1516 - Department records.

     § 1516.  Department records.        (a)  Applications, suspensions and revocations.--The     department shall file every application for a license received     by it and shall maintain suitable records containing:            (1)  All applications denied and the reasons for denial.            (2)  All applications granted.            (3)  The name of every licensee whose license has been        suspended or revoked by the department and the reasons for        such action.        (b)  Accidents and convictions.--The department shall file     all accident reports and abstracts of court records of     convictions received by it under the laws of this Commonwealth     and maintain actual or facsimile records or make suitable     notations in order that the records of each licensee showing     convictions of the licensee, any departmental action initiated     against the licensee regarding a reportable accident in which     the licensee was involved, and the traffic accidents shall be     available for official use. Unless the licensee was a commercial     driver at the time of the violation, the department shall     maintain records or make notations only for convictions that are     relevant to the licensee's operating privilege. Where the     licensee was a commercial driver at the time of the violation,     the department shall maintain records or make notations for all     convictions of any violation, in any motor vehicle, of a State     or local traffic control law, except a parking violation, and     also for any other convictions that are relevant to the     licensee's operating privilege. Court abstracts and     certifications of conviction and accident reports submitted to     the department under the laws of this Commonwealth shall be     considered as records of the department, and the department may     store such documents in accordance with the provisions of 42     Pa.C.S. § 6109 (relating to photographic copies of business and     public records) and may enter into evidence copies of such     documents in accordance with the provisions of 42 Pa.C.S. § 6103     (relating to proof of official records). Such copies shall be     admissible into evidence to support the department's case in an     appeal of a department action taken under Chapter 13 (relating     to registration of vehicles), 15 (relating to licensing of     drivers), 16 (relating to commercial drivers) or 17 (relating to     financial responsibility) of this title, and the certification     shall constitute prima facie proof of the facts and information     contained in the court abstract or certification of conviction     or accident report. These records shall also be made available     to the courts for sentencing purposes.        (c)  Dismissal of charges for violations.--If a charge for     violation of any of the provisions of this title against any     person is dismissed where there have been no prior convictions     by any court of competent jurisdiction, no record of the charge     and dismissal shall be included in the driving record of the     person. If the person has been previously convicted of the     charge and suspension was imposed by the department, which     suspension was either partially or fully served, the department     may keep a record of the offense for the purpose of showing the     suspension was imposed against the person, but the offense shall     not be used for the purpose of calculating the requisite number     of offenses under section 1542 (relating to revocation of     habitual offender's license). In addition, the department may     keep records of charges that have been filed with the courts in     order to determine a person's eligibility for a probationary     license under the provisions of section 1554(b)(3) (relating to     probationary license). All records maintained pursuant to this     subsection shall be maintained for administrative and law     enforcement use only and shall not be released for any other     purpose, except where the person was a commercial driver at the     time of the violation and the charge was dismissed as part of     the person's acceptance of Accelerated Rehabilitative     Disposition.        (d)  Updating driving record.--Drivers wishing to have their     record reviewed by the department may make such a request in     order that the record be brought up to date. In updating     records, the department shall include recalculation of     suspension or revocation segments and the assignment and     crediting of any suspension or revocation time previously     assigned or credited toward a suspension or revocation which     resulted from a conviction which has been vacated, overturned,     dismissed or withdrawn. Any fully or partially served suspension     or revocation time may only be reassigned or credited toward a     suspension or revocation segment processed on the driver's     record as of the actual commencement date of the fully or     partially served suspension or revocation time.     (Dec. 21, 1998, P.L.1126, No.151, eff. imd.; Sept. 30, 2003,     P.L.120, No.24, eff. Feb. 1, 2004; July 5, 2005, P.L.100, No.37)        2005 Amendment.  Act 37 amended subsecs. (b) and (c). Section     10(2) of Act 37 provided that Act 37 shall take effect 90 days     after publication of a notice in the Pennsylvania Bulletin. The     notice was published July 16, 2005, at 35 Pa.B. 4029.        2003 Amendment.  Act 24 amended subsecs. (c) and (d).        Cross References.  Section 1516 is referred to in sections     1607, 1611 of this title; section 302 of Title 74     (Transportation).