THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GEIST AND McGEEHAN, NOVEMBER 28, 2011

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 7, 2011   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in licensing of drivers, further providing for

judicial review and for cancellation of driver's license; and

in commercial drivers, further providing for definitions;

providing for type of driving certification requirements, for

medical certification and for noncompliance with

certification requirements; and further providing for

commercial driver's license and for disqualification.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1550 and 1572(a)(1) of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1550.  Judicial review.

(a)  General rule.--Any person who has been denied a driver's

license, whose driver's license has been canceled, whose

commercial driver's license designation has been removed or

whose operating privilege has been recalled, suspended, revoked

or disqualified by the department shall have the right to appeal

to the court vested with jurisdiction of such appeals by or

pursuant to Title 42 (relating to judiciary and judicial

procedure). The appellant shall serve a copy of the petition for

appeal, together with a copy of the notice of the action from

which the appeal has been taken, upon the department's legal

office.

(b)  Supersedeas.--

(1)  (i)  Except as provided in subparagraphs (ii) and

(iii), filing and service of a petition for appeal from a

suspension or revocation shall operate as a supersedeas

until final determination of the matter by the court

vested with the jurisdiction of such appeals.

(ii)  The filing and service of a petition for appeal

from denial, recall, suspension or cancellation of a

driver's license or removal of the commercial driver's

license designation under section 1503 (relating to

persons ineligible for licensing; license issuance to

minors; junior driver's license), 1504 (relating to

classes of licenses), 1509 (relating to qualifications

for school bus driver endorsement), 1514 (relating to

expiration and renewal of drivers' licenses), 1519

(relating to determination of incompetency) [or], 1572

(relating to cancellation of driver's license) or 1609.3

(relating to noncompliance with certification

requirements) shall not act as a supersedeas unless

ordered by the court after a hearing attended by the

petitioner.

(iii)  Further review by another court shall not

operate as a supersedeas unless a court of competent

jurisdiction determines otherwise.

(2)  In the case of a disqualification of the commercial

operating privilege, the driver may petition to the court of

common pleas of his county of residence, which court may

grant a supersedeas ex parte upon a showing of reasonable

likelihood of successful prosecution of the appeal.

(c)  Proceedings of court.--The court shall set the matter

for hearing upon 60 days' written notice to the department and

determine whether the petitioner's driver's license should be

denied or canceled, the petitioner's operating privilege should

be suspended, revoked or recalled or the petitioner's

endorsement or commercial driver's license designation should be

removed.

(d)  Documentation.--

(1)  In any proceeding under this section, documents

received by the department from the courts or administrative

bodies of other states or the Federal Government shall be

admissible into evidence to support the department's case. In

addition, the department may treat the received documents as

documents of the department and use any of the methods of

storage permitted under the provisions of 42 Pa.C.S. § 6109 

(relating to photographic copies of business and public

records) and may reproduce such documents in accordance with

the provisions of 42 Pa.C.S. § 6103 (relating to proof of

official records). In addition, if the department receives

information from courts or administrative bodies of other

states or the Federal Government by means of electronic

transmission, it may certify that it has received the

information by means of electronic transmission and that

certification shall be prima facie proof of the adjudication

and facts contained in such an electronic transmission.

(2)  In any proceeding under this section, documents

received by the department from any other court or from an

insurance company shall be admissible into evidence to

support the department's case. In addition, if the department

receives information from a court by means of electronic

transmission or from an insurance company which is complying

with its obligation under Subchapter H of Chapter 17

(relating to proof of financial responsibility) by means of

electronic transmission, it may certify that it has received

the information by means of electronic transmission, and that

certification shall be prima facie proof of the adjudication

and facts contained in such an electronic transmission.

§ 1572.  Cancellation of driver's license.

(a)  General rule.--

(1)  The department may cancel any driver's license upon

determining that one of the following applies:

(i)  The licensee was not entitled to the issuance.

(ii)  The person failed to give the required or

correct information on an application or certification or

committed fraud in making the application or in obtaining

the license.

(iii)  The license has been materially altered.

(iv)  The fee has not been paid.

(v)  The licensee voluntarily surrenders his driving

privilege.

* * *

Section 2.  Section 1603 of Title 75 is amended by adding a

definition to read:

§ 1603.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Medical examiner."  A person who is licensed, certified or

registered, in accordance with applicable State laws and

regulations, to perform physical examinations. The term

includes, but is not limited to, doctors of medicine, doctors of

osteopathy, physician assistants, advanced practice nurses and

doctors of chiropractic.

