Section 24 in The Central Motor Vehicles Rules, 1989
24. Driving schools and establishments.
(1)No person shall establish or maintain any driving school or establishment for imparting instructions for hire or reward in driving motor vehicles without a license in Form 11 granted by the licensing authority.(2)An application for the grant or renewal of a license under sub-rule (1) shall be made in Form 12 or Form13, as the case may be, to the licensing authority having jurisdiction in the area in which the school or establishment is situated and shall be accompanied by appropriate fee as specified in rule 32.Explanation. - For the purposes of this rule and rules 25 to 28 licensing authority means an officer not below the rank of the Regional Transport Officer of the Motor Vehicles Department established under section 213.(3)The licensing authority shall, when considering an application for the grant or renewal of a license under this rule, have regard to the following matters, namely :-(i)the applicant and the staff working under him are of good moral character and are qualified to give driving instructions;(ii)the premises where the school or establishment is proposed to be conducted is either owned by the applicant or is taken on lease by him or is hired in his name and it has adequate provision for [conducting lecture and demonstration of models] [Substituted by GSR 933(E), dated 28.10.1989, for 'a lecture hall, room for demonstration of models, administrative section, reception room and sanitary block' (w.e.f. 28.10.1989).] besides adequate parking area for the vehicles meant to be used for imparting instructions in driving :Provided that in respect of schools or establishments imparting instructions in driving of motor vehicles or matters connected therewith immediately before the commencement of these rules, the licensing authority may permit the conducting of instruction facilities in the same premises where the school or establishment is housed fora period of six months, notwithstanding the fact that the premises do not satisfy the conditions laid down in this clause;(iii)the financial resources of the proposed school or establishment are sufficient to provide for its continued maintenance;(iv)the applicant owns and maintains a minimum of one motor vehicle each of the type in which instruction is imparted in the school or establishment;(v)the vehicles are available exclusively for purposes of imparting instruction and all such vehicles, except motor cycles, are fitted with dual control facility to enable the instructor to control or stop the vehicle;(vi)the applicant maintains the following apparatus, equipment and other requirements, namely:(a)a blackboard,(b)a road plan board with necessary model signals and charts,(c)traffic signs chart,(d)chart on automatic signals and signals given by traffic controllers where there are no automatic signals,(e)a service chart depicting a detailed view of all the components of a motor vehicle,(f)engine gear box, [brake shoe and drums] [Substituted by GSR 933(E), dated 28.10.1989, for certain words (w.e.f. 28.10.1989).] (except where the applicant desires to impart instruction in the driving of motor cycles only),(g)puncture kit with tyre lever, wheel brace, jack and tyre pressure gauge,(h)spanners (a set each of fix spanners, box spanners, pliers, screw drivers, screw spanners, and hammer),(i)driving instructions manual,(j)benches and tables for trainees and work bench,[* * *] [Clauses (k) and (l) omitted by GSR 933(E), dated 28.10.1989 (w.e.f. 28.10.1989).][* * *] [Clauses (k) and (l) omitted by GSR 933(E), dated 28.10.1989 (w.e.f. 28.10.1989).](m)a [collection] [Substituted by G.S.R. 933(E), dated 28.10.1989, for 'library consisting' (w.e.f. 28.10.1989).] of books on automobile mechanism, driving, road safety, traffic regulations, laws relating to motor vehicles and related subjects [* * *] [The words 'both in English and the regional languages' omitted by G.S.R. 933(E), dated 28.10.1989 (w.e.f. 28.10.1989).](n)a fully equipped first-aid box for use in emergency at the premises;[* * *] [Clause (vii) omitted by GSR 933(E), dated 28.10.1989 (w.e.f. 28.10.1989)](viii)The applicant or any member of the staff employed by him for imparting instructions possesses the following qualifications, namely:(a)a minimum educational qualification of a pass in the 10th standard,(b)a minimum driving experience of five years in addition to a certificate in a course in motor mechanics or any other higher qualification in mechanical engineering from an institution established by the Central or a State Government or from an institution recognised by the Board of Technical Education of a State Government,(c)thorough knowledge of traffic signs specified in the Schedule to the Act and the regulations made under section 118,(d)ability to demonstrate and to explain the functions of different components, parts of the vehicles,(e)adequate knowledge of English or the regional language of the region in which the school or establishment is situated:Provided that any person who has served as an instructor for a period of not less than five years immediately before the commencement of these rules, is exempted from the requirements of this sub-clause.(4)The licensing authority may, on receipt of an application under sub-rule (2) and after satisfying that the applicant has complied with the requirements of sub-rule (3), grant or renew a license in Form 11 [within a period of ninety days from receipt of such an application] [Inserted by GSR 589(E), dated 16.9.2005 (w.e.f. 16.10.2005).].(5)No application for license shall be refused by the licensing authority unless the applicant is given an opportunity of being heard and reasons for such refusal are given in writing by the licensing authority.
