title 75 (ch 15) Flashcards
Drivers required to be licensed.
§ 1501
(a) General rule.–No person, except those expressly exempted, shall drive any motor vehicle upon a highway or public property in this Commonwealth unless the person has a driver’s license valid under the provisions of this chapter. As used in this subsection, the term “public property” includes, but is not limited to, driveways and parking lots owned or leased by the Commonwealth, a political subdivision or an agency or instrumentality of either.
(b) Persons in towed vehicles.–No person, except those expressly exempted, shall steer or, while within the passenger compartment of the vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this Commonwealth unless the person has a valid driver’s license under the provisions of this chapter for the type or class of vehicle being towed.
(c) Limitation on number of licenses.–No person shall receive a driver’s license unless and until the person surrenders to the department all valid licenses in the person’s possession issued by this or any other state. The department shall either return surrendered licenses issued by another state to that state or submit a list of the surrendered licenses to the state, together with information that the person is licensed in this Commonwealth. No person shall be permitted to have more than one valid driver’s license issued by this or any other state at any time. A nonresident who holds a nonresident commercial driver’s license issued by the Commonwealth under Chapter 16 (relating to commercial drivers) shall be permitted to have a regular driver’s license issued by the country of his residence.
(d) Penalty.–Any person violating subsection (a) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $200, except that, if the person charged furnishes satisfactory proof of having held a driver’s license valid on the last day of the preceding driver’s license period and no more than one year has elapsed from the last date for renewal, the fine shall be $25. No person charged with violating subsection (a) or (b) shall be convicted if the person produces at the office of the issuing authority within 15 days of the violation:
(1) a driver’s license valid in this Commonwealth at the time of the violation; or
(2) if the driver’s license is lost, stolen, destroyed or illegible, evidence that the driver was licensed at the time of the violation.
(July 1, 1981, P.L.202, No.63, eff. imd.; May 30, 1990
Persons ineligible for licensing; license issuance to minors; junior driver’s license
§ 1503
(a) Persons ineligible for licensing.–The department shall not issue a driver’s license to, or renew the driver’s license of, any person:
(1) Whose operating privilege is suspended or revoked in this or any other state.
(2) (Deleted by amendment).
(3) Who is a user of alcohol or any controlled substance to a degree rendering the user incapable of safely driving a motor vehicle. This paragraph does not apply to any person who is enrolled or otherwise participating in a methadone or other controlled substance treatment program approved by the Department of Health provided that the person is certified to be competent to drive by a physician designated by the Department of Health.
(4) Who has been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
(5) Whose name has been submitted under the provisions of section 1518 (relating to reports on mental or physical disabilities or disorders).
(6) Who is required by the department to take an examination until the person has successfully passed the examination.
(7) Who is under 18 years of age except in accordance with subsections (b) and (c).
(8) Who has repeatedly violated any of the provisions of this chapter. The department shall provide an opportunity for a hearing upon invoking this paragraph.
(9) Who is not a resident of this Commonwealth. This paragraph shall not apply to an employee of the Federal or State Government or the employee’s immediate family or a person in the service of the armed forces of the United States or the person’s immediate family.
(b) License issuance to minors.–The department shall issue a driver’s license to a person 17 years of age who:
(1) has successfully completed a driver’s training course approved by the department; and
(2) for a period of 12 months after passing the examination under section 1505(e) (relating to learners’ permits) and receiving a junior driver’s license:
(i) has not been involved in an accident reportable under section 3746(a) (relating to immediate notice of accident to police department) for which they are partially or fully responsible in the opinion of the department; or
(ii) has not been convicted of any violation of this title.
(c) Junior driver’s license.–The department may issue a junior driver’s license to a person 16 or 17 years of age under rules and regulations adopted by the department and subject to the provisions of this section. A junior driver’s license shall automatically become a regular driver’s license when the junior driver attains 18 years of age.
(1) Except as provided in paragraph (2), no licensed junior driver shall drive a vehicle upon a public highway between 11 p.m. and 5 a.m. unless accompanied by a spouse 18 years of age or older, a parent or a person in loco parentis.
