PRIOR PRINTER'S NO. 3007 PRINTER'S NO. 3269
No. 2253 Session of 1990
INTRODUCED BY GEORGE, SALOOM, FEE AND GEIST, JANUARY 29, 1990
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 27, 1990
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for surrender of license LICENSES <--
3 AND REGISTRATIONS and for period of revocation or suspension
4 of operating privilege; AND PROVIDING FOR AN ACKNOWLEDGEMENT <--
5 OF SUSPENSION OR REVOCATION AFFIRMATION.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 1376(a) and 1540(c) of Title 75 of the <--
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 1376. Surrender of registration plates and cards upon
11 suspension.
12 (a) General rule.--The department, upon suspending any
13 registration, shall require the registration plate or plates and
14 registration card to be surrendered immediately to the
15 department and may delegate authority to any authorized
16 department employee, member of the Pennsylvania State Police or
17 local police officer to seize the registration plate or plates
18 and registration card or cards.
19 (1) A member of the Pennsylvania State Police or a local
1 police officer who seizes a registration plate or card shall
2 not forward it to the department for 72 hours after the
3 seizure.
4 (2) The department shall, by regulation, prescribe the
5 manner of selecting the employees and State and local police
6 officers to seize the registration plates and registration
7 cards.
8 * * *
9 § 1540. Surrender of license.
10 * * *
11 (c) Seizure of revoked and suspended licenses.--The
12 department may delegate authority to any authorized department
13 employee, member of the Pennsylvania State Police or local
14 police officer to seize the driver's license of any person when
15 the operating privilege of that person has been revoked or
16 suspended and his driver's license has been ordered to be
17 surrendered by a court or district attorney or by the
18 department. The department shall, by regulation, prescribe the
19 manner of selecting the employees and State and local police
20 officers to seize the drivers' licenses. A member of the
21 Pennsylvania State Police or a local police officer who seizes a
22 driver's license pursuant to this section shall forward the
23 license to the court, the district attorney or the department,
24 whichever is applicable, only after waiting for a period of 72
25 hours to allow the driver to furnish proof that the seizure was
26 inappropriate.
27 SECTION 1. SECTIONS 1376 AND 1540 OF TITLE 75 OF THE <--
28 PENNSYLVANIA CONSOLIDATED STATUTES, AMENDED FEBRUARY 7, 1990
29 (P.L.11, NO.6), ARE AMENDED TO READ:
30 § 1376. SURRENDER OF REGISTRATION PLATES AND CARDS UPON
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1 SUSPENSION OR REVOCATION.
2 (A) GENERAL RULE.--THE DEPARTMENT, UPON SUSPENDING OR
3 REVOKING ANY REGISTRATION, SHALL REQUIRE THE REGISTRATION PLATE
4 OR PLATES AND REGISTRATION CARD OR CARDS TO BE SURRENDERED
5 IMMEDIATELY TO THE DEPARTMENT.
6 (A.1) RECORD OF SURRENDERED REGISTRATION PLATES AND CARDS.--
7 WHENEVER A MEMBER OF THE PENNSYLVANIA STATE POLICE OR A LOCAL
8 POLICE OFFICER SEIZES A SUSPENDED REGISTRATION PLATE OR CARD,
9 THE SUBSTATION OR MUNICIPAL POLICE OFFICE SHALL MAINTAIN THE
10 FOLLOWING INFORMATION:
11 (1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON
12 AFFECTED BY THE SURRENDER OR SEIZURE.
13 (2) THE DATE THE ITEM WAS SURRENDERED OR SEIZED.
14 (3) THE ITEM WHICH WAS SURRENDERED OR SEIZED.
15 (4) THE NAME OF THE OFFICER OR EMPLOYEE EFFECTING THE
16 SURRENDER OR SEIZURE.
17 (5) THE DATE THE ITEM WAS TRANSMITTED TO THE DEPARTMENT.
