2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1543 - Driving while operating privilege is suspended or revoked.

     § 1543.  Driving while operating privilege is suspended or
                revoked.
        (a)  Offense defined.--Except as provided in subsection (b),
     any person who drives a motor vehicle on any highway or
     trafficway of this Commonwealth after the commencement of a
     suspension, revocation or cancellation of the operating
     privilege and before the operating privilege has been restored
     is guilty of a summary offense and shall, upon conviction, be
     sentenced to pay a fine of $200.
        (b)  Certain offenses.--
            (1)  A person who drives a motor vehicle on a highway or
        trafficway of this Commonwealth at a time when the person's
        operating privilege is suspended or revoked as a condition of
        acceptance of Accelerated Rehabilitative Disposition for a
        violation of section 3802 (relating to driving under
        influence of alcohol or controlled substance) or the former
        section 3731, because of a violation of section 1547(b)(1)
        (relating to suspension for refusal) or 3802 or former
        section 3731 or is suspended under section 1581 (relating to
        Driver's License Compact) for an offense substantially
        similar to a violation of section 3802 or former section 3731
        shall, upon conviction, be guilty of a summary offense and
        shall be sentenced to pay a fine of $500 and to undergo
        imprisonment for a period of not less than 60 days nor more
        than 90 days.
            (1.1)  (i)  A person who has an amount of alcohol by
            weight in his blood that is equal to or greater than .02%
            at the time of testing or who at the time of testing has
            in his blood any amount of a Schedule I or nonprescribed
            Schedule II or III controlled substance, as defined in
            the act of April 14, 1972 (P.L.233, No.64), known as The
            Controlled Substance, Drug, Device and Cosmetic Act, or
            its metabolite and who drives a motor vehicle on any
            highway or trafficway of this Commonwealth at a time when
            the person's operating privilege is suspended or revoked
            as a condition of acceptance of Accelerated
            Rehabilitative Disposition for a violation of section
            3802 or former section 3731 or because of a violation of
            section 1547(b)(1) or 3802 or former section 3731 or is
            suspended under section 1581 for an offense substantially
            similar to a violation of section 3802 or former section
            3731 shall, upon a first conviction, be guilty of a
            summary offense and shall be sentenced to pay a fine of
            $1,000 and to undergo imprisonment for a period of not
            less than 90 days.
                (ii)  A second violation of this paragraph shall
            constitute a misdemeanor of the third degree, and upon
            conviction thereof the person shall be sentenced to pay a
            fine of $2,500 and to undergo imprisonment for not less
            than six months.
                (iii)  A third or subsequent violation of this
            paragraph shall constitute a misdemeanor of the first
            degree, and upon conviction thereof the person shall be
            sentenced to pay a fine of $5,000 and to undergo
            imprisonment for not less than two years.
            (2)  This subsection shall apply to any person against
        whom one of these suspensions has been imposed whether the
        person is currently serving this suspension or whether the
        effective date of suspension has been deferred under any of
        the provisions of section 1544 (relating to additional period
        of revocation or suspension). This provision shall also apply
        until the person has had the operating privilege restored.
        This subsection shall also apply to any revocation imposed
        pursuant to section 1542 (relating to revocation of habitual
        offender's license) if any of the enumerated offenses was for
        a violation of section 3802 or former section 3731 or for an
        out-of-State offense that is substantially similar to a
        violation of section 3802 or former section 3731, for which a
        revocation is imposed under section 1581.
        (c)  Suspension or revocation of operating privilege.--Upon
     receiving a certified record of the conviction of any person
     under this section, the department shall suspend or revoke that
     person's operating privilege as follows:
            (1)  If the department's records show that the person was
        under suspension, recall or cancellation on the date of
        violation, and had not been restored, the department shall
        suspend the person's operating privilege for an additional
        one-year period.
            (2)  If the department's records show that the person was
        under revocation on the date of violation, and had not been
        restored, the department shall revoke the person's operating
        privilege for an additional two-year period.
        (d)  Citation of appropriate subsection.--Prior to filing a
     citation for a violation of this section with the issuing
     authority named in the citation, the police officer shall verify
     the basis for the suspension with the department. Upon receiving
     the verification, the officer shall cite the appropriate
     subsection of this section on the citation.
     (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; Dec. 11, 1986,
     P.L.1530, No.166, eff. 60 days; Nov. 23, 1987, P.L.399, No.82,
     eff. 60 days; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months;
     Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Oct. 4, 2002,
     P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,
     eff. Feb. 1, 2004)

        2003 Amendment.  Act 24 amended subsec. (b).
        1994 Amendment.  Act 143 amended subsecs. (b) and (c). See
     section 4 of Act 143 in the appendix to this title for special
     provisions relating to habitual offenders.
        1987 Amendment.  Act 82 added subsec. (d).
        Cross References.  Section 1543 is referred to in sections
     1541, 1542, 1547, 1549, 1553, 1554, 3807, 3811, 3812, 6309.1,
     6503, 6506 of this title; sections 1522, 1725.3, 5553, 9763,
     9804 of Title 42 (Judiciary and Judicial Procedure).