HOUSE AMENDED
PRIOR PRINTER'S NOS. 522, 912, 956 PRINTER'S NO. 1759
No. 498 Session of 1989
INTRODUCED BY WILT, SCANLON, SALVATORE, ANDREZESKI AND MADIGAN,
FEBRUARY 10, 1989
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 4, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, PROVIDING FOR COMMERCIAL DRIVERS; FURTHER PROVIDING <--
3 FOR BUSES, FOR EXEMPTIONS FROM LICENSING, FOR CLASSES OF
4 LICENSES, FOR SCHOOL BUS DRIVERS, FOR ISSUANCE AND CONTENT OF
5 DRIVER'S LICENSE, FOR REVOCATION OR SUSPENSION OF OPERATING
6 PRIVILEGE, FOR SCHEDULE OF CONVICTIONS AND POINTS, FOR
7 SURRENDER OF LICENSE, FOR CHEMICAL TESTING TO DETERMINE
8 AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE, FOR JUDICIAL
9 REVIEW, FOR VIOLATIONS CONCERNING LICENSES, FOR DRIVING UNDER
10 FOREIGN LICENSE DURING SUSPENSION OR REVOCATION; authorizing
11 dealers of motor carrier vehicles and designated agents of
12 the Department of Transportation to be agents for the
13 Department of Revenue for certain purposes relating to the
14 motor carrier road tax identification marker; and further <--
15 providing for penalties for operation of certain vehicles
16 without required identification markers, FOR RECKLESS <--
17 DRIVING, FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR
18 CONTROLLED SUBSTANCE, FOR ENFORCEMENT AGREEMENTS AND FOR
19 REPORTS BY COURTS; AND PROVIDING FOR CARELESS DRIVING.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 2102(c) of Title 75 of the Pennsylvania <--
23 Consolidated Statutes is amended to read:
24 SECTION 1. THE DEFINITIONS OF "BUS," "PASSENGER CAR" AND <--
25 "SCHOOL BUS" IN SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA
1 CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION IS AMENDED BY
2 ADDING A DEFINITION TO READ:
3 § 102. DEFINITIONS.
4 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
5 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
6 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
7 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
8 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
9 * * *
10 "BUS."
11 [(1) AT ALL TIMES PRIOR TO JULY 1, 1986, A MOTOR VEHICLE
12 DESIGNED FOR CARRYING MORE THAN TEN PASSENGERS, EXCLUSIVE OF
13 THE DRIVER, AND USED FOR THE TRANSPORTATION OF PERSONS AND A
14 MOTOR VEHICLE, OTHER THAN A TAXICAB, DESIGNED AND USED FOR
15 THE TRANSPORTATION OF PERSONS FOR COMPENSATION.
16 (2) ON AND AFTER JULY 1, 1986, A MOTOR VEHICLE DESIGNED
17 FOR CARRYING MORE THAN TEN PERSONS, INCLUDING THE DRIVER, AND
18 USED FOR THE TRANSPORTATION OF PERSONS AND A MOTOR VEHICLE,
19 OTHER THAN A TAXICAB, DESIGNED AND USED FOR THE
20 TRANSPORTATION OF PERSONS FOR COMPENSATION. THE TERM DOES NOT
21 INCLUDE A VEHICLE OWNED BY A NATURAL PERSON WHICH IS USED
22 SOLELY FOR NONCOMMERCIAL PURPOSES, OR A VEHICLE USED IN A
23 RIDESHARING ARRANGEMENT, AS DEFINED IN THE ACT OF DECEMBER
24 14, 1982 (P.L.1211, NO.279), ENTITLED "AN ACT PROVIDING FOR
25 RIDESHARING ARRANGEMENTS AND PROVIDING THAT CERTAIN LAWS
26 SHALL BE INAPPLICABLE TO RIDESHARING ARRANGEMENTS."]
27 (1) A MOTOR VEHICLE DESIGNED TO TRANSPORT 16 OR MORE
28 PASSENGERS, INCLUDING THE DRIVER; AND
29 (2) A MOTOR VEHICLE, OTHER THAN A TAXICAB, DESIGNED TO
30 TRANSPORT NOT MORE THAN 15 PASSENGERS, INCLUDING THE DRIVER,
19890S0498B1759 - 2 -
1 AND USED FOR THE TRANSPORTATION OF PERSONS FOR COMPENSATION.
2 THE TERM DOES NOT INCLUDE A VEHICLE USED IN A RIDESHARING
3 ARRANGEMENT, AS DEFINED IN THE ACT OF DECEMBER 14, 1982
4 (P.L.1211, NO.279), ENTITLED "AN ACT PROVIDING FOR
5 RIDESHARING ARRANGEMENTS AND PROVIDING THAT CERTAIN LAWS
6 SHALL BE INAPPLICABLE TO RIDESHARING ARRANGEMENTS," OR A
7 SCHOOL BUS.
8 * * *
9 "PASSENGER CAR." A MOTOR VEHICLE, EXCEPT A MOTORCYCLE,
10 DESIGNED FOR CARRYING [TEN] NO MORE THAN FIFTEEN PASSENGERS [OR
11 LESS], INCLUDING THE DRIVER, AND PRIMARILY USED FOR THE
12 TRANSPORTATION OF PERSONS.
13 * * *
14 "SCHOOL BUS." A MOTOR VEHICLE WHICH [COMPLIES WITH THE COLOR
15 AND LIGHTING IDENTIFICATION REQUIREMENTS OF SECTION 4552
16 (RELATING TO GENERAL REQUIREMENTS FOR SCHOOL BUSES).]:
17 (1) IS DESIGNED AND USED TO CARRY 11 PASSENGERS OR MORE,
18 INCLUDING THE DRIVER;
19 (2) IS USED FOR THE TRANSPORTATION OF PREPRIMARY,
20 PRIMARY OR SECONDARY SCHOOL STUDENTS, PERSONNEL OR CHAPERONES
21 TO SUCH SCHOOLS OR SCHOOL-RELATED ACTIVITIES FROM HOME, OR
22 FROM SUCH SCHOOLS OR SCHOOL-RELATED ACTIVITIES TO HOME.
23 "SCHOOL VEHICLE." A MOTOR VEHICLE, EXCEPT A MOTORCYCLE,
24 DESIGNED FOR CARRYING NO MORE THAN TEN PASSENGERS, INCLUDING THE
25 DRIVER, AND USED FOR THE TRANSPORTATION OF PREPRIMARY, PRIMARY
26 OR SECONDARY SCHOOL STUDENTS WHILE REGISTERED BY OR UNDER
27 CONTRACT TO A SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL SCHOOL.
28 THE TERM INCLUDES VEHICLES HAVING CHARTERED, GROUP AND PARTY
29 RIGHTS UNDER THE PENNSYLVANIA PUBLIC UTILITY COMMISSION AND USED
30 FOR THE TRANSPORTATION OF SCHOOL CHILDREN.
19890S0498B1759 - 3 -
1 * * *
2 SECTION 2. SECTIONS 1501(C), 1502(1), 1504(D), 1509 HEADING
3 AND (A), 1510(A), 1532(B)(1), 1535(A), 1540(B) AND (C), 1547(D),
4 1550, 1571(A)(1) AND (4) AND 1573 OF TITLE 75 ARE AMENDED TO
5 READ:
6 § 1501. DRIVERS REQUIRED TO BE LICENSED.
7 * * *
8 (C) LIMITATION ON NUMBER OF LICENSES.--NO PERSON SHALL
9 RECEIVE A DRIVER'S LICENSE UNLESS AND UNTIL THE PERSON
10 SURRENDERS TO THE DEPARTMENT ALL VALID LICENSES IN THE PERSON'S
11 POSSESSION ISSUED BY THIS OR ANY OTHER STATE. ALL SURRENDERED
12 LICENSES ISSUED BY ANOTHER STATE SHALL BE RETURNED TO THAT
13 STATE, TOGETHER WITH INFORMATION THAT THE PERSON IS LICENSED IN
14 THIS COMMONWEALTH. NO PERSON SHALL BE PERMITTED TO HAVE MORE
15 THAN ONE VALID DRIVER'S LICENSE ISSUED BY THIS OR ANY OTHER
16 STATE AT ANY TIME. A NONRESIDENT WHO HOLDS A NONRESIDENT
17 COMMERCIAL DRIVER'S LICENSE ISSUED BY THE COMMONWEALTH UNDER
18 CHAPTER 16 (RELATING TO COMMERCIAL DRIVERS) SHALL BE PERMITTED
19 TO HAVE A REGULAR DRIVER'S LICENSE ISSUED BY THE COUNTRY OF HIS
20 RESIDENCE.
21 * * *
22 § 1502. PERSONS EXEMPT FROM LICENSING.
23 THE FOLLOWING PERSONS ARE NOT REQUIRED TO OBTAIN A DRIVER'S
24 LICENSE UNDER THIS CHAPTER:
25 (1) ANY EMPLOYEE OF THE FEDERAL GOVERNMENT WHILE
26 OPERATING A MOTOR VEHICLE OWNED BY OR LEASED TO THE FEDERAL
27 GOVERNMENT AND BEING OPERATED ON OFFICIAL BUSINESS UNLESS THE
28 EMPLOYEE IS REQUIRED BY THE FEDERAL GOVERNMENT OR ANY AGENCY
29 THEREOF TO HAVE A STATE DRIVER'S LICENSE. THIS EXEMPTION
30 SHALL NOT APPLY TO THE OPERATION OF COMMERCIAL MOTOR
19890S0498B1759 - 4 -
1 VEHICLES, AS DEFINED IN CHAPTER 16 (RELATING TO COMMERCIAL
2 DRIVERS).
3 * * *
4 § 1504. CLASSES OF LICENSES.
