§ 1532. Suspension of operating privilege
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: January 3, 2023
Effective: January 3, 2023
75 Pa.C.S.A. § 1532
§ 1532. Suspension of operating privilege
Section 3735.1 (relating to aggravated assault by vehicle while driving under the influence).
Section 3742 (relating to accidents involving death or personal injury).
Section 3742.1 (relating to accidents involving death or personal injury while not properly licensed).
Section 7111 (relating to dealing in titles and plates for stolen vehicles).
Section 7121 (relating to false application for certificate of title or registration).
Section 7122 (relating to altered, forged or counterfeit documents and plates).
Section 3367 (relating to racing on highways).
Section 3714(b) (relating to careless driving).
Section 3734 (relating to driving without lights to avoid identification or arrest).
Section 3736 (relating to reckless driving).
Section 3743 (relating to accidents involving damage to attended vehicle or property).
(2) The department shall suspend the operating privilege of any driver for six months upon receiving a certified record of the driver's conviction of a subsequent offense under section 1501(a) (relating to drivers required to be licensed) if the prior offense occurred within five years of the violation date of the subsequent offense.
(3) The department shall suspend the operating privilege of any driver for 12 months upon receiving a certified record of the driver's conviction of section 3733 (relating to fleeing or attempting to elude police officer) or a substantially similar offense reported to the department under Article III of section 1581 (relating to Driver's License Compact), or an adjudication of delinquency based on section 3733. The department shall suspend the operating privilege of any driver for six months upon receiving a certified record of a consent decree granted under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based on section 3733.
(4) The department shall suspend the operating privilege of any driver for three months upon receiving a certified record of the driver's conviction of section 1371 (relating to operation following suspension of registration) or 3718 (relating to minor prohibited from operating with any alcohol in system) or an adjudication of delinquency based on section 1371.
(6) Beginning as soon as practicable, but no later than 10 months after the effective date of this paragraph,1 the department shall update driver records as follows:
(i) If a driver record shows on the effective date of this paragraph an active sanction imposed by the department for a conviction of any offense under a Federal, State or other state's controlled substance laws, except for an offense under subsection (a), the driver record will be changed to indicate the active departmental sanction has ended. The following shall apply:
(A) If the ending of the active departmental sanction means a driver's operating privilege is eligible for restoration, no points will be placed on the driver record as required by section 1545 (relating to restoration of operating privilege) and no restoration fee shall be imposed as required by section 1960 (relating to reinstatement of operating privilege or vehicle registration).
(B) If a driver record shows a pending departmental sanction after the active sanction imposed by the department for a conviction of any offense under a Federal, State or other state's controlled substance laws, except for an offense under subsection (a), the effective dates of the pending departmental sanction will be adjusted as if the active sanction ended under this subsection had been rescinded from the record.
(ii) If a driver record shows on the effective date of this paragraph a pending sanction imposed by the department for a conviction of any offense under a Federal, State or other state's controlled substance laws, except for an offense under subsection (a), the driver record will be changed to indicate that the pending sanction will not be imposed. The effective dates for a departmental sanction to be imposed after a conviction of any offense under a Federal, State or other state's controlled substance laws will be adjusted as if the controlled substance-related departmental sanction had been rescinded from the record.
(iv) If the driver record shows on the effective date of this paragraph a pending suspension imposed under former subsection (d), the driver record will be changed to indicate the suspension will not be imposed. The effective dates for any departmental sanctions to be imposed after the pending suspension under former subsection (d) will be adjusted as if the pending suspension had been rescinded from the record.
(c) Suspension.--The department shall suspend the operating privilege of any person 21 years of age or younger upon receiving a certified record of the person's conviction or adjudication of delinquency under 18 Pa.C.S. § 2706 (relating to terroristic threats) committed on or against any school property, including any public school grounds, during any school-sponsored activity or on any conveyance providing transportation to a school entity or school-sponsored activity in accordance with the following:
(d) Deleted by 2022, Nov. 3, P.L. 1692, No. 107, § 1, effective in 60 days [Jan. 3, 2023].
Credits
1976, June 17, P.L. 162, No. 81, § 1, eff. July 1, 1977. Amended 1982, Dec. 15, P.L. 1268, No. 289, § 2, effective in 30 days; 1990, May 30, P.L. 173, No. 42, § 3; 1990, July 10, P.L. 356, No. 83, § 6, effective Nov. 1, 1990; 1993, June 28, P.L. 137, No. 33, § 3, effective in 60 days; 1993, July 2, P.L. 408, No. 58, § 4, effective in 60 days; 1994, Feb. 10, P.L. 20, No. 3, § 5, effective in 60 days; 1994, Dec. 12, P.L. 1048, No. 143, § 1, effective in nine months; 1994, Dec. 27, P.L. 1337, No. 154, § 3, effective in 180 days; 1998, Dec. 21, P.L. 1126, No. 151, § 14, imd. effective; 1999, June 25, P.L. 164, No. 23, § 4, effective in 180 days; 2002, Oct. 2, P.L; 801, No. 114, § 1, imd. effective; 2002, Oct. 4, P.L. 845, No. 123, § 2; 2003, Sept. 30, P.L. 120, No. 24, § 7, effective Feb. 1, 2004; 2004, Dec. 8, P.L. 1791, No. 237, § 1, effective in 150 days [May 9, 2005]; 2018, Oct. 24, P.L. 659, No. 95, § 4, effective in 180 days [April 22, 2019]; 2022, Nov. 3, P.L. 1692, No. 107, § 1, effective in 60 days [Jan. 3, 2023].
Footnotes
Subsec. (b)(6) added by 2022, Nov. 3, P.L. 1692, No. 107, § 1, effective in 60 days [Jan. 3, 2023].
75 Pa.C.S.A. § 1532, PA ST 75 Pa.C.S.A. § 1532
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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