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MVA 1988 (Amended 2019)ORIGINALChapter II
Section 9
Grant of Driving Licences
Licensing of Drivers of Motor Vehicles
Fine: N/ACompoundable: N/AEndorsement: No
BARE ACT PROVISION
Legal Text
(1) Any person who is not for the time being disqualified for holding or obtaining a driving licence and who fulfils the requirements mentioned in section 8 may apply to the licensing authority having jurisdiction in the area in which he ordinarily resides or carries on business or in which the school or establishment in which he is receiving instruction in driving is situated. (3) Subject to the provisions of section 8, the licensing authority shall, after giving the applicant an opportunity of being heard, grant the driving licence after he — (a) passes the test of competence to drive referred to in sub-section (3) of section 9; or (b) produces a certificate of having passed such a test from a school or establishment referred to in section 12; or (c) holds a driving licence issued by a competent authority in a country outside India.
Simplified Explanation
Section 9 governs the grant of permanent driving licences — the culmination of the licensing process that begins with the learner's licence under Section 8. To obtain a permanent driving licence, an applicant must: (1) hold a valid learner's licence; (2) wait at least 30 days after the learner's licence issue; (3) pass a driving test administered by the licensing authority at the RTO or by an accredited driving training school under Section 12; and (4) satisfy any medical fitness requirements. The driving test assesses practical driving competence on public roads or a designated test track. Alternatively, holders of foreign driving licences from countries with reciprocal arrangements may exchange them for Indian licences without a fresh test. The 2019 Amendment encouraged the use of accredited driving training schools as an alternative to the traditional RTO test, aiming to improve driving quality across India. A driving licence issued under Section 9 is valid for 20 years from the date of issue (or until the holder turns 50, whichever is earlier), after which it must be renewed.
Historical Context
The traditional RTO driving test has been criticised for decades as susceptible to corruption and insufficiently rigorous — contributing to India's poor road safety record. The 2019 Amendment's push for accredited driving schools as an alternative testing pathway was intended to address this structural weakness.Critical Changes
Accredited driving schools under Section 12 can certify applicants — reduces dependence on RTO testing.
Automated driving test tracks being established in major cities.
Licence validity: 20 years (or until age 50, whichever is earlier) — then renewable.
Online slot booking for driving test via Sarathi portal.
Practical Scenarios
"A person who obtained a learner's licence on 1 January and passes the RTO test on 5 February — eligible for permanent licence (30+ days gap satisfied)."
"A UK resident relocating to India — may use UK licence for 12 months, then must convert to Indian licence under Section 9(3)(c)."
Common Queries
You must wait a minimum of 30 days after the issue of your learner's licence before applying for a permanent driving licence. The application must also be made within the 6-month validity of the learner's licence.
A driving licence is valid for 20 years from the date of issue or until the holder turns 50 years of age, whichever comes first. After 50, the renewal period is 5 years. For transport vehicle drivers, renewal at 60 may require an additional medical examination.
Under Section 9(3)(c), holders of foreign driving licences from countries with reciprocal arrangements may obtain an Indian licence. Visitors from most countries may use their foreign licence in India for up to 12 months. After 12 months of residence, an Indian licence is required.