CHAPTER II

LICENSING OF DRIVERS OF MOTOR VEHICLES

3. Prohibition on driving without licence.– [(1)] No person shall drive a motor vehicle in any public place unless he holds an effective licence authorising him to drive the vehicle; and no person shall so drive a motor vehicle as paid employee or shall so drive a public service vehicle unless his licence specifically entitles him so to do:

Provided that a person receiving instructions in driving a motor vehicle may, subject to such conditions as may be prescribed by Government in this behalf, drive a motor vehicle in any public place.

[(2) No person shall drive a motor vehicle in any public place unless he has in his possession his own copy of the most recent version of the Pakistan Highway Code published by the Federal Government.]

4. Age limit in connection with driving of motor vehicles.– (1) No person shall drive in any public place–

(i) a motor cycle or an invalid carriage, unless he has attained the age of eighteen years;

(ii) a motor car, otherwise than as a paid employee, unless he has attained the age of eighteen years;

(iii) a motor car as a paid employee or a transport vehicle, unless he has attained the age of twenty-one years;

(iv) a heavy transport vehicle, unless he has attained the age of twenty-two years.

(2) (a) No person about the age of fifty years shall drive a transport vehicle in any public place unless the licence entitling him so to do bears an effective endorsement by the licensing authority that such person has furnished a certificate in Form B as set forth in the First Schedule signed by a registered medical practitioner.

(b) The licensing authority shall not make on any licence any such endorsement as is referred to in clause (a) unless it appears from the medical certificate furnished by the holder of the licence that he is not suffering from any disease or disability specified in the Second Schedule or any other disease or disability which is likely to cause the driving by him of a transport vehicle to be a source of danger to the public or to the passengers.

(c) An endorsement made under the provisions of clause (a) shall be effective for a period of twelve months from the date thereof, but the said period may from time to time, be extended by the licensing authority by a further period of twelve months at any one time on the production by the holder of the licence of a fresh medical certificate as required under clause (a) and on being satisfied therefrom that the holder of the licence is not suffering from any disease or disability referred to in clause (b).

(3) No person shall drive a motor vehicle in a public place with his eyes wholly or partly covered with any cloth or other opaque substance, or in such manner as to interfere in any manner with his vision.

5. Owners of motor vehicles not to permit contravention of section 3 or section 4.– No owner or person in charge of a motor vehicle shall cause or permit any person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle.

6. Restriction on use of licence by person other than holder.– No holder of a licence shall permit it to be used by any other person.

7. Grant of 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 licence, may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or, if the application is for a licence to drive as a paid employee, in which the employer resides or carries on business for the issue to him of a licence.

(2) Every application under sub-section (1) shall be in Form A as set forth in the First Schedule, shall be signed by, or bear the thumb-impression of the applicant in two places, and shall contain the information required by the Form.

(3) When the application is for a licence to drive as a paid employee or to drive a transport vehicle, or where in any other case the licensing authority for reasons to be stated in writing so requires, the application shall be accompanied by a medical certificate in Form B as set forth in the First Schedule signed by a registered medical practitioner.

(4) Every application for a licence to drive [a motor vehicle] shall be accompanied by three copies of a recent photograph of the applicant attested by a magistrate or [an officer of Government not inferior in rank to an officer in Grade-17 of the National Pay Scales.]

(5) 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 specified in the Second Schedule or any other 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 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 licence:

Provided that–

(a) a licence limited to driving an invalid carriage may be issued to the applicant, if the licensing authority is satisfied that he is fit to drive such a carriage;

(b) the applicant may, except where he suffers from a disease or disability specified in the Second Schedule, claim to be subjected to a test of his fitness or ability to drive a motor vehicle of a particular construction or design, and if he passes such test to the satisfaction of the licensing authority and is not otherwise disqualified, the licensing authority shall grant him a licence to drive such motor vehicle as the licensing authority may specify in the licence.

(6) No licence shall be issued to any applicant unless he passes to the satisfaction of the licensing authority the test of competence specified in the Third Schedule:

Provided that where the application is for a licence to drive a motor vehicle (not being a transport vehicle) otherwise than as a paid employee, the licensing authority may exempt the applicant from the test specified in the Third Schedule, if–

(a) the applicant possesses a driving certificate issued by an automobile association recognised in this behalf by Government, or

(b) the licensing authority is satisfied that the applicant has previously held a licence (or similar document) valid outside the Province and has had not less than twelve months recent experience of driving a motor vehicle of the class to which the application refers:

Provided further that where the applicant, being a serving member of the armed forces of Pakistan, is in possession of a valid army driving licence and has been actually driving one or more classes of motor vehicles for not less than three years immediately before the date of application, the licensing authority shall subject to the prescribed conditions, exempt him from the test specified in the Third Schedule and issue to him a driving licence for the class or classes of motor vehicles he has been so driving.

(7) The test of competence to drive shall be carried out in a vehicle of the class to which the application refers, and for the purposes of Part I of the test–

(a) a person who passes the test in driving a heavy transport vehicle shall be deemed also to have passed the test in driving any motor vehicle other than a motor cycle or a road-roller;

(b) a person who passes the test in driving a light transport vehicle shall be deemed also to have passed the test in driving a motor car or a motor cab or a delivery van.

(8) No licence shall be issued to any applicant to drive a heavy transport vehicle unless he has held for a period of not less than three years immediately preceding the making of the application an effective licence to drive a motor vehicle other than a motor cycle, an invalid carriage or a road-roller.

(9) When an application has been duly made to the appropriate licensing authority and the applicant has satisfied such authority of his physical fitness and of his competence to drive and has paid to the authority the prescribed fee, the licensing authority shall grant the applicant a 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:

Provided that a licensing authority may issue a licence to drive a motor cycle or a motor car notwithstanding that it is not the appropriate licensing authority; if the licensing authority is satisfied that there is good reason for the applicant’s inability to apply to appropriate licensing authority.

