PRIOR PRINTER'S NO. 1248 PRINTER'S NO. 1622
No. 1057 Session of 1989
INTRODUCED BY CORMAN AND STOUT, JUNE 19, 1989
SENATOR CORMAN, TRANSPORTATION, AS AMENDED, OCTOBER 17, 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
19890S1057B1622 - 2 -
1 school bus.
2 * * *
3 "Passenger car." A motor vehicle, except a motorcycle,
4 designed for carrying [ten] no more than 15 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 AND used to carry 11 passengers or <--
12 more, including the driver; and
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
19890S1057B1622 - 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 A <--
9 nonresident who holds a nonresident commercial driver's license
10 issued BY THE COMMONWEALTH under Chapter 16 (relating to <--
11 commercial drivers) SHALL BE PERMITTED TO HAVE A REGULAR <--
12 DRIVER'S LICENSE ISSUED BY THE COUNTRY OF HIS RESIDENCE.
13 * * *
14 § 1502. Persons exempt from licensing.
15 The following persons are not required to obtain a driver's
16 license under this chapter:
17 (1) Any employee of the Federal Government while
18 operating a motor vehicle owned by or leased to the Federal
19 Government and being operated on official business unless the
20 employee is required by the Federal Government or any agency
21 thereof to have a state driver's license. This exemption
22 shall not apply to the operation of commercial motor
23 vehicles, as defined in Chapter 16 (relating to commercial
24 drivers).
25 * * *
26 Section 3. Section 1504(d) of Title 75 is amended and the
27 section is amended by adding a subsection to read:
28 § 1504. Classes of licenses.
29 * * *
30 (d) Number and description of classes.--Licenses issued by
19890S1057B1622 - 4 -
1 the department shall be classified in the following manner:
2 [(1) Class 1.--A Class 1 license shall be issued to
3 those persons who have demonstrated their qualifications to
4 operate a single vehicle not in excess of 30,000 pounds
5 registered gross weight or any such vehicle towing a trailer
6 not in excess of 10,000 pounds gross weight. Any fireman who
7 is the holder of a Class 1 license and who has a certificate
8 of authorization from his fire chief shall be authorized to
9 operate any vehicle registered to the fire department
10 regardless of the other requirements of this section as to
11 the class of license required. The holder of a Class 1
12 license shall also be authorized to drive a motorized
13 pedalcycle or a three-wheeled motorcycle equipped with an
14 enclosed cab. The holder of a Class 1 license shall not be
15 deemed qualified to operate buses, school buses or
16 motorcycles unless the license is endorsed as provided in
17 this section.
18 (2) Class 2.--A Class 2 license shall be issued to those
19 persons over 18 years of age who have demonstrated their
20 qualifications to operate a single vehicle of over 30,000
21 pounds registered gross weight or any bus or any such vehicle
22 towing a trailer not in excess of 10,000 pounds gross weight.
23 The holder of a Class 2 license shall be deemed qualified to
24 operate those vehicles for which a Class 1 license is issued,
25 but not school buses or motorcycles unless the license is
26 endorsed as provided in this section.
27 (3) Class 3.--A Class 3 license shall be issued to those
28 persons over 18 years of age who have demonstrated their
29 qualifications to operate a vehicle while in combination with
30 or towing a trailer in excess of 10,000 pounds gross weight.
19890S1057B1622 - 5 -
1 The holder of a Class 3 license shall be deemed qualified to
2 operate those vehicles for which a Class 1 or Class 2 license
3 is issued, but not school buses or motorcycles unless the
4 license is endorsed as provided in this section.
5 (4) Class 4.--Persons who have qualified to operate
6 school buses in accordance with this title and the rules and
7 regulations promulgated and adopted by the department shall
8 have the qualification endorsed on the license on the license
9 as provided in this section.
10 (5) Class 5.--Those persons who have demonstrated their
11 qualifications to operate a motorcycle, shall have that
12 qualification endorsed on one of the basic classes of license
13 described in this section. If a person is qualified only to
14 operate a motorcycle he shall be issued a license with only
15 that qualification endorsed on the license.
16 (6) Class 6.--Those persons who have demonstrated their
17 qualifications to operate a motor-driven cycle or motorized
18 pedalcycle shall have that qualification endorsed on one of
19 the basic classes of license described in this section. If a
20 person is qualified only to operate a motor-driven cycle or
21 motorized pedalcycle he shall be issued a license with only
22 that qualification endorsed on the license.]
23 (1) Class A.--A Class A license shall be issued to those
24 persons 21 18 years of age or older who have demonstrated <--
25 their qualifications to operate any combination of vehicles
26 with a gross vehicle weight rating of 26,001 pounds or more,
27 provided the gross vehicle weight rating of the vehicle or
28 vehicles being towed is in excess of 10,000 pounds, OR ANY <--
29 COMBINATION OF VEHICLES WITH A GROSS COMBINATION VEHICLE
30 WEIGHT RATING OF NOT MORE THAN 26,000 POUNDS, PROVIDED THE
19890S1057B1622 - 6 -
1 GROSS VEHICLE WEIGHT RATING OF THE VEHICLE OR VEHICLES BEING
2 TOWED IS IN EXCESS OF 10,000 POUNDS, IN WHICH CASE THE
3 LICENSE WILL BE RESTRICTED TO SUCH COMBINATIONS.
4 (i) The holder of a Class A license shall be deemed
5 qualified to operate those vehicles for which a Class B, <--
6 Class C or Class D OR CLASS C license is issued. <--
7 (ii) Where required under this title, appropriate
8 endorsements must be obtained.
9 (iii) A Class A license is a commercial driver's <--
10 license as defined in this title.
