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Old 06-23-2006, 03:48 AM   #1
WhiteXFire
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PA Point System, Suspensions, Out of State Tickets

THE PENNSYLVANIA POINT SYSTEM AND HOW IT WORKS
http://www.dmv.state.pa.us/pdotforms...rms/dl-71p.pdf
http://www.dot3.state.pa.us/pdotform...ets/pub472.pdf

PENNDOT maintains a driving record for every licensed driver in Pennsylvania. Points are added to a driving record when a driver is found guilty of certain driving (moving) violations.

The purpose of the point system is to help to improve driving habits and to ensure safe driving. PENNDOT begins to take corrective actions when a driving record reaches 6 or more points. The following sections explain what happens when a driving record reaches 6 or more points:

Under the Age of 18
The driving privilege of a person under the age of 18 will be suspended if that person accumulates six (6) or more points or is convicted of driving 26 miles per hour or more over the posted speed limit. The first suspension will be for a period of 90 days. Any additional occurrences will result in a suspension of 120 days. This suspension is in addition to the requirements of the point system found below.

First Accumulation of 6 Points
When any driving record reaches 6 or more points for the first time, the driver will receive a written notice to take a special written point examination. The examination will address:
1. Knowledge of Safe Driving Practices,
2. Knowledge of Departmental Sanctions,
and
3. Knowledge of Related Safety Issues.

The driver has 30 days to successfully pass the exam or else the license will be suspended until the exam is passed. If the exam is passed within the 30 day period, 2 points will be removed from the driving record.

Second Accumulation of 6 Points
When any driving record is reduced below 6 points and then for a second time reaches 6 or more points, the driver will have to attend a Departmental hearing. The driver will receive a written notice of the specific time and location of the required hearing. At the hearing, a hearing examiner will review the driver's record. After the hearing, the Department may recommend one or more:
1. Order a 15 Day License Suspension,
2. Order the Driver to Take a Special On-Road Driver's Examination,
or
3. Take no action.

If a person's driving privilege is suspended or a special driver's exam is recommended, 2 points will be removed from the driving record if the driver passes the exam within 30 days or 2 points will be removed once the 15 day
suspension has been served. No points are removed from the driving record if the Department does not initiate a sanction. Failure to attend this Departmental hearing will result in a 60 day license suspension.

Third or More Accumulation of 6 Points
When any driving record is reduced below 6 points and for the third or subsequent time reaches 6 or more points, the driver will have to attend a Departmental hearing. The hearing examiner will review the driving record. The Department will then determine if a 30 day license suspension will be initiated. Failure to attend this Departmental hearing will result in the suspension of the driver's license until the driver attends the hearing.

Excessive Speeding
When a driver is convicted for speeding 31 miles per hour or more over the posted speed limit, the driver will have to attend a Departmental hearing. The driver will receive a written notice of the specific time and location of the required hearing. The hearing examiner will review the driving record. Upon
the Department's review of the hearing file, one or both of the following will be initiated:
1. 15 Day License Suspension
2. Special On-Road Driver's Examination

If a 15 day suspension is initiated, the driving record will show 5 points upon restoration. No points are removed if a special driver's examination is initiated and completed. Failure to attend this Departmental hearing will result in a 60 day license suspension.

Accumulation of 11 Points or More
When any driving record reaches 11 or more points, the driver's license will automatically be suspended. The length of suspension depends on how many times the license was suspended in the past. The suspension schedule is as follows:
1. First Suspension - 5 days per point
2. Second Suspension - 10 days per point
3. Third Suspension - 15 days per point
4. Subsequent Suspensions - One year

Point Removal for Safe Driving
Three (3) points are removed from a driving record for every 12 consecutive months a person drives (from the date of the last violation) without a violation which results in points, license suspension or revocation. Once a driving record is reduced to zero and remains at zero points for 12 consecutive months, any further accumulation of points is treated as the first accumulation of points.

License Suspension and Restoration
If a persons' driving privilege is to be suspended, a written notice will be mailed to the driver listing the date when the suspension will begin. The driver may appeal the suspension to his or her county's Court of Common Pleas. The appeal must be made WITHIN 30 DAYS AFTER the mailing date of the notice. The most recent product (ie, license, permit(s) and/or camera card) must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice or the State Police, local police or other authorities that have been delegated by the Department will be notified to pick up the license. In addition to serving the suspension or revocation, the appropriate restoration fee must be paid before the license will be returned. After the driving privilege is restored, the driving record will show 5 points, regardless of the number of points which appeared on the record before the license was suspended (except in the case of a 15 day suspension resulting from a hearing for the second accumulation of 6 points).

