(1) A person in respect of whom any disqualification order is made under section 19 or section 20 shall be debarred to the extent and for the period specified in such order from holding or obtaining a driving licence, and the driving licence, if any, held by such person at the date of the order shall cease to be effective to such extent and during such period.
(2) The operation of a disqualification order made under section 20 shall not be suspended or postponed while an appeal is pending against such order or against the conviction as a result of which such order is made, unless the appellate court so directs.
(3) Any person in respect of whom any disqualification order has been made may at any time after the expiry of six months from the date of the order apply to the Court or other authority by which the order was made, to remove the disqualification; and the Court or authority, as the case may be, may, having regard to all the circumstances, either cancel or vary the disqualification order.
Provided that where the Court or other authority refuses to cancel or vary any disqualification order under this section, a second application thereunder shall not be entertained before the expiry of a period of three months from the date of such refusal.
Simplified Explanation
Section 23 of the Motor Vehicles Act explains the consequences of a disqualification order issued by a court or licensing authority. When a person is disqualified from holding or obtaining a driving licence, this section outlines what happens next and the impact of such an order on the licence holder.
Key Points of Section 23:
- Effect of Disqualification:
- When a person is disqualified from holding or obtaining a driving licence, either temporarily or permanently, the disqualification takes immediate effect from the date the order is made.
- The disqualification means the individual cannot legally drive any motor vehicle until the disqualification period has ended, or, in the case of permanent disqualification, they are barred from driving indefinitely.
- Licence Becomes Invalid:
- If the disqualification order applies to a person who already holds a driving licence, the licence becomes invalid for the duration of the disqualification.
- The person is required to surrender their driving licence to the licensing authority or court. The licence remains with the authority until the disqualification period ends, or it is cancelled permanently.
- Application for a New Licence:
- A person who is disqualified from holding or obtaining a driving licence is prohibited from applying for a new driving licence for the period of disqualification. They cannot legally obtain a licence from any authority during this period.
- After the disqualification period is over, the person can apply for a new licence (if their licence was cancelled) or apply for reinstatement (if it was only suspended).
- Disqualification for Specific Vehicle Categories:
- A disqualification order may apply to specific categories of vehicles. For example, a person could be disqualified from driving heavy vehicles but may still be allowed to drive light motor vehicles, depending on the nature of the offence.
- The court or licensing authority has the discretion to decide whether the disqualification applies to all types of vehicles or just certain categories.
- Driving During Disqualification:
- If a person is found driving a motor vehicle while disqualified, they are committing a serious offence. This can lead to further penalties, including fines, imprisonment, or an extended disqualification period.
- Driving during disqualification shows a disregard for the law and is treated as a criminal act with serious consequences.
- Recording of Disqualification:
- The licensing authority is required to maintain records of disqualification orders. These records help authorities track individuals who have been disqualified and ensure that they are not able to circumvent the order by applying for a licence elsewhere.
- In case of permanent disqualification, the individual’s driving history will reflect this, and they will not be permitted to apply for a new licence.
- Reinstatement of Licence:
- Once the disqualification period has ended, the individual may apply for the reinstatement of their driving licence. The licensing authority may require the person to undergo a medical examination or pass a driving test before the licence is restored.
- However, if the licence was cancelled permanently, the individual cannot reapply for a driving licence at any time in the future.
- Disqualification by Multiple Courts:
- If a person is disqualified by multiple courts or authorities, the disqualification periods may run concurrently or consecutively, depending on the court’s orders. The individual will have to comply with the longest applicable period of disqualification.
Purpose of Section 23:
- Ensuring Compliance: The section ensures that a disqualification order is enforced effectively by making the driving licence invalid and preventing the licence holder from legally driving during the disqualification period.
- Promoting Road Safety: By disqualifying individuals who have violated traffic laws or demonstrated dangerous driving behavior, this section helps to enhance road safety and prevent further violations.
- Preventing Circumvention: The prohibition on applying for a new licence during the disqualification period ensures that individuals cannot circumvent the disqualification by obtaining a new licence from a different licensing authority.
Conclusion:
Section 23 outlines the immediate and lasting effects of a disqualification order on a person’s driving licence. The section ensures that individuals disqualified from driving are legally prohibited from holding or obtaining a licence and cannot drive during the disqualification period. It reinforces the importance of compliance with the law and protects public safety by removing unfit drivers from the road.
