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PENNSYLVANIA
DRIVER’S LICENSE POINT SYSTEM
If
you are a current resident of the Commonwealth of
Pennsylvania you more than likely drive with a Pennsylvania
license. According to Pennsylvania, “driving
is a privilege and NOT a right.”
The
Pennsylvania department which is responsible for maintaining
driving records, license suspensions, and maintaining
a point system is that of PennDOT or more formally
known as the Pennsylvania Department of Transportation.
If
you are pulled over by either a local police officer
or a Pennsylvania State Trooper for any alleged
traffic violation you likely will incur points onto
your PA driver’s license if you plead guilty
or are convicted of the offense. As one continues
to incur additional points licensed drivers risk
the possibility of increased car insurance rates,
fines, penalties, license suspensions and even the
possibility of jail time!
According
to the PennDOT, “the purpose of the point system
is to help to improve driving habits and to ensure
safe driving. PennDOT will require Pennsylvania Licensed
Drivers to begin to take corrective actions when a
driving record reaches 6 or more points.”
What Happens after I reach 6 or more points on my
Pennsylvania Driver’s License?
A.)
First Accumulation of 6 Points
1.)
Subsequent to reaching 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 include:
a.)
Knowledge of Safe Driving Practices;
b.) Knowledge of Department Sanctions; and
c.) Knowledge of Related Safety Issues.
2.) The driver then 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.
B.) Second Accumulation of
6 Points
1.)
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 Department hearing.
The driver will receive a written notice of the
specific time and location or the required hearing.
2.)
At the hearing, a hearing examiner will review
the driver’s record. After the hearing,
the Department may recommend on or more:
a.) Order a 15 Day License Suspension;
b.) Order the Driver to Take a Special On-Road
Driver’s Examination; and
c.) Take no action.
3.)
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.
4.) FAILURE TO ATTEND THIS DEPARTMENTAL
HEARING WILL RESULT IN A 60 DAY LICENSE SUSPENSION.
C.) Third of More Accumulation of
6 Points
1.)
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 Department
hearing. The hearing examiner will review the driving
record. The department will then determine if a
30 day license suspension will be initiated.
2.) FAILURE TO ATTEND THIS DEPARTMENTAL
HEARING WILL RESULT IN THE SUSPENSION OF THE DRIVER’S
LICENSE UNTIL THE DRIVER ATTENDS THE HEARING.
1.)
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.
2.)
PennDOT will notify the driver by a written notice
of the specific time and location of the hearing.
The hearing examiner will review the driving record.
Upon the Department’s review of the hearing
file, one or both the following will be initiated:
a.)
15 Day License Suspension
b.) Special On-Road Driver’s Examination.
3.)
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.
4.) FAILURE TO ATTEND THIS DEPARTMENTAL
HEARING WILL RESULT IN A 60 DAY LICENSE SUSPENSION.
E.) Accumulation of 11 Points
or More
1.)
When any driving record reaches 11 or more points,
the driver’s license will automatically be
suspended!
2.)
The length of suspension depends on how many times
the license was suspended in the past. The suspensions
schedule is as follows:
a.)
First Suspension - 5 Days
b.) Second Suspension - 10 Days per point
c.) Third Suspension - 15 Days per point
d.) Subsequent Suspensions - One Year
F.)
Point Removal for Safe Driving
1.)
Three (3) points 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, and
/ or revocation.
2.) Once a driving record is reduced to
zero points (0) for 12 consecutive months, any further
accumulation of points is treated as the first accumulation
of points.
G.)
License Suspension and Restoration
1.)
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.
2.)
THE APPEAL MUST BE MADE WITHIN 30 DAYS AFTER THE
MAILING DATE OF THE NOTICE.
3.)
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 the
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.
4.) 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.)
1.)
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.
2.)
The first suspension will be for a period of 90
days. Any additional occurrences will result in
a suspension of 120 days.
3.)
THIS SUSPENSION IS IN ADDITION TO THE REQUIREMENTS
OF THE POINT SYSTEM AS STATED ABOVE.
I.)
Bread & Butter Licenses: Occupations Limited License
& Form
1.)
The term Bread & Butter License refers to receiving
a limited license from PennDOT that will allow you
to drive to and from work and therefore allow for
you to make your “bread and butter.”
