Motor Vehicles Act: Section 32 – Revocation of a conductor’s licence on grounds of disease or disability

A conductor’s licence may at any time be revoked by any licensing authority if that authority has reasonable grounds to believe that the holder of the licence is suffering from any disease or disability which is likely to render him permanently unfit to hold such a licence. Where the authority revoking a conductor’s licence is not the authority which issued the same, it shall intimate the fact of such revocation to the authority which issued that licence. Provided that before revoking any licence, the licensing authority shall give the person holding such licence a reasonable opportunity of being heard.

Simplified Explanation

Section 32 of the Motor Vehicles Act deals with the revocation of a conductor’s licence if the licence holder is found to be suffering from a disease or disability that makes them unfit to perform their duties. This section ensures that conductors, who are responsible for the safety and management of passengers, remain physically and mentally capable of handling their responsibilities.

Key Points of Section 32:

1. Grounds for Revocation:
   • A conductor’s licence can be revoked if the licence holder develops a disease or disability that affects their ability to safely and effectively carry out the duties of a conductor. This can include:
     • Physical disabilities that interfere with tasks such as managing passengers, collecting fares, or ensuring boarding and alighting safety.
     • Mental health conditions that impair judgment, decision-making, or the ability to handle stressful situations.
     • Serious health issues such as loss of vision, hearing impairment, or any other condition that makes it unsafe for the person to work as a conductor.
2. Medical Examination:
   • If the licensing authority has reason to believe that a conductor is no longer fit to perform their duties due to illness or disability, they may require the conductor to undergo a medical examination.
   • The examination must be conducted by a registered medical practitioner who will assess the conductor’s physical and mental fitness.
3. Action by Licensing Authority:
   • Based on the results of the medical examination, the licensing authority may decide to:
     • Revoke the conductor’s licence if the person is deemed permanently unfit.
     • Suspend the licence temporarily if the condition is expected to improve, allowing for a review after a specific period.
     • Impose restrictions on the licence, allowing the person to perform only certain duties if their condition affects only specific aspects of the job.
4. Notification to the Licence Holder:
   • If a decision is made to revoke or suspend the conductor’s licence, the licensing authority must inform the licence holder in writing, stating the reasons for the revocation or suspension.
   • The notice must also include any steps the licence holder can take if they wish to challenge the decision.
5. Opportunity to Appeal:
   • The conductor whose licence is revoked on medical grounds has the right to appeal the decision to a higher authority or a court. The appeal process allows the licence holder to present evidence that they are still fit to perform their duties or challenge the validity of the medical examination.
   • During the appeal, the court or appellate authority will review the evidence and make a final determination on whether the revocation or suspension should be upheld.
6. Reinstatement of Licence:
   • If the licence is temporarily suspended due to a medical condition, the conductor may apply for reinstatement once the condition has improved.
   • The conductor may need to submit a fresh medical certificate proving that they are fit to resume their duties before the licence can be restored.

Purpose of Section 32:

• Passenger and Public Safety: The primary goal of this section is to ensure that conductors responsible for the safety and well-being of passengers are physically and mentally capable of performing their duties. This protects both the conductor and the passengers.
• Regular Health Monitoring: The provision emphasizes the need for ongoing health assessments for conductors, especially if they develop conditions that could impair their ability to manage passengers or ensure safe operations.
• Preventing Risk: By revoking or suspending a conductor’s licence when they become unfit due to disease or disability, the section aims to prevent accidents or issues that may arise from an inability to manage passengers properly.

Conclusion:

Section 32 ensures that conductors remain fit to perform their duties by allowing the revocation of a conductor’s licence if the licence holder develops a disease or disability that affects their ability to work safely. The section balances passenger safety with the rights of the conductor, providing a clear process for medical examination, revocation, and the opportunity to appeal.