Aim And Objective Of Motor Vehicle Act, 1988

The Motor Vehicle Act, of 1988 came into effect on July 1st, 1989. The preamble of the act lays down the aims and objectives of the act, which are as follows:

  1. laying down the strict procedure for the granting of a licence and ensuring the validity of the same.
  2. Maintain the road safety requirements and Dangerous and explosive material transportation rules and pollution control measures.
  3. Raising the amount of compensation available to hit-and-run cases.
  4. To eliminate the time limit for the claim of compensation as filed by the traffic accident victims.

Who Is An NRI? 

A Non-Indian Resident or an NRI is a person who is a citizen of India or a person who is of Indian Origin and is not residing in India. As per Section 6 of the Income Tax Act, an individual is said to be a non-resident in India if he is not a resident in India and an individual is deemed to be resident in India if satisfies the following condition:

  1. if he is in India for 182 days or more during the previous year; or
  2. if he is in India for 60 days or more during the previous year and 365 days or more during the 4 years immediately preceding the previous year.

There are various categories of NRIs:

  1. Central or State government representatives and public sector employees are living overseas.
  2. Indians who are working for international organisations such as the International Monetary Fund, the United Nations Organisations etc.
  3. Indian Residents are staying overseas for schooling, jobs, carrying a business or on vacation.

Definition Of Motor Vehicle

Section 2(28) of the Motor Vehicle Act, 1988, “means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding twenty-five cubic centimetres.”

Generally, motor vehicles are classified into three major types:

1. Private cars

2. Motorised two-wheelers

3. Commercial vehicles.

Definition Of Driving Licence

Section 2(10) of the Motor Vehicle Act, 1988, “ “driving licence” means the licence issued by a competent authority under Chapter II authorising the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description;”

In Priyansha Bhattacharyya v. The State of West Bengal and Others (2022 Livelaw (Cal)274), the Calcutta High Court had observed that a police officer has no right to disqualify a person or revoke a driving licence under the Motor Vehicle Act, 1988 and only the licencing authority is empowered to issue and suspend a driving licence.

Section 9(3)(iii) Of The Motor Vehicle Act, 1988:

Section 9 of the Motor Vehicle Act deals with the Grant of the driving licence; sub-clause (3) of the pertaining section deals with situations when there is no need for the applicant to pass any tests as may be prescribed and laid down by the Central Government, which are as follows:

  1. Section 9(3)(a)(i)- the date of expiry between the expiry of the license of such class of vehicles and that of the application of the licence does not exceed 5 years.
  2. Section 9 (3) (a) (ii)- The applicant holds or previously held the driving licence of such class of vehicles as provided in Section 18 driving licences to drive motor vehicles, belonging to the Central Government.
  3. Section 9 (3) (a) (iii)- The applicant holds a driving licence to drive such vehicles as issued by a competent authority of any country outside India, subject that they comply with the provisions of Sec 8(3), i.e. every application for the driver’s licence must be accompanied by a medical certificate in the form as prescribed by the State Government.

Section 139 Of The Motor Vehicle Act, 1988:

This section lays down the power of the Central Government to make rules, which can be notified by the official gazette. Some of the rules that the Central Government can notify are- Granting and authentication of travelling passes, conditions subject to which motor vehicles carrying on services may be brought into India from outside India, the conditions subject the which persons employed as drivers and conductors of such motor vehicle may enter or leave India etc.

Although none of the rules specifically mentions the situation of providing licence to NRIs, however under Section 139(1)(k) of the Act, the Central Government may make rules on any other matter that are not laid down in this section.

International driving permit:

An International Driver’s Permit (IDP) is a document that allows individuals to drive in foreign countries. The IDP is authorized by the United Nations and is generally valid for one year from the date of issuance or until the person’s driving license has expired. It is important to note that the IDP is only available to Indian citizens who are currently in India.

International Driving Permits are governed by three major international conventions:

  1. 1926 Paris International Convention relative to Motor Traffic: It is the older IDP convention. It applies to motor vehicle traffic in general irrespective of the purpose and nature of the Transport.
  2. 1949 Geneva Convention on Road Traffic- it is also known as the Convention on Road Traffic. It is an international treaty that promotes the development and safety of international road traffic by establishing uniform rules amongst the contracting parties. 
  3. 1968 Vienna Convention on Road Traffic- it is an international treaty that was designed to facilitate international road traffic and increase the safety of the rule conforming to the standard traffic rules among the contracting parties. Article 41 of the Vienna Convention on Road Traffic describes the requirement for driving licences.

India is a signatory to only the Geneva Convention on Road Traffic, 1949 and not to the rest of the above-stated convention. 

How can one apply for an International Driving licence in India?

International Driving permit may be issued in India by filling Form 4A or in writing to RTO within the jurisdiction of where the applicant resides when the following requirements are fulfilled:

1. Valid driving licence held by the applicant

2. copies of passport, visa and Air ticket for verification

3. Fees may be prescribed along with user charges.

Detailed steps to be followed: 

Step 1: Fill out the forms ie. Form 4A i.e. certificate that an individual is a competence rider; Form 1A ie. A prom of medical fitness for the rider.

Step 2: Provide details of driving licence, identity and residential proof

Step 3: Submission of all the necessary documents that are required

Step 4: Take the driving test

Step 5: Paying the fees of Rupees 1000 at the time of document submission.

Conclusion:

Driving without a valid license in India is a serious offence. If minors or anyone caught driving without a valid license, they may be fined Rs. 5,000 or face imprisonment for three months, or both, as per Section 181 of the Motor Vehicle Act. Therefore, it is important to obtain a proper license to operate any motor vehicle in India.

Non-resident Indians (NRIs) who possess Indian citizenship but don’t reside in India can obtain a driving license by submitting the required documents to the Regional Transport Office (RTO). Foreigners in India who are signatories of the Geneva Signatory of 1949 must hold an International Driver’s Permit. NRIs must follow the proper rules and regulations while driving in India to avoid any penal action. In India, it is deemed a serious offence to operate any motor vehicle without a valid driving license. If minors or anyone caught driving without a valid license, they may be fined Rs. 5,000 or face imprisonment for three months, or both, as per Section 181 of the Motor Vehicle Act. Therefore, it is essential to obtain a proper driving license to operate any motor vehicle in India.

Non-resident Indians (NRIs) who possess Indian citizenship but don’t reside in India can obtain a driving license by submitting the mandatory documents to the Regional Transport Office (RTO). The required documents include proof of identity, proof of address, and a copy of the Indian citizenship certificate. The applicant must also pass a driving test conducted by the RTO. 

In addition, foreigners visiting India must hold an International Driver’s Permit (IDP) to drive in India. The IDP must be obtained before arriving in India and must be accompanied by a valid driving license from the country of origin. The IDP is mandatory for foreigners in India who are signatories of the Geneva Signatory of 1949.

NRIs and foreigners need to follow the proper rules and regulations while driving in India to avoid any legal action. The traffic laws in India are strictly enforced, and the penalties for violating them are severe. Therefore, it’s crucial to be aware of the traffic laws in India and follow them diligently to avoid any legal trouble.

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