Please be advised that this occupational limited
license is only granted by PennDOT on a case by
case basis and available to everyone or every situation.
However, this still is an option which very few
Pennsylvania Licensed Drivers who have had their
license suspended take advantage of, therefore,
if you are interested in applying for this limited
license please contact AAAL - Allegheny Attorneys
At Law for more information!
2.)
What is an Occupational Limited License?
a.)
An Occupational Limited License (OLL) is a driver's
license issued to a driver whose Pennsylvania
driving privilege has been, or will be, suspended.
b.) An OLL authorizes driving a designated motor
vehicle, under certain conditions, when it is
necessary for the driver's occupation, work, trade,
medical treatment or study. Based on your driving
record and violations, the PA Department of Transportation
will evaluate whether or not you are eligible
for an OLL. But first, you must apply by completing
the attached Occupational Limited License Petition
(form DL-15).
3.)
Requirements of an Occupational Limited License:
a.) To have continuous driving privileges, you
must send your completed OLL Petition, check or
money order, and Proof of Insurance(s) by certified
mail to the PA Department of Transportation at
least 20 days before your suspension begins.
b.) Within 20 days of receiving your Petition,
the Department will inform you in writing whether
or not you qualify for an OLL.
c.) If your Petition is not received and approved
before your suspension starts, you must return
your current driver's license to the Department
and pay a restoration fee before an OLL will be
issued.
d.) If your Petition is received and approved,
but the OLL has not been issued before your suspension
begins, the Department will delay the start of
your suspension for 15 days. They will issue an
approval letter and a temporary license that is
valid until the new suspension start date. Credit
toward your suspension will begin upon the new
effective date or later.
e.) During this 15 day delay, you need to send
your current driver's license, by certified mail,
to the address shown on the bottom of the Petition.
f.) If you are already under suspension and do
not have a valid license, complete and send the
attached Petition with a check or money order
made payable to PA Department of Transportation,
and Proof of Insurance(s) by certified mail to
the address shown at the bottom of the Petition.
Within 20 days of receiving your Petition, the
Department will inform you in writing whether
or not you are eligible for an OLL.
4.)
Individuals NOT eligible for an Occupational Limited
License:
If you are currently, or about to be suspended for
any of these violations, you are not eligible for
an OLL:
a.)
3345 - Passing a school bus
b.) 1533 or 6146 - Failure to respond to a citation
c.) 3367 - Racing on highways
d.) 1543 - Driving while suspended (possible exceptions)
e.) 3732 - Homicide by Vehicle
f.) 1547 - Refusal to submit to chemical testing
(possible exceptions)
g.) 3733 - Fleeing a Police Officer
h.) 1786 - Failure to maintain financial responsibility
I.) 3734 - Driving without lights
j.) ARD ordered suspension for DUI
k.) 3735 - Homicide by Vehicle/DUI Controlled Substance,
Drug, Device and Cosmetic Act Violations
l.) 3736 - Reckless Driving Underage alcohol violations
(possible exceptions)
m.) 3742 - Accidents involving death or injury Any
serious traffic offense
n.) 3743 - Leaving scene of an accident Any violations
relating to accidents and accident reports
o.) 3802 - Driving under the influence (possible
exceptions)
5.)
NOTE: You maybe issued only one (1) OLL every
five (5) years
J.)
Bread and Butter Licenses: Suspended License &
PennDOT Form
1.)
WHAT IS A PROBATIONARY LICENSE?
a.) A Probationary License (PL) is a Class C (Non-Commercial)
driver's license issued to an individual whose
Pennsylvania driving privilege has been suspended
or revoked for five or more years.
b.) A PL authorizes driving a non-commercial vehicle
between 6:00 a.m. and 7:00 p.m. The Department
will consider additional hours upon request. Under
no circumstances will a PL be given to drive a
commercial vehicle, motorcycle or moped.
2.) Qualifications to a Probationary License:
a.) To qualify for a Probationary License you
must have completed a portion of your suspension
time period, based on your driving record. The
minimum period from three to six (3-6) years is
determined by the number of violations that caused
the current suspension/revocation of your driving
privilege. In addition, any outstanding citations,
judgements, examinations or hearings must be satisfied.
