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PRIOR PRINTER'S NOS. 2246, 2649
PRINTER'S NO. 3151
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1958
Session of
2021
INTRODUCED BY HENNESSEY, WARREN, WHEELAND, JOZWIAK, CIRESI,
FREEMAN, SCHLOSSBERG, HILL-EVANS, GILLEN AND GUZMAN,
OCTOBER 6, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 24, 2022
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; and, in licensing of drivers, further providing
for school, examination or hearing on accumulation of points
or excessive speeding, for driving while operating privilege
is suspended or revoked and for establishment of schools.
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:
* * *
"Driver improvement school." A program for educating drivers
through a department-developed or approved curriculum that may
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be presented either by the department or by a third party
approved by the department under section 1549 (relating to
establishment of schools).
* * *
Section 2. Sections 1538 and 1543(c) of Title 75 are amended
to read:
§ 1538. School, examination or hearing on accumulation of
points or excessive speeding.
(a) Initial accumulation of six points.--
(1) When any person's record for the first time shows
[as many as six points] AN ACCUMULATION OF SIX OR MORE
POINTS, the department shall require the person to attend [an
approved] a driver improvement school or undergo a special
examination and shall so notify the person in writing. The
person may elect to attend a driver improvement school or
undergo a special examination but shall not be permitted to
both attend the school and undergo a special examination.
(2) Upon satisfactory attendance and completion of the
driver improvement school course or upon passing the special
examination[,]:
(i) two points shall be removed from the person's
record[.], if the person elected to take the special
examination; or
(ii) four points shall be removed from the person's
record, if the person elected to attend a driver
improvement school and completed the school's
requirements.
(3) Failure to attend and satisfactorily complete the
requirements of a driver improvement school or pass the
special examination shall result in the suspension of such
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person's operating privilege [for 60 days. Failure to pass
the examination shall result in the suspension of the
operating privilege until] until:
(i) the person attends and satisfactorily completes
the requirements of a driver improvement school; or
(ii) the examination has been satisfactorily
completed.
(b) Second and subsequent accumulation of six points.--
(1) When any person's record has been reduced below six
points and for the second or subsequent time shows [as many
as six points] AN ACCUMULATION OF SIX OR MORE POINTS, the
department shall require the person 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.] and a driver improvement school and
shall notify the person in writing. In addition, a
hearing examiner may recommend one or more of the
following:
(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]:
(A) a period not exceeding 15 days[.], if the
person's record for a second time shows as many as
six points AN ACCUMULATION OF SIX OR MORE POINTS ; or
(B) a period not exceeding 30 days, if the
person's record for a third or subsequent time shows
as many as six points AN ACCUMULATION OF SIX OR MORE
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POINTS .
(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
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 driver
improvement school shall result in the suspension of such
person's operating privilege for 60 days. Failure to pass an
examination] comply with the requirements of this subsection
shall result in the suspension of [such] the person's
operating privilege until [the examination has been] the
requirements of this subsection have 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 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 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
hour or more in excess of the speed limit, the department
shall require the person to attend a departmental hearing[.
The hearing examiner may recommend one or more of the
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following:
(i) That the person be required to attend a driver
improvement school.] and attend a driver improvement
school, and shall notify the person in writing. In
addition, a hearing examiner may recommend one or more of
the following:
(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 driver
improvement school shall result in the suspension of such
person's operating privilege for 60 days. Failure to pass an
examination] comply with the requirements of this subsection
shall result in the suspension of such person's operating
privilege until [the examination has been] the requirements
of this subsection have been satisfactorily completed.
(e) Additional suspension of operating privilege.--
(1) In addition to any other provisions of law relating
to the suspension or revocation of operating privileges, a
person's operating privileges shall be suspended under any of
the following circumstances:
(i) Prior to reaching age 18, the person violates
section 3362 (relating to maximum speed limits) by
traveling 26 miles per hour or more over the posted speed
limit and the violation results in a conviction, guilty
plea or plea of no contest before or after the person
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reaches age 18.
(ii) The person accumulates six or more points under
the provisions of section 1535 (relating to schedule of
convictions and points) and the violations resulting in
points accumulation were committed before the person
reached age 18.
(2) The first suspension under paragraph (1) shall be
for a period of 90 days with every subsequent suspension
under paragraph (1) to be for a period of 120 days.
Suspensions under paragraph (1) shall be imposed
consecutively to each other and to any other suspension. A
suspension under paragraph (1) shall be considered a
subsequent suspension even if it is imposed contemporaneously
with a first suspension imposed under paragraph (1).
§ 1543. Driving while operating privilege is suspended or
revoked.
* * *
(c) Suspension or revocation of operating privilege.--Upon
receiving a certified record of the conviction or adjudication
of delinquency of any person under this section, the department
shall suspend or revoke [that] the person's operating privilege
as follows:
(1) [If] Except as provided for under paragraph (1.1),
if the department's records show that the person was under
suspension, recall or cancellation on the date of violation,
and had not been restored, the department shall suspend the
person's operating privilege for an additional one-year
period.
(1.1) If the department's records show that the person
was under an indefinite suspension on the date of violation
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for not satisfactorily completing a driver improvement school
as required under section 1538 (relating to school,
examination or hearing on accumulation of points or excessive
speeding), and had not been restored, the department shall
suspend the person's operating privilege for an additional
30-day period.
(2) If the department's records show that the person was
under revocation on the date of violation, and had not been
restored, the department shall revoke the person's operating
privilege for an additional two-year period.
* * *
Section 3. Section 1549(a) of Title 75 is amended and the
section is amended by adding a subsection to read:
§ 1549. Establishment of schools.
(a) Driver improvement schools.--The department is
authorized to establish and maintain driver improvement schools
throughout this Commonwealth. The department may approve and
conduct an annual review of the course material for the schools.
The curriculum to be presented must be uniform throughout this
Commonwealth, except as permitted under subsection (a.1)(3). All
instructors shall be properly certified by the department after
the completion of a course of instruction approved by the
department.
(a.1) Third party authorized.--The department may authorize
a third party to operate a driver improvement school, in
addition to a driver improvement school operated by the
department, for the purpose of fulfilling the requirements of
subsection (a) and section 1538 (relating to school, examination
or hearing on accumulation of points or excessive speeding) as
follows:
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(1) The third party may include, but need not be limited
to:
(i) A nationally recognized nonprofit organization
whose curriculum has demonstrated effective behavioral
change in drivers.
(ii) A private driving school in this Commonwealth.
(2) The third party shall offer classroom instruction,
online instruction or a combination of both.
(3) The department shall establish minimum curriculum
requirement for the third party, but shall not require the
third party to implement the same curriculum utilized by a
driver improvement school operated by the department under
subsection (a), provided that the curriculum of the third
party meets the minimum curriculum requirements of the
department.
(4) The department shall establish minimum instruction
hours for person attending a driver improvement school
operated by the third party, which shall be no less than four
hours and no more than eight hours.
(5) A third party approved by the department under this
subsection may be authorized to administer an end-of-course
examination required under section 1538 as part of the driver
improvement school, provided that the examination is the same
examination administered by the department.
(6) A third party may only operate a driver improvement
school if the third party has entered into an agreement with
the department and the agreement is in effect.
(7) The department may, at its discretion, impose
additional requirements for a third party.
* * *
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Section 4. This act shall take effect in 14 months.
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