(1) The Court or authority making an order of disqualification shall endorse or cause to be endorsed upon the driving licence, if any, held by the person disqualified, particulars of the order of disqualification and of any conviction of an offence in respect of which an order of disqualification is made; and particulars of any cancellation or variation of an order of disqualification made under sub-section (3) of section 23 shall be similarly so endorsed.
(2) A Court by which any person is convicted of an offence under this Act as may be prescribed by the Central Government, having regard to the objects of this Act, shall, whether or not a disqualification order is made in respect of such conviction, endorse or cause to be endorsed particulars of such conviction on any driving licence held by the person convicted.
(3) Any person accused of an offence prescribed under sub-section (2) shall, when attending the Court, bring with him his driving licence if it is in his possession.
(4) Where any person is convicted of any offence under this Act and sentenced to imprisonment for a period exceeding three months, the Court awarding the sentence shall endorse the fact of such sentence upon the driving licence of the person concerned and the prosecuting authority shall intimate the fact of such endorsement to the authority by which the driving licence was granted or last renewed.
(5) When the driving licence is endorsed or caused to be endorsed by any Court, such Court shall send the particulars of the endorsement to the licensing authority by which the driving licence was granted or last renewed.
(6) Where on an appeal against any conviction or order of a Court, which has been endorsed on a driving licence, the appellate court varies or sets aside the conviction or order, the appellate court shall inform the licensing authority by which the driving licence was granted or last renewed, and such authority shall amend or cause to be amended the endorsement.
Simplified Explanation
Section 24 of the Motor Vehicles Act deals with the process of endorsement on a driving licence. An endorsement refers to the addition of a record or notation on a driving licence to indicate that the licence holder has been convicted of certain offences or that specific conditions apply to their licence.
Key Points of Section 24:
- What is an Endorsement?:
- An endorsement is a formal record or notation made on a driving licence by the licensing authority. It indicates that the licence holder has been involved in a specific offence or that certain restrictions or conditions apply to their driving licence.
- Endorsements typically follow a conviction for traffic offences or violations of the Motor Vehicles Act.
- Types of Offences Leading to Endorsement:
- Offences that may lead to an endorsement on the driving licence include:
- Dangerous or reckless driving.
- Driving under the influence of alcohol or drugs.
- Repeated speeding violations or other habitual traffic offences.
- Using a vehicle for purposes that are not permitted by the licence.
- Driving with a disqualified licence or other violations of the Motor Vehicles Act.
- Offences that may lead to an endorsement on the driving licence include:
- Impact of Endorsement:
- An endorsement serves as a warning or record of the licence holder’s offences. It may affect the driver’s legal standing and could lead to further penalties if additional offences are committed.
- If the driver continues to violate traffic laws after an endorsement, their driving licence may be suspended or cancelled by the licensing authority, based on the severity of the offences.
- Duration of Endorsement:
- Endorsements on a driving licence are typically valid for a specified period, which may be determined by the court or the licensing authority.
- After the period ends, the endorsement may be removed from the licence, provided the driver has not committed any further offences during that time.
- The duration of an endorsement can vary depending on the nature of the offence and the court’s decision.
- Endorsement Process:
- After a person is convicted of a traffic offence, the court or licensing authority may instruct the licensing authority to endorse the driving licence.
- The endorsement is made by physically or digitally recording the details of the offence on the licence or in the licensing records.
- Multiple Endorsements:
- If a licence holder commits multiple offences, they may receive multiple endorsements on their driving licence. Repeated endorsements can lead to disqualification or permanent cancellation of the licence if the driver is deemed unfit to continue driving.
- Effect on Insurance:
- An endorsement on a driving licence may affect the individual’s motor vehicle insurance. Insurance companies may charge higher premiums or refuse coverage to drivers with serious endorsements, as they are considered high-risk drivers.
- Appeal Against Endorsement:
- A driver who has had their licence endorsed can file an appeal against the endorsement if they believe it was unjust or based on incorrect information. The appeal process follows legal procedures, and the driver must present evidence to challenge the endorsement.
- Rehabilitation:
- Drivers with an endorsement on their licence can demonstrate good driving behaviour during the endorsement period. If no further offences are committed, the endorsement may be removed after the specified period, helping the driver restore their driving record.
Purpose of Section 24:
- Accountability: Endorsements serve as a tool to ensure drivers are held accountable for their actions on the road. It acts as a formal record of traffic violations, helping authorities monitor habitual offenders.
- Encouraging Safe Driving: The possibility of having an endorsement on a driving licence encourages drivers to adhere to traffic rules and maintain safe driving practices, knowing that violations will be recorded and could lead to further penalties.
- Maintaining Driving Records: Endorsements provide a method for keeping accurate driving records. This helps both the licensing authorities and the courts in taking decisions regarding licence suspension or cancellation for repeated violations.
Conclusion:
Section 24 of the Motor Vehicles Act outlines the process of endorsement on a driving licence for specific offences. An endorsement is a formal notation made on the licence, recording traffic violations and serving as a warning to the driver. Endorsements can have long-term effects on a driver’s ability to hold or renew a licence and may lead to disqualification for repeated offences.
