75 Pa. C. S. § 1553. Occupational limited license

§ 1553.  Occupational limited license


    (a) ISSUANCE.--
 
   (1) The department shall issue an occupational limited license under the provisions of this section to a driver whose operating privileges have been suspended and is not prohibited under any other provision in this section. If the underlying reason for the suspension was caused by violations committed while the driver was operating a commercial motor vehicle, the driver shall not be issued an occupational limited license for the purpose of operating a commercial motor vehicle. The department shall prohibit the issuance of an occupational limited license when disqualified from doing so under the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et seq.) or the Motor Carrier Safety Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1748).

(2) The department shall not issue an occupational limited license to drivers whose operating privileges have been recalled, canceled or revoked.
 
   (b) PETITION.--
 
   (1) The applicant for an occupational limited license must file a petition with the department, by certified mail, setting forth in detail the need for operating a motor vehicle. The petition shall be on a form prescribed by the department and shall identify the specific motor vehicle or vehicles the petitioner seeks permission to operate. The petition shall include an explanation as to why the operation of a motor vehicle is essential to the petitioner's occupation, work, trade, treatment or study. The petition shall identify the petitioner's employer, educational institution or treatment facility, as appropriate, and shall include proof of financial responsibility covering all vehicles which the petitioner requests to be allowed to operate. The department shall promulgate regulations to require additional information as well as additional evidence to verify the information contained in the petition.

(2) The petitioner shall surrender his driver's license in accordance with section 1540 (relating to surrender of license). If the petitioner's driver's license has been lost or stolen, the petitioner shall submit an application for a replacement license, along with the proper fee. If the petitioner is a nonresident licensed driver, the petitioner shall submit an acknowledgment of suspension in lieu of a driver's license. If the petitioner's license has expired, the petitioner shall submit an application for renewal, along with the appropriate fee. All fines, costs and restoration fees must be paid at the time of petition.

(3) Consistent with the provisions of this section, the department shall issue an occupational limited license to the applicant within 20 days of receipt of the petition.

(4) (i) A person whose operating privilege has been suspended for a conviction of section 1543 (relating to driving while operating privilege is suspended or revoked) may not petition for an occupational limited license unless department records show that the suspension for a conviction of section 1543 occurred only as the result of:
 
    (A) a suspension for failure to respond to a citation imposed under the authority of section 1533 (relating to suspension of operating privilege for failure to respond to citation) or 6146 (relating to enforcement agreements);

(B) a suspension for failure to undergo a special examination imposed under the authority of section 1538(a) (relating to school, examination or hearing on accumulation of points or excessive speeding);

(C) a suspension for failure to attend a departmental hearing imposed under the authority of section 1538(b); or

(D) a suspension that occurred as a result of a violation of section 1772(b) (relating to suspension for nonpayment of judgments), 1774 (relating to payments sufficient to satisfy judgments) or 1775 (relating to installment payment of judgments).

     (ii) The petition may not be filed until three months have been
     served for the suspension under section 1543(a).
 
   (c) FEE.-- The fee for applying for an occupational limited license shall be $ 50. This fee shall be nonrefundable and no other fee shall be required.
 
   (d) UNAUTHORIZED ISSUANCE.-- The department shall prohibit issuance of an occupational limited license to:
 
   (1) A driver who is not licensed to drive by this or any other state.
 
   (2) Any person who is required by this title to take an examination and who has failed to take and pass such an examination.
 
   (3) Any person who has an unsatisfied judgment against him as the result of a motor vehicle operation, until such judgment has been satisfied under the provisions of section 1774 (relating to payments sufficient to satisfy judgments) or an installment agreement has been entered into to satisfy the judgment as permitted under section 1772(b) (relating to suspension for nonpayment of judgments) or 1775 (relating  to installment payment of judgments) and the financial responsibility of such person has been established.
 
   (4) Any person applying for an occupational limited license to operate a commercial motor vehicle whose commercial driver's license privilege is disqualified under the provisions of section 1611 (relating to disqualification).
 
   (5) Any person who, at the time he applies for an occupational limited license, has previously been granted such a privilege within the period of five years next preceding such application.
 
