2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
1554 - Probationary license.

     § 1554.  Probationary license.
        (a)  Issuance.--Unless otherwise prohibited under any other
     provision in this section, the department may issue a
     probationary license under this section to:
            (1)  a person who has been designated as a habitual
        offender under section 1542 (relating to revocation of
        habitual offender's license) and whose operating privilege
        has been revoked; or
            (2)  a person with an accumulation of suspensions or
        revocations wherein the cumulative term of suspension or
        revocation is five or more years.
     The department may issue a probationary license for the
     operation of only a Class C noncommercial motor vehicle.
        (b)  Petition.--
            (1)  An applicant for a probationary license must file a
        petition with the department by certified mail setting forth
        in detail the need for operating a motor vehicle. The
        petition shall be on a form prescribed by the department and
        shall identify the specific motor vehicles the petitioner
        seeks permission to operate. The petition shall include the
        operator's name, address and operator number and proof of
        financial responsibility. The department may require
        additional information as well as verification of the
        information contained in the petition. All fines, costs and
        restoration fees must be paid at the time of the petition.
            (2)  Before being eligible to petition for a probationary
        license, a person must have served and earned credit toward
        serving the following terms of suspension or revocation for
        offenses enumerated in sections 1532 (relating to revocation
        or suspension of operating privilege), 1539 (relating to
        suspension of operating privilege on accumulation of points)
        and 1543 (relating to driving while operating privilege is
        suspended or revoked):
                (i)  A person with one to seven offenses must have
            earned credit for at least a three-year term of
            suspension or revocation.
                (ii)  A person with 8 to 14 offenses must have earned
            credit for at least a four-year term of suspension or
            revocation.
                (iii)  A person with 15 to 21 offenses must have
            earned credit for at least a five-year term of suspension
            or revocation.
                (iv)  A person with 22 or more offenses must have
            earned credit for at least a six-year term of suspension
            or revocation.
            (3)  The applicant must prove to the satisfaction of the
        department that the applicant has not driven a motor vehicle
        during the minimum period of suspension or revocation.
        (c)  Fee.--The fee for applying for a probationary license
     shall be $25. The fee shall be nonrefundable. The annual fee for
     issuance of a probationary license shall be $50, plus the cost
     of the photograph required in section 1510(a) (relating to
     issuance and content of driver's license), which shall be in
     addition to all other licensing fees.
        (d) Initial issuance.--
            (1)  Prior to issuance of a probationary license, the
        petitioner must be interviewed at a departmental review
        session.
            (2)  The department may require the petitioner to
        satisfactorily complete one or more of the following:
                (i)  A driver improvement program, the cost of the
            program to be borne by the petitioner.
                (ii)  Any examination as provided for in section 1508
            (relating to examination of applicant for driver's
            license).
                (iii)  A special examination that addresses knowledge
            of safe driving practices, departmental sanctions and
            related safety issues.
            (3)  The probationary license shall be issued only upon
        recommendation of the department.
            (4)  If the applicant recommended for a probationary
        license is not licensed to drive in this or any other state,
        the licensee shall not immediately be issued a probationary
        license. The applicant shall be permitted to apply for a
        Class C learner's permit under the provisions of section
        1505(a) (relating to learners' permits). Thirty days after
        the issuance of the learner's permit, the applicant shall be
        eligible to test for a driver's license under the provisions
        of section 1508(a). If the applicant successfully passes all
        the required examinations, the department then may issue a
        probationary license to the applicant.
        (e)  Renewal.--The department may require a probationary
     license holder to attend a departmental review session and to
     satisfactorily complete a driver improvement program or special
     examination preceding renewal of the probationary license.
        (f)  Unauthorized issuance.--The department shall not issue a
     probationary license to:
            (1)  A person who has not fully served a minimum term of
        suspension or revocation under the provisions of subsection
        (b)(2).
            (2)  Except as provided in subsection (d)(4), a person
        who is not licensed to drive by this or any other state.
            (3)  A person whose operating privilege is currently
        suspended under section 1533 (relating to suspension of
        operating privilege for failure to respond to citation) or
        6146 (relating to enforcement agreements).
            (4)  A person who has not satisfactorily completed a
        driver improvement course or special examination or who has
        not attended a hearing required under section 1538 (relating
        to school, examination or hearing on accumulation of points
        or excessive speeding).
            (5)  A person against whom there is an unsatisfied
        judgment resulting from the operation of a motor vehicle,
        until the judgment has been satisfied under the provisions of
        section 1774 (relating to payments sufficient to satisfy
        judgments) or an installment agreement has been entered into
        to satisfy the judgment as permitted under section 1772(b)
        (relating to suspension for nonpayment of judgments) or 1775
        (relating to installment payment of judgments) and the
        financial responsibility of the person has been established.
            (6)  (Deleted by amendment).
            (7)  A person who has previously been issued a
        probationary license.
            (8)  A person who has been convicted of a violation of
        section 3802 (relating to driving under influence of alcohol
        or controlled substance) or former section 3731, within the
        preceding seven years.
