PRINTER'S NO. 2832
No. 2096 Session of 1984
INTRODUCED BY GLADECK, CESSAR, GODSHALL, PETERSON, WOGAN,
AFFLERBACH, SAURMAN, CLYMER, SALVATORE, DeLUCA, BURD, CORNELL
AND BUNT, APRIL 30, 1984
REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 30, 1984
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for provisional licenses and suspensions
3 for alcohol use in certain cases.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1504 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 1504. Classes of licenses.
9 * * *
10 (f) Provisional license.--
11 (1) The original license issued to a new applicant 20
12 years of age or older shall be a provisional license for a
13 period of one year following the date of issue and shall
14 remain in force as a nonprovisional license to the next
15 normal expiration date. If a person is convicted of or
16 adjudicated to have committed a motor vehicle moving
17 violation while in possession of a provisional license on the
18 first offense, the license shall be suspended for 30 days. If
1 he is convicted of or adjudicated to have committed a second
2 moving violation, the license shall be suspended for 60 days.
3 If he is convicted of or adjudicated to have committed a
4 third moving violation, the license shall be suspended to the
5 second birthday next following the date of issue or for 90
6 days, whichever is the longer period of time. In these cases,
7 a hearing may be requested of the department and the
8 department shall afford the provisional licensee the
9 opportunity for a hearing as soon as practicable after
10 receipt of the request. Upon the hearing, the department, for
11 good cause shown, may continue, modify or rescind the
12 suspension. This subsection shall not prevail when a person
13 is convicted of or adjudicated to have committed an offense
14 which carries a suspension or revocation period greater than
15 that prescribed in this paragraph.
16 (2) The original license or any renewal license issued
17 to an applicant under 20 years of age shall be a provisional
18 license for a period of one year following the date of issue
19 or until the licensee attains the age of 20 years of age,
20 whichever occurs last. Upon the expiration of the
21 provisionary term, the license shall remain in force as a
22 nonprovisional license to the next normal expiration date. A
23 license issued by any other jurisdiction to a person who has
24 not yet attained the age of 20 years shall be construed to be
25 a provisional license for the purpose of operating a motor
26 vehicle in this Commonwealth.
27 (i) During the first year from the date of issue of
28 the provisional license, if a person is convicted of or
29 adjudicated to have committed a motor vehicle moving
30 violation, on the first offense the license shall be
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1 suspended for 30 days. If he is convicted of or
2 adjudicated to have committed a second moving violation,
3 the license shall be suspended for 60 days. If he is
4 convicted of or adjudicated to have committed a third
5 moving violation, the license shall be suspended to the
6 second birthday next following the date of issue or for
7 90 days, whichever is the longer period of time. In these
8 cases, a hearing may be requested of the department and
9 the department shall afford the provisional licensee the
10 opportunity for a hearing as soon as practicable after
11 receipt of the request. Upon the hearing, the department,
12 for good cause shown, may continue, modify or rescind the
13 suspension. This subparagraph shall not prevail when a
14 person is convicted of or adjudicated to have committed
15 an offense which carries a suspension or revocation
16 period greater than that prescribed in this subparagraph.
17 (ii) The department shall suspend for a minimum
18 period of one year, without preliminary hearing, the
19 provisional license of a person under 20 years of age as
20 to whom there is received the result of a test to
21 determine his blood alcohol level which shows the
22 presence of 0.02% or more by weight of alcohol in his
23 blood.
24 (iii) A person not having attained the age of 20
25 years who operates or attempts to operate a motor vehicle
26 in this Commonwealth shall have the duty to submit to a
27 test to determine his blood-alcohol level by analysis of
28 his blood or breath, if there is probable cause to
29 believe he has operated or attempted to operate a motor
30 vehicle while having 0.02% or more by weight of alcohol
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1 in his blood. In all cases, probable cause shall be to
2 believe that the person was operating or attempting to
3 operate a motor vehicle while having 0.02% or more by
4 weight of alcohol in his blood and that the suspension
5 for failing to comply with the duty to submit to the test
6 shall be for a period of one year.
7 (iv) The department, upon receipt of both a written
8 statement under oath from a law enforcement officer that
9 the officer has probable cause to believe that the person
10 was operating or attempting to operate a motor vehicle
11 while having 0.02% or more by weight of alcohol in his
12 blood and the result of a blood-alcohol test taken which
13 shows the presence of 0.02% or more by weight of alcohol
14 in his blood, shall immediately notify the person, in
15 writing, that his provisional license has been suspended.
16 The suspension shall be for a period of one year. The
17 written statement shall be sent to the department within
18 72 hours of receipt by the officer of the results of the
19 test, excluding Saturdays, Sundays and holidays. If the
20 statement is not sent within this time period, the
21 department shall nevertheless impose the suspension upon
22 receipt, unless the delay has prejudiced the person's
23 ability to prepare for or participate in the hearing. If
24 a person whose license is so suspended desires to have a
25 hearing, he shall so notify the department in writing
26 within ten days from the effective date of the
27 suspension. The suspension shall remain in effect pending
28 the hearing.
29 (v) The scope of the hearing shall cover whether
30 there was probable cause to believe that the person was
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1 operating or attempting to operate a motor vehicle while
2 having 0.02% or more by weight of alcohol in his blood.
3 If it is determined after the hearing that there was not
4 probable cause to believe that the person was operating
5 or attempting to operate a motor vehicle while having
6 0.02% or more by weight of alcohol in his blood, the
7 suspension shall be removed immediately and the
8 department shall delete any record of the suspension.
9 (vi) A person whose provisional license is suspended
10 under this paragraph on the basis of a blood-alcohol test
11 shall have the right to file a petition in the court of
12 common pleas in the county where he resides to review the
13 order of suspension by the department. If the court
14 rescinds the suspension, it shall also order the
15 department to delete any record of the suspension.
16 Section 2. This act shall take effect in 60 days.
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