This part is the continuation of the previous article named ‘Rules, regulation and all about driving license’.
Section.8 of the motor vehicles act states that any person who is not disqualified from holding a driving license on account of the age requirement of Section.4 can apply to the licensing authority which has the jurisdiction over the said area in which the applicant resides or has a principal place of business. The section further gives specifics that the application must be in the prescribed format as approved by the central government which should be accompanied by the prescribed documents and fee. The central government has laid down the requirement and the procedure for an application for a learner’s license in the legislation, Central motor Vehicles Rules 1989.
As per the rule number 10 of the Central Motor Vehicles rules, an application for the grant of learner’s permit should be made in Form 2 which is made available with the licensing authority. It must also be accompanied by the following documents:
- 3 copies of the applicants recent photograph(passport size)
- Appropriate fee. This amounts to Rs 30 as a prescribed under rule 32 of the CMV rules, 1989. However additional fee may be charged by the licensing authority for any other services and facilities it may be providing.
- Any other documents that the licensing authority may require.
Further this section dictates that the license can be granted to any applicant subject to his clearance of test to the satisfaction of the licensing authority. The nature and scope of the test has been explicitly laid down under the rule 11 of the CMV rules, 1989. The rules prescribe that the applicant should appear before the licensing authority on the place, date and time appointed by the authority for a test and satisfy the licensing authority that the applicant possesses adequate understanding and knowledge of the following matters:
- Traffic signals, traffic signs and rules of the road.
- Precautions to be taken while crossing an unmanned railway crossing.
- Duties of a driver when his vehicle is involved in an accident resulting in death or bodily injury to a person or damage to property of a third party.
- Documents one should carry while one is driving a motor vehicle.
The rule 11 further prescribes that the test be in form of objective multiple choice questions. The explanation to the rule clearly states that the licensing authority’s subjective satisfaction shall be deemed to be met if the applicant can answer at least 60 percent of the questions correctly. As per section.8 (6) of the Motor Vehicle Act, when the application has been made in the prescribed form along with the prescribed fees and documents and the applicant has successfully passed the test, the licensing authority shall grant the learner’s license to the applicant.
With regards to minors (under the age of 18) for a learner’s license for motorcycles without gear, the consent of their parents or legal guardian is compulsory. Such consent may be granted by providing a signature on the application form. This provision for the consent of the parent has been laid down under rule 12 of the CMV rules, 1989.