11 (2) Class B.--A Class B license shall be issued to those
12 persons 21 18 years of age or older who have demonstrated <--
13 their qualifications to operate any single vehicle with a
14 gross vehicle weight rating of 26,001 pounds or more, or any <--
15 bus or school bus designed to transport 26 or more
16 passengers, including the driver, or any such vehicle towing
17 a vehicle having a gross vehicle weight rating of not more
18 than 10,000 pounds.
19 (i) The holder of a Class B license shall be deemed
20 qualified to operate those vehicles for which a Class C
21 or Class D license is issued. <--
22 (ii) Where required under this title, appropriate
23 endorsements must be obtained.
24 (iii) A Class B license is a commercial driver's <--
25 license as defined in this title.
26 (3) Class C.--A Class C license shall be issued to those
27 persons 21 years of age or older 18 YEARS OF AGE OR OLDER, <--
28 EXCEPT AS PROVIDED IN SECTION 1503 (RELATING TO PERSONS
29 INELIGIBLE FOR LICENSING), who have demonstrated their
30 qualifications to operate any single vehicle with a gross
19890S1057B1622 - 7 -
1 vehicle weight rating of not more than 26,000 pounds or any
2 such vehicle towing a vehicle with a gross vehicle weight
3 rating of not more than 10,000 pounds. or any bus or school <--
4 bus designed to transport not more than 25 passengers,
5 including the driver.
6 (i) The holder of a Class C license shall be deemed
7 qualified to operate those vehicles for which a Class D
8 license is issued.
9 (ii) (I) Where required under this title, <--
10 appropriate endorsements must be obtained.
11 (iii) A Class C license is a commercial driver's <--
12 license, as defined in this title.
13 (4) Class D.--A Class D license shall be issued to those
14 persons who have demonstrated their qualifications to operate
15 any single vehicle, other than a bus, with a gross vehicle
16 weight rating not in excess of 26,000 pounds or any such
17 vehicle towing a vehicle with a gross vehicle weight rating
18 not in excess of 10,000 pounds.
19 (i) Any fireman who is the holder of a Class D (II) <--
20 ANY FIREFIGHTER WHO IS A HOLDER OF A CLASS C license and
21 who has a certificate of authorization from his fire
22 chief shall be authorized to operate any fire or
23 emergency vehicle registered to the fire department,
24 regardless of the other requirements of this section as
25 to the class of license required.
26 (ii) (III) The holder of a Class D C license shall <--
27 also be authorized to drive a motorized pedalcycle or a
28 three-wheeled motorcycle equipped with an enclosed cab,
29 but not a motorcycle unless the license is endorsed, as
30 provided in this title.
19890S1057B1622 - 8 -
1 (5) (4) Class M.--A Class M license shall be issued to <--
2 those persons who have demonstrated their qualifications to
3 operate a motorcycle or motor-driven cycle. If a person is
4 qualified to operate only a motorcycle or motor-driven cycle,
5 he shall be issued a Class M license only.
6 (d.1) Special provisions for current Class 2, 3 or 4 <--
7 drivers.--Any person who holds a valid Class 2, 3 or 4 license,
8 but is under 21 years of age on the effective date of this
9 section, shall be treated as if he is 21 years of age for
10 purposes of applying for and obtaining a commercial driver's
11 license.
12 * * *
13 Section 4. The heading and subsection (a) of section 1509
14 and sections 1510(a), 1532(b)(1), 1535(a), 1540(b) and (c),
15 1547(d), 1550, 1571(a)(1) and (4) and 1573 of Title 75 are
16 amended to read:
17 § 1509. Qualifications for [Class 4 license] school bus driver
18 endorsement.
19 (a) School bus driver requirements.--No person shall be
20 issued [a Class 4 license] an endorsement to operate a school
21 bus unless the person:
22 (1) has successfully completed a course of instruction
23 as provided in subsection (c);
24 (2) has satisfactorily passed an annual physical
25 examination to be given by the physician for the school
26 district by which the person is employed[; and], IN <--
27 ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED AND ADOPTED
28 BY THE DEPARTMENT;
29 (3) is [18] 21 years of age or older[.]; AND <--
30 (4) IS QUALIFIED TO OPERATE SCHOOL BUSES IN ACCORDANCE
19890S1057B1622 - 9 -
1 WITH THIS TITLE AND THE RULES AND REGULATIONS PROMULGATED AND
2 ADOPTED BY THE DEPARTMENT.
3 * * *
4 § 1510. Issuance and content of driver's license.
5 (a) General rule.--The department shall, upon payment of the
6 required fee, issue to every qualified applicant a driver's
7 license indicating the type or general class of vehicles the
8 licensee is authorized to drive and any endorsements or
9 restrictions, which license shall contain a distinguishing
10 number assigned by the department to the licensee, the [social
11 security] Social Security number of the licensee, the actual
12 name, date of birth, residence address, a color photograph or
13 photographic facsimile of the licensee, such other information
14 as may be required by the department, and either a facsimile of
15 the signature of the licensee or a space upon which the licensee
16 shall write his usual signature with pen and ink. Personal
17 medical data and other information for use in an emergency may
18 be included as a part of the license. Information other than
19 that required to identify the licensee, the distinguishing
20 number and the class of license issued may be included in
21 microdata form. No driver's license shall be valid until it has
22 been signed by the licensee.
23 * * *
24 § 1532. Revocation or suspension of operating privilege.
25 * * *
26 (b) Suspension.--
27 (1) The department shall suspend the operating privilege
28 of any driver for six months upon receiving a certified
29 record of the driver's conviction of any offense under the
30 following provisions:
19890S1057B1622 - 10 -
1 Section 3367 (relating to racing on highways).
2 Section 3733 (relating to fleeing or attempting to
3 elude police officer).
4 Section 3734 (relating to driving without lights to
5 avoid identification or arrest).
6 Section 3736 (relating to reckless driving).
7 Section 3743 (relating to accidents involving damage
8 to attended vehicle or property).
