Section 9, of the Motor Vehicle Act, 1988 and rules 14 to 17 of the Central Motor Vehicle rules, 1989 deal with the grant of a driving license.
Under S.9 of the act, as is the case with learners license, person who shall make an application to the licensing authority which has jurisdiction over the area where either his house is situation or which is his principal place of business. The application needs to be in the form prescribed the Central Government and shall be accompanied by the documents and fee prescribed by the same.
Rule 14 of C.M.V. rules, 1989 prescribed for the form and other requisite of an application for a driving license. The application is to be made in form 4 which is available with the licensing authority. The application in form 4 shall be accompanied by:
- A valid learners license to drive the vehicle of the type to which the application relates
- Appropriate fee as is specified under rule 32. (Rs. 40 plus any additional charges prescribed by the licensing authority).
- Three copies of applicants recent passport sizes photograph
- Driving certificate from the driving school or establishment from where the applicant has obtained instruction.
- Medical certificate (in certain exceptional circumstances)
- Any other relevant document that the licensing authority may require and ask for.
As is the case with a learner license, even in case of driving license, as prescribed by S.8 the applicant has to pass the test prescribed by the Central Government. The nature and scope of this test has been laid down under. Test Of Competence : To Drive, R. 15 of the Central Motor Vehicle Rules, 1989 stipulates that any applicant for a Driving License must pass a ‘Test of Competence to Drive’ to be conducted by the Licensing Authority or a person authorized in this behalf. The applicant can appear for the test only after having held a Learner’s License for at least 30 days. The test has to be passed in a vehicle of the type to which the application for the driving license relates. In order to pass the test the applicant must convince the authority conducting the exercise that he is capable of: –
- Fiddle with the rear-view mirror;
- Taking adequate preventative measures before turning on the engine;
- Move away smoothly and safely straight while maintaining an angle, and in the same vein reaching the top gear with relative ease;
- To change to lower gears in a swift motion from the ultimate gear when the traffic situation calls for such a change;
- Swiftly change to lower gears while treading downhill;
- Stop and re-start the automobile on an inclined road with the optimum use of the hand brake or the foot-brake or the throttle without sliding back.
- Turn left and right corners in a correct fashion and make the optimum use of rear-view mirror prior to signaling;
- Overtake or allow being overtaken, cover or meet the path of vehicles on the road safely and take timely measures with proper signaling;
- Indicate proper traffic signal at the proper time in unmistakable and clear manner by electrical indicator or hand;
- Changes the path with due care and proper signals;
- Bring to a halt the vehicle in an emergency situation or otherwise, for the latter bringing the vehicle to a rest at proper course on the street safely and give appropriate signals;
- In events where the car has a reverse gear, driving the car in the backward direction in to a narrow opening to the left or right with reasonable accuracy and control;
- Make the car face in the reverse direction by virtue of reverse and forward gears;
- Take prompt and correct action by relating to traffic signals, policemen, traffic controller, traffic lights and take proper actions on the signals given by the rest of the vehicles on the road
- Act in an appropriate manner at pedestrians who are crossing, which may not be regulated by the traffic lights or traffic police;
- Always keep left while driving normally;
- Change the speed according to traffic and road conditions;
- Demonstrate the general control over the car by smooth gear shifting and confident steering and braking appropriately;
- Make appropriate use of the rear-view mirror prior to signaling, altering course, moving away, maneuvering, beginning, stopping, turning and overtaking;
- Use the appropriate side while turning left or right at any junction of driving straight on the road;
- Make appropriate use of horn, steering, brakes, gears, clutch and accelerator;
- Able to anticipate the future actions of drivers and pedestrians of cyclist and other vehicles;
- Demonstrate a good presence of mind and being not distracted and be able to concentrate while driving;
- Show consideration and courtesy for the convenience and safety of others on the roads, such as pedestrians, drivers of other motor vehicle or cyclists.
Under S.8 (7) of the M.V. act, when the application is duly made and the applicant has satisfied the authority of his competence to drive, the licensing authority shall issue the applicant a driving license (unless the applicant is disqualified from holding a license). As per rule 16 of the C.M.V. rules, every driving license shall be in form 6. However, if the authorities have the necessary apparatus for the issue of a laminated card type driving license, such card type driving license shall be in form 7.