act-1994-0-143•Pennsylvania Act 1994-143 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 1994-143 — VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
act-1994-0-1431994 Pa. Act 143Law
Act text
VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 12, 1994, P.L. 1048, No. 143 Cl. 75
Session of 1994
No. 1994-143
HB 1950
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for revocation or suspension of
operating privilege, for revocation of habitual offender's
license and for occupational limited license; and providing
for probationary license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1532(b)(2) and (4) of Title 75 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 1532. Revocation or suspension of operating privilege.
* * *
(b) Suspension.--
* * *
(2) The department shall suspend the operating privilege
of any driver for six months upon receiving a certified
record of the driver's conviction of a subsequent offense
under [the following provisions:
Section] section 1501(a) (relating to drivers
required to be licensed) if the prior offense occurred
within five years of the violation date of the subsequent
offense.
[Section 1543 (relating to driving while operating
privilege is suspended or revoked).]
* * *
[(4) This subsection does not effect an additional
period of revocation of the operating privileges of a driver
who receives an additional period of revocation for a second
or subsequent violation of section 1543.]
(4) The department shall suspend the operating privilege
of any driver for three months upon receiving a certified
record of the driver's conviction of section 1371 (relating
to operation following suspension of registration) or an
adjudication of delinquency based on section 1371.
* * *
(d) Additional suspension.--The department shall suspend the
operating privilege of any person upon receiving a certified
record of the driver's conviction, adjudication of delinquency
or admission into a preadjudication program for a violation
under 18 Pa.C.S. § 6307 (relating to misrepresentation of age to
secure liquor or malt or brewed beverages), 6308 (relating to
purchase, consumption, possession or transportation of liquor or
malt or brewed beverages) or 6310.3 (relating to carrying a
false identification card). The duration of the suspension shall
be as follows:
(1) For a first offense, the department shall impose a
suspension for a period of 90 days.
(2) For a second offense, the department shall impose a
suspension for a period of one year.
(3) For a third and subsequent offense, the department
shall impose a suspension for a period of two years. Any
multiple suspensions imposed shall be served consecutively.
Courts may certify the conviction, adjudication of delinquency
or admission into the preadjudication program on the same form
used to submit the order of suspension required under the
provisions of 18 Pa.C.S. § 6310.4 (relating to restriction of
operating privileges). Wherever practicable, the suspension
imposed under this section shall be made concurrent with the
suspension imposed under the provisions of 18 Pa.C.S. § 6310.4.
All offenses committed on or after May 23, 1988, shall be
included in considering whether an offense is a first, second,
third or subsequent offense.
Section 2. Sections 1541(a), 1542(b) and (e), 1543(b) and
(c) and 1553(b), (d), (e) and (h) of Title 75 are amended to
read:
§ 1541. Period of revocation or suspension of operating
privilege.
(a) Commencement of period.--The period of disqualification,
revocation or suspension of the operating privilege shall
commence as provided for in section 1540 (relating to surrender
of license). No credit toward the revocation or suspension shall
be earned until the driver's license is surrendered to the
department, the court or the district attorney, as the case may
be. A nonresident licensed driver or an unlicensed driver,
including a driver whose license has expired, shall submit an
acknowledgment of suspension or revocation to the department in
lieu of a driver's license[.], except for the suspension of the
operating privilege of an unlicensed driver under 16 years of
age, in which case the suspension shall commence automatically
upon the individual's 16th birthday for the specified period if
an acknowledgment is received any time prior to the individual's
16th birthday. If a licensed driver is not in possession of his
driver's license, no credit toward the disqualification,
revocation or suspension shall be earned until a sworn affidavit
or a form prescribed by the department is surrendered to the
department swearing that the driver is not in possession of his
driver's license. Such credit shall be rescinded if it is later
determined that the driver was untruthful in the affidavit.