9 * * *
10 § 1535. Schedule of convictions and points.
11 (a) General rule.--A point system for driver education and
12 control is hereby established which is related to other
13 provisions for use, suspension and revocation of the operating
14 privilege as specified under this title. Every driver licensed
15 in this Commonwealth who is convicted of any of the following
16 offenses shall be assessed points as of the date of violation in
17 accordance with the following schedule:
18 Section Number Offense Points
19 1512 Violation of restriction on
20 driver's license. 2
21 1571 Violation concerning license. 3
22 3102 Failure to obey policeman or
23 authorized person. 2
24 3112(a)(3)(i) Failure to stop for a red light. 3
25 3114(a)(1) Failure to stop for a flashing
26 red light. 3
27 3302 Failure to yield half of roadway
28 to oncoming vehicle. 3
29 3303 Improper passing. 3
30 3304 Other improper passing. 3
19890S1057B1622 - 11 -
1 3305 Other improper passing. 3
2 3306(a)(1) Other improper passing. 4
3 3306(a)(2) Other improper passing. 3
4 3306(a)(3) Other improper passing. 3
5 3307 Other improper passing. 3
6 3310 Following too closely. 3
7 3321 Failure to yield to driver on the
8 right at intersection. 3
9 3322 Failure to yield to oncoming
10 driver when making left turn. 3
11 3323(b) Failure to stop for stop sign. 3
12 3323(c) Failure to yield at yield sign. 3
13 3324 Failure to yield when entering or
14 crossing roadway between inter-
15 sections. 3
16 3332 Improper turning around. 3
17 3341 Failure to stop for flashing red
18 lights or gate at railroad
19 crossing. 3
20 3344 Failure to stop when entering from
21 alley, driveway or building. 3
22 3345(a) Failure to stop for school bus
23 with flashing red lights. 5
24 (and 60 days suspension)
25 3361 Driving too fast for conditions. 2
26 3362 Exceeding maximum speed.--Over Limit:
27 6-10 2
28 11-15 3
29 16-25 4
30 26-30 5
19890S1057B1622 - 12 -
1 31-over 5
2 (and departmental hearing
3 and sanctions provided
4 under section 1538(d))
5 3365(b) Exceeding special speed limit
6 in school zone. 3
7 3365(c) Exceeding special speed limit
8 for trucks on downgrades. 3
9 3542(a) Failure to yield to pedestrian in
10 crosswalk. 2
11 3547 Failure to yield to pedestrian on
12 sidewalk. 3
13 3549(a) Failure to yield to blind
14 pedestrian. 3
15 3702 Improper backing. 3
16 3714 [Reckless] Careless driving. 3
17 3745 Leaving scene of accident
18 involving property damage only. 4
19 * * *
20 § 1540. Surrender of license.
21 * * *
22 (b) Suspension [or], revocation or disqualification of
23 operating privilege.--Upon the suspension or revocation of the
24 operating privilege or the disqualification of the commercial
25 operating privilege of any person by the department, the
26 department shall forthwith notify the person in writing at the
27 address of record to surrender his driver's license to the
28 department for the term of suspension [or], revocation or
29 disqualification. The suspension [or], revocation or
30 disqualification shall be effective upon a date determined by
19890S1057B1622 - 13 -
1 the department or the date of surrender of the license to the
2 department if that date is subsequent to the department's notice
3 to surrender the license, whichever occurs first. Upon surrender
4 of the license, the department shall issue a receipt showing the
5 date that it received the license.
6 (c) Seizure of revoked [and], suspended, canceled or
7 disqualified licenses.--The department may delegate authority to
8 any authorized [department] Commonwealth employee, member of the
9 Pennsylvania State Police or local police officer to seize the
10 driver's license of any person when the operating privilege of
11 that person has been revoked [or], suspended, canceled or
12 disqualified and his driver's license has been ordered to be
13 surrendered by a court or district attorney or by the
14 department. The department shall, by regulation, prescribe the
15 manner of selecting the Commonwealth employees and [State and]
16 local police officers to seize the drivers' licenses.
17 § 1547. Chemical testing to determine amount of alcohol or
18 controlled substance.
19 * * *
20 (d) Presumptions from amount of alcohol.--If chemical
21 testing of a person's breath, blood or urine shows:
22 (1) That the amount of alcohol by weight in the blood of
23 the person tested is 0.05% or less, it shall be presumed that
24 the person tested was not under influence of alcohol and the
25 person shall not be charged with any violation under section
26 3731(a)(1) or (4) (relating to driving under influence of
27 alcohol or controlled substance), or, if the person was so
28 charged prior to the test, the charge shall be void ab
29 initio. This fact shall not give rise to any presumption
30 concerning a violation of section 3731(a)(2) or (3) or (i).
19890S1057B1622 - 14 -
1 (2) That the amount of alcohol by weight in the blood of
2 the person tested is in excess of 0.05% but less than 0.10%,
3 this fact shall not give rise to any presumption that the
4 person tested was or was not under the influence of alcohol,
5 but this fact may be considered with other competent evidence
6 in determining whether the person was or was not under the
7 influence of alcohol. This provision shall not negate the
8 provisions of section 3731(i).
9 (3) That the amount of alcohol by weight in the blood of
10 the person tested is 0.10% or more, this fact may be
11 introduced into evidence if the person is charged with
12 violating section 3731.
13 * * *
14 § 1550. Judicial review.
15 (a) General rule.--Any person denied a driver's license or
16 whose operating privilege has been recalled, canceled, suspended
17 [or], revoked or disqualified by the department shall have the
18 right to appeal to the court vested with jurisdiction of such
19 appeals by or pursuant to Title 42 (relating to judiciary and
20 judicial procedure).
