Mandatory Competency Test for Renewal of Driving License Beyond One Year of Expiry: Kerala HC Upholds Circular

In a significant judgment, the Kerala High Court upheld the validity of a circular mandating a competency test for renewing driving licenses that have expired more than a year ago. The judgment, delivered by Justice N. Nagares in the case of Sebastian Jacob vs. The Transport Commissioner & Ors., dealt with the interpretation of the Motor Vehicles Act, 1988, particularly post the 2019 amendments.

The primary legal issue revolved around the interpretation of Sections 9(3) and 15(4) of the Motor Vehicles Act. The petitioner, Sebastian Jacob, argued that the circular, requiring a competency test for renewing licenses expired for more than a year, was in contravention of the Act.

Jacob’s driving license, issued in 2000, expired in October 2020. Due to the COVID-19 pandemic and his stay in UAE, he could not renew it on time. In July 2022, he applied for renewal in Kerala, which was initially granted without a competency test. Later, show-cause notices were issued against this renewal, citing the need for a competency test as per the circular in question.

Justice Nagares observed an incongruity between Section 9(3) and the amended Section 15(4) of the Act. While the former suggests no test if the renewal application is within five years of expiry, the latter mandates a test if the application is made over a year after expiry. The judgment highlighted that Section 15, dealing specifically with renewal, must prevail in this context.

“The Motor Vehicles Act, amended in 2019, clearly stipulates the need for a competency test for renewals over a year after expiry. This is essential to ensure road safety and competent driving,” remarked Justice Nagares.

Decision: The Court dismissed Jacob’s petition, upholding the circular’s validity. It ruled that applicants seeking to renew their driving license more than a year after expiry must undergo a competency test, aligning with the 2019 amendments to the Motor Vehicles Act.

Date of Decision: 5^th March 2024

Sebastian Jacob vs. The Transport Commissioner & Ors.