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[Section Index]

The Motor Vehicles Ordinance, 1983

( Ordinance NO. LV OF 1983 )

Chapter X

OFFENCES, PENALTIES AND PROCEDURE

Deprivation of driving licence
164. (1) Notwithstanding anything to the contrary contained in this Ordinance or any other law for the time being in force, any police officer of or above the rank of Superintendent of Police or Deputy Commissioner 1[or an officer of the Authority not below the rank of Assistant Director having jurisdiction over the area] specially empowered in this behalf by the 2[Authority], or any other person empowered in this behalf by the 3[Authority], may deprive any person from holding the driving licence for a period which may extend to three months, who, in his presence or view, commits any or the misdemeanours in traffic as mentioned hereunder-
 
 
 
 
(a) driving against red light; or-
 
 
 
 
(b) overtaking just before or on the pedestrian crossing or where overtaking is prohibited; or
 
 
 
 
(c) driving on to a main road without stopping and exceeding the speed limit indicated on the road; or
 
 
 
 
(d) not giving way to other vehicle intentionally; or
 
 
 
 
(e) driving in opposite direction on one way road; or
 
 
 
 
(f) any other matter as may be prescribed.
 
 
 
 
(2) Any officer acting under sub section (1) shall seize any driving licence held by such driver and shall give to the person surrendering the driving licence an acknowledgement therefor, specifying the period of deprivation and the nature of offence thereof and the name of the licensing authority to whom report shall be made on the expiry of the said period for getting back the driving licence.
 
 
 
 
(3) The authority making the order under sub section (1) shall endorse the period of deprivation and reasons thereof in the driving licence and shall forward it to the licensing authority having jurisdiction over the area or the licensing authority who issued it or last renewed it.
 
 
 
 
(4) The licensing authority, on receipt of the driving licence, shall enter the endorsement in the record and keep the licence until the period of deprivation expires and thereafter shall return the licence to the holder in exchange of the acknowledgement given under sub section (2).
 
 
 
 
(5) If, at the time of committing the offence, the driving licence is not in the possession of the person committing the offence, the authority acting under sub-section (1) may take or cause to be taken any steps he may consider proper for the disposal of the case.

  • 1
    The words “or an officer of the Authority not below the rank of Assistant Director having jurisdiction over the area” were substituted for the words “or Director Road Transport Maintenance” by section 5 of the Motor Vehicles (Amendment) Act, 1991 (Act No. VI of 1991)
  • 2
    The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
  • 3
    The word “Authority” was substituted for the word “Government” by section 46 of the Motor Vehicles (Amendment) Act, 1988 (Act No. XXVII of 1988)
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