2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1516 - Department records.

     § 1516.  Department records.
        (a)  Applications, suspensions and revocations.--The
     department shall file every application for a license received
     by it and shall maintain suitable records containing:
            (1)  All applications denied and the reasons for denial.
            (2)  All applications granted.
            (3)  The name of every licensee whose license has been
        suspended or revoked by the department and the reasons for
        such action.
        (b)  Accidents and convictions.--The department shall file
     all accident reports and abstracts of court records of
     convictions received by it under the laws of this Commonwealth
     and maintain actual or facsimile records or make suitable
     notations in order that the records of each licensee showing
     convictions of the licensee, any departmental action initiated
     against the licensee regarding a reportable accident in which
     the licensee was involved, and the traffic accidents shall be
     available for official use. Unless the licensee was a commercial
     driver at the time of the violation, the department shall
     maintain records or make notations only for convictions that are
     relevant to the licensee's operating privilege. Where the
     licensee was a commercial driver at the time of the violation,
     the department shall maintain records or make notations for all
     convictions of any violation, in any motor vehicle, of a State
     or local traffic control law, except a parking violation, and
     also for any other convictions that are relevant to the
     licensee's operating privilege. Court abstracts and
     certifications of conviction and accident reports submitted to
     the department under the laws of this Commonwealth shall be
     considered as records of the department, and the department may
     store such documents in accordance with the provisions of 42
     Pa.C.S. § 6109 (relating to photographic copies of business and
     public records) and may enter into evidence copies of such
     documents in accordance with the provisions of 42 Pa.C.S. § 6103
     (relating to proof of official records). Such copies shall be
     admissible into evidence to support the department's case in an
     appeal of a department action taken under Chapter 13 (relating
     to registration of vehicles), 15 (relating to licensing of
     drivers), 16 (relating to commercial drivers) or 17 (relating to
     financial responsibility) of this title, and the certification
     shall constitute prima facie proof of the facts and information
     contained in the court abstract or certification of conviction
     or accident report. These records shall also be made available
     to the courts for sentencing purposes.
        (c)  Dismissal of charges for violations.--If a charge for
     violation of any of the provisions of this title against any
     person is dismissed where there have been no prior convictions
     by any court of competent jurisdiction, no record of the charge
     and dismissal shall be included in the driving record of the
     person. If the person has been previously convicted of the
     charge and suspension was imposed by the department, which
     suspension was either partially or fully served, the department
     may keep a record of the offense for the purpose of showing the
     suspension was imposed against the person, but the offense shall
     not be used for the purpose of calculating the requisite number
     of offenses under section 1542 (relating to revocation of
     habitual offender's license). In addition, the department may
     keep records of charges that have been filed with the courts in
     order to determine a person's eligibility for a probationary
     license under the provisions of section 1554(b)(3) (relating to
     probationary license). All records maintained pursuant to this
     subsection shall be maintained for administrative and law
     enforcement use only and shall not be released for any other
     purpose, except where the person was a commercial driver at the
     time of the violation and the charge was dismissed as part of
     the person's acceptance of Accelerated Rehabilitative
     Disposition.
        (d)  Updating driving record.--Drivers wishing to have their
     record reviewed by the department may make such a request in
     order that the record be brought up to date. In updating
     records, the department shall include recalculation of
     suspension or revocation segments and the assignment and
     crediting of any suspension or revocation time previously
     assigned or credited toward a suspension or revocation which
     resulted from a conviction which has been vacated, overturned,
     dismissed or withdrawn. Any fully or partially served suspension
     or revocation time may only be reassigned or credited toward a
     suspension or revocation segment processed on the driver's
     record as of the actual commencement date of the fully or
     partially served suspension or revocation time.
     (Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Sept. 30, 2003,
     P.L.120, No.24, eff. Feb. 1, 2004; July 5, 2005, P.L.100, No.37)

        2005 Amendment.  Act 37 amended subsecs. (b) and (c). Section
     10(2) of Act 37 provided that Act 37 shall take effect 90 days
     after publication of a notice in the Pennsylvania Bulletin. The
     notice was published July 16, 2005, at 35 Pa.B. 4029.
        2003 Amendment.  Act 24 amended subsecs. (c) and (d).
        Cross References.  Section 1516 is referred to in sections
     1607, 1611 of this title; section 302 of Title 74
     (Transportation).