21 (b) Supersedeas.--[The]
22 (1) In the case of a recall, suspension, cancellation or
23 revocation, the filing of the petition shall operate as a
24 supersedeas, and no recall, suspension, cancellation or
25 revocation shall be imposed against such person until final
26 determination of the matter.
27 (2) In the case of a disqualification of the commercial
28 operating privilege, the driver may petition to the court of
29 common pleas of his county of residence, which court may <--
30 grant a supersedeas ex parte upon a showing of reasonable
19890S1057B1622 - 15 -
1 likelihood of successful prosecution of the appeal.
2 (c) Proceedings of court.--The court shall set the matter
3 for hearing upon 30 days written notice to the department and
4 determine whether the petitioner is in fact the person whose
5 operating privilege is subject to the recall, suspension,
6 cancellation [or], revocation or disqualification.
7 § 1571. Violations concerning licenses.
8 (a) Offenses defined.--It is unlawful for any person:
9 (1) To exhibit or cause or permit to be exhibited or
10 have in possession any recalled, canceled, suspended,
11 revoked, disqualified, fictitious or fraudulently altered
12 driver's license.
13 * * *
14 (4) To fail or refuse to surrender to the department
15 upon lawful demand a recalled, canceled, suspended, revoked,
16 disqualified, fictitious or fraudulently altered driver's
17 license.
18 * * *
19 § 1573. [Driving under] Displaying a foreign license during
20 suspension or revocation.
21 [Any] (a) Offense defined.--It is unlawful for any resident
22 or nonresident whose operating privilege to drive a motor
23 vehicle in this Commonwealth has been recalled, canceled,
24 suspended [or], revoked or disqualified as provided in this
25 title shall not [drive a motor vehicle in this Commonwealth
26 under] display a license or permit issued by any other
27 jurisdiction or otherwise during the suspension or after the
28 recall, cancellation [or], revocation or disqualification until
29 [a new driver's license is obtained when and as permitted under
30 this chapter] the individual's operating privilege has been
19890S1057B1622 - 16 -
1 restored by the department.
2 (B) DISPLAY OF REGULAR LICENSE.-- <--
3 (1) A RESIDENT OF THIS COMMONWEALTH WHO HOLDS A
4 COMMERCIAL DRIVER'S LICENSE ISSUED BY THE COMMONWEALTH UNDER
5 CHAPTER 16 (RELATING TO COMMERCIAL DRIVERS) SHALL BE
6 PERMITTED TO DISPLAY A REGULAR DRIVER'S LICENSE ISSUED BY THE
7 DEPARTMENT IN THE EVENT THAT THE RESIDENT'S COMMERCIAL
8 DRIVER'S LICENSE IS DISQUALIFIED.
9 (2) A NONRESIDENT WHO HOLDS A COMMERCIAL DRIVER'S
10 LICENSE ISSUED BY A STATE OTHER THAN THIS COMMONWEALTH SHALL
11 BE PERMITTED TO DISPLAY A REGULAR DRIVER'S LICENSE ISSUED BY
12 THAT PERSON'S STATE OF RESIDENCE IN THE EVENT THAT THE
13 NONRESIDENT'S COMMERCIAL DRIVER'S LICENSE IS DISQUALIFIED.
14 (3) A NONRESIDENT WHO HOLDS A NONRESIDENT COMMERCIAL
15 DRIVER'S LICENSE ISSUED BY THIS COMMONWEALTH UNDER CHAPTER 16
16 SHALL BE PERMITTED TO DISPLAY A REGULAR DRIVER'S LICENSE
17 ISSUED BY THE NONRESIDENT'S COUNTRY IN THE EVENT THAT THE
18 PERSON'S NONRESIDENT COMMERCIAL DRIVER'S LICENSE IS
19 DISQUALIFIED.
20 (b) (C) Penalty.--Any person violating the provisions of <--
21 this section commits a summary offense and shall, upon
22 conviction, be sentenced to pay a fine of $100 $200. This <--
23 penalty shall be in addition to any other penalties imposed
24 under this title.
25 Section 5. Title 75 is amended by adding a chapter to read:
26 CHAPTER 16
27 COMMERCIAL DRIVERS
28 Sec.
29 1601. Short title of chapter.
30 1602. Purpose and construction of chapter.
19890S1057B1622 - 17 -
1 1603. Definitions.
2 1604. Notification requirements for drivers.
3 1605. Employer responsibilities.
4 1606. Requirement for commercial driver's license.
5 1607. Commercial driver's license qualification standards.
6 1608. Nonresident CDL.
7 1609. Application for commercial driver's license.
8 1610. Commercial driver's license.
9 1611. Disqualification.
10 1612. Commercial drivers prohibited from operating with any
11 alcohol in system.
12 1613. Implied consent requirements for commercial motor vehicle
13 drivers.
14 1614. Notification of traffic convictions.
15 1615. Authority to enter agreements.
16 1616. Reciprocity.
17 1617. Fees.
18 1618. FINES EXEMPT FROM JUDICIAL COMPUTER ACCOUNT. <--
19 § 1601. Short title of chapter.
20 This chapter shall be known and may be cited as the Uniform
21 Commercial Driver's License Act.
22 § 1602. Purpose and construction of chapter.
23 (a) Purpose.--The purpose of this chapter is to implement
24 the Commercial Motor Vehicle Safety Act of 1986 (Public Law 99-
25 570, 49 U.S.C. app. § 2701 et seq.) and reduce or prevent
26 commercial motor vehicle accidents, fatalities and injuries by:
27 (1) Permitting commercial drivers to hold only one
28 driver's license.
29 (2) Disqualifying commercial drivers who have committed
30 certain serious traffic violations, or other specified
19890S1057B1622 - 18 -
1 offenses.
2 (3) Strengthening licensing and testing standards.
