PRIOR PRINTER'S NO. 1033 PRINTER'S NO. 2462
No. 902 Session of 1985
INTRODUCED BY RYBAK, MAIALE, HOWLETT, TRUMAN, KASUNIC,
AFFLERBACH, CARN, PRATT, D. W. SNYDER, GRUPPO, NAHILL, REBER,
E. Z. TAYLOR, CIMINI, GODSHALL, WOGAN, HERMAN, FATTAH,
STEIGHNER, STABACK, MORRIS, GANNON, BATTISTO, MERRY, GEIST,
PERZEL, DALEY, McHALE, LINTON, ACOSTA, WIGGINS, TIGUE,
BELARDI, JOSEPHS AND BOYES, APRIL 15, 1985
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 18, 1985
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, PROVIDING FOR PREPARATION AND EXAMINATION OF <--
3 APPLICANTS FOR DRIVERS' LICENSES REGARDING THE EFFECTS OF
4 ALCOHOL AND DRUG USE ON HIGHWAY SAFETY; AND further providing
5 for points and approved driver improvement schools.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 1538 of Title 75 of the Pennsylvania <--
9 Consolidated Statutes is amended to read:
10 SECTION 1. SECTION 1508 OF TITLE 75 OF THE PENNSYLVANIA <--
11 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
12 § 1508. EXAMINATION OF APPLICANT FOR DRIVER'S LICENSE.
13 * * *
14 (C) ALCOHOL AND DRUG USE INFORMATION.--THE TRAFFIC LAWS
15 EXAMINATION SHALL CONTAIN AT LEAST ONE QUESTION RELATING TO THE
16 DRIVER'S ABILITY TO UNDERSTAND THE EFFECTS OF ALCOHOL AND DRUG
17 USE ON HIGHWAY SAFETY. THE DRIVER'S MANUAL SHALL INCLUDE A
1 SECTION RELATING TO THE EFFECTS OF ALCOHOL AND DRUG USE ON
2 HIGHWAY SAFETY, ALONG WITH THE RELATED PENALTIES. A CHART WHICH
3 DEMONSTRATES THE LEVELS OF ALCOHOL IN A PERSON'S BLOODSTREAM
4 LEGALLY SUFFICIENT TO CONSTITUTE INTOXICATION SHALL BE INCLUDED
5 IN THIS SECTION OF THE DRIVER'S MANUAL.
6 SECTION 2. SECTION 1538 OF TITLE 75 IS AMENDED TO READ:
7 § 1538. School, examination or hearing on accumulation of
8 points or excessive speeding.
9 (a) Initial accumulation of six points.--When any person's
10 record for the first time shows as many as six points, the
11 department shall require the person to attend an approved driver
12 improvement school or undergo a special examination and shall so
13 notify the person in writing. Upon satisfactory attendance and
14 completion of the course, three points shall be removed from the
15 person's record or, upon passing the special examination, two
16 points shall be removed from the person's record. Failure to
17 attend and satisfactorily complete the requirements of driver
18 improvement school shall result in the suspension of such
19 person's operating privilege for 60 days. Failure to pass the
20 examination shall result in the suspension of the operating
21 privilege until the examination has been satisfactorily
22 completed.
23 (b) Second accumulation of six points.--
24 (1) When any person's record has been reduced below six
25 points and for the second time shows as many as six points,
26 the department shall require the person to attend a
27 departmental hearing. The hearing examiner may recommend one
28 or more of the following:
29 (i) That the person be required to attend a driver
30 improvement school.
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1 (ii) That the person undergo an examination as
2 provided for in section 1508 (relating to examination of
3 applicant for driver's license).
4 (iii) That the person's driver's license be
5 suspended for a period not exceeding 15 days.
6 (2) The department may effect or modify the
7 recommendations of the hearing examiner but may not impose
8 any sanction not recommended by the hearing examiner.
9 (3) Upon completion of the sanction or sanctions imposed
10 by the department, two points shall be removed from the
11 person's record unless the sanction imposed requires the
12 attendance at and completion of a course at an approved
13 driver improvement school in which case three points shall be
14 removed from the person's record.
15 (4) Failure to attend the hearing or to attend and
16 satisfactorily complete the requirements of a driver
17 improvement school shall result in the suspension of such
18 person's operating privilege for 60 days. Failure to pass an
19 examination shall result in the suspension of such person's
20 operating privilege until the examination has been
21 satisfactorily completed.
22 (c) Subsequent accumulations of six points.--When any
23 person's record has been reduced below six points and for the
24 third or subsequent time shows as many as six points, the
25 department shall require the driver to attend a departmental
26 hearing to determine whether the person's operating privilege
27 should be suspended for a period not to exceed 30 days. Failure
28 to attend the hearing or to comply with the requirements of the
29 findings of the department shall result in the suspension of the
30 operating privilege until the person has complied.
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1 (d) Conviction for excessive speeding.--
2 (1) When any person is convicted of driving 31 miles per
3 hour or more in excess of the speed limit, the department
4 shall require the person to attend a departmental hearing.
5 The hearing examiner may recommend one or more of the
6 following:
7 (i) That the person be required to attend a driver
8 improvement school.
9 (ii) That the person undergo an examination as
10 provided for in section 1508.
11 (iii) That the person have his driver's license
12 suspended for a period not exceeding 15 days.
13 (2) The department shall effect at least one of the
14 sanctions but may not increase any suspension beyond 15 days.
15 (3) Failure to attend the hearing or to attend and
16 satisfactorily complete the requirements of a driver
17 improvement school shall result in the suspension of such
18 person's operating privilege for 60 days. Failure to pass an
19 examination shall result in the suspension of such person's
20 operating privilege until the examination has been
21 satisfactorily completed.
22 (e) Approved driver training schools.--The approved driver
23 training schools shall be administered by chartered and
24 accredited chapters of the National Safety Council or accredited
25 Pennsylvania AAA Motor Clubs and shall be offered in each of the
26 counties and be available to all residents of this Commonwealth.
27 The classroom and field courses offered by the schools shall be
28 approved by the department. A fee, the maximum of which is to be
29 established by the department, shall be charged each person
30 attending the course. Ten percent of the fee shall be returned
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1 to the department to be used exclusively for safety programs.
2 Section 2 3. This act shall take effect in 60 days. <--
C29L75RDG/19850H0902B2462 - 5 -