PRINTER'S NO. 1248
No. 1057 Session of 1989
INTRODUCED BY CORMAN AND STOUT, JUNE 19, 1989
REFERRED TO TRANSPORTATION, JUNE 19, 1989
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, providing for commercial drivers; further providing 3 for buses, for exemptions from licensing, for classes of 4 licenses, for school bus drivers, for issuance and content of 5 driver's license, for revocation or suspension of operating 6 privilege, for schedule of convictions and points, for 7 surrender of license, for chemical testing to determine 8 amount of alcohol or controlled substance, for judicial 9 review, for violations concerning licenses, for driving under 10 foreign license during suspension or revocation, for reckless 11 driving, for driving under the influence of alcohol or 12 controlled substance, for enforcement agreements and for 13 reports by courts; and providing for careless driving. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. The definitions of "bus," "passenger car" and 17 "school bus" in section 102 of Title 75 of the Pennsylvania 18 Consolidated Statutes are amended and the section is amended by 19 adding a definition to read: 20 § 102. Definitions. 21 Subject to additional definitions contained in subsequent 22 provisions of this title which are applicable to specific 23 provisions of this title, the following words and phrases when
1 used in this title shall have, unless the context clearly 2 indicates otherwise, the meanings given to them in this section: 3 * * * 4 "Bus." 5 [(1) At all times prior to July 1, 1986, a motor vehicle 6 designed for carrying more than ten passengers, exclusive of 7 the driver, and used for the transportation of persons and a 8 motor vehicle, other than a taxicab, designed and used for 9 the transportation of persons for compensation. 10 (2) On and after July 1, 1986, a motor vehicle designed 11 for carrying more than ten persons, including the driver, and 12 used for the transportation of persons and a motor vehicle, 13 other than a taxicab, designed and used for the 14 transportation of persons for compensation. The term does not 15 include a vehicle owned by a natural person which is used 16 solely for noncommercial purposes, or a vehicle used in a 17 ridesharing arrangement, as defined in the act of December 18 14, 1982 (P.L.1211, No.279), entitled "An act providing for 19 ridesharing arrangements and providing that certain laws 20 shall be inapplicable to ridesharing arrangements."] 21 (1) a motor vehicle designed to transport 16 or more 22 passengers, including the driver; and 23 (2) a motor vehicle, other than a taxicab, designed to 24 transport not more than 15 passengers, including the driver, 25 and used for the transportation of persons for compensation. 26 The term does not include a vehicle used in a ridesharing 27 arrangement, as defined in the act of December 14, 1982 28 (P.L.1211, No.279), entitled "An act providing for 29 ridesharing arrangements and providing that certain laws 30 shall be inapplicable to ridesharing arrangements," or a 19890S1057B1248 - 2 -
1 school bus. 2 * * * 3 "Passenger car." A motor vehicle, except a motorcycle, 4 designed for carrying [ten] no more than fifteen passengers [or 5 less], including the driver, and primarily used for the 6 transportation of persons. 7 * * * 8 "School bus." A motor vehicle which [complies with the color 9 and lighting identification requirements of section 4552 10 (relating to general requirements for school buses).]: 11 (1) is designed or used to carry 11 passengers or more, 12 including the driver; 13 (2) is used for the transportation of preprimary, 14 primary or secondary school students, personnel or chaperones 15 to such schools or school-related activities from home, or 16 from such schools or school-related activities to home. 17 "School vehicle." A motor vehicle, except a motorcycle, 18 designed for carrying no more than ten passengers, including the 19 driver, and used for the transportation of preprimary, primary 20 or secondary school students while registered by or under 21 contract to a school district or private or parochial school. 22 The term includes vehicles having chartered, group and party 23 rights under the Pennsylvania Public Utility Commission and used 24 for the transportation of school children. 25 * * * 26 Section 2. Sections 1501(c) and 1502(1) of Title 75 are 27 amended to read: 28 § 1501. Drivers required to be licensed. 29 * * * 30 (c) Limitation on number of licenses.--No person shall 19890S1057B1248 - 3 -
1 receive a driver's license unless and until the person 2 surrenders to the department all valid licenses in the person's 3 possession issued by this or any other state. All surrendered 4 licenses issued by another state shall be returned to that 5 state, together with information that the person is licensed in 6 this Commonwealth. No person shall be permitted to have more 7 than one valid driver's license issued by this or any other 8 state at any time. This subsection shall not apply to a 9 nonresident who holds a nonresident commercial driver's license 10 issued under Chapter 16 (relating to commercial drivers). 11 * * * 12 § 1502. Persons exempt from licensing. 13 The following persons are not required to obtain a driver's 14 license under this chapter: 15 (1) Any employee of the Federal Government while 16 operating a motor vehicle owned by or leased to the Federal 17 Government and being operated on official business unless the 18 employee is required by the Federal Government or any agency 19 thereof to have a state driver's license. This exemption 20 shall not apply to the operation of commercial motor 21 vehicles, as defined in Chapter 16 (relating to commercial 22 drivers). 23 * * * 24 Section 3. Section 1504(d) of Title 75 is amended and the 25 section is amended by adding a subsection to read: 26 § 1504. Classes of licenses. 27 * * * 28 (d) Number and description of classes.--Licenses issued by 29 the department shall be classified in the following manner: 30 [(1) Class 1.--A Class 1 license shall be issued to 19890S1057B1248 - 4 -
1 those persons who have demonstrated their qualifications to 2 operate a single vehicle not in excess of 30,000 pounds 3 registered gross weight or any such vehicle towing a trailer 4 not in excess of 10,000 pounds gross weight. Any fireman who 5 is the holder of a Class 1 license and who has a certificate 6 of authorization from his fire chief shall be authorized to 7 operate any vehicle registered to the fire department 8 regardless of the other requirements of this section as to 9 the class of license required. The holder of a Class 1 10 license shall also be authorized to drive a motorized 11 pedalcycle or a three-wheeled motorcycle equipped with an 12 enclosed cab. The holder of a Class 1 license shall not be 13 deemed qualified to operate buses, school buses or 14 motorcycles unless the license is endorsed as provided in 15 this section. 16 (2) Class 2.--A Class 2 license shall be issued to those 17 persons over 18 years of age who have demonstrated their 18 qualifications to operate a single vehicle of over 30,000 19 pounds registered gross weight or any bus or any such vehicle 20 towing a trailer not in excess of 10,000 pounds gross weight. 21 The holder of a Class 2 license shall be deemed qualified to 22 operate those vehicles for which a Class 1 license is issued, 23 but not school buses or motorcycles unless the license is 24 endorsed as provided in this section. 25 (3) Class 3.--A Class 3 license shall be issued to those 26 persons over 18 years of age who have demonstrated their 27 qualifications to operate a vehicle while in combination with 28 or towing a trailer in excess of 10,000 pounds gross weight. 29 The holder of a Class 3 license shall be deemed qualified to 30 operate those vehicles for which a Class 1 or Class 2 license 19890S1057B1248 - 5 -