3 (b) Construction.--This chapter is a remedial law and shall
4 be liberally construed to promote the public health, safety and
5 welfare. To the extent that this chapter conflicts with other
6 driver licensing provisions, this chapter prevails. Where this
7 chapter is silent, the general driver licensing provisions
8 apply.
9 § 1603. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Commercial driver's license" or "CDL." A DRIVER'S license <--
14 issued in accordance with the requirements of this chapter
15 authorizing an individual A PERSON 18 YEARS OF AGE OR OLDER to <--
16 drive a class of commercial motor vehicle.
17 "Commercial Driver's License Information System" or "CDLIS."
18 The information system established pursuant to the Commercial
19 Motor Vehicle Safety Act of 1986 (Public Law 99-570, 49 U.S.C.
20 app. § 2701 et seq.) to serve as a clearinghouse for locating
21 information related to the licensing and identification of
22 commercial motor vehicle drivers.
23 "Commercial driver learner's permit." A permit issued
24 pursuant to section 1607(d) (relating to commercial driver's
25 license qualification standards).
26 "Commercial motor vehicle." A motor vehicle designed or used
27 to transport passengers or property:
28 (1) if the vehicle has a gross vehicle weight rating of
29 26,001 or more pounds or such lesser rating as the department
30 shall adopt under the provisions of section 6103(c) (relating
19890S1057B1622 - 19 -
1 to promulgation of rules and regulations by department), as
2 determined by Federal regulation and published by the
3 department as a notice in the Pennsylvania Bulletin; OR <--
4 (2) if the vehicle is designed to transport 16 or more
5 passengers, including the driver; or
6 (3) if the vehicle is a school bus; or
7 (4) if the vehicle is transporting hazardous materials
8 and is required to be placarded in accordance with department
9 regulations.
10 The term does not include an implement of husbandry OR ANY MOTOR <--
11 HOME OR RECREATIONAL TRAILER USED FOR TEMPORARY LIVING QUARTERS
12 AND OPERATED SOLELY FOR PERSONAL USE.
13 "Controlled substance." Any substance so defined or
14 classified under:
15 (1) The act of April 14, 1972 (P.L.233, No.64), known as
16 The Controlled Substance, Drug, Device and Cosmetic Act.
17 (2) Section 102(6) of the Controlled Substance Act
18 (Public Law 91-513 § 21 U.S.C. 802(6)).
19 (3) Schedules I through V of 21 CFR Part 1308.
20 (4) Any revisions to paragraphs (2) or (3) which are
21 published by the department as notices in the Pennsylvania
22 Bulletin.
23 "Disqualification." A prohibition against driving a
24 commercial motor vehicle.
25 "Employer." Any person, including the United States, a state
26 or a political subdivision of a state, who owns or leases a
27 commercial motor vehicle, or assigns a person to drive a
28 commercial motor vehicle.
29 "Felony." An offense under state or Federal law which is
30 punishable by death or imprisonment exceeding one year.
19890S1057B1622 - 20 -
1 "Foreign jurisdiction." Any jurisdiction other than a state
2 of the United States.
3 "Nonresident CDL." A commercial driver's license issued by a
4 state to an individual who resides in a foreign jurisdiction.
5 "Out-of-service order." A temporary prohibition against
6 driving a commercial motor vehicle.
7 "Serious traffic violation:"
8 (1) Excessive speeding as defined by the United States
9 Secretary of Transportation by regulation and published by
10 the department as a notice in the Pennsylvania Bulletin.
11 (2) Reckless driving.
12 (3) Any offense under this title relating to motor
13 vehicle traffic control arising in connection with an
14 accident resulting in death to any person.
15 (4) Any violation of section 3326 (relating to duty of
16 driver in construction and maintenance areas) or 3365(c)
17 (relating to special speed limitations).
18 (5) Any other offenses defined by the United States
19 Secretary of Transportation as serious traffic violations and
20 published by the department as a notice in the Pennsylvania
21 Bulletin.
22 "State." A state of the United States or the District of
23 Columbia.
24 "United States." The fifty states and the District of
25 Columbia.
26 § 1604. Notification requirements for drivers.
27 (a) Notification of convictions.--A driver of a commercial
28 motor vehicle holding a driver's license issued by this
29 Commonwealth who is convicted of violating a Federal or state
30 law or local ordinance relating to motor vehicle traffic control
19890S1057B1622 - 21 -
1 in this or any other state or any Federal, provincial,
2 territorial or municipal law relating to motor vehicle traffic
3 control in Canada, other than parking violations, shall notify
4 his employer, in writing, of the conviction within 30 days of
5 the date of conviction.
6 (b) Notification of suspensions, revocations, cancellations
7 and disqualifications.--Each driver OF A COMMERCIAL MOTOR <--
8 VEHICLE whose operating privilege is suspended, revoked or
9 canceled by any state, who loses the privilege to drive a
10 commercial motor vehicle in any state for any period or who is
11 disqualified from driving a commercial motor vehicle for any
12 period, shall notify his employer of that fact before the end of
13 the business day following the day the driver received notice of
14 the suspension, revocation, cancellation, loss or
15 disqualification.
16 (c) Notification of previous employment.--
17 (1) Each person who applies for employment as a
18 commercial motor vehicle driver shall provide the employer,
19 at the time of the application for employment, with the
20 following information for the ten years preceding the date of
21 application:
22 (i) A list of the names and addresses of the
23 applicant's previous employers for which the applicant
24 was a driver of a commercial motor vehicle.
25 (ii) The dates between which the applicant drove for
26 each employer.
27 (iii) The reason for leaving that employer.
28 (2) The applicant shall certify that all information
29 furnished is true and complete.
30 (3) An employer may require an applicant to provide
19890S1057B1622 - 22 -
1 additional information.
