Pennsylvania Consolidated & Unconsolidated Statutes
Act 107 - VEHICLE CODE (75 PA.C.S.) - SUSPENSION OF OPERATING PRIVILEGE

Session of 2022
No. 2022-107
 
HB 987
 
AN ACT
 
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing
of drivers, further providing for suspension of operating privilege.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Section 1532(d) of Title 75 is amended and subsection (b) is amended by adding a paragraph
to read:

§ 1532.  Suspension of operating privilege.
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(b)  Suspension.--
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(6)  Beginning as soon as practicable, but no later than 10 months after the effective
date of this paragraph, 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active sanction ended under this subsection had been rescinded from the record.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.

(iii)  If a driver record shows on the effective date of this paragraph an active suspension
imposed under former subsection (d), the driver record will be changed to indicate
the suspension has ended. The following shall apply:

(A)  If the ending of the suspension means the driver's operating privilege is eligible
for restoration, no restoration fee shall be imposed as required by section 1960.

(B)  If the driver record shows any pending departmental sanction after the suspension
imposed under former subsection (d), the effective dates of any such pending departmental
sanction will be adjusted as if the suspension ended under this section 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.

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[(d)  Additional suspension.--The department shall suspend the operating privilege of any
person upon receiving a certified record of the driver's conviction, adjudication
of delinquency or admission into a preadjudication program for a violation under 18
Pa.C.S. § 6307 (relating to misrepresentation of age to secure liquor or malt or brewed
beverages), 6308 (relating to purchase, consumption, possession or transportation
of liquor or malt or brewed beverages) or 6310.3 (relating to carrying a false identification
card). The duration of the suspension shall be as follows:

(1)  For a first offense, the department shall impose a suspension for a period of 90 days.
(2)  For a second offense, the department shall impose a suspension for a period of one
year.

(3)  For a third and subsequent offense, the department shall impose a suspension for a
period of two years. Any multiple suspensions imposed shall be served consecutively.

Courts may certify the conviction, adjudication of delinquency or admission into the
preadjudication program on the same form used to submit the order of suspension required
under the provisions of 18 Pa.C.S. § 6310.4 (relating to restriction of operating
privileges). Wherever practicable, the suspension imposed under this section shall
be made concurrent with the suspension imposed under the provisions of 18 Pa.C.S.
§ 6310.4. All offenses committed on or after May 23, 1988, shall be included in considering
whether an offense is a first, second, third or subsequent offense.]

Section 2.  This act shall take effect in 60 days.
 
APPROVED--The 3rd day of November, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes