Section 9 of MVA : Section 9: Grant Of Driving Licence

Explanation using Example

Imagine Sarah, who lives in Mumbai and wants to get her first driving licence. She has been learning to drive at a local driving school and feels ready to apply for her licence. According to Section 9 of The Motor Vehicles Act, 1988, she can apply for a driving licence in her state of residence, which is Maharashtra.

She fills out the prescribed application form, pays the required fee, and submits the necessary documents, such as age and address proof, as mentioned in subsection (2).

Since Sarah is applying for a new licence, she must pass the driving test as mandated by the Central Government. She schedules her test and successfully passes it. As she doesn't fall under the exceptions provided in subsection (3), such as holding an expired licence or a foreign licence, taking the test is mandatory.

As Sarah is applying for a non-transport vehicle licence, she doesn't need a special driving certificate from a motor driving school, which is a requirement mentioned in subsection (4) for transport vehicle licences.

If Sarah had failed the driving test, she would have been able to reappear for the test after seven days, as stated in subsection (5). However, if she failed three times consecutively, she would need to wait sixty days and undergo additional training before reattempting.

Fortunately, Sarah passes the test on her first attempt, which was conducted in the type of vehicle she intends to drive, aligning with subsection (6). The licensing authority, upon being satisfied with her competence, issues her a driving licence, as per subsection (7).

It's important to note that if Sarah had any history of being a habitual criminal, drunkard, or drug addict, or had her previous licence revoked, the licensing authority could have refused to issue her a licence, as per subsection (8).

Finally, if Sarah had an old licence for a motor cycle without gear before the commencement of the Act, it would still be valid for both with and without gear motorcycles, as per subsection (9).

In a different scenario, if Sarah wanted a licence for an e-cart or e-rickshaw, the process and conditions would be as prescribed separately, as mentioned in subsection (10).