Credit shall also be revoked if a person surrenders a duplicate
license and it is later determined that the person was still in
possession of an earlier issued, unexpired license. The
department may, upon request of the person whose license is
suspended, delay the commencement of the period of suspension
for a period not exceeding six months whenever the department
determines that failure to grant the extension will result in
hardship to the person whose license has been suspended.
* * *
§ 1542. Revocation of habitual offender's license.
* * *
(b) Offenses enumerated.--Three convictions arising from
separate acts of any one or more of the following offenses
committed [either singularly or in combination] by any person
shall result in such person being designated as a habitual
offender:
[(1) Any offense set forth in section 1532 (relating to
revocation or suspension of operating privilege).
(2) Operation following suspension of registration as
defined in section 1371 (relating to operation following
suspension of registration).
(3) Making use of or operating any vehicle without the
knowledge or consent of the owner or custodian thereof.
(4) Utilizing a vehicle in the unlawful transportation
or unlawful sale of alcohol or any controlled substance.
(5) Any felony in the commission of which a court
determines that a vehicle was essentially involved.]
(1) Any violation of Subchapter B of Chapter 37
(relating to serious traffic offenses).
(2) Any violation of section 3367 (relating to racing on
highways).
(3) Any violation of section 3742 (relating to accidents
involving death or personal injury).
(4) Any violation of section 3743 (relating to accidents
involving damage to attended vehicle or property).
* * *
(e) Additional offenses.--[Any] Each additional offense
committed within a period of five years, as measured from the
date of any previous offense, shall result in a revocation for
an additional period of two years.
§ 1543. Driving while operating privilege is suspended or
revoked.
* * *
(b) Certain offenses.--
(1) Any person who drives a motor vehicle on any highway
or trafficway of this Commonwealth at a time when their
operating privilege is suspended or revoked as a condition of
acceptance of Accelerated Rehabilitative Disposition for a
violation of section 3731 (relating to driving under
influence of alcohol or controlled substance) or because of a
violation of section 1547(b)(1) (relating to suspension for
refusal) or 3731 shall, upon conviction, be guilty of a
summary offense and shall be sentenced to pay a fine of
$1,000 and to undergo imprisonment for a period of not less
than 90 days.
(2) This subsection shall apply to any person against
whom one of these suspensions has been imposed whether the
person is currently serving this suspension or whether the
effective date of suspension has been deferred under any of
the provisions of section 1544 (relating to additional period
of revocation or suspension). This provision shall also apply
until the person has had the operating privilege restored.
This subsection shall also apply to any revocation imposed
pursuant to section 1542 (relating to revocation of habitual
offender's license) if any of the enumerated offenses was for
a violation of section 3731.
(c) Suspension or revocation of operating privilege.--Upon
receiving a certified record of the conviction of any person
under this section, the department shall suspend or revoke that
person's operating privilege as follows:
(1) If the department's records show that the person was
under suspension, recall or cancellation on the date of
violation, and had not been restored, the department shall
suspend the person's operating privilege for an additional
one-year period.
(2) If the department's records show that the person was
under revocation on the date of violation, and had not been
restored, the department shall revoke the person's operating
privilege for an additional two-year period.
* * *
§ 1553. Occupational limited license.
* * *
(b) Petition.--
(1) The applicant for an occupational limited license
must file a petition with the department, by certified mail,
setting forth in detail the need for operating a motor
vehicle. The petition shall be on a form prescribed by the
department and shall identify the specific motor vehicle or
vehicles the petitioner seeks permission to operate. The
petition shall include an explanation as to why the operation
of a motor vehicle is essential to the petitioner's
occupation, work, trade or study. The petition shall identify
the petitioner's employer and shall include proof of
financial responsibility covering all vehicles which the
petitioner requests to be allowed to operate. The department
may require additional information as well as additional
evidence to verify the information contained in the petition.