5 * * *
6 (D) NUMBER AND DESCRIPTION OF CLASSES.--LICENSES ISSUED BY
7 THE DEPARTMENT SHALL BE CLASSIFIED IN THE FOLLOWING MANNER:
8 [(1) CLASS 1.--A CLASS 1 LICENSE SHALL BE ISSUED TO
9 THOSE PERSONS WHO HAVE DEMONSTRATED THEIR QUALIFICATIONS TO
10 OPERATE A SINGLE VEHICLE NOT IN EXCESS OF 30,000 POUNDS
11 REGISTERED GROSS WEIGHT OR ANY SUCH VEHICLE TOWING A TRAILER
12 NOT IN EXCESS OF 10,000 POUNDS GROSS WEIGHT. ANY FIREMAN WHO
13 IS THE HOLDER OF A CLASS 1 LICENSE AND WHO HAS A CERTIFICATE
14 OF AUTHORIZATION FROM HIS FIRE CHIEF SHALL BE AUTHORIZED TO
15 OPERATE ANY VEHICLE REGISTERED TO THE FIRE DEPARTMENT
16 REGARDLESS OF THE OTHER REQUIREMENTS OF THIS SECTION AS TO
17 THE CLASS OF LICENSE REQUIRED. THE HOLDER OF A CLASS 1
18 LICENSE SHALL ALSO BE AUTHORIZED TO DRIVE A MOTORIZED
19 PEDALCYCLE OR A THREE-WHEELED MOTORCYCLE EQUIPPED WITH AN
20 ENCLOSED CAB. THE HOLDER OF A CLASS 1 LICENSE SHALL NOT BE
21 DEEMED QUALIFIED TO OPERATE BUSES, SCHOOL BUSES OR
22 MOTORCYCLES UNLESS THE LICENSE IS ENDORSED AS PROVIDED IN
23 THIS SECTION.
24 (2) CLASS 2.--A CLASS 2 LICENSE SHALL BE ISSUED TO THOSE
25 PERSONS OVER 18 YEARS OF AGE WHO HAVE DEMONSTRATED THEIR
26 QUALIFICATIONS TO OPERATE A SINGLE VEHICLE OF OVER 30,000
27 POUNDS REGISTERED GROSS WEIGHT OR ANY BUS OR ANY SUCH VEHICLE
28 TOWING A TRAILER NOT IN EXCESS OF 10,000 POUNDS GROSS WEIGHT.
29 THE HOLDER OF A CLASS 2 LICENSE SHALL BE DEEMED QUALIFIED TO
30 OPERATE THOSE VEHICLES FOR WHICH A CLASS 1 LICENSE IS ISSUED,
19890S0498B1759 - 5 -
1 BUT NOT SCHOOL BUSES OR MOTORCYCLES UNLESS THE LICENSE IS
2 ENDORSED AS PROVIDED IN THIS SECTION.
3 (3) CLASS 3.--A CLASS 3 LICENSE SHALL BE ISSUED TO THOSE
4 PERSONS OVER 18 YEARS OF AGE WHO HAVE DEMONSTRATED THEIR
5 QUALIFICATIONS TO OPERATE A VEHICLE WHILE IN COMBINATION WITH
6 OR TOWING A TRAILER IN EXCESS OF 10,000 POUNDS GROSS WEIGHT.
7 THE HOLDER OF A CLASS 3 LICENSE SHALL BE DEEMED QUALIFIED TO
8 OPERATE THOSE VEHICLES FOR WHICH A CLASS 1 OR CLASS 2 LICENSE
9 IS ISSUED, BUT NOT SCHOOL BUSES OR MOTORCYCLES UNLESS THE
10 LICENSE IS ENDORSED AS PROVIDED IN THIS SECTION.
11 (4) CLASS 4.--PERSONS WHO HAVE QUALIFIED TO OPERATE
12 SCHOOL BUSES IN ACCORDANCE WITH THIS TITLE AND THE RULES AND
13 REGULATIONS PROMULGATED AND ADOPTED BY THE DEPARTMENT SHALL
14 HAVE THE QUALIFICATION ENDORSED ON THE LICENSE ON THE LICENSE
15 AS PROVIDED IN THIS SECTION.
16 (5) CLASS 5.--THOSE PERSONS WHO HAVE DEMONSTRATED THEIR
17 QUALIFICATIONS TO OPERATE A MOTORCYCLE, SHALL HAVE THAT
18 QUALIFICATION ENDORSED ON ONE OF THE BASIC CLASSES OF LICENSE
19 DESCRIBED IN THIS SECTION. IF A PERSON IS QUALIFIED ONLY TO
20 OPERATE A MOTORCYCLE HE SHALL BE ISSUED A LICENSE WITH ONLY
21 THAT QUALIFICATION ENDORSED ON THE LICENSE.
22 (6) CLASS 6.--THOSE PERSONS WHO HAVE DEMONSTRATED THEIR
23 QUALIFICATIONS TO OPERATE A MOTOR-DRIVEN CYCLE OR MOTORIZED
24 PEDALCYCLE SHALL HAVE THAT QUALIFICATION ENDORSED ON ONE OF
25 THE BASIC CLASSES OF LICENSE DESCRIBED IN THIS SECTION. IF A
26 PERSON IS QUALIFIED ONLY TO OPERATE A MOTOR-DRIVEN CYCLE OR
27 MOTORIZED PEDALCYCLE HE SHALL BE ISSUED A LICENSE WITH ONLY
28 THAT QUALIFICATION ENDORSED ON THE LICENSE.]
29 (1) CLASS A.--A CLASS A LICENSE SHALL BE ISSUED TO THOSE
30 PERSONS 18 YEARS OF AGE OR OLDER WHO HAVE DEMONSTRATED THEIR
19890S0498B1759 - 6 -
1 QUALIFICATIONS TO OPERATE ANY COMBINATION OF VEHICLES WITH A
2 GROSS VEHICLE WEIGHT RATING OF 26,001 POUNDS OR MORE,
3 PROVIDED THE GROSS VEHICLE WEIGHT RATING OF THE VEHICLE OR
4 VEHICLES BEING TOWED IS IN EXCESS OF 10,000 POUNDS, OR ANY
5 COMBINATION OF VEHICLES WITH A GROSS COMBINATION VEHICLE
6 WEIGHT RATING OF NOT MORE THAN 26,000 POUNDS, PROVIDED THE
7 GROSS VEHICLE WEIGHT RATING OF THE VEHICLE OR VEHICLES BEING
8 TOWED IS IN EXCESS OF 10,000 POUNDS, IN WHICH CASE THE
9 LICENSE WILL BE RESTRICTED TO SUCH COMBINATIONS.
10 (I) THE HOLDER OF A CLASS A LICENSE SHALL BE DEEMED
11 QUALIFIED TO OPERATE THOSE VEHICLES FOR WHICH A CLASS B
12 OR CLASS C LICENSE IS ISSUED.
13 (II) WHERE REQUIRED UNDER THIS TITLE, APPROPRIATE
14 ENDORSEMENTS MUST BE OBTAINED.
15 (2) CLASS B.--A CLASS B LICENSE SHALL BE ISSUED TO THOSE
16 PERSONS 18 YEARS OF AGE OR OLDER WHO HAVE DEMONSTRATED THEIR
17 QUALIFICATIONS TO OPERATE ANY SINGLE VEHICLE WITH A GROSS
18 VEHICLE WEIGHT RATING OF 26,001 POUNDS OR MORE, OR ANY SUCH
19 VEHICLE TOWING A VEHICLE HAVING A GROSS VEHICLE WEIGHT RATING
20 OF NOT MORE THAN 10,000 POUNDS.
21 (I) THE HOLDER OF A CLASS B LICENSE SHALL BE DEEMED
22 QUALIFIED TO OPERATE THOSE VEHICLES FOR WHICH A CLASS C
23 LICENSE IS ISSUED.
24 (II) WHERE REQUIRED UNDER THIS TITLE, APPROPRIATE
25 ENDORSEMENTS MUST BE OBTAINED.
26 (3) CLASS C.--A CLASS C LICENSE SHALL BE ISSUED TO THOSE
27 PERSONS 18 YEARS OF AGE OR OLDER, EXCEPT AS PROVIDED IN
28 SECTION 1503 (RELATING TO PERSONS INELIGIBLE FOR LICENSING),
29 WHO HAVE DEMONSTRATED THEIR QUALIFICATIONS TO OPERATE ANY
30 SINGLE VEHICLE WITH A GROSS VEHICLE WEIGHT RATING OF NOT MORE
19890S0498B1759 - 7 -
1 THAN 26,000 POUNDS OR ANY SUCH VEHICLE TOWING A VEHICLE WITH
2 A GROSS VEHICLE WEIGHT RATING OF NOT MORE THAN 10,000 POUNDS.
3 (I) WHERE REQUIRED UNDER THIS TITLE, APPROPRIATE
4 ENDORSEMENTS MUST BE OBTAINED.
5 (II) ANY FIREFIGHTER WHO IS THE HOLDER OF A CLASS C
6 LICENSE AND WHO HAS A CERTIFICATE OF AUTHORIZATION FROM
7 HIS FIRE CHIEF SHALL BE AUTHORIZED TO OPERATE ANY FIRE OR
8 EMERGENCY VEHICLE REGISTERED TO THE FIRE DEPARTMENT,
9 REGARDLESS OF THE OTHER REQUIREMENTS OF THIS SECTION AS
10 TO THE CLASS OF LICENSE REQUIRED.
11 (III) THE HOLDER OF A CLASS C LICENSE SHALL ALSO BE
12 AUTHORIZED TO DRIVE A MOTORIZED PEDALCYCLE OR A THREE-
13 WHEELED MOTORCYCLE EQUIPPED WITH AN ENCLOSED CAB, BUT NOT
14 A MOTORCYCLE UNLESS THE LICENSE IS ENDORSED, AS PROVIDED
15 IN THIS TITLE.
16 (4) CLASS M.--A CLASS M LICENSE SHALL BE ISSUED TO THOSE
17 PERSONS WHO HAVE DEMONSTRATED THEIR QUALIFICATIONS TO OPERATE
18 A MOTORCYCLE OR MOTOR-DRIVEN CYCLE. IF A PERSON IS QUALIFIED
19 TO OPERATE ONLY A MOTORCYCLE OR MOTOR-DRIVEN CYCLE, HE SHALL
20 BE ISSUED A CLASS M LICENSE ONLY.
21 * * *
22 § 1509. QUALIFICATIONS FOR [CLASS 4 LICENSE] SCHOOL BUS DRIVER
23 ENDORSEMENT.
24 (A) SCHOOL BUS DRIVER REQUIREMENTS.--NO PERSON SHALL BE
25 ISSUED [A CLASS 4 LICENSE] AN ENDORSEMENT TO OPERATE A SCHOOL
26 BUS UNLESS THE PERSON:
27 (1) HAS SUCCESSFULLY COMPLETED A COURSE OF INSTRUCTION
28 AS PROVIDED IN SUBSECTION (C);
29 (2) HAS SATISFACTORILY PASSED AN ANNUAL PHYSICAL
30 EXAMINATION TO BE GIVEN BY THE PHYSICIAN FOR THE SCHOOL
19890S0498B1759 - 8 -
1 DISTRICT BY WHICH THE PERSON IS EMPLOYED[; AND], IN
2 ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED AND ADOPTED
3 BY THE DEPARTMENT;
4 (3) IS 18 YEARS OF AGE OR OLDER[.]; AND
5 (4) IS QUALIFIED TO OPERATE SCHOOL BUSES IN ACCORDANCE
6 WITH THIS TITLE AND THE RULES AND REGULATIONS PROMULGATED AND
7 ADOPTED BY THE DEPARTMENT.
8 * * *
9 § 1510. ISSUANCE AND CONTENT OF DRIVER'S LICENSE.
10 (A) GENERAL RULE.--THE DEPARTMENT SHALL, UPON PAYMENT OF THE
11 REQUIRED FEE, ISSUE TO EVERY QUALIFIED APPLICANT A DRIVER'S
12 LICENSE INDICATING THE TYPE OR GENERAL CLASS OF VEHICLES THE
13 LICENSEE IS AUTHORIZED TO DRIVE AND ANY ENDORSEMENTS OR
14 RESTRICTIONS, WHICH LICENSE SHALL CONTAIN A DISTINGUISHING
15 NUMBER ASSIGNED BY THE DEPARTMENT TO THE LICENSEE, THE [SOCIAL
16 SECURITY] SOCIAL SECURITY NUMBER OF THE LICENSEE, THE ACTUAL
17 NAME, DATE OF BIRTH, RESIDENCE ADDRESS, A COLOR PHOTOGRAPH OR
18 PHOTOGRAPHIC FACSIMILE OF THE LICENSEE, SUCH OTHER INFORMATION
19 AS MAY BE REQUIRED BY THE DEPARTMENT, AND EITHER A FACSIMILE OF
20 THE SIGNATURE OF THE LICENSEE OR A SPACE UPON WHICH THE LICENSEE
21 SHALL WRITE HIS USUAL SIGNATURE WITH PEN AND INK. PERSONAL
22 MEDICAL DATA AND OTHER INFORMATION FOR USE IN AN EMERGENCY MAY
23 BE INCLUDED AS A PART OF THE LICENSE. INFORMATION OTHER THAN
24 THAT REQUIRED TO IDENTIFY THE LICENSEE, THE DISTINGUISHING
25 NUMBER AND THE CLASS OF LICENSE ISSUED MAY BE INCLUDED IN
26 MICRODATA FORM. NO DRIVER'S LICENSE SHALL BE VALID UNTIL IT HAS
27 BEEN SIGNED BY THE LICENSEE.
28 * * *
29 § 1532. REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE.
30 * * *
19890S0498B1759 - 9 -
1 (B) SUSPENSION.--
2 (1) THE DEPARTMENT SHALL SUSPEND THE OPERATING PRIVILEGE
3 OF ANY DRIVER FOR SIX MONTHS UPON RECEIVING A CERTIFIED
4 RECORD OF THE DRIVER'S CONVICTION OF ANY OFFENSE UNDER THE
5 FOLLOWING PROVISIONS:
6 SECTION 3367 (RELATING TO RACING ON HIGHWAYS).
7 SECTION 3733 (RELATING TO FLEEING OR ATTEMPTING TO
8 ELUDE POLICE OFFICER).
9 SECTION 3734 (RELATING TO DRIVING WITHOUT LIGHTS TO
10 AVOID IDENTIFICATION OR ARREST).
11 SECTION 3736 (RELATING TO RECKLESS DRIVING).
12 SECTION 3743 (RELATING TO ACCIDENTS INVOLVING DAMAGE
13 TO ATTENDED VEHICLE OR PROPERTY).
14 * * *
15 § 1535. SCHEDULE OF CONVICTIONS AND POINTS.
16 (A) GENERAL RULE.--A POINT SYSTEM FOR DRIVER EDUCATION AND
17 CONTROL IS HEREBY ESTABLISHED WHICH IS RELATED TO OTHER
18 PROVISIONS FOR USE, SUSPENSION AND REVOCATION OF THE OPERATING
19 PRIVILEGE AS SPECIFIED UNDER THIS TITLE. EVERY DRIVER LICENSED
20 IN THIS COMMONWEALTH WHO IS CONVICTED OF ANY OF THE FOLLOWING
21 OFFENSES SHALL BE ASSESSED POINTS AS OF THE DATE OF VIOLATION IN
22 ACCORDANCE WITH THE FOLLOWING SCHEDULE:
23 SECTION NUMBER OFFENSE POINTS
24 1512 VIOLATION OF RESTRICTION ON
25 DRIVER'S LICENSE. 2
26 1571 VIOLATION CONCERNING LICENSE. 3
27 3102 FAILURE TO OBEY POLICEMAN OR
28 AUTHORIZED PERSON. 2
29 3112(A)(3)(I) FAILURE TO STOP FOR A RED LIGHT. 3
30 3114(A)(1) FAILURE TO STOP FOR A FLASHING
19890S0498B1759 - 10 -
1 RED LIGHT. 3
2 3302 FAILURE TO YIELD HALF OF ROADWAY
3 TO ONCOMING VEHICLE. 3
4 3303 IMPROPER PASSING. 3
5 3304 OTHER IMPROPER PASSING. 3
6 3305 OTHER IMPROPER PASSING. 3
7 3306(A)(1) OTHER IMPROPER PASSING. 4
8 3306(A)(2) OTHER IMPROPER PASSING. 3
9 3306(A)(3) OTHER IMPROPER PASSING. 3
10 3307 OTHER IMPROPER PASSING. 3
11 3310 FOLLOWING TOO CLOSELY. 3
12 3321 FAILURE TO YIELD TO DRIVER ON THE
13 RIGHT AT INTERSECTION. 3
14 3322 FAILURE TO YIELD TO ONCOMING
15 DRIVER WHEN MAKING LEFT TURN. 3
16 3323(B) FAILURE TO STOP FOR STOP SIGN. 3
17 3323(C) FAILURE TO YIELD AT YIELD SIGN. 3
18 3324 FAILURE TO YIELD WHEN ENTERING OR
19 CROSSING ROADWAY BETWEEN INTER-
20 SECTIONS. 3
21 3332 IMPROPER TURNING AROUND. 3
22 3341 FAILURE TO STOP FOR FLASHING RED
23 LIGHTS OR GATE AT RAILROAD
24 CROSSING. 3
25 3344 FAILURE TO STOP WHEN ENTERING FROM
26 ALLEY, DRIVEWAY OR BUILDING. 3
27 3345(A) FAILURE TO STOP FOR SCHOOL BUS
28 WITH FLASHING RED LIGHTS. 5
29 (AND 60 DAYS SUSPENSION)
30 3361 DRIVING TOO FAST FOR CONDITIONS. 2
19890S0498B1759 - 11 -
1 3362 EXCEEDING MAXIMUM SPEED.--OVER LIMIT:
2 6-10 2
3 11-15 3
4 16-25 4
5 26-30 5
6 31-OVER 5
7 (AND DEPARTMENTAL HEARING
8 AND SANCTIONS PROVIDED
9 UNDER SECTION 1538(D))
10 3365(B) EXCEEDING SPECIAL SPEED LIMIT
11 IN SCHOOL ZONE. 3
12 3365(C) EXCEEDING SPECIAL SPEED LIMIT
13 FOR TRUCKS ON DOWNGRADES. 3
14 3542(A) FAILURE TO YIELD TO PEDESTRIAN IN
15 CROSSWALK. 2
16 3547 FAILURE TO YIELD TO PEDESTRIAN ON
17 SIDEWALK. 3
18 3549(A) FAILURE TO YIELD TO BLIND
19 PEDESTRIAN. 3
20 3702 IMPROPER BACKING. 3
21 3714 [RECKLESS] CARELESS DRIVING. 3
22 3745 LEAVING SCENE OF ACCIDENT
23 INVOLVING PROPERTY DAMAGE ONLY. 4
24 * * *
25 § 1540. SURRENDER OF LICENSE.
