Is It Legal To Drive Without A Physical Copy Of Your License?

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In India, the Motor Vehicles Act, 1988 requires drivers to carry their driving license while operating a vehicle. However, with advancements in technology, the digital version of the driving license is now legally accepted in many states, which raises questions about whether it’s still necessary to carry the physical copy of the license.

Is It Legal To Drive Without A Physical Copy Of Your License?

Legal Requirement to Carry a Driving License:

As per the Motor Vehicles Act, every person driving a motor vehicle is required to carry a valid driving license. Traditionally, this meant that you needed to have the physical copy of the license with you when driving.

Not carrying the physical driving license could be considered a violation of the law, and drivers may face penalties if stopped by traffic authorities.

Can You Use an Electronic or Digital Copy?

With the advent of technology, the electronic version of the driving license, available through the mParivahan app or DigiLocker, is now legally accepted in India.

Digital License Acceptance:

A digital copy of your driving license is valid if it is presented through authorized apps or platforms like DigiLocker or mParivahan, provided the digital copy displays all necessary details such as your photograph, license number, and validity.

According to a notification from the Ministry of Road Transport and Highways (MoRTH), an electronic version of the driving license is considered equivalent to the physical copy.

What Happens If You Don’t Carry Any License (Physical or Digital)?

If you are driving without a valid driving license (whether physical or digital), you are likely to face a penalty under the Motor Vehicles Act. This includes a fine of up to ₹500 for first-time offenders, which can increase with repeated violations.

Lack of License:

If you cannot produce a driving license at the time of being stopped by the traffic police, you may face legal consequences, including being issued a challan (traffic ticket) and having your vehicle temporarily detained until the matter is resolved.

How to Prove Your License Is Valid Without the Physical Copy:

Using Digital Platforms:

If you don’t have the physical copy of your license with you, but have a digital copy on your phone, you can show it to the authorities via the mParivahan or DigiLocker app. This digital copy is valid evidence of your license under Indian law.

Printed Copy from Digital Platforms:

If you don’t have access to a smartphone, a printed copy of the digital license (from DigiLocker or mParivahan) can also be used as proof of your driving license, making it easier to carry and present when needed.

Consequences of Not Carrying a License (Physical or Digital):

If you are caught driving without any valid form of license (physical or digital), you may face fines and, in some cases, your vehicle could be impounded.

Repeated Offenses:

For repeated violations, the fine may increase, and you could face legal action in case you fail to provide the necessary documents after multiple requests.

Court Action:

In extreme cases where the offender repeatedly violates road laws, the authorities might take legal action, which could result in court proceedings or a driving ban.

Best Practices to Avoid Legal Issues:

Carry a Physical License:

While the digital version is valid, it’s always a good idea to carry your physical driving license with you when driving. This can save time and avoid confusion if there are any issues with accessing your digital copy.

Download Digital Copies:

Ensure that your DigiLocker or mParivahan app is up to date with your driving license details and that the digital license is available when needed.

Check State Regulations:

Some states may have specific rules or requirements regarding digital licenses, so it’s important to verify if the digital license is accepted in the region you are traveling in.

Case Law and Precedents:

In several instances, Indian courts have upheld the validity of digital driving licenses as long as the document meets the required specifications and can be verified easily by authorities.

A Delhi High Court ruling in 2019 allowed for the use of a digital copy of the driving license for verification, as long as it is shown through authorized platforms like DigiLocker or mParivahan.

Example:

If Priya is driving in Mumbai and forgets her physical driving license at home, she can still show the digital version of her license on her phone through the DigiLocker app. The traffic police officer will verify her license details on the app, and she will be allowed to continue driving without facing a fine.

Conclusion:

In India, while it is still legal to drive with the physical copy of your driving license, you can now legally drive with a digital copy provided it is shown via authorized platforms such as DigiLocker or mParivahan. However, if you do not carry any form of valid license (either physical or digital), you may face penalties under the Motor Vehicles Act. To avoid complications, it is always advisable to carry either a physical or digital license when driving.

Answer By Law4u Team

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