A hearing, reasons in writing, then disqualification or revocation: the licence power the Kerala High Court says is used sparingly

Background

The Kerala High Court this week asked the Transport Commissioner to see that the licensing authority moves against drivers in drunk-driving cases, observing that the power is used only sparingly. That power sits in Section 19 of the Motor Vehicles Act, 1988, which lets a licensing authority disqualify a person from holding a licence or revoke the one he already holds. The authority must first give the holder an opportunity of being heard, and then record its reasons in writing. The grounds listed take in a habitual criminal or a habitual drunkard, habitual addiction to a narcotic drug or psychotropic substance as the Narcotic Drugs and Psychotropic Substances Act, 1985 defines those words, and the use of a motor vehicle in a cognizable offence. Previous conduct showing that a person's driving is likely to endanger the public, and obtaining a licence by fraud or misrepresentation, are grounds as well. The order can disqualify the person for a specified period, or revoke the licence outright. Where a licence taken from a driver by the police reaches the licensing authority under section 206(4), sub-section (1A) lets it either discharge the holder or, for reasons recorded in writing, disqualify him for three months for a first offence and revoke the licence for a second or later offence. A holder whose licence is revoked can have his name placed in the public domain, and he has to surrender the licence to the authority at once.