PRINTER'S NO. 1692
No. 1283 Session of 2002
INTRODUCED BY GREENLEAF, HOLL, KUKOVICH AND LEMMOND,
JANUARY 31, 2002
REFERRED TO TRANSPORTATION, JANUARY 31, 2002
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 is amended to read:
7 § 1541. Period of revocation or suspension of operating
8 privilege.
9 (a) Commencement of period.--
10 (1) The period of disqualification, revocation or
11 suspension of the operating privilege or the disqualification
12 of the commercial operating privilege shall commence as
13 provided for in section 1540 (relating to surrender of
14 license). [No] Except as provided for in paragraph (2), no
15 credit toward the revocation, suspension or disqualification
16 shall be earned until the driver's license is surrendered to
17 the department, the court or the district attorney, as the
1 case 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11 be rescinded if it is later determined that the driver was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 driver, including a driver whose license has expired, shall
15 submit an acknowledgment of suspension or revocation to the
16 department in lieu of a driver's license, except for the
17 suspension of the operating privilege of an unlicensed driver
18 under 16 years of age, in which case the suspension shall
19 commence automatically upon the individual's 16th birthday
20 for the specified period if an acknowledgment is received any
21 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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