Pennsylvania Act 1996-118 — VEHICLE CODE (75 PA.C.S.) - AMEND

Act text

VEHICLE CODE (75 PA.C.S.) - AMEND
                  Act of Oct. 7, 1996, P.L. 688, No. 118              Cl. 75
                             Session of 1996
                               No. 1996-118

     SB 1332

                                  AN ACT

     Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
        Statutes, further providing for the determination of driver
        or applicant incompetency and for certain judicial review and
        supersedeas.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Sections 1519 and 1550(a), (b) and (c) of Title
     75 of the Pennsylvania Consolidated Statutes are amended to
     read:
      § 1519.  Determination of incompetency.
        (a)  General rule.--The department, having cause to believe
     that a licensed driver or applicant may not be physically or
     mentally qualified to be licensed, may [obtain the advice of a
     physician who shall cause an examination to be made or who shall
     designate any other qualified physician. The licensed driver or
     applicant may] require the applicant or driver to undergo one or
     more of the examinations authorized under this subchapter in
     order to determine the competency of the person to drive. The
     department may require the person to be examined by a physician
     or a licensed psychologist designated by the department or may
     require the person to undergo an examination by a physician or a
     licensed psychologist of the person's choice. If the department
     designates the physician or licensed psychologist, the licensed
     driver or applicant may, in addition, cause a written report to
     be forwarded to the department by a physician or a licensed
     psychologist of the driver's or applicant's choice. Vision
     qualifications [shall] may be determined by an optometrist or
     ophthalmologist. The department shall appoint one or more
     qualified persons who shall consider all medical reports and
     testimony [and] in order to determine the competency of the
     driver or the applicant to drive.
        (b)  Confidentiality of reports and evidence.--Reports
     received by the department for the purpose of assisting the
     department in determining whether a person is qualified to be
     licensed and reports of examinations authorized under this
     subchapter are for the confidential use of the department and
     may not be divulged to any person or used as evidence in any
     trial except that the reports [may] and statistics and
     evaluations used by the department in determining whether a
     person should be required to be examined under this subchapter
     shall be admitted in proceedings under [subsection (c) and any
     physician or optometrist conducting an examination pursuant to
     subsection (a) may be compelled to testify concerning
     observations and findings in such proceedings. The party calling
     the physician or optometrist as an expert witness shall be
     obliged to pay the reasonable fee for such testimony.] section
     1550 (relating to judicial review).
        (c)  Recall or suspension of operating privilege.--The
     department shall recall the operating privilege of any person
     whose incompetency has been established under the provisions of
     this chapter. The recall shall be for an indefinite period until
     satisfactory evidence is presented to the department in
     accordance with regulations to establish that such person is
     competent to drive a motor vehicle. The department shall suspend
     the operating privilege of any person who refuses or fails to
     comply with the requirements of this section until that person
     does comply and that person's competency to drive is
     established. Any person aggrieved by recall or suspension of the
     operating privilege may appeal in the manner provided in section
     1550 [(relating to judicial review)]. The judicial review shall
     be limited to whether the person is competent to drive in
     accordance with the provisions of the regulations promulgated
     under section 1517 (relating to Medical Advisory Board).
      § 1550.  Judicial review.
        (a)  General rule.--Any person who has been denied a driver's
     license, whose driver's license has been canceled or whose
     operating privilege has been recalled, [canceled,] suspended,
     revoked or disqualified by the department shall have the right
     to appeal to the court vested with jurisdiction of such appeals
     by or pursuant to Title 42 (relating to judiciary and judicial
     procedure). The appellant shall serve a copy of the petition for
     appeal, together with a copy of the notice of the action from
     which the appeal has been taken, upon the department's legal
     office.
        (b)  Supersedeas.--
            [(1)  In the case of a recall, suspension, cancellation
        or revocation, the filing of the petition]
            (1)  (i)  Except as provided in subparagraphs (ii) and
            (iii), filing and service of a petition for appeal from a
            suspension or revocation shall operate as a supersedeas[,
            and no recall, suspension, cancellation or revocation
            shall be imposed against such person] until final
            determination of the matter[.] by the court vested with
            the jurisdiction of such appeals.
                (ii)  The filing and service of a petition for appeal
            from denial, recall, suspension or cancellation of a
            driver's license under section 1503 (relating to persons
            ineligible for licensing), 1504 (relating to classes of
            licenses), 1509 (relating to qualifications for school
            bus driver endorsement), 1514 (relating to expiration and
            renewal of drivers' licenses), 1519 (relating to
            determination of incompetency) or 1572 (relating to
            cancellation of driver's license) shall not act as a
            supersedeas unless ordered by the court after a hearing
            attended by the petitioner.
                (iii)  Further review by another court shall not
            operate as a supersedeas unless a court of competent
            jurisdiction determines otherwise.
            (2)  In the case of a disqualification of the commercial
        operating privilege, the driver may petition to the court of
        common pleas of his county of residence, which court may
        grant a supersedeas ex parte upon a showing of reasonable
        likelihood of successful prosecution of the appeal.
        (c)  Proceedings of court.--The court shall set the matter
     for hearing upon [30 days] 60 days' written notice to the
     department and determine whether the [petitioner is in fact the
     person whose operating privilege is subject to the recall,
     suspension, cancellation, revocation or disqualification.]
     petitioner's driver's license should be denied or canceled, the
     petitioner's operating privilege should be suspended, revoked or
     recalled or the petitioner's endorsement should be removed.
        * * *
        Section 2.  The Department of Transportation shall publish in
     the Pennsylvania Bulletin guidelines for determining cause to
     initiate any of the examinations under 75 Pa.C.S. § 1519(a).
        Section 3.  This act shall take effect as follows:
            (1)  The amendment of 75 Pa.C.S. § 1519 shall take effect
        in nine months.
            (2)  Section 2 of this act shall take effect in nine
        months.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 7th day of October, A. D. 1996.

     THOMAS J. RIDGE