26 * * *
27 (B) SUSPENSION [OR], REVOCATION OR DISQUALIFICATION OF
28 OPERATING PRIVILEGE.--UPON THE SUSPENSION OR REVOCATION OF THE
29 OPERATING PRIVILEGE OR THE DISQUALIFICATION OF THE COMMERCIAL
30 OPERATING PRIVILEGE OF ANY PERSON BY THE DEPARTMENT, THE
19890S0498B1759 - 12 -
1 DEPARTMENT SHALL FORTHWITH NOTIFY THE PERSON IN WRITING AT THE
2 ADDRESS OF RECORD TO SURRENDER HIS DRIVER'S LICENSE TO THE
3 DEPARTMENT FOR THE TERM OF SUSPENSION [OR], REVOCATION OR
4 DISQUALIFICATION. THE SUSPENSION [OR], REVOCATION OR
5 DISQUALIFICATION SHALL BE EFFECTIVE UPON A DATE DETERMINED BY
6 THE DEPARTMENT OR THE DATE OF SURRENDER OF THE LICENSE TO THE
7 DEPARTMENT IF THAT DATE IS SUBSEQUENT TO THE DEPARTMENT'S NOTICE
8 TO SURRENDER THE LICENSE, WHICHEVER OCCURS FIRST. UPON SURRENDER
9 OF THE LICENSE, THE DEPARTMENT SHALL ISSUE A RECEIPT SHOWING THE
10 DATE THAT IT RECEIVED THE LICENSE.
11 (C) SEIZURE OF REVOKED [AND], SUSPENDED, CANCELED OR
12 DISQUALIFIED LICENSES.--THE DEPARTMENT MAY DELEGATE AUTHORITY TO
13 ANY AUTHORIZED [DEPARTMENT] COMMONWEALTH EMPLOYEE, MEMBER OF THE
14 PENNSYLVANIA STATE POLICE OR LOCAL POLICE OFFICER TO SEIZE THE
15 DRIVER'S LICENSE OF ANY PERSON WHEN THE OPERATING PRIVILEGE OF
16 THAT PERSON HAS BEEN REVOKED [OR], SUSPENDED, CANCELED OR
17 DISQUALIFIED AND HIS DRIVER'S LICENSE HAS BEEN ORDERED TO BE
18 SURRENDERED BY A COURT OR DISTRICT ATTORNEY OR BY THE
19 DEPARTMENT. THE DEPARTMENT SHALL, BY REGULATION, PRESCRIBE THE
20 MANNER OF SELECTING THE COMMONWEALTH EMPLOYEES AND [STATE AND]
21 LOCAL POLICE OFFICERS TO SEIZE THE DRIVERS' LICENSES.
22 § 1547. CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR
23 CONTROLLED SUBSTANCE.
24 * * *
25 (D) PRESUMPTIONS FROM AMOUNT OF ALCOHOL.--IF CHEMICAL
26 TESTING OF A PERSON'S BREATH, BLOOD OR URINE SHOWS:
27 (1) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
28 THE PERSON TESTED IS 0.05% OR LESS, IT SHALL BE PRESUMED THAT
29 THE PERSON TESTED WAS NOT UNDER INFLUENCE OF ALCOHOL AND THE
30 PERSON SHALL NOT BE CHARGED WITH ANY VIOLATION UNDER SECTION
19890S0498B1759 - 13 -
1 3731(A)(1) OR (4) (RELATING TO DRIVING UNDER INFLUENCE OF
2 ALCOHOL OR CONTROLLED SUBSTANCE), OR, IF THE PERSON WAS SO
3 CHARGED PRIOR TO THE TEST, THE CHARGE SHALL BE VOID AB
4 INITIO. THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION
5 CONCERNING A VIOLATION OF SECTION 3731(A)(2) OR (3) OR (I).
6 (2) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
7 THE PERSON TESTED IS IN EXCESS OF 0.05% BUT LESS THAN 0.10%,
8 THIS FACT SHALL NOT GIVE RISE TO ANY PRESUMPTION THAT THE
9 PERSON TESTED WAS OR WAS NOT UNDER THE INFLUENCE OF ALCOHOL,
10 BUT THIS FACT MAY BE CONSIDERED WITH OTHER COMPETENT EVIDENCE
11 IN DETERMINING WHETHER THE PERSON WAS OR WAS NOT UNDER THE
12 INFLUENCE OF ALCOHOL. THIS PROVISION SHALL NOT NEGATE THE
13 PROVISIONS OF SECTION 3731(I).
14 (3) THAT THE AMOUNT OF ALCOHOL BY WEIGHT IN THE BLOOD OF
15 THE PERSON TESTED IS 0.10% OR MORE, THIS FACT MAY BE
16 INTRODUCED INTO EVIDENCE IF THE PERSON IS CHARGED WITH
17 VIOLATING SECTION 3731.
18 * * *
19 § 1550. JUDICIAL REVIEW.
20 (A) GENERAL RULE.--ANY PERSON DENIED A DRIVER'S LICENSE OR
21 WHOSE OPERATING PRIVILEGE HAS BEEN RECALLED, CANCELED, SUSPENDED
22 [OR], REVOKED OR DISQUALIFIED BY THE DEPARTMENT SHALL HAVE THE
23 RIGHT TO APPEAL TO THE COURT VESTED WITH JURISDICTION OF SUCH
24 APPEALS BY OR PURSUANT TO TITLE 42 (RELATING TO JUDICIARY AND
25 JUDICIAL PROCEDURE).
26 (B) SUPERSEDEAS.--[THE]
27 (1) IN THE CASE OF A RECALL, SUSPENSION, CANCELLATION OR
28 REVOCATION, THE FILING OF THE PETITION SHALL OPERATE AS A
29 SUPERSEDEAS, AND NO RECALL, SUSPENSION, CANCELLATION OR
30 REVOCATION SHALL BE IMPOSED AGAINST SUCH PERSON UNTIL FINAL
19890S0498B1759 - 14 -
1 DETERMINATION OF THE MATTER.
2 (2) IN THE CASE OF A DISQUALIFICATION OF THE COMMERCIAL
3 OPERATING PRIVILEGE, THE DRIVER MAY PETITION TO THE COURT OF
4 COMMON PLEAS OF HIS COUNTY OF RESIDENCE, WHICH COURT MAY
5 GRANT A SUPERSEDEAS EX PARTE UPON A SHOWING OF REASONABLE
6 LIKELIHOOD OF SUCCESSFUL PROSECUTION OF THE APPEAL.
7 (C) PROCEEDINGS OF COURT.--THE COURT SHALL SET THE MATTER
8 FOR HEARING UPON 30 DAYS WRITTEN NOTICE TO THE DEPARTMENT AND
9 DETERMINE WHETHER THE PETITIONER IS IN FACT THE PERSON WHOSE
10 OPERATING PRIVILEGE IS SUBJECT TO THE RECALL, SUSPENSION,
11 CANCELLATION [OR], REVOCATION OR DISQUALIFICATION.
12 § 1571. VIOLATIONS CONCERNING LICENSES.
13 (A) OFFENSES DEFINED.--IT IS UNLAWFUL FOR ANY PERSON:
14 (1) TO EXHIBIT OR CAUSE OR PERMIT TO BE EXHIBITED OR
15 HAVE IN POSSESSION ANY RECALLED, CANCELED, SUSPENDED,
16 REVOKED, DISQUALIFIED, FICTITIOUS OR FRAUDULENTLY ALTERED
17 DRIVER'S LICENSE.
18 * * *
19 (4) TO FAIL OR REFUSE TO SURRENDER TO THE DEPARTMENT
20 UPON LAWFUL DEMAND A RECALLED, CANCELED, SUSPENDED, REVOKED,
21 DISQUALIFIED, FICTITIOUS OR FRAUDULENTLY ALTERED DRIVER'S
22 LICENSE.
23 * * *
24 § 1573. [DRIVING UNDER] DISPLAYING A FOREIGN LICENSE DURING
25 SUSPENSION OR REVOCATION.
26 [ANY] (A) OFFENSE DEFINED.--IT IS UNLAWFUL FOR ANY RESIDENT
27 OR NONRESIDENT WHOSE OPERATING PRIVILEGE TO DRIVE A MOTOR
28 VEHICLE IN THIS COMMONWEALTH HAS BEEN RECALLED, CANCELED,
29 SUSPENDED [OR], REVOKED OR DISQUALIFIED AS PROVIDED IN THIS
30 TITLE SHALL NOT [DRIVE A MOTOR VEHICLE IN THIS COMMONWEALTH
19890S0498B1759 - 15 -
1 UNDER] DISPLAY A LICENSE OR PERMIT ISSUED BY ANY OTHER
2 JURISDICTION OR OTHERWISE DURING THE SUSPENSION OR AFTER THE
3 RECALL, CANCELLATION [OR], REVOCATION OR DISQUALIFICATION UNTIL
4 [A NEW DRIVER'S LICENSE IS OBTAINED WHEN AND AS PERMITTED UNDER
5 THIS CHAPTER.] THE INDIVIDUAL'S OPERATING PRIVILEGE HAS BEEN
6 RESTORED BY THE DEPARTMENT.
7 (B) DISPLAY OF REGULAR LICENSE.--
8 (1) A RESIDENT OF THIS COMMONWEALTH WHO HOLDS A
9 COMMERCIAL DRIVER'S LICENSE ISSUED BY THIS COMMONWEALTH UNDER
10 CHAPTER 16 (RELATING TO COMMERCIAL DRIVERS) SHALL BE
11 PERMITTED TO DISPLAY A REGULAR DRIVER'S LICENSE ISSUED BY THE
12 DEPARTMENT IN THE EVENT THAT THE RESIDENT'S COMMERCIAL
13 DRIVER'S LICENSE IS DISQUALIFIED.
14 (2) A NONRESIDENT WHO HOLDS A COMMERCIAL DRIVER'S
15 LICENSE ISSUED BY A STATE OTHER THAN THIS COMMONWEALTH SHALL
16 BE PERMITTED TO DISPLAY A REGULAR DRIVER'S LICENSE ISSUED BY
17 THAT PERSON'S STATE OF RESIDENCE IN THE EVENT THAT THE
18 NONRESIDENT'S COMMERCIAL DRIVER'S LICENSE IS DISQUALIFIED.
19 (3) A NONRESIDENT WHO HOLDS A NONRESIDENT COMMERCIAL
20 DRIVER'S LICENSE ISSUED BY THIS COMMONWEALTH UNDER CHAPTER 16
21 SHALL BE PERMITTED TO DISPLAY A REGULAR DRIVER'S LICENSE
22 ISSUED BY THE NONRESIDENT'S COUNTRY IN THE EVENT THAT THE
23 PERSON'S NONRESIDENT COMMERCIAL DRIVER'S LICENSE IS
24 DISQUALIFIED.
25 (C) PENALTY.--ANY PERSON VIOLATING THE PROVISIONS OF THIS
26 SECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
27 SENTENCED TO PAY A FINE OF $200. THIS PENALTY SHALL BE IN
28 ADDITION TO ANY OTHER PENALTIES IMPOSED UNDER THIS TITLE.
29 SECTION 3. TITLE 75 IS AMENDED BY ADDING A CHAPTER TO READ:
30 CHAPTER 16
19890S0498B1759 - 16 -
1 COMMERCIAL DRIVERS
2 SEC.
3 1601. SHORT TITLE OF CHAPTER.
4 1602. PURPOSE AND CONSTRUCTION OF CHAPTER.
5 1603. DEFINITIONS.
6 1604. NOTIFICATION REQUIREMENTS FOR DRIVERS.
7 1605. EMPLOYER RESPONSIBILITIES.
8 1606. REQUIREMENT FOR COMMERCIAL DRIVER'S LICENSE.
9 1607. COMMERCIAL DRIVER'S LICENSE QUALIFICATION STANDARDS.
10 1608. NONRESIDENT CDL.
11 1609. APPLICATION FOR COMMERCIAL DRIVER'S LICENSE.
12 1610. COMMERCIAL DRIVER'S LICENSE.
13 1611. DISQUALIFICATION.
14 1612. COMMERCIAL DRIVERS PROHIBITED FROM OPERATING WITH ANY
15 ALCOHOL IN SYSTEM.
16 1613. IMPLIED CONSENT REQUIREMENTS FOR COMMERCIAL MOTOR VEHICLE
17 DRIVERS.
18 1614. NOTIFICATION OF TRAFFIC CONVICTIONS.
19 1615. AUTHORITY TO ENTER AGREEMENTS.
20 1616. RECIPROCITY.
21 1617. FEES.
22 1618. FINES EXEMPT FROM JUDICIAL COMPUTER ACCOUNT.
23 § 1601. SHORT TITLE OF CHAPTER.
24 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE UNIFORM
25 COMMERCIAL DRIVER'S LICENSE ACT.
26 § 1602. PURPOSE AND CONSTRUCTION OF CHAPTER.
27 (A) PURPOSE.--THE PURPOSE OF THIS CHAPTER IS TO IMPLEMENT
28 THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 (PUBLIC LAW 99-
29 570, 49 U.S.C. APP. § 2701 ET SEQ.) AND REDUCE OR PREVENT
30 COMMERCIAL MOTOR VEHICLE ACCIDENTS, FATALITIES AND INJURIES BY:
19890S0498B1759 - 17 -
1 (1) PERMITTING COMMERCIAL DRIVERS TO HOLD ONLY ONE
2 DRIVER'S LICENSE.
3 (2) DISQUALIFYING COMMERCIAL DRIVERS WHO HAVE COMMITTED
4 CERTAIN SERIOUS TRAFFIC VIOLATIONS, OR OTHER SPECIFIED
5 OFFENSES.
6 (3) STRENGTHENING LICENSING AND TESTING STANDARDS.
7 (B) CONSTRUCTION.--THIS CHAPTER IS A REMEDIAL LAW AND SHALL
8 BE LIBERALLY CONSTRUED TO PROMOTE THE PUBLIC HEALTH, SAFETY AND
9 WELFARE. TO THE EXTENT THAT THIS CHAPTER CONFLICTS WITH OTHER
10 DRIVER LICENSING PROVISIONS, THIS CHAPTER PREVAILS. WHERE THIS
11 CHAPTER IS SILENT, THE GENERAL DRIVER LICENSING PROVISIONS
12 APPLY.
13 § 1603. DEFINITIONS.
14 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
15 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
16 CONTEXT CLEARLY INDICATES OTHERWISE:
17 "COMMERCIAL DRIVER'S LICENSE" OR "CDL." A DRIVER'S LICENSE
18 ISSUED IN ACCORDANCE WITH THE REQUIREMENTS OF THIS CHAPTER
19 AUTHORIZING A PERSON 18 YEARS OF AGE OR OLDER TO DRIVE A CLASS
20 OF COMMERCIAL MOTOR VEHICLE.
21 "COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM" OR "CDLIS."
