improve, allowing for a review after a period of time.
- Impose restrictions on the type of vehicle the person is allowed to drive (e.g., only allowing the person to drive certain categories of vehicles if the condition does not affect their ability to drive them safely).
- Based on the medical assessment, the licensing authority can take the following actions:
- Obligation to Report Disease or Disability:
- A person holding a driving licence who becomes aware that they suffer from a disease or disability that affects their ability to drive is required to inform the licensing authority.
- Failure to report such a condition can result in the revocation or suspension of their driving licence if discovered later.
- Right to Appeal:
- If a person’s driving licence is revoked or suspended under this section, they have the right to appeal the decision to a higher authority or a court. The appeal process allows the licence holder to challenge the decision, especially if they believe the revocation was based on incorrect or insufficient information.
- Reinstatement of Licence:
- In cases where the driver’s condition improves or they are treated for the disease or disability, they may be allowed to reapply for their driving licence after passing the required medical tests and proving their fitness to drive.
Purpose of Section 16:
- Public Safety: The primary purpose of this section is to ensure that people who are physically or mentally unfit to drive due to illness or disability are prevented from operating vehicles, thereby reducing the risk of accidents on the road.
- Driver Responsibility: It places responsibility on drivers to be aware of their own physical and mental condition and to voluntarily report any issues that may impair their ability to drive safely.
- Medical Review for Road Safety: By allowing the licensing authority to request medical examinations and act on the results, this section ensures that medically unfit drivers are not allowed to continue driving, protecting both the driver and other road users.
Conclusion:
Section 16 allows for the revocation or suspension of a driving licence if the licence holder develops a disease or disability that makes them unfit to drive. The section ensures that road safety is prioritized by preventing medically unfit individuals from driving, while also giving them the option to appeal the decision or reapply for their licence if their condition improves.