   (6) Any person who has been adjudicated delinquent, granted a consent decree or granted Accelerated Rehabilitative Disposition for driving under the influence of alcohol or controlled substance unless the suspension or revocation imposed for that conviction has been fully served.
 
   (7) Any person whose operating privilege has been suspended for refusal to submit to chemical testing to determine the amount of alcohol or controlled substance unless that suspension has been fully served.
 
   (8) Except as set forth in subsections (d.1) and (d.2), any person who has been convicted of driving under the influence of alcohol or controlled substance and whose license has been suspended by the department unless the suspension imposed has been fully served.
 
   (9) Except as set forth in subsection (d.3), any person whose operating privilege has been suspended for a violation of 8 Pa.C.S. § 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) unless the suspension imposed has been fully served.
 
   (10) Any person whose operating privilege has been suspended pursuant to either section 13(m) of the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or section 1532(c) (relating to suspension of operating privilege) unless the suspension imposed has been fully served.
 
   (11) Any person whose operating privilege has been suspended or revoked as the result of a conviction of or as a result of a court order in conjunction with an adjudication of delinquency or the granting of a consent decree for any offense under the following provisions, unless the suspension or vocation has been fully served:
 
     Section 3345(a) (relating to meeting or overtaking school bus).
 
     Section 3367 (relating to racing on highways).
 
     Any violation of Ch. 37 Subch. B (relating to serious traffic
     offenses) or C (relating to accidents and accident reports).
 
   (12) Any person whose operating privilege is currently suspended for failure to respond to a citation pursuant to section 1533 or 6146.
 
   (13) Any person whose operating privilege is currently suspended pursuant to section 1784 (relating to proof of financial responsibility following violation), 1785 (relating to proof of financial responsibility following accident) or 1786 (relating to required financial responsibility).
 
   (14) Any person whose operating privilege is currently suspended for failure to attend and satisfactorily complete a driver improvement course or failure to attend a hearing required under section 1538.
 
   (15) Any person whose operating privilege has been suspended for a conviction of section 1543 unless department records show that the suspension for a conviction of section 1543 occurred only as a result of:
 
     (i) a suspension for failure to respond to a citation imposed under the authority of section 1533 or 6146;
 
     (ii) a suspension for failure to undergo a special examination
     imposed under the authority of section 1538(a); or
 
     (iii) a suspension for failure to attend a departmental hearing
     imposed under the authority of section 1538(b).
 
   (16) Any person whose operating privilege has been suspended under an interjurisdictional agreement as provided for in section 6146 as the result of a conviction or adjudication if the conviction or adjudication for an equivalent offense in this Commonwealth would have prohibited the issuance of an occupational limited license.
 
   (17) Any person whose operating privilege has been suspended as the result of a conviction of a violation of section 7102(b) (relating to removal or falsification of identification number), 7103(b) (relating to dealing in vehicles with removed or falsified numbers), 7111 (relating to dealing in titles and plates for stolen vehicles), 7121 (relating to false application for certificate of title or registration) or 7122 (relating to altered, forged or counterfeit documents and plates) unless the suspension has been fully served.
 
   (18) Any person whose operating privilege has been suspended under section 1532 (a.1) for conviction or adjudication of delinquency based on a violation of section 3732 (relating to homicide by vehicle) or 3735 (relating to homicide by vehicle while driving under influence).
 
   (D.1) ADJUDICATION ELIGIBILITY.-- An individual who has been convicted of an offense under section 3802 (relating to driving under influence of alcohol or controlled substance) and does not have a prior offense as defined in section 3806(a) (relating to prior offenses) shall be eligible for an occupational limited license only if the individual has served 60 days of the suspension imposed for the offense.
 
   (D.2) SUSPENSION ELIGIBILITY.--
 
   (1) An individual whose license has been suspended for a period of 18 months under section 1547(b)(1)(ii) (relating to chemical testing to determine amount of alcohol or controlled substance) or 3804(e)(2)(ii) (relating to penalties) shall not be prohibited from obtaining an occupational limited license under this section if the individual:
 
     (i) is otherwise eligible for restoration;
 
     (ii) has served 12 months of the suspension imposed for the offense;
 
     (iii) has no more than one prior offense as defined in section
     3806(b);
 
     (iv) only operates a motor vehicle equipped with an ignition
     interlock system as defined in section 3801 (relating to
     definitions); and
 
     (v) has certified to the department under paragraph (3).
 
