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Can company inpose panelty for not driving with driving licence
22-Nov-2023 (In Civil Law)
who can ask for penalty or can panelize for not following law. specially motor vehicle laws like without license, over speed, driving by minor, without seat belt. can any one other then RTO can chalan you. "specially employer"
No, company cannot chalan you for driving without license under Motor Vehicle Act.
But Yes, the company is liable.
To understand why, let's rephrase the question: We have hired an employee and part of his job duties include driving his own vehicle to different locations, while on the clock. The person we decided to hire has no driver's license. Are we liable? Yes, of course you are!! And you are probably negligent as well, for hiring someone with no driver's license for this job (which includes driving) in the first place.
It is completely irrational for a company to hire someone without a valid driver's license when the job duties include driving.
But Yes, the company is liable.
To understand why, let's rephrase the question: We have hired an employee and part of his job duties include driving his own vehicle to different locations, while on the clock. The person we decided to hire has no driver's license. Are we liable? Yes, of course you are!! And you are probably negligent as well, for hiring someone with no driver's license for this job (which includes driving) in the first place.
It is completely irrational for a company to hire someone without a valid driver's license when the job duties include driving.
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its only the authorities defined under motor vehicle act , 1988 are authorized to imposed penalty on the defaulter. Specifically police officers authorised in respect of provisions of MV act, 1988. for eg. sec 130, and 133.
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Adv. Hemant Taylor
Jaipur | 100+ Answers
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