PRINTER'S NO. 86
No. 77 Session of 1983
INTRODUCED BY SALVATORE AND MAIALE, JANUARY 26, 1983
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 26, 1983
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the issuance of limited driver's
3 license in certain cases; and providing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 1553. Limited driver's license.
9 (a) Issuance.--The department may issue to a person whose
10 driver's license has been suspended a limited driver's license
11 upon a showing that the license is necessary for any of the
12 following:
13 (1) Transportation to and from work.
14 (2) Engaging in an occupation, trade, business or
15 profession for which the operation of a motor vehicle is
16 essential.
17 (3) Obtaining medical care for the person or his
18 dependent.
1 (b) Limitations on eligibility.--A person shall be eligible
2 for only one limited license in any two-year period. No person
3 whose license has been revoked and no person whose license has
4 been suspended pursuant to section 1547 (relating to chemical
5 testing to determine amount of alcohol or controlled substance)
6 shall be eligible for a limited license.
7 (c) Application and fee.--Whenever a person is notified by
8 the department that his driver's license is suspended, he may,
9 within ten days, make application for a limited license which
10 shall be accompanied by a fee of $10 and satisfactory proof of
11 financial responsibility. The department, after making a
12 determination that the applicant is eligible to apply for a
13 license, shall assign the case to a hearing examiner for a
14 departmental hearing. The hearing examiner shall be located as
15 close as possible to the residence of the applicant. The
16 department shall postpone the effective date of the suspension
17 pending the outcome of the application for a limited license if
18 the application is made within the time prescribed in this
19 subsection.
20 (d) Hearing and determination.--
21 (1) Hearing notice and procedure.--The hearing examiner
22 shall, upon receipt of notification by the department,
23 immediately notify the applicant of the time and place of the
24 hearing which shall be held as soon as possible. At the
25 hearing the applicant may be represented by counsel and may
26 present testimony concerning his need for a limited license.
27 Notes of testimony shall be taken and the examiner shall
28 render a decision as to whether or not the notes shall be
29 reduced to writing and filed of record. The hearing examiner
30 shall not be bound by the strict rules of evidence.
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1 (2) Recommendation and determination.--Within five days
2 after hearing the testimony, the hearing examiner shall
3 forward to the department for its action his recommendation
4 to deny the applicant a limited license or to grant a limited
5 license with any restrictions thereon that he may deem
6 appropriate. The department shall not grant nor shall an
7 examiner recommend that an applicant be granted a limited
8 license whenever it is found upon sufficient evidence that
9 the applicant's license was suspended under circumstances in
10 which the applicant displayed reckless, willful and wanton
11 disregard for the safety of others or operated his vehicle in
12 a grossly negligent manner. If the department grants the
13 applicant a limited license, the restrictions shall be noted
14 on the license and it shall be valid for the period of the
15 suspension unless otherwise noted. In granting a limited
16 license the department may require the driver to attend an
17 approved driver improvement school or require him to attend a
18 clinic or any combination of the two.
19 (e) Judicial review.--Any applicant who is denied a limited
20 license under this section shall have the right to file a
21 petition, within 30 days thereafter, for a hearing on the matter
22 in the court of common pleas of the county in which the
23 applicant resides.
24 (f) Driving in violation of restrictions.--If any person
25 drives a motor vehicle or tractor in violation of the
26 restrictions of a limited license, the department shall suspend
27 the operating privilege of that person for a period twice as
28 long as the original suspension during which period the person
29 shall not be eligible to apply for a limited driver's license.
30 If any person is convicted of any violation to which the point
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1 system of section 1535 (relating to schedule of convictions and
2 points) applies, while driving a motor vehicle or tractor under
3 the provisions of this section, the department shall immediately
4 revoke the driver's limited license.
5 Section 2. This act shall take effect in 90 days.
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