Kochi: Applicants, who are requesting a driving licence renewal after one year of the expiry date, should pass the driving test again, ordered the Kerala High Court.
Justice N Nagaresh issued the order, dismissing the petition filed by Ernakulam resident Sebastian Jacob, who demanded that the Transport Commissioner’s circular in this connection, dated October 15, 2009, should be nullified.
The petitioner’s license was valid till October 30, 2020. The license could not be renewed due to Covid-19. The petitioner filed the application on July 17, 2022. Subsequently, the joint RTO renewed the license for a period of ten years, up to July 14, 2032. Later, when he applied for a smart card, he was served a show-cause notice, saying that the renewal of the license was illegal. It is understood that the notice was received because the driver had not taken the driving test to renew the license.
However, the petitioner’s argument was that if the application for renewal of the license is submitted within five years after the expiry, there is no need to appear for the driving tests again. However, the court pointed out that there was a comprehensive amendment in 2019 to The Motor Vehicles Act, of 1988. There has been no change in section 9 (3) regarding the granting of a driving license, but section 15 regarding renewal has been amended.
The provision is that the applicant must pass the driving test again if the application is submitted after one year of the expiry of the license. The petitioner has applied for renewal of the license, and the relevant provision is applicable, observed the court. The court also stated that the circular is legally valid.