18 (B) DELEGATION OF AUTHORITY.--IF WITHIN 35 DAYS THE
19 REGISTRATION PLATES AND CARDS ARE NOT SURRENDERED UNDER
20 SUBSECTION (A), THE DEPARTMENT MAY DELEGATE AUTHORITY TO THE
21 FOLLOWING PERSONS TO SEIZE A REGISTRATION PLATE AND REGISTRATION
22 CARD WHICH ARE REQUIRED TO BE SURRENDERED UNDER SUBSECTION (A):
23 (1) A DESIGNATED DEPARTMENT EMPLOYEE.
24 (2) MEMBERS OF THE PENNSYLVANIA STATE POLICE.
25 (3) LOCAL POLICE OFFICERS.
26 (4) SHERIFFS OR DEPUTY SHERIFFS.
27 (5) CONSTABLES OR DEPUTY CONSTABLES. IF CONSTABLES AND
28 DEPUTY CONSTABLES ARE DELEGATED AUTHORITY TO SEIZE
29 REGISTRATION PLATES AND REGISTRATION CARDS UNDER THIS
30 SECTION, THEY SHALL BE COMPENSATED BY THE DEPARTMENT AT THE
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1 RATE OF $15 FOR EACH REGISTRATION PLATE AND CARD JOINTLY
2 SEIZED, PLUS MILEAGE. THE DEPARTMENT SHALL PAY A CONSTABLE OR
3 DEPUTY CONSTABLE WITHIN 30 DAYS AFTER A DOCUMENTED REQUEST
4 FOR PAYMENT IS SUBMITTED TO IT.
5 (C) REGULATIONS.--THE DEPARTMENT SHALL, BY REGULATION,
6 PRESCRIBE THE MANNER OF SELECTING THOSE PERSONS WHO ARE
7 DELEGATED AUTHORITY UNDER THIS SECTION TO SEIZE THE REGISTRATION
8 PLATES AND REGISTRATION CARDS. A MEMBER OF THE PENNSYLVANIA
9 STATE POLICE OR A LOCAL POLICE OFFICER WHO SEIZES A REGISTRATION
10 PLATE OR CARD SHALL NOT FORWARD IT TO THE DEPARTMENT FOR 72
11 HOURS AFTER THE SEIZURE.
12 (D) PENALTY.--ANY PERSON FAILING OR REFUSING TO SURRENDER TO
13 THE DEPARTMENT OR ITS AUTHORIZED DELEGATE, UPON DEMAND, ANY
14 REGISTRATION PLATE OR CARD WHICH HAS BEEN SUSPENDED OR REVOKED
15 IS GUILTY OF A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
16 SENTENCED TO PAY A FINE OF $300, PLUS COSTS. COSTS SHALL INCLUDE
17 A REASONABLE FEE FOR OFFICIAL SEIZURE OF THE UNSURRENDERED
18 ITEMS.
19 (E) WAITING PERIOD.--AN AUTHORIZED PERSON WHO SEIZES A
20 REGISTRATION PLATE OR CARD SHALL NOT FORWARD IT TO THE
21 DEPARTMENT UNTIL 72 HOURS AFTER THE SEIZURE.
22 § 1540. SURRENDER OF LICENSE.
