PRINTER'S NO. 3689

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2684 Session of 1996


        INTRODUCED BY STISH, JUNE 11, 1996

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 11, 1996

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, restricting persons eligible for operator's
     3     licenses.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1503 of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 1503.  Persons ineligible for licensing.
     9     (a)  General rule.--The department shall not issue any
    10  driver's license to, or renew the driver's license of, any
    11  person:
    12         (1)  Whose operating privilege is suspended or revoked in
    13     this or any other state except as otherwise provided in this
    14     title.
    15         (2)  Whose operating privilege is suspended or revoked in
    16     any other state upon grounds which would authorize the
    17     suspension or revocation of the operating privilege under
    18     this title.

     1         (3)  Who is a user of alcohol or any controlled substance
     2     to a degree rendering the user incapable of safely driving a
     3     motor vehicle. This paragraph does not apply to any person
     4     who is enrolled or otherwise participating in a methadone or
     5     other controlled substance treatment program approved by the
     6     Governor's Council on Drug and Alcohol Abuse provided that
     7     the person is certified to be competent to drive by a
     8     physician designated by the Governor's Council on Drug and
     9     Alcohol Abuse.
    10         (4)  Who has been adjudged to be afflicted with or
    11     suffering from any mental disability or disease and who has
    12     not at the time of application been restored to competency by
    13     the methods provided by law.
    14         (5)  Whose name has been submitted under the provisions
    15     of section 1518 (relating to reports on mental or physical
    16     disabilities or disorders).
    17         (6)  Who is required by the department to take an
    18     examination until the person has successfully passed the
    19     examination.
    20         (7)  Who is under 18 years of age except in accordance
    21     with subsections (b) and (c).
    22         (8)  Who has repeatedly violated any of the provisions of
    23     this chapter. The department shall provide an opportunity for
    24     a hearing upon invoking this paragraph.
    25         (9)  Who has completed a high school program which is
    26     approved by the Department of Education and which accords the
    27     person the status of high school graduate or, if attending
    28     high school or an equivalency program, has a scholastic
    29     average of C+ or better.
    30     (b)  Minors completing training course.--The department shall
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     1  issue a driver's license to a person 17 years of age who:
     2         (1)  has successfully completed a driver's training
     3     course approved by the department; and
     4         (2)  has not been involved in an accident for which they
     5     are partially or fully responsible in the opinion of the
     6     department or is convicted of any violation of this title.
     7     (c)  Junior driver's license.--The department may issue a
     8  junior driver's license to a person 16 or 17 years of age who is
     9  a high school graduate or who has a scholastic average of C+ or
    10  better under rules and regulations adopted by the department and
    11  subject to the provisions of this section. A junior driver's
    12  license shall automatically become a regular driver's license
    13  when the licensee attains 18 years of age.
    14         (1)  Except as provided in paragraph (2), no licensed
    15     junior driver shall drive a vehicle upon a public highway
    16     between 12 midnight and 5 a.m. unless accompanied by a spouse
    17     18 years of age or older, a parent or a person in loco
    18     parentis.
    19         (2)  A licensed junior driver conforming to the
    20     requirements of section 1507 (relating to application for
    21     driver's license or learner's permit by minor) may drive a
    22     vehicle upon a public highway between 12 midnight and 5 a.m.
    23     between their home and their activity or employment or in the
    24     course of their activity or employment if they are a member
    25     of a volunteer fire company authorized by the fire chief to
    26     engage in fighting fires, engaged in public or charitable
    27     service or employed and they are carrying an affidavit signed
    28     by their fire chief, supervisor or employer indicating the
    29     probable schedule of their activities. Upon termination of
    30     the junior driver's activity or employment, the junior
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     1     licensee shall surrender the affidavit to the fire chief,
     2     supervisor or employer. If the junior licensee shall fail to
     3     surrender the affidavit, the employer, fire chief or
     4     supervisor shall immediately notify the Pennsylvania State
     5     Police.
     6         (3)  In addition to the other provisions of this title
     7     relating to the suspension or revocation of operating
     8     privileges, in the event that a licensed junior driver is
     9     involved in an accident for which they are partially or fully
    10     responsible in the opinion of the department or is convicted
    11     of any violation of this title, the department may suspend
    12     the operating privileges of such person until the person
    13     attains 18 years of age or for a period of time not exceeding
    14     90 days.
    15         (4)  Any junior licensee or other person violating any
    16     provision of this subsection is guilty of a summary offense.
    17     Section 2.  This act shall take effect in 60 days.









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