2 (d) Penalties.--
3 (1) Any person who knowingly and willfully violates any
4 provision of this section commits a summary offense and
5 shall, upon conviction, be sentenced to pay a fine not to
6 exceed $5,000 or to imprisonment not to exceed 90 days, or
7 both.
8 (2) Any person who is determined by the department, <--
9 after notice and opportunity for hearing IN ACCORDANCE WITH 1 <--
10 PA. CODE PART II (RELATING TO GENERAL RULES OF ADMINISTRATIVE
11 PRACTICE AND PROCEDURE), IS DETERMINED to have committed an
12 act which is in violation of this section shall be liable to
13 the Commonwealth for a civil penalty not to exceed $2,500 for
14 each offense.
15 (3) Any person having a civil penalty imposed by the
16 department under this section shall have the right to appeal
17 to the Commonwealth Court pursuant to Title 42 (relating to <--
18 judiciary and judicial procedure). 2 PA.C.S. CH. 7 SUBCH. A <--
19 (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
20 § 1605. Employer responsibilities.
21 (a) Requirements.--Each employer shall require the applicant
22 to provide the information specified in section 1604(c)
23 (relating to notification requirements for drivers). Each
24 employer shall inform the applicant that the information he
25 provides in accordance with section 1604(c) may be used, and the
26 applicant's previous employers may be contacted for the purpose
27 of investigating the applicant's work history.
28 (b) Prohibitions.--No employer shall knowingly allow,
29 require, permit or authorize a driver to drive a commercial
30 motor vehicle during any period:
19890S1057B1622 - 23 -
1 (1) in which:
2 (i) the driver's license was suspended, revoked or
3 canceled by a state;
4 (ii) the driver has lost the privilege to drive a
5 commercial motor vehicle in a state; or
6 (iii) the driver has been disqualified from driving
7 a commercial motor vehicle; or
8 (2) in which the driver has more than one driver's
9 license.
10 (c) Penalties.--
11 (1) Any person who knowingly and willfully violates any
12 provision of this section commits a summary offense and
13 shall, upon conviction, be sentenced to pay a fine not to
14 exceed $5,000 or to imprisonment not to exceed 90 days, or
15 both.
16 (2) Any person who is determined by the department, <--
17 after notice and opportunity for hearing IN ACCORDANCE WITH 1 <--
18 PA. CODE PART II (RELATING TO GENERAL RULES OF ADMINISTRATIVE
19 PRACTICE AND PROCEDURE), IS DETERMINED to have committed an
20 act which is in violation of this section shall be liable to
21 the Commonwealth for a civil penalty not to exceed $2,500 for
22 each offense.
23 (3) Any person against whom a civil penalty is imposed
24 by the department under this section shall have the right to
25 appeal to the Commonwealth Court pursuant to Title 42 <--
26 (relating to judiciary and judicial procedure). 2 PA.C.S. CH. <--
27 7 SUBCH. A (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH
28 AGENCY ACTION).
29 § 1606. Requirement for commercial driver's license.
30 (a) When required.--No person, except those specifically
19890S1057B1622 - 24 -
1 exempted in subsection (b), shall drive a commercial motor
2 vehicle unless the person has been issued and is in immediate
3 possession of a valid commercial driver's license and applicable
4 endorsements valid for the vehicle he is driving.
5 (b) Exemptions.--The following persons are not required to
6 obtain a commercial driver's license in order to drive the
7 commercial motor vehicle specified:
8 (1) A person with a commercial driver learner's permit
9 who is accompanied by the holder of a commercial driver's
10 license valid for the vehicle being driven.
11 (2) A person in the service of the Armed Forces of the
12 United States, including members of the Reserves and National
13 Guard on active duty; personnel on full-time National Guard
14 duty; and personnel on inactive National Guard duty training
15 or part-time National Guard training and National Guard
16 military technicians who are required to wear military
17 uniforms and are subject to the Uniform Code of Military
18 Justice when operating equipment owned or operated by the
19 Department of Defense.
20 (3) A person who is a volunteer or paid fireman <--
21 FIREFIGHTER with a Class D license and who has a certificate <--
22 of authorization from his fire chief while operating a fire
23 or emergency vehicle registered to the fire department.
24 (4) A farmer operating a farm vehicle A DRIVER WITH A <--
25 NONCOMMERCIAL CLASS C LICENSE OPERATING A FARM VEHICLE WHICH
26 IS CONTROLLED AND OPERATED BY A FARMER used exclusively to
27 transport agricultural products, farm machinery or farm
28 supplies to or from a farm owned or operated by the owner of
29 the farm vehicle. The farm vehicle may not be used in the
30 operations of a common or contract carrier and may be used
19890S1057B1622 - 25 -
1 only within a radius of 25 150 miles of the farm. <--
2 (c) Prohibitions.--
3 (1) No person shall drive a commercial motor vehicle
4 while their operating privilege is suspended, revoked, <--
5 canceled or recalled; while subject to a disqualification; or
6 in violation of an out-of-service order. DURING ANY PERIOD IN <--
7 WHICH:
8 (I) HIS PRIVILEGE TO DRIVE A COMMERCIAL MOTOR
9 VEHICLE IN A STATE HAS BEEN REMOVED FOR ANY REASON,
10 INCLUDING DISQUALIFICATION AND UNTIL THE PERSON'S
11 COMMERCIAL OPERATING PRIVILEGE HAS BEEN RESTORED;
12 (II) HIS OPERATING PRIVILEGE IS SUSPENDED, REVOKED
13 CANCELED OR RECALLED, WHILE SUBJECT TO A
14 DISQUALIFICATION, AND UNTIL THE PERSON'S OPERATING
15 PRIVILEGE HAS BEEN RESTORED; OR
16 (III) HE HAS BEEN PLACED UNDER AN OUT-OF-SERVICE
17 ORDER.
18 (2) No person who operates a commercial motor vehicle
19 shall at any time have more than one COMMERCIAL driver's <--
20 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.
