2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 16 - Commercial Drivers
1613 - Implied consent requirements for commercial motor vehicle drivers.

     § 1613.  Implied consent requirements for commercial motor
                vehicle drivers.
        (a)  Implied consent.--A person who drives a commercial motor
     vehicle in this Commonwealth is deemed to have given consent to
     take a test or tests of the person's breath, blood or urine for
     the purpose of determining the person's alcohol concentration or
     the presence of other controlled substances.
        (b)  Tests ordered by police officer.--A test or tests may be
     administered at the direction of a police officer who, after
     stopping or detaining the commercial motor vehicle driver, has
     reasonable grounds to believe that the driver was driving a
     commercial motor vehicle while having any alcohol in his system.
        (c)  Warning against refusal.--A person requested to submit
     to a test as provided in subsection (a) shall be warned by the
     police officer requesting the test that refusal to submit to the
     test will result in the person's being disqualified from
     operating a commercial motor vehicle under subsection (e).
        (d)  Report on test refusal.--If the person refuses testing,
     the police officer shall submit a sworn report to the department
     certifying that the test was requested pursuant to subsection
     (a) and that the person refused to submit to testing.
        (d.1)  Disqualification for refusal.--Upon receipt of a
     report of test refusal, the department shall disqualify the
     person who is the subject of the report for the same period as
     if the department had received a report of the person's
     conviction for violating one of the offenses listed in section
     1611(a) (relating to disqualification). A person who is
     disqualified as a result of a report of test refusal that
     originated in this Commonwealth shall have the same right of
     appeal as provided for in cases of suspension. Where the report
     of test refusal originated from another state or other foreign
     jurisdiction, the review of a court on an appeal from a
     disqualification under this subsection shall be limited to
     whether the department has received a report of refusal and
     whether the person has successfully established one of the
     following defenses:
            (1)  The person being disqualified is not the one
        identified in the report.
            (2)  The person has successfully contested the report in
        the jurisdiction from which it originated.
            (3)  The department has erred in determining the length
        of the disqualification to be imposed as a result of the
        report of test refusal.
        (d.2)  Limitation on noncommercial motor vehicle-based
     refusal.--A report of test refusal which occurred prior to the
     effective date of this subsection and which did not involve a
     commercial motor vehicle shall not be considered by the
     department for purposes of applying a disqualification pursuant
     to this section.
        (d.3)  Definition.--As used in this section, the term "report
     of test refusal" shall mean the following:
            (1)  A report of a police officer submitted to the
        department that a person refused to submit to testing
        requested under this section.
            (2)  A notice by a police officer to the department of a
        person's refusal to take a test requested pursuant to section
        1547 (relating to chemical testing to determine amount of
        alcohol or controlled substance) where the person was a
        commercial driver at the time relevant to the refusal.
            (3)  Any document, including an electronic transmission,
        submitted to the department from a court of competent
        jurisdiction indicating that a person was convicted of an
        offense that involves the refusal to submit to testing for
        alcohol or controlled substances where the person was a
        commercial driver at the time of the violation.
            (4)  Any document, including an electronic transmission,
        submitted to the department from a court, administrative
        tribunal, administrative agency or police officer or other
        agent of another state or other foreign jurisdiction
        indicating that a person refused to take a test requested to
        aid enforcement of a law against driving while under the
        influence of alcohol or a controlled substance where the
        person was a commercial driver at the time relevant to the
        refusal.
        (e)  Disqualification for refusal.--(Deleted by amendment).
        (f)  Appeal of disqualification.--(Deleted by amendment).
     (July 5, 2005, P.L.100, No.37)

        2005 Amendment.  Act 37 added subsecs. (d.1), (d.2) and (d.3)
     and deleted subsecs. (e) and (f). Section 10(2) of Act 37
     provided that Act 37 shall take effect 90 days after publication
     of a notice in the Pennsylvania Bulletin. The notice was
     published July 16, 2005, at 35 Pa.B. 4029.
        Cross References.  Section 1613 is referred to in sections
     1611, 1612 of this title.

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