SOP for validation of Driving Licence, Registration Certificate

Standard Operating Procedure (SOP) for validation of Driving Licence, Registration Certificate and other transport related documents / information presented in Electronic form thorough IT or mobile app platform

Government of India
Ministry of Road Transport and Highways
Transport Bhawan, 1, Parliament Street, New Delhi-110001

Dated, the 17th of December,2018

Subject: Standard Operating Procedure (SOP) for validation of Driving Licence, Registration Certificate and other transport related documents / information presented in Electronic form thorough IT or mobile app platform

1.Introduction:

The Ministry of Road Transport & Highways has issued an amendment in Rule 139 of the Central Motor Vehicles Rules vide its Notification bearing No. G.S.R. 1081(E) dated the 2nd November 2018, enabling production of requisite documents such as certificate of registration, insurance, fitness and permit, the driving licence, certificate for pollution under check and any other relevant documents in electronic form with a view to ease of living for the people. It has been considered necessary to prescribe a Standing Operating Procedure (SOP) for the same so as to ensure its seamless implementation.

2.Legal Provisions under the Motor Vehicles Act 1988 and the Information Technology Act, 2000

(i) As per recent amendment dated 2nd Nov 2018 of Rule 139 of the CMVR, 1989 – Production of licence and certificate of registration –

‘The driver or a conductor of a motor vehicle shall produce certificates in physical or electronic form certificate of registration, insurance, fitness and permit, the driving licence, certificate for pollution under check and any other relevant documents on demand by any police officer in uniform or any other officer authorised by the State Government in this behalf, and if any or all of the documents are not in his possession, he shall produce in person an extract or extracts of the documents duly attested by any police officer or by any other officer or send it to the officer who demanded the documents by registered post within 15 days from the date of demand’.

(ii) As per section 4 of the IT Act 2000 i.e. Legal recognition of electronic records-

‘Where any law provides that information or any other matter shall be in writing or in the typewritten or printed form, then, not withstanding anything contained in such law, such requirement shall be deemed to have been satisfied if such information or mater is – (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference’.

(iii) Further, ‘electronic form’ has been defined in Section 2 (r) of the IT Act 2000 as:

“electronic form” with reference to information, means any information generated, sent, received or stored in media, magnetic, optical, computer memory, micro film, computer generated micro fiche or similar device.

3.Clarifications:

(i) As per the provisions of the Motor Vehicles Act 1988, and the Central Motor Vehicles Rules 1989, the owner/driver has to produce the documents to the authority on demand.

(ii) The data related to the insurance of new vehicles and renewal of insurance of vehicles is being uploaded by the Insurance Information Board (IIB) on the VAHAN database on a daily basis now and the validity of the insurance is reflected on the mParivahan/ eChallan app.

(iii) The mParivahan mobile app is being provided by this Ministry through NIC The Driving Licence, Registration certificate, Fitness validity, Insurance validity, Permit validity of the citizen are available on real time basis on this mobile app by entering the Driving Licence Number in case of the Driving Licence details or the Registration Number for Details pertaining to the vehicles.

(iv) mParivahan is available to each citizen and eChallan to only enforcement officers from the Transport Department or the Police Department.

(v) The Digi Locker platform of the Ministry of Electronics and Information Technology,Government of India, has the facility to pull a citizen’s Driving Licence or the Certificate of Registration details from VAHAN and make it available in the Digi locker App in an electronic form.

(vi) These electronic records available on Digi Locker or mParivahan are deemed to be legally recognised at par with the original documents as per the provisions of the Information Technology Act, 2000.

(vii) If the online virtual copy of DLIRC (along with QR Code) or any other updated validity status (like Insurance, Tax, Permit, PUC etc.) is not available on mParivahan or Digi Locker app carried by the user, then the relevant paper documents will be required to be carried.

4.Standard operating Procedure (SoP) for validating information or impounding the document(s) in Electronic Form by the enforcement agencies:

4.1 Validation of documents produced in an Electronic form:

(i) The citizens can produce the documents or other information either through the Digi locker app or the mParivahan app.

(ii) The citizen can download the Driving Licence or the Certificate of Registration through these apps and store on their mobile devices.

(iii) The Citizen can also show particulars relating to the Driving Licence or the Vehicle through the mParivahan app on the mobile through the Internet Connectivity.

(iv) In eChallan app facility, two modes of login credentials have been made available to the enforcement officers. The login authentication is decided by the concerned

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