(2) A licensed junior driver conforming to the requirements of section 1507 (relating to application for driver’s license or learner’s permit by minor) may drive a vehicle upon a public highway between 11 p.m. and 5 a.m. between the junior driver’s home and activity or employment or in the course of the junior driver’s activity or employment if the junior driver is a member of a volunteer fire company authorized by the fire chief to engage in fighting fires, is engaged in public or charitable service or is employed and is carrying an affidavit or certificate of authorization signed by the junior driver’s fire chief, supervisor or employer indicating the probable schedule of the junior driver’s activities. Upon termination of the junior driver’s activity or employment, the junior driver shall surrender the affidavit or certificate to the fire chief, supervisor or employer. If the junior driver shall fail to surrender the affidavit or certificate, the employer, fire chief or supervisor shall immediately notify the Pennsylvania State Police.
(2.1) For the first six months after issuance of the junior driver’s license, a junior driver shall not drive a vehicle with more than one passenger under 18 years of age who is not a member of the driver’s immediate family unless the junior driver is accompanied by a parent or legal guardian. After the expiration of the first six months, a junior driver shall not drive a vehicle with more than three passengers under 18 years of age who are not members of the driver’s immediate family unless the junior driver is accompanied by a parent or legal guardian. A junior driver shall not drive a vehicle with more than one passenger under 18 years of age who is not a member of the driver’s immediate family unless the junior driver is accompanied by a parent or legal guardian if the junior driver has been involved in an accident reportable under section 3746(a) for which the junior driver is partially or fully responsible in the opinion of the department or has been convicted of any violation of this title. For purposes of this paragraph, a junior driver’s immediate family shall include brothers, sisters, stepbrothers or stepsisters of the driver, including adopted or foster children residing in the same household as the junior driver.
(3) In addition to the other provisions of this title relating to the suspension or revocation of operating privileges, in the event that a licensed junior driver is involved in an accident reportable under section 3746(a) for which the junior driver is partially or fully responsible in the opinion of the department or is convicted of any violation of this title, the department may suspend the operating privileges of the junior driver until the junior driver attains 18 years of age or for a period of time not exceeding 90 days.
(4) Any junior driver or other person violating any provision of this subsection is guilty of a summary offense.
Classes of licenses.
§ 1504
(a) Proper class of license required.–No person shall drive any motor vehicle upon a highway in this Commonwealth unless the person has a valid driver’s license for the type or class of vehicle being driven.
(b) Notation of class on license.–The department upon issuing a driver’s license shall indicate on the license the type or general class or classes of vehicle or vehicles the licensee may operate in accordance with the provisions of subsection (c).
(c) Qualifications of applicants.–
(1) The department shall establish by regulation the qualifications necessary for the safe operation of the various types, sizes or combinations of vehicles and the manner of examining applicants to determine their qualifications for the type or general class of license applied for.
(2) The qualifications for the safe operation of an autocycle shall be the same as for any single vehicle with a gross vehicle weight rating of not more than 26,000 pounds or any combination of vehicles that does not meet the definition of either Class A or Class B of this section
(d) Number and description of classes.–Licenses issued by the department shall be classified in the following manner:
(1) Class A.–A Class A license shall be issued to those persons 18 years of age or older who have demonstrated their qualifications to operate any combination of vehicles with a gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds.
(i) The holder of a Class A license shall be deemed qualified to operate those vehicles for which a Class B or Class C license is issued.
(ii) Where required under this title, appropriate endorsements must be obtained.
(2) Class B.–A Class B license shall be issued to those persons 18 years of age or older who have demonstrated their qualifications to operate any single vehicle with a gross vehicle weight rating of 26,001 pounds or more or any such vehicle towing a vehicle having a gross vehicle weight rating of not more than 10,000 pounds.
(i) The holder of a Class B license shall be deemed qualified to operate those vehicles for which a Class C license is issued.
(ii) Where required under this title, appropriate endorsements must be obtained.