(2) The petitioner shall surrender his driver's license
in accordance with section 1540 (relating to surrender of
license). If the petitioner's driver's license has been lost
or stolen, the petitioner shall submit an application for a
replacement license, along with the proper fee. If the
petitioner is a nonresident licensed driver, the petitioner
shall submit an acknowledgment of suspension in lieu of a
driver's license. If the petitioner's license has expired,
the petitioner shall submit an application for renewal, along
with the appropriate fee. All fines, costs and restoration
fees must be paid at the time of petition.
(3) Consistent with the provisions of this section, the
department shall issue an occupational limited license to the
applicant within 20 days of receipt of the petition.
(4) (i) A person whose operating privilege has been
suspended for a conviction of section 1543 (relating to
driving while operating privilege is suspended or
revoked) may not petition for an occupational limited
license unless department records show that the
suspension for a conviction of section 1543 occurred only
as the result of:
(A) a suspension for failure to respond to a
citation imposed under the authority of section 1533
(relating to suspension of operating privilege for
failure to respond to citation) or 6146 (relating to
enforcement agreements)
(B) a suspension for failure to undergo a
special examination imposed under the authority of
section 1538(a) (relating to school, examination or
hearing on accumulation of points or excessive
speeding); or
(C) a suspension for failure to attend a
departmental hearing imposed under the authority of
section 1538(b).
(ii) The petition may not be filed until three months
have been served for the suspension under section 1543(a).
* * *
(d) Unauthorized issuance.--The department shall prohibit
issuance of an occupational limited license to:
(1) A driver who is not licensed to drive by this or any
other state.
(2) Any person who is required by this title to take an
examination and who has failed to take and pass such an
examination.
(3) Any person who has an unsatisfied judgment against
him as the result of a motor vehicle operation, until such
judgment has been satisfied under the provisions of section
1774 (relating to payments sufficient to satisfy judgments)
or an installment agreement has been entered into to satisfy
the judgment as permitted under section 1772(b) (relating to
suspension for nonpayment of judgments) or 1775 (relating to
installment payment of judgments) [or] and the financial
responsibility of such person has been established.
(4) Any person applying for [a] an occupational limited
license to operate a commercial motor vehicle [who has had
his] whose commercial driver's license privilege is
disqualified under the provisions of section 1611 (relating
to disqualification).
(5) Any person who, at the time he applies for an
occupational limited license, has previously been granted
such a privilege within the period of five years next
preceding such application.
(6) Any person who has been adjudicated delinquent or
convicted of driving under the influence of alcohol or
controlled substance unless the suspension or revocation
imposed for that conviction has been fully served.
(7) Any person whose [license] operating privilege has
been suspended for refusal to submit to chemical testing to
determine the amount of alcohol or controlled substance
unless that suspension has been fully served.
(8) Any person who has been granted a consent decree or
Accelerated Rehabilitative Disposition for driving under the
influence of alcohol or controlled substance and whose
license has been suspended by the department unless the
suspension imposed has been fully served.
(9) Any person whose [license] operating privilege has
been suspended for a violation of 18 Pa.C.S. § 6308 (relating
to purchase, consumption, possession or transportation of
liquor or malt or brewed beverages) unless the suspension
imposed has been fully served.
(10) Any person whose [license] operating privilege has
been suspended pursuant to either section 13(m) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, or section 1532(c)
(relating to revocation or suspension of operating privilege)
unless the suspension imposed has been fully served.
(11) Any person [who has been convicted of any offense
under the following provisions:] whose operating privilege
has been suspended or revoked as the result of a conviction
of or as a result of a court order in conjunction with an
adjudication of delinquency or the granting of a consent
decree for any offense under the following provisions, unless
the suspension or revocation has been fully served:
[Section 1543 (relating to driving while operating
privilege is suspended or revoked).]
Section 3345(a) (relating to meeting or overtaking
school bus).
Section 3367 (relating to racing on highways).
Section 3733 (relating to fleeing or attempting to
elude police officer).
Section 3734 (relating to driving without lights to
avoid identification or arrest).
Section 3736 (relating to reckless driving).
Section 3742 (relating to accidents involving death
or personal injury).
