A CRITICAL STUDY OF PROVISIONS RELATING TO DRIVING LICENSE UNDER M.

V ACT TOGETHER WITH SUGGESTION AND COMMENTS TO REDUCE MOTOR ACCIDENTS

Submitted to: Dr. Sri Y.V. Ramakrishna (Visiting Faculty) Submitted By: Sohini Chattopadhyay Roll No. FS11-016

MOTOR VEHICLE OR VEHICLE

Clause (28) of section 2 of the Motor Vehicles

Act, 1988, defines motor vehicle or vehicle as follows : motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with

LICENCE

 License is a permission given by one person to

another to do in or upon the immovable property of the grant or something which would, but for such permission, be unlawful; provided the right does not amount to an easement. The terms license means and is synonymous with permit, permission, or authority. The word, in its general and popular sense, means a right or permission granted in accordance with law by some competent authority to do some act, to do a certain thing, to engage in some transaction which but for such license would be unlawful. A document embodying such permission or evidencing such authority is often times called license.

 The definition of the license as contained in

Section 2 (10) of MV Act 1988 does not stipulate any period of validity. Once a license is issued to one, it shall be regarded that it has been duly issue. The period of effectiveness of a license is mentioned in Section 14. That means the license in spite of the expiry of its validity period, shall continue to exist, unless it has been shown that the licensee had been disqualified to hold one.

DRIVING LICENCE
Driving license means the license issued by a

competent authority under Chapter II of MV Act 1988 authorizing the person specified therein to drive, otherwise than as a learner, a motor vehicle or a motor vehicle of any specified class or description A driver's license/license or driving license is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway.

 The first license to drive a motor vehicle was

issued to the inventor of the modern automobile, Karl Benz, in 1888. Because the noise and smell of his Motorwagen resulted in complaints by the citizens of Mannheim, Benz requested and received written permission by the Grand Ducal authorities to operate his car on public roads. The first locality to require a mandatory license and testing was Prussia, on September 29, 1903

PROVISIONS RELATING TO DRIVING LICENSE UNDER MV ACT 1988

Necessity for driving license

National Insurance Co. Ltd. Vs. Swaran Singh &

Others [ AIR 2004 SC1531]: the Honble Supreme Court reported in the case of National Insurance Company Ltd. v. Swaran Singh and others and found that even if the driver of the vehicle does not have a valid driving license so far as the third parties are concerned, the insurance company is liable to pay the same issued to him authorizing him to drive the vehicle ; and no person shall so drive a transport vehicle , other than a motor cab or motor cycle

 Age limit in connection with driving of motor

vehicles Restrictions on the holding of driving licenses Restrictions on the granting of learners licences for certain vehicles Grant of learners licence Grant of driving license

LIABILITY OF INSURER
Defective driving license: So far as defective driving license is concerned, the

Insurance Company is liable to pay compensation amount to the third party and if there is breach of any terms of the contract i.e., Insurance Policy, it is open for it to realize the said amount from the owner. Duplicate License: Duplicate Licence is issued in case of loss, theft, or on mutilation. To get a duplicate licence one will require: Application in Form LLD. FIR/NCR of the lost licence Challan clearance report from Traffic Police (in case of Commercial licence renewal). A Fee of Rs.200.Form No 1.Self Declaration of Physical Fitness.

 Attested Copy valid address Proof. For duplicate licence one has to approach the

issuing authority and the particulars will be verified from their records. The validity of duplicate licence will be the same of the previous licence. The original issuing authority will issue the duplicate licence.
If the licence is lost and expired by more than 6 months the case requires permission from Head Quarter of Transport Department

 Permanent driving license: Use of words permanent driving license in the

policy was to emphasize that a temporary or a learners license holder would not be covered by the insurance policy. Intention and meaning of policy clears that the person driving the vehicle at the time of accident must be one who holds a driving license within the meaning of Section 2 (5-A) of the Act. Fake Or invalid driving license: The Insurance Company is not only to prove the fact that driving license was fake but has to prove the fact that owner had knowledge of fact that license of driver was fake. In absence of mens rea or knowledge or intention to violate terms of policy, insurer would not be absolved of its

OBLIGATION OF DRIVER
Section 3 of the Act casts an obligation on a driver to

hold an effective driving license for the type of vehicle which he intends to drive. Section 10 of the Act enables Central Government to prescribed forms of driving licenses for various categories of vehicle mentioned in sub-section (2) of said section. The various type of vehicles described for which a driver may obtain a license for one or more of them are: a) Motor Cycle without gear. b) Motor Cycle with gear. c) Invalid carriage. d) Light motor vehicle. e) Transport vehicle. f) Road roller. g) Motor Vehicle of other specified description.

