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2022 Pennsylvania Consolidated & Unconsolidated Statutes
Title 75 - VEHICLES
Chapter 15 - Licensing of Drivers
Section 1532 - Suspension of operating privilege

Universal Citation:
75 PA Cons Stat § 1532 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 1532. Suspension of operating privilege.

(a) One-year suspension.--The department shall suspend the operating privilege of any driver for one year upon receiving a certified record of the driver's conviction of or an adjudication of delinquency based on any of the following offenses:

(1) Any felony in the commission of which a court determines that a vehicle was essentially involved.

(2) (Deleted by amendment).

(3) Any violation of the following provisions:

Section 3735.1 (relating to aggravated assault by vehicle while driving under the influence).

Section 3742 (relating to accidents involving death or personal injury).

Section 3742.1 (relating to accidents involving death or personal injury while not properly licensed).

Section 7111 (relating to dealing in titles and plates for stolen vehicles).

Section 7121 (relating to false application for certificate of title or registration).

Section 7122 (relating to altered, forged or counterfeit documents and plates).

(a.1) Three-year suspension.--The department shall suspend the operating privilege of any driver for three years upon receiving a certified record of the driver's conviction of or an adjudication of delinquency based on a violation of any of the following offenses:

(1) Any violation of section 3732 (relating to homicide by vehicle).

(2) Any violation of section 3735 (relating to homicide by vehicle while driving under influence).

(b) Suspension.--

(1) The department shall suspend the operating privilege of any driver for six months upon receiving a certified record of the driver's conviction of or an adjudication of delinquency based on any offense under the following provisions:

Section 3367 (relating to racing on highways).

Section 3714(b) (relating to careless driving).

Section 3734 (relating to driving without lights to avoid identification or arrest).

Section 3736 (relating to reckless driving).

Section 3743 (relating to accidents involving damage to attended vehicle or property).

(2) The department shall suspend the operating privilege of any driver for six months upon receiving a certified record of the driver's conviction of a subsequent offense under section 1501(a) (relating to drivers required to be licensed) if the prior offense occurred within five years of the violation date of the subsequent offense.

(3) The department shall suspend the operating privilege of any driver for 12 months upon receiving a certified record of the driver's conviction of section 3733 (relating to fleeing or attempting to elude police officer) or a substantially similar offense reported to the department under Article III of section 1581 (relating to Driver's License Compact), or an adjudication of delinquency based on section 3733. The department shall suspend the operating privilege of any driver for six months upon receiving a certified record of a consent decree granted under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based on section 3733.

(4) The department shall suspend the operating privilege of any driver for three months upon receiving a certified record of the driver's conviction of section 1371 (relating to operation following suspension of registration) or 3718 (relating to minor prohibited from operating with any alcohol in system) or an adjudication of delinquency based on section 1371.

(5) The department shall suspend the operating privilege of any driver for three months upon receiving a certified record of the driver's conviction of or an adjudication of delinquency based on section 3714(c).

(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.

(c) Suspension.--The department shall suspend the operating privilege of any person 21 years of age or younger upon receiving a certified record of the person's conviction or adjudication of delinquency under 18 Pa.C.S. § 2706 (relating to terroristic threats) committed on or against any school property, including any public school grounds, during any school-sponsored activity or on any conveyance providing transportation to a school entity or school-sponsored activity in accordance with the following:

(1) The period of suspension shall be as follows:

(i) For a first offense, a period of six months from the date of the suspension.

(ii) For a second offense, a period of one year from the date of the suspension.

(iii) For a third and any subsequent offense thereafter, a period of two years from the date of the suspension.

(2) For the purposes of this subsection, the term "conviction" shall include any conviction or adjudication of delinquency for any of the offenses listed in paragraph (1), whether in this Commonwealth or any other Federal or state court.

(d) Additional suspension.--(Deleted by amendment).

(Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; May 30, 1990, P.L.173, No.42; July 10, 1990, P.L.356, No.83, eff. Nov. 1, 1990; June 28, 1993, P.L.137, No.33, eff. 60 days; July 2, 1993, P.L.408, No.58, eff. 60 days; Feb. 10, 1994, P.L.20, No.3, eff. 60 days; Dec. 12, 1994, P.L.1048, No.143, eff. 9 months; Dec. 27, 1994, P.L.1337, No.154, eff. 180 days; Dec. 21, 1998, P.L.1126, No.151; June 25, 1999, P.L.164, No.23, eff. 180 days; Oct. 2, 2002, P.L.801, No.114, eff. imd.; Oct. 4, 2002, P.L.845, No.123; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; Dec. 8, 2004, P.L.1791, No.237, eff. 150 days; Oct. 24, 2018, P.L.659, No.95, eff. 180 days; Nov. 3, 2022, P.L.1692, No.107, eff. 60 days)

2022 Amendment. Act 107 added subsec. (b)(6) and deleted subsec. (d).

2018 Amendment. Act 95 amended subsec. (c).

2004 Amendment. Act 237 amended subsec. (b).

2002 Amendments. Act 114 amended subsec. (a) and Act 123 amended subsecs. (a) and (b)(4) and added subsec. (a.1), effective immediately as to the deletion of the reference to sections 7102(b) and 7103(b) in subsec. (a)(3) and six months as to the remainder of the amendment. Act 123 overlooked the amendment by Act 114, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsec. (a). See section 2 of Act 114 and section 11 of Act 123 in the appendix to this title for special provisions relating to petition for removal of suspensions or revocations.

1998 Amendment. Act 151 amended the section heading and subsecs. (a) intro. par. and (3) and (b)(3), effective immediately as to subsec. (b)(3) and 60 days as to the remainder of the section.

1994 Amendments. Act 3 added subsec. (c), Act 143 amended subsec. (b)(2) and (4) and added subsec. (d) and Act 154 amended subsec. (b)(1) and (3). The amendment by Act 3 is identical to the amendments by Acts 33 and 58 of 1993 and therefore the text has been merged. See section 8 of Act 3 in the appendix to this title for special provisions relating to savings provision.

1993 Amendment. See section 12 of Act 58 in the appendix to this title for special provisions relating to savings provision.

References in Text. 18 Pa.C.S. § 6310.4, referred to in subsec. (d), was repealed by the act of October 24, 2018 (P.L.659, No.95).

Cross References. Section 1532 is referred to in sections 1534, 1539, 1553, 1554, 1556, 1575, 1783, 6146, 6323 of this title.

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