Section 3743 (relating to accidents involving damage
to attended vehicle or property).
(12) Any person whose [license has been] operating
privilege is currently suspended for failure to respond to a
citation pursuant to section 1533 [(relating to suspension of
operating privilege for failure to respond to citation)] or
6146.
(13) Any person whose [license has been] operating
privilege is currently suspended pursuant to section 1784
(relating to proof of financial responsibility following
violation), 1785 (relating to proof of financial
responsibility following accident) or 1786 (relating to
required financial responsibility).
(14) Any person whose [license has been] operating
privilege is currently suspended for failure to attend and
satisfactorily complete a driver improvement course or
failure to attend a hearing required under section 1538
[(relating to school, examination or hearing on accumulation
of points or excessive speeding)].
(15) Any person whose operating privilege has been
suspended for a conviction of section 1543 unless department
records show that the suspension for a conviction of section
1543 occurred only as a result of:
(i) a suspension for failure to respond to a
citation imposed under the authority of section 1533 or
6146;
(ii) a suspension for failure to undergo a special
examination imposed under the authority of section
1538(a); or
(iii) a suspension for failure to attend a
departmental hearing imposed under the authority of
section 1538(b).
(16) Any person whose operating privilege has been
suspended under an interjurisdictional agreement as provided
for in section 6146 as the result of a conviction or
adjudication if the conviction or adjudication for an
equivalent offense in this Commonwealth would have prohibited
the issuance of an occupational limited license.
(e) Offenses committed during a period for which an
occupational limited license has been issued.--Any driver who
[is eligible for] has been issued an occupational limited
license and [is convicted of any offense listed in section 1535
(relating to schedule of convictions and points) or any] as to
whom the department receives a report of conviction of an
offense for which the penalty is a cancellation,
disqualification, recall, suspension or revocation of operating
privileges shall [not be issued an occupational limited license,
or, if such driver has been issued a limited license, the
department shall immediately recall and] have the occupational
limited license recalled, and the driver shall surrender the
limited license to the department or its agents [as the
department may designate] designated under the authority of
section 1540.
* * *
(h) Appeal from denial or recall of occupational limited
license.--
[(1) Any driver who is eligible under this section for
an occupational limited license and who, after petitioning
the department,] Any driver who is denied an occupational
limited license or whose occupational limited license is
recalled may file with the department a petition for a
hearing. [Such] The hearing shall be conducted in accordance
with Title 2 (relating to administrative law and procedure).
The department may charge a reasonable fee based on the cost
to the department for conducting such a hearing.
[(2) If a court] The appeal shall not operate as an
automatic supersedeas. If an administrative hearing officer
orders a supersedeas in any appeal, the petitioner shall earn
no credit towards serving the suspension for which the
petitioner was granted an occupational limited license. An
appeal from a decision of an administrative hearing officer
may be taken in the manner provided in 42 Pa.C.S. § 763(a)
(relating to direct appeals from government agencies).
Appeals under this subchapter are exempt from the provisions
of section 1550(b) (relating to judicial review) and from the
provisions of 42 Pa.C.S. § 933 (relating to appeals from
government agencies).
Section 3. Title 75 is amended by adding a section to read:
§ 1554. Probationary license.
(a) Issuance.--Unless otherwise prohibited under any other
provision in this section, the department may issue a
probationary license under this section to a person who has been
designated as a habitual offender under section 1542 (relating
to revocation of habitual offender's license) and whose
operating privilege has been revoked or to a person with an
accumulation of suspensions or revocations wherein the
cumulative term of suspension or revocation is five or more
years. The department may issue a probationary license for the
operation of only a Class C noncommercial motor vehicle.
(b) Petition.--
(1) An applicant for a probationary license must file a
petition with the department by certified mail setting forth
in detail the need for operating a motor vehicle. The
petition shall be on a form prescribed by the department and
shall identify the specific motor vehicles the petitioner
seeks permission to operate. The petition shall include the
operator's name, address and operator number and proof of
financial responsibility. The department may require
additional information as well as verification of the
information contained in the petition. All fines, costs and
restoration fees must be paid at the time of the petition.
