§ 1533.  Suspension of operating privilege for failure to respond to citation.

(a)  Violations within Commonwealth.--The department shall suspend the operating privilege of any person who, upon being duly notified by an issuing authority or a court of competent jurisdiction of this Commonwealth, has failed to take any of the following actions:

(1)  Respond to a citation or summons to appear before the issuing authority or court for a violation of this title, other than parking.

(2)  Pay any fine, costs or restitution imposed by the issuing authority or court for a violation of this title, other than parking.

(a.1)  Exception when unable to pay fines, costs or restitution.--

(1)  Prior to suspending the operating privilege of a person under subsection (a)(2), an issuing authority or a court of competent jurisdiction of this Commonwealth shall proceed under 42 Pa.C.S. § 9730 (relating to payment of court costs, restitution and fines).

(2)  A person shall not have the person's operating privilege suspended solely for violation of subsection (a)(2) unless the issuing authority or court determines that the person is able to pay the fines, costs or restitution imposed.

(3)  Neither the issuing authority nor the court may waive or reduce under this subsection costs imposed under section 1101 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

(b)  Violations outside Commonwealth.--The department shall suspend the operating privilege of any person who has failed to respond to a citation, summons or similar writ to appear before a court of competent jurisdiction of the United States or any state which has entered into an enforcement agreement with the department, as authorized under section 6146 (relating to enforcement agreements), for any violation of the motor vehicle laws of such state, other than parking, or who has failed to pay any fine or costs imposed by such court upon being duly notified in accordance with the laws of such jurisdiction in which the violation occurred. A person who provides proof, satisfactory to the department, that the full amount of the fine and costs has been forwarded to and received by the court shall not be regarded as having failed to respond for the purposes of this subsection.

(c)  Time for responding to notice.--At least 30 days before an issuing authority or court notifies the department to impose a suspension pursuant to subsection (a), the issuing authority or court shall notify the person in writing of the requirement to respond to the citation or summons and pay all fines, restitution and penalties imposed by the issuing authority or court. The notice shall include information regarding all of the following:

(1)  The ability to pay all fines, restitution and penalties by installment payments.

(2)  The ability to enter and complete a community service requirement in lieu of payment of all fines, restitution and penalties.

(d)  Period of suspension.--The suspension shall continue until such person shall take any of the following actions:

(1)  Respond to the citation, summons or writing.

(2)  Pay all fines, restitution and penalties imposed by the issuing authority or court.

(3)  Enter into an agreement to make installment payments for all fines, restitution and penalties imposed by the issuing authority or court. The department may reimpose the suspension if the person fails to make regular installment payments only if the issuing authority or court has determined that the person is able to pay in accordance with 42 Pa.C.S. § 9730.

(4)  In accordance with 42 Pa.C.S. § 9730, enter into a program of community service approved by the issuing authority or court in lieu of payment. The department may reimpose the suspension if the person fails to complete a program of community service as ordered by the issuing authority or court.

(5)  If applicable, pay the fee specified under section 1960 (relating to reinstatement of operating privilege or vehicle registration).

(e)  Remedy cumulative.--A suspension under this section shall be in addition to the requirement of withholding renewal or reinstatement of a violator's driver's license as prescribed in section 1503(a) (relating to persons ineligible for licensing; license issuance to minors; junior driver's license).

(f)  Admissibility of documents.--A copy of a document issued by a court or issuing authority of this Commonwealth or by an official of another state shall be admissible for the purpose of proving a violation of this section.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Nov. 16, 1994, P.L.614, No.95, eff. 60 days; Dec. 7, 1994, P.L.820, No.115, eff. 120 days; June 25, 1999, P.L.164, No.23, eff. 180 days; Oct. 8, 2012, P.L.1193, No.146, eff. 90 days; Oct. 31, 2024, P.L.1143, No.138, eff. 18 mos.)

 

2024 Amendment.  Act 138 amended subsecs. (a), (c) and (d) and added (a.1). See section 6(2) of Act 138 in the appendix to this title for special provisions relating to applicability.

1999 Amendment.  Act 23 amended subsec. (e).

1994 Amendments.  Act 115 overlooked the amendment by Act 95, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 1533.

Cross References.  Section 1533 is referred to in sections 1543.1, 1545, 1553, 1554, 1557, 1702, 1960 of this title.