Disqualify Offending Drivers from holding Driving License
Deputy Commissioners of Police (Traffic) of all the Police Commissionerates and Superintendents of Police empowered to disqualify offending drivers from holding any driving licence.
Published in Transport.
Government of West Bengal
12, R.N. Mukherjee Road, Kolkata – 700 001
No. 5311-WT/TR/3M-80/2002 Date: 23/11/2016
Whereas, Chapter VIII along with Chapter XIII of the Motor Vehicles Act, 1988 deals with several provisions necessarily implying obligation on the part of the law enforcing authorities to ensure use of motor vehicles in a way so as not to imperil public safety and convenience; and whereas the State Government has launched a campaign of ‘Safe Drive, Save Life‘ to address the issues related to road safety; and
Whereas, the State Government has already issued notifications empowering Police officers to act upon on a number of provisions under the said Chapters of the Act including the power to disqualify from holding a driving licence to drive transport vehicles, in terms of section 19 of the said Act, and the matter has since been further reviewed by the Government with a view to instil traffic discipline and in particular to minimise the number of road accidents;
Now therefore, the Governor has been pleased to empower Deputy Commissioners of Police (Traffic) of all the Police Commissionerates and Superintendents of Police of the Districts to act in terms of provisions of Section 19 of the Motor Vehicles Act, 1988 to disqualify offending drivers from holding any driving licence (Transport or non-Transport) and/or to revoke such licence, if it is found so necessary, for the purposes of ensuring effective control of traffic as per the provisions of Chapter VIII of the Act. Governor has further been pleased to authorise the aforesaid police officers to delegate such power to any police officer not below the rank of an Inspector of Police, having jurisdiction, in exigency. Due process as entailed in section 19 will have to be strictly followed in each such instance. Relevant provision of the W B M V Rules, 1989 will be suitably amended in due course.
Action taken, in exercise of the aforesaid power, is to be promptly reported to the concerned Licencing Authority who had issued the driving licence, for the purpose of recording such actions in the Sarathi database in the manner as may be prescribed by the State Government.
This will come into immediate effect.
By order of the Governor
Sd/- B Dasgupta
Special Secretary to the
Government of West Bengal
No. 5311-WT dated 23.11.2016