Suspension of Driving Licence u/s. 19, Motor Vehicle Act 88
The Chandigarh Traffic Police periodically reviews its database of traffic offenders to detect cases of repeated/dangerous traffic offenders & to recommend the disqualification/ revocation of their driving licenses. This exercise was started following the realization that there is a need for initiating strict action against habitual traffic offenders who are not deterred by the fines that are imposed according to the provisions of the Motor Vehicles Act, 1988. The provisions of Section 19 of the Motor Vehicles Act’88 & Rule 21 of the Central Motor Vehicle Rules’89 empower the Licensing Authority to disqualify individuals in certain cases from holding the driving licence or to revoke such licence. These powers provide a potent means for bringing such habitual offenders to book. In a countrywide scenario where the process of issue of driving licences is poorly managed, the powers to take off-road the dangerous drivers acquire special significance. It is pertinent to mention that the Hon’ble Punjab & Haryana High Court has issued directions to the Traffic Police & to the Licensing Authorities for invoking such powers to bring habitual offenders to book, in CWP No. 7639 of 1995 titled Namit Kumar vs UT Administration and others.
The Chandigarh Traffic Police has been making recommendations for suspension of driving licences of habitual traffic offenders after conducting a systematic review of MV Act Challan records. Based on these recommendations the Licensing Authority has pronounced sentence of suspension against these offenders with the period of suspension ranging from two to six months. Extensive coverage by the print media has ensured that a strong deterrence has been created in the minds of the citizens against repeated commission of traffic offences. The Chandigarh Administration has thus achieved the distinction of becoming the first in the country to have invoked the powers vested by section 19 MVA’88. While similar powers are widely used in the Western Countries for disciplining the motorists yet very little awareness exists in our country about the existence of such powers. Typically, the following steps are involved in the pronouncement of a sentence of suspension by the Licencing Authority: Data Review: The Chandigarh Traffic Police searches its database of MV Act Challans to identify repeated traffic offenders. Special emphasis is given to those cases where offences of more serious nature like over speeding and drunken driving are involved. Watch List: All repeated traffic offenders who fall on the borderline are initially placed on the watch list for future monitoring. Their names are also displayed on the traffic police web site. Warning Notice: If any further traffic violations are made by offenders who have been placed on watch, they are advised to improve their driving by a Written Warning Notice that is mailed at their address. Recommendation for Suspension: Failure to pay heed to this warning then invites a recommendation for suspension of the Driving Licence. Generally, a recommendation for suspension of driving licence is made only if five or more offences have been committed and at least one of the Challans is of a recent date. The current address of the offender is verified in writing by a police officer before mentioning the same in the recommendation. The recommendation consists of a covering letter addressed to the Licensing Authority by SP Traffic U.T. Chandigarh accompanied by the following enclosures: A brief summary of traffic offences committed along with the date of commission of each offence. Photocopies of the original challan forms that bear the signatures of the offender taken at the time of challaning. A photocopy of the verification of current address of the offender. This is important as the current address of the traffic offender may be different from that mentioned on his driving license or the challan form. A copy of this letter is endorsed to the District Magistrate, U.T. Chandigarh. Show Cause Notice to Offender: On receipt of the case the Licensing Authority issues a Show Cause Notice to the habitual traffic offender directing him to Show Cause why his driving licence should not be suspended under section 19 MV Act '88. The notice is sent by Registered Post at the current address of the offender as verified by the traffic police. A copy of the Show Cause Notice is endorsed by the Licensing Authority to the Traffic Police for service. This additional safeguard helps prevent a situation where the habitual offender may try to deny the service of the Show Cause Notice. The Licensing Authority has also issued Public Notices in cases where the offender has failed to respond to the Show Cause Notice. Pronouncement of Sentence by L.A.: On receipt of a reply to the Show Cause Notice or on expiry of the period permitted for the filing of the reply, the Licensing Authority finalizes its decision on the recommendation of the Traffic Police. In cases where the suspension of the driving licence is ordered under s.19 MVA'88 a copy of the order is sent to the offender by registered post. The offender is directed to immediately surrender his/her driving licence to the Licensing Authority. A copy of the Order under section 19 MVA'88 is endorsed by the Licensing Authority to the Traffic Police for the seizure of the driving licence from the offender and for depositing the same with the licensing authority. This procedure has been introduced after it was observed that the habitual offenders whose licences had been suspended were failing to deposit the same with L.A. and were continuing to drive in defiance of the order of L.A. under section 19, MVA. NOTE: It is pertinent to mention that in some cases while the habitual offender is residing at Chandigarh and has committed numerous traffic offences within Chandigarh yet the Issuing Authority of his driving licence is other than the Licensing Authority of Chandigarh. The Licensing Authority, UT, Chandigarh is competent to take action u/s 19 of the MV Act'88 even in such cases and has to only intimate the fact of the same to the issuing authority as provided under Clause C of Sub-Section 2 of Section 19 MV Act and Rule 14 (1) Chandigarh Motor Vehicle Rules, 1990. Operation of Sentence: Following the seizure of the Driving Licence, the Habitual Traffic Offender is debarred from driving his vehicle during the period of suspension. Any violation of this order is punishable under section 182 of the MV Act. As per the provisions of Rule 14 (2) Chandigarh Motor Vehicle Rules, 1990 - the names of all persons who have been disqualified for holding or obtaining a driving licence and the particulars of person convicted under section 182 are to be published in the Official Gazette and entry to that effect shall be made in the State Register for Driving Licence, maintained under section 26 MV Act. The Chandigarh Traffic Police has displayed all these names/particulars on its website. Appeal: Any person affected adversely by an Order passed by the Licensing Authority u/s 19 M V Act, may appeal against the same to the Chairman, State Transport Authority, U.T. Chandigarh within thirty days of the receipt of the order. The procedure for appeal is governed by sub-section 19(3) & 28(2) (b) of the MV Act and Rules 7 & 8 of the Chandigarh Motor Vehicle Rules, 1990.