2022 Pennsylvania Consolidated & Unconsolidated Statutes
Act 107 - VEHICLE CODE (75 PA.C.S.) - SUSPENSION OF OPERATING PRIVILEGE

Session of 2022

No. 2022-107

HB 987

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in licensing of drivers, further providing for suspension of operating privilege.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  Section 1532(d) of Title 75 is amended and subsection (b) is amended by adding a paragraph to read:

§ 1532.  Suspension of operating privilege.

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(b)  Suspension.--

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(6)  Beginning as soon as practicable, but no later than 10 months after the effective date of this paragraph, the department shall update driver records as follows:

(i)  If a driver record shows on the effective date of this paragraph an active sanction imposed by the department for a conviction of any offense under a Federal, State or other state's controlled substance laws, except for an offense under subsection (a), the driver record will be changed to indicate the active departmental sanction has ended. The following shall apply:

(A)  If the ending of the active departmental sanction means a driver's operating privilege is eligible for restoration, no points will be placed on the driver record as required by section 1545 (relating to restoration of operating privilege) and no restoration fee shall be imposed as required by section 1960 (relating to reinstatement of operating privilege or vehicle registration).

(B)  If a driver record shows a pending departmental sanction after the active sanction imposed by the department for a conviction of any offense under a Federal, State or other state's controlled substance laws, except for an offense under subsection (a), the effective dates of the pending departmental sanction will be adjusted as if the active sanction ended under this subsection had been rescinded from the record.

(ii)  If a driver record shows on the effective date of this paragraph a pending sanction imposed by the department for a conviction of any offense under a Federal, State or other state's controlled substance laws, except for an offense under subsection (a), the driver record will be changed to indicate that the pending sanction will not be imposed. The effective dates for a departmental sanction to be imposed after a conviction of any offense under a Federal, State or other state's controlled substance laws will be adjusted as if the controlled substance-related departmental sanction had been rescinded from the record.

(iii)  If a driver record shows on the effective date of this paragraph an active suspension imposed under former subsection (d), the driver record will be changed to indicate the suspension has ended. The following shall apply:

(A)  If the ending of the suspension means the driver's operating privilege is eligible for restoration, no restoration fee shall be imposed as required by section 1960.

(B)  If the driver record shows any pending departmental sanction after the suspension imposed under former subsection (d), the effective dates of any such pending departmental sanction will be adjusted as if the suspension ended under this section had been rescinded from the record.

(iv)  If the driver record shows on the effective date of this paragraph a pending suspension imposed under former subsection (d), the driver record will be changed to indicate the suspension will not be imposed. The effective dates for any departmental sanctions to be imposed after the pending suspension under former subsection (d) will be adjusted as if the pending suspension had been rescinded from the record.

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[(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.]

Section 2.  This act shall take effect in 60 days.

APPROVED--The 3rd day of November, A.D. 2022.

TOM WOLF