While you are behind the wheels there are certain rules and regulations that have to be followed. Certain principals have to be observed, many disciplinary norms have to be adhered to. But it’s not like each to its own, on the contrary it has been rigid panned and documented by the chapter II of the Motor Vehicles Act, 1988. This legislation deals with the general and usual provisions with regards to grant, application and disqualification of license. In this article we will focus on the driving license granted for the perusal of light motor vehicle. The said law also deals with the licensing of HMVs and vehicles used for transport which is a slight different from the LCV’s .
Section.3 (1) of this act provides for the statutory requirement of a license to drive a motor vehicle. The provisions for private vehicles and transport vehicles are different from each other. Hence, it must be noted that even if a person is armed with a driving license for a LMV, he/she may not be allowed to drive a tourist car or a taxi or any other car for that matter with a transport registration. Hence, a person driving a transport vehicle is not holding a authorized license for the same, he/she may be deemed as driving without a license even if the said person holds a driving license for a LMV. However when a person is driving an automobile without holding a license, it is presumed on the part of the law that, such a person do not know or have a capability to drive on a public road. The said section is valid only in those instances when the driver is found driving a vehicle without a valid license in public space domain.
Section.4 of the act provides that any individual who has completed 16 years of age may be eligible to drive a motorcycle without gears but only after obtaining valid license. In order to be able to drive a motor car which is not a transport vehicle, an individual must have completed the age of 18 years. This in turn applies to motor cycles with gear as well. The law does not allow the issue of a license to any individual who does not fulfill the age criteria that is been prescribed in the law. In simple terms, an individual of under 16 years is not qualified to obtain a license for driving a motor cycle without gear and under 18 from obtaining or operating a LMV or a motor cycle with gear. The provision laid down by this section is mandatory in nature and any individual below the age of 18 driving a motor vehicle is deemed to have committed an offense. Regardless of the fact, whether the license is negligently granted or wrongfully obtained. If under the age of 18 the holder of such license is deemed to be committing an offense.
Section.5 this section of the law prohibits the person in possession or owner of a vehicle to give permit to any person who disqualifies the age requirement to be eligible to drive a vehicle. This provision is made more stringent by the judiciary in the country by ruling that it is not a prerogative of the prosecuting authority to prove that the owner knew if the driver has a valid driving license or not.
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is motor cycle without gear license applicable for activa or not…?