6. The following new Part is hereby inserted immediately after Part VII, and shall have effect as Part VIIA, of the principal enactment : -
| 139A.
| | (1) No person shall, on or after the relevant date, act as a driving instructor except under the authority, and in accordance with the terms and conditions, of a licence (hereinafter referred to as an "instructor's licence") issued in that behalf by the Commissioner under this Part and for the time being in force. | | |
| | (2) Any person who is guilty of the offence of contravening the provisions of subsection (1) shall, on conviction after summary trial before a Magistrate, be liable to a fine not less than five hundred rupees or to imprisonment of either description not exceeding six months or to both such fine and imprisonment. | | |
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| 139B.
| | (1) Every application for an instructor's licence shall be made to the Commissioner in such form, and shall contain such particulars, and shall be accompanied by such application fee as may be prescribed. | | |
| | (2) No instructor's licence shall be issued to any person unless he -
| | | (a) is the holder of a valid driving licence ; and |
| (b) possesses such suitable qualifications and experience as may be prescribed. |
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| | (3) An instructor's licence shall be subject to such terms and conditions as the Com missioner may consider necessary to ensure that high standards are maintained in the giving of instruction in the driving of motor vehicles. | | |
| | (4) A driving instructor who fails to comply with any of the terms or conditions of his licence shall, in addition to his licence being liable to be cancelled or suspended under section 139E, be guilty of an offence under this Act. | | |
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| 139C.
| | (1) No instructor's licence shall be issued by the Commissioner to any person under this Part, except upon the payment by such person to him of such fee or fees as may be prescribed. | | |
| | (2) Subject to the provisions of subsections (3) and (4), every instructor's licence issued under this Part shall be valid for a period of two years, and every such licence may be renewed for a period of two years at a time upon payment of such fee as may be prescribed. | | |
| | (3) An instructor's licence which is cancel led under the succeeding provisions of this Part shall cease to be effective on the date of cancellation thereof. | | |
| | (4) An instructor's licence which is suspended for any period under the succeeding provisions of this Part shall not be effective during the period of such suspension. | | |
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| 139D. Where the Commissioner refuses the issue or renewal of an instructor's licence on the ground that the applicant therefor or the holder thereof, has failed to satisfy any of the requirements set out in or under subsection (2) or subsection (3) of section 139B the Commissioner shall serve or cause to be served on the applicant or the holder, as the case may be, a written statement to that effect. The statement shall set out the grounds of such refusal. |
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| 139E.
| | (1) The Commissioner may cancel or suspend an instructor's licence if he is satisfied that the driving instructor -
| | | (a) has improperly obtained his instructor's licence contrary to the provisions of this Part or any regulations made thereunder; |
| (b) is no longer a fit and proper person to continue to hold an instructor's licence by reason of his conduct or physical disability; or |
| (c) is contravening or has contravened any of the terms or conditions of his licence or any of the provisions of this Part or any regulations made thereunder. |
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| | (2) The Commissioner shall, before canceling or suspending a licence under the provisions of subsection (1), give the driving instructor concerned notice in writing of his intention to do so specifying a date, not less than fourteen days after the date of the notice, upon which such cancellation or suspension shall be made and calling upon the driving instructor to show cause to the Commissioner why his licence should not be cancelled or suspended. | | |
| | (3) Where the Commissioner has cancelled or suspended a licence under the provisions of subsection (1), he shall forthwith inform the driving instructor concerned by notice in writing of such cancellation or suspension. | | |
| | (4) A driving instructor may, within fourteen days of the receipt of the notice referred to in subsection (3), appeal in writing against such cancellation or suspension to the Secretary to the Ministry of the Minister whose decision shall be final. | | |
| | (5) An order of cancellation or suspension shall not take effect until the expiration of a period of fourteen days after the Commissioner has informed the driving instructor concerned of the order. | | |
| | (6) If within that period, the driving instructor concerned appeals to the Secretary of the Ministry of the Minister, the order shall not take effect until it is confirmed by the Secretary or the appeal is for any reason dismissed by the Secretary. | | |
| | (7) Where an order of cancellation or of suspension becomes effective under sub section (5), the driving instructor concerned shall, as from the date when the order becomes effective, cease to give instruction to any person in the driving of a motor vehicle. | | |
| | (8) A driving instructor whose instructor's licence has been cancelled under this section shall forthwith surrender it to the Commissioner. | | |
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| 139F.
| | (1) No person shall, on or after the relevant date, carry on the business of a driving school except under the authority, and in accordance with the terms and conditions, of a licence (hereinafter referred to as a " driving school licence ") issued in that behalf by the Commissioner under this Part and for the time being in force. | | |
| | (2) A person carries on the business of a driving school if that person engages or employs other persons or, agents to give instruction to persons in the driving of a motor vehicle. | | |
| | (3) Any person who is guilty of the offence of contravening or failing to comply with the provisions of subsection (1) shall, on conviction after summary trial before a Magistrate, be liable to a fine not less than five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment. | | |
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| 139G.
