PRINTER'S NO. 555
No. 518 Session of 2003
INTRODUCED BY GREENLEAF, FUMO, LEMMOND AND STACK, MARCH 18, 2003
REFERRED TO TRANSPORTATION, MARCH 18, 2003
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for operating privileges.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 1541(a) of Title 75 of the Pennsylvania
6 Consolidated Statutes, amended October 4, 2002 (P.L.845,
7 No.123), is amended to read:
8 § 1541. Period of disqualification, revocation or suspension of
9 operating privilege.
10 (a) Commencement of period.--
11 (1) The period of disqualification, revocation or
12 suspension of the operating privilege or the disqualification
13 of the commercial operating privilege shall commence as
14 provided for in section 1540 (relating to surrender of
15 license). [No] Except as provided for in paragraph (2), no
16 credit toward the revocation, suspension or disqualification
17 shall be earned until the driver's license is surrendered to
18 the department, a court or a district attorney, as the case
1 may be.
2 (2) A driver may receive credit toward the revocation,
3 suspension or disqualification if the driver can show proof
4 that he did not operate a motor vehicle during the entire
5 period of disqualification, revocation or suspension and can
6 provide collaborating evidence. The proof shall include, but
7 not be limited to, a sworn affidavit on a form prescribed by
8 and submitted to the department swearing that the driver did
9 not operate a motor vehicle during the entire period of
10 disqualification, revocation or suspension. Such credit shall
11 be rescinded if it is later determined that the driver was
12 untruthful in the affidavit.
13 (3) A nonresident licensed driver or an unlicensed
14 individual, including a driver whose license has expired,
15 shall submit an acknowledgment of suspension or revocation to
16 the department in lieu of a driver's license, except for the
17 suspension of the operating privilege of an unlicensed
18 individual under 16 years of age, in which case the
19 suspension shall commence automatically upon the individual's
20 16th birthday for the specified period if an acknowledgment
21 is received any time prior to the individual's 16th birthday.
22 (4) If a licensed driver is not in possession of his
23 driver's license, no credit toward the disqualification,
24 revocation or suspension shall be earned until a sworn
25 affidavit [or] on a form prescribed by the department is
26 surrendered to the department swearing that the driver is not
27 in possession of his driver's license. Such credit shall be
28 rescinded if it is later determined that the driver was
29 untruthful in the affidavit. Credit shall also be revoked if
30 a person surrenders a duplicate license and it is later
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1 determined that the person was still in possession of an
2 earlier issued, unexpired license.
3 (5) The department may, upon request of the person whose
4 license is suspended or disqualified, delay the commencement
5 of the period of suspension or disqualification for a period
6 not exceeding six months whenever the department determines
7 that failure to grant the extension will result in hardship
8 to the person whose license has been suspended or
9 disqualified.
10 * * *
11 Section 2. This act shall take effect in 60 days.
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