1 is issued, but not school buses or motorcycles unless the 2 license is endorsed as provided in this section. 3 (4) Class 4.--Persons who have qualified to operate 4 school buses in accordance with this title and the rules and 5 regulations promulgated and adopted by the department shall 6 have the qualification endorsed on the license on the license 7 as provided in this section. 8 (5) Class 5.--Those persons who have demonstrated their 9 qualifications to operate a motorcycle, shall have that 10 qualification endorsed on one of the basic classes of license 11 described in this section. If a person is qualified only to 12 operate a motorcycle he shall be issued a license with only 13 that qualification endorsed on the license. 14 (6) Class 6.--Those persons who have demonstrated their 15 qualifications to operate a motor-driven cycle or motorized 16 pedalcycle shall have that qualification endorsed on one of 17 the basic classes of license described in this section. If a 18 person is qualified only to operate a motor-driven cycle or 19 motorized pedalcycle he shall be issued a license with only 20 that qualification endorsed on the license.] 21 (1) Class A.--A Class A license shall be issued to those 22 persons 21 years of age or older who have demonstrated their 23 qualifications to operate any combination of vehicles with a 24 gross vehicle weight rating of 26,001 pounds or more, 25 provided the gross vehicle weight rating of the vehicle or 26 vehicles being towed is in excess of 10,000 pounds. 27 (i) The holder of a Class A license shall be deemed 28 qualified to operate those vehicles for which a Class B, 29 Class C or Class D license is issued. 30 (ii) Where required under this title, appropriate 19890S1057B1248 - 6 -
1 endorsements must be obtained. 2 (iii) A Class A license is a commercial driver's 3 license as defined in this title. 4 (2) Class B.--A Class B license shall be issued to those 5 persons 21 years of age or older who have demonstrated their 6 qualifications to operate any single vehicle with a gross 7 vehicle weight rating of 26,001 pounds or more, or any bus or 8 school bus designed to transport 26 or more passengers, 9 including the driver, or any such vehicle towing a vehicle 10 having a gross vehicle weight rating of not more than 10,000 11 pounds. 12 (i) The holder of a Class B license shall be deemed 13 qualified to operate those vehicles for which a Class C 14 or Class D license is issued. 15 (ii) Where required under this title, appropriate 16 endorsements must be obtained. 17 (iii) A Class B license is a commercial driver's 18 license as defined in this title. 19 (3) Class C.--A Class C license shall be issued to those 20 persons 21 years of age or older who have demonstrated their 21 qualifications to operate any single vehicle with a gross 22 vehicle weight rating of not more than 26,000 pounds or any 23 such vehicle towing a vehicle with a gross vehicle weight 24 rating of not more than 10,000 pounds or any bus or school 25 bus designed to transport not more than 25 passengers, 26 including the driver. 27 (i) The holder of a Class C license shall be deemed 28 qualified to operate those vehicles for which a Class D 29 license is issued. 30 (ii) Where required under this title, appropriate 19890S1057B1248 - 7 -
1 endorsements must be obtained. 2 (iii) A Class C license is a commercial driver's 3 license, as defined in this title. 4 (4) Class D.--A Class D license shall be issued to those 5 persons who have demonstrated their qualifications to operate 6 any single vehicle, other than a bus, with a gross vehicle 7 weight rating not in excess of 26,000 pounds or any such 8 vehicle towing a vehicle with a gross vehicle weight rating 9 not in excess of 10,000 pounds. 10 (i) Any fireman who is the holder of a Class D 11 license and who has a certificate of authorization from 12 his fire chief shall be authorized to operate any fire or 13 emergency vehicle registered to the fire department, 14 regardless of the other requirements of this section as 15 to the class of license required. 16 (ii) The holder of a Class D license shall also be 17 authorized to drive a motorized pedalcycle or a three- 18 wheeled motorcycle equipped with an enclosed cab, but not 19 a motorcycle unless the license is endorsed, as provided 20 in this title. 21 (5) Class M.--A Class M license shall be issued to those 22 persons who have demonstrated their qualifications to operate 23 a motorcycle or motor-driven cycle. If a person is qualified 24 to operate only a motorcycle or motor-driven cycle, he shall 25 be issued a Class M license only. 26 (d.1) Special provisions for current Class 2, 3 or 4 27 drivers.--Any person who holds a valid Class 2, 3 or 4 license, 28 but is under 21 years of age on the effective date of this 29 section, shall be treated as if he is 21 years of age for 30 purposes of applying for and obtaining a commercial driver's 19890S1057B1248 - 8 -
1 license. 2 * * * 3 Section 4. The heading and subsection (a) of section 1509 4 and sections 1510(a), 1532(b)(1), 1535(a), 1540(b) and (c), 5 1547(d), 1550, 1571(a)(1) and (4) and 1573 of Title 75 are 6 amended to read: 7 § 1509. Qualifications for [Class 4 license] school bus driver 8 endorsement. 9 (a) School bus driver requirements.--No person shall be 10 issued [a Class 4 license] an endorsement to operate a school 11 bus unless the person: 12 (1) has successfully completed a course of instruction 13 as provided in subsection (c); 14 (2) has satisfactorily passed an annual physical 15 examination to be given by the physician for the school 16 district by which the person is employed; and 17 (3) is [18] 21 years of age or older. 18 * * * 19 § 1510. Issuance and content of driver's license. 20 (a) General rule.--The department shall, upon payment of the 21 required fee, issue to every qualified applicant a driver's 22 license indicating the type or general class of vehicles the 23 licensee is authorized to drive and any endorsements or 24 restrictions, which license shall contain a distinguishing 25 number assigned by the department to the licensee, the [social 26 security] Social Security number of the licensee, the actual 27 name, date of birth, residence address, a color photograph or 28 photographic facsimile of the licensee, such other information 29 as may be required by the department, and either a facsimile of 30 the signature of the licensee or a space upon which the licensee 19890S1057B1248 - 9 -
1 shall write his usual signature with pen and ink. Personal
2 medical data and other information for use in an emergency may
3 be included as a part of the license. Information other than
4 that required to identify the licensee, the distinguishing
5 number and the class of license issued may be included in
6 microdata form. No driver's license shall be valid until it has
7 been signed by the licensee.
8 * * *
9 § 1532. Revocation or suspension of operating privilege.
10 * * *
11 (b) Suspension.--
12 (1) The department shall suspend the operating privilege
13 of any driver for six months upon receiving a certified
14 record of the driver's conviction of any offense under the
15 following provisions:
16 Section 3367 (relating to racing on highways).
17 Section 3733 (relating to fleeing or attempting to
18 elude police officer).
19 Section 3734 (relating to driving without lights to
20 avoid identification or arrest).
21 Section 3736 (relating to reckless driving).
22 Section 3743 (relating to accidents involving damage
23 to attended vehicle or property).
24 * * *
25 § 1535. Schedule of convictions and points.
