(a) Persons ineligible for licensing.--The department shall not issue a driver's license to, or renew the driver's license of, any person:
(1) Whose operating privilege is suspended or revoked in this or any other state.
(2) (Deleted by amendment).
(3) Who is a user of alcohol or any controlled substance to a degree rendering the user incapable of safely driving a motor vehicle. This paragraph does not apply to any person who is enrolled or otherwise participating in a methadone or other controlled substance treatment program approved by the Department of Health provided that the person is certified to be competent to drive by a physician designated by the Department of Health.
(4) Who has been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
(5) Whose name has been submitted under the provisions of section 1518 (relating to reports on mental or physical disabilities or disorders).
(6) Who is required by the department to take an examination until the person has successfully passed the examination.
(7) Who is under 18 years of age except in accordance with subsections (b) and (c).
(8) Who has repeatedly violated any of the provisions of this chapter. The department shall provide an opportunity for a hearing upon invoking this paragraph.
(9) Who is not a resident of this Commonwealth. This paragraph shall not apply to an employee of the Federal or State Government or the employee's immediate family or a person in the service of the armed forces of the United States or the person's immediate family.
(b) License issuance to minors.--The department shall issue a driver's license to a person 17 years of age who:
(1) has successfully completed a driver's training course approved by the department; and
(2) for a period of 12 months after passing the examination under section 1505(e) (relating to learners' permits) and receiving a junior driver's license:
(i) has not been involved in an accident reportable under section 3746(a) (relating to immediate notice of accident to police department) for which they are partially or fully responsible in the opinion of the department; or
(ii) has not been convicted of any violation of this title.
(c) Junior driver's license.--The department may issue a junior driver's license to a person 16 or 17 years of age under rules and regulations adopted by the department and subject to the provisions of this section. A junior driver's license shall automatically become a regular driver's license when the junior driver attains 18 years of age.
(1) Except as provided in paragraph (2), no licensed junior driver shall drive a vehicle upon a public highway between 11 p.m. and 5 a.m. unless accompanied by a spouse 18 years of age or older, a parent or a person in loco parentis.
(2) A licensed junior driver conforming to the requirements of section 1507 (relating to application for driver's license or learner's permit by minor) may drive a vehicle upon a public highway between 11 p.m. and 5 a.m. between the junior driver's home and activity or employment or in the course of the junior driver's activity or employment if the junior driver is a member of a volunteer fire company authorized by the fire chief to engage in fighting fires, is engaged in public or charitable service or is employed and is carrying an affidavit or certificate of authorization signed by the junior driver's fire chief, supervisor or employer indicating the probable schedule of the junior driver's activities. Upon termination of the junior driver's activity or employment, the junior driver shall surrender the affidavit or certificate to the fire chief, supervisor or employer. If the junior driver shall fail to surrender the affidavit or certificate, the employer, fire chief or supervisor shall immediately notify the Pennsylvania State Police.
(2.1) For the first six months after issuance of the junior driver's license, a junior driver shall not drive a vehicle with more than one passenger under 18 years of age who is not a member of the driver's immediate family unless the junior driver is accompanied by a parent or legal guardian. After the expiration of the first six months, a junior driver shall not drive a vehicle with more than three passengers under 18 years of age who are not members of the driver's immediate family unless the junior driver is accompanied by a parent or legal guardian. A junior driver shall not drive a vehicle with more than one passenger under 18 years of age who is not a member of the driver's immediate family unless the junior driver is accompanied by a parent or legal guardian if the junior driver has been involved in an accident reportable under section 3746(a) for which the junior driver is partially or fully responsible in the opinion of the department or has been convicted of any violation of this title. For purposes of this paragraph, a junior driver's immediate family shall include brothers, sisters, stepbrothers or stepsisters of the driver, including adopted or foster children residing in the same household as the junior driver.
