|
75
Pa. C. S. § 1532. Suspension of operating privilege
75 Pa. C. S. § 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 2002, Oct. 4, P.L. 845, No. 123, § 2, effective
in 60 days.
(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).
(c) SUSPENSION.-- The department shall suspend the operating
privilege of any person upon receiving a certified record of the person's conviction
of any offense involving the possession, sale, delivery, offering for sale, holding
for sale or giving away of any controlled substance under the laws of the United
States, this Commonwealth or any other state, or 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 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.
(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.-- 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.
Full text statute provided. Reading
the law does not substitute for professional legal advice, and
PATICKET.COM does not provide legal advice or help. You should consider
hiring or consulting
with an attorney. Further, all statutes are interpreted by case law
which is not included here, and which may or may not change the plain
language of the vehicle code statute in question, and or effect the various
burdens, presumptions, defenses, and prosecution theories applicable
to the statute in any given setting or hearing. Traffic Court is a serious
matter, and a conviction for a violation can result in fines, costs,
insurance premium increases, license suspension, and even jail time. |
|