26 (a) General rule.--A point system for driver education and
27 control is hereby established which is related to other
28 provisions for use, suspension and revocation of the operating
29 privilege as specified under this title. Every driver licensed
30 in this Commonwealth who is convicted of any of the following
19890S1057B1248 - 10 -
1 offenses shall be assessed points as of the date of violation in 2 accordance with the following schedule: 3 Section Number Offense Points 4 1512 Violation of restriction on 5 driver's license. 2 6 1571 Violation concerning license. 3 7 3102 Failure to obey policeman or 8 authorized person. 2 9 3112(a)(3)(i) Failure to stop for a red light. 3 10 3114(a)(1) Failure to stop for a flashing 11 red light. 3 12 3302 Failure to yield half of roadway 13 to oncoming vehicle. 3 14 3303 Improper passing. 3 15 3304 Other improper passing. 3 16 3305 Other improper passing. 3 17 3306(a)(1) Other improper passing. 4 18 3306(a)(2) Other improper passing. 3 19 3306(a)(3) Other improper passing. 3 20 3307 Other improper passing. 3 21 3310 Following too closely. 3 22 3321 Failure to yield to driver on the 23 right at intersection. 3 24 3322 Failure to yield to oncoming 25 driver when making left turn. 3 26 3323(b) Failure to stop for stop sign. 3 27 3323(c) Failure to yield at yield sign. 3 28 3324 Failure to yield when entering or 29 crossing roadway between inter- 30 sections. 3 19890S1057B1248 - 11 -
1 3332 Improper turning around. 3 2 3341 Failure to stop for flashing red 3 lights or gate at railroad 4 crossing. 3 5 3344 Failure to stop when entering from 6 alley, driveway or building. 3 7 3345(a) Failure to stop for school bus 8 with flashing red lights. 5 9 (and 60 days suspension) 10 3361 Driving too fast for conditions. 2 11 3362 Exceeding maximum speed.--Over Limit: 12 6-10 2 13 11-15 3 14 16-25 4 15 26-30 5 16 31-over 5 17 (and departmental hearing 18 and sanctions provided 19 under section 1538(d)) 20 3365(b) Exceeding special speed limit 21 in school zone. 3 22 3365(c) Exceeding special speed limit 23 for trucks on downgrades. 3 24 3542(a) Failure to yield to pedestrian in 25 crosswalk. 2 26 3547 Failure to yield to pedestrian on 27 sidewalk. 3 28 3549(a) Failure to yield to blind 29 pedestrian. 3 30 3702 Improper backing. 3 19890S1057B1248 - 12 -
1 3714 [Reckless] Careless driving. 3 2 3745 Leaving scene of accident 3 involving property damage only. 4 4 * * * 5 § 1540. Surrender of license. 6 * * * 7 (b) Suspension [or], revocation or disqualification of 8 operating privilege.--Upon the suspension or revocation of the 9 operating privilege or the disqualification of the commercial 10 operating privilege of any person by the department, the 11 department shall forthwith notify the person in writing at the 12 address of record to surrender his driver's license to the 13 department for the term of suspension [or], revocation or 14 disqualification. The suspension [or], revocation or 15 disqualification shall be effective upon a date determined by 16 the department or the date of surrender of the license to the 17 department if that date is subsequent to the department's notice 18 to surrender the license, whichever occurs first. Upon surrender 19 of the license, the department shall issue a receipt showing the 20 date that it received the license. 21 (c) Seizure of revoked [and], suspended, canceled or 22 disqualified licenses.--The department may delegate authority to 23 any authorized [department] Commonwealth employee, member of the 24 Pennsylvania State Police or local police officer to seize the 25 driver's license of any person when the operating privilege of 26 that person has been revoked [or], suspended, canceled or 27 disqualified and his driver's license has been ordered to be 28 surrendered by a court or district attorney or by the 29 department. The department shall, by regulation, prescribe the 30 manner of selecting the Commonwealth employees and [State and] 19890S1057B1248 - 13 -
1 local police officers to seize the drivers' licenses. 2 § 1547. Chemical testing to determine amount of alcohol or 3 controlled substance. 4 * * * 5 (d) Presumptions from amount of alcohol.--If chemical 6 testing of a person's breath, blood or urine shows: 7 (1) That the amount of alcohol by weight in the blood of 8 the person tested is 0.05% or less, it shall be presumed that 9 the person tested was not under influence of alcohol and the 10 person shall not be charged with any violation under section 11 3731(a)(1) or (4) (relating to driving under influence of 12 alcohol or controlled substance), or, if the person was so 13 charged prior to the test, the charge shall be void ab 14 initio. This fact shall not give rise to any presumption 15 concerning a violation of section 3731(a)(2) or (3) or (i). 16 (2) That the amount of alcohol by weight in the blood of 17 the person tested is in excess of 0.05% but less than 0.10%, 18 this fact shall not give rise to any presumption that the 19 person tested was or was not under the influence of alcohol, 20 but this fact may be considered with other competent evidence 21 in determining whether the person was or was not under the 22 influence of alcohol. This provision shall not negate the 23 provisions of section 3731(i). 24 (3) That the amount of alcohol by weight in the blood of 25 the person tested is 0.10% or more, this fact may be 26 introduced into evidence if the person is charged with 27 violating section 3731. 28 * * * 29 § 1550. Judicial review. 30 (a) General rule.--Any person denied a driver's license or 19890S1057B1248 - 14 -
1 whose operating privilege has been recalled, canceled, suspended 2 [or], revoked or disqualified by the department shall have the 3 right to appeal to the court vested with jurisdiction of such 4 appeals by or pursuant to Title 42 (relating to judiciary and 5 judicial procedure). 6 (b) Supersedeas.--[The] 7 (1) In the case of a recall, suspension, cancellation or 8 revocation, the filing of the petition shall operate as a 9 supersedeas, and no recall, suspension, cancellation or 10 revocation shall be imposed against such person until final 11 determination of the matter. 12 (2) In the case of a disqualification of the commercial 13 operating privilege, the driver may petition to the court of 14 common pleas of his county of residence, which court may 15 grant a supersedeas ex parte upon a showing of reasonable 16 likelihood of successful prosecution of the appeal. 17 (c) Proceedings of court.--The court shall set the matter 18 for hearing upon 30 days written notice to the department and 19 determine whether the petitioner is in fact the person whose 20 operating privilege is subject to the recall, suspension, 21 cancellation [or], revocation or disqualification. 22 § 1571. Violations concerning licenses. 23 (a) Offenses defined.--It is unlawful for any person: 24 (1) To exhibit or cause or permit to be exhibited or 25 have in possession any recalled, canceled, suspended, 26 revoked, disqualified, fictitious or fraudulently altered 27 driver's license. 28 * * * 29 (4) To fail or refuse to surrender to the department 30 upon lawful demand a recalled, canceled, suspended, revoked, 19890S1057B1248 - 15 -
1 disqualified, fictitious or fraudulently altered driver's 2 license. 3 * * * 4 § 1573. [Driving under] Displaying a foreign license during 5 suspension or revocation. 6 [Any] (a) Offense defined.--It is unlawful for any resident 7 or nonresident whose operating privilege to drive a motor 8 vehicle in this Commonwealth has been recalled, canceled, 9 suspended [or], revoked or disqualified as provided in this 10 title shall not [drive a motor vehicle in this Commonwealth 11 under] display a license or permit issued by any other 12 jurisdiction or otherwise during the suspension or after the 13 recall, cancellation [or], revocation or disqualification until 14 [a new driver's license is obtained when and as permitted under 15 this chapter] the individual's operating privilege has been 16 restored by the department. 17 (b) Penalty.--Any person violating the provisions of this 18 section commits a summary offense and shall, upon conviction, be 19 sentenced to pay a fine of $100. This penalty shall be in 20 addition to any other penalties imposed under this title. 21 Section 5. Title 75 is amended by adding a chapter to read: 22 CHAPTER 16 23 COMMERCIAL DRIVERS 24 Sec. 25 1601. Short title of chapter. 26 1602. Purpose and construction of chapter. 27 1603. Definitions. 28 1604. Notification requirements for drivers. 29 1605. Employer responsibilities. 30 1606. Requirement for commercial driver's license. 19890S1057B1248 - 16 -
