2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1541 - Period of disqualification, revocation or suspension of operating privilege.

     § 1541.  Period of disqualification, revocation or suspension of
                operating privilege.
        (a)  Commencement of period.--The period of disqualification,
     revocation or suspension of the operating privilege or the
     disqualification of the commercial operating privilege shall
     commence as provided for in section 1540 (relating to surrender
     of license). No credit toward the revocation, suspension or
     disqualification shall be earned until the driver's license is
     surrendered to the department, a court or a district attorney,
     as the case may be. A nonresident licensed driver or an
     unlicensed individual, including a driver whose license has
     expired, shall submit an acknowledgment of suspension or
     revocation to the department in lieu of a driver's license,
     except for the suspension of the operating privilege of an
     unlicensed individual under 16 years of age, in which case the
     suspension shall commence automatically upon the individual's
     16th birthday for the specified period if an acknowledgment is
     received any time prior to the individual's 16th birthday. If a
     licensed driver is not in possession of his driver's license, no
     credit toward the disqualification, revocation or suspension
     shall be earned until a sworn affidavit or a form prescribed by
     the department is surrendered to the department swearing that
     the driver is not in possession of his driver's license. Such
     credit shall be rescinded if it is later determined that the
     driver was untruthful in the affidavit. Credit shall also be
     revoked if a person surrenders a duplicate license and it is
     later determined that the person was still in possession of an
     earlier issued, unexpired license. The department may, upon
     request of the person whose license is suspended or
     disqualified, delay the commencement of the period of suspension
     or disqualification for a period not exceeding six months
     whenever the department determines that failure to grant the
     extension will result in hardship to the person whose license
     has been suspended or disqualified.
        (a.1)  Credit toward serving period of suspension for certain
     violations.--Credit toward serving the period of suspension or
     revocation imposed for sections 1543(b)(1.1) (relating to
     driving while operating privilege is suspended or revoked), 3732
     (relating to homicide by vehicle), 3735 (relating to homicide by
     vehicle while driving under influence), 3735.1 (relating to
     aggravated assault by vehicle while driving under the
     influence), 3742 (relating to accidents involving death or
     personal injury), 3802 (relating to driving under influence of
     alcohol or controlled substance) and 3808(a)(2) (relating to
     illegally operating a motor vehicle not equipped with ignition
     interlock) shall not commence until the date of the person's
     release from prison.
        (b)  Eligibility for restoration of operating privilege.--Any
     person whose operating privilege has been revoked or suspended
     shall not be eligible for the restoration of the operating
     privilege until the expiration of the period of revocation or
     suspension.
        (c)  Restoration of revoked operating privilege.--Any person
     whose operating privilege has been revoked pursuant to section
     1542 (relating to revocation of habitual offender's license) or
     1543 is not entitled to automatic restoration of the operating
     privilege. Such person may apply for a learner's permit, if
     permitted under the provisions of this chapter, upon expiration
     of the revocation.
        (d)  Continued suspension of operating privilege.--A
     defendant ordered by the court under section 3816 (relating to
     requirements for driving under influence offenders), as the
     result of a conviction or Accelerated Rehabilitative Disposition
     of a violation of section 3802 to attend a treatment program for
     alcohol or drug addiction must successfully complete all
     requirements of the treatment program ordered by the court
     before the defendant's operating privilege may be restored.
     Successful completion of a treatment program includes the
     payment of all court-imposed fines and costs, as well as fees to
     be paid to the treatment program by the defendant. For the
     purposes of restoring a suspended license, being current on a
     payment plan shall be considered as a part of a successfully
     completed program. If a defendant fails to successfully complete
     the requirements of a treatment program, the suspension shall
     remain in effect until the defendant completes the program and
     is otherwise eligible for restoration of his operating
     privilege. The treatment agency shall immediately notify the
     court of successful completion of the treatment program. The
     final decision as to whether a defendant has successfully
     completed the treatment program rests with the court.
        (e)  Request for hearing.--A person whose operating privilege
     has been suspended or revoked may request at any time during the
     suspension or revocation, and the department shall provide, a
     hearing if the person believes that credit toward the person's
     suspension or revocation has not been given by the department
     under section 1540. The department shall issue its final ruling
     within 60 days following the hearing or the submission of any
     posthearing filings.
     (Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 11, 1990,
     P.L.513, No.122, eff. Dec. 1, 1990; Dec. 7, 1994, P.L.820,
     No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143, eff. 9
     months; Dec. 21, 1998, P.L.1126, No.151, eff. 1 year; Oct. 4,
     2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120,
     No.24, eff. Feb. 1, 2004; May 11, 2006, P.L.159, No.37, eff. 60
     days; May 11, 2006, P.L.164, No.40, eff. 60 days; Oct. 27, 2006,
     P.L.1182, No.122, eff. 60 days)

        2006 Amendments.  Act 37 amended subsec. (d), Act 40 amended
     subsec. (a.1) and Act 122 added subsec. (e).
        2003 Amendment.  Act 24 amended subsecs. (a.1), (c) and (d).
        2002 Amendment.  Act 123 amended the section heading and
     subsec. (a).
        Cross References.  Section 1541 is referred to in section
     3815 of this title.