§ 1606. Requirement for commercial driver's license.
(a) When required.--No person, except those specifically exempted in subsection (b), shall drive a commercial motor vehicle unless:
(1) the person has been issued a commercial driver's license;
(2) the person's commercial driver's license is in his immediate possession; and
(3) the person's commercial driver's license was issued for the class of commercial motor vehicle operated and contains all applicable license endorsements.
(b) Exemptions.--The following persons are not required to obtain a commercial driver's license in order to drive the commercial motor vehicle specified:
(1) A person with a commercial driver learner's permit who is accompanied by the holder of a commercial driver's license valid for the vehicle being driven.
(2) A person in the service of the Armed Forces of the United States, including members of the Reserves and National Guard on active duty; personnel on full-time National Guard duty; and personnel on inactive National Guard duty training or part-time National Guard training and National Guard military technicians who are required to wear military uniforms; and active duty United States Coast Guard personnel when operating commercial motor vehicles for military purposes.
(3) A person who is a volunteer or paid firefighter with a Class C license and who has a certificate of authorization from his fire chief while operating a fire or emergency vehicle registered to the fire department or municipality.
(4) Any member of a rescue or emergency squad who is the holder of a Class C license and who has a certificate of authorization from the head of the rescue or emergency squad while operating any rescue or emergency vehicle equipped with audible and visual signals registered to the rescue or emergency squad or municipality.
(5) A licensed driver under section 1504(d.1) (relating to classes of licenses) operating a Pennsylvania covered farm vehicle anywhere within this Commonwealth.
(5.1) A licensed driver with a Class A, Class B or Class C or out-of-State equivalent license operating a covered farm vehicle from another state when operated within 150 air-miles of the out-of-State farm.
(6) A driver with a Class C license operating a school bus, school vehicle or other commercial vehicle at the direction of authorized emergency management personnel in a time of declared Federal, State or local emergency. A person driving a school bus, school vehicle or other commercial vehicle pursuant to this paragraph shall not be subject to sanctions under the provisions of this chapter or section 3742.1 (relating to accidents involving death or personal injury while not properly licensed).
(7) An employee of the State emergency management agency or a county emergency management organization who is the holder of a Class C license and who has a certificate of authorization from the head of the State emergency management agency or a county emergency management organization while operating any emergency vehicle equipped with audible and visual signals registered to the Commonwealth, State emergency management agency, county or county emergency management organization.
(8) The following shall apply:
(i) A driver who is 18 years of age or older and employed by a political subdivision may operate a commercial motor vehicle within the boundaries of the political subdivision for the purpose of removing snow or ice from a roadway by plowing, sanding or salting, if:
(A) the properly licensed employee who ordinarily operates a commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, sanding or salting is unable to operate the vehicle; or
(B) the political subdivision determines that a snow or ice emergency exists that requires additional assistance.
(ii) The driver must have a certificate of authorization from the head of the political subdivision while operating the commercial motor vehicle. An individual operating a commercial motor vehicle under this paragraph shall not be subject to sanctions under the provisions of this chapter or section 3742.1.
(c) Prohibitions.--
(1) No person shall drive a commercial motor vehicle or a school vehicle during any period in which:
(i) his privilege to drive a commercial motor vehicle or a school vehicle in a state has been removed for any reason, including disqualification, until the person's commercial operating privilege has been restored;
(ii) his operating privilege is suspended, revoked, canceled or recalled until the person's operating privilege has been restored; or
(iii) the driver or vehicle has been placed under an out-of-service order.
(2) No person who operates a commercial motor vehicle shall at any time have more than one commercial driver's license.
(c.1) Additional prohibitions.--No person shall drive a commercial motor vehicle during any period of time that the motor carrier has been placed under an out-of-service order.
(d) Penalties.--
(1) Except as provided in paragraph (6), a person who violates subsection (a) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500. Except that, if the person charged furnishes satisfactory proof of having held a commercial driver's license valid on the last day of the preceding driver's license period and no more than 60 days have elapsed from the last date of renewal, the fine shall be $100. Except as provided in paragraph (6), every person convicted of a second or subsequent violation of subsection (a) shall be sentenced to pay a fine of not less than $500 nor more than $1,500.
(2) A person who drives a commercial motor vehicle or a school vehicle while subject to disqualification commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500. Every person convicted of a second or subsequent violation of driving a commercial motor vehicle while subject to disqualification shall be sentenced to pay a fine of not less than $500 nor more than $1,500.
(3) A person who drives a commercial motor vehicle or a school vehicle while subject to disqualification under section 1611(b) or (e) (relating to disqualification) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000 or to imprisonment for six months, or both.
(4) A person who drives a commercial motor vehicle or a school vehicle in violation of an out-of-service order issued under section 1612 (relating to commercial drivers prohibited from operating with any alcohol in system) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $2,500 for a first offense and $5,000 for a second or subsequent offense.
(5) A person who drives a commercial motor vehicle or a school vehicle in violation of an out-of-service order (other than an out-of-service order issued under section 1612) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $2,500 for a first offense and $5,000 for a second or subsequent offense.
(6) No person shall be convicted of violating subsection (a) if the person produces at the office of the issuing authority within 15 days of the violation:
(i) a commercial driver's license valid in this Commonwealth at the time of the violation; or
(ii) if the commercial driver's license is lost, stolen, destroyed or illegible, evidence that the driver was licensed at the time of the violation and that application for a duplicate license had been made at the time of the violation.
(7) A person who drives a commercial motor vehicle in violation of subsection (c)(1)(ii) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000.
(8) A person who drives a commercial motor vehicle in violation of subsection (c)(2) commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $1,000.
(e) Convictions and fines cumulative.--Any violations brought under this section and fines imposed under this section shall be in addition to violations brought and fines imposed under any other sections of this title.
(May 21, 1992, P.L.246, No.39, eff. imd.; May 20, 1993, P.L.30, No.10, eff. 60 days; July 5, 2005, P.L.100, No.37; June 29, 2006, P.L.284, No.61, eff. imd.; Nov. 26, 2008, P.L.1658, No.133, eff. 60 days; Jan. 27, 2012, P.L.1, No.1, eff. 60 days; Oct. 24, 2012, P.L.1473, No.187, eff. 60 days; Oct. 14, 2014, P.L.2491, No.140, eff. imd.; Oct. 22, 2014, P.L.2635, No.170, eff. 60 days; Nov. 25, 2020, P.L.1246, No.131, eff. imd.; Nov. 17, 2021, P.L.444, No.90, eff. imd.)
2021 Amendment. Act 90 amended subsec. (b)(5) and (5.1).
2020 Amendment. Act 131 added subsec. (b)(8).
2014 Amendments. Act 140 amended subsec. (b)(7) and Act 170 amended subsec. (b)(5) and added subsec. (b)(5.1).
2012 Amendment. Act 187 amended subsec. (a).
Cross References. Section 1606 is referred to in sections 1603, 1607, 1611, 8509 of this title.