1 1607. Commercial driver's license qualification standards. 2 1608. Nonresident CDL. 3 1609. Application for commercial driver's license. 4 1610. Commercial driver's license. 5 1611. Disqualification. 6 1612. Commercial drivers prohibited from operating with any 7 alcohol in system. 8 1613. Implied consent requirements for commercial motor vehicle 9 drivers. 10 1614. Notification of traffic convictions. 11 1615. Authority to enter agreements. 12 1616. Reciprocity. 13 1617. Fees. 14 § 1601. Short title of chapter. 15 This chapter shall be known and may be cited as the Uniform 16 Commercial Driver's License Act. 17 § 1602. Purpose and construction of chapter. 18 (a) Purpose.--The purpose of this chapter is to implement 19 the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99- 20 570, 49 U.S.C. app. § 2701 et seq.) and reduce or prevent 21 commercial motor vehicle accidents, fatalities and injuries by: 22 (1) Permitting commercial drivers to hold only one 23 driver's license. 24 (2) Disqualifying commercial drivers who have committed 25 certain serious traffic violations, or other specified 26 offenses. 27 (3) Strengthening licensing and testing standards. 28 (b) Construction.--This chapter is a remedial law and shall 29 be liberally construed to promote the public health, safety and 30 welfare. To the extent that this chapter conflicts with other 19890S1057B1248 - 17 -
1 driver licensing provisions, this chapter prevails. Where this 2 chapter is silent, the general driver licensing provisions 3 apply. 4 § 1603. Definitions. 5 The following words and phrases when used in this chapter 6 shall have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 "Commercial driver's license" or "CDL." A license issued in 9 accordance with the requirements of this chapter authorizing an 10 individual to drive a class of commercial motor vehicle. 11 "Commercial Driver's License Information System" or "CDLIS." 12 The information system established pursuant to the Commercial 13 Motor Vehicle Safety Act of 1986 (Public Law 99-570, 49 U.S.C. 14 app. § 2701 et seq.) to serve as a clearinghouse for locating 15 information related to the licensing and identification of 16 commercial motor vehicle drivers. 17 "Commercial driver learner's permit." A permit issued 18 pursuant to section 1607(d) (relating to commercial driver's 19 license qualification standards). 20 "Commercial motor vehicle." A motor vehicle designed or used 21 to transport passengers or property: 22 (1) if the vehicle has a gross vehicle weight rating of 23 26,001 or more pounds or such lesser rating as the department 24 shall adopt under the provisions of section 6103(c) (relating 25 to promulgation of rules and regulations by department), as 26 determined by Federal regulation and published by the 27 department as a notice in the Pennsylvania Bulletin; 28 (2) if the vehicle is designed to transport 16 or more 29 passengers, including the driver; or 30 (3) if the vehicle is a school bus; or 19890S1057B1248 - 18 -
1 (4) if the vehicle is transporting hazardous materials 2 and is required to be placarded in accordance with department 3 regulations. 4 The term does not include an implement of husbandry. 5 "Controlled substance." Any substance so defined or 6 classified under: 7 (1) The act of April 14, 1972 (P.L.233, No.64), known as 8 The Controlled Substance, Drug, Device and Cosmetic Act. 9 (2) Section 102(6) of the Controlled Substance Act 10 (Public Law 91-513 § 21 U.S.C. 802(6)). 11 (3) Schedules I through V of 21 CFR Part 1308. 12 (4) Any revisions to paragraphs (2) or (3) which are 13 published by the department as notices in the Pennsylvania 14 Bulletin. 15 "Disqualification." A prohibition against driving a 16 commercial motor vehicle. 17 "Employer." Any person, including the United States, a state 18 or a political subdivision of a state, who owns or leases a 19 commercial motor vehicle, or assigns a person to drive a 20 commercial motor vehicle. 21 "Felony." An offense under state or Federal law which is 22 punishable by death or imprisonment exceeding one year. 23 "Foreign jurisdiction." Any jurisdiction other than a state 24 of the United States. 25 "Nonresident CDL." A commercial driver's license issued by a 26 state to an individual who resides in a foreign jurisdiction. 27 "Out-of-service order." A temporary prohibition against 28 driving a commercial motor vehicle. 29 "Serious traffic violation:" 30 (1) Excessive speeding as defined by the United States 19890S1057B1248 - 19 -
1 Secretary of Transportation by regulation and published by 2 the department as a notice in the Pennsylvania Bulletin. 3 (2) Reckless driving. 4 (3) Any offense under this title relating to motor 5 vehicle traffic control arising in connection with an 6 accident resulting in death to any person. 7 (4) Any violation of section 3326 (relating to duty of 8 driver in construction and maintenance areas) or 3365(c) 9 (relating to special speed limitations). 10 (5) Any other offenses defined by the United States 11 Secretary of Transportation as serious traffic violations and 12 published by the department as a notice in the Pennsylvania 13 Bulletin. 14 "State." A state of the United States or the District of 15 Columbia. 16 "United States." The fifty states and the District of 17 Columbia. 18 § 1604. Notification requirements for drivers. 19 (a) Notification of convictions.--A driver of a commercial 20 motor vehicle holding a driver's license issued by this 21 Commonwealth who is convicted of violating a Federal or state 22 law or local ordinance relating to motor vehicle traffic control 23 in this or any other state or any Federal, provincial, 24 territorial or municipal law relating to motor vehicle traffic 25 control in Canada, other than parking violations, shall notify 26 his employer, in writing, of the conviction within 30 days of 27 the date of conviction. 28 (b) Notification of suspensions, revocations, cancellations 29 and disqualifications.--Each driver whose operating privilege is 30 suspended, revoked or canceled by any state, who loses the 19890S1057B1248 - 20 -
1 privilege to drive a commercial motor vehicle in any state for 2 any period or who is disqualified from driving a commercial 3 motor vehicle for any period, shall notify his employer of that 4 fact before the end of the business day following the day the 5 driver received notice of the suspension, revocation, 6 cancellation, loss or disqualification. 7 (c) Notification of previous employment.-- 8 (1) Each person who applies for employment as a 9 commercial motor vehicle driver shall provide the employer, 10 at the time of the application for employment, with the 11 following information for the ten years preceding the date of 12 application: 13 (i) A list of the names and addresses of the 14 applicant's previous employers for which the applicant 15 was a driver of a commercial motor vehicle. 16 (ii) The dates between which the applicant drove for 17 each employer. 18 (iii) The reason for leaving that employer. 19 (2) The applicant shall certify that all information 20 furnished is true and complete. 21 (3) An employer may require an applicant to provide 22 additional information. 23 (d) Penalties.-- 24 (1) Any person who knowingly and willfully violates any 25 provision of this section commits a summary offense and 26 shall, upon conviction, be sentenced to pay a fine not to 27 exceed $5,000 or to imprisonment not to exceed 90 days, or 28 both. 29 (2) Any person who is determined by the department, 30 after notice and opportunity for hearing, to have committed 19890S1057B1248 - 21 -
