Motor Vehicles Act: Section 19 – Power of licensing authority to disqualify from holding a driving licence or revoke such licence.

1. If a licensing authority is satisfied, after giving the holder of a driving license an opportunity of being heard, that he—

1. is a habitual criminal or habitual drunkard; or
2. is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
3. is using or has used a motor vehicle in the commission of a cognizable offence; or
4. 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
5. has obtained any driving license or a license to drive a particular class or description of motor vehicle by fraud or misrepresentation; or
6. 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
7. has failed to submit to, or has not passed, the tests referred to in the proviso to sub-section (3) of section 22; or
8. being a person under the age of eighteen years who has been granted a learner’s license or a driving license with the consent in writing of the person having the care of the holder of the license and has ceased to be in such care, it may, for reasons to be recorded in writing, make an order—
   1. disqualifying that person for a specified period for holding or obtaining any driving license to drive all or any classes or descriptions of vehicles specified in the license; or
   2. revoke any such license.

2. Where an order under sub-section (1) is made, the holder of a driving license shall forthwith surrender his driving license to the licensing authority making the order, if the driving license has not already been surrendered, and the licensing authority shall—

1. if the driving license is a driving license issued under this Act, keep it until the disqualification has expired or has been removed; or
2. if it is not a driving license issued under this Act, endorse the disqualification upon it and send it to the licensing authority by which it was issued; or
3. in the case of revocation of any license, endorse the revocation upon it and if it is not the authority which issued the same, intimate the fact of revocation to the authority which issued that license:
   Provided that where the driving license of a person authorises 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 license and return the same to the holder.

3. 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.

Simplified Explanation

Section 19 of the Motor Vehicles Act grants the licensing authority the power to disqualify a person from holding a driving licence or to revoke their licence under certain conditions. This section is designed to ensure that individuals who engage in unsafe or illegal driving practices can be restricted from driving to protect public safety.

Key Points of Section 19:

1. Grounds for Disqualification or Revocation: The licensing authority can disqualify a person from holding a driving licence or revoke their licence if:
   • Dangerous Driving: The person has been found guilty of driving in a manner that endangers the public or violates traffic laws.
   • Habitual Offender: The individual is a habitual violator of traffic rules and has committed repeated offences.
   • Driving Under the Influence: The person has been convicted of driving under the influence of alcohol or drugs.
   • Involvement in Serious Accidents: The driver has been involved in accidents due to reckless or negligent driving.
   • Medical Unfitness: If the person is deemed medically unfit to drive, especially if they develop a disease or disability that affects their driving ability (as per Section 16).
   • Offences under the Act: The individual has committed offences under the Motor Vehicles Act that warrant disqualification, such as driving without a licence, using a fake licence, or driving a vehicle without registration.
2. Temporary or Permanent Disqualification:
   • The licensing authority may either temporarily disqualify a person for a specified period or permanently revoke their licence, depending on the severity of the offence or the driver’s history.
   • Temporary disqualification is typically used for lesser offences, whereas permanent revocation is reserved for more serious or repeated violations.
3. Procedure for Disqualification or Revocation:
   • The licensing authority must give the licence holder an opportunity to be heard before disqualifying or revoking the licence.
   • This ensures that the driver has a chance to explain or contest the charges before the final decision is made.
4. Orders from Courts:
   • A court of law may also direct the licensing authority to disqualify a person from holding a licence if they have been convicted of certain offences. The licensing authority is then required to act on the court’s order and revoke or suspend the licence.
5. Cancellation of Learner’s Licence:
   • The licensing authority can also revoke a learner’s licence if it is found that the person is driving in violation of the terms of the learner’s licence, such as driving without supervision or failing to display the ‘L’ sign on the vehicle.
6. Effect of Disqualification:
   • Once a licence is revoked or disqualified, the person is prohibited from driving any vehicle until the disqualification period ends or until they are granted a new licence (if applicable).
   • If a person drives during the disqualification period, they may face further penalties, including fines or imprisonment.
7. Appeal Against Disqualification or Revocation:
   • A person whose licence has been revoked or who has been disqualified from driving has the right to appeal the decision.
   • The appeal can be made to a higher authority or court within a specified time frame, usually within 30 days of the disqualification or revocation order.

Purpose of Section 19:

• Ensuring Road Safety: The primary purpose of this section is to protect public safety by ensuring that individuals who are unfit or unsafe to drive are prevented from doing so. This includes habitual offenders, dangerous drivers, and those medically unfit to drive.
• Accountability for Offences: It holds drivers accountable for serious offences and repeated violations of traffic laws, ensuring that those who fail to follow the rules face appropriate consequences.
• Legal Recourse for Misconduct: This section provides a clear legal framework for dealing with unsafe or irresponsible drivers and allows the licensing authority to take preventive measures to reduce accidents and violations.

Conclusion:

Section 19 of the Motor Vehicles Act gives the licensing authority the power to disqualify or revoke a driving licence if the licence holder is found guilty of dangerous driving, repeated offences, driving under the influence, or medical unfitness. The section promotes road safety by restricting unfit drivers from operating vehicles and provides a mechanism for drivers to appeal against disqualification or revocation.