- (1.)Mr. Tomar in support of this appeal urged that the vehicle in question was a commercial vehicle and the driver was not holding a valid and effective driving licence which authorised him to drive the same. According to him, unless the licence was endorsed specifically, the vehicle in question could not have been driven by the driver engaged by the appellant. With a view to advance this submission he placed reliance on the report of Surveyor which is at page 46 of the complaint file.
(2.)Before referring to the said report and dealing with this submission we may notice that Sec.14 of the Motor Vehicles Act, 1988 deals with the currency of licences to drive motor vehicles. Sec.14 (2) (a) deals with issuance or renewal of driving licence issued the said Act (i. e. , Motor Vehicles Act, 1988 ). Under Sub-clause (a) in the case of a licence to drive a transport vehicle it is effective for a period of 3 years. Whereas, in Sub-clause (b) of Sub-section (2) of Sec.14; other licences are effective for a period of 20 years from the date of issue or renewal or until the date on which such person attains the age of 50 years.
(3.)Thus, we are of the view that in case of a transport vehicle effective period of a driving licence is three years under law whereafter it has to be got renewed. Report of the Surveyor shows on verification from the Motor Licensing Authority, Karsog, District Mandi, H. P. that the licence in question dated 5.11.2002 issued in favour of Brij Lal driver was valid upto 4.11.2005. In the face of this position submission of Mr. Tomar that the driver was not having a valid and effective driving licence is without substance and is thus rejected.