If you are not licensed to drive in this or any
other state, you must apply for a class C Probationary
learner’s permit. Thirty days after the
issuance of the learner’s permit you will
be eligible to test for a driver’s license.
Upon successfully passing all exams, the Department
will issue a PL.
3.)
Who is NOT eligible for a Probationary License:
a.) If you have been convicted of Driving Under
the Influence (DUI), granted ARD for DUI, aggravated
assault by vehicle with DUI, driving under suspension
with DUI, suspended for refusal to submit to chemical
testing, or offense for death or personal injury
without a license within the preceding seven (7)
years, you are not eligible for a PL until seven
(7) years have passed.
b.) If you have ever been convicted of Homicide
by Vehicle or Homicide by Vehicle while DUI, you
are permanently prohibited from obtaining a PL.
c.) The PA Department of Transportation will evaluate
whether or not you are eligible for a PL. You
must first complete the subsequent Probationary
License Petition (form DL-20).
K.)
The Pennsylvania Point System: Violations and Corresponding
Points
| Vehicle
Code |
Description
|
Number
of Points |
| 1512
|
Violation of restriction on Driver’s
License - wearing glasses, etc. |
2 |
| 1571
|
Violation concerning license |
3 |
| 3102
|
Failure
to obey policeman or authorized person |
2 |
| 3112(a)(3)(I)
or (ii) |
Failure
to stop for a red light |
3 |
| 3114(a)(1) |
Failure
to stop for a flashing red light |
3 |
| 3302 |
Failure
to yield half of roadway to oncoming vehicle |
3 |
| 3303 |
Improper
passing, overtaken driver to maintain speed;
passing driver to pull in at safe distance |
3 |
| 3304
|
Improper passing on the right |
3 |
| 3305
|
Improper
passing on the left, clear distance ahead
|
3 |
| 3306(a)(1) |
Improper
passing on a hill |
4 |
| 3306(a)(2) |
Improper
passing at a railroad crossing or intersection
|
3 |
| 3306(a)(3)
|
Improper passing at a bridge or tunnel |
3 |
| 3307
|
Improper passing in a no-passing zone |
3 |
| 3310
|
Following
too closely |
3 |
| 3321 |
Failure
to yield to driver on the right at intersection |
3 |
| 3322
|
Failure
to yield to oncoming driver when making a
left turn |
3 |
| 3323(b) |
Failure
to stop for Stop sign |
3 |
| 3323
( c ) |
Failure
to yield at yield sign |
3 |
| 3324
|
Failure to yield when entering or crossing
roadway between intersections |
3 |
| 3332
|
Improper
turning around - illegal U-Turn(s) |
3 |
| 3341(a) |
Failure to obey signal indicating approach
of train |
2 |
| 3341(b)
|
Failure
to comply with crossing gate or barrier |
4
& 30 Day license suspension |
| 3342(b)
or (e) |
Failure
to stop at railroad crossings |
4 |
| 3344 |
Failure to stop when entering from alley,
driveway, or building |
3 |
| 3345(a)
|
Failure
to stop for school bus with flashing red lights |
5
& 30 Day license suspension |
| 3361 |
Driving
too fast for conditions |
2 |
| 3362 |
Exceeding
maximum speed:
6 - 10 miles over speed limit |
2 |
| 3362
|
Exceeding
maximum speed:
11 - 15 miles over speed limit |
3 |
| 3362 |
Exceeding
maximum speed:
16 - 25 miles over speed limit |
4 |
| 3362 |
Exceeding
maximum speed:
26 - 30 miles over speed limit |
5 |
| 3362 |
Exceeding
maximum speed:
31 - and up miles over speed limit |
5
& Departmental Hearing and Sanctions provided
under Section 1538(d) |
| 3365(b) |
Exceeding
special speed limit in school zone |
3 |
| 3365(
c ) |
Exceeding
special speed limit for trucks on downgrades |
3 |
| 3542(a)
|
Failure
to yield to pedestrian in crosswalk |
2 |
| 3547 |
Failure
to yield to pedestrian on sidewalk when entering
from a driveway or alley |
3 |
| 3702 |
Improper
backing |
3 |
| 3714 |
Careless
driving |
3 |
| 3745 |
Leaving
the scene of accident involving property damage
only |
4 |
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2004 AlleghenyAttorneys.com
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