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Occupational limited license - 75 Pa. Cons. Stat. § 1553

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     § 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.
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