2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1540 - Surrender of license.

     § 1540.  Surrender of license.
        (a)  Conviction of offense.--Upon a conviction by a court of
     competent jurisdiction for any offense which calls for mandatory
     suspension in accordance with section 1532 (relating to
     suspension of operating privilege), the court or the district
     attorney shall require the surrender of any driver's license
     then held by the defendant and shall forward the driver's
     license together with a record of the conviction to the
     department. The suspension shall be effective upon a date
     determined by the court or district attorney or upon the date of
     surrender of the license to the court or district attorney,
     whichever shall first occur.
        (b)  Suspension, revocation or disqualification of operating
     privilege.--
            (1)  Upon the suspension or revocation of the operating
        privilege or the disqualification of the commercial operating
        privilege of any person by the department, the department
        shall forthwith notify the person in writing at the address
        of record to surrender his driver's license to the department
        for the term of suspension, revocation or disqualification.
            (2)  The department shall include with the written notice
        of suspension, revocation or disqualification a form for
        acknowledging the suspension, revocation or disqualification,
        which form shall be filed with the department if the person
        has no license to surrender.
            (3)  The suspension, revocation or disqualification shall
        be effective upon the earlier of:
                (i)  a date determined by the department; or
                (ii)  the date of filing or mailing of the license or
            acknowledgment to the department, if that date is
            subsequent to the department's notice to surrender the
            license.
            (4)  Upon surrender of the license or acknowledgment, the
        department shall issue a receipt showing the date that it
        received the license or acknowledgment.
        (c)  Seizure of revoked, suspended, canceled or disqualified
     licenses.--
            (1)  The department may delegate authority to the
        following persons to seize the driver's license of any person
        whose driver's license has been ordered to be surrendered by
        a court or district attorney or by the department:
                (i)  A designated Commonwealth employee.
                (ii)  Members of the Pennsylvania State Police.
                (iii)  Local police officers.
                (iv)  Sheriffs or deputy sheriffs.
                (v)  Constables or deputy constables.
            (2)  The department shall, by regulation, prescribe the
        manner of selecting those persons who are delegated authority
        under this subsection to seize the drivers' licenses.
     (June 19, 1985, P.L.49, No.20, eff. 60 days; Nov. 6, 1985,
     P.L.300, No.72, eff. 60 days; Dec. 11, 1986, P.L.1530, No.166,
     eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; May 30,
     1990, P.L.173, No.42, eff. Nov. 1, 1990; July 6, 1995, P.L.246,
     No.30, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60
     days) Oct. 9, 2009, P.L.494, No.49, eff. 60 days)

        2009 Amendment.  Act 49 amended subsec. (c)(1)(v).
        1998 Amendment.  Act 151 amended subsec. (a).
        1995 Amendment.  Act 30 amended subsec. (b).
        1990 Amendments.  Act 6 amended subsec. (c) and Act 42
     amended subsecs. (b) and (c).
        Cross References.  Section 1540 is referred to in sections
     1541, 1547, 1553, 1554, 1611, 3327, 3805, 3808 of this title;
     section 7165 of Title 44 (Law and Justice).

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