Section 25 of MVA : Section 25: Transfer Of Endorsement And Issue Of Driving Licence Free From Endorsement

Explanation using Example

Imagine a scenario where Mr. Sharma, a driver, was caught driving under the influence of alcohol. Consequently, his driving licence was endorsed with this offence by the court. A few months later, Mr. Sharma's licence got damaged, and he applied for a duplicate. According to Section 25(1) of The Motor Vehicles Act, 1988, the endorsement from his original licence was transferred to the duplicate licence he received.

Two years later, Mr. Sharma was caught overspeeding, and the court decided to endorse his licence again. However, Mr. Sharma did not have his driving licence with him at the time. As per Section 25(2)(a), he was required to produce his licence to the court within five days for the endorsement. Mr. Sharma complied and presented his licence within the specified time.

After these incidents, Mr. Sharma maintained a clean record for over three years. He then decided to apply for a new licence without any endorsements. Under Section 25(3), he was entitled to a new, clean driving licence upon surrendering his old one and paying a fee of five rupees, since he had no further endorsements for three consecutive years.

However, if Mr. Sharma's only offence had been overspeeding (a violation of speed limits), he would have been eligible for a clean licence after just one year, as per the first proviso in Section 25(3). But this was not the case, as he also had an endorsement for driving under the influence.