22 THE INFORMATION SYSTEM ESTABLISHED PURSUANT TO THE COMMERCIAL
23 MOTOR VEHICLE SAFETY ACT OF 1986 (PUBLIC LAW 99-570, 49 U.S.C.
24 APP. § 2701 ET SEQ.) TO SERVE AS A CLEARINGHOUSE FOR LOCATING
25 INFORMATION RELATED TO THE LICENSING AND IDENTIFICATION OF
26 COMMERCIAL MOTOR VEHICLE DRIVERS.
27 "COMMERCIAL DRIVER LEARNER'S PERMIT." A PERMIT ISSUED
28 PURSUANT TO SECTION 1607(D) (RELATING TO COMMERCIAL DRIVER'S
29 LICENSE QUALIFICATION STANDARDS).
30 "COMMERCIAL MOTOR VEHICLE." A MOTOR VEHICLE DESIGNED OR USED
19890S0498B1759 - 18 -
1 TO TRANSPORT PASSENGERS OR PROPERTY:
2 (1) IF THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OF
3 26,001 OR MORE POUNDS OR SUCH LESSER RATING AS THE DEPARTMENT
4 SHALL ADOPT UNDER THE PROVISIONS OF SECTION 6103(C) (RELATING
5 TO PROMULGATION OF RULES AND REGULATIONS BY DEPARTMENT), AS
6 DETERMINED BY FEDERAL REGULATION AND PUBLISHED BY THE
7 DEPARTMENT AS A NOTICE IN THE PENNSYLVANIA BULLETIN;
8 (2) IF THE VEHICLE IS DESIGNED TO TRANSPORT 16 OR MORE
9 PASSENGERS, INCLUDING THE DRIVER;
10 (3) IF THE VEHICLE IS A SCHOOL BUS; OR
11 (4) IF THE VEHICLE IS TRANSPORTING HAZARDOUS MATERIALS
12 AND IS REQUIRED TO BE PLACARDED IN ACCORDANCE WITH DEPARTMENT
13 REGULATIONS.
14 THE TERM DOES NOT INCLUDE AN IMPLEMENT OF HUSBANDRY, OR
15 MOTORIZED CONSTRUCTION EQUIPMENT, INCLUDING, BUT NOT LIMITED TO,
16 MOTORSCRAPERS, BACKHOES, MOTORGRADERS, COMPACTORS, EXCAVATORS,
17 TRACTORS, TRENCHERS AND BULLDOZERS, OR ANY MOTOR HOME OR
18 RECREATIONAL TRAILER USED FOR TEMPORARY LIVING QUARTERS AND
19 OPERATED SOLELY FOR PERSONAL USE.
20 "CONTROLLED SUBSTANCE." ANY SUBSTANCE SO DEFINED OR
21 CLASSIFIED UNDER:
22 (1) THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS
23 THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
24 (2) SECTION 102(6) OF THE CONTROLLED SUBSTANCE ACT
25 (PUBLIC LAW 91-513 § 21 U.S.C. 802(6)).
26 (3) SCHEDULES I THROUGH V OF 21 CFR PART 1308.
27 (4) ANY REVISIONS TO PARAGRAPHS (2) OR (3) WHICH ARE
28 PUBLISHED BY THE DEPARTMENT AS NOTICES IN THE PENNSYLVANIA
29 BULLETIN.
30 "DISQUALIFICATION." A PROHIBITION AGAINST DRIVING A
19890S0498B1759 - 19 -
1 COMMERCIAL MOTOR VEHICLE.
2 "EMPLOYER." ANY PERSON, INCLUDING THE UNITED STATES, A STATE
3 OR A POLITICAL SUBDIVISION OF A STATE, WHO OWNS OR LEASES A
4 COMMERCIAL MOTOR VEHICLE, OR ASSIGNS A PERSON TO DRIVE A
5 COMMERCIAL MOTOR VEHICLE.
6 "FELONY." AN OFFENSE UNDER STATE OR FEDERAL LAW WHICH IS
7 PUNISHABLE BY DEATH OR IMPRISONMENT EXCEEDING ONE YEAR.
8 "FOREIGN JURISDICTION." ANY JURISDICTION OTHER THAN A STATE
9 OF THE UNITED STATES.
10 "NONRESIDENT CDL." A COMMERCIAL DRIVER'S LICENSE ISSUED BY A
11 STATE TO AN INDIVIDUAL WHO RESIDES IN A FOREIGN JURISDICTION.
12 "OUT-OF-SERVICE ORDER." A TEMPORARY PROHIBITION AGAINST
13 DRIVING A COMMERCIAL MOTOR VEHICLE.
14 "SERIOUS TRAFFIC VIOLATION:"
15 (1) EXCESSIVE SPEEDING AS DEFINED BY THE UNITED STATES
16 SECRETARY OF TRANSPORTATION BY REGULATION AND PUBLISHED BY
17 THE DEPARTMENT AS A NOTICE IN THE PENNSYLVANIA BULLETIN.
18 (2) RECKLESS DRIVING.
19 (3) ANY OFFENSE UNDER THIS TITLE RELATING TO MOTOR
20 VEHICLE TRAFFIC CONTROL ARISING IN CONNECTION WITH AN
21 ACCIDENT RESULTING IN DEATH TO ANY PERSON.
22 (4) ANY VIOLATION OF SECTION 3326 (RELATING TO DUTY OF
23 DRIVER IN CONSTRUCTION AND MAINTENANCE AREAS) OR 3365(C)
24 (RELATING TO SPECIAL SPEED LIMITATIONS).
25 (5) ANY OTHER OFFENSES DEFINED BY THE UNITED STATES
26 SECRETARY OF TRANSPORTATION AS SERIOUS TRAFFIC VIOLATIONS AND
27 PUBLISHED BY THE DEPARTMENT AS A NOTICE IN THE PENNSYLVANIA
28 BULLETIN.
29 "STATE." A STATE OF THE UNITED STATES OR THE DISTRICT OF
30 COLUMBIA.
19890S0498B1759 - 20 -
1 "UNITED STATES." THE FIFTY STATES AND THE DISTRICT OF
2 COLUMBIA.
3 § 1604. NOTIFICATION REQUIREMENTS FOR DRIVERS.
4 (A) NOTIFICATION OF CONVICTIONS.--A DRIVER OF A COMMERCIAL
5 MOTOR VEHICLE HOLDING A DRIVER'S LICENSE ISSUED BY THIS
6 COMMONWEALTH WHO IS CONVICTED OF VIOLATING A FEDERAL OR STATE
7 LAW OR LOCAL ORDINANCE RELATING TO MOTOR VEHICLE TRAFFIC CONTROL
8 IN THIS OR ANY OTHER STATE OR ANY FEDERAL, PROVINCIAL,
9 TERRITORIAL OR MUNICIPAL LAW RELATING TO MOTOR VEHICLE TRAFFIC
10 CONTROL IN CANADA, OTHER THAN PARKING VIOLATIONS, SHALL NOTIFY
11 HIS EMPLOYER, IN WRITING, OF THE CONVICTION WITHIN 30 DAYS OF
12 THE DATE OF CONVICTION.
13 (B) NOTIFICATION OF SUSPENSIONS, REVOCATIONS, CANCELLATIONS
14 AND DISQUALIFICATIONS.--EACH DRIVER OF A COMMERCIAL MOTOR
15 VEHICLE WHOSE OPERATING PRIVILEGE IS SUSPENDED, REVOKED OR
16 CANCELED BY ANY STATE, WHO LOSES THE PRIVILEGE TO DRIVE A
17 COMMERCIAL MOTOR VEHICLE IN ANY STATE FOR ANY PERIOD OR WHO IS
18 DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE FOR ANY
19 PERIOD, SHALL NOTIFY HIS EMPLOYER OF THAT FACT BEFORE THE END OF
20 THE BUSINESS DAY FOLLOWING THE DAY THE DRIVER RECEIVED NOTICE OF
21 THE SUSPENSION, REVOCATION, CANCELLATION, LOSS OR
22 DISQUALIFICATION.
23 (C) NOTIFICATION OF PREVIOUS EMPLOYMENT.--
24 (1) EACH PERSON WHO APPLIES FOR EMPLOYMENT AS A
25 COMMERCIAL MOTOR VEHICLE DRIVER SHALL PROVIDE THE EMPLOYER,
26 AT THE TIME OF THE APPLICATION FOR EMPLOYMENT, WITH THE
27 FOLLOWING INFORMATION FOR THE TEN YEARS PRECEDING THE DATE OF
28 APPLICATION:
29 (I) A LIST OF THE NAMES AND ADDRESSES OF THE
30 APPLICANT'S PREVIOUS EMPLOYERS FOR WHICH THE APPLICANT
19890S0498B1759 - 21 -
1 WAS A DRIVER OF A COMMERCIAL MOTOR VEHICLE.
2 (II) THE DATES BETWEEN WHICH THE APPLICANT DROVE FOR
3 EACH EMPLOYER.
4 (III) THE REASON FOR LEAVING THAT EMPLOYER.
5 (2) THE APPLICANT SHALL CERTIFY THAT ALL INFORMATION
6 FURNISHED IS TRUE AND COMPLETE.
7 (3) AN EMPLOYER MAY REQUIRE AN APPLICANT TO PROVIDE
8 ADDITIONAL AND LEGALLY PERMITTED INFORMATION.
9 (D) PENALTIES.--
10 (1) ANY PERSON WHO VIOLATES SUBSECTION (A) OR (C)
11 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
12 SENTENCED TO PAY A FINE OF $100.
13 (2) ANY PERSON WHO VIOLATES SUBSECTION (B) COMMITS A
14 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO
15 PAY A FINE OF $200.
16 § 1605. EMPLOYER RESPONSIBILITIES.
17 (A) REQUIREMENTS.--EACH EMPLOYER SHALL REQUIRE THE APPLICANT
18 TO PROVIDE THE INFORMATION SPECIFIED IN SECTION 1604(C)
19 (RELATING TO NOTIFICATION REQUIREMENTS FOR DRIVERS). EACH
20 EMPLOYER SHALL INFORM THE APPLICANT THAT THE INFORMATION HE
21 PROVIDES IN ACCORDANCE WITH SECTION 1604(C) MAY BE USED, AND THE
22 APPLICANT'S PREVIOUS EMPLOYERS MAY BE CONTACTED FOR THE PURPOSE
23 OF INVESTIGATING THE APPLICANT'S WORK HISTORY.
24 (B) PROHIBITIONS.--NO EMPLOYER SHALL KNOWINGLY ALLOW,
25 REQUIRE, PERMIT OR AUTHORIZE A DRIVER TO DRIVE A COMMERCIAL
26 MOTOR VEHICLE DURING ANY PERIOD:
27 (1) IN WHICH:
28 (I) THE DRIVER'S LICENSE WAS SUSPENDED, REVOKED OR
29 CANCELED BY A STATE;
30 (II) THE DRIVER HAS LOST THE PRIVILEGE TO DRIVE A
19890S0498B1759 - 22 -
1 COMMERCIAL MOTOR VEHICLE IN A STATE;
2 (III) THE DRIVER HAS BEEN DISQUALIFIED FROM DRIVING
3 A COMMERCIAL MOTOR VEHICLE;
4 (IV) THE DRIVER IS NOT LICENSED TO DRIVE A
5 COMMERCIAL VEHICLE; OR
6 (V) THE DRIVER IS NOT QUALIFIED BY REQUIRED CLASS OR
7 ENDORSEMENT TO OPERATE THE COMMERCIAL VEHICLE BEING
8 DRIVEN; OR
9 (2) IN WHICH THE DRIVER HAS MORE THAN ONE DRIVER'S
10 LICENSE.
11 (C) TEST VEHICLES.--EACH EMPLOYER SHALL PROVIDE A
12 REPRESENTATIVE VEHICLE TO ANY EMPLOYEE REQUIRED TO TAKE THE
13 SKILLS TEST UNDER SECTION 1607 (RELATING TO COMMERCIAL DRIVER'S
14 LICENSE QUALIFICATION STANDARDS).
15 (D) TEST DATES.--AN EMPLOYER SHALL PROVIDE A COMMERCIAL
16 DRIVER THE NECESSARY TIME OFF FOR A DRIVER TO TAKE THE REQUIRED
17 KNOWLEDGE EXAM AND SKILLS TEST WHEN THE TESTS HAVE BEEN
18 SCHEDULED.
19 (E) PENALTIES.--ANY PERSON WHO VIOLATES ANY PROVISION OF
20 THIS SECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON
21 CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000.
22 § 1606. REQUIREMENT FOR COMMERCIAL DRIVER'S LICENSE.
