PROVINCIAL MOTOR VEHICLES 1978 Pakistan Grant of license

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

Grant of license

(1) Any person who is not disqualified under section4 for driving T Motor Vehicle and who is not

 for the time being disqualified for holding or obtaining a license, may apply to the licensing 

authority having jurisdiction in the area in which he ordinarily resides or carries on

business or, if the application is for a license to drive as a paid employee, in which the employer 

resides or carries on business for the issue to him of a license.

(2) Every application under sub section (1) shall be in Form A as set forth in the First Schedule, 

shall be signed by or bear the thumb impression of the applicant in two places, and shall contain 

the information required by the form.

(3) Where the application is for a license to drive as paid employee or to drive a transport vehicle,

 or where in any Other case the licensing authority for reason to be stated in writing so requires, 

the application shall be accompanied by a medical certificate in Form B as set forth in the First 

Schedule signed by a registered medical practitioner.

(4) Every application for a license to drive [a motor vehicle] shall be accompanied by three copies

 of a recent photograph of the applicant attested by a Magistrate or [an Officer of Government 

not inferior in rank to an officer in grade 17 of National Pay Scales].

(5) If, from the application or from the medical certificate referred to in sub-section (3j. it appears

 that the applicant is suffering from any disease or disability specified in the Second Schedule or 

any other disease or disability which is likely to cause the driving by him of a Motor Vehicle of 

the class which he would be authorized by the license applied for to drive to be a source of 

danger to the public or to the passengers, the licensing authority shall refuse to issue the license.

Provided that:

(a) a license limited to driving an invalid carriage may be issued to the applicant, if the licensing 

authority is satisfied that he is fit to drive such a carriage.

(b) the applicant may, except where he suffers from a disease or disability specified in the Second 

Schedule, claim to be subjected to a test of his fitness or ability to drive a motor vehicle of a 

particular construction or design, and if he passes such test to the satisfaction of the licensing 

authority and is not otherwise disqualified, the licensing authority shall grant him a license to 

drive such Motor Vehicle as the licensing authority may specify in the license.

(6) No license shall be issued to any applicant unless he passes to the satisfaction of the licensing 

authority the test of. competence specified in the Third Schedule :

Provided that where the application is for a license to drive a Motor Vehicle (not being a 

transport vehicle) otherwise than a paid employee, the licensing authority may exempt the 

applicant from the test specified in the Third Schedule, if…

(a) the applicant possesses a driving certificate issued by an automobile association recognized in 

this behalf by Government or

(b) the licensing authority is satisfied that the applicant has previously held a license (or similar 

document) valid outside the Province and has had not less than twelve months recent experience 

of driving a Motor Vehicle of the class to which the application refers.

Provided further that where the applicant, being a serving member of the armed forces of 

Pakistan is in possession of a valid army driving license and has been actually driving one or more

 classes of Motor Vehicle for not less than three years immediately before the date of application, 

the licensing authority shall, subject to the prescribed conditions, exempt him from the test 

specified in the Third Schedule and issue to him a driving license for the class or classes of Motor 

Vehicles he has been so driving.

(7) The test of competence to drive shall be carried out in a vehicle of the class to which the

application refers and for the purposes of Part I of the test.

(a) a person who passes the lest in driving a heavy transport vehicle shall be deemed also to have 

passed the test in driving any Motor Vehicle other than a motor cycle or a road-roller ;

(b) a person who passes the test in driving a light transport vehicle shall be deemed also to have 

passed the test in driving a motor car, or a motor cab or a delivery van.

(8) No license shall be issued to any applicant to drive a heavy transport vehicle unless he has 

held for a period of not less than three years immediately preceding the making of the

 application an effective license to drive a Motor Vehicle other than a motor cycle an invalid 

carriage or a road roller.

(9) When an application has been duly made to the appropriate licensing authority and the 

applicant has satisfied such authority of his physical fitness and of his competence to drive and 

has paid to the authority the prescribed fee, the licensing authority shall grant the applicant a 

license unless the applicant is disqualified under section 4 for driving a Motor Vehicle or is for 

the time being disqualified for holding or obtaining a license.

Provided that a licensing authority may issue a license to drive a motor cycle of a motor car

notwithstanding that it is not the appropriate licensing authority, if the licensing authority is

satisfied that there is good reason for the applicant's inability to apply to the appropriate licensing

 authority.

(10) No license shall be issuer to any applicant unless be has in this possession his own copy of 

the most recent version of the Pakistan Highway Code published by the Federal Government.

PROVINCIAL MOTOR VEHICLES 1978 Pakistan Restriction on use of license by person other than bolder

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

Restriction on use of license by person other than bolder

No holder of a license shall permit to be used by any other person.

PROVINCIAL MOTOR VEHICLES 1978 Pakistan Owners of Motor Vehicles not to permit contravention of section 3 of or section 4.

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

Owners of Motor Vehicles not to permit contravention of section 3 of or section 4

No owner or person in charge of a Motor Vehicle shall cause or permit any person who does not 

satisfy the provisions of section 3 or section 4 to drive the vehicle.