19890S1057B1622 - 26 -
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).
19890S1057B1622 - 27 -
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.
19890S1057B1622 - 28 -
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.
19890S1057B1622 - 29 -
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
19890S1057B1622 - 30 -
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.
19890S1057B1622 - 31 -
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
19890S1057B1622 - 32 -
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 L - 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
19890S1057B1622 - 33 -
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) 1606(C) (relating to requirement for <--
29 commercial driver's license), while their driving privilege
30 is suspended, revoked, canceled or recalled or while subject
19890S1057B1622 - 34 -
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
19890S1057B1622 - 35 -
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
19890S1057B1622 - 36 -
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
19890S1057B1622 - 37 -
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.
19890S1057B1622 - 38 -
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 C NONCOMMERCIAL OR CLASS M <--
24 LICENSE, IF THE DRIVER POSSESSES THE MOTORCYCLE
25 QUALIFICATION, may be obtained upon payment of the fees
26 associated with obtaining a duplicate license.
27 § 1618. FINES EXEMPT FROM JUDICIAL COMPUTER ACCOUNT. <--
28 ALL FINES AND PENALTIES IMPOSED BY THIS CHAPTER SHALL BE
29 DEPOSITED INTO THE MOTOR LICENSE FUND AND SHALL NOT BE SUBJECT
30 TO THE PROVISIONS OF 42 PA.C.S. § 3733 (RELATING TO DEPOSITS
19890S1057B1622 - 39 -
1 INTO ACCOUNT).
2 Section 6. Section 3714 of Title 75 is amended to read:
3 § 3714. [Reckless] Careless driving.
4 Any person who drives a vehicle in careless disregard for the
5 safety of persons or property is guilty of [reckless] careless
6 driving, a summary offense.
7 Section 7. Section 3731 of Title 75 is amended by adding a
8 subsection to read:
9 § 3731. Driving under influence of alcohol or controlled
10 substance.
11 * * *
12 (i) Driving a commercial motor vehicle while under the
13 influence of alcohol or controlled substance.--A person shall
14 not drive, operate or be in physical control of the movement of
15 any commercial vehicle while:
16 (1) under the influence of alcohol to a degree which <--
17 renders the person incapable of safely driving a commercial
18 motor vehicle;
19 (2) under the influence of any controlled substance as
20 defined in section 1603 (relating to definitions) to a degree <--
21 which renders the person incapable of safely driving a
22 commercial motor vehicle;
23 (3) under the combined influence of alcohol and any
24 controlled substance to a degree which renders the person <--
25 incapable of safely driving a commercial motor vehicle; or
26 (4) the amount of alcohol by weight in the person's
27 blood is 0.04% or more.
28 Section 8. Title 75 is amended by adding a section to read:
29 § 3736. Reckless driving.
30 (a) General rule.--Any person who drives any vehicle in
19890S1057B1622 - 40 -
1 willful or wanton disregard for the safety of persons or
2 property is guilty of reckless driving.
3 (b) Penalty.--Any person who violates this section commits a
4 summary offense and shall, upon conviction, be sentenced to pay
5 a fine of $200.
6 Section 9. Section 6146 of Title 75 is amended to read:
7 § 6146. Enforcement agreements.
8 The secretary may enter into agreements relating to
9 enforcement of this title, including, but not limited to[,]:
10 (1) THE DRIVER LICENSE COMPACT AND ANY OTHER agreements <--
11 to notify any state of violations incurred by residents of
12 that state[,];
13 (2) agreements to suspend or revoke the operating
14 privilege of Pennsylvania licensed drivers who are convicted
15 in Federal Court or in another state of any offense
16 essentially similar to those enumerated in [Subchapter B of
17 Chapter 37 (relating to serious traffic offenses) and]
18 section 1532(a) and (b) (relating to suspension or revocation
19 of operating privilege);
20 (3) agreements to disqualify the commercial driving
21 privilege of Pennsylvania-licensed drivers convicted in
22 Federal Court or in another state of offenses essentially
23 similar to those resulting in disqualification under section
24 1611 (relating to disqualification);
25 (4) agreements to establish procedures for the seizure
26 of suspended, revoked or disqualified drivers' licenses of
27 residents of other states; and
28 (5) agreements to take measures to assure taking of
29 chemical tests of breath, blood or urine and payment of fines
30 or attendance at hearings by persons charged with these or
19890S1057B1622 - 41 -
1 other violations.
2 Section 10. Section 6323(2) of Title 75 is amended and the
3 section is amended by adding a paragraph to read:
4 § 6323. Reports by courts.
5 Subject to any inconsistent procedures and standards relating
6 to reports and transmission of funds prescribed pursuant to
7 Title 42 (relating to judiciary and judicial procedure):
8 * * *
9 (2) A record of the judgment shall also be forwarded to
10 the department upon conviction or acquittal of a person of a
11 felony, a misdemeanor of the first degree or a misdemeanor of
12 the second degree in the commission of which the judge
13 determines that a motor vehicle was essentially involved.
14 * * *
15 (4) The record of judgment required to be sent to the
16 department by subsections (1) and (2) shall indicate if the
17 vehicle driven by the person was a commercial motor vehicle.
18 Section 11. Section 6501(a) of Title 75 is amended and the
19 section is amended by adding a subsection to read:
20 § 6501. Definition of conviction.
21 (a) General rule.--For the purposes of this title, a
22 conviction includes a plea of guilty, a plea of nolo contendere,
23 a finding of guilty by a court or administrative proceeding, an
24 adjudication of delinquency by a court or an unvacated
25 forfeiture of bail or collateral deposited to secure a
26 defendant's appearance in court.