(3) Class C.–A Class C license shall be issued to those persons 18 years of age or older, except as provided in section 1503 (relating to persons ineligible for licensing; license issuance to minors; junior driver’s license), who have demonstrated their qualifications to operate any single vehicle, except those vehicles requiring a Class M qualification, with a gross vehicle weight rating of not more than 26,000 pounds or any combination of vehicles, except combination vehicles involving motorcycles, that does not meet the definition of either Class A or Class B of this section.
(i) Where required under this title, appropriate endorsements must be obtained.
(ii) Any firefighter who is the holder of a Class C license and who has a certificate of authorization from his fire chief shall be authorized to operate any fire or emergency vehicle registered to the fire department or municipality, regardless of the other requirements of this section as to the class of license required. No fire chief, fire department, including any volunteer fire company, or municipality shall be liable for any civil damages as a result of the issuance of a certificate authorized under this paragraph unless such act constituted a crime, actual fraud, actual malice or willful misconduct.
(iii) Any member of a rescue or emergency squad who is the holder of a Class C license and who has a certificate of authorization from the head of the rescue or emergency squad shall be authorized to operate any rescue or emergency vehicle equipped with audible and visual signals registered to the rescue or emergency squad or municipality, regardless of the other requirements of this section as to the class of license required. No head of a rescue or emergency squad, the rescue or emergency squad or municipality shall be liable for any civil damages as a result of the issuance of a certificate of authorization under this paragraph unless such issuance constituted a crime, actual fraud, actual malice or willful misconduct.
(iv) The holder of a Class C license shall also be authorized to drive a motor-driven cycle with an automatic transmission and cylinder capacity not exceeding 50 cubic centimeters, a three-wheeled motorcycle equipped with an enclosed cab or an autocycle, but not a motorcycle unless the license is endorsed, as provided in this title.
(4) Class M.–
(i) A Class M license shall be issued to those persons who have demonstrated their qualifications to operate a motorcycle. A Class M license accompanied by an endorsement shall be issued to those persons who have demonstrated their qualifications to operate a motor-driven cycle. If a person is qualified to operate only a motorcycle or motor-driven cycle, he shall be issued only a Class M license or a Class M license with an endorsement, as applicable.
(ii) This paragraph shall not apply to an autocycle.
(f) Penalty.–Except as provided under subsection (d.1), a person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of up to $200, except that, if the person charged furnishes satisfactory proof of having held the proper class of license valid on the last day of the preceding driver’s license period and no more than six months have elapsed from the last date for renewal, the fine shall be $25. No person charged with violating subsection (a) shall be convicted if the person produces at the office of the issuing authority within 15 days of the violation:
(1) a valid driver’s license for the type or class of vehicle being driven in this Commonwealth at the time of the violation; or
(2) if the driver’s license is lost, stolen, destroyed or illegible, evidence that the driver was licensed for the type or class of vehicle being driven at the time of the violation.
Learners’ permits.
§ 1505
(a) General rule.–A person who desires to obtain a driver’s license or who desires to be licensed in a class for which the person is not already licensed shall apply to the department for the class or classes of license in which the person desires to be licensed. The department shall issue to each applicant a learner’s permit which shall clearly identify the class of license applied for as provided in section 1504 (relating to classes of licenses).
(b) Learner must be accompanied.–A learner’s permit entitles the person to whom it was issued to drive vehicles and combinations of vehicles of the class or classes specified, but only while the holder of the learner’s permit is accompanied by and under the immediate supervision of a person who:
(1) is at least 21 years of age or, if the spouse of the learner’s permit holder, is at least 18 years of age; or, if a parent, guardian or person in loco parentis of the learner’s permit holder, is at least 18 years of age;
(2) is licensed to drive vehicles of the class then being driven by the holder of the learner’s permit;
(3) is actually occupying a seat beside the holder of the learner’s permit unless the vehicle is a motorcycle; and
(4) is not manifestly under the influence of alcohol or drugs to the degree that the person may endanger themselves or others.
(c) Operation of motorcycle.–A motorcycle learner’s permit entitles the person to whom it is issued to operate a motorcycle only between sunrise and sunset and, except for a driver licensed to drive another class of vehicle, only while under the instruction and immediate supervision of a licensed motorcycle operator. Motorcycle learners shall not carry any passenger other than an instructor properly licensed to operate a motorcycle.