1 an act which is in violation of this section shall be liable 2 to the Commonwealth for a civil penalty not to exceed $2,500 3 for each offense. 4 (3) Any person having a civil penalty imposed by the 5 department under this section shall have the right to appeal 6 to the Commonwealth Court pursuant to Title 42 (relating to 7 judiciary and judicial procedure). 8 § 1605. Employer responsibilities. 9 (a) Requirements.--Each employer shall require the applicant 10 to provide the information specified in section 1604(c) 11 (relating to notification requirements for drivers). Each 12 employer shall inform the applicant that the information he 13 provides in accordance with section 1604(c) may be used, and the 14 applicant's previous employers may be contacted for the purpose 15 of investigating the applicant's work history. 16 (b) Prohibitions.--No employer shall knowingly allow, 17 require, permit or authorize a driver to drive a commercial 18 motor vehicle during any period: 19 (1) in which: 20 (i) the driver's license was suspended, revoked or 21 canceled by a state; 22 (ii) the driver has lost the privilege to drive a 23 commercial motor vehicle in a state; or 24 (iii) the driver has been disqualified from driving 25 a commercial motor vehicle; or 26 (2) in which the driver has more than one driver's 27 license. 28 (c) Penalties.-- 29 (1) Any person who knowingly and willfully violates any 30 provision of this section commits a summary offense and 19890S1057B1248 - 22 -
1 shall, upon conviction, be sentenced to pay a fine not to 2 exceed $5,000 or to imprisonment not to exceed 90 days, or 3 both. 4 (2) Any person who is determined by the department, 5 after notice and opportunity for hearing, to have committed 6 an act which is in violation of this section shall be liable 7 to the Commonwealth for a civil penalty not to exceed $2,500 8 for each offense. 9 (3) Any person against whom a civil penalty is imposed 10 by the department under this section shall have the right to 11 appeal to the Commonwealth Court pursuant to Title 42 12 (relating to judiciary and judicial procedure). 13 § 1606. Requirement for commercial driver's license. 14 (a) When required.--No person, except those specifically 15 exempted in subsection (b), shall drive a commercial motor 16 vehicle unless the person has been issued and is in immediate 17 possession of a valid commercial driver's license and applicable 18 endorsements valid for the vehicle he is driving. 19 (b) Exemptions.--The following persons are not required to 20 obtain a commercial driver's license in order to drive the 21 commercial motor vehicle specified: 22 (1) A person with a commercial driver learner's permit 23 who is accompanied by the holder of a commercial driver's 24 license valid for the vehicle being driven. 25 (2) A person in the service of the Armed Forces of the 26 United States, including members of the Reserves and National 27 Guard on active duty; personnel on full-time National Guard 28 duty; and personnel on inactive National Guard duty training 29 or part-time National Guard training and National Guard 30 military technicians who are required to wear military 19890S1057B1248 - 23 -
1 uniforms and are subject to the Uniform Code of Military 2 Justice when operating equipment owned or operated by the 3 Department of Defense. 4 (3) A person who is a volunteer or paid fireman with a 5 Class D license and who has a certificate of authorization 6 from his fire chief while operating a fire or emergency 7 vehicle registered to the fire department. 8 (4) A farmer operating a farm vehicle used exclusively 9 to transport agricultural products, farm machinery or farm 10 supplies to or from a farm owned or operated by the owner of 11 the farm vehicle. The farm vehicle may not be used in the 12 operations of a common or contract carrier and may be used 13 only within a radius of 25 miles of the farm. 14 (c) Prohibitions.-- 15 (1) No person shall drive a commercial motor vehicle 16 while their operating privilege is suspended, revoked, 17 canceled or recalled; while subject to a disqualification; or 18 in violation of an out-of-service order. 19 (2) No person who operates a commercial motor vehicle 20 shall at any time have more than one driver's license. 21 (d) Penalties.-- 22 (1) Except as provided in paragraph (8), a person who 23 violates subsection (a) commits a summary offense and shall, 24 upon conviction, be sentenced to pay a fine not to exceed 25 $5,000 or to imprisonment not to exceed 90 days, or both. 26 (2) Except as provided in paragraph (8), a person who is 27 determined by the department, after notice and opportunity 28 for a hearing, to have committed an act which is in violation 29 of subsection (a) shall be liable to the Commonwealth for a 30 civil penalty not to exceed $2,500 for each offense. 19890S1057B1248 - 24 -
1 (3) A person who drives a commercial motor vehicle while 2 subject to disqualification commits a summary offense and 3 shall, upon conviction, be sentenced to pay a fine of $500. 4 The department shall impose an additional one-year 5 disqualification upon receipt of a certified record of the 6 driver's conviction. 7 (4) A person who drives a commercial motor vehicle while 8 subject to disqualification under section 1611(b) or (e) 9 (relating to disqualification) commits a summary offense and 10 shall, upon conviction, be sentenced to pay a fine of $1,000 11 or to imprisonment for six months, or both. In cases where 12 the disqualification for life under section 1611(b) is 13 reduced under section 1611(d), the department shall impose an 14 additional one-year disqualification upon receipt of a 15 certified record of the driver's conviction. 16 (5) A person who knowingly and willfully drives a 17 commercial motor vehicle in violation of an out-of-service 18 order issued under section 1612 (relating to commercial 19 drivers prohibited from operating with any alcohol in system) 20 commits a summary offense and shall, upon conviction, be 21 sentenced to pay a fine not to exceed $5,000 or imprisonment 22 not to exceed 90 days, or both. 23 (6) A person who is determined by the department, after 24 notice and opportunity for a hearing, to have been driving a 25 commercial motor vehicle in violation of an out-of-service 26 order issued under section 1612 shall be liable to the 27 Commonwealth for a civil penalty not to exceed $2,500 for 28 each offense. Appeals of such a determination shall be to the 29 Commonwealth Court pursuant to Title 42 (relating to 30 judiciary and judicial procedure). 19890S1057B1248 - 25 -
1 (7) A person who drives a commercial motor vehicle in 2 violation of an out-of-service order (other than an out-of- 3 service order issued under section 1612) commits a summary 4 offense and shall, upon conviction, be sentenced to pay a 5 fine of $500. The department shall also impose a one-year 6 disqualification upon the person upon receipt of a certified 7 record of the conviction. 8 (8) A person charged with violating subsection (a) 9 commits a summary offense and shall, upon conviction, pay a 10 fine of $100 in lieu of the fine and disqualification under 11 paragraph (2) if the person produces at the office of the 12 issuing authority within five days of the violation: 13 (i) a commercial driver's license valid in this 14 Commonwealth at the time of the violation; or 15 (ii) if the commercial driver's license is lost, 16 stolen, destroyed or illegible, evidence that the driver 17 was licensed at the time of the violation and that 18 application for a duplicate license had been made at the 19 time of the violation. 20 (9) A person who knowingly and willfully drives a 21 commercial motor vehicle in violation of paragraph (2) 22 commits a summary offense and shall, upon conviction, be 23 sentenced to pay a fine not to exceed $5,000 or to 24 imprisonment not to exceed 90 days, or both. 25 (10) A person who is determined by the department, after 26 notice and opportunity for a hearing, to have committed an 27 act which is in violation of paragraph (2) shall be liable to 28 the Commonwealth for a civil penalty not to exceed $2,500 for 29 each offense. Appeal of such a determination shall be to the 30 Commonwealth Court pursuant to Title 42. 19890S1057B1248 - 26 -
