• Regarding if driving license gets cancelled permanently

Hi , I am ankit , I just want to know : 

Can we get driving license in India once it cancelled permanently.

2) If driving license is suspended in Delhi for 3 month and licence RTO is in utter Pradesh where I will get after suspension because some cops told that I will get from Delhi where challan handed over some said it goes to concerned RTO.

What are 3 rules of permanent cancellation of driving license 

Three offence in same calendar year or three repeats offence or three offence in whole life .

Please suggest thanks
Asked 5 years ago in Civil Law

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9 Answers

Sir to habitual offenders or the person with alcohol addiction and narcotic addiction the license can be suspended on suspension you will be given opportunity of hearing before the authority and further after suspension order an appeal in same can be filed before the appellant authority.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

What would matter is the grounds or reasons behind the cancellation of your Driving Licence. Based upon that only one could say whether you can reapply for it or not. Usually the rules for the Driving licenses vary from state to state so which state has issued it that also need to be looked into.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you are confused about the law of cancellation of the license or might have no idea about the same.
  2. It is thrice in one calendar year, not in the whole life time.
  3. Even if it is cancelled permanently, thereafter also you may make an application for renewal of the same or issue of a new one after the expiry of six months from the date of cancellation.
  4. Though now, there may be a law very soon in future where you can be prosecuted also for repeatedly getting the license cancelled two times in consecutive year.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Dear Client,

Property acquires ancestral status at 4th generation and convicted of an offense punishable for drunk and drive - permanent cancellation by court order and will send the driving licence so endorsed to the authority by which the license was issued.

Fresh issue after suspension period over or after acquittal or conviction over.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

you will get from where it is challan 

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Hello,

 

refer to the following link: 

http://www.delhi.gov.in/wps/wcm/connect/f3504c0040d8ef90b811bb9042744ed5/Order+No.+F.+No.+052014CoRS-Part-III+dated+18.08.2015-Circular+-18th+Aug-2015-min.pdf?MOD=AJPERES&lmod=-[deleted]&CACHEID=f3504c0040d8ef90b811bb9042744ed5

 

The Supreme Court Committee on Road safety issued direction to suspend driving licence for a period of not less than three months under Section-19 of the Motor Vehicle Act, 1988 read with Rule 21 of the Central Motor Vehicles Rules, 1989 for:

 

(a)    Driving at a speed exceeding the specified limit which in the Committee’s view would also include red light jumping;

 

(b)    Carrying overload in goods carriage and carrying persons in goods carriages;

 

(c)    Driving vehicles under the influence of drink and drugs;

 

(d)    Using mobile phone while driving a vehicle

 

You may re-apply for the same 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

It will be available from Delhi only where you have got your challan and the cancellation is done only after 3 repeated offence of the same nature.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You will get your driving licence from the place where it has been suspended.

Cancellation is something else but rules are more that depends on the points given in MV Act against the offence committed so please don't confuse see there is suspension and if during suspension you are found driving the vehicle you are committing the offence and you can be send to jail or may be arrested.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

If your licence is cancelled, but you were not disqualified from driving (or the disqualification has ended), you cannot apply for an EDL. Instead, you can just re-apply for a driver's licence.

Power of licensing authority to disqualify from holding a driving licence or revoke such licence. 

If a licensing authority is satisfied, after giving the holder of a driving licence an opportunity of being heard, 

Section 19 of the Motor Vehicle Act empowers the licensing authority to disqualify from holding a driving licence or revoking such licence. Thus, under the legal provision only a licensing authority can suspend or revoke a driving license.

The issue of requirement of giving the holder of DL an opportunity of being heard was dealt with by the High Court of Delhi in the case of Ashish Gosain v. Department of Transport[1]. In this recent case, the Petitioner had challenged the suspension order on the ground that the Authority did not afford any opportunity of hearing to the petitioner which is mandatory under Section 19(1) of the Motor Vehicle Act.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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