Notice of Change of Name or Address
Within 15 days of change of name or address, you are required by law to notify the Bureau of Driver Licensing in writing.

For Additional Information
If you have questions about your driving record or the Pennsylvania Point System in general, call:
In State: 1-800-932-4600
Out-of-State: 1-717-391-6190
TDD in State: 1-800-228-0676
TDD Out-of-State: 1-717-391-6191

Last edited by WhiteXFire; 01-24-2009 at 10:02 PM.
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Old 06-23-2006, 04:22 AM   #2
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Old 06-23-2006, 04:42 AM   #3
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§ 1532. Suspension of operating privilege.
http://members.aol.com/StatutesPA/75PA1532.html

(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. 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 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 3731 (relating to driving under influence of alcohol or controlled substance) or 3733 (relating to fleeing or attempting to elude police officer), or substantially similar offenses reported to the department under Article III of section 1581 (relating to Driver's License Compact), or an adjudication of delinquency based on section 3731 or 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 3731 or 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.

(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:
    • For a first offense, a period of six months from the date of the suspension.
    • For a second offense, a period of one year from the date of the suspension.
    • 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.

--------------------------------------------------------------------------

§ 1542. Revocation Of Habitual Offender's License
http://members.aol.com/StatutesPA/75PA1542.html

(a) General rule.--The department shall revoke the operating privilege of any person found to be a habitual offender pursuant to the provisions of this section. A "habitual offender" shall be any person whose driving record, as maintained in the department, shows that such person has accumulated the requisite number of convictions for the separate and distinct offenses described and enumerated in subsection (b) committed after the effective date of this title and within any period of five years thereafter.

(b) Offenses enumerated.--Three convictions arising from separate acts of any one or more of the following offenses committed by any person shall result in such person being designated as a habitual offender:
  • (1) Any violation of Subchapter B of Chapter 37 (relating to serious traffic offenses).
  • (2) Any violation of section 3367 (relating to racing on highways).
  • (3) Any violation of section 3742 (relating to accidents involving death or personal injury).
  • (3.1) Any violation of section 3742.1 (relating to accidents involving death or personal injury while not properly licensed). (4) Any violation of section 3743 (relating to accidents involving damage to attended vehicle or property).

(c) Accelerative Rehabilitative Disposition as an offense.--Acceptance of Accelerative Rehabilitative Disposition for any offense enumerated in subsection (b) shall be considered an offense for the purposes of this section.

(d) Period of revocation.--The operating privilege of any person found to be a habitual offender under the provisions of this section shall be revoked by the department for a period of five years.

(e) Additional offenses.--Each additional offense committed within a period of five years, as measured from the date of any previous offense, shall result in a revocation for an additional period of two years.

Subchapter B of Chapter 37 - Serious Traffic Offenses
§ 3731. Driving under influence of alcohol or controlled substance.
§ 3732. Homicide by vehicle.
§ 3733. Fleeing or attempting to elude police officer.
§ 3734. Driving without lights to avoid identification or arrest.
§ 3735. Homicide by vehicle while driving under influence.
§ 3735.1. Aggravated assault by vehicle while driving under the influence.
§ 3736. Reckless driving


§ 6503. Subsequent convictions of certain offenses.
http://members.aol.com/StatutesP5/75.Cp.65.html

(a) General offenses.--Every person convicted of a second or subsequent violation of any of the following provisions shall be sentenced to pay a fine of not less than $200 nor more than $1,000 or to imprisonment for not more than six months, or both:
  • Section 1543 (relating to driving while operating privilege is suspended or revoked).
  • Section 3367 (relating to racing on highways).
  • Section 3733 (relating to fleeing or attempting to elude police officer).
  • Section 3734 (relating to driving without lights to avoid identification or arrest).
  • Section 3748 (relating to false reports).

(a.1) Certain repeat offenses.--A person convicted of a sixth or subsequent offense under section 1543(a) shall be sentenced to pay a fine of not less than $1,000 and to imprisonment for not less than 30 days but not more than six months.

(b) Driving without a license.--Every person convicted of a second or subsequent violation of section 1501(a) (relating to drivers required to be licensed) within seven years of the date of commission of the offense preceding the offense for which sentence is to be imposed shall be sentenced to pay a fine of not less than $200 nor more than $1,000 or to imprisonment for not more than six months, or both.

§ 6503.1. Habitual offenders.
A habitual offender under section 1542 (relating to revocation of habitual offender's license) who drives a motor vehicle on any highway or trafficway of this Commonwealth while the habitual offender's operating privilege is suspended, revoked or canceled commits a misdemeanor of the second degree.

