Section 26, 27, 28, 40, 41 and 43 of the Motor Vehicles Amendment Act 2019

Substitution of new section for section 26

13. For section 26 of the principal Act, the following section shall be substituted, namely:-

Maintenance of State Registers of Driving Licences

"26. Each State Government shall maintain, in such form as may be prescribed by the Central Government, a register to be known as the State Register of Driving Licences, in respect of driving licences issued and renewed by the licensing authorities of the State Government, containing particulars, including-

(a) names and addresses of holders of driving licences;
(b) licence numbers;
(c) dates of issue or renewal of licences;
(d) dates of expiry of licences;
(e) classes and types of vehicles authorised to be driven; and
(f) such other particulars as the Central Government may prescribe.".

Amendment of section 27

14. In section 27 of the principal Act,-
(i) after clause (d), the following clauses shall be inserted, namely:-
"(da) the form and manner in which a licensing authority may issue a learner's licence under sub-section (6) of section 8;

(db) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (6) of section 8;";

(ii) after clause (j), the following clauses shall be inserted, namely:-
"(ja) the curriculum of training modules and the regulation of schools and establishments under sub-section (6) of section 12;

(jb) the conditions for the renewal of licence to drive transport vehicles carrying goods of dangerous or hazardous nature and other motor vehicles under clause (a) and clause (b) of sub-section (2) of section 14;

(jc) the manner in which a licensing authority may verify the identity of the applicant under the third proviso to sub-section (2) of section 11;";

(iii) after clause (n), the following clauses shall be inserted, namely:-
"(na) the manner of placing in the public domain of the name of the licence holder as referred to in sub-section (1A) of section 19;

(nb) providing for the nature, syllabus and duration of the driver refresher training course as referred to in sub-section (2B) of section 19;";

(iv) after clause (o), the following clause shall be inserted, namely:-

"(oa) all or any of the matters referred to in section 25A;";

(v) in clause (p), the words, brackets and figure "sub-section (1) of" shall be omitted.

Amendment of section 28

15. In section 28 of the principal Act, in sub-section (2), clause (j) shall be omitted.

Amendment of section 40

16. In section 40 of the principal Act, for the words "a registering authority", the words "any registering authority in the State" shall be substituted.

Amendment of section 41

17. In section 41 of the principal Act,-
(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:-

"Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated.";

(ii) in sub-section (3),-

(a) for the words "to the owner of a motor vehicle registered by it a certificate of registration", the words "a certificate of registration in the name of the owner" shall be substituted;

(iii) in sub-section (6), the following proviso shall be inserted, namely:-
"Provided that in case of a new motor vehicle, the application for the registration of which is made under the second proviso to sub-section (1), such motor vehicle shall not be delivered to the owner until such registration mark is displayed on the motor vehicle in such form and manner as may prescribed by the Central Government.";

(iv) in sub-section (7),-

(a) the words "other than a transport vehicle" shall be omitted; and

(b) after the words "date of issue of such certificate", the words "or for such period as may be prescribed by the Central Government" shall be inserted;

(v) in sub-section (8), the words "other than a transport vehicle," shall be omitted;

(vi) in sub-section (10),-
(a) for the words "for a period of five years", the words "for such period, as may be prescribed by the Central Government" shall be substituted;

(b) the following proviso shall be inserted, namely:-

"Provided that the Central Government may prescribe different period of renewal for different types of motor vehicles.";

(vii) sub-sections (11), (12) and (13) shall be omitted.

Substitution of new section for section 43

18. For section 43 of the principal Act, the following section shall be substituted, namely:-

"43. Notwithstanding anything contained in section 40, the owner of a motor vehicle may apply to any registering authority or other authority as may be prescribed by the State Government to have the motor vehicle temporarily registered and such authority shall issue a temporary certificate of registration and temporary registration mark in accordance with such rules as may be made by the Central Government:

Provided that the State Government may register a motor vehicle that plies, temporarily, within the State and issue a certificate of registration and registration mark for a period of one month in such manner as may be prescribed by the State Government.".