1 § 1607. Commercial driver's license qualification standards. 2 (a) Testing.-- 3 (1) No person shall be issued a commercial driver's 4 license unless the person is a resident of this Commonwealth 5 and has passed a knowledge and skills test for driving a 6 commercial motor vehicle which complies with minimum Federal 7 standards established by Federal regulation, all other 8 requirements of the Commercial Motor Vehicle Safety Act of 9 1986 (Public Law 99-570, 49 U.S.C. app. § 2701 et seq.) and 10 other requirements imposed under Federal regulation which are 11 published by the department as a notice in the Pennsylvania 12 Bulletin, as well as all requirements of this title or State 13 regulation. The tests shall be prescribed and conducted by 14 the department or its agents. 15 (2) The department may authorize a person, including an 16 agency of this or another state, an employer, a private 17 institution or association, or a department, agency or 18 instrumentality of local government to administer the skills 19 test specified by this section, provided: 20 (i) The test is the same as that which would 21 otherwise be administered by the department. 22 (ii) The third party has entered into an agreement 23 with the department. 24 (b) Waiver of test.--The department may establish procedures 25 to waive the skills test specified in this section for a 26 commercial driver's license applicant who meets the requirements 27 of Federal regulations. If permitted by Federal regulation, the 28 department's waiver procedures may waive the written test 29 requirement for a commercial driver's license applicant holding 30 a valid Class 2, 3 or 4 license. 19890S1057B1248 - 27 -
1 (c) Limitations on issuance of license.--A commercial 2 driver's license or commercial driver learner's permit shall not 3 be issued to a person while the person is subject to a 4 disqualification from driving a commercial motor vehicle or 5 while the person's driver's license is suspended, revoked or 6 canceled in any state; nor shall a commercial driver's license 7 be issued to a person who has a commercial driver's license 8 issued by any other state unless the person first surrenders all 9 such licenses, which shall be returned to the issuing state for 10 cancellation. 11 (d) Commercial driver learner's permit.--The department 12 shall issue a commercial driver learner's permit in accordance 13 with section 1505 (relating to learners' permits). A commercial 14 driver learner's permit is required for the addition of 15 endorsements and the removal of restrictions established under 16 this chapter, including those established by regulation. 17 § 1608. Nonresident CDL. 18 (a) Issuance of nonresident CDL.--The department may issue a 19 nonresident CDL to a resident of a foreign jurisdiction if the 20 United States Secretary of Transportation has determined that 21 the commercial motor vehicle testing and licensing standards in 22 the foreign jurisdiction do not meet the testing standards 23 established in Federal regulations. 24 (1) The word "nonresident" shall appear on the face of 25 the nonresident CDL. 26 (2) An applicant shall surrender any nonresident CDL 27 issued by another state. 28 (3) Prior to issuing a nonresident CDL, the department 29 shall establish the practical capability of revoking, 30 suspending or canceling the nonresident CDL and disqualifying 19890S1057B1248 - 28 -
1 the commercial motor vehicle driving privilege of that 2 person. 3 (b) Other provisions applicable.--All provisions of this 4 chapter applicable to the commercial driver's license for a 5 resident of this Commonwealth, except the residency requirement, 6 and all provisions of this title applicable to drivers' licenses 7 shall be applicable to a nonresident CDL. 8 § 1609. Application for commercial driver's license. 9 (a) Contents of application.--The application for a 10 commercial driver's license or commercial drivers learner's 11 permit shall include the following: 12 (1) The full name and current residential address of the 13 person. 14 (2) A physical description of the person, including sex, 15 height and eye color. 16 (3) Date of birth. 17 (4) The applicant's Social Security number. 18 (5) The person's signature. 19 (6) Certifications, including those required by Federal 20 regulations. 21 (7) Any other information required by the department. 22 (b) Change of name or address.--Whenever any person, after 23 applying for or receiving a commercial driver's license or 24 commercial driver learner's permit, moves from the address named 25 in the application or in the driver's license or learner's 26 permit issued, or when the name of the licensee or permittee is 27 changed, such person shall within 15 days make application for a 28 duplicate license. The duplicate shall be issued upon payment of 29 the required fee and return of the original, or previous 30 duplicate, license. 19890S1057B1248 - 29 -
1 (c) New residents.--No person who is a resident of this 2 Commonwealth for 30 days shall drive a commercial motor vehicle 3 under the authority of a commercial driver's license issued by 4 another jurisdiction. 5 § 1610. Commercial driver's license. 6 (a) Content of license.--The commercial driver's license 7 shall indicate "commercial driver's license" or "CDL" and shall 8 include, but not be limited to, the following information: 9 (1) The name and residential address of the person. 10 (2) The person's color photograph or photographic 11 facsimile. 12 (3) A physical description of the person, including sex, 13 height and eye color. 14 (4) Date of birth. 15 (5) The license number assigned by the department. 16 (6) The person's signature or a facsimile of that 17 signature. 18 (7) The class or type of commercial motor vehicle or 19 vehicles which the person is authorized to drive, together 20 with any endorsements or restrictions. 21 (b) Classifications, endorsements and restrictions.-- 22 Commercial drivers' licenses may be issued with the following 23 classifications, endorsements and restrictions. The holder of a 24 valid commercial driver's license may drive all vehicles in the 25 class for which that license is issued and all lesser classes of 26 vehicles except motorcycles. Vehicles requiring an endorsement 27 may not be driven unless the proper endorsement appears on the 28 license: 29 (1) Commercial driver classifications are Classes A, B 30 and C, as set forth in section 1504 (relating to classes of 19890S1057B1248 - 30 -
1 licenses). 2 (2) The following codes shall be used as required to 3 describe the commercial driver's license endorsements and 4 restrictions. Additional endorsements and restrictions may be 5 added by regulation for use on the commercial driver's 6 license: 7 H - Authorizes the driver to operate a vehicle 8 transporting hazardous materials. 9 K - Restricts the driver to vehicles not equipped 10 with airbrakes. 11 N - Authorizes driving tank vehicles. 12 P - Authorizes driving vehicles carrying passengers. 13 S - Authorizes the driver to operate a school bus. 14 T - Authorizes driving double and triple trailers. 15 X - Represents a combination of hazardous materials 16 and tank vehicle endorsements. 17 (c) Applicant record check.--Before issuing a commercial 18 driver's license, the department shall obtain driving record 19 information through the Commercial Driver's License Information 20 System and the National Driver Register. 21 (d) Notification of license issuance.--When the department 22 has electronic access, but no later than March 31, 1992, the 23 department, within ten days after issuing a commercial driver's 24 license, shall notify the Commercial Driver's License 25 Information System of that fact, providing all information 26 required to ensure identification of the person. 27 (e) License renewal procedures.--When applying for renewal 28 of a commercial driver's license, the applicant must complete 29 the application form required by section 1609(a) (relating to 30 application for commercial driver's license), providing current 19890S1057B1248 - 31 -
1 and valid information and required certifications. If the 2 applicant wishes to retain a hazardous materials endorsement, 3 the written test for a hazardous materials endorsement must be 4 taken and passed. 5 § 1611. Disqualification. 6 (a) Disqualification for first violation of certain 7 offenses.--Upon receipt of a certified copy of conviction, the 8 department shall, in addition to any other penalties imposed 9 under this title, disqualify any person from driving a 10 commercial motor vehicle for a period of one year for the first 11 violation of: 12 (1) section 3731(i) (relating to driving under the 13 influence of alcohol or controlled substance); 14 (2) section 3742 (relating to accidents involving death 15 or personal injury), where the violation occurred while the 16 person was driving a commercial motor vehicle; 17 (3) section 3743 (relating to accidents involving damage 18 to attended vehicle or property), where the violation 19 occurred while the person was driving a commercial motor 20 vehicle; 21 (4) section 3745 (relating to accidents involving damage 22 to unattended vehicle or property), where the violation 23 occurred while the person was driving a commercial motor 24 vehicle; 25 (5) any felony in the commission of which a court 26 determines a commercial motor vehicle was essentially 27 involved, except as described in subsection (e); or 28 (6) section 1606(b) (relating to requirement for 29 commercial driver's license), while their driving privilege 30 is suspended, revoked, canceled or recalled or while subject 19890S1057B1248 - 32 -
