PRINTER'S NO. 1150
No. 968 Session of 2001
INTRODUCED BY STACK, LOGAN, COSTA, KITCHEN, BOSCOLA, WAUGH,
SCHWARTZ, MUSTO AND ORIE, JUNE 11, 2001
REFERRED TO TRANSPORTATION, JUNE 11, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving while operating
3 privilege is suspended.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1543 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 1543. Driving while operating privilege is suspended or
9 revoked.
10 (a) Offense defined.--Except as provided in subsection (b),
11 any person who drives a motor vehicle on any highway or
12 trafficway of this Commonwealth after the commencement of a
13 suspension, revocation or cancellation of the operating
14 privilege and before the operating privilege has been restored
15 is guilty of a [summary offense] misdemeanor of the third degree
16 and shall, upon conviction, be sentenced to pay a fine of [$200]
17 $1,000.
18 (b) Certain offenses.--
1 (1) Any person who drives a motor vehicle on any highway
2 or trafficway of this Commonwealth at a time when their
3 operating privilege is suspended or revoked as a condition of
4 acceptance of Accelerated Rehabilitative Disposition for a
5 violation of section 3731 (relating to driving under
6 influence of alcohol or controlled substance) or because of a
7 violation of section 1547(b)(1) (relating to suspension for
8 refusal) or 3731 or suspended under section 1581 (relating to
9 Driver's License Compact) for an offense substantially
10 similar to a violation of section 3731 shall, upon
11 conviction, be guilty of a [summary offense] misdemeanor of
12 the second degree and shall be sentenced to pay a fine of
13 [$1,000] $2,000 and to undergo imprisonment for a period of
14 not less than 90 days.
15 (2) This subsection shall apply to any person against
16 whom one of these suspensions has been imposed whether the
17 person is currently serving this suspension or whether the
18 effective date of suspension has been deferred under any of
19 the provisions of section 1544 (relating to additional period
20 of revocation or suspension). This provision shall also apply
21 until the person has had the operating privilege restored.
22 This subsection shall also apply to any revocation imposed
23 pursuant to section 1542 (relating to revocation of habitual
24 offender's license) if any of the enumerated offenses was for
25 a violation of section 3731 or for an out-of-State offense
26 that is substantially similar to a violation of section 3731
27 for which a revocation is imposed under section 1581.
28 (c) Suspension or revocation of operating privilege.--Upon
29 receiving a certified record of the conviction of any person
30 under this section, the department shall suspend or revoke that
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1 person's operating privilege as follows:
2 (1) If the department's records show that the person was
3 under suspension, recall or cancellation on the date of
4 violation, and had not been restored, the department shall
5 suspend the person's operating privilege for an additional
6 one-year period.
7 (2) If the department's records show that the person was
8 under revocation on the date of violation, and had not been
9 restored, the department shall revoke the person's operating
10 privilege for an additional two-year period.
11 (d) Citation of appropriate subsection.--Prior to [filing a
12 citation] making an arrest for a violation of this section [with
13 the issuing authority named in the citation], the police officer
14 shall verify the basis for the suspension with the department.
15 Upon receiving the verification, the officer shall [cite] make
16 an arrest for violation of the appropriate subsection of this
17 section [on the citation].
18 Section 2. This act shall take effect in 60 days.
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