Last edited by WhiteXFire; 06-23-2006 at 04:56 AM.
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Old 06-23-2006, 05:13 AM   #4
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DRIVERS WITH PA LICENSE TICKETED OUTSIDE OF PA

THE DRIVER LICENSE COMPACT (DLC)
http://www.dot3.state.pa.us/pdotform...ets/fs-dlc.pdf

Q: What is the Driver License Compact (DLC)?

A: The DLC is a compact among 46 member states to maximize law enforcement efforts nationwide.
The major provisions of the DLC, which member states are committed to uphold and enforce, are:
  • The “one driver license” concept, which requires the surrender of an out-of-state driver’s license when application for a new license is made;
  • The “one driver record” concept, which requires that a complete driver record be maintained in the driver’s state of residence to determine driving eligibility in the home state, as well as for his nonresidence operator’s privilege in other jurisdictions;
  • Reporting of all traffic convictions and license suspension/revocations of out-of-state drivers to the home state licensing agency, as well as other appropriate information; and
  • The assurance of uniform and predictable treatment of drivers by treating offenses committed in other states as though they have been committed in the home state.

Q: When did Pennsylvania (PA) become a member of the DLC?

A: PA joined the DLC on January 1, 1995 and was adopted into Pennsylvania law as Act 1996-No. 149 on December 10, 1996.

Q: What violations committed in a member state will result in the suspension of my driving privilege in PA?

A: The following offenses, if committed in a member state, would be treated as though the offense had occurred in Pennsylvania and the appropriate sanction would be imposed under the provisions of our Vehicle Code:
  • Manslaughter or negligent homicide resulting from the operation of a motor vehicle (Section 3732);
  • Driving a motor vehicle while under the influence of alcoholic beverages or a narcotic to a degree which renders the driver incapable of safely driving a motor vehicle (Section 3731);
  • Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another (Section 3742);
  • Any felony in the commission of which a motor vehicle is used (Crimes Code and Dangerous Drug Act Offenses).

Although reported to PennDOT, minor traffic offenses such as speeding, red light, stop sign, etc., will (NOT) appear on your driving record, unless you are a CDL holder. Points will not be assessed to your PA driving record when convicted of a point related offense in a DLC member state.

Q: Do all member states impose the same suspension terms?

A: No. Some states may impose a term of suspension which is less than or greater than that of PA. PennDOT will impose the suspension term according to the provisions of our Vehicle Code.

Q: How long will my driving privilege be suspended if I am convicted of a DUI in a member state?

A: If your violation occurred prior to 2/1/04, PennDOT will impose a 1 year suspension. If your violation occurred on or after 2/1/04 and it is your first DUI, PennDOT will take no suspension action. If it is your second or subsequent PennDOT will impose a 1 year.

Q: How long will my driving privilege be suspended in PA if I am convicted of a serious traffic offense other than DUI in a member state?

A: A minimum of one year, however, it could be five years if this is your third serious traffic offense under Section 1542 of the Vehicle Code.

Q: When does my suspension begin in PA?

A: If you are convicted of a serious traffic offense in a DLC member state, that state is required to report the conviction to PennDOT. Upon receipt of the conviction, we will mail you an official notice of suspension with a date the suspension will begin. Credit toward serving your suspension will begin once you have surrendered your valid driver’s license, camera card and/or learner’s permit to PennDOT.

Q: Do my suspension terms begin and run at the same time in both states?

A: It is unlikely. You will probably receive notice of your suspension in the other state prior to our receipt of your conviction. If you are not otherwise suspended in PA, you may continue to drive in PA until you are notified in writing by PennDOT of this suspension.

Q: What effect does the DLC have on an out-of-state motorist convicted for an offense in PA?

A: All PA convictions for out-of-state motorists will be forwarded to the motorist’s home state. Additionally, their privilege to drive in PA will be suspended if convicted of certain serious traffic offenses such as driving under the influence, homicide by vehicle, reckless driving, fleeing or attempting to elude police officer, racing on highway and driving while operating privilege is suspended or revoked.

Q: What States are NOT a member of the DLC?

A: Georgia, Massachusetts, Michigan, Tennessee, Wisconsin.

Q: Where do I write or call to get further information about the DLC, my driving record or the PA Point System?

A: You may write to the following address:

PA Department of Transportation
Bureau of Driver Licensing
P.O. Box 68618
Harrisburg, PA 17106-8618

OR-CALL

In-State: 1-800-932-4600
Out-of-State: (717) 412-5300
TDD In-State: 1-800-228-0676
TDD Out-of-State: (717) 412-5380

Last edited by WhiteXFire; 01-24-2009 at 10:03 PM.
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