METHODS OF REDUCING MOTOR CAR ACCIDENTS

CAUSES OF CAR ACCIDENTS

Car accident, otherwise known as car crash, auto

accidents, road accidents, or car wrecks, is a condition in which one vehicle collides with another vehicle or some object in the road, thereby resulting either in injury of a person or the damage of a property. Sometimes, road as well as bad weather or environmental conditions also lead to car accidents. It is estimated that about two million people die of car accidents across the world per year.

 Although, in recent years, several innovative

campaigns have been arranged to avoid car accidents, still car crashes occur frequently. Mostly, car accidents occur due to rash and careless driving. Road accidents also happen sometimes due to disorderliness and lack of patience. Further, car accidents are common during bad weather and winter season. According of records, one of the prime causes for car crashes is because of drunk driving, which in turn is a condition in which a driver operate a car or vehicle while being under the influence of drugs or alcohol that may lead to mental as well as motor skills imparity. Many of the fatal accidents are because of drunk driving. But, drunk driving is completely preventable.

STEPS TO AVOID CAR ACCIDENTS

First step in order to avoid car accidents is to follow

traffic rules and regulations. Another important thing that should be considered is to put on seat belt while driving. Wearing seat belt would be annoying for many people. But, this is highly vital, as wearing seat belt would reduce the chances of road accidents. Not only drivers, passengers including adults and kids are also recommended to put on seat belt. In some nations, it has been even made mandatory to wear seat belt. Further, one of the best ways to avoid car accidents is to be a defensive driver. You may be a cautious driver, but it is not necessary that you would be able to overcome a reckless driving. But, being a defensive driver, you could foresee probable road crashes. Also, a great way to avoid road accidents is via being courteous. Being courteous makes you more cautious

 in order to avoid road crashes as a result of drunk

driving is to refrain from taking any kind of harmful drugs or alcohol. You can also minimize car accidents via maintaining a constant speed as well as through leaving a safe distance between your vehicle and other vehicles. Also, a useful tip to avoid road accidents is by adjusting mirrors properly and via checking the side as well as rear mirrors at least in every 15 seconds. Intersections are considered a prime cause for many road accidents. Hence, special care must be taken when proceeding through intersections by looking left, then right, and then again left side in order to ensure that the area is absolutely clear. Apart from these, have a clear idea on the road conditions. This would be highly beneficial when you drive during rainy or winter season. Also, keep

 Other useful tips that help you avoid road accidents

are: - Avoid cell phone while driving - Check your car in regular intervals, i.e. constantly monitor its tires, brakes, lights, and mirrors - Have a clear idea regarding the limitations of your car - Keep your vehicle in good working condition - Always keep your vehicle neat and tidy - As far as possible, avoid driving during night - In addition to avoiding alcohol and other dangerous drinks, it would be better to avoid taking some food items while driving such as coffee, hot soups, barbequed dishes, soft drinks, and chocolates Above all, driving a quality car could help minimize road accidents to an extent!.

 Every 12 minutes someone dies in a motor

vehicle crash, every 10 seconds an injury occurs and every 5 seconds a crash occurs. Many of these incidents occur during the workday or during the commute to and from work. Employers bear the cost for injuries that occur both on and off the job. Whether you manage a fleet of vehicles, oversee a mobile sales force or simply employ commuters, by implementing a driver safety program in the workplace you can greatly reduce the risks faced by your employees and their families while protecting your companys bottom line.

 To avoid motor vehicle crashes one must follow

certain steps. They are: To save lives and to reduce the risk of life-altering injuries within your workforce. To protect your organizations human and financial resources. To guard against potential company and personal liabilities associated with crashes involving employees driving on company business. The program should work to keep the driver and those with whom he/she shares the road safe. And, if necessary, the program must work to change driver attitudes, improve behavior, and increase skills to build a be safe culture.

Suggestions
It is sad to see that on the theoretical point of

view the law is very strict and certain in relation to proper administration of driving license. But its practical implementation is not strict as such various road accidents occurring now and then are an important factor in relation to faulty driving license. Moreover the Police are not that much strict while checking the validity at the same time the requirement of valid driving license when the driver is driving any particular vehicles. Law enforcement in relation to requirement of valid driving license is very much lenient specially in smaller towns and villages across India.

 Besides the M.V. Act stresses on running of

proper driving schools with effective legal documents but in reality most of them do not obey or are not abide by the rules of the M.V Act. Moreover the flourishing business of brokers in this field is also a major problem in issuance of proper driving license. Brokers by payment of bribe to various officials enable their clients with driving license even without going through any trails or tests. Besides it has also been seen that many people hold invalid driving license.

 Thus it has to be seen that the law which has

been provided in the statute books should also be properly enforced by the police and other officials so that the law doing does not lose it importance and only be a formality for the sake of law in the books only to be read by the common people.