(1) Whoever, being disqualified under this Act for holding or obtaining a driving licence, drives a motor vehicle in a public place or in any other place, or applies for or obtains a driving licence or, not being entitled to have a driving licence issued to him free of endorsement, applies for or obtains a driving licence without disclosing the endorsement made on a driving licence previously held by him shall be punishable with imprisonment for a term which may extend to three months, or with a fine which may extend to five hundred rupees, or with both, and any driving licence so obtained by him shall be of no effect.
(2) Whoever, being disqualified under this Act for holding or obtaining a conductor’s licence, acts as a conductor of a stage carriage in a public place or applies for or obtains a conductor’s licence or, not being entitled to have a conductor’s licence issued to him free of endorsement, applies for or obtains a conductor’s licence without disclosing the endorsements made on a conductor’s licence previously held by him, shall be punishable with imprisonment for a term which may extend to one month, or with a fine which may extend to one hundred rupees, or with both, and any conductor’s licence so obtained by him shall be of no effect.
Simplified Explanation
Section 182 of the Motor Vehicles Act outlines penalties for various offences related to driving licenses. These offences typically involve the misuse, forgery, or misrepresentation concerning driving licenses. The section ensures that individuals who falsify, alter, or improperly use licenses are penalized to maintain the integrity of the licensing system and promote road safety.
Overview of Section 182
Section 182 addresses penalties for the following offences:
- Obtaining or attempting to obtain a driving license through fraudulent means or misrepresentation.
- Using a forged, altered, or fraudulently obtained driving license.
- Permitting someone without a valid license to drive.
- Driving with a suspended or revoked license.
Key Elements of Section 182
- Offences Related to Obtaining Licenses Fraudulently:
- If any person obtains or attempts to obtain a driving license by making false representations or by providing false information, they are committing an offence.
- This could involve lying about qualifications, medical conditions, or other relevant details when applying for a license.
- Using a Forged or Altered License:
- If a person uses a forged or altered license, or if they use a license that was fraudulently obtained, they are also guilty of an offence. This includes knowingly presenting a fake or altered document to law enforcement or for any official purpose.
- The use of such a license undermines the regulatory process that ensures only qualified individuals are allowed to drive.
- Permitting Unauthorized Driving:
- A person who allows another individual without a valid license to drive their vehicle is committing an offence under this section. This applies to vehicle owners or those in control of a vehicle who knowingly let someone without a proper license drive.
- For example, if a person allows an underage individual or someone whose license is suspended to drive their vehicle, they can be penalized.
- Driving with a Suspended or Revoked License:
- Driving when the license has been suspended or revoked is a serious violation under this section. Individuals who continue to drive despite the suspension or cancellation of their license are subject to penalties.
- Penalties for Violations:
- For offences under this section, the penalty can include:
- Imprisonment for up to three months,
- A fine of up to ₹500 for the first offence.
- For subsequent offences, the penalties are more severe:
- Imprisonment of up to six months, and/or
- A fine of up to ₹1,000.
- For offences under this section, the penalty can include:
Practical Implications
- Deterrence Against License Fraud: Section 182 serves as a deterrent against individuals attempting to obtain or use driving licenses through fraudulent means. By imposing fines and imprisonment, it discourages the misuse of the licensing system.
- Promoting Road Safety: Ensuring that only qualified individuals hold valid licenses is critical for road safety. This section helps maintain the integrity of the licensing process and ensures that unqualified drivers are penalized.
- Penalizing Permitting Unauthorized Driving: Vehicle owners or individuals in charge of a vehicle must be careful not to allow unlicensed drivers to operate their vehicles. This section encourages responsible behavior among vehicle owners.
- Enforcing Legal Compliance: Driving with a suspended or revoked license puts road users at risk. Section 182 ensures that those who ignore license suspensions or revocations face legal consequences, helping enforce compliance with traffic laws.
Conclusion
Section 182 of the Motor Vehicles Act deals with offences related to fraudulent obtaining or use of driving licenses, forgery, and allowing unlicensed individuals to drive. The section imposes fines and imprisonment to deter such violations and maintain the integrity of the licensing system. By penalizing fraudulent activities and ensuring that only qualified individuals are allowed to drive, this section contributes to road safety and helps enforce compliance with traffic regulations.