Effect of Disqualification of Driving License

In Meghalaya, if you are using your mobile phone while driving, chances are that you will be fined or worse still, disqualified to hold your driving license.  

The definition of the “use” of mobile phone encompass sending or receiving messages, making or receiving calls, listening to music, playing games, and taking pictures or videos.  The law also covers those riding two-wheelers, those caught in traffic jams or sitting in a stationary vehicle. The penalty may range from Rs. 500/- for the first violation to Rs. 5000/- for subsequent violations. The licensing authority may also disqualify the person from holding a driving license or revoke it.

So, what happens when you are disqualified? Is the disqualification time-bound or action-bound? What if you commit the same offence again? How do you re-qualify for the license? Read on to know the answers.

What after Disqualification to Hold a License Driving?

This is what follows a disqualification order:

• For those disqualified because of drunken, rash or negligent driving and under Section 20 of the Motor Vehicle Act, the period and extent of the ban is decided by order of the prescribed authority. During this period, the effectiveness of driving license, as held by the person ceases to exist.
• This disqualification order (under section 20 of the Motor Vehicles Act) cannot be suspended or delayed, for as long as an appeal is pending against the order unless it is directed by the appellate court.
• A person disqualified of holding a license can appeal to the order-issuing authority to remove the disqualification, provided six months of issuance of the order has elapsed. The court may then decide to change or remove the disqualification, based on the given circumstances.
• However, if the court or the prescribed authority refuses to change or remove the disqualification, the person will have to wait another three months before appealing again.