PRIOR PRINTER'S NOS. 2899, 2940, 2980, PRINTER'S NO. 4204
3401, 3990, 4045, 4125, 4155
No. 2164 Session of 2001
INTRODUCED BY GEIST AND S. MILLER, NOVEMBER 19, 2001
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JUNE 28, 2002
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for suspension of operating
3 privilege; imposing penalties on department employees or
4 agents who issue a fraudulent driver's license LICENSES AND <--
5 ON PERSONS EXHIBITING SUCH LICENSES; further providing for
6 motorcycle fees; and providing for removal from the record of
7 certain suspensions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 1532(a), 1571 and 7904 of Title 75 of
11 the Pennsylvania Consolidated Statutes are amended to read:
12 § 1532. Suspension of operating privilege.
13 (a) One-year suspension.--The department shall suspend the
14 operating privilege of any driver for one year upon receiving a
15 certified record of the driver's conviction of or an
16 adjudication of delinquency based on any of the following
17 offenses:
18 (1) Any felony in the commission of which a court
19 determines that a vehicle was essentially involved.
1 (2) Any violation of section 3735 (relating to homicide
2 by vehicle while driving under influence).
3 (3) Any violation of the following provisions:
4 Section 3732 (relating to homicide by vehicle).
5 Section 3735.1 (relating to aggravated assault by
6 vehicle while driving under the influence).
7 Section 3742 (relating to accidents involving death
8 or personal injury).
9 Section 3742.1 (relating to accidents involving death
10 or personal injury while not properly licensed).
11 [Section 7102(b) (relating to removal or
12 falsification of identification number).
13 Section 7103(b) (relating to dealing in vehicles with
14 removed or falsified numbers).]
15 Section 7111 (relating to dealing in titles and
16 plates for stolen vehicles).
17 Section 7121 (relating to false application for
18 certificate of title or registration).
19 Section 7122 (relating to altered, forged or
20 counterfeit documents and plates).
21 * * *
22 § 1571. Violations concerning licenses.
23 (a) Offenses defined.--It is unlawful for any person:
24 (1) To exhibit or cause or permit to be exhibited or
25 have in possession any recalled, canceled, suspended,
26 revoked[,] or disqualified[, fictitious or fraudulently
27 altered] driver's license.
28 (2) To lend a driver's license to any other person or
29 permit the use thereof by another.
30 (3) To exhibit or represent as one's own any driver's
20010H2164B4204 - 2 -
1 license not issued to the person.
2 (4) To fail or refuse to surrender to the department
3 upon lawful demand a recalled, canceled, suspended, revoked,
4 disqualified, fictitious or fraudulently altered driver's
5 license.
6 (5) To exhibit or cause or permit to be exhibited or
7 have in possession a fictitious or fraudulently altered
8 driver's license.
9 (a.1) Employees and agents.--It is unlawful for any
10 department employee or any agent of the department to issue a
11 fictitious or fraudulently altered driver's license when the
12 employee or agent has knowledge that the application for the
13 driver's license or the driver's license contains fictitious or
14 fraudulent information.
15 (b) Penalty.--
16 (1) Any person violating [any of] the provisions of
17 [this section is guilty of] subsection (a)(1) through (4)
18 commits a summary offense and shall, upon conviction, be
19 sentenced to pay a fine of $100.
20 (2) Any person violating the provisions of subsection
21 (a)(5) commits a misdemeanor of the first degree and shall be
22 sentenced as provided in 18 Pa.C.S. §§ 1101(4) (relating to
23 fines) and 1104(1) (relating to sentence of imprisonment for
24 misdemeanors).
25 (3) Any person violating the provisions of subsection
26 (a.1) commits a felony of the third degree and shall be
27 sentenced as provided in 18 Pa.C.S. §§ 1101(3) (relating to
28 fines) and 1103(3) (relating to sentence of imprisonment for
29 felony). Each fictitious or fraudulently altered driver's
30 license issued by a department employee or an agent of the
20010H2164B4204 - 3 -
1 department shall constitute a separate offense.
2 § 7904. Fees.
3 Fees relating to motorcycle licenses for motorcycle operators
4 to be collected by the department under this chapter shall be in
5 addition to any other fees imposed under the provisions of this
6 title and are as follows:
7 (1) An additional fee of [$2] $5 shall be assessed and
8 collected for each original motorcycle operator's license.
9 (2) An additional fee of [$2] $5 shall be assessed and
10 collected for each annual renewal of a motorcycle operator's
11 license.
12 (3) An additional fee of [$2] $5 shall be assessed and
13 collected for each motorcycle learner's permit.
14 (4) An additional fee of [$2] $5 shall be assessed and
15 collected for each replacement motorcycle operator's license.
16 Section 2. Drivers whose operating privileges were suspended
17 or revoked prior to the effective date of this section may
18 petition the Department of Transportation to remove from the
19 record the suspensions which had previously been imposed for
20 violations of 75 Pa.C.S. §§ 7102(b) and 7103(b). Upon receipt of
21 the petition, the department shall examine the driving record of
22 the petitioner and shall remove from the record suspensions or
23 revocations caused by convictions of violations of 75 Pa.C.S. §§
24 7102(b) or 7103(b). If there are other offenses on the record,
25 if the driver is entitled to credit, credit shall be given for
26 the other offenses for the periods of times where the driver's
27 operating privileges were suspended or revoked for violations of
28 75 Pa.C.S. §§ 7102(b) and 7103(b). If the driver was properly
29 serving the suspension, then the driver is entitled to credit.
30 If, after recalculating the record, the driver is eligible for
20010H2164B4204 - 4 -
1 restoration of privileges, the department shall so inform the
2 driver and permit the driver's operating privileges to be
3 restored so long as the driver meets all the other requirements
4 for restoration.
5 Section 3. This act shall take effect as follows:
6 (1) The amendment of 75 Pa.C.S. § 1571 shall take effect
7 in 60 days.
8 (2) The amendment of 75 Pa.C.S. § 7904 shall take effect
9 in six months.
10 (3) The remainder of this act shall take effect
11 immediately.
K13L75RZ/20010H2164B4204 - 5 -