PRINTER'S NO. 959
No. 880 Session of 1993
INTRODUCED BY McCALL, DeWEESE, CESSAR, LINTON, TRELLO, COY,
DALEY, PRESTON, STISH, MELIO, ROONEY, BELFANTI, CORNELL,
HARLEY AND BELARDI, MARCH 24, 1993
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 24, 1993
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for the determination of the
3 competency of licensed drivers and for certain judicial
4 reviews.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1519 and 1550 of Title 75 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 1519. Determination of incompetency.
10 (a) General rule.--The department, having cause to believe
11 that a licensed driver or applicant may not be physically or
12 mentally qualified to be licensed, may [obtain the advice of a
13 physician who shall cause an examination to be made or who shall
14 designate any other qualified physician. The licensed driver or
15 applicant may] require the applicant or driver to undergo one or
16 more of the examinations authorized under this subchapter in
17 order to determine the competency of the person to drive. Where
18 the department requires a medical examination, the department
1 may require the person to be examined by a physician designated
2 by the department or may require the person to undergo an
3 examination by a physician of the person's choice. If the
4 department designates the physician, the person may, in
5 addition, cause a written report to be forwarded to the
6 department by a physician of the driver's or applicant's choice.
7 [Vision qualifications shall be determined by an optometrist or
8 ophthalmologist.] The department shall appoint one or more
9 qualified persons who shall consider all medical reports and
10 testimony [and] in order to determine the competency of the
11 driver or the applicant to drive.
12 (b) Confidentiality of reports and evidence.--Reports
13 received by the department for the purpose of assisting the
14 department in determining whether a person is qualified to be
15 licensed and reports of examinations authorized under this
16 subchapter are for the confidential use of the department and
17 may not be divulged to any person or used as evidence in any
18 trial except that the reports [may] and statistics and
19 evaluations used by the department in determining whether a
20 person should be required to be examined under this subchapter
21 shall be admitted in proceedings under [subsection (c) and any
22 physician or optometrist conducting an examination pursuant to
23 subsection (a) may be compelled to testify concerning
24 observations and findings in such proceedings. The party calling
25 the physician or optometrist as an expert witness shall be
26 obliged to pay the reasonable fee for such testimony] section
27 1550 (relating to judicial review).
28 (c) Recall or suspension of operating privilege.--The
29 department shall recall the operating privilege of any person
30 whose incompetency has been established under the provisions of
19930H0880B0959 - 2 -
1 this chapter. The recall shall be for an indefinite period until
2 satisfactory evidence is presented to the department in
3 accordance with regulations to establish that such person is
4 competent to drive a motor vehicle. The department shall suspend
5 the operating privilege of any person who refuses or fails to
6 comply with the requirements of this section until the person
7 does comply and the person's competency to drive is established.
8 Any person aggrieved by recall of the operating privilege may
9 appeal in the manner provided in section 1550 [(relating to
10 judicial review)]. The review shall be limited to whether the
11 person is competent to drive in accordance with the provisions
12 of the regulations promulgated under section 1517 (relating to
13 Medical Advisory Board).
14 § 1550. Judicial review.
15 (a) General rule.--Any person who has been denied a driver's
16 license, whose driver's license has been canceled or whose
17 operating privilege has been recalled, [canceled,] suspended,
18 revoked or disqualified by the department shall have the right
19 to appeal to the court vested with jurisdiction of such appeals
20 by or pursuant to Title 42 (relating to judiciary and judicial
21 procedure). The appellant shall serve a copy of the petition for
22 appeal, together with a copy of the notice of the action from
23 which the appeal has been taken, upon the department's legal
24 office.
25 (b) Supersedeas.--
26 (1) [In the case of a recall, suspension, cancellation
27 or revocation, the filing of the] Filing and service of a
28 petition for appeal from a suspension or revocation shall
29 operate as a supersedeas[, and no recall, suspension,
30 cancellation or revocation shall be imposed against such
19930H0880B0959 - 3 -
1 person] until final determination of the matter[.] by the
2 court vested with the jurisdiction of such appeals, except
3 that filing and service of a petition for appeal from denial,
4 recall, suspension or cancellation of a driver's license
5 under section 1503 (relating to persons ineligible for
6 licensing), 1504 (relating to classes of licenses), 1509
7 (relating to qualifications for school bus driver
8 endorsement), 1514 (relating to expiration and renewal of
9 drivers' licenses), 1519 (relating to determination of
10 incompetency) or 1572 (relating to cancellation of driver's
11 license) shall not act as a supersedeas unless ordered by the
12 court after a hearing attended by the petitioner. Further
13 review by another court shall not operate as a supersedeas
14 unless a court of competent jurisdiction determines
15 otherwise.
16 (2) In the case of a disqualification of the commercial
17 operating privilege, the driver may petition to the court of
18 common pleas of his county of residence, which court may
19 grant a supersedeas ex parte upon a showing of reasonable
20 likelihood of successful prosecution of the appeal.
21 (c) Proceedings of court.--The court shall set the matter
22 for hearing upon [30] 60 days written notice to the department
23 and determine whether the [petitioner is in fact the person
24 whose] petitioner's driver's license should be denied or
25 canceled, the petitioner's operating privilege [is subject to
26 the recall, suspension, cancellation, revocation or
27 disqualification.] should be suspended, revoked or recalled, or
28 the petitioner's endorsement should be removed.
29 Section 2. This act shall take effect in 60 days.
A26L75RZ/19930H0880B0959 - 4 -