27 * * *
28 (c) Certified record of convictions.--For the purpose of
29 this title, a certified record of conviction includes a
30 certified record of conviction from any Federal or state court
19890S1057B1622 - 42 -
1 and a certified record of administrative adjudication from any
2 state. These records or copies of these records shall be
3 admissible in any court of law without any need for further
4 documentation.
5 Section 12. (a) For purposes of 75 Pa.C.S. § 1606(a)
6 (relating to requirement for commercial driver's license), a
7 driver with a valid driver's license endorsed with Class 2, 3 or
8 4 shall be considered a commercial driver until such time as
9 established by regulation.
10 (b) The Department of Transportation shall require
11 applicants with valid Class 2, 3 or 4 learners' permits issued
12 prior to the effective date of this act to take the examinations
13 required by this act.
14 (c) The department shall send to a driver holding a valid
15 Class 2, 3 or 4 license issued by the department which expires
16 before April 1, 1992, an application for a commercial driver's
17 license with his license renewal so that he may obtain a
18 commercial driver's license under this act upon successfully
19 meeting the requirements of 75 Pa.C.S. § 1607 (relating to
20 commercial driver's license qualification standards) and payment
21 of the required fees. A DRIVER WITH A VALID CLASS 3 LICENSE <--
22 ISSUED BY THE DEPARTMENT SHALL BE ELIGIBLE TO MAKE APPLICATION
23 FOR A CLASS A, B OR C COMMERCIAL DRIVER'S LICENSE. A DRIVER WITH
24 A VALID CLASS 2 OR 4 LICENSE ISSUED BY THE DEPARTMENT SHALL BE
25 ELIGIBLE TO MAKE APPLICATION FOR A CLASS B OR C COMMERCIAL
26 DRIVER'S LICENSE. IF A DRIVER HAS NOT PASSED THE COMMERCIAL
27 DRIVER'S LICENSE TEST BY THE DATE ESTABLISHED BY THE DEPARTMENT,
28 HIS CLASS 2, 3 OR 4 LICENSE SHALL BE VALID AS A CLASS C LICENSE
29 AS DEFINED IN SECTION 1504(D)(3) (RELATING TO CLASSES OF
30 LICENSES).
19890S1057B1622 - 43 -
1 (d) The department shall send to a driver holding a valid
2 Class 2, 3 or 4 driver's license issued by the department which
3 expires after April 1, 1992, an application for a commercial
4 driver's license which shall indicate that his Class 2, 3 or 4
5 license shall expire on a date established by the department. A <--
6 DRIVER WITH A VALID CLASS 3 LICENSE ISSUED BY THE DEPARTMENT
7 SHALL BE ELIGIBLE TO MAKE APPLICATION FOR A CLASS A, B OR C
8 COMMERCIAL DRIVER'S LICENSE. A DRIVER WITH A VALID CLASS 2 OR 4
9 LICENSE ISSUED BY THE DEPARTMENT SHALL BE ELIGIBLE TO MAKE
10 APPLICATION FOR A CLASS B OR C COMMERCIAL DRIVER'S LICENSE. IF A
11 DRIVER HAS NOT PASSED THE COMMERCIAL DRIVER'S LICENSE TEST BY
12 THE DATE ESTABLISHED BY THE DEPARTMENT, HIS CLASS 2, 3 OR 4
13 LICENSE SHALL BE VALID AS A CLASS C LICENSE AS DEFINED IN
14 SECTION 1504(D)(3). Upon meeting the requirements of section
15 1607 and payment of the appropriate fees, the driver shall be
16 issued a commercial driver's license.
17 (e) A driver with a valid Class 2, 3 or 4 license issued by
18 the department, who for the third time fails either of the tests
19 required for Class A, B or C A COMMERCIAL DRIVER'S LICENSE under <--
20 section 1607, must make an application for a commercial
21 learner's permit in order to obtain a commercial driver's
22 license. If a driver has not passed the Class A, B or C A <--
23 COMMERCIAL DRIVER'S LICENSE test by the expiration date <--
24 established by the department, his Class 2, 3 or 4 license will <--
25 no longer be valid and a Class D license will be issued. SHALL <--
26 BE VALID AS A CLASS C LICENSE AS DEFINED IN SECTION 1504(D)(3).
27 (f) A driver holding a valid Class 1 driver's license issued
28 by the department which expires after April 1, 1992 NOVEMBER 1, <--
29 1990, shall be considered to be a Class D C NONCOMMERCIAL driver <--
30 until expiration of the license.
19890S1057B1622 - 44 -
1 (G) A DRIVER HOLDING A VALID CLASS 5 OR 6 DRIVER'S LICENSE <--
2 ISSUED BY THE DEPARTMENT WHICH EXPIRES AFTER NOVEMBER 1, 1990,
3 SHALL BE CONSIDERED TO BE A CLASS M DRIVER UNTIL THE EXPIRATION
4 OF THE LICENSE.
5 Section 13. For the purpose of implementing the skill test <--
6 requirements for all new commercial driver applicants and
7 current drivers with a Class 2, 3 or 4 license, the Department
8 of Transportation shall initiate a testing program, which meets
9 Federal minimum standards for commercial driver testing, on
10 November 7, 1989.
11 Section 14 13. This act shall take effect as follows: <--
12 (1) Section 5 (sections 1604(d), 1605(c), 1606(c) and
13 (d), 1611, 1612 and 1613) shall take effect April 1, 1992.
14 (2) SECTION 5 (SECTION 1607) SHALL TAKE EFFECT <--
15 IMMEDIATELY.
16 (2) (3) Section 5 (section 1610(c)) shall take effect <--
17 when the Department of Transportation has access to the
18 Commercial Driver's License Information System, but no later
19 than April 1, 1992.
20 (3) (4) The remainder of this act shall take effect <--
21 November 1, 1990.
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