View source for Driving licences: India

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=Qualifications=
[https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F06%2F13&entity=Ar00516&sk=681D234F&mode=text  Dipak Dash, No minimum qualification to drive bus, truck, June 13, 2019: ''The Times of India'']

New Delhi:

The transport ministry has decided to do away with the minimum educational qualification (Class VIII) required to get a licence to drive heavy vehicles (buses and trucks). Sources said the law ministry earlier rejected a similar proposal, prompting the transport department to bring the change in law.

Drivers involved in 3.35 road lakh accidents out of 4.8 lakh in India in 2016 had educational qualification of Class VIII and above. “There is no data to establish that accidents are linked to uneducated drivers,” said a transport department official.

''' ‘Edu qualification a barrier for drivers’ ''' 

Transport officials said the provision to end the minimum Class-VIII qualification to drive heavy vehicles had already been proposed in the Motor Vehicle Amendment Bill.

Officials said Haryana CM M L Khattar during his meeting with Union transport minister Nitin Gadkari on Wednesday raised the issue of how the condition of minimum educational qualification had proved to be a barrier for many trained drivers from backward regions. “Just holding a certificate does not mean that the person is literate. All licences are issued after a person passes the objective test, which includes questions on the road signs, signages and the applicant is made to read. So, there was a plan to introduce a provision that every applicant must be able to read and write. That would suffice rather than replying on school certificates that people can easily get,” said a transport official.

Recently, Rajasthan HC had ordered the state government to withdraw licence of all illiterate drivers as they were “virtually a menace for the pedestrians”. Road safety activists have been demanding restoration of minimum qualification clause in the Motor Vehicle (Amendment) Bill saying doing away with the provision is detrimental to safety of road users.


=Right to driving licence=
==Not for the illiterate: HC==
[https://epaper.timesgroup.com/olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2019%2F05%2F29&entity=Ar01718&sk=07BF03DF&mode=text  Ashish Mehta & Dipak Dash, May 29, 2019: ''The Times of India'']

Observing that an illiterate person is “virtually a menace for pedestrians” on the road, a single bench of the Rajasthan high court has directed the state government to withdraw driving licences given to persons who can’t read signboards, warning signs and other signals.

The court has directed the transport authorities to issue appropriate instructions, lay down guidelines and take action in cases where licenses were issued to persons unable to read and write. TOI has a copy of the court order.
While dismissing the writ petition of one Deepak Singh, who requested the court to direct the transport department to issue him a driving licence for a heavy motor vehicle (HMV) though he was illiterate, Justice Sanjeev Prakash Sharma said, “In the opinion of the court, Motor Vehicle Rules are required to be framed not only for the benefit of persons who seek licences but must also take into consideration the public who are using the roads.”

“A licence cannot be allowed to be issued to an illiterate person to drive any kind of vehicle as he is virtually a menace for pedestrians. He would not be in a position to understand road signs and notices of caution written on the boards for human safety on the highways as well as on the roads in the cities.” The court then ordered the withdrawing of the petitioner’s light motor vehicle (LMV) licence as well.
Central government officials said though the Central Motor Vehicle Rules (CMVR) have no provision of a minimum qualification to obtain a driving licence for a noncommercial LMV, every applicant has to pass the test, which comprises reading road and traffic signs and some objective questions. It is only for a driving licence for a commercial vehicle that an applicant must have a Class-VIII pass certificate.

=Suspension of licence=
==Follow proper steps before suspending licence: HC==
[http://epaperbeta.timesofindia.com/Article.aspx?eid=31808&articlexml=Follow-proper-steps-before-suspending-licence-HC-13052016004007 ''The Times of India''], May 13 2016

Abhinav Garg

In their zeal to book violators, the traffic police and the transport department can't bypass the due process of law, the Delhi high court said.

A valid showcause notice, opportunity of fair hearing and a reasoned order suspending the driving licence are norms that must be followed in every case, Justice J R Midha directed in a judgment.

“This court hopes Delhi Police and transport department of Delhi government shall follow the due process of law in implementing directions of the Supreme Court committee on road safety ,“ Justice Midha said while hearing the plea of a man whose licence was suspended by the department without giving any particulars or being given a chance to explain his stand.

The police and the department cited the November 17, 2015 directions passed by a Supreme Court appointed committee on road safety to justify their drive against those who break traffic rules. In its order, the committee had directed that in case of traffic violations, the police should take into possession the driving licence of the violator and forward it to the transport department who would suspend it for a minimum of three months.

Appearing for the petitioner Ashish Gosain, advocates Abhijat and Punit Mittal argued that the police first took a fine to compound the offence. Later, the transport department issued a vague showcause notice seeking an explanation why Gosain's license shouldn't be suspended, without giving particulars of the offence, date of challan or any other detail.When he sought details, the department promptly suspended his licence, the lawyers pointed out.

While agreeing with the police and transport authorities that India has a dubious distinction of having the highest number of road accidents, the court backed the call for stringent measures by the SC panel.“This court agrees with the SC committee that unless strong and urgent measures are taken to deal with speeding, drunk driving, red light jumping, use of mobile phones while driving and overloading, number of accidents and fatalities will remain high.“

However, Justice Midha was quick to add that due process must be followed even in such cases. It sent the case back to the transport department to grant Gosain a hearing and a chance to defend suspension of his licence.



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