Tuesday, November 3, 2009

Transfer of driving school permit.

Suddenly if a driving school owner dies, the transport authorities would say that there is no provision to transfer the driving school permit.

But it is not so.

If the claimant has all the qualifications to run the driving school, that could be considered.

One driving school owner has got a government job and he wants to trasnfer the school permit to his wife, but the Licensing Authority has refused and rejected the application.

On an appeal, the Transport Commissioner has observed as follows:-


"In other words the licence to run a driving school is not treated like a right in property. But it does not mean that the licencing authority cannot even examine the claim of a person who in law inherits the property of the deceased licensee. In terms of rules in such cases if one of the legal heirs fulfills the all the qualifications prescribed under Rule 24 there cannot be any impediment for the licencing authority to consider the question of transmission."

So says the Transport Commissioner in his order in 68706/H1/09 dated 3.4.2009.

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