1 to disqualification or in violation of an out-of-service 2 order. 3 (b) Disqualification for offense while carrying hazardous 4 materials.--The department shall disqualify any person from 5 driving a commercial motor vehicle for three years if any of the 6 offenses in subsection (a) occurred while transporting a 7 hazardous material required to be placarded. 8 (c) Disqualification for two violations of certain 9 offenses.--The department shall disqualify for life any person 10 convicted of two or more violations of any of the offenses 11 specified in subsection (a), or any combination of those 12 offenses, arising from two or more separate and distinct 13 incidents. Only offenses committed after the effective date of 14 this chapter may be considered in applying this subsection. 15 (d) Mitigation of disqualification for life.--The department 16 may issue regulations establishing guidelines, including 17 conditions, under which a disqualification for life under 18 subsection (b) may be reduced to a period of not less than ten 19 years, if such reductions are permitted by Federal regulations. 20 (e) Disqualification for controlled substance offenses.--The 21 department shall disqualify any person from driving a commercial 22 motor vehicle for life who is convicted of using a commercial 23 motor vehicle in the commission of any felony involving the 24 manufacture, distribution or dispensing of a controlled 25 substance, or possession with intent to manufacture, distribute 26 or dispense a controlled substance. There shall be no exceptions 27 or reductions to this disqualification for life. 28 (f) Disqualification for failure to have CDL.--The 29 department shall disqualify any person from driving a commercial 30 motor vehicle for six months upon receiving a certified record 19890S1057B1248 - 33 -
1 of the person's conviction of violating section 1606(a), except 2 as provided in section 1606(c)(8). 3 (g) Disqualification for serious traffic offenses.--The 4 department shall disqualify any person from driving a commercial 5 motor vehicle for a period of 60 days if convicted of two 6 serious traffic violations, or 120 days if convicted of three 7 serious traffic violations, committed in a commercial motor 8 vehicle arising from separate and distinct incidents occurring 9 within a three-year period. 10 (h) Disqualification for failure to pay civil penalty.--If a 11 commercial motor vehicle licensee fails to pay a civil penalty 12 under section 1604(d)(2) (relating to notification requirements 13 for drivers), 1605(c)(2) (relating to employer responsibilities) 14 or 1606(d)(2) or (10), the department shall disqualify the 15 person from driving a commercial motor vehicle until payment is 16 made. 17 (i) Conviction in Federal court or another state.--For 18 purposes of the provisions of this section, a copy of a 19 certified record of conviction or a copy of a certified record 20 of administrative adjudication from a Federal court or another 21 state for an offense essentially similar to those offenses which 22 would result in disqualification in this section shall be 23 treated by the department as if the conviction had occurred in 24 this Commonwealth. 25 (j) Surrender of license.--Upon the disqualification of the 26 commercial driving privilege of a person, the license shall be 27 surrendered as provided in section 1540 (relating to surrender 28 of license). 29 (k) Updating driving record.--After suspending, revoking, 30 recalling or canceling a commercial driver's license, the 19890S1057B1248 - 34 -
1 department shall update its records to reflect that action. 2 After suspending, revoking, recalling or canceling a commercial 3 driving privilege issued by another state, the department shall 4 notify the licensing authority of the state which issued the 5 commercial driver's license or nonresident commercial driver's 6 license. 7 § 1612. Commercial drivers prohibited from operating with any 8 alcohol in system. 9 (a) Offense defined.--Notwithstanding any other provision of 10 this title, a person shall not drive, operate or be in physical 11 control of a commercial motor vehicle while having any alcohol 12 in his system. 13 (b) Penalty.--A person who violates subsection (a) commits a 14 summary offense and shall, upon conviction, be sentenced to pay 15 a fine of $100. A person who drives, operates or is in physical 16 control of a commercial motor vehicle while having alcohol in 17 his system or who refuses to take a test to determine his 18 alcohol content as provided by section 1613 (relating to implied 19 consent requirements for commercial motor vehicle drivers) shall 20 be placed out of service for 24 hours. 21 § 1613. Implied consent requirements for commercial motor 22 vehicle drivers. 23 (a) Implied consent.--A person who drives a commercial motor 24 vehicle in this Commonwealth is deemed to have given consent to 25 take a test or tests of the person's breath, blood or urine for 26 the purpose of determining the person's alcohol concentration or 27 the presence of other controlled substances. 28 (b) Tests ordered by police officer.--A test or tests may be 29 administered at the direction of a police officer who, after 30 stopping or detaining the commercial motor vehicle driver, has 19890S1057B1248 - 35 -
1 reasonable grounds to believe that the driver was driving a 2 commercial motor vehicle while having any alcohol in his system. 3 (c) Warning against refusal.--A person requested to submit 4 to a test as provided in subsection (a) shall be warned by the 5 police officer requesting the test that refusal to submit to the 6 test will result in the person's being disqualified from 7 operating a commercial motor vehicle under subsection (e). 8 (d) Report on test refusal.--If the person refuses testing, 9 the police officer shall submit a sworn report to the department 10 certifying that the test was requested pursuant to subsection 11 (a) and that the person refused to submit to testing. 12 (e) Disqualification for refusal.--Upon receipt of the sworn 13 report of a police officer submitted under subsection (d), the 14 department shall disqualify the driver from driving a commercial 15 motor vehicle for a period of one year. 16 (f) Appeal of disqualification.--Any holder of a commercial 17 driver's license who is disqualified under the provisions of 18 this section from driving a commercial motor vehicle shall have 19 the same right of appeal as provided for in cases of suspension. 20 § 1614. Notification of traffic convictions. 21 After receiving a report of the conviction of any holder of a 22 commercial driver's license issued by another state for 23 violation of Chapter 15, 16, 17, 31, 33 or 37 committed in a 24 commercial motor vehicle, the department shall notify the driver 25 licensing authority in the licensing state of the conviction. 26 § 1615. Authority to enter agreements. 27 The department may enter into or make agreements, 28 arrangements or declarations to carry out the provisions of this 29 chapter. 30 § 1616. Reciprocity. 19890S1057B1248 - 36 -