| | (1) Every application for a driving school licence shall be made to the Commissioner in such form, shall contain such particulars, and be accompanied by such application fee, as may be prescribed. | | |
| | (2) No driving school licence shall be issued to any person unless he -
| | | (a) possesses or has at his disposal the prescribed kind of motor vehicles to be used for driving instruction and driving tests in the driving school; and |
| (b) has the facilities to carry on the driving school in a proper or satisfactory manner and employ licensed driving instructors in that school. |
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| | (3) A driving school licence shall be subject to such terms and conditions as the Commissioner may consider necessary to ensure that high standards are maintained in the conduct of the activities of driving schools. | | |
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| 139H.
| | (1) No driving school licence shall be issued by the Commissioner to any person under this Part, except upon the payment by such person to him of such fee or fees as may be prescribed. | | |
| | (2) Subject to the provisions of subsection (3), every driving school licence issued under this Part shall be valid for a period of two years, and every such licence may be renew ed for a period of two years at a time upon payment of such fee as may be prescribed. | | |
| | (3) A driving school licence which is cancelled under the succeeding provisions of this Part shall cease to be effective on the date of cancellation thereof. | | |
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| 139J. Where the Commissioner refuses the issue or renewal of a driving school licence on the ground that the applicant therefor or the holder thereof, has failed to satisfy any of the requirements set out in or under subsection (2) or subsection (3) of section 139G, the Commissioner shall serve or cause to be served on the applicant or the holder, as the case may be, a written statement to that effect. |
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| 139K.
| | (1) The Commissioner may cancel a driving school licence if he is satisfied that the owner of the driving school
| | | (a) has carried on the driving school in an improper or unsatisfactory manner ; |
| (b) has failed to comply with any of the terms or conditions upon which the driving school licence was issued; or |
| (c) has been convicted of an offence under this Act or any regulations made thereunder. |
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| | (2) The Commissioner shall, before canceling a driving school licence under the provisions of subsection (1), give the owner of the driving school concerned notice in writing of his intention to do so specifying a date, not less than fourteen days after the date of the notice, upon which such cancellation shall be made and calling upon him to show cause to the Commissioner why his licence should not be cancelled. | | |
| | (3) Where the Commissioner has cancelled a licence under the provisions of subsection (1), he shall forthwith inform the owner of the driving school concerned by notice in writing of such cancellation. | | |
| | (4) Any person aggrieved by the decision of the Commissioner under subsection (1) may, within fourteen days of the receipt of the notice referred to in subsection (3), appeal in writing against such cancellation to the Secretary to the Ministry of the Minister, decision shall be final. | | |
| | (5) An order of cancellation shall not take effect until the expiration of a period of fourteen days after the Commissioner has informed the owner of the driving school concerned of the order. | | |
| | (6) If within that period, the owner of the driving school concerned appeals to the Secretary to the Ministry of the Minister, the order shall not take effect until it is confirmed by the Secretary or the appeal is for any reason dismissed by the Secretary. | | |
| | (7) Where an order of cancellation becomes effective under subsection (5), the owner of the driving school concerned shall, as from the date when the order becomes effective, cease to carry on the business of the driving school. | | |
| | (8) The owner of the driving school whose driving school licence has been can celled under this section shall forthwith surrender it to the Commissioner. | | |
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| 139L. Any person aggrieved by the refusal of the Commissioner to issue or renew any licence under this Part may, within fourteen days of the written notification of the refusal, appeal in writing to the Secretary of the Ministry of the Minister, whose decision shall be final. |
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| 139M. Regulations may be made for or in respect of all or any of the following matters: -
| | (a) all matters stated or required in this Part to be prescribed; | | |
| | (b) prescribing the qualifications and experience necessary for eligibility to apply for an instructor's licence; | | |
| | (c) prescribing the kind of motor vehicles which may be used for driving instruction and driving tests and the conditions that must be complied with before such vehicles may be so used; | | |
| | (d) regulating the conduct of driving instructors when giving instruction; | | |
| | (e) regulating the activities of driving schools and prescribing the manner in which driving schools should be conducted; and | | |
| | (f) prescribing the form of records to be kept by driving instructors, driving schools and their particulars to be entered therein. | | |
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| 139P. Notwithstanding anything contained in this Part a person who, immediately before the relevant date -
for a period of three months commencing from the relevant date and, if before the expiration of that period such person applies for an instructor's licence or a driving school licence, as the case may be, until the license is granted or finally refused or the application is withdrawn.'. | | (a) was acting as a driving instructor shall be entitled to carry on as such without an instructor's licence; or | | |
| | (b) was carrying on the business of a driving school shall be entitled to carry on such business without a driving school licence, | | |
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Sri Lanka Consolidated Acts