Section 8:
Grant of learner's licence.
(1) Any person who is not disqualified under section 4 for driving a
motor vehicle and who is not for the time being disqualified for holding or obtaining a driving licence
may, subject to the provisions of section 7, apply to 1[any of the 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 intends to
receive instruction in driving a motor vehicle is situate,
for the issue to him of a learner's licence.
(2) Every application under sub-section (1) shall be in such form and shall be accompanied by such
documents 2[with such fee and submit in such manner, including electronic means] as may be prescribed
by the Central Government.
(3) Every application 3[to drive a transport vehicle made] under sub-section (1) shall be accompanied
by a medical certificate in such form as may be prescribed by the Central Government and signed by such
registered medical practitioner, as the State Government or any person authorised in this behalf by the
State Government may, by notification in the Official Gazette, appoint for this purpose:
4* * * * *
(4) If, from the application or from the medical certificate referred to in sub-section (3), it appears
that the applicant is suffering from any disease or disability which is likely to cause the driving by him of
a motor vehicle of the class which he would be authorised by the learner's licence applied for to drive to
be a source of danger to the public or to the passengers, the licensing authority shall refuse to issue the
learner's licence:
Provided that a learners licence limited to driving an 5[adapted vehicle] may be issued to the
applicant, if the licensing authority is satisfied that he is fit to drive such a carriage.
(5) No learner's licence shall be issued to any applicant unless he 6[
satisfies such conditions] as may
be prescribed by the Central Government.
.
(6) When an application has been duly made to the appropriate licensing authority and the applicant
has satisfied such authority of his physical fitness under sub-section (3) and has passed to the satisfaction
of the licensing authority the test referred to in sub-section (5), the licensing authority shall, subject to the
provisions of section 7, issue the applicant a learner's licence unless the applicant is disqualified under
section 4 for driving a motor vehicle or is for the time being disqualified for holding or obtaining a
licence to drive a motor vehicle:
Provided that a licensing authority may issue a learner's licence to drive a motor cycle or a light
motor vehicle notwithstanding that it is not the appropriate licensing authority, if such authority is
satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing
authority.
7[Provided further that a licencing authority may issue a learner's licence in electronic form and such
manner as may be prescribed by the Central Government.:
Provided also that the licensing authority may, before issuing the license, verify the identity of the
applicant in such manner as may be prescribed by the Central Government.]
(7) Where the Central Government is satisfied that it is necessary or expedient so to do, it may, by
rules made in this behalf, exempt generally, either absolutely or subject to such conditions as may be
specified in the rules, any class of persons from the provisions of sub-section (3), or sub-section (5), or
both.
(8) Any learner's 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.
Notes:
1. Subs. by Act 32 of 2019, s.4, for "the licensing authority having jurisdiction in the area" (w.e.f. 1-9-2019).
2. Subs. by s. 4, ibid., for "and with such fee" (w.e.f. 1-9-2019).
3. Ins. by s. 4, ibid. (w.e.f. 1-9-2019).
4. The proviso omitted by s. 4, ibid (w.e.f. 1-9-2019).
5. Subs. by s. 4, ibid., for "invalid carriage" (w.e.f. 1-9-2019).6. Subs. by s. 4, ibid., for "passes to the satisfaction of the licensing authority such test" (w.e.f. 1-9-2019).
7. The Provisos ins. by Act 32 of 2019, s. 4 (1-9-2019).