Motor Vehicles Act: Section 9 – Grant of driving licence

1. Any person who is not for the time being disqualified for holding or obtaining a driving license may apply to the licensing authority having jurisdiction in the area—
   1. in which he ordinarily resides or carries on business, or
   2. in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated. for the issue to him of a driving license.
2. Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government.
3. If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving license:
   Provided that no such test shall be necessary where the applicant produces proof to show that—
   1. —
      1. the applicant has previously held a driving license to drive such class of vehicle and that the period between the date of expiry of that license and the date of the application does not exceed five years, or
      2. the applicant holds or has previously held a driving license to drive such class of vehicle issued under section 18, or
      3. the applicant holds a driving license to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8,
   2. the applicant is not suffering from any disability which is likely to cause the driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8:
      Provided further that where the application is for a driving license to drive a motor vehicle (not being a transport vehicle), the licensing authority may exempt the applicant from the test of competence to drive a vehicle prescribed under this sub-section, if the applicant possesses a driving certificate issued by any institution recognised in this behalf by the State Government.
4. Where the application is for a license to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses such minimum educational qualification as may be prescribed by the Central Government and a driving certificate issued by a school or establishment referred to in section 12.
5. Where the applicant does not pass the test, he may be permitted to re-appear for the test after a period of seven days:
   Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test.
6. The test of competence to drive shall be carried out in a vehicle of the type to which the application refers:
   Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear.
7. When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving license unless the applicant is for the time being disqualified for holding or obtaining a driving license:
   Provided that a licensing authority may issue a driving license to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicant’s inability to apply to the appropriate licensing authority:
   Provided further that the licensing authority shall not issue a new driving license to the applicant, if he had previously held a driving license, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former license.
8. If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he—
   1. is a habitual criminal or a habitual drunkard; or
   2. is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
   3. is a person whose license to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving license to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority.
9. Any driving license for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear.

Simplified Explanation

Section 9 deals with the process and conditions under which a driving licence can be granted in India. Here’s a detailed breakdown:

Key Points of Section 9:

1. Application for a Driving Licence:
   • After successfully holding a learner’s licence and practicing driving, an individual may apply for a permanent driving licence by submitting an application to the licensing authority in the prescribed form.
   • The application must specify the type of vehicle for which the licence is being applied (e.g., motorcycles, light motor vehicles, transport vehicles, etc.).
2. Eligibility for a Driving Licence:
   • The applicant must have held a learner’s licence for at least 30 days and not more than 180 days before applying for the permanent licence.
   • The applicant should be physically fit and meet the age requirements set forth in Section 4.
3. Driving Test:
   • The applicant must pass a driving test conducted by the licensing authority. The test includes:
     • Practical driving on roads or a testing ground to demonstrate the applicant’s ability to control the vehicle and follow traffic rules.
     • Awareness of traffic signs, road safety, and signals.
   • The test may differ based on the type of vehicle (e.g., cars, two-wheelers, or commercial vehicles).
4. Granting of the Licence:
   • If the applicant successfully clears the driving test and meets all other requirements, the licensing authority will issue a driving licence.
   • If the applicant fails the test, they can retake it after a prescribed period.
5. Medical Certificate:
   • For certain categories of vehicles, especially transport vehicles, the applicant may need to submit a medical certificate proving that they are physically fit to drive.
6. Licence Categories:
   • A driving licence will be issued for specific categories of vehicles, such as motorcycles, cars, heavy vehicles, or transport vehicles. The applicant can only drive the vehicle types mentioned on their licence.

Purpose of Section 9:

• To ensure that all drivers on the road are competent and have demonstrated their driving skills through a regulated testing process.
• To promote road safety by issuing licences only to those who are fully qualified and responsible drivers.

Conclusion:

Section 9 ensures that only qualified drivers, who have passed the required tests, are granted driving licences. The process involves meeting age, medical, and practical driving test requirements.