PRINTER'S NO. 1815
No. 1607 Session of 1993
INTRODUCED BY FAJT, GORDNER, LAUB, ROONEY, HERSHEY, PETTIT,
VEON, TULLI, CURRY, NYCE, PESCI, MELIO, DURHAM, KUKOVICH,
EGOLF, TIGUE, GODSHALL, ARMSTRONG, BELFANTI, STERN, MASLAND,
TRELLO, CIVERA, KASUNIC, MURPHY, MICHLOVIC, KAISER, GAMBLE,
PISTELLA, HESS AND D. W. SNYDER, MAY 10, 1993
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 10, 1993
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, requiring a due process hearing prior to suspension
3 of a driver's license under certain circumstances.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1519 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 1519. Determination of incompetency.
9 (a) General rule.--The department, after a due process
10 hearing held in accordance with subsection (d), having cause to
11 believe that a licensed driver or applicant may not be
12 physically or mentally qualified to be licensed, may obtain the
13 advice of a physician who shall cause an examination to be made
14 or who shall designate any other qualified physician. The
15 licensed driver or applicant may cause a written report to be
16 forwarded to the department by a physician of the driver's or
17 applicant's choice. Vision qualifications shall be determined by
1 an optometrist or ophthalmologist. The department shall appoint
2 one or more qualified persons who shall consider all medical
3 reports and testimony and determine the competency of the driver
4 or the applicant to drive.
5 (b) Confidentiality of reports and evidence.--Reports
6 received by the department for the purpose of assisting the
7 department in determining whether a person is qualified to be
8 licensed are for the confidential use of the department and may
9 not be divulged to any person or used as evidence in any trial
10 except that the reports may be admitted in proceedings under
11 subsection (c) and any physician or optometrist conducting an
12 examination pursuant to subsection (a) may be compelled to
13 testify concerning observations and findings in such
14 proceedings. The party calling the physician or optometrist as
15 an expert witness shall be obliged to pay the reasonable fee for
16 such testimony.
17 (c) Recall of operating privilege.--The department shall
18 recall the operating privilege of any person whose incompetency
19 has been established under the provisions of this chapter. The
20 recall shall be for an indefinite period until satisfactory
21 evidence is presented to the department in accordance with
22 regulations to establish that such person is competent to drive
23 a motor vehicle. Any person aggrieved by recall of the operating
24 privilege may appeal in the manner provided in section 1550
25 (relating to judicial review).
26 (d) Hearing.--The department shall provide a due process
27 hearing to any individual who so requests prior to any decision
28 involving the suspension of his license. The hearing shall be
29 held pursuant to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice
30 and procedure of Commonwealth agencies) and 7 (relating to
19930H1607B1815 - 2 -
1 judicial review).
2 Section 2. This act shall take effect in 60 days.
D16L75JLW/19930H1607B1815 - 3 -