PRINTER'S NO. 2246
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1958
Session of
2021
INTRODUCED BY HENNESSEY, WARREN, WHEELAND, JOZWIAK, CIRESI,
FREEMAN, SCHLOSSBERG AND HILL-EVANS, OCTOBER 6, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 6, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in licensing of drivers, providing for
department approved driver improvement programs and further
providing for school, examination or hearing on accumulation
of points or excessive speeding, for occupational limited
license and for probationary license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Department-approved driver improvement program." A program
approved by the department under section 1537.1 (relating to
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department-approved driver improvement programs).
* * *
Section 2. Title 75 is amended by adding a section to read:
§ 1537.1. Department-approved driver improvement programs.
The department shall approve programs designed to target
drivers with high moving-violation recidivism for the purposes
under this subchapter. The following shall apply:
(1) The programs shall be centered on established
behavioral psychology principles that lead to effective
behavioral change offered by nationally recognized nonprofit
organizations whose curriculum has been proven effective.
(2) Program providers shall provide both classroom and
online course options for all drivers required to attend and
shall offer a minimum of four to eight hours of training.
Section 3. Section 1538 heading, (a), (b), (c) and (d) of
Title 75 are amended to read:
§ 1538. [School, examination] Examination or hearing on
accumulation of points or excessive speeding.
(a) Initial accumulation of six points.--When any person's
record for the first time shows as many as six points, the
department shall require the person to attend [an] a department-
approved driver improvement [school or undergo a special
examination and shall so notify the person in writing.] program
and shall notify the person in writing, providing the person
with 90 days to complete the program. Additionally, the
department may require the person or undergo a special
examination. Upon satisfactory attendance and completion of the
[course] approved program or upon passing the special
examination, two points shall be removed from the person's
record. Failure to attend and satisfactorily complete the
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requirements of a department-approved driver improvement
[school] program shall result in the suspension of such person's
operating privilege [for 60 days.] indefinitely until the
operator satisfactorily completes the department-approved driver
improvement program and satisfies any other sanctions imposed by
the department. Failure to pass the examination shall result in
the suspension of the operating privilege until the examination
has been satisfactorily completed.
(b) Second accumulation of six points.--
(1) When any person's record has been reduced below six
points and for the second time shows as many as six points,
the department shall require the person to attend a
departmental hearing. The department shall also require the
person to attend a department-approved driver improvement
program and shall notify the person in writing, providing the
person with 90 days to complete the program. In addition to
the requirement to attend and satisfactorily complete a
department-approved driver improvement program, a hearing
examiner may recommend one or more of the following:
[(i) That the person be required to attend a driver
improvement school.]
(ii) That the person undergo an examination as
provided for in section 1508 (relating to examination of
applicant for driver's license).
(iii) That the person's driver's license be
suspended for a period not exceeding 15 days.
(2) The department may effect or modify the
recommendations of the hearing examiner but may not impose
any sanction not recommended by the hearing examiner.
(3) Upon completion of the sanction or sanctions imposed
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by the department, two points shall be removed from the
person's record.
(4) Failure to attend the hearing or to attend and
satisfactorily complete the requirements of [a] a department-
approved driver improvement [school] program within 90 days
of the department's written notice shall result in the
suspension of such person's operating privilege [for 60
days.] indefinitely until the operator satisfactorily
completes the department-approved driver improvement program
and satisfies any other sanctions imposed by the department.
Failure to pass an examination shall result in the suspension
of such person's operating privilege until the examination
has been satisfactorily completed.
(c) Subsequent accumulations of six points.--When any
person's record has been reduced below six points and for the
third or subsequent time shows as many as six points, the
department shall require the driver to attend and satisfactorily
complete a department-approved driver improvement program within
90 days of a written notice to the driver. In addition, the
driver shall be required to attend a departmental hearing to
determine whether the person's operating privilege should be
suspended for a period not to exceed 30 days. Failure to attend
and satisfactorily complete the requirements of a department-
approved driver improvement program within 90 days of the
department's written notice, to attend the hearing or to comply
with the requirements of the findings of the department shall
result in the suspension of the operating privilege until the
person has complied.
(d) Conviction for excessive speeding.--
(1) When any person is convicted of driving 31 miles per
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hour or more in excess of the speed limit, the department
shall require the person to attend and satisfactorily
complete a department-approved driver improvement program
within 90 days of a written notice to the driver. In
addition, the driver shall be required to attend a
departmental hearing. The hearing examiner may recommend one
or more of the following:
[(i) That the person be required to attend a driver
improvement school.]
(ii) That the person undergo an examination as
provided for in section 1508.
(iii) That the person have his driver's license
suspended for a period not exceeding 15 days.
(2) The department shall effect at least one of the
sanctions but may not increase any suspension beyond 15 days.
(3) Failure to attend the hearing or to attend and
satisfactorily complete the requirements of a department-
approved driver improvement [school] program shall result in
the suspension of such person's operating privilege [for 60
days.] indefinitely until the operator satisfactorily
completes the department-approved driver improvement program
and satisfies any other sanctions imposed by the department.
Failure to pass an examination shall result in the suspension
of such person's operating privilege until the examination
has been satisfactorily completed.
* * *
Section 4. Section 1553(b)(3) and (4)(i)(B) and (d)(14) of
Title 75 are amended and subsection (b) is amended by adding a
paragraph to read:
§ 1553. Occupational limited license.
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* * *
(b) Petition.--
* * *
(1.1) Prior to the issuance of an occupational limited
license, the department shall require the petitioner to
attend and satisfactorily complete a department-approved
driver improvement program. The cost of the program shall be
borne by the petitioner.
* * *
(3) Consistent with the provisions of this section, the
department shall issue an occupational limited license to the
applicant within 20 days of receipt of the petition[.] and
upon attendance and completion of a department-approved
driver improvement program.
(4) (i) A person whose operating privilege has been
suspended for a conviction of section 1543 (relating to
driving while operating privilege is suspended or
revoked) may not petition for an occupational limited
license unless department records show that the
suspension for a conviction of section 1543 occurred only
as the result of:
* * *
(B) a suspension for failure to undergo a
special examination imposed under the authority of
section 1538(a) (relating to [school,] examination or
hearing on accumulation of points or excessive
speeding);
* * *
(d) Unauthorized issuance.--The department shall prohibit
issuance of an occupational limited license to:
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* * *
(14) Any person whose operating privilege is currently
suspended for failure to attend and satisfactorily complete a
department-approved driver improvement course or failure to
attend a hearing required under section 1538.
* * *
Section 5. Section 1554(d)(2)(i), (e) and (f)(4) of Title 75
are amended and subsection (d) is amended by adding a paragraph
to read:
§ 1554. Probationary license.
* * *
(d) Initial issuance.--
* * *
(1.1) The department shall require the petitioner to
satisfactorily complete a department-approved driver
improvement program. The cost of the program shall be borne
by the petitioner.
(2) The department may require the petitioner to
satisfactorily complete one or more of the following:
[(i) A driver improvement program, the cost of the
program to be borne by the petitioner.]
* * *
(e) Renewal.--The department may require a probationary
license holder to attend a departmental review session and to
satisfactorily complete a department-approved driver improvement
program [or] and special examination preceding renewal of the
probationary license.
(f) Unauthorized issuance.--The department shall not issue a
probationary license to:
* * *
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(4) A person who has not satisfactorily completed a
department-approved driver improvement [course] program [or]
and special examination or who has not attended a hearing
required under section 1538 (relating to [school,]
examination or hearing on accumulation of points or excessive
speeding).
* * *
Section 6. This act shall take effect in 60 days.
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