Yes, in India, a person with a disability can obtain a driving license under the Motor Vehicles Act, 1988. The licensing authority will determine whether the individual is physically and mentally capable of operating a vehicle safely, and may require a medical certificate from a registered medical practitioner stating that the individual is fit to drive.
Additionally, if the person with a disability requires modifications to the vehicle or an adapted vehicle, they can obtain a certificate for the vehicle as an “invalid carriage” or “incarriage vehicle” from the State Registering Authority. This certificate allows the individual to avail certain benefits, such as exemption from road tax, concessional parking, and priority in obtaining a driving license. The modifications to the vehicle must be in accordance with the rules laid down by the Central Motor Vehicles Rules, 1989.
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It’s important to note that the specific rules and regulations related to obtaining a driving license and certification for an adapted vehicle may vary by state in India, and it’s advisable to check with the local authorities for specific guidelines and requirements.
There are several cases in India where disabled persons have been granted driving licenses, establishing the principle that disability alone cannot be a ground for denying a driving license. Here are some examples:
Ankur Dhawan vs The Divisional Manager, New India Assurance Co. Ltd. & Others – Delhi High Court, 2015: In this case, the court held that a deaf person could obtain a driving license in India, as long as they had the necessary driving skills and training to compensate for the lack of auditory cues,
Bhim Singh vs Union of India and Ors-Supreme Court of India, 2013: In this case, the court held that a person with a single lower limb disability could obtain a driving license, as long as they could operate the vehicle safely.
Vikram Sharma vs State of Haryana and Ors-Punjab and Haryana High Court, 2016: In this case, the court held that a person with a prosthetic limb could obtain a driving license, as long as they could operate the vehicle safely and had the necessary medical clearance
These cases establish the principle that a disabled person can obtain a driving license, as long as they have the necessary skills, training, and medical clearance to operate a vehicle safely. The courts have recognized that disability alone cannot be a ground for denying a driving license, and that disabled persons have the right to access transportation and participate in society like any other citizen.