(1) An endorsement on any driving licence shall be transferred to any new or duplicate driving licence obtained by the holder thereof until the holder becomes entitled under the provisions of this section to have a driving licence issued to him free from endorsement.
(2) Where a driving licence is required to be endorsed and the driving licence is not in the possession of the Court or authority by which the endorsement is to be made, then: (a) if the person in respect of whom the endorsement is to be made is at the time the holder of a driving licence, he shall produce the driving licence to the Court or authority within five days, or such longer time as the Court or authority may fix; or (b) if, not being then the holder of a driving licence, he subsequently obtains a driving licence, he shall within five days after obtaining the driving licence produce it to the Court or authority, and if the driving licence is not produced within the time specified, it shall, on the expiration of such time, be of no effect until it is produced for the purpose of endorsement.
(3) A person whose driving licence has been endorsed shall, if during a continuous period of three years after such endorsement no further endorsement has been made against him, be entitled on surrendering his driving licence and on payment of a fee of five rupees, to receive a new driving licence free from all endorsements. Provided that if the endorsement is only in respect of an offence contravening the speed limits referred to in section 112, such person shall be entitled to receive a new driving licence free from such endorsements on the expiration of one year from the date of the endorsement. Provided further that in reckoning the said period of three years and one year, respectively, any period during which the said person was disqualified for holding or obtaining a driving licence shall be excluded.
Simplified Explanation
Section 25 of the Motor Vehicles Act deals with the removal of endorsements from a driving licence and the process for issuing a clean driving licence once the endorsement period has passed. It provides a framework for drivers to regain a clean driving record after fulfilling the necessary conditions or after the expiry of the endorsement period.
Key Points of Section 25:
- Transfer of Endorsement:
- An endorsement made on a driving licence is a record of offences committed by the licence holder. However, after a specified period or upon fulfilling certain conditions, the licensing authority can transfer or remove the endorsement.
- The transfer of endorsement refers to the process of updating the licence to reflect that the endorsement is no longer active or relevant, especially after the completion of the specified penalty period or good driving behaviour.
- Issue of Licence Free from Endorsement:
- Once the endorsement has expired or the driver has demonstrated good conduct during the endorsement period (without committing further offences), the driver can apply for the issue of a driving licence free from endorsement.
- The licensing authority may then issue a clean driving licence without the prior endorsement(s), reflecting the driver’s restored status as a law-abiding driver.
- Period for Removal of Endorsement:
- The endorsement is typically removed after a specified time period, which is determined by the licensing authority or court when the endorsement is made. This period can vary depending on the nature of the offence and the applicable rules.
- After the expiry of this period, if the driver has not committed any additional offences, the endorsement can be removed, and the driver can apply for a licence without the prior record of offences.
- Conditions for Removal of Endorsement:
- The driver may need to fulfill certain conditions before the endorsement can be removed. These conditions can include:
- Demonstrating good driving behaviour without committing further offences.
- Paying any fines or penalties associated with the offence.
- In some cases, attending a driving course or undergoing rehabilitation if required by the licensing authority or court.
- Once these conditions are fulfilled, the licence can be updated to remove the endorsement.
- The driver may need to fulfill certain conditions before the endorsement can be removed. These conditions can include:
- Application for Clean Licence:
- After the endorsement period ends, the licence holder must apply to the licensing authority for the issue of a licence free from endorsements.
- The application involves submitting the necessary documents and evidence to show that the endorsement period has been completed and that no further violations have occurred.
- Issuance of New Licence:
- Upon verifying that the endorsement period has expired and the driver has complied with all requirements, the licensing authority will issue a new driving licence that does not contain the prior endorsements.
- The new licence will reflect a clean driving record, giving the driver a fresh start without the burden of previous offences.
- Importance of Clean Record:
- A licence free from endorsements is important because it restores the driver’s legal standing and can help avoid higher insurance premiums or other penalties associated with having a history of traffic violations.
- It also prevents further penalties, as multiple or continuous endorsements could eventually lead to disqualification or permanent revocation of the licence.
Purpose of Section 25:
- Encouraging Good Driving Behaviour: By allowing drivers to remove endorsements and obtain a clean licence after fulfilling certain conditions, this section promotes good conduct and responsible driving habits.
- Rehabilitation of Drivers: The provision allows drivers to rehabilitate their driving record and reintegrate as responsible road users after serving their penalty or endorsement period.
- Fairness and Accountability: Section 25 ensures that drivers are given a second chance once they have met the necessary conditions, providing an incentive for drivers to improve their behaviour and comply with traffic laws.
Conclusion:
Section 25 provides a mechanism for removing endorsements from a driving licence and issuing a new, clean licence once the penalty period has passed and the driver has fulfilled all required conditions. This section encourages drivers to maintain good behaviour and offers them the opportunity to restore their driving record after serving their penalties.
