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Pa. C. S. § 1538. School, examination or hearing
on
accumulation of points or excessive speeding
§ 1538. School, examination or
hearing on
accumulation of points or excessive speeding
(a) INITIAL ACCUMULATION OF SIX POINTS.-- When any person's
record for the first time shows as many as six points, the department shall require
the person to attend an approved driver improvement school or undergo a special
examination and shall so notify the person in writing. Upon satisfactory attendance
and completion of the course or upon passing the special examination, two points
shall be removed from the person's record. Failure to attend and satisfactorily
complete the requirements of driver improvement school shall result in the suspension
of such person's operating privilege for 60 days. Failure to pass the examination
shall result in the suspension of the operating privilege until the examination
has been satisfactorily completed.
(b) SECOND ACCUMULATION OF SIX POINTS.--
(1) When any person's record has been reduced below six points
and for the second time shows as many as six points, the department
shall require the person to attend a departmental hearing. The hearing examiner
may recommend one or more of the following:
(i) That the person be required to attend a driver
improvement school.
(ii) That the person undergo an examination as
provided for in section 1508 (relating to examination of applicant
for driver's license).
(iii) That the person's driver's license be suspended
for a period not exceeding 15 days.
(2) The department may effect or modify the recommendations
of the hearing examiner but may not impose any sanction not recommended
by the hearing examiner.
(3) Upon completion of the sanction or sanctions imposed by
the department, two points shall be removed from the person's record.
(4) Failure to attend the hearing or to attend and satisfactorily
complete the requirements of a driver improvement school shall result in the suspension of such person's operating privilege for
60 days. Failure to pass an examination shall result in the suspension
of such person's operating privilege until the examination has been satisfactorily completed.
(c) SUBSEQUENT ACCUMULATIONS OF SIX POINTS.-- When any person's
record has been reduced below six points and for the third or subsequent time
shows as many as six points, the department shall require the driver to attend
a departmental hearing to determine whether the person's operating privilege
should be suspended for a period not to exceed 30 days. Failure to attend the
hearing or to comply with the requirements of the findings of the department
shall result in the suspension of the operating privilege until the person has
complied.
(d) CONVICTION FOR EXCESSIVE SPEEDING.--
(1) When any person is convicted of driving 31 miles per hour
or more in excess of the speed limit, the department shall require
the person to attend a departmental hearing. The hearing examiner may
recommend one or more of the following:
(i) That the person be required to attend a driver
improvement school.
(ii) That the person undergo an examination as
provided for in section 1508.
(iii) That the person have his driver's license
suspended for a period not exceeding 15 days.
(2) The department shall effect at least one of the sanctions
but may not increase any suspension beyond 15 days.
(3) Failure to attend the hearing or to attend and satisfactorily complete the requirements of a driver improvement school shall
result in the suspension of such person's operating privilege for
60 days. Failure to pass an examination shall result in the suspension
of such person's operating privilege until the examination has been satisfactorily completed.
(e) ADDITIONAL SUSPENSION OF OPERATING PRIVILEGE.--
(1) In addition to any other provisions of law relating to
the suspension or revocation of operating privileges, a person's
operating privileges shall be suspended under any of the following circumstances:
(i) Prior to reaching age 18, the person violates
section 3362 (relating to maximum speed limits) by traveling
26 miles per hour or more over the posted speed limit and the violation
results in a conviction, guilty plea or plea of no contest before
or after the person reaches age 18.
(ii) The person accumulates six or more points
under the provisions of section 1535 (relating to schedule of convictions
and points) and the violations resulting in points accumulation
were committed before the person reached age 18.
(2) The first suspension under paragraph (1) shall be for a
period of 90 days with every subsequent suspension under paragraph (1)
to be for a period of 120 days. Suspensions under paragraph (1) shall
be imposed consecutively to each other and to any other suspension. A
suspension under paragraph (1) shall be considered a subsequent suspension
even it if is imposed contemporaneously with a first suspension imposed
under paragraph (1).
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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. |
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