Motor Traffic (Amendment) Act 2009 · As enacted
25. Amendment of section 123 of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 123 of the principal enactment is hereby amended as follows :—
in subsection (1) of that section, by the substitution for the words “effective driving licence” wherever those words appear in that section, of the words
“regular driving licence subject to a probation period.”
“Classes of driving licences.
by the repeal of subsection (2) thereof and the substitution therefor of the following subsection:—
“(2) (a) A person who does not hold a driving licence and who wishes to learn or to be permitted to drive a motor vehicle shall make application to the Commissioner-General for a Learner’s Permit—
in the prescribed form; and
accompanied by the prescribed levy and the prescribed documents.
The Commissioner-General shall conduct a theory examination for the purpose of ascertaining whether the applicant is competent to be granted a
Learner’s Permit and if such applicant is successful at such examination, and satisfies the
Commissioner-General in regard to the requirements specified in paragraph (c) of this subsection, issue him with a Learner’s Permit.
Every applicant for a Learner’s Permit shall prove to the satisfaction of the Commissioner-General—
in the case of an application for a Learner’s
Permit to drive light vehicles that he has completed the age of seventeen years; and in the case of an application for a Learner’s
Permit to drive heavy vehicles that he has completed the age of twenty years ; and
that he is physically fit to drive the class or classes of vehicles in respect of which the application is made.
Every person who is successful at the theory examination referred to in paragraph (b) shall—
apply to the Commissioner-General in the prescribed form accompanied by the prescribed fee, for the ‘L’ plate which shall be fixed and maintained on a motor vehicle in accordance with the succeeding provisions of this section ;
obtain an insurance cover in accordance with the provisions of section 99.
A holder of an ‘L’ plate shall not permit or cause the owner or any other person in charge of a motor vehicle who is not the holder of an ‘L’ plate to use that plate for the purpose of learning:
Provided that—
no person other than the holder of a
Learner’s Permit and the person instructing him shall travel in such motor vehicle; where the person so instructing such learner is a registered driving instructor, the maximum number of learners carried in a motor vehicle belonging to the class referred to in item 2
of the Schedule to section 122 shall not exceed three persons and in motor vehicles of a class referred to in items 6(i),
6(ii) and 7 of the Schedule to section 122
shall not exceed six persons;
the holder of a Regular Driving Licence which is valid for motor vehicles of that class and who should be at least twenty one years of age, shall accompany him for the purpose of instructing him and shall be seated at his side :
Provided however that the requirements herein contained shall not apply to motor cycles and tractors ; and
there is carried above each identification plate fixed on the vehicle, in such manner as not to obstruct any such identification plate, a white board or plate bearing the letter ‘L’ painted thereon in red the dimensions of such letter being at least twice the corresponding dimensions of any letter forming part of the distinctive number on the identification plate.
The holder of a Learner’s Permit may on completion of a period of three months from the date of issue of such Learner’s Permit and if he has satisfied the requirements set out in section 125, apply to the Commissioner-General in the prescribed Form accompanied by the prescribed levy to convert his Learner’s Permit into a Regular
Driving Licence.
Regulations may be made prescribing—
any other requirement or condition for the issue of a Learners’ Permit ; and
the shape, size, colour, details of display and the procedure for the issue of ‘L’
plate.”.
by the addition, immediately after subsection (2)
of that section of the following subsections which shall have effect as subsections (3), (4) (5), (6) and (7) thereof :—
“(3) (a) A Regular Driving Licence shall be subject to a minimum probationary period of one year from the date of issue and a maximum probationary period of two years from the date of issue.
Where the holder of a Regular Driving
Licence has within the probationary period of one year accumulated the prescribed number of driver improvement points as would result in the cancellation or suspension of his driving licence under section 133A, or driver improvement points over and above such prescribed number, the
Commissioner-General shall extend the period of probation for a further period of one year.
If the Commissioner-General is satisfied that the holder of a Regular Driving Licence under paragraph (b), has during the extended probationary period of one year accumulated the prescribed number of driver improvement points which would result in the suspension or cancellation of a driving licence under section 133A or driver imporvement points over and above such prescribed number, he shall forthwith cancel such probationary licence.
(a) For the purposes of this Act, every driving licence, irrespective of whether it is a Regular
Driving Licence subject to a probationary period or a Regular Driving Licence, shall be treated as a valid driving licence for the class or classes of motor vehicles referred to therein.
All levies recovered by the Commissioner-General in respect of the issue of every such licence or permit referred to in subsection (1) of section 122 shall be deemed to have been validly recovered under the provisions of this Act.
(a) A person who contravenes the provisions of paragraph (a) of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than three thousand rupees and not exceeding six thousand rupees and on a second or subsequent conviction to a fine not less than six thousand rupees and not exceeding ten thousand rupees.
A person who contravenes the provisions of paragraph (b) of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not less than four thousand rupees and not exceeding eight thousand rupees and on a second or subsequent conviction to a fine not less than eight thousand rupees and not exceeding twelve thousand rupees.
(a) A person who contravenes the provisions of paragraph (d) of subsection (2) shall be guilty of an offence and shall on conviction be liable to the penalty specified in section 224.
A person who contravenes the provisions of paragraph (e) of subsection (2), shall be guilty of an offence and shall on conviction be liable to the penalty specified in section 224.
A person who contravenes the provisions of paragraph (a) of subsection (3) shall be guilty of an offence and shall on conviction, be liable to the penalty specified in section 224.”.