23 (A) CONVICTION OF OFFENSE.--UPON A CONVICTION BY A COURT OF
24 COMPETENT JURISDICTION FOR ANY OFFENSE WHICH CALLS FOR MANDATORY
25 SUSPENSION IN ACCORDANCE WITH SECTION 1532 (RELATING TO
26 REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE), THE COURT OR
27 THE DISTRICT ATTORNEY SHALL REQUIRE THE SURRENDER OF ANY
28 DRIVER'S LICENSE THEN HELD BY THE DEFENDANT AND SHALL FORWARD
29 THE DRIVER'S LICENSE TOGETHER WITH A RECORD OF THE CONVICTION TO
30 THE DEPARTMENT. THE SUSPENSION OR REVOCATION SHALL BE EFFECTIVE
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1 UPON A DATE DETERMINED BY THE COURT OR DISTRICT ATTORNEY OR UPON
2 THE DATE OF SURRENDER OF THE LICENSE TO THE COURT OR DISTRICT
3 ATTORNEY, WHICHEVER SHALL FIRST OCCUR.
4 (B) SUSPENSION OR REVOCATION OF OPERATING PRIVILEGE.--UPON
5 THE SUSPENSION OR REVOCATION OF THE OPERATING PRIVILEGE OF ANY
6 PERSON BY THE DEPARTMENT, THE DEPARTMENT SHALL FORTHWITH NOTIFY
7 THE PERSON IN WRITING AT THE ADDRESS OF RECORD TO SURRENDER HIS
8 DRIVER'S LICENSE TO THE DEPARTMENT FOR THE TERM OF SUSPENSION OR
9 REVOCATION. THE SUSPENSION OR REVOCATION SHALL BE EFFECTIVE UPON
10 A DATE DETERMINED BY THE DEPARTMENT OR THE DATE OF SURRENDER OF
11 THE LICENSE TO THE DEPARTMENT IF THAT DATE IS SUBSEQUENT TO THE
12 DEPARTMENT'S NOTICE TO SURRENDER THE LICENSE, WHICHEVER OCCURS
13 FIRST. UPON SURRENDER OF THE LICENSE, THE DEPARTMENT SHALL ISSUE
14 A RECEIPT SHOWING THE DATE THAT IT RECEIVED THE LICENSE. THE
15 NOTIFICATION OF SUSPENSION PROVIDED BY THE DEPARTMENT SHALL
16 INCLUDE AN ACKNOWLEDGEMENT OF SUSPENSION OR REVOCATION
17 AFFIRMATION WHICH MAY BE RETURNED IN LIEU OF A DRIVER'S LICENSE
18 IF THE OPERATOR AFFIRMS THAT THE LICENSE IS NOT IN HIS
19 POSSESSION. IN NO CASE MAY THE ACKNOWLEDGEMENT BE USED IN LIEU
20 OF A DRIVER'S LICENSE IF THE OPERATOR HAS THE LICENSE IN HIS
21 POSSESSION.
22 (C) SEIZURE OF REVOKED AND SUSPENDED LICENSES.--
23 (1) THE DEPARTMENT MAY DELEGATE AUTHORITY TO THE
24 FOLLOWING PERSONS TO SEIZE THE DRIVER'S LICENSE OF ANY PERSON
25 WHOSE DRIVER'S LICENSE HAS BEEN ORDERED TO BE SURRENDERED BY
26 A COURT OR DISTRICT ATTORNEY OR BY THE DEPARTMENT:
27 (I) A DESIGNATED DEPARTMENT EMPLOYEE.
28 (II) MEMBERS OF THE PENNSYLVANIA STATE POLICE.
29 (III) LOCAL POLICE OFFICERS.
30 (IV) SHERIFFS OR DEPUTY SHERIFFS.
