(1) Without prejudice to the provisions of sub-section (3) of section 20, where a person, referred to in sub-section (1) of section 21, is convicted of an offence of causing, by such dangerous driving as is referred to in section 184 of any class or description of motor vehicle, the death of, or grievous hurt to, one or more persons, the Court by which such person is convicted may cancel, or suspend for such period as it may think fit, the driving licence held by such person insofar as it relates to that class or description of motor vehicle.
(2) Without prejudice to the provisions of sub-section (2) of section 20, if a person, having been previously convicted of an offence punishable under section 185, is again convicted of an offence punishable under that section, the Court making such subsequent conviction shall, by order, cancel the driving licence held by such person.
(3) If a driving licence is cancelled or suspended under this section, the Court shall take the driving licence in its custody, endorse the cancellation or, as the case may be, suspension, thereon and send the driving licence so endorsed to the authority by which the licence was issued or last renewed, and such authority shall, on receipt of the licence, keep the licence in its safe custody, and in the case of a suspended licence, return the licence to the holder thereof after the expiry of the period of suspension on an application made by him for such return. Provided that no such licence shall be returned unless the holder thereof has, after the expiry of the period of suspension, undergone and passed, to the satisfaction of the licensing authority by which the licence was issued or last renewed, a fresh test of competence to drive referred to in sub-section (3) of section 9 and produced a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8.
(4) If a licence to drive a particular class or description of motor vehicles is cancelled or suspended under this section, the person holding such a licence shall be debarred from holding, or obtaining, any licence to drive such particular class or description of motor vehicles so long as the cancellation or suspension of the driving licence remains in force.
Simplified Explanation
Section 22 of the Motor Vehicles Act provides for the suspension or cancellation of a driving licence when the licence holder is convicted of specific offences under the Act. This section ensures that individuals who have been convicted of serious traffic violations or repeated offences are penalized appropriately by suspending or permanently cancelling their driving licence.
Key Points of Section 22:
- Suspension or Cancellation After Conviction:
- If a person is convicted of an offence under the Motor Vehicles Act or any related law, the court has the power to order the suspension or cancellation of their driving licence.
- The suspension or cancellation may be imposed in addition to any other penalty, such as a fine or imprisonment, depending on the seriousness of the offence.
- Offences Leading to Suspension or Cancellation: The following offences may result in the suspension or cancellation of a driving licence:
- Driving under the influence of alcohol or drugs (as per Section 185).
- Reckless or dangerous driving, causing accidents or endangering the public (as per Section 184).
- Causing death or serious injury due to negligent driving.
- Repeated or habitual violations of traffic laws, such as speeding, ignoring traffic signals, or reckless behaviour on the road.
- Driving without a valid licence or using a fake or forged licence.
- Other serious offences that demonstrate a disregard for road safety and the law.
- Permanent Cancellation for Repeat Offenders:
- In cases where the driver is a repeat offender or has been convicted of serious offences on multiple occasions, the court may order the permanent cancellation of the driving licence.
- Permanent cancellation prevents the person from applying for a new licence and effectively disqualifies them from driving for life.
- Impact of Conviction:
- The licence holder may be disqualified from holding or obtaining a licence for a specific period or indefinitely, depending on the court’s decision.
- The licence may also be revoked if the court deems that the individual poses a continuing risk to public safety due to their driving behaviour.
- Mandatory Suspension for Certain Convictions:
- For certain offences, such as driving under the influence or causing fatal accidents, the law mandates that the court impose a mandatory suspension of the driving licence for a specified period, regardless of whether the offender is a first-time violator or a habitual offender.
- Court’s Authority to Suspend or Cancel:
- The power to suspend or cancel a licence under this section lies with the court that convicts the individual of the offence. The court has the discretion to determine the duration of suspension or decide whether the licence should be permanently cancelled.
- The court’s decision is based on the nature of the offence, the driver’s history, and the potential risk the driver poses to road safety.
- Surrender of Licence:
- Once the court orders the suspension or cancellation of a driving licence, the driver is required to surrender their licence to the court or the licensing authority.
- Failure to surrender the licence after such an order can result in additional legal consequences.
- Reinstatement of Licence:
- If the licence is suspended for a specific period, the licence holder can apply for reinstatement once the suspension period has ended, provided they meet any conditions imposed by the court or licensing authority (e.g., passing a driving test or medical examination).
- However, if the licence is cancelled, the individual may be permanently barred from driving.
Purpose of Section 22:
- Accountability for Convictions: This section ensures that individuals convicted of serious traffic offences face appropriate penalties, including the suspension or cancellation of their driving licence, which acts as a deterrent for future violations.
- Enhancing Road Safety: By revoking or suspending the driving privileges of individuals who have demonstrated dangerous or irresponsible driving, this section helps to promote road safety and reduce the risk of accidents.
- Repeat Offenders: For habitual violators, permanent cancellation ensures that they are no longer allowed to drive, reducing the likelihood of them causing harm on the roads.