(d) Duration of permit.–
(1) A learner’s permit shall be valid for a period of one year after date of issue, or until the holder of the permit has failed the examination as authorized in section 1508 (relating to examination of applicant for driver’s license) three times within the one-year period.
(2) A person may reapply for a motorcycle learner’s permit no more frequently than three times in a five-year period from when the person first applies. A motorcycle learner’s permit is not renewable.
Qualifications for school bus driver endorsement
§ 1509.
(a) School bus driver requirements.–No person shall be issued an endorsement to operate a school bus unless the person:
(1) has successfully completed a course of instruction as provided in subsection (c);
(2) has satisfactorily passed a physical examination to be given in accordance with rules and regulations promulgated and adopted by the department;
(3) is 18 years of age or older; and
(4) is qualified to operate school buses in accordance with this title and the rules and regulations promulgated and adopted by the department.
(b) Proof of physical and vision examination.–Every school bus driver shall carry a certificate issued by an examining physician or practitioner recognized by the department pursuant to section 1508.1 (relating to physical examinations), indicating that the person has passed the prescribed physical examination, including an examination of the eyes, within the preceding 13 months. The vision examination may be made by an optometrist or ophthalmologist.
(c) School bus driver training program.–The department shall establish standards for a basic course and a refresher course for school bus drivers. The courses shall be conducted by school districts or groups of school districts or any State or Federal transportation association of school bus operators designated by the school district on a continuing basis, with the costs and responsibility for completion of the training to be borne by the school district or private or parochial school for which the drivers operate.
Notice of change of name or address.
§ 1515.
(a) Driver’s license.–Whenever any person after applying for or receiving a driver’s license moves from the address named in the application or in the driver’s license issued or when the name of a licensee is changed, such person shall, within 15 days thereafter, notify the department of the old and new addresses or of such former and new names and of the number of any license then held by the person. The department shall be notified of a change of name in writing.
(b) Identification card.–Whenever any person after applying for or receiving a department-issued identification card moves from the address named in the application or identification card issued or when the name of a cardholder is changed, such person shall, within 15 days thereafter, notify the department of the old and new addresses or of such former and new names and of the number of any identification card then held by the person. The department shall be notified of a change of name in writing.
(c) Nonresident.–
(1) After notification from another state that the driver is licensed in that state, the department shall invalidate the Pennsylvania driver’s license.
(2) Upon notice of a change of address from a driver to an out-of-State address, the department shall not renew the driver’s license of the person until the person reestablishes residency in this Commonwealth. This paragraph shall not apply to a person who is an employee of Federal or State Government whose workplace is located out-of-State or the employee’s immediate family or to a person in the service of the armed forces of the United States or the person’s immediate family.
Carrying and exhibiting driver’s license on demand.
§ 1511
(a) General rule.–Every licensee shall possess a driver’s license issued to the licensee at all times when driving a motor vehicle and shall exhibit the license upon demand by a police officer, and when requested by the police officer the licensee shall write the licensee’s name in the presence of the officer in order to provide identity.
(b) Production to avoid penalty.–No person shall be convicted of violating this section or section 1501(a) (relating to drivers required to be licensed) if the person:
(1) produces at the headquarters of the police officer who demanded to see the person’s license, within 15 days of the demand, a driver’s license valid in this Commonwealth at the time of the demand; or
(2) if a citation has been filed, produces at the office of the issuing authority, within 15 days of the filing of the citation, a driver’s license valid in this Commonwealth on the date of the citation.
Restrictions on drivers’ licenses
§ 1512
(a) General rule.–The department upon issuing a driver’s license shall have authority whenever good cause appears to impose restrictions suitable to the licensee’s driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.
(b) Compliance with restrictions.–No person shall operate a motor vehicle in any manner in violation of the restrictions imposed.
(c) Bioptic telescope restrictions.–After an individual meets the bioptic telescope learner’s permit requirements and successfully passes a driver’s examination administered by the department, the individual may be issued a restricted license with the following restrictions:
(1) The individual’s driving privilege is limited to roads other than freeways.
