PRINTER'S NO. 1140
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1092
Session of
2023
INTRODUCED BY HILL-EVANS, MADDEN, SANCHEZ, SCHLOSSBERG AND
DELLOSO, MAY 3, 2023
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 3, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in commercial drivers, further providing for
disqualification.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1611(d) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1611. Disqualification.
* * *
(d) Mitigation of disqualification for life.--
(1) Except as provided under paragraph (2), a person
subject to lifetime disqualification of commercial driving
privileges under subsection (c) may apply to the department
for reinstatement of commercial driving privileges. The
reinstatement shall be subject to the discretion of the
department and the following requirements:
(i) The person shall voluntarily enter and
successfully complete an appropriate rehabilitation
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program approved by the Department of Health if the
lifetime disqualification was a result of a violation of
any of the following:
(A) S ection 3802 or former section 3731.
(B) Section 1547 (relating to chemical testing
to determine amount of alcohol or controlled
substance) for a refusal to submit to chemical
testing.
(ii) T he person shall attend and successfully
complete an approved driver improvement course
administered by a driver improvement school.
(iii) T he person shall pay the restoration fee
required under section 1617(2) (relating to fees).
(iv) T he person shall meet all the requirements
under Federal and State law to hold a commercial driver's
license.
(v) W ithin the ten years preceding the date of an
application submitted under this subsection, the person
may not have been convicted of any of the following:
(A) A violation of section 3802 or former
section 3731.
(B) A violation of section 3742.
(C) A violation of section 3743.
(D) A violation of section 3745.
(E) A felony in the commission of which a court
determined that a motor vehicle was essentially
involved.
(F) A violation of section 1606(c).
(G) An offense that caused the death of a person
as a result of a motor vehicle accident through the
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negligent operation of a motor vehicle, including a
violation of 18 Pa.C.S. § 2504 or a violation of
section 3732.
(H) A violation of section 1543(b)(1.1)
(relating to driving while operating privilege is
suspended or revoked).
(I) A violation of section 3808(a)(2) (relating
to illegally operating a motor vehicle not equipped
with ignition interlock).
(J) A violation of section 1547 for a refusal to
submit to chemical testing.
(K) An offense in another state similar to an
offense specified in this subparagraph.
(vi) The person shall comply with a requirement or
condition imposed by a court that is consistent with the
treatment needs of the person, the restoration of the
victim to preoffense status or the protection of the
public.
(vii) At least ten years have elapsed from the
effective date of the lifetime disqualification of
commercial driving privileges under subsection (c).
(2) A person who has been convicted of a violation of
any of the following shall be ineligible for reinstatement of
commercial driving privileges under this subsection:
(i) The use of a commercial motor vehicle in the
commission of a felony involving the manufacture,
distribution or dispensing of a controlled substance or
possession with intent to manufacture, distribute or
dispense a controlled substance.
(ii) The use of a commercial motor vehicle in the
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commission of a felony involving an act or practice of
severe forms of trafficking in persons as defined in 22
U.S.C. § 7102(11) (relating to definitions).
(3) A person seeking reinstatement of commercial driving
privileges under this subsection shall submit an application,
by certified mail, on a form prescribed by the department,
and shall include proof of all of the following:
(i) Voluntary admittance and successful completion
of an appropriate rehabilitation program approved by the
Department of Health if required under paragraph (1)(i).
(ii) Attendance and successful completion of an
approved driver improvement course administered by a
driver improvement school.
(iii) C ompliance with all requirements or conditions
imposed by the court.
(4) The department shall provide written notice by first
class mail of the approval or denial of an application
submitted under this subsection within 30 days of receipt of
the application. An applicant who is aggrieved by the
decision of the department may appeal in the manner provided
in section 1550 (relating to judicial review).
(5) If a person approved for reinstatement of commercial
driving privileges under this subsection is subsequently
convicted of any of the offenses specified in subsection (a)
or in 49 CFR 383.51(b) (relating to disqualification of
drivers), the person shall be subject to a permanent lifetime
disqualification of commercial driving privileges and shall
be ineligible for reinstatement under this subsection.
(6) The department may [issue regulations establishing
guidelines, including conditions, under which a
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disqualification for life under subsection (c) may be reduced
to a period of not less than ten years, if such reductions
are permitted by Federal regulations] promulgate rules and
regulations as necessary to implement this subsection.
* * *
Section 2. This act shall take effect in 18 months.
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