23 (A) WHEN REQUIRED.--NO PERSON, EXCEPT THOSE SPECIFICALLY
24 EXEMPTED IN SUBSECTION (B), SHALL DRIVE A COMMERCIAL MOTOR
25 VEHICLE UNLESS THE PERSON HAS BEEN ISSUED AND IS IN IMMEDIATE
26 POSSESSION OF A VALID COMMERCIAL DRIVER'S LICENSE AND APPLICABLE
27 ENDORSEMENTS VALID FOR THE VEHICLE HE IS DRIVING.
28 (B) EXEMPTIONS.--THE FOLLOWING PERSONS ARE NOT REQUIRED TO
29 OBTAIN A COMMERCIAL DRIVER'S LICENSE IN ORDER TO DRIVE THE
30 COMMERCIAL MOTOR VEHICLE SPECIFIED:
19890S0498B1759 - 23 -
1 (1) A PERSON WITH A COMMERCIAL DRIVER LEARNER'S PERMIT
2 WHO IS ACCOMPANIED BY THE HOLDER OF A COMMERCIAL DRIVER'S
3 LICENSE VALID FOR THE VEHICLE BEING DRIVEN.
4 (2) A PERSON IN THE SERVICE OF THE ARMED FORCES OF THE
5 UNITED STATES, INCLUDING MEMBERS OF THE RESERVES AND NATIONAL
6 GUARD ON ACTIVE DUTY; PERSONNEL ON FULL-TIME NATIONAL GUARD
7 DUTY; AND PERSONNEL ON INACTIVE NATIONAL GUARD DUTY TRAINING
8 OR PART-TIME NATIONAL GUARD TRAINING AND NATIONAL GUARD
9 MILITARY TECHNICIANS WHO ARE REQUIRED TO WEAR MILITARY
10 UNIFORMS AND ARE SUBJECT TO THE UNIFORM CODE OF MILITARY
11 JUSTICE WHEN OPERATING EQUIPMENT OWNED OR OPERATED BY THE
12 DEPARTMENT OF DEFENSE.
13 (3) A PERSON WHO IS A VOLUNTEER OR PAID FIREFIGHTER WITH
14 A CLASS C LICENSE AND WHO HAS A CERTIFICATE OF AUTHORIZATION
15 FROM HIS FIRE CHIEF WHILE OPERATING A FIRE OR EMERGENCY
16 VEHICLE REGISTERED TO THE FIRE DEPARTMENT.
17 (4) A DRIVER WITH A NONCOMMERCIAL CLASS C LICENSE
18 OPERATING A FARM VEHICLE WHICH IS CONTROLLED AND OPERATED BY
19 A FARMER AND USED EXCLUSIVELY TO TRANSPORT AGRICULTURAL
20 PRODUCTS, FARM MACHINERY OR FARM SUPPLIES TO OR FROM A FARM
21 OWNED OR OPERATED BY THE OWNER OF THE FARM VEHICLE. THE FARM
22 VEHICLE MAY NOT BE USED IN THE OPERATIONS OF A COMMON OR
23 CONTRACT CARRIER AND MAY BE USED ONLY WITHIN A RADIUS OF 150
24 MILES OF THE FARM.
25 (C) PROHIBITIONS.--
26 (1) NO PERSON SHALL DRIVE A COMMERCIAL MOTOR VEHICLE
27 DURING ANY PERIOD IN WHICH:
28 (I) HIS PRIVILEGE TO DRIVE A COMMERCIAL MOTOR
29 VEHICLE IN A STATE HAS BEEN REMOVED FOR ANY REASON,
30 INCLUDING DISQUALIFICATION, UNTIL THE PERSON'S COMMERCIAL
19890S0498B1759 - 24 -
1 OPERATING PRIVILEGE HAS BEEN RESTORED;
2 (II) HIS OPERATING PRIVILEGE IS SUSPENDED, REVOKED,
3 CANCELED OR RECALLED UNTIL THE PERSON'S OPERATING
4 PRIVILEGE HAS BEEN RESTORED; OR
5 (III) HE HAS BEEN PLACED UNDER AN OUT-OF-SERVICE
6 ORDER.
7 (2) NO PERSON WHO OPERATES A COMMERCIAL MOTOR VEHICLE
8 SHALL AT ANY TIME HAVE MORE THAN ONE COMMERCIAL DRIVER'S
9 LICENSE.
10 (D) PENALTIES.--
11 (1) EXCEPT AS PROVIDED IN PARAGRAPH (6), A PERSON WHO
12 VIOLATES SUBSECTION (A) COMMITS A SUMMARY OFFENSE AND SHALL,
13 UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $500. EXCEPT
14 THAT, IF THE PERSON CHARGED FURNISHES SATISFACTORY PROOF OF
15 HAVING HELD A COMMERCIAL DRIVER'S LICENSE VALID ON THE LAST
16 DAY OF THE PRECEDING DRIVER'S LICENSE PERIOD AND NO MORE THAN
17 60 DAYS HAS ELAPSED FROM THE LAST DATE OF RENEWAL, THE FINE
18 SHALL BE $100. EXCEPT AS PROVIDED IN PARAGRAPH (6), EVERY
19 PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
20 SUBSECTION (A), SHALL BE SENTENCED TO PAY A FINE OF NOT LESS
21 THAN $500 NOR MORE THAN $1500.
22 (2) A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE WHILE
23 SUBJECT TO DISQUALIFICATION COMMITS A SUMMARY OFFENSE AND
24 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $500.
25 EVERY PERSON CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF
26 DRIVING A COMMERCIAL MOTOR VEHICLE WHILE SUBJECT TO
27 DISQUALIFICATION SHALL BE SENTENCED TO PAY A FINE OF NOT LESS
28 THAN $500 NOR MORE THAN $1,500.
29 (3) A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE WHILE
30 SUBJECT TO DISQUALIFICATION UNDER SECTION 1611(B) OR (E)
19890S0498B1759 - 25 -
1 (RELATING TO DISQUALIFICATION) COMMITS A SUMMARY OFFENSE AND
2 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000
3 OR TO IMPRISONMENT FOR SIX MONTHS, OR BOTH.
4 (4) A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE IN
5 VIOLATION OF AN OUT-OF-SERVICE ORDER ISSUED UNDER SECTION
6 1612 (RELATING TO COMMERCIAL DRIVERS PROHIBITED FROM
7 OPERATING WITH ANY ALCOHOL IN SYSTEM) COMMITS A SUMMARY
8 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
9 FINE OF $1,000.
10 (5) A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE IN
11 VIOLATION OF AN OUT-OF-SERVICE ORDER (OTHER THAN AN OUT-OF-
12 SERVICE ORDER ISSUED UNDER SECTION 1612) COMMITS A SUMMARY
13 OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A
14 FINE OF $500.
15 (6) A PERSON CHARGED WITH VIOLATING SUBSECTION (A)
16 COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, PAY A
17 FINE OF $100 IN LIEU OF THE FINE AND DISQUALIFICATION UNDER
18 PARAGRAPH (1) IF THE PERSON PRODUCES AT THE OFFICE OF THE
19 ISSUING AUTHORITY WITHIN FIVE DAYS OF THE VIOLATION:
20 (I) A COMMERCIAL DRIVER'S LICENSE VALID IN THIS
21 COMMONWEALTH AT THE TIME OF THE VIOLATION; OR
22 (II) IF THE COMMERCIAL DRIVER'S LICENSE IS LOST,
23 STOLEN, DESTROYED OR ILLEGIBLE, EVIDENCE THAT THE DRIVER
24 WAS LICENSED AT THE TIME OF THE VIOLATION AND THAT
25 APPLICATION FOR A DUPLICATE LICENSE HAD BEEN MADE AT THE
26 TIME OF THE VIOLATION.
27 (7) A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE IN
28 VIOLATION OF SUBSECTION (C)(1)(II) COMMITS A SUMMARY OFFENSE
29 AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF
30 $1,000.
19890S0498B1759 - 26 -
1 (8) A PERSON WHO DRIVES A COMMERCIAL MOTOR VEHICLE IN
2 VIOLATION OF SUBSECTION (C)(2) COMMITS A SUMMARY OFFENSE AND
3 SHALL, UPON CONVICTION, BE SENTENCED TO PAY A FINE OF $1,000.
4 (E) CONVICTIONS AND FINES CUMULATIVE.--ANY VIOLATIONS
5 BROUGHT UNDER THIS SECTION AND FINES IMPOSED UNDER THIS SECTION
6 SHALL BE IN ADDITION TO VIOLATIONS BROUGHT AND FINES IMPOSED
7 UNDER ANY OTHER SECTIONS OF THIS TITLE.
8 § 1607. COMMERCIAL DRIVER'S LICENSE QUALIFICATION STANDARDS.
9 (A) TESTING.--
10 (1) THE COMMONWEALTH SHALL DEVELOP ONE KNOWLEDGE TEST
11 FOR EACH CLASS AND FOR EACH ENDORSEMENT FOR DRIVING A
12 COMMERCIAL MOTOR VEHICLE WHICH COMPLIES WITH MINIMUM FEDERAL
13 STANDARDS ESTABLISHED BY FEDERAL REGULATION AND ALL OTHER
14 REQUIREMENTS OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF
15 1986 (PUBLIC LAW 99-570, 49 U.S.C. APP. § 2701, ET SEQ.).
16 (2) NO PERSON SHALL BE ISSUED A COMMERCIAL DRIVER'S
17 LICENSE UNLESS THE PERSON IS A RESIDENT OF THIS COMMONWEALTH
18 AND HAS PASSED A KNOWLEDGE AND SKILLS TEST FOR DRIVING A
19 COMMERCIAL MOTOR VEHICLE WHICH COMPLIES WITH MINIMUM FEDERAL
20 STANDARDS ESTABLISHED BY FEDERAL REGULATION, ALL OTHER
21 REQUIREMENTS OF THE COMMERCIAL MOTOR VEHICLE SAFETY ACT OF
22 1986 (PUBLIC LAW 99-570, 49 U.S.C. APP. § 2701 ET SEQ.) AND
23 OTHER REQUIREMENTS IMPOSED UNDER FEDERAL REGULATION WHICH ARE
24 PUBLISHED BY THE DEPARTMENT AS A NOTICE IN THE PENNSYLVANIA
25 BULLETIN, AS WELL AS ALL REQUIREMENTS OF THIS TITLE OR STATE
26 REGULATION. THE TESTS SHALL BE PRESCRIBED AND CONDUCTED BY
27 THE DEPARTMENT OR ITS AGENTS.
28 (3) THE DEPARTMENT MAY AUTHORIZE A PERSON, INCLUDING AN
29 AGENCY OF THIS OR ANOTHER STATE, AN EMPLOYER, A PRIVATE
30 INSTITUTION, ASSOCIATION OR DRIVER TRAINING SCHOOL, OR A
19890S0498B1759 - 27 -
1 DEPARTMENT, AGENCY OR INSTRUMENTALITY OF LOCAL GOVERNMENT TO
2 ADMINISTER THE SKILLS TEST SPECIFIED BY THIS SECTION,
3 PROVIDED:
4 (I) THE TEST IS THE SAME AS THAT WHICH WOULD
5 OTHERWISE BE ADMINISTERED BY THE DEPARTMENT.
6 (II) THE THIRD PARTY HAS ENTERED INTO AN AGREEMENT
7 WITH THE DEPARTMENT.
8 (4) THIRD PARTY CONTRACTS SHALL EXPIRE JUNE 30, 1992,
9 AND NO THIRD PARTY TESTING SHALL OCCUR AFTER JUNE 30, 1992.
10 (5) AS A RESULT OF THIS LEGISLATION, NO LAYOFFS SHALL
11 OCCUR IN THE CLASSIFICATION KNOWN AS DRIVER'S LICENSE
12 EXAMINER.
13 (6) THE DEPARTMENT SHALL PROVIDE APPLICANTS FOR
14 COMMERCIAL DRIVER'S LICENSES WITH THE CHOICE OF SELECTING A
15 KNOWLEDGE TEST ADMINISTERED IN EITHER A WRITTEN OR AN ORAL
16 FORMAT. EXCEPT FOR EXAMINATIONS ADMINISTERED TO INTERSTATE
17 DRIVERS SUBJECT TO THE LANGUAGE REQUIREMENTS OF 49 CFR 391.11
18 (RELATING TO QUALIFICATION OF DRIVERS), THE DEPARTMENT SHALL
19 ADMINISTER THE KNOWLEDGE TESTS IN THE ENGLISH LANGUAGE. A
20 DRIVER REQUESTING AN ORAL VERSION OF THE KNOWLEDGE TEST MUST
21 SCHEDULE FOR THE EXAMINATION AT A TESTING SITE AUTHORIZED BY
22 THE DEPARTMENT. THE DEPARTMENT SHALL DEVELOP AND UTILIZE
23 ALTERNATE TESTING FORMATS TO AVOID DISCRIMINATION AGAINST
24 DRIVERS WITH LIMITED LITERACY AND VERBAL COMPREHENSION
25 SKILLS.
26 (7) UPON FAILURE OF THE KNOWLEDGE TEST, THE DEPARTMENT
27 SHALL PROVIDE APPLICANTS FOR COMMERCIAL DRIVER'S LICENSES
28 WITH THE CHOICE OF SELECTING A KNOWLEDGE TEST ADMINISTERED IN
29 EITHER A WRITTEN OR AN ORAL FORMAT. EXCEPT FOR EXAMINATIONS
30 ADMINISTERED TO INTERSTATE DRIVERS SUBJECT TO THE LANGUAGE
19890S0498B1759 - 28 -
1 REQUIREMENTS OF 49 CFR 391.11 (RELATING TO QUALIFICATION OF
2 DRIVERS), THE DEPARTMENT SHALL ADMINISTER THE KNOWLEDGE TESTS
3 IN THE ENGLISH LANGUAGE. THE DEPARTMENT SHALL DEVELOP AND
4 UTILIZE ALTERNATE TESTING FORMATS TO AVOID DISCRIMINATION
5 AGAINST DRIVERS WITH LIMITED LITERACY AND VERBAL
6 COMPREHENSION SKILLS.
7 (B) WAIVER OF TEST.--THE DEPARTMENT SHALL WAIVE THE SKILLS
8 TEST SPECIFIED IN THIS SECTION FOR A COMMERCIAL DRIVER'S LICENSE
9 APPLICANT WHO MEETS THE REQUIREMENTS OF FEDERAL REGULATIONS. IF
10 PERMITTED BY FEDERAL REGULATION, THE DEPARTMENT'S WAIVER
11 PROCEDURES MAY WAIVE THE WRITTEN TEST REQUIREMENT FOR A
12 COMMERCIAL DRIVER'S LICENSE APPLICANT HOLDING A VALID CLASS 2, 3
13 OR 4 LICENSE.
14 (C) LIMITATIONS ON ISSUANCE OF LICENSE.--A COMMERCIAL
15 DRIVER'S LICENSE OR COMMERCIAL DRIVER LEARNER'S PERMIT SHALL NOT
16 BE ISSUED TO A PERSON WHILE THE PERSON IS SUBJECT TO A
17 DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE OR
18 WHILE THE PERSON'S DRIVER'S LICENSE IS SUSPENDED, REVOKED OR
19 CANCELED IN ANY STATE; NOR SHALL A COMMERCIAL DRIVER'S LICENSE
20 BE ISSUED TO A PERSON WHO HAS A COMMERCIAL DRIVER'S LICENSE
21 ISSUED BY ANY OTHER STATE UNLESS THE PERSON FIRST SURRENDERS ALL
22 SUCH LICENSES, WHICH SHALL BE RETURNED TO THE ISSUING STATE FOR
23 CANCELLATION.
24 (D) COMMERCIAL DRIVER LEARNER'S PERMIT.--THE DEPARTMENT
25 SHALL ISSUE A COMMERCIAL DRIVER LEARNER'S PERMIT IN ACCORDANCE
26 WITH SECTION 1505 (RELATING TO LEARNERS' PERMITS). A COMMERCIAL
27 DRIVER LEARNER'S PERMIT IS REQUIRED FOR THE ADDITION OF
28 ENDORSEMENTS AND THE REMOVAL OF RESTRICTIONS ESTABLISHED UNDER
29 THIS CHAPTER, INCLUDING THOSE ESTABLISHED BY REGULATION.
30 § 1608. NONRESIDENT CDL.