(2) The individual’s driving privilege is limited to passenger vehicles weighing no more than 10,000 pounds and excludes operation of a motorcycle.
(3) If determined by the department or low-vision rehabilitation specialist to be appropriate, the individual’s driving privilege may be limited to driving within a limited radius of the individual’s residence.
(4) If the individual has visual acuity of less than 20/50 vision using bioptic telescope lenses while driving, the individual may drive in daylight hours only.
(5) If the applicant has visual acuity of 20/40 or better vision using bioptic telescope lenses while driving, the individual may apply for nighttime driving after one year, provided:
(i) the individual has committed no violations of this title and had no accidents reported during that year; and
(ii) the individual is reevaluated by a certified driving instructor or certified driver rehabilitation specialist knowledgeable in the use of bioptic telescopes for driving, and the instructor or specialist recommends allowing nighttime driving.
(6) A violation of a condition or limitation in this subsection shall result in the recall of the bioptic telescope license. An annual review of the individual’s accident and violation history shall be conducted by the department. The bioptic telescope license may be recalled if the department determines that the individual was involved in an at-fault accident or convicted of two moving violations committed within a one-year period. A bioptic telescope licensee shall be subject to an annual vision assessment to determine whether the licensee’s vision continues to meet the bioptic telescope-related vision standards in section 1505 (relating to learners’ permits).
Suspension of operating privilege for failure to respond to citation.
§ 1533
(a) Violations within Commonwealth.–The department shall suspend the operating privilege of any person who has failed to respond to a citation or summons to appear before an issuing authority or a court of competent jurisdiction of this Commonwealth for any violation of this title, other than parking, or who has failed to pay any fine, costs or restitution imposed by an issuing authority or such courts for violation of this title, other than parking, upon being duly notified by an issuing authority or a court of this Commonwealth.
(b) Violations outside Commonwealth.–The department shall suspend the operating privilege of any person who has failed to respond to a citation, summons or similar writ to appear before a court of competent jurisdiction of the United States or any state which has entered into an enforcement agreement with the department, as authorized under section 6146 (relating to enforcement agreements), for any violation of the motor vehicle laws of such state, other than parking, or who has failed to pay any fine or costs imposed by such court upon being duly notified in accordance with the laws of such jurisdiction in which the violation occurred. A person who provides proof, satisfactory to the department, that the full amount of the fine and costs has been forwarded to and received by the court shall not be regarded as having failed to respond for the purposes of this subsection.
(c) Time for responding to notice.–At least 15 days before an issuing authority or court notifies the department to impose a suspension pursuant to subsection (a), the issuing authority or court shall notify the person in writing of the requirement to respond to the citation and pay all fines, restitution and penalties imposed by the issuing authority or court.
(d) Period of suspension.–The suspension shall continue until such person shall respond to the citation, summons or writ, as the case may be, and pay all fines, restitution and penalties imposed or enter into an agreement to make installment payments for the fines, restitution and penalties imposed provided that the suspension may be reimposed by the department if the defendant fails to make regular installment payments and, if applicable, pay the fee prescribed in section 1960 (relating to reinstatement of operating privilege or vehicle registration).
(e) Remedy cumulative.–A suspension under this section shall be in addition to the requirement of withholding renewal or reinstatement of a violator’s driver’s license as prescribed in section 1503(a) (relating to persons ineligible for licensing; license issuance to minors; junior driver’s license).
Removal of points
§ 1537
(a) General rule.–Points recorded against any person shall be removed at the rate of three points for each 12 consecutive months in which such person is not under suspension or revocation or has not committed any violation which results in the assignment of points or in suspension or revocation under this chapter.
(b) Subsequent accumulation of points.–When a driver’s record is reduced to zero points and is maintained at zero points for 12 consecutive months, any accumulation of points thereafter shall be regarded as an initial accumulation of points.
Revocation of habitual offender’s license.
