[Motor Vehicles Act] Must Undergo Mandatory Driving Test If Application To Renew License Is Made More Than One Year After Expiry: Kerala High Court

“Admittedly, the petitioner has made the application for renewal of Driving Licence only after one year of the expiry of the previous Driving Licence. The petitioner has to therefore undergo test of competency to drive, for the purpose of renewal of Driving Licence. In the facts of the case, I do not find any reason to quash the Circular.” Stated Justice N.Nagaresh

Section 9 of the Act pertains to the grant of a driving licence and Section 15 deals with the renewal of a driving licence. As per Circular No.9/2019 dated October 15, 2019, any person who wants to renew their driving licence after one year of expiry but before five years will have to undergo a driving test and competency road test.

The Petitioner was granted a driving licence in November 2000 which was valid up to October 2020. He went to UAE for employment and could not return to Kerala to renew his driving licence before its expiry due to the COVID-19 Pandemic. He returned in June 2022 and applied for renewal of his driving licence.

The RTO renewed his licence and extended its validity up to 2032. But, when the petitioner submitted his renewed licence to replace it with a Smart Card Driving Licence, the joint RTO issued show cause notices to him

The show cause notices were issued since the petitioner did not undergo a competency road test while renewing his licence as per the new Circular.

The Counsel for the petitioner submitted that the circular was illegal and contrary to the provisions of the Motor Vehicles Act. He argued that the circular was contrary to Section 9 (3) (a)(i) of the Motor Vehicles Act since it does not prescribe any test for renewal if he submits an application for renewal within five years from the expiry of his driving licence and shows proof of previous driving licence. He argued that Section 9 (3) (a)(i) was contrary to the proviso in Section 15 (4) of the Motor Vehicles Act. As per Section 15 (4) proviso, a person who wants to renew a driving licence after the expiry of one year has to undergo a test of competence to drive.

The Court stated that the Motor Vehicles Act underwent comprehensive amendments with effect from November 2019. It stated that Section 15 (3) was amended to include the test of competency to drive for renewal of a driving licence if it was submitted after one year of expiry of the licence.

“Indeed there is certain incongruity between Clause (a)(i) to the proviso to Section 9(3) and the 2nd proviso to Section 15(4). But, as far as renewal of Driving Licences is concerned, we have to hold that if application for renewal of Driving Licence is made after one year of the period of previous licence, one has to undergo the test of competence to drive”, stated the Court.

The Court further stated two reasons for the petitioner to undergo the test of competence to drive. The first reason was that he applied for renewal of his driving license under Section 15 of the Act, so he should satisfy the requirement under proviso to Section 15 (4) which mandates a test of competence to drive after the expiry of one year of previous driving licence. The second reason was that as per the 2019 amendment, the legislature intended to include a test of competence to drive for renewal of the driving licence.

Accordingly, the writ petition was dismissed and the RTO was permitted to proceed with the show cause notices issued against the petitioner.

Counsel for Petitioner: Aswin Gopakumar, Anwin Gopakumar, Aditya Venugopalan, Nikitha Susan Paulson, Shallet K. Sam, Saranya Babu,Mahesh Chandran

Counsel for Respondents: Government Pleader Sreejith V S

Citation: 2024 LiveLaw (Ker) 168

Case title: Sebastian Jacob v The Transport Commissioner

Case number: WP(C) NO. 38402 OF 2023

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