19890S0498B1759 - 29 -
1 (A) ISSUANCE OF NONRESIDENT CDL.--THE DEPARTMENT MAY ISSUE A
2 NONRESIDENT CDL TO A RESIDENT OF A FOREIGN JURISDICTION IF THE
3 UNITED STATES SECRETARY OF TRANSPORTATION HAS DETERMINED THAT
4 THE COMMERCIAL MOTOR VEHICLE TESTING AND LICENSING STANDARDS IN
5 THE FOREIGN JURISDICTION DO NOT MEET THE TESTING STANDARDS
6 ESTABLISHED IN FEDERAL REGULATIONS.
7 (1) THE WORD "NONRESIDENT" SHALL APPEAR ON THE FACE OF
8 THE NONRESIDENT CDL.
9 (2) AN APPLICANT SHALL SURRENDER ANY NONRESIDENT CDL
10 ISSUED BY ANOTHER STATE.
11 (3) PRIOR TO ISSUING A NONRESIDENT CDL, THE DEPARTMENT
12 SHALL ESTABLISH THE PRACTICAL CAPABILITY OF REVOKING,
13 SUSPENDING OR CANCELING THE NONRESIDENT CDL AND DISQUALIFYING
14 THE COMMERCIAL MOTOR VEHICLE DRIVING PRIVILEGE OF THAT
15 PERSON.
16 (B) OTHER PROVISIONS APPLICABLE.--ALL PROVISIONS OF THIS
17 CHAPTER APPLICABLE TO THE COMMERCIAL DRIVER'S LICENSE FOR A
18 RESIDENT OF THIS COMMONWEALTH, EXCEPT THE RESIDENCY REQUIREMENT,
19 AND ALL PROVISIONS OF THIS TITLE APPLICABLE TO DRIVERS' LICENSES
20 SHALL BE APPLICABLE TO A NONRESIDENT CDL.
21 § 1609. APPLICATION FOR COMMERCIAL DRIVER'S LICENSE.
22 (A) CONTENTS OF APPLICATION.--THE APPLICATION FOR A
23 COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVERS LEARNER'S
24 PERMIT SHALL INCLUDE THE FOLLOWING:
25 (1) THE FULL NAME AND CURRENT RESIDENTIAL ADDRESS OF THE
26 PERSON.
27 (2) A PHYSICAL DESCRIPTION OF THE PERSON, INCLUDING SEX,
28 HEIGHT AND EYE COLOR.
29 (3) DATE OF BIRTH.
30 (4) THE APPLICANT'S SOCIAL SECURITY NUMBER.
19890S0498B1759 - 30 -
1 (5) THE PERSON'S SIGNATURE.
2 (6) CERTIFICATIONS, INCLUDING THOSE REQUIRED BY FEDERAL
3 REGULATIONS.
4 (7) ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT.
5 (B) CHANGE OF NAME OR ADDRESS.--WHENEVER ANY PERSON, AFTER
6 APPLYING FOR OR RECEIVING A COMMERCIAL DRIVER'S LICENSE OR
7 COMMERCIAL DRIVER LEARNER'S PERMIT, MOVES FROM THE ADDRESS NAMED
8 IN THE APPLICATION OR IN THE DRIVER'S LICENSE OR LEARNER'S
9 PERMIT ISSUED, OR WHEN THE NAME OF THE LICENSEE OR PERMITTEE IS
10 CHANGED, SUCH PERSON SHALL WITHIN 15 DAYS MAKE APPLICATION FOR A
11 DUPLICATE LICENSE. THE DUPLICATE SHALL BE ISSUED UPON PAYMENT OF
12 THE REQUIRED FEE AND RETURN OF THE ORIGINAL, OR PREVIOUS
13 DUPLICATE, LICENSE.
14 (C) NEW RESIDENTS.--NO PERSON WHO IS A RESIDENT OF THIS
15 COMMONWEALTH FOR 30 DAYS SHALL DRIVE A COMMERCIAL MOTOR VEHICLE
16 UNDER THE AUTHORITY OF A COMMERCIAL DRIVER'S LICENSE ISSUED BY
17 ANOTHER JURISDICTION.
18 § 1610. COMMERCIAL DRIVER'S LICENSE.
19 (A) CONTENT OF LICENSE.--THE COMMERCIAL DRIVER'S LICENSE
20 SHALL INDICATE "COMMERCIAL DRIVER'S LICENSE" OR "CDL" AND SHALL
21 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
22 (1) THE NAME AND RESIDENTIAL ADDRESS OF THE PERSON.
23 (2) THE PERSON'S COLOR PHOTOGRAPH OR PHOTOGRAPHIC
24 FACSIMILE.
25 (3) A PHYSICAL DESCRIPTION OF THE PERSON, INCLUDING SEX,
26 HEIGHT AND EYE COLOR.
27 (4) DATE OF BIRTH.
28 (5) THE LICENSE NUMBER ASSIGNED BY THE DEPARTMENT.
29 (6) THE PERSON'S SIGNATURE OR A FACSIMILE OF THAT
30 SIGNATURE.
19890S0498B1759 - 31 -
1 (7) THE CLASS OR TYPE OF COMMERCIAL MOTOR VEHICLE OR
2 VEHICLES WHICH THE PERSON IS AUTHORIZED TO DRIVE, TOGETHER
3 WITH ANY ENDORSEMENTS OR RESTRICTIONS.
4 (B) CLASSIFICATIONS, ENDORSEMENTS AND RESTRICTIONS.--
5 (1) COMMERCIAL DRIVERS' LICENSES MAY BE ISSUED WITH THE
6 FOLLOWING CLASSIFICATIONS, ENDORSEMENTS AND RESTRICTIONS. THE
7 HOLDER OF A VALID COMMERCIAL DRIVER'S LICENSE MAY DRIVE ALL
8 VEHICLES IN THE CLASS FOR WHICH THAT LICENSE IS ISSUED AND
9 ALL LESSER CLASSES OF VEHICLES EXCEPT MOTORCYCLES. VEHICLES
10 REQUIRING AN ENDORSEMENT MAY NOT BE DRIVEN UNLESS THE PROPER
11 ENDORSEMENT APPEARS ON THE LICENSE.
12 (2) THE FOLLOWING CODES SHALL BE USED AS REQUIRED TO
13 DESCRIBE THE COMMERCIAL DRIVER'S LICENSE ENDORSEMENTS AND
14 RESTRICTIONS. ADDITIONAL ENDORSEMENTS AND RESTRICTIONS MAY BE
15 ADDED BY REGULATION FOR USE ON THE COMMERCIAL DRIVER'S
16 LICENSE:
17 H - AUTHORIZES THE DRIVER TO OPERATE A VEHICLE
18 TRANSPORTING HAZARDOUS MATERIALS.
19 L - RESTRICTS THE DRIVER TO VEHICLES NOT EQUIPPED
20 WITH AIRBRAKES.
21 N - AUTHORIZES DRIVING TANK VEHICLES.
22 P - AUTHORIZES DRIVING VEHICLES CARRYING PASSENGERS.
23 S - AUTHORIZES THE DRIVER TO OPERATE A SCHOOL BUS.
24 T - AUTHORIZES DRIVING DOUBLE AND TRIPLE TRAILERS.
25 X - REPRESENTS A COMBINATION OF HAZARDOUS MATERIALS
26 AND TANK VEHICLE ENDORSEMENTS.
27 (C) APPLICANT RECORD CHECK.--BEFORE ISSUING A COMMERCIAL
28 DRIVER'S LICENSE, THE DEPARTMENT SHALL OBTAIN DRIVING RECORD
29 INFORMATION THROUGH THE COMMERCIAL DRIVER'S LICENSE INFORMATION
30 SYSTEM AND THE NATIONAL DRIVER REGISTER.
19890S0498B1759 - 32 -
1 (D) NOTIFICATION OF LICENSE ISSUANCE.--WHEN THE DEPARTMENT
2 HAS ELECTRONIC ACCESS, BUT NO LATER THAN MARCH 31, 1992, THE
3 DEPARTMENT, WITHIN TEN DAYS AFTER ISSUING A COMMERCIAL DRIVER'S
4 LICENSE, SHALL NOTIFY THE COMMERCIAL DRIVER'S LICENSE
5 INFORMATION SYSTEM OF THAT FACT, PROVIDING ALL INFORMATION
6 REQUIRED TO ENSURE IDENTIFICATION OF THE PERSON.
7 (E) LICENSE RENEWAL PROCEDURES.--WHEN APPLYING FOR RENEWAL
8 OF A COMMERCIAL DRIVER'S LICENSE, THE APPLICANT MUST COMPLETE
9 THE APPLICATION FORM REQUIRED BY SECTION 1609(A) (RELATING TO
10 APPLICATION FOR COMMERCIAL DRIVER'S LICENSE), PROVIDING CURRENT
11 AND VALID INFORMATION AND REQUIRED CERTIFICATIONS. IF THE
12 APPLICANT WISHES TO RETAIN A HAZARDOUS MATERIALS ENDORSEMENT,
13 THE WRITTEN TEST FOR A HAZARDOUS MATERIALS ENDORSEMENT MUST BE
14 TAKEN AND PASSED.
15 § 1611. DISQUALIFICATION.
16 (A) DISQUALIFICATION FOR FIRST VIOLATION OF CERTAIN
17 OFFENSES.--UPON RECEIPT OF A CERTIFIED COPY OF CONVICTION, THE
18 DEPARTMENT SHALL, IN ADDITION TO ANY OTHER PENALTIES IMPOSED
19 UNDER THIS TITLE, DISQUALIFY ANY PERSON FROM DRIVING A
20 COMMERCIAL MOTOR VEHICLE FOR A PERIOD OF ONE YEAR FOR THE FIRST
21 VIOLATION OF:
22 (1) SECTION 3731(I) (RELATING TO DRIVING UNDER THE
23 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE);
