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 18 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 revocation 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 operated as an     automatic supersedeas. If an administrative hearing officer     orders a supersedeas in any appeal, the petitioner shall earn no     credit toward 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).     (May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; Dec. 7, 1994,     P.L.820, No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143,     eff. 9 months; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days;     Oct. 4, 2002, P.L.845, No.123, eff. 60 days; Dec. 23, 2002,     P.L.1982, No.229, eff. 60 days; Sept. 30, 2003, P.L.120, No.24,     eff. Feb. 1, 2004)        2003 Amendment.  Act 24 amended subsecs. (b)(1), (c), (d)(6),     (8) and (9), (e) and (f) and added subsecs. (d.1), (d.2) and     (d.3). See section 20(1) of Act 24 in the appendix to this title     for special provisions relating to duties of Department of     Transportation.        2002 Amendments.  Act 123 amended subsecs. (b) and (d) and     Act 229 amended subsecs. (a) and (d)(11). See section 21 of Act     229 in the appendix to this title for special provisions     relating to promulgation of guidelines to implement Act 229.        1994 Amendment.  Act 115 amended subsec. (d)(10) and Act 143     amended subsecs. (b), (d), (e) and (h). Act 143 overlooked the     amendment by Act 115, but the amendments do not conflict in     substance and have both been given effect in setting forth the     text of subsec. (d)(10).        1990 Amendment.  Act 42 added section 1553.        References in Text.  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, referred to in subsec. (d)(10), was     repealed by the act of February 10, 1994 (P.L.20, No.3).        Sections 7102 and 7103, referred to in subsec. (d)(17), are     repealed.        Cross References.  Section 1553 is referred to in sections     3806, 3808, 3815 of this title.