§ 1542
(a) General rule.–The department shall revoke the operating privilege of any person found to be a habitual offender pursuant to the provisions of this section. A “habitual offender” shall be any person whose driving record, as maintained in the department, shows that such person has accumulated the requisite number of convictions for the separate and distinct offenses described and enumerated in subsection (b) committed after the effective date of this title and within any period of five years thereafter.
(b) Offenses enumerated.–Three convictions arising from separate acts of any one or more of the following offenses committed by any person shall result in such person being designated as a habitual offender:
(1) Any violation of Subchapter B of Chapter 37 (relating to serious traffic offenses).
(1.1) Any violation of Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs) except for sections 3808(a)(1) and (b) (relating to illegally operating a motor vehicle not equipped with ignition interlock) and 3809 (relating to restriction on alcoholic beverages).
(1.2) Any violation of section 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked).
(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).
(3.1) Any violation of section 3742.1 (relating to accidents involving death or personal injury while not properly licensed).
(4) Any violation of section 3743 (relating to accidents involving damage to attended vehicle or property).
(c) Accelerative Rehabilitative Disposition as an offense.–Acceptance of Accelerative Rehabilitative Disposition for any offense enumerated in subsection (b) shall be considered an offense for the purposes of this section.
(d) Period of revocation.–The operating privilege of any person found to be a habitual offender under the provisions of this section shall be revoked by the department for a period of five years.
(e) Additional offenses.–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.
Driving while operating privilege is suspended or revoked.
§ 1543
any person who drives a motor vehicle on any highway or trafficway of this Commonwealth after the commencement of a suspension, revocation or cancellation of the operating privilege and before the operating privilege has been restored is guilty of a summary offense and shall, upon conviction or adjudication of delinquency, be sentenced to pay a fine of $200.
(b) Certain offenses.–
(1) The following shall apply:
(i) A person who drives a motor vehicle on a highway or trafficway of this Commonwealth at a time when the person’s operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or the former section 3731, because of a violation of section 1547(b)(1) (relating to suspension for refusal) or 3802 or former section 3731 or is suspended under section 1581 (relating to Driver’s License Compact) for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon a first conviction, be guilty of a summary offense and shall be sentenced to pay a fine of $500 and to undergo imprisonment for a period of not less than 60 days nor more than 90 days.
(ii) A second violation of this paragraph shall constitute a summary offense and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of $1,000 and to undergo imprisonment for not less than 90 days.
(iii) A third or subsequent violation of this paragraph shall constitute a misdemeanor of the third degree and, upon conviction of this paragraph, a person shall be sentenced to pay a fine of $2,500 and to undergo imprisonment for not less than six months.
(1.1) (i) A person who has an amount of alcohol by weight in his blood that is equal to or greater than .02% at the time of testing or who at the time of testing has in his blood any amount of a Schedule I or nonprescribed Schedule II or III controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or its metabolite or who refuses testing of blood or breath and who drives a motor vehicle on any highway or trafficway of this Commonwealth at a time when the person’s operating privilege is suspended or revoked as a condition of acceptance of Accelerated Rehabilitative Disposition for a violation of section 3802 or former section 3731 or because of a violation of section 1547(b)(1) or 3802 or former section 3731 or is suspended under section 1581 for an offense substantially similar to a violation of section 3802 or former section 3731 shall, upon a first 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.
(ii) A second violation of this paragraph shall constitute a misdemeanor of the third degree, and upon conviction thereof the person shall be sentenced to pay a fine of $2,500 and to undergo imprisonment for not less than six months.
(iii) A third or subsequent violation of this paragraph shall constitute a misdemeanor of the first degree, and upon conviction thereof the person shall be sentenced to pay a fine of $5,000 and to undergo imprisonment for not less than two years.
(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 3802 or former section 3731 or for an out-of-State offense that is substantially similar to a violation of section 3802 or former section 3731, for which a revocation is imposed under section 1581.
(c) Suspension or revocation of operating privilege.–Upon receiving a certified record of the conviction or adjudication of delinquency of any person under this section, the department shall suspend or revoke the person’s operating privilege as follows:
(1) Except as provided for under paragraph (1.1), 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.