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1 (V) CONSTABLES OR DEPUTY CONSTABLES. IF CONSTABLES
2 AND DEPUTY CONSTABLES ARE DELEGATED AUTHORITY TO SEIZE
3 DRIVERS' LICENSES UNDER THIS SUBSECTION, THEY SHALL BE
4 COMPENSATED BY THE DEPARTMENT AT THE RATE OF $15 FOR EACH
5 DRIVER'S LICENSE SEIZED, PLUS MILEAGE. THE DEPARTMENT
6 SHALL PAY A CONSTABLE OR DEPUTY CONSTABLE WITHIN 30 DAYS
7 AFTER A DOCUMENTED REQUEST IS SUBMITTED TO IT.
8 (2) THE DEPARTMENT SHALL, BY REGULATION, PRESCRIBE THE
9 MANNER OF SELECTING THOSE PERSONS WHO ARE DELEGATED AUTHORITY
10 UNDER THIS SUBSECTION TO SEIZE THE DRIVERS' LICENSES. A
11 MEMBER OF THE PENNSYLVANIA STATE POLICE OR A LOCAL POLICE
12 OFFICER WHO SEIZES A DRIVER'S LICENSE PURSUANT TO THIS
13 SECTION SHALL FORWARD THE LICENSE TO THE COURT, THE DISTRICT
14 ATTORNEY OR THE DEPARTMENT, WHICHEVER IS APPLICABLE, ONLY
15 AFTER WAITING FOR A PERIOD OF 72 HOURS TO ALLOW THE DRIVER TO
16 FURNISH PROOF THAT THE SEIZURE WAS INAPPROPRIATE.
17 (3) AN AUTHORIZED PERSON WHO SEIZES A DRIVER'S LICENSE
18 PURSUANT TO THIS SECTION SHALL FORWARD THE LICENSE TO THE
19 DEPARTMENT ONLY AFTER WAITING FOR A PERIOD OF 72 HOURS TO
20 ALLOW THE DRIVER TO FURNISH PROOF THAT THE SEIZURE WAS
21 INAPPROPRIATE.
22 (D) RECORD OF SURRENDERED LICENSE.--WHENEVER A MEMBER OF THE
23 PENNSYLVANIA STATE POLICE OR A LOCAL POLICE OFFICER SEIZES A
24 SUSPENDED REGISTRATION PLATE OR CARD, THE SUBSTATION OR
25 MUNICIPAL POLICE OFFICE SHALL MAINTAIN THE FOLLOWING
26 INFORMATION:
27 (1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE PERSON
28 AFFECTED BY THE SURRENDER OR SEIZURE.
29 (2) THE DATE THE ITEM WAS SURRENDERED OR SEIZED.
30 (3) THE ITEM WHICH WAS SURRENDERED OR SEIZED.
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1 (4) THE NAME OF THE OFFICER OR EMPLOYEE EFFECTING THE
2 SURRENDER OR SEIZURE.
3 (5) THE DATE THE ITEM WAS TRANSMITTED TO THE DEPARTMENT.
4 Section 2. Section 1541(a) of Title 75 is amended and the
5 section is amended by adding a subsection to read:
6 § 1541. Period of revocation or suspension of operating
7 privilege.
8 (a) Commencement of period.--The period of revocation or
9 suspension of the operating privilege shall commence as provided
10 for in section 1540 (relating to surrender of license). No
11 credit toward the revocation or suspension shall be earned until
12 the driver's license is surrendered to the department, [the <--
13 court or the district attorney, as the case may be], except <--
14 where the license will expire within 90 days, in which case the
15 suspension shall commence upon expiration of the license OR THE <--
16 ACKNOWLEDGEMENT OF SUSPENSION OR REVOCATION IS RECEIVED BY THE
17 DEPARTMENT, WHICHEVER IS APPLICABLE. [A nonresident licensed <--
18 driver or an unlicensed driver shall submit an acknowledgment of
19 suspension or revocation, WHICH SHALL BE PROVIDED BY THE <--
20 DEPARTMENT WITH THE NOTIFICATION OF SUSPENSION OR REVOCATION, to
21 the department in lieu of a driver's license.] The department <--
22 may, upon request of the person whose license is suspended,
23 delay the commencement of the period of suspension for a period
24 not exceeding six months whenever the department determines that
25 failure to grant the extension will result in hardship to the
26 person whose license has been suspended.
27 * * *
28 (b.1) Restoration of suspended operating privilege.--If a
29 suspended driver's license is still valid upon expiration of a
30 suspension of the operating privilege, the department shall
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1 return the license or a duplicate to the driver at no cost
2 except payment of the required restoration fee, PROVIDED THAT <--
3 THE DRIVER HAS COMPLIED, IN FULL, WITH SECTION 1540 BY
4 SURRENDERING A VALID DRIVER'S LICENSE TO THE DEPARTMENT.
5 * * *
6 Section 3. This act shall take effect in 60 days.
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