PROVINCIAL MOTOR VEHICLES 1978 Pakistan Age limit in connection with driving of Motor Vehicles

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

Age limit in connection with driving of Motor Vehicles

(I) No person shall drive in any public place.

(i) a motor cycle or an invalid carriage, unless he has attained the age of eighteen years.

(ii) a motor car, otherwise than as a paid employee, unless he has attained the age of eighteen years.

(iii) a motor car as a paid employee or a transport vehicle, unless he has attained the age of 

twenty one years.

iv) a heavy transport vehicle, unless he has attained the age of twenty-two years.

(2). (a) No person about the age of fifty years shall drive a transport vehicle in any public place

 unless the license entitling him so to do bears an effective endorsement by the licensing 

authority that such person has furnished a certificate in Form B as set forth in the First Schedule 

signed by a registered medical practitioner.

(b) The licensing authority shall not make on any license any such endorsement as is referred to 

in clause (a) unless it appears from the medical certificate furnished by the holder of the license 

that he is not suffering from any disease or disability specified in the Second Schedule or any 

other disease or disability which is likely to cause the driving by him of a transport vehicle to be 

a source of danger to the public or to the passengers.

(c) An endorsement made under the provisions of clause (a) shall be effective for a period of 

twelve months from the date thereof, but the said period may, from time to time, be extended by 

the licensing authority by a further period of twelve months at any one time, on the production 

by the holder of the license of a fresh medical certificate as required under clause {a) and on 

being satisfied therefrom that the holder of the license is not suffering from any disease or 

disability referred to in clause (b).

(3) No person shall drive a Motor Vehicle in a public place with his eyes wholly or partly

 covered with any cloth or opaque substance, or in such manner as to interfere in any manner

 with his vision.

PROVINCIAL MOTOR VEHICLES 1978 Pakistan LICENSING'OF DRIVERS OF MOTOR VEHICLES

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

LICENSING'OF DRIVERS OF MOTOR VEHICLES

so drive a Motor Vehicle as paid employee or shall so drive a public service vehicle unless his

license specially entitles him so to do , Provided that a person receiving instruction in driving a 

Motor Vehicle may, subject to such conditions as may be prescribed by Government in this 

behalf, drive a Motor Vehicle in any public place.

(2) No person shall drive a motor vehicle in any public place unless be has in his possession his 

own copy of the most recent version of the Pakistan Highway Code published by the Federal 

Government.

PROVINCIAL MOTOR VEHICLES 1978 Pakistan COMMENTARY

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

COMMENTARY

Motor vehicle" and "transport vehicle"—Scope of terms. Our Supreme Court has held that trailer

 is included in the terms "motor vehicle" and from the definition-given in section 2 (42) of the 

West Pakistan Motor Vehicles Ordinance. 1955, a tractor is within the expression "transport 

vehicle" unless it is used solely for agriculture purpose.

“Owner" does not include person other than stated in definition. The definition of "owner" is 

made unambiguously clear by the use therein of the word "means" which has the effect of 

excluding in either of the given contingencies the real owner i.e, the owner in the ordinary or 

popular sense of that term or for the matter of that every one other than those specified therein.

A person selling out motor vehicle may still continue to be owner for purposes of Ordinance.

Where a vehicle is in possession of hire purchaser at the time of accident results in death of

plaintiff's husband and the driver, under terms of agreement, is an employee of hire purchaser, 

held neither the original owner nor its department would be vicariously liable for negligent act 

of driver.

Appellate Court or Authority has inherent jurisdiction to order remand. It is manifestly clear 

from the definition of the term "appeal” that it is inherent in the right of appeal that the whole 

case, including the facts, is within the jurisdiction of the appellate authority, unless and until in a 

particular statue the right of appeal is whittled down or hedged in by certain limitations. In 

other words, the appellate Court has the jurisdiction of giving all the relief which the original 

Court or tribunal can give. It would, therefore, follow that the power of remand which is merely 

ancillary and incidental, is inherent in the appellate authority in that in certain cases where the 

Court or tribunal has violated the statutory provision it may become impossible for the appellate 

authority to give an effectual and proper decision without remitting the cases to the Court of

 first  instance.

PROVINCIAL MOTOR VEHICLES 1978 Pakistan Punjab Addition: Punjab Ordinance IX of 1970

PROVINCIAL MOTOR VEHICLES 1978 Pakistan

Punjab Addition: Punjab Ordinance IX of 1970

In clause (42) of section 2, after the word "tractor" occurring for the second time, the words and

 commas "with or without trailer,'' shall be inserted.

(43) "unleaded weight" means the weight of a vehicle or trailer, including all equipment 

ordinarily used within the vehicle or trailer when working. but excluding the weight of the 

driver or attendant, and where alternative parts or bodies are used, the unleaded weight of the 

vehicle means the weight of the vehicle with the heaviest such alternative part or body.

(44) "weight" means the total weight transmitted for the time being by the wheels of a vehicle to 

the surface on which the vehicle rests.