   (2) A period of ignition interlock accepted under this subsection shall not count towards the one-year mandatory period of ignition interlock  imposed under section 3805 (relating to ignition interlock).
 
   (3) If an individual seeks an occupational limited license under this subsection, the department shall require that each motor vehicle owned or registered to the person has been equipped with an ignition interlock system as defined in section 3801 as a condition of issuing an occupational limited license with an ignition interlock restriction.
 
   (D.3) SUSPENSION ELIGIBILITY RELATED TO TITLE 18 VIOLATION.-- An individual whose operating privilege has been suspended for a violation of 18 Pa.C.S. § 6308 shall be eligible for an occupational limited license unless the individual has previously violated 18 Pa.C.S. § 6308.
 
   (e) OFFENSES COMMITTED DURING A PERIOD FOR WHICH AN OCCUPATIONAL LIMITED LICENSE HAS BEEN ISSUED.-- Any driver who has been issued an occupational limited license and as to whom the department receives a report of conviction of an offense for which the penalty is a cancellation, disqualification, recall, suspension or revocation of operating privileges or a report under section 3815(c)(4) (relating to mandatory sentencing) shall have the occupational limited license recalled, and the driver shall surrender the limited license to the department or its agents designated under the authority of section 1540.
 
   (f) RESTRICTIONS.-- A driver who has been issued an occupational limited license shall observe the following:
 
   (1) The driver shall operate a designated vehicle only:
 
     (i) Between the driver's place of residence and place of employment or study and as necessary in the course of employment or conducting a business or pursuing a course of study where the operation of a motor vehicle is a requirement of employment or of conducting a business or of pursuing a course of study.
 
     (ii) To and from a place for scheduled or emergency medical  examination or treatment. This subparagraph includes treatment  required under Chapter 38 (relating to driving after imbibing alcohol or utilizing drugs).
 
   (2) A driver who has been issued an occupational limited license shall not operate a school bus.
 
   (3) Any person who violates the conditions of issuance or restrictions of the occupational limited license commits a summary offense and shall, upon conviction, pay a fine of $ 200 and, upon receipt of a certified record of conviction, the department shall recall the limited license.
 
   (4) The operating privilege of a driver who has been issued an occupational limited license remains under suspension or revocation except when operating a motor vehicle in accordance with the conditions of issuance or restrictions of the occupational limited license.
 
   (5) A driver who has been issued an occupational limited license shall possess a completed occupational limited license affidavit on a form prescribed by the department at all times when operating a motor vehicle. The driver shall exhibit the completed form upon demand by a police officer. The affidavit shall indicate that the driver is operating the motor vehicle at a time and between places in accordance with the restrictions of paragraph (1). An occupational limited license affidavit shall contain information required by regulations which shall be promulgated by the department. The driver is not required to possess a completed occupational limited license affidavit when operating a motor vehicle to a location for emergency medical  treatment.
 
   (g) CHANGES IN CONDITION.-- A driver who is granted an occupational limited license shall immediately inform the department in writing of any change in the conditions under which that driver applied for the occupational limited license. Upon failure to give prompt notice of any changes or if the conditions for the limited license no longer exist, the department shall recall the occupational limited license.
 
   (h) APPEAL FROM DENIAL OR RECALL OF OCCUPATIONAL LIMITED LICENSE.-- Any driver who is denied an occupational limited license or whose occupational limited license is recalled may file with the department a petition for a hearing. The hearing shall be conducted in accordance with Title 2 (relating to administrative law and procedure). The department may charge a reasonable fee based on the cost to the department for conducting such a hearing. The appeal shall not operate as an automatic supersedeas. If an administrative hearing officer orders a supersedeas in any appeal, the petitioner shall earn no credit towards serving the suspension for which the petitioner was granted an occupational limited license. An appeal from a decision of an administrative hearing officer may be taken in the manner provided in 42 Pa.C.S. § 763(a) (relating to direct appeals from government agencies). Appeals under this subchapter are exempt from the provisions of section 1550(b) (relating to judicial review) and from the provisions of 42 Pa.C.S. § 933 (relating to appeals from government agencies).