24 (2) SECTION 3742 (RELATING TO ACCIDENTS INVOLVING DEATH
25 OR PERSONAL INJURY), WHERE THE VIOLATION OCCURRED WHILE THE
26 PERSON WAS DRIVING A COMMERCIAL MOTOR VEHICLE;
27 (3) SECTION 3743 (RELATING TO ACCIDENTS INVOLVING DAMAGE
28 TO ATTENDED VEHICLE OR PROPERTY), WHERE THE VIOLATION
29 OCCURRED WHILE THE PERSON WAS DRIVING A COMMERCIAL MOTOR
30 VEHICLE;
19890S0498B1759 - 33 -
1 (4) SECTION 3745 (RELATING TO ACCIDENTS INVOLVING DAMAGE
2 TO UNATTENDED VEHICLE OR PROPERTY), WHERE THE VIOLATION
3 OCCURRED WHILE THE PERSON WAS DRIVING A COMMERCIAL MOTOR
4 VEHICLE;
5 (5) ANY FELONY IN THE COMMISSION OF WHICH A COURT
6 DETERMINES A COMMERCIAL MOTOR VEHICLE WAS ESSENTIALLY
7 INVOLVED, EXCEPT AS DESCRIBED IN SUBSECTION (E); OR
8 (6) SECTION 1606(C) (RELATING TO REQUIREMENT FOR
9 COMMERCIAL DRIVER'S LICENSE), WHILE THEIR DRIVING PRIVILEGE
10 IS SUSPENDED, REVOKED, CANCELED OR RECALLED OR WHILE SUBJECT
11 TO DISQUALIFICATION OR IN VIOLATION OF AN OUT-OF-SERVICE
12 ORDER.
13 (B) DISQUALIFICATION FOR OFFENSE WHILE CARRYING HAZARDOUS
14 MATERIALS.--THE DEPARTMENT SHALL DISQUALIFY ANY PERSON FROM
15 DRIVING A COMMERCIAL MOTOR VEHICLE FOR THREE YEARS IF ANY OF THE
16 OFFENSES IN SUBSECTION (A) OCCURRED WHILE TRANSPORTING A
17 HAZARDOUS MATERIAL REQUIRED TO BE PLACARDED.
18 (C) DISQUALIFICATION FOR TWO VIOLATIONS OF CERTAIN
19 OFFENSES.--THE DEPARTMENT SHALL DISQUALIFY FOR LIFE ANY PERSON
20 CONVICTED OF TWO OR MORE VIOLATIONS OF ANY OF THE OFFENSES
21 SPECIFIED IN SUBSECTION (A), OR ANY COMBINATION OF THOSE
22 OFFENSES, ARISING FROM TWO OR MORE SEPARATE AND DISTINCT
23 INCIDENTS. ONLY OFFENSES COMMITTED AFTER THE EFFECTIVE DATE OF
24 THIS CHAPTER MAY BE CONSIDERED IN APPLYING THIS SUBSECTION.
25 (D) MITIGATION OF DISQUALIFICATION FOR LIFE.--THE DEPARTMENT
26 MAY ISSUE REGULATIONS ESTABLISHING GUIDELINES, INCLUDING
27 CONDITIONS, UNDER WHICH A DISQUALIFICATION FOR LIFE UNDER
28 SUBSECTION (B) MAY BE REDUCED TO A PERIOD OF NOT LESS THAN TEN
29 YEARS, IF SUCH REDUCTIONS ARE PERMITTED BY FEDERAL REGULATIONS.
30 (E) DISQUALIFICATION FOR CONTROLLED SUBSTANCE OFFENSES.--THE
19890S0498B1759 - 34 -
1 DEPARTMENT SHALL DISQUALIFY ANY PERSON FROM DRIVING A COMMERCIAL
2 MOTOR VEHICLE FOR LIFE WHO IS CONVICTED OF USING A COMMERCIAL
3 MOTOR VEHICLE IN THE COMMISSION OF ANY FELONY INVOLVING THE
4 MANUFACTURE, DISTRIBUTION OR DISPENSING OF A CONTROLLED
5 SUBSTANCE, OR POSSESSION WITH INTENT TO MANUFACTURE, DISTRIBUTE
6 OR DISPENSE A CONTROLLED SUBSTANCE. THERE SHALL BE NO EXCEPTIONS
7 OR REDUCTIONS TO THIS DISQUALIFICATION FOR LIFE.
8 (F) DISQUALIFICATION FOR FAILURE TO HAVE CDL.--THE
9 DEPARTMENT SHALL DISQUALIFY ANY PERSON FROM DRIVING A COMMERCIAL
10 MOTOR VEHICLE FOR SIX MONTHS UPON RECEIVING A CERTIFIED RECORD
11 OF THE PERSON'S CONVICTION OF VIOLATING SECTION 1606(A), EXCEPT
12 AS PROVIDED IN SECTION 1606(D)(6).
13 (G) DISQUALIFICATION FOR SERIOUS TRAFFIC OFFENSES.--THE
14 DEPARTMENT SHALL DISQUALIFY ANY PERSON FROM DRIVING A COMMERCIAL
15 MOTOR VEHICLE FOR A PERIOD OF 60 DAYS IF CONVICTED OF TWO
16 SERIOUS TRAFFIC VIOLATIONS, OR 120 DAYS IF CONVICTED OF THREE
17 SERIOUS TRAFFIC VIOLATIONS, COMMITTED IN A COMMERCIAL MOTOR
18 VEHICLE ARISING FROM SEPARATE AND DISTINCT INCIDENTS OCCURRING
19 WITHIN A THREE-YEAR PERIOD.
20 (H) CONVICTION IN FEDERAL COURT OR ANOTHER STATE.--FOR
21 PURPOSES OF THE PROVISIONS OF THIS SECTION, A COPY OF A
22 CERTIFIED RECORD OF CONVICTION OR A COPY OF A CERTIFIED RECORD
23 OF ADMINISTRATIVE ADJUDICATION FROM A FEDERAL COURT OR ANOTHER
24 STATE FOR AN OFFENSE ESSENTIALLY SIMILAR TO THOSE OFFENSES WHICH
25 WOULD RESULT IN DISQUALIFICATION IN THIS SECTION SHALL BE
26 TREATED BY THE DEPARTMENT AS IF THE CONVICTION HAD OCCURRED IN
27 THIS COMMONWEALTH.
28 (I) SURRENDER OF LICENSE.--UPON THE DISQUALIFICATION OF THE
29 COMMERCIAL DRIVING PRIVILEGE OF A PERSON, THE LICENSE SHALL BE
30 SURRENDERED AS PROVIDED IN SECTION 1540 (RELATING TO SURRENDER
19890S0498B1759 - 35 -
1 OF LICENSE).
2 (J) UPDATING DRIVING RECORD.--AFTER SUSPENDING, REVOKING,
3 RECALLING OR CANCELING A COMMERCIAL DRIVER'S LICENSE, THE
4 DEPARTMENT SHALL UPDATE ITS RECORDS TO REFLECT THAT ACTION.
5 AFTER SUSPENDING, REVOKING, RECALLING OR CANCELING A COMMERCIAL
6 DRIVING PRIVILEGE ISSUED BY ANOTHER STATE, THE DEPARTMENT SHALL
7 NOTIFY THE LICENSING AUTHORITY OF THE STATE WHICH ISSUED THE
8 COMMERCIAL DRIVER'S LICENSE OR NONRESIDENT COMMERCIAL DRIVER'S
9 LICENSE.
10 § 1612. COMMERCIAL DRIVERS PROHIBITED FROM OPERATING WITH ANY
11 ALCOHOL IN SYSTEM.
12 (A) OFFENSE DEFINED.--NOTWITHSTANDING ANY OTHER PROVISION OF
13 THIS TITLE, A PERSON SHALL NOT DRIVE, OPERATE OR BE IN PHYSICAL
14 CONTROL OF A COMMERCIAL MOTOR VEHICLE WHILE HAVING ANY ALCOHOL
15 IN HIS SYSTEM.
16 (B) PENALTY.--A PERSON WHO VIOLATES SUBSECTION (A) COMMITS A
17 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
18 A FINE OF $100. A PERSON WHO DRIVES, OPERATES OR IS IN PHYSICAL
19 CONTROL OF A COMMERCIAL MOTOR VEHICLE WHILE HAVING ALCOHOL IN
20 HIS SYSTEM OR WHO REFUSES TO TAKE A TEST TO DETERMINE HIS
21 ALCOHOL CONTENT AS PROVIDED BY SECTION 1613 (RELATING TO IMPLIED
22 CONSENT REQUIREMENTS FOR COMMERCIAL MOTOR VEHICLE DRIVERS) SHALL
23 BE PLACED OUT OF SERVICE FOR 24 HOURS.
24 § 1613. IMPLIED CONSENT REQUIREMENTS FOR COMMERCIAL MOTOR
25 VEHICLE DRIVERS.
26 (A) IMPLIED CONSENT.--A PERSON WHO DRIVES A COMMERCIAL MOTOR
27 VEHICLE IN THIS COMMONWEALTH IS DEEMED TO HAVE GIVEN CONSENT TO
28 TAKE A TEST OR TESTS OF THE PERSON'S BREATH, BLOOD OR URINE FOR
29 THE PURPOSE OF DETERMINING THE PERSON'S ALCOHOL CONCENTRATION OR
30 THE PRESENCE OF OTHER CONTROLLED SUBSTANCES.
19890S0498B1759 - 36 -
1 (B) TESTS ORDERED BY POLICE OFFICER.--A TEST OR TESTS MAY BE
2 ADMINISTERED AT THE DIRECTION OF A POLICE OFFICER WHO, AFTER
3 STOPPING OR DETAINING THE COMMERCIAL MOTOR VEHICLE DRIVER, HAS
4 REASONABLE GROUNDS TO BELIEVE THAT THE DRIVER WAS DRIVING A
5 COMMERCIAL MOTOR VEHICLE WHILE HAVING ANY ALCOHOL IN HIS SYSTEM.
6 (C) WARNING AGAINST REFUSAL.--A PERSON REQUESTED TO SUBMIT
7 TO A TEST AS PROVIDED IN SUBSECTION (A) SHALL BE WARNED BY THE
8 POLICE OFFICER REQUESTING THE TEST THAT REFUSAL TO SUBMIT TO THE
9 TEST WILL RESULT IN THE PERSON'S BEING DISQUALIFIED FROM
10 OPERATING A COMMERCIAL MOTOR VEHICLE UNDER SUBSECTION (E).
11 (D) REPORT ON TEST REFUSAL.--IF THE PERSON REFUSES TESTING,
12 THE POLICE OFFICER SHALL SUBMIT A SWORN REPORT TO THE DEPARTMENT
13 CERTIFYING THAT THE TEST WAS REQUESTED PURSUANT TO SUBSECTION
14 (A) AND THAT THE PERSON REFUSED TO SUBMIT TO TESTING.
15 (E) DISQUALIFICATION FOR REFUSAL.--UPON RECEIPT OF THE SWORN
16 REPORT OF A POLICE OFFICER SUBMITTED UNDER SUBSECTION (D), THE
17 DEPARTMENT SHALL DISQUALIFY THE DRIVER FROM DRIVING A COMMERCIAL
18 MOTOR VEHICLE FOR A PERIOD OF ONE YEAR.
19 (F) APPEAL OF DISQUALIFICATION.--ANY HOLDER OF A COMMERCIAL
20 DRIVER'S LICENSE WHO IS DISQUALIFIED UNDER THE PROVISIONS OF
21 THIS SECTION FROM DRIVING A COMMERCIAL MOTOR VEHICLE SHALL HAVE
22 THE SAME RIGHT OF APPEAL AS PROVIDED FOR IN CASES OF SUSPENSION.
23 § 1614. NOTIFICATION OF TRAFFIC CONVICTIONS.
24 AFTER RECEIVING A REPORT OF THE CONVICTION OF ANY HOLDER OF A
25 COMMERCIAL DRIVER'S LICENSE ISSUED BY ANOTHER STATE FOR
26 VIOLATION OF CHAPTER 15, 16, 17, 31, 33 OR 37 COMMITTED IN A
27 COMMERCIAL MOTOR VEHICLE, THE DEPARTMENT SHALL NOTIFY THE DRIVER
28 LICENSING AUTHORITY IN THE LICENSING STATE OF THE CONVICTION.
29 § 1615. AUTHORITY TO ENTER AGREEMENTS.
30 THE DEPARTMENT MAY ENTER INTO OR MAKE AGREEMENTS,
19890S0498B1759 - 37 -
1 ARRANGEMENTS OR DECLARATIONS TO CARRY OUT THE PROVISIONS OF THIS
2 CHAPTER.
3 § 1616. RECIPROCITY.
4 NOTWITHSTANDING ANY LAW TO THE CONTRARY, A PERSON MAY DRIVE A
5 COMMERCIAL MOTOR VEHICLE IF THE PERSON HAS A COMMERCIAL DRIVER'S
6 LICENSE ISSUED BY ANY STATE, OR ANY PROVINCE OR TERRITORY OF
7 CANADA IN ACCORDANCE WITH THE MINIMUM FEDERAL STANDARDS FOR THE
8 ISSUANCE OF COMMERCIAL MOTOR VEHICLE DRIVERS' LICENSES, IF THE
9 PERSON'S OPERATING PRIVILEGE IS NOT SUSPENDED, REVOKED OR
10 CANCELED AND IF THE PERSON IS NOT DISQUALIFIED FROM DRIVING A
11 COMMERCIAL MOTOR VEHICLE OR SUBJECT TO AN OUT-OF-SERVICE ORDER.
12 § 1617. FEES.
13 FEES RELATING TO COMMERCIAL DRIVERS' LICENSES TO BE COLLECTED
14 BY THE DEPARTMENT UNDER THIS CHAPTER SHALL BE IN ADDITION TO ANY
15 OTHER FEES IMPOSED UNDER THE PROVISIONS OF THIS TITLE AND ARE AS
16 FOLLOWS:
17 (1) THE ANNUAL FEE FOR A COMMERCIAL DRIVER'S LICENSE
18 DESIGNATION SHALL BE $10.
19 (2) IN ADDITION TO ANY OTHER RESTORATION FEE REQUIRED BY
20 THIS TITLE, AN ADDITIONAL RESTORATION FEE OF $50 SHALL BE
21 ASSESSED AND COLLECTED BEFORE REINSTATING A COMMERCIAL
22 DRIVER'S OPERATING PRIVILEGE FOLLOWING A SUSPENSION OR
23 REVOCATION UNDER THIS TITLE OR DISQUALIFICATION UNDER THIS
24 CHAPTER.
25 (3) IF THE COMMERCIAL DRIVING PRIVILEGE OF A DRIVER IS
26 DISQUALIFIED, A CLASS C NONCOMMERCIAL OR M LICENSE, IF THE
27 DRIVER POSSESSES THE MOTORCYCLE QUALIFICATION, MAY BE
28 OBTAINED UPON PAYMENT OF THE FEES ASSOCIATED WITH OBTAINING A
29 DUPLICATE LICENSE.
30 § 1618. FINES EXEMPT FROM JUDICIAL COMPUTER ACCOUNT.
19890S0498B1759 - 38 -
1 ALL FINES AND PENALTIES IMPOSED BY THIS CHAPTER SHALL BE
2 DEPOSITED INTO THE MOTOR LICENSE FUND AND SHALL NOT BE SUBJECT
3 TO THE PROVISIONS OF 42 PA.C.S. § 3733 (RELATING TO DEPOSITS
4 INTO ACCOUNT).
5 SECTION 4. SECTION 2102(C) OF TITLE 75 IS AMENDED TO READ:
6 § 2102. Identification markers required.
7 * * *
8 (c) Issuance of markers.--
9 (1) Identification markers shall be issued on a 12-month
10 basis, effective April 1 of each year, and shall be valid
11 through the next succeeding March 31; however, enforcement of
12 this section shall not become effective until April 15 of
13 each year as to motor carrier vehicles displaying the
14 previous year's identification marker.
15 (2) The Department of Revenue shall have the power and
16 may designate dealers of motor carrier vehicles, the
17 department and designated agents of the department located
18 within this Commonwealth to act as agents for the Department
19 of Revenue for the purpose of collecting the fee under
20 subsection (b), processing the necessary papers and issuing a
21 temporary permit to authorize the operation of a motor
22 carrier vehicle pending issuance of a permanent
23 identification marker by the department.
24 * * *
25 Section 2 5. Section 2103 of Title 75 is amended by adding a <--
26 subsection to read:
27 § 2103. False statements and penalties.
28 * * *
29 (a.1) Operation without identification marker.--
30 Notwithstanding the provisions of subsection (b), any person who
19890S0498B1759 - 39 -
1 violates section 2102(d) (relating to identification markers
2 required) and who can adequately establish an absence of knowing
3 and willful intent shall be guilty of a summary offense and
4 shall be sentenced to pay a fine of $25.
5 * * *
6 Section 3. This act shall take effect as follows: <--
7 (1) Section 1 (section 2102) of this act shall take
8 effect in 180 days.
9 (2) The remainder of this act shall take effect in 60
10 days.
11 SECTION 6. SECTION 3714 OF TITLE 75 IS AMENDED TO READ: <--
12 § 3714. [RECKLESS] CARELESS DRIVING.
13 ANY PERSON WHO DRIVES A VEHICLE IN CARELESS DISREGARD FOR THE
14 SAFETY OF PERSONS OR PROPERTY IS GUILTY OF [RECKLESS] CARELESS
15 DRIVING, A SUMMARY OFFENSE.
16 SECTION 7. SECTION 3731 OF TITLE 75 IS AMENDED BY ADDING A
17 SUBSECTION TO READ:
18 § 3731. DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
19 SUBSTANCE.
20 * * *
21 (I) DRIVING A COMMERCIAL MOTOR VEHICLE WHILE UNDER THE
22 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE.--A PERSON SHALL
23 NOT DRIVE, OPERATE OR BE IN PHYSICAL CONTROL OF THE MOVEMENT OF
24 ANY COMMERCIAL VEHICLE WHILE:
25 (1) UNDER THE INFLUENCE OF ALCOHOL;
26 (2) UNDER THE INFLUENCE OF ANY CONTROLLED SUBSTANCE AS
27 DEFINED IN SECTION 1603 (RELATING TO DEFINITIONS);
28 (3) UNDER THE COMBINED INFLUENCE OF ALCOHOL AND ANY
29 CONTROLLED SUBSTANCE; OR
30 (4) THE AMOUNT OF ALCOHOL BY WEIGHT IN THE PERSON'S
19890S0498B1759 - 40 -
1 BLOOD IS 0.04% OR MORE.
2 SECTION 8. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
3 § 3736. RECKLESS DRIVING.
4 (A) GENERAL RULE.--ANY PERSON WHO DRIVES ANY VEHICLE IN
5 WILLFUL OR WANTON DISREGARD FOR THE SAFETY OF PERSONS OR
6 PROPERTY IS GUILTY OF RECKLESS DRIVING.
7 (B) PENALTY.--ANY PERSON WHO VIOLATES THIS SECTION COMMITS A
8 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
9 A FINE OF $200.
10 SECTION 9. SECTION 6146 OF TITLE 75 IS AMENDED TO READ:
11 § 6146. ENFORCEMENT AGREEMENTS.
