§ 1542.  Revocation of habitual offender's license.

(a)  General rule.--The department shall revoke the operating privilege of any person found to be a habitual offender pursuant to the provisions of this section. A "habitual offender" shall be any person whose driving record, as maintained in the department, shows that such person has accumulated the requisite number of convictions for the separate and distinct offenses described and enumerated in subsection (b) committed after the effective date of this title and within any period of five years thereafter.

(b)  Offenses enumerated.--Three convictions arising from separate acts of any one or more of the following offenses committed by any person shall result in such person being designated as a habitual offender:

(1)  Any violation of Subchapter B of Chapter 37 (relating to serious traffic offenses).

(1.1)  Any violation of Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs) except for sections 3808(a)(1) and (b) (relating to illegally operating a motor vehicle not equipped with ignition interlock) and 3809 (relating to restriction on alcoholic beverages).

(1.2)  Any violation of section 1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked).

(2)  Any violation of section 3367 (relating to racing on highways).

(3)  Any violation of section 3742 (relating to accidents involving death or personal injury).

(3.1)  Any violation of section 3742.1 (relating to accidents involving death or personal injury while not properly licensed).

(4)  Any violation of section 3743 (relating to accidents involving damage to attended vehicle or property).

(c)  Accelerative Rehabilitative Disposition as an offense.--Acceptance of Accelerative Rehabilitative Disposition for any offense enumerated in subsection (b) shall be considered an offense for the purposes of this section.

(d)  Period of revocation.--The operating privilege of any person found to be a habitual offender under the provisions of this section shall be revoked by the department for a period of five years.

(e)  Additional offenses.--Each additional offense committed within a period of five years, as measured from the date of any previous offense, shall result in a revocation for an additional period of two years.


(Dec. 7, 1994, P.L.820, No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)


2003 Amendment.  Act 24 amended subsec. (b).

1994 Amendment.  Act 143 amended subsecs. (b) and (e).

Cross References.  Section 1542 is referred to in sections 1516, 1534, 1541, 1543, 1554, 1575, 1783, 6503.1 of this title; section 5502 of Title 30 (Fish).