Where, in relation to a person who had been previously convicted of an offence punishable under section 184, a case is registered by a police officer on the allegation that such person has, by such dangerous driving as is referred to in the said section 184, of any class or description of motor vehicle caused the death of, or grievous hurt to, one or more persons, the driving license held by such person shall in relation to such class or description of motor vehicle become suspended—
- for a period of six months from the date on which the case is registered, or
- if such person is discharged or acquitted before the expiry of the period aforesaid, until such discharge or acquittal, as the case may be.
Where by virtue of the provisions of sub-section (1), the driving license held by a person becomes suspended, the police officer, by whom the case referred to in sub-section (1) is registered, shall bring such suspension to the notice of the Court competent to take cognizance of such offence, and thereupon, such Court shall take possession of the driving license, endorse the suspension thereon and intimate the fact of such endorsement to the licensing authority by which the license was granted or last renewed.
Where the person referred to in sub-section (1) is acquitted or discharged, the Court shall cancel the endorsement on such driving license with regard to the suspension thereof.
If a driving license in relation to a particular class or description of motor vehicles is suspended under sub-section (1), the person holding such license shall be debarred from holding or obtaining any license to drive such particular class or description of motor vehicles so long as the suspension of the driving license remains in force.
Simplified Explanation
Section 21 of the Motor Vehicles Act empowers the licensing authority to suspend a driving licence in specific situations involving serious traffic violations or offences. This section is designed to ensure prompt action against drivers who pose an immediate risk to road safety or are involved in dangerous activities.
Key Points of Section 21:
- Immediate Suspension:
- The licensing authority has the power to suspend a driving licence without prior notice if the licence holder is charged with certain serious offences under the Motor Vehicles Act.
- This allows authorities to take swift action when a driver’s continued operation of a vehicle would pose a danger to public safety.
- Offences Leading to Suspension: The driving licence may be suspended if the driver is charged with:
- Driving under the influence of alcohol or drugs (as per Section 185).
- Dangerous or reckless driving that endangers public safety (as per Section 184).
- Over-speeding, ignoring traffic signals, or racing on public roads.
- Driving a vehicle in a public place without proper registration or insurance.
- Repeated traffic violations or offences, making the driver a habitual offender.
- Involvement in fatal accidents or accidents causing serious injury due to negligence or reckless driving.
- Suspension Pending Legal Proceedings:
- The suspension of the driving licence may be imposed even before the legal case is concluded, pending the final decision or judgment by the court.
- This temporary suspension aims to prevent the driver from further endangering the public while legal proceedings are ongoing.
- Duration of Suspension:
- The suspension remains in effect for a specified period, which may vary depending on the severity of the offence and the discretion of the licensing authority.
- The suspension can be lifted once the authority or court is satisfied that the driver no longer poses a risk to road safety, or after the completion of any required legal proceedings.
- Effect of Suspension:
- Once a licence is suspended, the driver is legally prohibited from driving any motor vehicle during the suspension period.
- If a person drives while their licence is suspended, they may face further penalties such as fines, imprisonment, or extension of the suspension period.
- Appeal Against Suspension:
- A person whose licence has been suspended has the right to appeal the suspension. The appeal can be made to a higher authority or court within a specified period.
- The appeal process allows the licence holder to challenge the suspension and request reinstatement if they believe the suspension was unjustified.
- Reinstatement of Licence:
- After the suspension period ends, the licence may be reinstated by the licensing authority, provided the driver meets any conditions set out during the suspension.
- In some cases, the driver may need to undergo a driving test or submit a medical fitness certificate before the licence is returned.
Purpose of Section 21:
- Preventing Immediate Danger: The power to suspend a licence without prior notice allows the licensing authority to act quickly in cases where the driver’s behaviour poses an immediate threat to public safety, such as driving under the influence or engaging in reckless driving.
- Temporary Action Pending Legal Outcomes: Suspension is often used as a precautionary measure while legal proceedings are still ongoing, ensuring that the driver cannot continue to operate a vehicle during this time.
- Promoting Road Safety: This section ensures that individuals who engage in dangerous driving practices or violate critical traffic laws are temporarily removed from the roads, reducing the risk of accidents and injuries.
Conclusion:
Section 21 provides the licensing authority with the power to suspend a driving licence in cases where the driver is involved in serious traffic violations or offences, especially when they pose an immediate risk to public safety. The suspension is intended to be a temporary but effective measure to maintain road safety and can be challenged through an appeal process.