1 Notwithstanding any law to the contrary, a person may drive a 2 commercial motor vehicle if the person has a commercial driver's 3 license issued by any state, or any province or territory of 4 Canada in accordance with the minimum Federal standards for the 5 issuance of commercial motor vehicle drivers' licenses, if the 6 person's operating privilege is not suspended, revoked or 7 canceled and if the person is not disqualified from driving a 8 commercial motor vehicle or subject to an out-of-service order. 9 § 1617. Fees. 10 Fees relating to commercial drivers' licenses to be collected 11 by the department under this chapter shall be in addition to any 12 other fees imposed under the provisions of this title and are as 13 follows: 14 (1) The annual fee for a commercial driver's license 15 designation shall be $10. 16 (2) In addition to any other restoration fee required by 17 this title, an additional restoration fee of $50 shall be 18 assessed and collected before reinstating a commercial 19 driver's operating privilege following a suspension or 20 revocation under this title or disqualification under this 21 chapter. 22 (3) If the commercial driving privilege of a driver is 23 disqualified, a Class D license may be obtained upon payment 24 of the fees associated with obtaining a duplicate license. 25 Section 6. Section 3714 of Title 75 is amended to read: 26 § 3714. [Reckless] Careless driving. 27 Any person who drives a vehicle in careless disregard for the 28 safety of persons or property is guilty of [reckless] careless 29 driving, a summary offense. 30 Section 7. Section 3731 of Title 75 is amended by adding a 19890S1057B1248 - 37 -
1 subsection to read: 2 § 3731. Driving under influence of alcohol or controlled 3 substance. 4 * * * 5 (i) Driving a commercial motor vehicle while under the 6 influence of alcohol or controlled substance.--A person shall 7 not drive, operate or be in physical control of the movement of 8 any commercial vehicle while: 9 (1) under the influence of alcohol to a degree which 10 renders the person incapable of safely driving a commercial 11 motor vehicle; 12 (2) under the influence of any controlled substance as 13 defined in section 1603 (relating to definitions) to a degree 14 which renders the person incapable of safely driving a 15 commercial motor vehicle; 16 (3) under the combined influence of alcohol and any 17 controlled substance to a degree which renders the person 18 incapable of safely driving a commercial motor vehicle; or 19 (4) the amount of alcohol by weight in the person's 20 blood is 0.04% or more. 21 Section 8. Title 75 is amended by adding a section to read: 22 § 3736. Reckless driving. 23 (a) General rule.--Any person who drives any vehicle in 24 willful or wanton disregard for the safety of persons or 25 property is guilty of reckless driving. 26 (b) Penalty.--Any person who violates this section commits a 27 summary offense and shall, upon conviction, be sentenced to pay 28 a fine of $200. 29 Section 9. Section 6146 of Title 75 is amended to read: 30 § 6146. Enforcement agreements. 19890S1057B1248 - 38 -
1 The secretary may enter into agreements relating to 2 enforcement of this title, including, but not limited to[,]: 3 (1) agreements to notify any state of violations 4 incurred by residents of that state[,]; 5 (2) agreements to suspend or revoke the operating 6 privilege of Pennsylvania licensed drivers who are convicted 7 in Federal Court or in another state of any offense 8 essentially similar to those enumerated in [Subchapter B of 9 Chapter 37 (relating to serious traffic offenses) and] 10 section 1532(a) and (b) (relating to suspension or revocation 11 of operating privilege); 12 (3) agreements to disqualify the commercial driving 13 privilege of Pennsylvania-licensed drivers convicted in 14 Federal Court or in another state of offenses essentially 15 similar to those resulting in disqualification under section 16 1611 (relating to disqualification); 17 (4) agreements to establish procedures for the seizure 18 of suspended, revoked or disqualified drivers' licenses of 19 residents of other states; and 20 (5) agreements to take measures to assure taking of 21 chemical tests of breath, blood or urine and payment of fines 22 or attendance at hearings by persons charged with these or 23 other violations. 24 Section 10. Section 6323(2) of Title 75 is amended and the 25 section is amended by adding a paragraph to read: 26 § 6323. Reports by courts. 27 Subject to any inconsistent procedures and standards relating 28 to reports and transmission of funds prescribed pursuant to 29 Title 42 (relating to judiciary and judicial procedure): 30 * * * 19890S1057B1248 - 39 -
1 (2) A record of the judgment shall also be forwarded to 2 the department upon conviction or acquittal of a person of a 3 felony, a misdemeanor of the first degree or a misdemeanor of 4 the second degree in the commission of which the judge 5 determines that a motor vehicle was essentially involved. 6 * * * 7 (4) The record of judgment required to be sent to the 8 department by subsections (1) and (2) shall indicate if the 9 vehicle driven by the person was a commercial motor vehicle. 10 Section 11. Section 6501(a) of Title 75 is amended and the 11 section is amended by adding a subsection to read: 12 § 6501. Definition of conviction. 13 (a) General rule.--For the purposes of this title, a 14 conviction includes a plea of guilty, a plea of nolo contendere, 15 a finding of guilty by a court or administrative proceeding, an 16 adjudication of delinquency by a court or an unvacated 17 forfeiture of bail or collateral deposited to secure a 18 defendant's appearance in court. 19 * * * 20 (c) Certified record of convictions.--For the purpose of 21 this title, a certified record of conviction includes a 22 certified record of conviction from any Federal or state court 23 and a certified record of administrative adjudication from any 24 state. These records or copies of these records shall be 25 admissible in any court of law without any need for further 26 documentation. 27 Section 12. (a) For purposes of 75 Pa.C.S. § 1606(a) 28 (relating to requirement for commercial driver's license), a 29 driver with a valid driver's license endorsed with Class 2, 3 or 30 4 shall be considered a commercial driver until such time as 19890S1057B1248 - 40 -
1 established by regulation. 2 (b) The Department of Transportation shall require 3 applicants with valid Class 2, 3 or 4 learners' permits issued 4 prior to the effective date of this act to take the examinations 5 required by this act. 6 (c) The department shall send to a driver holding a valid 7 Class 2, 3 or 4 license issued by the department which expires 8 before April 1, 1992, an application for a commercial driver's 9 license with his license renewal so that he may obtain a 10 commercial driver's license under this act upon successfully 11 meeting the requirements of 75 Pa.C.S. § 1607 (relating to 12 commercial driver's license qualification standards) and payment 13 of the required fees. 14 (d) The department shall send to a driver holding a valid 15 Class 2, 3 or 4 driver's license issued by the department which 16 expires after April 1, 1992, an application for a commercial 17 driver's license which shall indicate that his Class 2, 3 or 4 18 license shall expire on a date established by the department. 19 Upon meeting the requirements of section 1607 and payment of the 20 appropriate fees, the driver shall be issued a commercial 21 driver's license. 22 (e) A driver with a valid Class 2, 3 or 4 license issued by 23 the department, who for the third time fails either of the tests 24 required for Class A, B or C under section 1607, must make an 25 application for a commercial learner's permit in order to obtain 26 a commercial driver's license. If a driver has not passed the 27 Class A, B or C test by the expiration date established by the 28 department, his Class 2, 3 or 4 license will no longer be valid 29 and a Class D license will be issued. 30 (f) A driver holding a valid Class 1 driver's license issued 19890S1057B1248 - 41 -
1 by the department which expires after April 1, 1992, shall be 2 considered to be a Class D driver until expiration of the 3 license. 4 Section 13. For the purpose of implementing the skill test 5 requirements for all new commercial driver applicants and 6 current drivers with a Class 2, 3 or 4 license, the Department 7 of Transportation shall initiate a testing program, which meets 8 Federal minimum standards for commercial driver testing, on 9 November 7, 1989. 10 Section 14. This act shall take effect as follows: 11 (1) Section 5 (sections 1604(d), 1605(c), 1606(c) and 12 (d), 1611, 1612 and 1613) shall take effect April 1, 1992. 13 (2) Section 5 (section 1610(c)) shall take effect when 14 the Department of Transportation has access to the Commercial 15 Driver's License Information System, but no later than April 16 1, 1992. 17 (3) The remainder of this act shall take effect November 18 1, 1990. E18L75VDL/19890S1057B1248 - 42 -