            (9)  A person who has been suspended for refusal to
        submit to chemical testing to determine the amount of alcohol
        or controlled substance within the preceding seven years.
            (10)  A person who has been granted Accelerated
        Rehabilitative Disposition for the offense of driving under
        the influence of alcohol or a controlled substance within the
        preceding seven years.
            (11)  A person who has ever been convicted of a violation
        of section 3732 (relating to homicide by vehicle) or 3735
        (relating to homicide by vehicle while driving under
        influence).
            (12)  A person convicted of a violation of section
        1543(b) within the preceding seven years.
            (13)  A person who has been convicted of a violation of
        section 3742.1 (relating to accidents involving death or
        personal injury while not properly licensed) within the
        preceding seven years.
            (14)  A person who has been convicted of a violation of
        section 3735.1 (relating to aggravated assault by vehicle
        while driving under the influence) within the preceding seven
        years.
        (g)  Offenses or violations committed during a period for
     which a probationary license has been issued.--
            (1)  If a person who has been issued a probationary
        license is convicted of any of the offenses enumerated in
        section 1535 (relating to schedule of convictions and
        points), the probationary license shall be recalled for 30
        days for each point accumulated, and the person shall
        surrender the probationary license to the department or its
        agents designated under the authority of section 1540
        (relating to surrender of license).
            (2)  If a person who has been issued a probationary
        license is convicted, adjudicated delinquent or admitted to
        any preadjudication program for an offense for which the
        penalty is suspension, cancellation, disqualification or
        revocation of the operating privilege or if the department
        receives a report that the person has refused to submit to
        chemical testing as required by section 1547 (relating to
        chemical testing to determine amount of alcohol or controlled
        substance) or a report that the driver has been granted a
        consent decree or Accelerated Rehabilitative Disposition, the
        probationary license shall be canceled, and the person shall
        surrender the probationary license to the department or its
        agents designated under the authority of section 1540.
        (h)  Restrictions on use of probationary license.--
            (1)  For the first three years after initial issuance of
        a probationary license, the person who has been issued the
        probationary license shall operate only the specific motor
        vehicles identified in the petition filed with the department
        and only between the hours of 6 a.m. and 7 p.m. or such later
        hour as may be agreed to by the department.
            (2)  Any person who violates the conditions of issuance
        or restrictions of a probationary license commits a summary
        offense and shall, upon conviction, be sentenced to pay a
        fine of $500, and the department shall recall the
        probationary license for a period of one year.
        (i)  Term of license.--A probationary license shall be valid
     for a period of one year from the date of issuance. If the
     driver has complied with the provisions of this section, the
     license may be renewed on an annual basis.
        (j)  Appeal from cancellation, denial or recall of
     probationary license.--
            (1)  A person who is denied a probationary license or
        whose probationary license is canceled or recalled may file
        with the department a petition for a hearing.
            (2)  The hearing shall be conducted in accordance with 2
        Pa.C.S. (relating to administrative law and procedure).
            (3)  The department may charge a reasonable fee based on
        the cost to the department for the hearing.
            (4)  The appeal shall not operate as an automatic
        supersedeas. If the administrative hearing officer orders a
        supersedeas, the petitioner shall earn no credit towards
        serving the suspension for which the petitioner was granted a
        probationary license.
            (5)  An appeal from a decision of an administrative
        hearing officer may be taken in the manner provided in 42
        Pa.C.S. § 763(a) (relating to direct appeals from government
        agencies). Such appeals are exempt from the provisions of
        section 1550(b) (relating to judicial review) and from the
        provisions of 42 Pa.C.S. § 933 (relating to appeals from
        government agencies).
        (k)  Limitation.--A person to whom a probationary license is
     issued for six consecutive years shall be eligible to apply for
     a regular driver's license at the fee prescribed by section
     1951(a) (relating to driver's license and learner's permit) upon
     satisfactory completion of the sixth year of the probationary
     license.
     (Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 21, 1998,
     P.L.1126, No.151; Oct. 4, 2002, P.L.845, No.123, eff. 60 days;
     Dec. 23, 2002, P.L.1982, No.229, eff. 60 days; Sept. 30, 2003,
     P.L.120, No.24, eff. Feb. 1, 2004)

        2003 Amendment.  Act 24 amended subsec. (f)(8).
        2002 Amendments.  Act 123 amended subsecs. (d), (f)(2) and
     (g) and Act 229 added subsec. (f)(13) and (14). See section 21
     of Act 229 in the appendix to this title for special provisions
     relating to promulgation of guidelines to implement Act 229.
        1998 Amendment.  Act 151 amended subsecs. (a) and (f)(4) and
     deleted subsec. (f)(6), effective in one year as to subsec. (a),
     July 1, 1999, as to subsec. (f)(4) and 60 days as to subsec.
     (f)(6).
        1994 Amendment.  Act 143 added section 1554.
        Cross References.  Section 1554 is referred to in section
     1516 of this title.