2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1538 - School, examination or hearing on accumulation of points or excessive speeding.

     § 1538.  School, examination or hearing on accumulation of
                points or excessive speeding.
        (a)  Initial accumulation of six points.--When any person's
     record for the first time shows as many as six points, the
     department shall require the person to attend an approved driver
     improvement school or undergo a special examination and shall so
     notify the person in writing. Upon satisfactory attendance and
     completion of the course or upon passing the special
     examination, two points shall be removed from the person's
     record. Failure to attend and satisfactorily complete the
     requirements of driver improvement school shall result in the
     suspension of such person's operating privilege for 60 days.
     Failure to pass the examination shall result in the suspension
     of the operating privilege until the examination has been
     satisfactorily completed.
        (b)  Second accumulation of six points.--
            (1)  When any person's record has been reduced below six
        points and for the second time shows as many as six points,
        the department shall require the person to attend a
        departmental hearing. The hearing examiner may recommend one
        or more of the following:
                (i)  That the person be required to attend a driver
            improvement school.
                (ii)  That the person undergo an examination as
            provided for in section 1508 (relating to examination of
            applicant for driver's license).
                (iii)  That the person's driver's license be
            suspended for a period not exceeding 15 days.
            (2)  The department may effect or modify the
        recommendations of the hearing examiner but may not impose
        any sanction not recommended by the hearing examiner.
            (3)  Upon completion of the sanction or sanctions imposed
        by the department, two points shall be removed from the
        person's record.
            (4)  Failure to attend the hearing or to attend and
        satisfactorily complete the requirements of a driver
        improvement school shall result in the suspension of such
        person's operating privilege for 60 days. Failure to pass an
        examination shall result in the suspension of such person's
        operating privilege until the examination has been
        satisfactorily completed.
        (c)  Subsequent accumulations of six points.--When any
     person's record has been reduced below six points and for the
     third or subsequent time shows as many as six points, the
     department shall require the driver to attend a departmental
     hearing to determine whether the person's operating privilege
     should be suspended for a period not to exceed 30 days. Failure
     to attend the hearing or to comply with the requirements of the
     findings of the department shall result in the suspension of the
     operating privilege until the person has complied.
        (d)  Conviction for excessive speeding.--
            (1)  When any person is convicted of driving 31 miles per
        hour or more in excess of the speed limit, the department
        shall require the person to attend a departmental hearing.
        The hearing examiner may recommend one or more of the
        following:
                (i)  That the person be required to attend a driver
            improvement school.
                (ii)  That the person undergo an examination as
            provided for in section 1508.
                (iii)  That the person have his driver's license
            suspended for a period not exceeding 15 days.
            (2)  The department shall effect at least one of the
        sanctions but may not increase any suspension beyond 15 days.
            (3)  Failure to attend the hearing or to attend and
        satisfactorily complete the requirements of a driver
        improvement school shall result in the suspension of such
        person's operating privilege for 60 days. Failure to pass an
        examination shall result in the suspension of such person's
        operating privilege until the examination has been
        satisfactorily completed.
        (e)  Additional suspension of operating privilege.--
            (1)  In addition to any other provisions of law relating
        to the suspension or revocation of operating privileges, a
        person's operating privileges shall be suspended under any of
        the following circumstances:
                (i)  Prior to reaching age 18, the person violates
            section 3362 (relating to maximum speed limits) by
            traveling 26 miles per hour or more over the posted speed
            limit and the violation results in a conviction, guilty
            plea or plea of no contest before or after the person
            reaches age 18.
                (ii)  The person accumulates six or more points under
            the provisions of section 1535 (relating to schedule of
            convictions and points) and the violations resulting in
            points accumulation were committed before the person
            reached age 18.
            (2)  The first suspension under paragraph (1) shall be
        for a period of 90 days with every subsequent suspension
        under paragraph (1) to be for a period of 120 days.
        Suspensions under paragraph (1) shall be imposed
        consecutively to each other and to any other suspension. A
        suspension under paragraph (1) shall be considered a
        subsequent suspension even if it is imposed contemporaneously
        with a first suspension imposed under paragraph (1).
     (June 25, 1999, P.L.164, No.23, eff. 180 days)

        1999 Amendment.  Act 23 added subsec. (e).
        Cross References.  Section 1538 is referred to in sections
     1535, 1553, 1554 of this title.