(2) Before being eligible to petition for a probationary
license, a person must have served and earned credit toward
serving the following terms of suspension or revocation for
offenses enumerated in sections 1532 (relating to revocation
or suspension of operating privilege), 1539 (relating to
suspension of operating privilege on accumulation of points)
and 1543 (relating to driving while operating privilege is
suspended or revoked):
(i) A person with one to seven offenses must have
earned credit for at least a three-year term of
suspension or revocation.
(ii) A person with 8 to 14 offenses must have earned
credit for at least a four-year term of suspension or
revocation.
(iii) A person with 15 to 21 offenses must have
earned credit for at least a five-year term of suspension
or revocation.
(iv) A person with 22 or more offenses must have
earned credit for at least a six-year term of suspension
or revocation.
(3) The applicant must prove to the satisfaction of the
department that the applicant has not driven a motor vehicle
during the minimum period of suspension or revocation.
(c) Fee.--The fee for applying for a probationary license
shall be $25. The fee shall be nonrefundable. The annual fee for
issuance of a probationary license shall be $50, plus the cost
of the photograph required in section 1510(a) (relating to
issuance and content of driver's license), which shall be in
addition to all other licensing fees.
(d) Initial issuance.--
(1) Prior to issuance of a probationary license, the
petitioner must be interviewed at a departmental review
session.
(2) The department may require the petitioner to
satisfactorily complete one or more of the following:
(i) A driver improvement program, the cost of the
program to be borne by the petitioner.
(ii) Any examination as provided for in section 1508
(relating to examination of applicant for driver's
license).
(iii) A special examination that addresses knowledge
of safe driving practices, departmental sanctions and
related safety issues.
(3) The probationary license shall be issued only upon
recommendation of the department.
(e) Renewal.--The department may require a probationary
license holder to attend a departmental review session and to
satisfactorily complete a driver improvement program or special
examination preceding renewal of the probationary license.
(f) Unauthorized issuance.--The department shall not issue a
probationary license to:
(1) A person who has not fully served a minimum term of
suspension or revocation under the provisions of subsection
(b)(2).
(2) A person who is not licensed to drive by this or any
other state.
(3) A person whose operating privilege is currently
suspended under section 1533 (relating to suspension of
operating privilege for failure to respond to citation) or
6146 (relating to enforcement agreements).
(4) A person whose operating privilege is currently
suspended for failure to attend and satisfactorily complete a
driver improvement course or special examination or failure
to attend a hearing required under section 1538 (relating to
school, examination or hearing on accumulation of points or
excessive speeding).
(5) A person against whom there is an unsatisfied
judgment resulting from the operation of a motor vehicle,
until the judgment has been satisfied under the provisions of
section 1774 (relating to payments sufficient to satisfy
judgments) or an installment agreement has been entered into
to satisfy the judgment as permitted under section 1772(b)
(relating to suspension for nonpayment of judgments) or 1775
(relating to installment payment of judgments) and the
financial responsibility of the person has been established.
(6) A person whose operating privilege is currently
suspended under section 1784 (relating to proof of financial
responsibility following violation), 1785 (relating to proof
of financial responsibility following accident) or 1786
(relating to required financial responsibility).
(7) A person who has previously been issued a
probationary license.
(8) A person who has been convicted of a violation of
section 3731 (relating to driving under influence of alcohol
or controlled substance) within the preceding seven years.
(9) A person who has been suspended for refusal to
submit to chemical testing to determine the amount of alcohol
or controlled substance within the preceding seven years.
(10) A person who has been granted Accelerated
Rehabilitative Disposition for the offense of driving under
the influence of alcohol or a controlled substance within the
preceding seven years.
