title 75 (ch 16) Flashcards
Requirement for commercial driver’s license.
§ 1606
(a) When required.–No person, except those specifically exempted in subsection (b), shall drive a commercial motor vehicle unless:
(1) the person has been issued a commercial driver’s license;
(2) the person’s commercial driver’s license is in his immediate possession; and
(3) the person’s commercial driver’s license was issued for the class of commercial motor vehicle operated and contains all applicable license endorsements.
(d) Penalties.–
(1) Except as provided in paragraph (6), a person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500. Except that, if the person charged furnishes satisfactory proof of having held a commercial driver’s license valid on the last day of the preceding driver’s license period and no more than 60 days have elapsed from the last date of renewal, the fine shall be $100. Except as provided in paragraph (6), every person convicted of a second or subsequent violation of subsection (a) shall be sentenced to pay a fine of not less than $500 nor more than $1,500.
(2) A person who drives a commercial motor vehicle or a school vehicle while subject to disqualification commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500. Every person convicted of a second or subsequent violation of driving a commercial motor vehicle while subject to disqualification shall be sentenced to pay a fine of not less than $500 nor more than $1,500.
(3) A person who drives a commercial motor vehicle or a school vehicle while subject to disqualification under section 1611(b) or (e) (relating to disqualification) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000 or to imprisonment for six months, or both.
(4) A person who drives a commercial motor vehicle or a school vehicle in violation of an out-of-service order issued under section 1612 (relating to commercial drivers prohibited from operating with any alcohol in system) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $2,500 for a first offense and $5,000 for a second or subsequent offense.
(5) A person who drives a commercial motor vehicle or a school vehicle in violation of an out-of-service order (other than an out-of-service order issued under section 1612) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $2,500 for a first offense and $5,000 for a second or subsequent offense.
(6) No person shall be convicted of violating subsection (a) if the person produces at the office of the issuing authority within 15 days of the violation:
(i) a commercial driver’s license valid in this Commonwealth at the time of the violation; or
(ii) if the commercial driver’s license is lost, stolen, destroyed or illegible, evidence that the driver was licensed at the time of the violation and that application for a duplicate license had been made at the time of the violation.
(7) A person who drives a commercial motor vehicle in violation of subsection (c)(1)(ii) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000.
(8) A person who drives a commercial motor vehicle in violation of subsection (c)(2) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000.
Medical certification.
§ 1609.2
(a) Requirements.–An individual who certifies that the individual operates or expects to operate a commercial motor vehicle in nonexcepted interstate commerce or nonexcepted intrastate commerce shall provide the department with an original or photographic copy of a medical examiner’s certificate prepared by a medical examiner. The medical examiner’s certificate shall be valid for up to two years from the date of the medical examination.
(b) Maintaining certification.–A CDL holder who certifies intent to operate a commercial motor vehicle in nonexcepted interstate commerce or nonexcepted intrastate commerce shall provide the department with an original or copy of a subsequently issued medical examiner’s certificate.
(c) Noncompliance with medical requirements.–
(1) This subsection applies in the following circumstances:
(i) Upon the expiration of a medical certification or a medical variance issued by the Federal Motor Carrier Safety Administration or the department.
(ii) If the Federal Motor Carrier Safety Administration notifies the department that a medical variance was rescinded.
(2) If this subsection applies, the department shall notify a nonexcepted commercial driver that the driver is no longer in conformance with the medical certification requirements and that the CDL designation will be removed from the driver’s license unless the driver:
(i) submits a current medical certificate or medical variance; or
(ii) changes the self-certification to driving only in excepted interstate commerce or excepted intrastate commerce.
Commercial and school vehicle drivers prohibited from operating with any alcohol in system
§ 1612
(a) Offense defined.–Notwithstanding any other provision of this title, a person shall not drive, operate or be in physical control of a school vehicle or a commercial motor vehicle while having any alcohol in his system.
(b) Penalty.–
(1) A person who violates subsection (a) while driving, operating or in physical control of a commercial motor vehicle commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100. A person who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in his system or who refuses to take a test to determine his alcohol content as provided by section 1613 (relating to implied consent requirements for commercial motor vehicle drivers) shall be placed out of service for 24 hours.
(2) A person who violates subsection (a) while driving, operating or in physical control of a school bus or a school vehicle commits a summary offense and shall, upon conviction, be sentenced to pay a minimum fine of $250, and, for a person convicted of a second or subsequent offense, the sentencing court shall order the person to pay a fine of $500. A person who drives, operates or is in physical control of a school bus or a school vehicle while having alcohol in his system or who refuses to take a test to determine his alcohol content as provided by section 1613 shall be placed out of service by his employer for 30 days.