* * *

Section 3.  Title 75 is amended by adding sections to read:

§ 1609.1.  Type of driving certification requirements.

(a)  Self-certification requirement.--Each applicant for a

commercial driver learner's permit or initial commercial

driver's license shall make one of the applicable self-

certifications from the following:

(1)  Nonexcepted interstate. A person shall certify that

the person operates or expects to operate in interstate

commerce, is both subject to and meets the medical

qualification requirements under 49 CFR Pt. 391 (relating to

qualifications of drivers and longer combination vehicle

(LCV) driver instructors) and acknowledges that the person is

required to obtain a medical certificate by 49 CFR § 391.45

(relating to persons who must be medically examined and

certified).

(2)  Excepted interstate. A person shall certify that the

person operates or expects to operate in interstate commerce,

but engages exclusively in transportation or operations

excepted under 49 CFR § 390.3(f) (relating to general

applicability), 391.2 (relating to general exceptions),

391.68 (relating to private motor carrier of passengers

(nonbusiness)) or 398.3 (relating to qualifications of

drivers or operators) from all or parts of the qualification

requirements of 49 CFR Pt. 391, and is therefore not required

to obtain a medical examiner's certificate by 49 CFR §

391.45.

(3)  Nonexcepted intrastate. A person shall certify that

the person operates in intrastate commerce, is both subject

to and meets the medical qualification requirements in 67 Pa.

Code Ch. 231 (relating to intrastate motor carrier safety

requirements) and acknowledges that the person is required to

obtain a medical certificate.

(4)  Excepted intrastate. A person shall certify that the

person operates in intrastate commerce, but engages

exclusively in transportation or operations excepted from all

or parts of the driver qualification requirements in 67 Pa.

Code Ch. 231 and is not required to obtain a medical

certificate.

(b)  Existing drivers.--Each holder of a CDL issued under

this chapter shall submit to the department a self-certification

of driving which complies with the requirements of subsection

(a) within 30 days of notice by the department.

§ 1609.2.  Medical certification.

(a)  Medical certification requirements.--A person who

certifies that the person operates or expects to operate a

commercial motor vehicle in nonexcepted interstate or

nonexcepted intrastate commerce shall provide the department

with an original or photographic copy of a medical examiner's

certificate prepared by a medical examiner. The medical

examiner's certificate shall be valid for up to two years from

the date of the medical examination.

(b)  Maintaining the medical certification.--A CDL holder who

certifies that the holder operates or intends to operate a

commercial motor vehicle in nonexcepted interstate or

nonexcepted intrastate commerce shall provide the department

with an original or copy of each subsequently issued medical

examiner's certificate.

(c)  Noncompliance with medical requirements.--Upon the

expiration of a medical certification or a medical variance

issued by the Federal Motor Carrier Safety Administration or the

department, or if the Federal Motor Carrier Safety

Administration notifies the department that a medical variance

was rescinded, the department shall notify a nonexcepted

commercial driver that the driver is no longer in conformance

with the medical certification requirements and that the CDL

designation will be removed from the driver's license unless the

driver submits a current medical certificate or medical variance

or changes the driver's self-certification to driving only in

excepted interstate or excepted intrastate commerce.

§ 1609.3.  Noncompliance with certification requirements.

The department shall remove the commercial driver's license

designation from the license of a person who is not in

compliance with either the medical certification requirements of

section 1609.2 (relating to medical certification) or the self-

certification requirements of section 1609.1 (relating to type

of driving certification requirements).

Section 4.  Sections 1610(b)(2) and 1611(l) of Title 75 are

amended to read:

§ 1610.  Commercial driver's license.

* * *

(b)  Classifications, endorsements and restrictions.--

* * *

(2)  The following codes shall be used as required to

describe the commercial driver's license endorsements and

restrictions. Additional endorsements and restrictions may be

added by regulation for use on the commercial driver's

license:

* * *

§ 1611.  Disqualification.

* * *

(l)  Disqualification for incomplete, incorrect or fraudulent

application or certification.--The department shall disqualify

any person from driving a commercial motor vehicle for 60 days

upon canceling the person's commercial driver's license pursuant

to section 1572(a)(1)(ii) (relating to cancellation of driver's

license) involving an application or certification related to

the requirements of this chapter.

* * *

Section 5.  This act shall take effect in 90 days 

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immediately.

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