[(10) No licence shall be issued to any applicant unless he has in his possession his own copy of the most recent version of the Pakistan Highway Code published by the Federal Government.]

8. Form and contents of licence.– (1) Every licence, except a licence issued under section 15, shall be in Form C as set forth in the First Schedule and shall have affixed thereto one of the signatures or thumb-impression given on the application for the licence and [* * *] one of the photographs referred to in sub-section (4) of section 7.

(2) A licence shall specify whether the holder is entitled to drive as a paid employee and whether he is entitled to drive a public service vehicle and shall further be expressed as entitling the holder to drive a motor vehicle of one or more of the following classes, namely:-

(a) motor cycle;

(b) motor car;

(c) motor cab;

(d) delivery van;

(e) light transport vehicle;

(f) heavy transport vehicle;

(g) locomotive;

(h) tractor;

(i) road-roller;

(j) invalid carriage;

(k) any other motor vehicle of a specified description.

9. Additions to licences.– (1) Any person holding a licence issued under this Ordinance who is not for the time being disqualified for holding or obtaining a licence may apply in Form D as set forth in the First Schedule to the licensing authority having jurisdiction in the area in which he ordinarily resides or caries on business or, if the application relates to a licence to drive as a paid employee, in which the employer resides or carries on business, for the addition of any class of motor vehicles to the licence as is specified in section 8.

(2) The provisions of section 7 shall apply to an application under this section as if the application were for the grant of a licence under that section to drive the class of motor vehicle which the applicant desires to be added to his licence:

Provided that the provisions of sub-sections (3) and (4) of that section shall not apply where the applicant is the holder of a licence to drive as a paid employee or to drive a transport vehicle.

(3) No fee other than a fee for the test of competence to drive shall be charged for an addition to a licence under this section.

10. Extent of validity of licence.– (1) Subject to any rules made by Government, a licence issued under the foregoing sections shall be effective throughout the Province.

(2) Subject to any rules made by Government, a licence to drive a motor vehicle issued by a competent authority in any part of Pakistan not included in the Province shall be valid throughout the Province as if it were a licence issued under this Ordinance and it shall be lawful for the holder of such a licence to drive and be employed in driving in the Province a motor vehicle of any class or description which he is authorised by such licence to drive:

Provided that the holder of such a licence is not disqualified under any of the provisions of this Ordinance for holding or obtaining a licence in the Province.

11. Currency of licences.– A licence issued under the foregoing sections shall, subject to the provisions contained in this Ordinance, as holders of licences for holding or obtaining licences, be effective without renewal for a period upto three years in the case of a licence to drive a motor car or motor cycle otherwise than as a paid employee, and in any other case for a period of twelve months only from the date of issue of last renewal.

12. Renewal of licences.– (1) Any licensing authority may on an application made to it renew a licence issued under the provisions of this Ordinance [:]

[Provided that no licence shall be renewed unless the holder thereof has in his possession his own copy of the most recent version of the Pakistan Highway Code published by the Federal Government.]

(2) A licence to drive as a paid employee shall not be renewed so as to be effective for any period after the expiry of five years from the date of the medical certificate furnished by the licence holder under section 7 unless he furnishes a fresh medical certificate in Form B as set forth in the First Schedule and signed by a registered medical practitioner in which case the period of five years shall be computed from the date of the last of such certificates.

(3) An application for the renewal of a licence shall be in Form E as set forth in the First Schedule and shall contain the declaration required by the Form; provided that if the applicant does not or is unable to subscribe to the said declaration, the provisions of sub-section (5) of section 7 shall apply.

(4) The fee payable for the renewal of a licence shall be as prescribed, and enhanced fee may be prescribed where the application for renewal is made more than thirty days from the date of expiry of the licence:

Provided that if the application for renewal is made more than three years after the expiry of the licence, the licensing authority may refuse to renew the licence unless the applicant undergoes and passes to its satisfaction the test of competence specified in the Third Schedule.

(5) When the authority renewing the licence is not the authority which issued the licence, it shall intimate the fact of renewal to the authority which issued the licence.

13. Cancellation of licence on grounds of disease or disability.– (1) Notwithstanding anything contained in section 11 or section 12, any licensing authority may at any time cancel a licence or may require the holder thereof, as a condition of continuing to hold such licence, to furnish a fresh medical certificate in Form B as set forth in the First Schedule and signed by a registered medical practitioner, if the licensing authority has reasonable grounds to believe that the holder of the licence is, by virtue of any disease or disability, unfit to drive a motor vehicle.

(2) When the authority cancelling the licence is not the authority which issued the licence, it shall intimate the fact of cancellation to the authority which issued the licence.

14. Order refusing licences and appeal therefrom.– (1) Where the licensing authority refuses to issue or cancels or refuses to renew any licence, it shall do so by an order communicated to the applicant or the holder, as the case may be, giving reasons in writing for such refusal or cancellation.

(2) Upon the issue of any such order the person affected if he is the holder of a licence, shall forthwith surrender his licence to the licensing authority making the order if the licence has not already been surrendered, and the licensing authority shall, if no appeal is preferred against its order as provided in sub-section (3) or where any such appeal has been preferred and been dismissed, destroy the licence or cause it to be destroyed.

(3) Any person aggrieved by an order referred to in sub-section (1) may, within thirty days of the service on him of the order, appeal to the prescribed authority, who shall decide the appeal after giving the authority against whose order the appeal has been preferred an opportunity of being heard, and that authority shall be bound by the decision of the appellate authority.