PRIOR PRINTER'S NOS. 989, 2611 PRINTER'S NO. 2707
No. 907 Session of 1987
INTRODUCED BY BURD, TRELLO, FARGO, SERAFINI, BUSH, MILLER,
STEVENS, SEVENTY, CESSAR, DURHAM, GLADECK, REINARD, MERRY,
CARN, VEON, TIGUE, PERZEL, BELFANTI, HALUSKA, HOWLETT, WOGAN,
TRUMAN, DOMBROWSKI, MAIALE, McCALL, STABACK, FOX, JOHNSON,
REBER, J. TAYLOR, TELEK, FARMER, MAYERNIK, GODSHALL, DISTLER,
MORRIS, CARLSON, MOEHLMANN, HAYDEN, BUNT, PUNT, CLYMER,
OLIVER, BOWSER, OLASZ, PHILLIPS, DeLUCA, DALEY, CIVERA,
CAWLEY, O'BRIEN, NAHILL, ACOSTA, PETRONE AND CALTAGIRONE,
MARCH 17, 1987
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JANUARY 20, 1988
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for limited drivers' licenses.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 75 of the Pennsylvania Consolidated
6 Statutes is amended by adding a section to read:
7 § 1553. Limited driver's license.
8 (a) Application.--Any person who receives notice from the
9 department that his driver's license is suspended may make an
10 application to the department for a limited driver's license.
11 The application shall be accompanied by a fee of $50 for a
12 suspension of 30 days or less or $100 for a suspension of more
13 than 30 days.
14 (b) Issuance.--No limited driver's license shall be granted
1 unless it is shown that a driver's license is needed for the
2 purpose of carrying on an occupation, trade or profession which
3 makes its essential that the applicant drives a motor vehicle
4 while carrying on the occupation or going to or from work.
5 (c) Burden of proof.--The applicant for a limited driver's
6 license shall have the burden of proving that his license is
7 essential to his occupation, trade or profession.
8 (d) Ineligibility.--No person shall be eligible for a
9 limited driver's license if:
10 (1) his driver's license had been revoked before;
11 (2) his driver's license had been suspended within the
12 previous five years;
13 (3) his driver's license was suspended pursuant to
14 section 3731 (relating to driving under influence of alcohol
15 or controlled substance);
16 (4) the holder of the driver's license has been
17 convicted within the preceding five years of a violation of
18 section 3345(a) (relating to meeting or overtaking school
19 bus);
20 (5) his driver's license has been suspended pursuant to
21 section 1547 (relating to chemical testing to determine
22 amount of alcohol or controlled substance);
23 (6) his driver's license was suspended pursuant to
24 section 1532(b) or (c) (relating to revocation or suspension
25 of operating privilege);
26 (7) his driver's license was suspended pursuant to
27 section 1533 (relating to suspension of operating privilege
28 for failure to respond to a citation); or
29 (8) his driver's license was suspended pursuant to
30 section 1772 (relating to suspension for nonpayment of
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1 judgments), 1784 (relating to proof of financial
2 responsibility following violation) or 1785 (relating to
3 proof of financial responsibility following accident).
4 (e) Distinct color of limited driver's license.--The
5 department shall provide a distinct color for all limited
6 drivers' licenses and shall indicate conditions under which a
7 vehicle may be operated. The license shall also indicate in
8 prominent letters a warning that violation of the license
9 restrictions will result in the penalties described in
10 subsection (g).
11 (f) Notice of availability.--The department shall notify all
12 persons who are eligible to apply for a limited driver's license
13 of its availability and the restrictions imposed by subsection
14 (b).
15 (g) Violations of restrictions.--If any person drives a
16 motor vehicle or tractor in violation of the restrictions of
17 subsection (b) or any other departmental restrictions of a
18 limited license as provided by this section, the department
19 shall suspend the operating privileges of that person for a
20 period of one year during which period the person shall not be
21 eligible to apply for a limited driver's license. In addition to
22 the new suspension, he shall be fined $100 and imprisonment for
23 a period of not less than two nor more than 30 days. If any
24 person is convicted of ANY VIOLATION ENUMERATED IN SECTION 1532 <--
25 (RELATING TO REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE) OR
26 1542 (RELATING TO REVOCATION OF HABITUAL OFFENDER'S LICENSE) OR
27 any violation to which the point system of section 1535
28 (relating to schedule of convictions and points) applies, while
29 operating a motor vehicle or tractor under this section, the
30 department shall immediately revoke the driver's limited
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1 license.
2 (h) Operating funds.--All revenue raised by fees under this
3 section shall be sufficient to meet all costs necessary to
4 operate the limited driver's license program. If at any time
5 revenues show the fees herein provided fall below the level
6 necessary to cover the costs of this program, the department
7 shall increase those fees by regulation so that projected
8 revenues will meet or exceed prospective expenditures. Such fee
9 increases, by regulation, shall be subject to the act of June
10 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
11 Section 2. This act shall take effect in 60 days.
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