Transport Deptt issues advisory for parents, underage drivers

Srinagar, Nov 15: The J&K Transport Department Friday issued an advisory for the parents and the under-age drivers, advising the parents against allowing their underage children to drive two-wheelers or four-wheelers.

The advisory signed by Transport Commissioner Rajinder Singh Tara, highlights that giving access to underage children to four-wheelers or two-wheelers not only puts the lives of their minor children at risk but also poses a threat to pedestrians and other commuters.

“This is a serious offence, which can attract punitive action against the offenders,” the advisory reads.

Referring to Section 199-A of the Motor Vehicles Act, 1988, the advisory said that if an offence under this act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.

“Provided that nothing in this subsection shall render such guardian or owner liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence,” the advisory reads.

The advisory has further explained the rules stating that for the purposes of this section, the court would presume that the use of the motor vehicle by the juvenile was with the consent of the guardian of such juvenile or the owner of the motor vehicle, as the case may be.

“In addition to the penalty under sub-section (1), such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with a fine of Rs 25000,” it reads.

The advisory reads that the provisions of sub-section (1) and sub-section (2) should not apply to such guardians or owners if the juvenile committing the offence had been granted a learner's license under Section 8 or a driving licence and was operating a motor vehicle which such juvenile was licensed to operate.

“Where an offence under this act has been committed by a juvenile, the registration of the motor vehicle used in the commission of the offence should be cancelled for a year,” it reads.

It further states that where an offence under this act has been committed by a juvenile, then, notwithstanding Section 4 or Section 7, such juvenile should not be eligible to be granted a driving license under Section 9 or a learner’s license under Section 8 until attaining the age of 25 years.

“Where an offence under this act has been committed by a juvenile, then such juvenile should be punishable with such fines as provided in the act while any custodial sentence may be modified as per the provisions of the Juvenile Justice Act, 1000 (56 of 1000),” the advisory reads.

The Transport Department has cautioned the people, especially parents and the guardians of minors to desist from the practice of allowing their minor children to drive two-wheelers or four-wheelers as it is prohibited and punishable under the provisions of the Motor Vehicles Act.