(1.1) If the department’s records show that the person was under an indefinite suspension on the date of violation for not satisfactorily completing a driver improvement school as required under section 1538 (relating to school, examination or hearing on accumulation of points or excessive speeding), and had not been restored, the department shall suspend the person’s operating privilege for an additional 30-day 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.
(d) Citation of appropriate subsection.–Prior to filing a citation for a violation of this section with the issuing authority named in the citation, the police officer shall verify the basis for the suspension with the department. Upon receiving the verification, the officer shall cite the appropriate subsection of this section on the citation.
Occupational limited license.
§ 1553.
) Issuance.–
(1) The department shall issue an occupational limited license under the provisions of this section to a driver whose operating privileges have been suspended for a violation of this title, except for an offense under section 3802 (relating to driving under influence of alcohol or controlled substance) or under former section 3731 (relating to driving under influence of alcohol or controlled substance) or for a refusal to submit to chemical testing under section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance), and is not prohibited under any other provision in this section. If the underlying reason for the suspension was caused by violations committed while the driver was operating a commercial motor vehicle, the driver shall not be issued an occupational limited license for the purpose of operating a commercial motor vehicle. The department shall prohibit the issuance of an occupational limited license when disqualified from doing so under the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et seq.) or the Motor Carrier Safety Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1748).
(2) The department shall not issue an occupational limited license to drivers whose operating privileges have been recalled, canceled or revoked.
Chemical testing to determine amount of alcohol or controlled substance.
§ 1547.
(a) General rule.–Any person who drives, operates or is in actual physical control of the movement of a vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath or blood for the purpose of determining the alcoholic content of blood or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a vehicle in violation of section 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked), 3802 (relating to driving under influence of alcohol or controlled substance) or 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with ignition interlock).
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(b) Civil penalties for refusal.–
(1) If any person placed under arrest for a violation of section 3802 is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person as follows:
(i) Except as set forth in subparagraph (ii), for a period of 12 months.
(ii) For a period of 18 months if any of the following apply:
(A) The person’s operating privileges have previously been suspended under this subsection.
(B) The person has, prior to the refusal under this paragraph, been sentenced for:
(I) an offense under section 3802;
(II) an offense under former section 3731;
(III) an offense equivalent to an offense under subclause (I) or (II); or
(IV) a combination of the offenses set forth in this clause.
(2) It shall be the duty of the police officer to inform the person that:
(i) the person’s operating privilege will be suspended upon refusal to submit to chemical testing and the person will be subject to a restoration fee of up to $2,000; and
(ii) if the person refuses to submit to chemical breath testing, upon conviction or plea for violating section 3802(a)(1), the person will be subject to the penalties provided in section 3804(c) (relating to penalties).
(3) Any person whose operating privilege is suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspension for other reasons.
(b.1) Other civil penalties for refusal.–
(1) If any person placed under arrest for a violation of section 1543(b)(1.1) or 3808(a)(2) is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted; but, upon notice by the police officer and provided no suspension is imposed pursuant to subsection (b), the department shall suspend the operating privilege of the person for a period of six months.
(2) It shall be the duty of the police officer to inform the person that the person’s operating privileges will be suspended upon refusal to submit to chemical testing and the person will be subject to a restoration fee of up to $2,000.
(3) Notwithstanding section 3805(c) (relating to ignition interlock), if any person receives a suspension pursuant to this subsection who at the time of the offense was required to comply with the provisions of section 3805 prior to obtaining a replacement license under section 1951(d) (relating to driver’s license and learner’s license) that does not contain an ignition interlock restriction, the suspension imposed pursuant to this subsection shall result in the recall of any ignition interlock restricted license previously issued and the driver shall surrender the ignition interlock restricted license to the department and, prior to the issuance of a replacement license under section 1951(d) that does not contain an ignition interlock restriction, the department shall require that the person comply with the provisions of section 3805.
Probationary license.
§ 1554
(a) Issuance.–Unless otherwise prohibited under any other provision in this section, the department may issue a probationary license under this section to:
(1) 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
(2) 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.
