Section 9 Motor Vehicles Act: Grant of driving licence

Section 9 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Any person who is not for the time being disqualified for holding or obtaining a driving licence may apply to [any licensing authority in the State].

(i) in which he ordinarily resides or carries on business, or (ii) in which the school or establishment referred to in section 12 from where he is receiving or has received instruction in driving a motor vehicle is situated, for the issue to him of a driving licence .

(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such fee and such documents as may be prescribed by the Central Government. [(3) If the applicant passes such test as may be prescribed by the Central Government, he shall be issued the driving licence : Provided that no such test shall be necessary where the applicant produces proof to show that

(a) ( i ) the applicant has previously held a driving licence to drive such class of vehicle and that the period between the date of expiry of that licence and the date of the application does not exceed five years, or

(ii) the applicant holds or has previously held a driving licence to drive such class of vehicle issued under section 18, or

(iii) the applicant holds a driving licence to drive such class of vehicle issued by a competent authority of any country outside India, subject to the condition that the applicant complies with the provisions of sub-section (3) of section 8,

(b) the applicant is not suffering from any disability which is likely to cause driving by him to be a source of danger to the public; and the licensing authority may, for that purpose, require the applicant to produce a medical certificate in the same form and in the same manner as is referred to in sub-section (3) of section 8: [Provided further that a driving licence for driving an adapted vehicle may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such motor vehicle.]]

(4) Where the application is for a licence to drive a transport vehicle, no such authorisation shall be granted to any applicant unless he possesses [***] a driving certificate issued by a school or establishment referred to in section 12. [(5) Where the applicant does not pass the test, he may be permitted to re-appear for the test after a period of seven days: Provided that where the applicant does not pass the test even after three appearances, he shall not be qualified to re-appear for such test before the expiry of a period of sixty days from the date of last such test [and such applicant shall be required to complete a remedial driver training course from any school or establishment under section 12].]

(6) The test of competence to drive shall be carried out in a vehicle of the type to which the application refers: Provided that a person who passed a test in driving a motor cycle with gear shall be deemed also to have passed a test in driving a motor cycle without gear.

(7) When any application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his competence to drive, the licensing authority shall issue the applicant a driving licence unless the applicant is for the time being disqualified for holding or obtaining a driving licence : Provided that a licensing authority may issue a driving licence to drive a motor cycle or a light motor vehicle notwithstanding that it is not the appropriate licensing authority, if the licensing authority is satisfied that there is good and sufficient reason for the applicants inability to apply to the appropriate licensing authority: Provided further that the licensing authority shall not issue a new driving licence to the applicant, if he had previously held a driving licence, unless it is satisfied that there is good and sufficient reason for his inability to obtain a duplicate copy of his former licence .

(8) If the licensing authority is satisfied, after giving the applicant an opportunity of being heard, that he

(a) is a habitual criminal or a habitual drunkard; or

(b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or

(c) is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may, for reasons to be recorded in writing, make an order refusing to issue a driving licence to such person and any person aggrieved by an order made by a licensing authority under this sub-section may, within thirty days of the receipt of the order, appeal to the prescribed authority.

(9) Any driving licence for driving a motor cycle in force immediately before the commencement of this Act shall, after such commencement, be deemed to be effective for driving a motor cycle with or without gear. [(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such manner and subject to such conditions, as may be prescribed.]

Legal Commentary & Landmark Judgments: Section 9

Section 9 of the Motor Vehicles Act, 1988 establishes the statutory conditions, practical driving competency evaluations, automated testing protocols, biometric linkages, and licensing standards governing the formal grant of a permanent driving licence.

Practical Competence and Automated Driving Tests: Section 9(3) mandates that the applicant must satisfy the licensing authority of driving proficiency through an objective driving test conducted on a designated track or automated testing station, demonstrating vehicle control, lane discipline, incline halting, and emergency maneuvers.
Institutional Exemption via Accredited Driver Centres: Following the 2019 amendment, the proviso to Section 9(3) exempts candidates from the practical RTO driving test if they have successfully completed training and passed the exit evaluation at an accredited driver training centre recognized under Section 12.
Statutory Grounds of Refusal and Reasoned Orders: Under Section 9(5), the authority is empowered to refuse grant if the applicant has prior unexpired disqualifications, medical incapacities, or fails the driving test thrice; all refusal orders must be communicated in writing with specific recorded reasons.

Key Landmark Precedents:

Pappu v. Vinod Kumar Lamba (2018) 3 SCC 208: The Supreme Court reiterated that producing a valid driving licence issued under Section 9 is the primary burden of the vehicle owner/driver; once the insurer proves the licence was fake or non-existent, the owner must establish due diligence to avert final liability.
National Insurance Co. Ltd. v. Vidhyadhar Mahariwala (2008) 12 SCC 701: Held that the driver must possess an effective driving licence on the date of the accident; where a licence expired and was not renewed within the statutory grace period under Section 9/15, the insurer was entitled to recover the awarded sum from the insured.
Rishi Pal Singh v. New India Assurance Co. Ltd. (2022) 8 SCC 438: Affirmed that an owner is only required to verify the facial validity and competence of the driver at the time of employment; the owner is not expected to conduct an administrative inquiry at the RTO to verify the genuineness of a Section 9 licence.

Courtroom Practice & Strategic Litigation Guidance:

In MACT proceedings where the insurer alleges the licence was fake or never issued, do not rely on unverified private investigator reports. Summon the licensing clerk under Order XVI CPC along with the official Sarathi register. In the absence of an official RTO witness or certified register extract under Section 76 of the Evidence Act, an unproved allegation of an invalid Section 9 licence cannot exonerate the insurer.

Section 9: Grant of driving licence

Section 9 of Motor Vehicles Act: Motor Vehicle Regulation & Claims Procedure

Legal Commentary & Landmark Judgments: Section 9