2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1532 - Suspension of operating privilege.

     § 1532.  Suspension of operating privilege.
        (a)  One-year suspension.--The department shall suspend the
     operating privilege of any driver for one year upon receiving a
     certified record of the driver's conviction of or an
     adjudication of delinquency based on any of the following
     offenses:
            (1)  Any felony in the commission of which a court
        determines that a vehicle was essentially involved.
            (2)  (Deleted by amendment).
            (3)  Any violation of the following provisions:
                Section 3735.1 (relating to aggravated assault by
            vehicle while driving under the influence).
                Section 3742 (relating to accidents involving death
            or personal injury).
                Section 3742.1 (relating to accidents involving death
            or personal injury while not properly licensed).
                Section 7111 (relating to dealing in titles and
            plates for stolen vehicles).
                Section 7121 (relating to false application for
            certificate of title or registration).
                Section 7122 (relating to altered, forged or
            counterfeit documents and plates).
        (a.1)  Three-year suspension.--The department shall suspend
     the operating privilege of any driver for three years upon
     receiving a certified record of the driver's conviction of or an
     adjudication of delinquency based on a violation of any of the
     following offenses:
            (1)  Any violation of section 3732 (relating to homicide
        by vehicle).
            (2)  Any violation of section 3735 (relating to homicide
        by vehicle while driving under influence).
        (b)  Suspension.--
            (1)  The department shall suspend the operating privilege
        of any driver for six months upon receiving a certified
        record of the driver's conviction of or an adjudication of
        delinquency based on any offense under the following
        provisions:
                Section 3367 (relating to racing on highways).
                Section 3714(b) (relating to careless driving).
                Section 3734 (relating to driving without lights to
            avoid identification or arrest).
                Section 3736 (relating to reckless driving).
                Section 3743 (relating to accidents involving damage
            to attended vehicle or property).
            (2)  The department shall suspend the operating privilege
        of any driver for six months upon receiving a certified
        record of the driver's conviction of a subsequent offense
        under section 1501(a) (relating to drivers required to be
        licensed) if the prior offense occurred within five years of
        the violation date of the subsequent offense.
            (3)  The department shall suspend the operating privilege
        of any driver for 12 months upon receiving a certified record
        of the driver's conviction of section 3733 (relating to
        fleeing or attempting to elude police officer) or a
        substantially similar offense reported to the department
        under Article III of section 1581 (relating to Driver's
        License Compact), or an adjudication of delinquency based on
        section 3733. The department shall suspend the operating
        privilege of any driver for six months upon receiving a
        certified record of a consent decree granted under 42 Pa.C.S.
        Ch. 63 (relating to juvenile matters) based on section 3733.
            (4)  The department shall suspend the operating privilege
        of any driver for three months upon receiving a certified
        record of the driver's conviction of section 1371 (relating
        to operation following suspension of registration) or 3718
        (relating to minor prohibited from operating with any alcohol
        in system) or an adjudication of delinquency based on section
        1371.
            (5)  The department shall suspend the operating privilege
        of any driver for three months upon receiving a certified
        record of the driver's conviction of or an adjudication of
        delinquency based on section 3714(c).
        (c)  Suspension.--The department shall suspend the operating
     privilege of any person upon receiving a certified record of the
     person's conviction of any offense involving the possession,
     sale, delivery, offering for sale, holding for sale or giving
     away of any controlled substance under the laws of the United
     States, this Commonwealth or any other state, or any person 21
     years of age or younger upon receiving a certified record of the
     person's conviction or adjudication of delinquency under 18
     Pa.C.S. § 2706 (relating to terroristic threats) committed on
     any school property, including any public school grounds, during
     any school-sponsored activity or on any conveyance providing
     transportation to a school entity or school-sponsored activity.
            (1)  The period of suspension shall be as follows:
                (i)  For a first offense, a period of six months from
            the date of the suspension.
                (ii)  For a second offense, a period of one year from
            the date of the suspension.
                (iii)  For a third and any subsequent offense
            thereafter, a period of two years from the date of the
            suspension.
            (2)  For the purposes of this subsection, the term
        "conviction" shall include any conviction or adjudication of
        delinquency for any of the offenses listed in paragraph (1),
        whether in this Commonwealth or any other Federal or state
        court.
        (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.
     (Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; May 30, 1990,
     P.L.173, No.42; July 10, 1990, P.L.356, No.83, eff. Nov. 1,
     1990; June 28, 1993, P.L.137, No.33, eff. 60 days; July 2, 1993,
     P.L.408, No.58, eff. 60 days; Feb. 10, 1994, P.L.20, No.3, eff.
     60 days; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec.
     27, 1994, P.L.1337, No.154, eff. 180 days; Dec. 21, 1998,
     P.L.1126, No.151; June 25, 1999, P.L.164, No.23, eff. 180 days;
     Oct. 2, 2002, P.L.801, No.114, eff. imd.; Oct. 4, 2002, P.L.845,
     No.123; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Dec.
     8, 2004, P.L.1791, No.237, eff. 150 days)

        2004 Amendment.  Act 237 amended subsec. (b).
        2002 Amendments.  Act 114 amended subsec. (a) and Act 123
     amended subsecs. (a) and (b)(4) and added subsec. (a.1),
     effective immediately as to the deletion of the reference to
     sections 7102(b) and 7103(b) in subsec. (a)(3) and six months as
     to the remainder of the amendment. Act 123 overlooked the
     amendment by Act 114, but the amendments do not conflict in
     substance and have both been given effect in setting forth the
     text of subsec. (a). See section 2 of Act 114 and section 11 of
     Act 123 in the appendix to this title for special provisions
     relating to petition for removal of suspensions or revocations.
        1999 Amendment.  Act 23 amended subsec. (c).
        1998 Amendment.  Act 151 amended the section heading and
     subsecs. (a) intro. par. and (3) and (b)(3), effective
     immediately as to subsec. (b)(3) and 60 days as to the remainder
     of the section.
        1994 Amendments.  Act 3 added subsec. (c), Act 143 amended
     subsec. (b)(2) and (4) and added subsec. (d) and Act 154 amended
     subsec. (b)(1) and (3). The amendment by Act 3 is identical to
     the amendments by Acts 33 and 58 of 1993 and therefore the text
     has been merged. See section 8 of Act 3 of 1994 in the appendix
     to this title for special provisions relating to savings
     provision.
        Cross References.  Section 1532 is referred to in sections
     1534, 1539, 1540, 1553, 1554, 1575, 1783, 6146 of this title.