(11) A person who has ever been convicted of a violation
of section 3732 (relating to homicide by vehicle) or 3735
(relating to homicide by vehicle while driving under
influence).
(12) A person convicted of a violation of section
1543(b) within the preceding seven years.
(g) Offenses committed during a period for which a
probationary license has been issued.--
(1) If a person who has been issued a probationary
license is convicted of any of the offenses enumerated in
section 1535 (relating to schedule of convictions and
points), the probationary license shall be recalled for 30
days for each point accumulated, and the person shall
surrender the probationary license to the department or its
agents designated under the authority of section 1540
(relating to surrender of license).
(2) If a person who has been issued a probationary
license is convicted, adjudicated delinquent or admitted to
any preadjudication program for an offense for which the
penalty is suspension, cancellation, disqualification or
revocation of the operating privilege, the probationary
license shall be canceled, and the person shall surrender the
probationary license to the department or its agents
designated under the authority of section 1540.
(h) Restrictions on use of probationary license.--
(1) For the first three years after initial issuance of
a probationary license, the person who has been issued the
probationary license shall operate only the specific motor
vehicles identified in the petition filed with the department
and only between the hours of 6 a.m. and 7 p.m. or such later
hour as may be agreed to by the department.
(2) Any person who violates the conditions of issuance
or restrictions of a probationary license commits a summary
offense and shall, upon conviction, be sentenced to pay a
fine of $500, and the department shall recall the
probationary license for a period of one year.
(i) Term of license.--A probationary license shall be valid
for a period of one year from the date of issuance. If the
driver has complied with the provisions of this section, the
license may be renewed on an annual basis.
(j) Appeal from cancellation, denial or recall of
probationary license.--
(1) A person who is denied a probationary license or
whose probationary license is canceled or recalled may file
with the department a petition for a hearing.
(2) The hearing shall be conducted in accordance with 2
Pa.C.S. (relating to administrative law and procedure).
(3) The department may charge a reasonable fee based on
the cost to the department for the hearing.
(4) The appeal shall not operate as an automatic
supersedeas. If the administrative hearing officer orders a
supersedeas, the petitioner shall earn no credit towards
serving the suspension for which the petitioner was granted a
probationary license.
(5) An appeal from a decision of an administrative
hearing officer may be taken in the manner provided in 42
Pa.C.S. § 763(a) (relating to direct appeals from government
agencies). Such appeals are exempt from the provisions of
section 1550(b) (relating to judicial review) and from the
provisions of 42 Pa.C.S. § 933 (relating to appeals from
government agencies).
(k) Limitation.--A person to whom a probationary license is
issued for six consecutive years shall be eligible to apply for
a regular driver's license at the fee prescribed by section
1951(a) (relating to driver's license and learner's permit) upon
satisfactory completion of the sixth year of the probationary
license.
Section 4. (a) For drivers who were designated as habitual
offenders prior to the effective date of this amendatory act
solely as a result of convictions of 75 Pa.C.S. § 1501 or 1543
and for whom departmental records show that the suspensions for
convictions of 75 Pa.C.S. § 1543 occurred only as a result of a
suspension imposed under the authority of 75 Pa.C.S. § 1533,
1538(a) or (b) or 6146, the Department of Transportation may
remove these drivers from habitual offender status and require
only that they complete the other sanctions associated with the
75 Pa.C.S. § 1543 convictions. Such persons may petition the
department for removal from habitual offender status and, if
they are eligible for removal, shall no longer be designated as
habitual offenders.
(b) For drivers who were designated as habitual offenders
prior to the effective date of this amendatory act and who would
no longer be designated as habitual offenders under the
provisions of this act, the department may remove these drivers
from habitual offender status and require only that they
complete the other sanctions associated with those convictions.
Such persons may petition the department for removal from
habitual offender status and, if they are eligible for removal,
shall no longer be designated as habitual offenders.
Section 5. This act shall take effect in nine months.
APPROVED--The 12th day of December, A. D. 1994.
ROBERT P. CASEY
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