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                                                      PRINTER'S NO. 1094

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 988 Session of 1997


        INTRODUCED BY TRELLO, OLASZ, DeLUCA, TIGUE, STABACK, LAUGHLIN,
           LUCYK, GODSHALL, MELIO, RAMOS, HENNESSEY, TRAVAGLIO, PESCI,
           BELFANTI, LEH, SHANER, BOSCOLA, GIGLIOTTI, STEELMAN AND
           COLAFELLA, MARCH 19, 1997

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 19, 1997

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for occupational limited
     3     licenses.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1553(b)(1) and (3) and (d)(6), (7) and
     7  (8) of Title 75 of the Pennsylvania Consolidated Statutes, are
     8  amended to read:
     9  § 1553.  Occupational limited license.
    10     * * *
    11     (b)  Petition.--
    12         (1)  The applicant for an occupational limited license
    13     must file a petition with the department, by certified mail,
    14     setting forth in detail the need for operating a motor
    15     vehicle. The petition shall be on a form prescribed by the
    16     department and shall identify the specific motor vehicle or
    17     vehicles the petitioner seeks permission to operate. The


     1     petition shall include an explanation as to why the operation
     2     of a motor vehicle is essential to the petitioner's
     3     occupation, work, trade or study. The petition shall identify
     4     the petitioner's employer and shall include proof of
     5     financial responsibility covering all vehicles which the
     6     petitioner requests to be allowed to operate. If the
     7     applicant's operating privileges have been suspended under
     8     section 1532(b)(3) (relating to revocation or suspension of
     9     operating privilege) or have been suspended pursuant to
    10     Accelerated Rehabilitative Disposition for a violation of
    11     section 3731 (relating to driving under influence of alcohol
    12     or controlled substance), the petition must state that the
    13     applicant has completed a drug or alcohol rehabilitation
    14     program. The department may require additional information as
    15     well as additional evidence to verify the information
    16     contained in the petition.
    17         * * *
    18         (3)  Consistent with the provisions of this section,
    19     including the department's approval of the drug or alcohol
    20     rehabilitation program under paragraph (1), the department
    21     shall issue an occupational limited license to the applicant
    22     within 20 days of receipt of the petition.
    23         * * *
    24     (d)  Unauthorized issuance.--The department shall prohibit
    25  issuance of an occupational limited license to:
    26         * * *
    27         [(6)  Any person who has been adjudicated delinquent or
    28     convicted of driving under the influence of alcohol or
    29     controlled substance unless the suspension or revocation
    30     imposed for that conviction has been fully served.
    19970H0988B1094                  - 2 -

     1         (7)  Any person whose operating privilege has been
     2     suspended for refusal to submit to chemical testing to
     3     determine the amount of alcohol or controlled substance
     4     unless that suspension has been fully served.
     5         (8)  Any person who has been granted a consent decree or
     6     Accelerated Rehabilitative Disposition for driving under the
     7     influence of alcohol or controlled substance and whose
     8     license has been suspended by the department unless the
     9     suspension imposed has been fully served.]
    10         * * *
    11     Section 2.  The amendment of 75 Pa.C.S. § 1553(b)(1) and (3)
    12  and (d)(6), (7) and (8) shall apply to petitions filed on or
    13  after the effective date of this act, regardless of the date of
    14  suspension.
    15     Section 3.  This act shall take effect in 60 days.










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