12 THE SECRETARY MAY ENTER INTO AGREEMENTS RELATING TO
13 ENFORCEMENT OF THIS TITLE, INCLUDING, BUT NOT LIMITED TO[,]:
14 (1) THE DRIVER LICENSE COMPACT AND ANY OTHER AGREEMENTS
15 TO NOTIFY ANY STATE OF VIOLATIONS INCURRED BY RESIDENTS OF
16 THAT STATE[,];
17 (2) AGREEMENTS TO SUSPEND OR REVOKE THE OPERATING
18 PRIVILEGE OF PENNSYLVANIA LICENSED DRIVERS WHO ARE CONVICTED
19 IN FEDERAL COURT OR IN ANOTHER STATE OF ANY OFFENSE
20 ESSENTIALLY SIMILAR TO THOSE ENUMERATED IN [SUBCHAPTER B OF
21 CHAPTER 37 (RELATING TO SERIOUS TRAFFIC OFFENSES) AND]
22 SECTION 1532(A) AND (B) (RELATING TO SUSPENSION OR REVOCATION
23 OF OPERATING PRIVILEGE);
24 (3) AGREEMENTS TO DISQUALIFY THE COMMERCIAL DRIVING
25 PRIVILEGE OF PENNSYLVANIA-LICENSED DRIVERS CONVICTED IN
26 FEDERAL COURT OR IN ANOTHER STATE OF OFFENSES ESSENTIALLY
27 SIMILAR TO THOSE RESULTING IN DISQUALIFICATION UNDER SECTION
28 1611 (RELATING TO DISQUALIFICATION);
29 (4) AGREEMENTS TO ESTABLISH PROCEDURES FOR THE SEIZURE
30 OF SUSPENDED, REVOKED OR DISQUALIFIED DRIVERS' LICENSES OF
19890S0498B1759 - 41 -
1 RESIDENTS OF OTHER STATES; AND
2 (5) AGREEMENTS TO TAKE MEASURES TO ASSURE TAKING OF
3 CHEMICAL TESTS OF BREATH, BLOOD OR URINE AND PAYMENT OF FINES
4 OR ATTENDANCE AT HEARINGS BY PERSONS CHARGED WITH THESE OR
5 OTHER VIOLATIONS.
6 SECTION 10. SECTION 6323(2) OF TITLE 75 IS AMENDED AND THE
7 SECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
8 § 6323. REPORTS BY COURTS.
9 SUBJECT TO ANY INCONSISTENT PROCEDURES AND STANDARDS RELATING
10 TO REPORTS AND TRANSMISSION OF FUNDS PRESCRIBED PURSUANT TO
11 TITLE 42 (RELATING TO JUDICIARY AND JUDICIAL PROCEDURE):
12 * * *
13 (2) A RECORD OF THE JUDGMENT SHALL ALSO BE FORWARDED TO
14 THE DEPARTMENT UPON CONVICTION OR ACQUITTAL OF A PERSON OF A
15 FELONY, A MISDEMEANOR OF THE FIRST DEGREE OR A MISDEMEANOR OF
16 THE SECOND DEGREE IN THE COMMISSION OF WHICH THE JUDGE
17 DETERMINES THAT A MOTOR VEHICLE WAS ESSENTIALLY INVOLVED.
18 * * *
19 (4) THE RECORD OF JUDGMENT REQUIRED TO BE SENT TO THE
20 DEPARTMENT BY SUBSECTIONS (1) AND (2) SHALL INDICATE IF THE
21 VEHICLE DRIVEN BY THE PERSON WAS A COMMERCIAL MOTOR VEHICLE.
22 SECTION 11. SECTION 6501(A) OF TITLE 75 IS AMENDED AND THE
23 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
24 § 6501. DEFINITION OF CONVICTION.
25 (A) GENERAL RULE.--FOR THE PURPOSES OF THIS TITLE, A
26 CONVICTION INCLUDES A PLEA OF GUILTY, A PLEA OF NOLO CONTENDERE,
27 A FINDING OF GUILTY BY A COURT OR ADMINISTRATIVE PROCEEDING, AN
28 ADJUDICATION OF DELINQUENCY BY A COURT OR AN UNVACATED
29 FORFEITURE OF BAIL OR COLLATERAL DEPOSITED TO SECURE A
30 DEFENDANT'S APPEARANCE IN COURT.
19890S0498B1759 - 42 -
1 * * *
2 (C) CERTIFIED RECORD OF CONVICTIONS.--FOR THE PURPOSE OF
3 THIS TITLE, A CERTIFIED RECORD OF CONVICTION INCLUDES A
4 CERTIFIED RECORD OF CONVICTION FROM ANY FEDERAL OR STATE COURT
5 AND A CERTIFIED RECORD OF ADMINISTRATIVE ADJUDICATION FROM ANY
6 STATE. THESE RECORDS OR COPIES OF THESE RECORDS SHALL BE
7 ADMISSIBLE IN ANY COURT OF LAW WITHOUT ANY NEED FOR FURTHER
8 DOCUMENTATION.
9 SECTION 12. (A) FOR PURPOSES OF 75 PA.C.S. § 1606(A)
10 (RELATING TO REQUIREMENT FOR COMMERCIAL DRIVER'S LICENSE), A
11 DRIVER WITH A VALID DRIVER'S LICENSE ENDORSED WITH CLASS 2, 3 OR
12 4 SHALL BE CONSIDERED A COMMERCIAL DRIVER UNTIL SUCH TIME AS
13 ESTABLISHED BY REGULATION.
14 (B) THE DEPARTMENT OF TRANSPORTATION SHALL REQUIRE
15 APPLICANTS WITH VALID CLASS 2, 3 OR 4 LEARNERS' PERMITS ISSUED
16 PRIOR TO THE EFFECTIVE DATE OF THIS ACT TO TAKE THE EXAMINATIONS
17 REQUIRED BY THIS ACT.
18 (C) THE DEPARTMENT SHALL SEND TO A DRIVER HOLDING A VALID
19 CLASS 2, 3 OR 4 LICENSE ISSUED BY THE DEPARTMENT WHICH EXPIRES
20 BEFORE APRIL 1, 1992, AN APPLICATION FOR A COMMERCIAL DRIVER'S
21 LICENSE WITH HIS LICENSE RENEWAL SO THAT HE MAY OBTAIN A
22 COMMERCIAL DRIVER'S LICENSE UNDER THIS ACT UPON SUCCESSFULLY
23 MEETING THE REQUIREMENTS OF 75 PA.C.S. § 1607 (RELATING TO
24 COMMERCIAL DRIVER'S LICENSE QUALIFICATION STANDARDS) AND PAYMENT
25 OF THE REQUIRED FEES. A DRIVER WITH A VALID CLASS 3 LICENSE
26 ISSUED BY THE DEPARTMENT SHALL BE ELIGIBLE TO MAKE APPLICATION
27 FOR A CLASS A, B OR C COMMERCIAL DRIVER'S LICENSE. EXCEPT AS
28 PROVIDED ELSEWHERE IN THIS SECTION, A DRIVER WITH A VALID CLASS
29 2 OR 4 LICENSE ISSUED BY THE DEPARTMENT SHALL BE ELIGIBLE TO
30 MAKE APPLICATION FOR A CLASS B OR C COMMERCIAL DRIVER'S LICENSE.
19890S0498B1759 - 43 -
1 IF A DRIVER HAS NOT PASSED THE COMMERCIAL DRIVER'S LICENSE TEST
2 BY THE DATE ESTABLISHED BY THE DEPARTMENT, HIS CLASS 2, 3 OR 4
3 LICENSE SHALL BE VALID ONLY AS A CLASS C NONCOMMERCIAL LICENSE
4 AS DEFINED IN 75 PA.C.S. § 1504(D)(3) (RELATING TO CLASSES OF
5 LICENSES).
6 (D) THE DEPARTMENT SHALL SEND TO A DRIVER HOLDING A VALID
7 CLASS 2, 3 OR 4 DRIVER'S LICENSE ISSUED BY THE DEPARTMENT WHICH
8 EXPIRES AFTER APRIL 1, 1992, AN APPLICATION FOR A COMMERCIAL
9 DRIVER'S LICENSE WHICH SHALL INDICATE THAT HIS CLASS 2, 3 OR 4
10 LICENSE SHALL EXPIRE ON A DATE ESTABLISHED BY THE DEPARTMENT. A
11 DRIVER WITH A VALID CLASS 3 LICENSE ISSUED BY THE DEPARTMENT
12 SHALL BE ELIGIBLE TO MAKE APPLICATION FOR A CLASS A, B OR C
13 COMMERCIAL DRIVER'S LICENSE. A DRIVER WITH A VALID CLASS 2 OR 4
14 LICENSE ISSUED BY THE DEPARTMENT SHALL BE ELIGIBLE TO MAKE
15 APPLICATION FOR A CLASS B OR C COMMERCIAL DRIVER'S LICENSE.
16 EXCEPT AS PROVIDED ELSEWHERE IN THIS SECTION, IF A DRIVER HAS
17 NOT PASSED THE COMMERCIAL DRIVER'S LICENSE TEST BY THE DATE
18 ESTABLISHED BY THE DEPARTMENT, HIS CLASS 2, 3 OR 4 LICENSE SHALL
19 BE VALID ONLY AS A CLASS C NONCOMMERCIAL LICENSE AS DEFINED IN
20 75 PA.C.S. § 1504(D)(3) (RELATING TO CLASSES OF LICENSES). UPON
21 MEETING THE REQUIREMENTS OF 75 PA.C.S. § 1607 AND PAYMENT OF THE
22 APPROPRIATE FEES, THE DRIVER SHALL BE ISSUED A COMMERCIAL
23 DRIVER'S LICENSE.
24 (E) A DRIVER WITH A VALID CLASS 2, 3 OR 4 LICENSE ISSUED BY
25 THE DEPARTMENT, WHO FAILS THREE TIMES, OR DOES NOT PASS BY THE
26 DATE ESTABLISHED BY THE DEPARTMENT, THE DRIVING SKILLS TESTS
27 REQUIRED FOR A COMMERCIAL DRIVER'S LICENSE UNDER 75 PA.C.S. §
28 1607, MUST MAKE AN APPLICATION FOR A COMMERCIAL LEARNER'S PERMIT
29 IN ORDER TO OBTAIN A COMMERCIAL DRIVER'S LICENSE; AND THE CLASS
30 2, 3 OR 4 LICENSE SHALL BE RATED ONLY AS A CLASS C LICENSE AS
19890S0498B1759 - 44 -
1 DEFINED IN 75 PA.C.S. § 1504(D)(3) (RELATING TO CLASSES OF
2 LICENSES).
3 (F) A DRIVER WITH A VALID CLASS 2, 3 OR 4 LICENSE ISSUED BY
4 THE DEPARTMENT WHO IS NOT REQUIRED BY THE DEPARTMENT TO TAKE, OR
5 PASSES BY THE DATE ESTABLISHED BY THE DEPARTMENT, THE DRIVING
6 SKILLS TEST REQUIRED FOR A COMMERCIAL DRIVER'S LICENSE UNDER 75
7 PA.C.S. § 1607 (RELATING TO COMMERCIAL DRIVER'S LICENSE
8 QUALIFICATION STANDARDS) AND WHO HAS TAKEN THE KNOWLEDGE TESTS
9 UNDER 75 PA.C.S. § 1607 THREE TIMES BUT FOR THE THIRD TIME FAILS
10 TO PASS THE KNOWLEDGE TESTS BY THE DATE ESTABLISHED BY THE
11 DEPARTMENT SHALL BE PERMITTED TO EXTEND THE OPPORTUNITY TO TAKE
12 THE COMMERCIAL DRIVER'S LICENSE KNOWLEDGE TESTS FOR ADDITIONAL
13 TESTING PERIODS OF 120 DAYS OR UNTIL MARCH 31, 1992, WHICHEVER
14 OCCURS FIRST, UPON PAYMENT OF A $15 TEST EXTENSION FEE FOR EACH
15 ADDITIONAL EXTENSION. THE DRIVER'S CLASS 2, 3 OR 4 LICENSE SHALL
16 REMAIN VALID FOR THE TEST-EXTENSION PERIOD. IF THE DRIVER FAILS
17 TO REQUEST AN EXTENSION UNDER THIS SUBSECTION OR FAILS TO PASS
18 THE KNOWLEDGE TEST BY MARCH 31, 1992, THE CLASS 2, 3 OR 4
19 LICENSE SHALL BE VALID ONLY AS A CLASS C NONCOMMERCIAL LICENSE
20 AS DEFINED IN 75 PA.C.S. § 1504(D)(3).
21 (G) A DRIVER HOLDING A VALID CLASS 1 DRIVER'S LICENSE ISSUED
22 BY THE DEPARTMENT WHICH EXPIRES AFTER NOVEMBER 1, 1990, SHALL BE
23 CONSIDERED TO BE A CLASS C NONCOMMERCIAL DRIVER UNTIL EXPIRATION
24 OF THE LICENSE.
25 (H) A DRIVER HOLDING A VALID CLASS 5 OR 6 DRIVER'S LICENSE
26 ISSUED BY THE DEPARTMENT WHICH EXPIRES AFTER NOVEMBER 1, 1990,
27 SHALL BE CONSIDERED TO BE A CLASS M DRIVER UNTIL THE EXPIRATION
28 OF THE LICENSE.
29 SECTION 13. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
30 (1) SECTION 3 (SECTIONS 1604(D), 1605(C), 1606(C) AND
19890S0498B1759 - 45 -
1 (D), 1611, 1612 AND 1613) OF THIS ACT SHALL TAKE EFFECT APRIL
2 1, 1992.
3 (2) SECTION 3 (SECTION 1607) OF THIS ACT SHALL TAKE
4 EFFECT IMMEDIATELY.
5 (3) SECTION 3 (SECTION 1610(C)) OF THIS ACT SHALL TAKE
6 EFFECT WHEN THE DEPARTMENT OF TRANSPORTATION HAS ACCESS TO
7 THE COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM, BUT NO
8 LATER THAN APRIL 1, 1992.
9 (4) SECTION 4 (SECTION 2102) OF THIS ACT SHALL TAKE
10 EFFECT IN 180 DAYS.
11 (5) SECTION 5 (SECTION 2103) OF THIS ACT SHALL TAKE
12 EFFECT IN 60 DAYS.
13 (6) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT NOVEMBER
14 1, 1990.
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