Chapter-4 Provisions relating to driving license

Chapter-4 Provisions relating to driving license

Chapter-4 Provisions relating to driving license
45. Prohibition on driving motor vehicle: No person shall drive a motor vehicle without obtaining the driving license.

46. Prohibition on allowing motor vehicle to be driven: No person shall allow a motor vehicle which is in his or her ownership or custody to be driven by a person who has not obtained the driving license.

47. Disqualification for driver: The following persons shall be deemed to be disqualified for obtaining the driving license:
(a) A person who has not attained the age of twenty one years in the case of a heavy motor vehicle;
(b) A person who has not attained the age of eighteen years in the case of a medium and light motor vehicle;
Provided that, a person who has attained the age of sixteen years may obtain the driving license in the case of a motorcycle and similar other two-wheel motor vehicle.
(c) A person who is suffering from epilepsy or insanity or a disease of sudden faintness or loss of consciousness;
(d) A person who, being eyesight weak, uses glasses but despite using glasses is not able to see in a normal manner;
(e) A person who is so deaf as not being able to hear normally a horn signal, noise;
(f) A person who so suffers from sight defect as not being able to distinguish red, green, yellow etc. colors;
(g) A person who is suffering from night blindness; or
(h) A person whose hands and legs are powerless and cannot function.
Provided that, the restriction of this Clause shall not apply to a
motor vehicle manufactured specifically for the disabled.

48. Application for the driving license:

(1) If a person who does not suffer from any disqualification as referred to in Section 47 intends to obtain the
driving license to drive any motor vehicle, the person shall have to make an application in the prescribed format to the competent authority.
(2) The applicant shall have to attach with the application as referred to in Sub-section (1) the fees prescribed for the driving license, a certified copy of the citizenship certificate, three copies of the recently taken passport
size photographs of him or her, medical fitness certificate issued by a doctor recognized by the Government of Nepal after conducting his or her medical test and a copy of the certificate issued by a training institute in relation to
the motor vehicle which he or she intends to drive.

49. Test of applicant:

(1) After an application is made pursuant to Section 48, an examination shall be given to ascertain whether the applicant is able to drive such a motor vehicle and whether he or she has general knowledge as to such a motor vehicle or motor vehicle Act, Rules and traffic signals or not.
The contents of the examination so given and the examination system shall be as prescribed by the Department.
(2) An applicant who fails an examination given pursuant to Sub- section (1) shall not be allowed to make application again pursuant to Section 48 until expiration of three months after the date of completion of that examination.

50. Issuance of the driving license:

(1) The competent authority shall, on the recommendation of the committee, issue the driving license, in the format
referred to in Schedule-5, to the applicant who has taken……… ? and been
successful in the examination given pursuant to Section 49.

(2) In issuing a driving license pursuant to Sub-section (1), it shall clearly indicate the authorization to drive which of the heavy, medium or  light motor vehicles or any or all of them.
(3) Notwithstanding anything contained elsewhere in this Act, the provisions relating to the driving license to be issued to a driver driving a public motor vehicle shall be as prescribed.

51. Probation period to be undergone:

(1) The driving license to be issued pursuant to Section 50 shall be issued under probation initially for a period
of one year.
(2) If a driver does not commit, within the period of probation, more than five infractions of the conditions required to be observed under this Act or the Rules framed hereunder, the competent authority shall, at the request
of such a driver, convert his or her driving license into a permanent one.

52. Recognition of driving license obtained in foreign country: If any person who has obtained a driving license from a foreign country makes an application pursuant to Section 48 to drive a motor vehicle specified in the
license, the competent authority may issue a driving license to such a person, by collecting the prescribed fees for the driving license.
Provided that, such a person shall not be required to take any examination to obtain the driving license.

53. Automatic recognition of international driving license: Any person who has obtained an international driving license shall be entitled to drive within Nepal all the vehicles which are specified in the license.

54. Validity of driving license:

(1) Any person who has obtained a driving license pursuant to Section 50 shall be entitled to drive only such vehicles as are specified in the license.
(2) Subject to Sub-section (1), the driver shall be entitled to drive such vehicles throughout Nepal.
(3) The driving license shall remain valid for a period of five years from the date of its issue.

55. Endorsement of other types of motor vehicles in driving license:

(1) If any driver wishes to get endorsed any other type of vehicle in the driving license, in addition to those already specified therein, he or she shall make an application, accompanied by the prescribed fees, in the prescribed format,
indicating the type of vehicle desired for endorsement, to the competent authority.
(2) If an application is made pursuant to Sub-section (1), the examination committee shall give examination to him or her in accordance with Section 49 in order to ascertain whether the driver can drive the type of
vehicle intended to be endorsed in the driving license.
(3) If the driver becomes successful in the examination given pursuant to Sub-section (2), the competent authority shall endorse the type of vehicle intended for endorsement in his or her driving license and issue a new
driving license to him or her.
(4) In issuing a driving license pursuant to Sub-section (3) ? , it shall be subject to the condition of probation pursuant to Section 51.

56. Renewal of driving license:

(1) A driving license shall have to be renewed within three months from the date of expiration of the period mentioned in the license pursuant to Sub-section (3) of Section 54.
(2) A driver shall have to submit the driving license, accompanied by the prescribed fees, to the competent authority for the renewal of the driving license ⊗ within the period specified in Sub-section (1).
(3) If a driving license is submitted for its renewal pursuant to Sub- section (2), the competent authority shall renew such a driving license for upto another five years.
(4) If a driving license is submitted for its renewal after the expiration of the period as mentioned in Sub-section (1), the driving license shall be renewed upon collecting from the driver additional fees equal to the amount
thereof if the period of such expiration is within one year, two hundred percent of the amount if within two years, three hundred percent if within three years, four hundred percent if within four years and five hundred
percent if within five years, in addition to the renewal fees.

57. Ipso facto revocation of driving license:

(1) A driving license which is not renewed even until the period specified in Sub-section (4) of Section 56 shall
ipso facto be revoked.
(2) A driving license which is canceled pursuant to Sub-section (1) shall be obliterated from the register.
(3) No driving license which has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

58. Submission of certificate of fitness at the time of renewal: A driver who drives a public motor vehicle shall, at the time of getting the driving license renewed, also submit a certificate of physical fitness issued by a recognized
medical doctor to the competent authority.

59. Information of change, if any, in the address of driver:

(1) If the permanent address of a driver is changed, the diver shall give information thereof to the competent authority within one month thereof.
(2) Upon receipt of the information pursuant to Sub-section (1), the competent authority shall cause to enter also the new address of the driver in the register.

60. Power to suspend driving license: If it is proved that a driver has violated the terms required to be observed by the driver under this Act or the Rules framed hereunder in more than five occasions, the competent authority may
suspend the driving license of such driver for upto six months.

61. Power to revoke driving license:

(1) If any driver is proved to be under any disqualification mentioned in Section 47, the competent authority mayrevoke the driving license of such a driver and order him or her to surrender the license.
(2) A driver shall have to surrender his or her driving license to the competent authority within seven days of the receipt of the order given under Sub-section (1).

62. Issuance of duplicate copy of driving license:

(1) If the driving license is lost or illegible because of being torn or defaced or is destroyed in any other
manner, the driver shall have to make an application, in the prescribed format, accompanied by the prescribed fees, ⊗ to the competent authority for a duplicate copy of the driving license, no later than seven days after the date
of such loss, illegibility or destroy.
(2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall have to issue a duplicate copy of such a driving license to the
driver.
(3) The competent authority shall give information of the issuance of a duplicate copy of the driving license pursuant to Sub-section (2) to the concerned police office.