(3) In addition to the other provisions of this title relating to the suspension or revocation of operating privileges, in the event that a licensed junior driver is involved in an accident reportable under section 3746(a) for which the junior driver is partially or fully responsible in the opinion of the department or is convicted of any violation of this title, the department may suspend the operating privileges of the junior driver until the junior driver attains 18 years of age or for a period of time not exceeding 90 days.
(4) Any junior driver or other person violating any provision of this subsection is guilty of a summary offense.
(Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; June 25, 1999, P.L.164, No.23; Dec. 9, 2002, P.L.1278, No.152, eff. 120 days; Oct. 25, 2011, P.L.334, No.81, eff. 60 days)
2011 Amendment. Act 81 amended subsec. (c). The preamble to Act 81 provided that the part of Act 81 that limits the number of passengers a junior driver may transport in a motor vehicle at one time may be referred to as Lacey's Law in honor of Lacey Gallagher.
2002 Amendment. Act 152 added subsec. (a)(9).
1999 Amendment. Act 23 amended the entire section, effective in 60 days as to subsec. (c)(1) and (2) and 180 days as to the remainder of the section.
Cross References. Section 1503 is referred to in sections 1504, 1533, 1550, 4581 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 15 - Licensing of Drivers
Section 1501 - Drivers required to be licensed
Section 1502 - Persons exempt from licensing
Section 1503 - Persons ineligible for licensing; license issuance to minors; junior driver's license
Section 1504 - Classes of licenses
Section 1505 - Learners' permits
Section 1506 - Application for driver's license or learner's permit
Section 1507 - Application for driver's license or learner's permit by minor
Section 1508 - Examination of applicant for driver's license
Section 1508.1 - Physical examinations
Section 1509 - Qualifications for school bus driver endorsement
Section 1510 - Issuance and content of driver's license
Section 1511 - Carrying and exhibiting driver's license on demand
Section 1512 - Restrictions on drivers' licenses
Section 1513 - Duplicate and substitute drivers' licenses and learners' permits
Section 1514 - Expiration and renewal of drivers' licenses
Section 1515 - Notice of change of name or address
Section 1516 - Department records
Section 1517 - Medical Advisory Board
Section 1518 - Reports on mental or physical disabilities or disorders
Section 1519 - Determination of incompetency
Section 1520 - Acknowledgment of littering provisions
Section 1531 - Administration of system by department
Section 1532 - Suspension of operating privilege
Section 1533 - Suspension of operating privilege for failure to respond to citation
Section 1534 - Notice of acceptance of Accelerated Rehabilitative Disposition
Section 1535 - Schedule of convictions and points
Section 1536 - Notice of assignment of points
Section 1537 - Removal of points
Section 1538 - School, examination or hearing on accumulation of points or excessive speeding
Section 1539 - Suspension of operating privilege on accumulation of points
Section 1540 - Surrender of license
Section 1541 - Period of disqualification, revocation or suspension of operating privilege
Section 1542 - Revocation of habitual offender's license
Section 1543 - Driving while operating privilege is suspended or revoked
Section 1544 - Additional period of revocation or suspension
Section 1545 - Restoration of operating privilege
Section 1546 - Suspension or revocation of nonresident's operating privilege
Section 1547 - Chemical testing to determine amount of alcohol or controlled substance
Section 1548 - Requirements for driving under influence offenders
Section 1549 - Establishment of schools
Section 1550 - Judicial review
Section 1551 - Notice of department action
Section 1552 - Accelerated Rehabilitative Disposition
Section 1553 - Occupational limited license
Section 1554 - Probationary license
Section 1555 - Delay of suspension, revocation or disqualification
Section 1556 - Ignition interlock limited license
Section 1571 - Violations concerning licenses
Section 1572 - Cancellation of driver's license
Section 1573 - Displaying a foreign license during suspension or revocation
Section 1574 - Permitting unauthorized person to drive
Section 1575 - Permitting violation of title
Section 1576 - Local authorities liable for negligence of their employees (Repealed)
Section 1581 - Driver's License Compact
Section 1583 - Compensation of compact administrator
Section 1584 - Furnishing of information to other states