By Nirupam Deo
Published On : August 19, 2021 12:47 IST
What is a Driving License?
A Driving License commonly is Official Permission by the Government of India to drive vehicles on the roads of India legally.
The person who withholds the Driving License with himself is assumed by the Traffic Authorities to be well versed in the field of Traffic Rules knowledge and can be entrusted with their current skills with the type of vehicle they want to drive.
No person is allowed to drive a vehicle without a valid Driving License. In case the person is not able to produce a Driving License while he is caught by a Traffic Authority then he is supposed to pay a fine and even serve Imprisonment terms.
A Driving License is only granted to majors, that is, people who are 18 years old or older. In case a juvenile wants to drive vehicles, they must get themselves a learning license. In case a minor is found driving without a Learning License, the owner of the vehicle shall be punished with a fine and imprisonment term on the juvenile’s behalf
Brief Background on the requirement of Transport Laws
Society has always been in a state of trepidation. The extent to which peace was craved by every Civilization just proves chaos was a vital essential existence of the Society.
With overcoming turmoil one after another, humans became stronger, wiser and more independent. From worshipping the agents of Nature to now practically controlling it we humans have come a long way.
Society had always needed a Dictator, a Leviathan without which the society would collapse and anarchy would prevail under the influence of which many heinous acts would be committed. Such a figure was called state. The State was a fixed boundary with a fixed set of rules and their fixed rulers. These Rulers were territorial and decided upon rules for the welfare of a state. The State gave power to the ruler and the people residing in that state.
The State has been an ancient construction, they were formed semi-consciously since the beginning of times by the early humans while claiming territories and has existed everywhere there was a trace of Society.
The significance of state was constructed after the renaissance period in Europe after the 11th century and the concepts of Nationalism became more pronounced.
The State derives its Powers from the people living in the particular region. It is made by the people, for the welfare of themselves. They elect their Leader among themselves hoping they would formulate rules for the welfare of everyone.
This State is supposed to control everything that runs in the given Territory. The formulation of laws and the implementation, leading by examples. Inculcating fear in the minds of the violators so as the prospect violators must not do the same act.
The State takes the help of various institutions like the Police, Court, Legislation, Executives to help it regulate control over its paradigm.
The State has been at work since time immemorial and the only reason that the System continues is that it is made for the benefit of everyone and it has been doing its work consistently.
It formulates rules for the smooth functioning of life for everyone following the Utilitarian Principles, it does welfare for the downtrodden members of the society and it makes sure the inhabitants are happy at the end of the day. Presently more than Two Hundred independent sovereign States are functioning worldwide.
The Transport Department takes care of the Transportation Rules in India. The head of the Transport Department is the Transport Commissioner, the Department falls under the promiscuity of the Home Ministry of India for administrative purposes. The basic function of these is to abide by the Motor Vehicles Act, 1988 which controls the Transport System of Indian States.
India is a blooming Transport Economy, with about Three Hundred Million vehicle users. For the same reason to avoid accidents and congestions which are so prevalent in Indian Roads the Rules of Central Motor Vehicles Act and the Transport System was created.
Recent Developments in Motor Vehicles Act
The latest development in the age-old Motor Vehicles Act was sought out by The Motor Vehicles (Amendment) Bill, 2019.
It was introduced by the Ministry of Road Transport and Highways on July 15th, 2019, headed by Mr Nitin Gadkari. This bill especially aims to look into the Motor Vehicles specification, repeat offenders, and welfare motives.
The Bill sought to give compensation to people who got killed and grievously wounded in road accidents and their families. It also seeks to help the victims of road accidents during the “Golden Hour” interval, that is an hour after the accident happened and it is the most critical “make or break period” for the victim.
There are provisions made for the government to hand out Life Insurances to every person who drives on road. The price has to be kept almost negligible such that everyone can afford it.
It sought to give compensation to:
- People who got injured in a road accident and are valid for the “Golden Hour Scheme”
- Compensation to people who got killed in hit and run cases
- Compensation to people who got grievously injured in hit and run cases.
- Any other source as accentuated by the Government of India
This Scheme has provisions for the protection of people who try to help out the victims and hurt them unknowingly because of negligence.
This Bill also aims at creating a National Transportation Policy which shall be accentuated by the Central Government of India in consultation with the State Governments. It will aim at the development of Infrastructure, permits, and will specify priorities for the Transport System.
It can also recall the vehicles that do not meet the set standards. The compensation will be paid to the driver for the vehicle
It aims at punishing repeat offenders and people driving under the influence of alcohol and drugs. For such measures, it has increased the fine rampantly from Rs. 2,000 to Rs. 10,000.
It aims at creating Road Safety Board which will set standards for road safety. It also includes policies for Taxi Aggregators.
Recent Cases
Under the recent case of Sunil Kr Mishra Vs State[i]on 12th March 2020, the petitioner filed a complaint against the previous judgement bestowing to him the punishments under Section 279 (rash driving), a compensation of Rs. 1,000 and Section 304(A) (Causing death by Negligence), 18 Months of rigorous imprisonment. This decision was changed a little owing to the fact it would be a Civil Death for a person who earns living by driving. The court took away his rights for driving heavy and medium goods transportation license and if he wants to apply for any other type of license he will have to give a test again.
Conditions for Disqualifications of Driving License
Section 19 endows upon the power of licensing authority upon satisfaction to revoke the Driving License. The aforesaid conditions for the implementation of this Section can be one or more of the follows:
- The person is a habitual criminal or habitual drunkard.
- He is an addict under Narcotic Drugs and Psychotropic Substances Act, 1985.
- Has used their vehicle for the commission of a cognizable offence.
- Has been a public nuisance with his vehicle previously.
- Has obtained a Driving License by fraud or negligence.
- Has committed an act that is likely to be a nuisance to the public.
- Has failed to submit or has not passed the tests as under the proviso to Subsection (3) of Section 22 of Motor Vehicles Act.
- A juvenile, a holder of learner’s license who hadn’t taken care of the guarantor.
Section 20 endorses the Power of Court to disqualify any person who has violated Sections 132, 134, 185, 189, 192 of Narcotic Drugs and Psychotropic Substances Act, 1985.
Section 22 endorses the Punishment in the context of psychotropic substances. Any person who manufactures, possesses, transports, buys, sells, imports the psychotropic substances shall be punished with an imprisonment term of Six Months to 10 years or/and a fine up to Rs. Two Lakh.
Conclusion
It is as easy to lose a Driving License as hard it is to obtain it. And this ensures that fear is created in the minds of people to abide by the Traffic which although maybe a little harsh on the Public but it ensures the safety of one and all.
If these Rules were not imposed then it would have been very easy for the drivers to be hasty and negligent without any fear of any Consequence whatsoever. These rules have not only saved a lot of lives but a lot of families associated with it as well which under the dearth of these rules are very grim to even give a thought to.
References
[i]Sunil Kr Mishra Vs StateCRL.REV.P. 494/2017