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                                                      PRINTER'S NO. 1279

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1026 Session of 2001


        INTRODUCED BY CONTI, KITCHEN, LEMMOND, M. WHITE, MUSTO AND
           KASUNIC, JULY 2, 2001

        REFERRED TO TRANSPORTATION, JULY 2, 2001

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, providing for persons ineligible for licensing and
     3     for the learner's permit fee.

     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; license issuance to
     9             minors; junior driver's license.
    10     (a)  Persons ineligible for licensing.--The department shall
    11  not issue a driver's license to, or renew the driver's license
    12  of, any person:
    13         (1)  Whose operating privilege is suspended or revoked in
    14     this or any other state.
    15         (3)  Who is a user of alcohol or any controlled substance
    16     to a degree rendering the user incapable of safely driving a
    17     motor vehicle. This paragraph does not apply to any person
    18     who is enrolled or otherwise participating in a methadone or

     1     other controlled substance treatment program approved by the
     2     Department of Health provided that the person is certified to
     3     be competent to drive by a physician designated by the
     4     Department of Health.
     5         (4)  Who has been adjudged to be afflicted with or
     6     suffering from any mental disability or disease and who has
     7     not at the time of application been restored to competency by
     8     the methods provided by law.
     9         (5)  Whose name has been submitted under the provisions
    10     of section 1518 (relating to reports on mental or physical
    11     disabilities or disorders).
    12         (6)  Who is required by the department to take an
    13     examination until the person has successfully passed the
    14     examination.
    15         (7)  Who is under [18] 21 years of age except in
    16     accordance with subsections (b) and (c).
    17         (8)  Who has repeatedly violated any of the provisions of
    18     this chapter. The department shall provide an opportunity for
    19     a hearing upon invoking this paragraph.
    20     (b)  License issuance to minors.--The department shall issue
    21  a driver's license to a person 17 years of age who:
    22         (1)  has successfully completed a driver's training
    23     course approved by the department; and
    24         (2)  for a period of 12 months after passing the
    25     examination under section 1505(e) (relating to learners'
    26     permits) and receiving a junior driver's license:
    27             (i)  has not been involved in an accident reportable
    28         under section 3746(a) (relating to immediate notice of
    29         accident to police department) for which they are
    30         partially or fully responsible in the opinion of the
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     1         department; or
     2             (ii)  has not been convicted of any violation of this
     3         title.
     4     (c)  Junior driver's license.--The department may issue a
     5  junior driver's license to a person 16 or 17 years of age under
     6  rules and regulations adopted by the department and subject to
     7  the provisions of this section. A junior driver's license shall
     8  automatically become a regular driver's license when the junior
     9  driver attains [18] 21 years of age.
    10         (1)  Except as provided in paragraph (2), no licensed
    11     junior driver shall drive a vehicle upon a public highway
    12     between 11 p.m. and 5 a.m. unless accompanied by a spouse
    13     [18] 21 years of age or older, a parent or a person in loco
    14     parentis.
    15         (2)  A licensed junior driver conforming to the
    16     requirements of section 1507 (relating to application for
    17     driver's license or learner's permit by minor) may drive a
    18     vehicle upon a public highway between 11 p.m. and 5 a.m.
    19     between the junior driver's home and activity or employment
    20     or in the course of the junior driver's activity or
    21     employment if the junior driver is a member of a volunteer
    22     fire company authorized by the fire chief to engage in
    23     fighting fires, is engaged in public or charitable service or
    24     is employed and is carrying an affidavit or certificate of
    25     authorization signed by the junior driver's fire chief,
    26     supervisor or employer indicating the probable schedule of
    27     the junior driver's activities. Upon termination of the
    28     junior driver's activity or employment, the junior driver
    29     shall surrender the affidavit or certificate to the fire
    30     chief, supervisor or employer. If the junior driver shall
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     1     fail to surrender the affidavit or certificate, the employer,
     2     fire chief or supervisor shall immediately notify the
     3     Pennsylvania State Police.
     4         (3)  In addition to the other provisions of this title
     5     relating to the suspension or revocation of operating
     6     privileges, in the event that a licensed junior driver is
     7     involved in an accident reportable under section 3746(a) for
     8     which the junior driver is partially or fully responsible in
     9     the opinion of the department or is convicted of any
    10     violation of this title, the department may suspend the
    11     operating privileges of the junior driver until the junior
    12     driver attains [18] 21 years of age or for a period of time
    13     not exceeding 90 days.
    14         (4)  Any junior driver or other person violating any
    15     provision of this subsection is guilty of a summary offense.
    16     Section 2.  Section 1951 of Title 75 is amended to read:
    17  § 1951.  Driver's license and learner's permit.
    18     (a)  Driver's license.--The annual fee for a driver's license
    19  shall be $5 plus the cost of the photograph required in section
    20  1510(a) (relating to issuance and content of driver's license).
    21     (b)  Learner's permit.--The fee for a learner's permit shall
    22  be [$5.] $50. Fees collected under this subsection shall be
    23  allocated annually to the Department of Education in support of
    24  standardized driver education programs as established in section
    25  2504.1 of the act of March 10, 1949 (P.L.30, No.14), known as
    26  the Public School Code of 1949.
    27     (c)  Identification card.--The fee for an identification card
    28  shall be $5 plus the cost of the photograph.
    29     (d)  Replacement license or card.--The fee for a replacement
    30  driver's license or identification card shall be $5 plus the
    20010S1026B1279                  - 4 -

     1  cost of the photograph.
     2     Section 3.  This act shall take effect in 60 days.



















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