Pennsylvania Consolidated Statutes

75 Pa. Cons. Stat. § 1508 (2026)

Examination of applicant for driver's license.

✓ current as of May 2026

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§ 1508. Examination of applicant for driver's license.

(a) General rule.--Every applicant for a driver's license shall be examined for the type or class of vehicles that the applicant desires to drive. The examination shall include a physical examination, a screening test of the applicant's eyesight and a test of the applicant's ability to read and understand official traffic-control devices, knowledge of safe driving practices and the traffic laws of this Commonwealth, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles for which the applicant desires a license to drive. If the department finds it necessary to further determine an applicant's fitness to operate a motor vehicle safely upon the highways the department may require one or more of the following types of examinations:

(1) A vision examination by an optometrist or ophthalmologist.

(2) A physical examination pursuant to section 1508.1 (relating to physical examinations).

(3) A mental examination.

(b) Issuance of license to licensed nonresident.--A driver's license may be issued to a person who has not had a learner's permit but who at the time of application is of sufficient age and has either a valid driver's license issued by another state or a license issued by another state which has expired within six months of the date of application under a law of that state requiring the examination and licensing of drivers, providing that the applicant demonstrates visual fitness. Also, the department must be satisfied that the applicant's experience in driving vehicles which may be driven by holders of the classes of licenses sought by the applicant is sufficient to justify the issuance of the license without further behind-the-wheel training.

(b.1) Issuance of bioptic telescope driver's license to licensed nonresident.--

(1) A driver wishing to transfer the driver's out-of-state bioptic telescope driver's license to this Commonwealth must satisfy all the bioptic telescope-related requirements in section 1505 (relating to learners' permits).

(2) The department may grant a waiver of the requirements under paragraph (1), provided the following conditions are met:

(i) The individual shows proof of at least three years of experience driving with a valid bioptic telescope driver's license.

(ii) The individual shows proof of a clean driving record for the previous three years prior to application for a driver's license in this Commonwealth with bioptic telescope restrictions.

(3) The individual has been assessed by a low-vision rehabilitation specialist. The low-vision rehabilitation specialist must determine whether the individual demonstrates the appropriate skills to operate a motor vehicle safely while using bioptic telescopes.

(c) Alcohol and drug use information.--The traffic laws examination shall contain at least one question relating to the driver's ability to understand the effects of alcohol and drug use on highway safety or the provisions of section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance). The driver's manual shall include a section relating to the effects of alcohol and drug use on highway safety, along with the related penalties.

(c.1) Distracted driving awareness.--The portion of the examination on traffic laws shall contain at least one question on distracted driving relating to the driver's ability to understand the effects of distracted driving. The driver's manual shall include a section relating to distracted driving, along with related penalties.

(d) Police pursuit awareness.--The driver's manual shall include a section summarizing the risks involved in fleeing or attempting to elude a police officer. The section shall also summarize the related penalties for a violation of section 3733 (relating to fleeing or attempting to elude police officer).

(e) Third-party testing.--The department may authorize a third party to administer the portion of the examination that demonstrates the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles for which the applicant desires a license to drive. Third-party providers shall only administer exams required in this section if:

(1) The test is the same test as that which would otherwise be administered by the department.

(2) The third party has entered into an agreement with the department and the agreement has not been terminated by the department.

(f) Layoffs.--No layoffs shall occur in the classifications known as Driver License Examiner, Driver License Examiner Assistant and Driver License Center Supervisor as a result of third-party testing under subsection (e).

(g) Autocycles not to be used.--No applicant for a driver's license may use an autocycle for the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or class of vehicles for which the applicant desires a license to drive.

(July 9, 1986, P.L.544, No.96, eff. 60 days; Dec. 27, 1994, P.L.1337, No.154; Dec. 10, 1996, P.L.925, No.149, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 22, 2014, P.L.2635, No.170, eff. 60 days; May 25, 2016, P.L.248, No.34, eff. 60 days; Nov. 25, 2020, P.L.1246, No.131, eff. 10 months; June 5, 2024, P.L.366, No.18, eff. 12 months)

2024 Amendment. Act 18 added subsec. (c.1). The preamble of Act 18 provided that Act 18 may be referred to as Paul Miller's Law.

2020 Amendment. Act 131 added subsec. (b.1).

2016 Amendment. Act 34 added subsec. (g).

2014 Amendment. Act 170 added subsecs. (e) and (f).

1998 Amendment. Act 151 amended subsec. (b).

1996 Amendment. Act 149 amended subsec. (a).

1994 Amendment. Act 154 added subsec. (d), effective on December 27, 1995, or on the date of publication in the Pennsylvania Bulletin of notice that the driver's manual has been reprinted, whichever is earlier.

1986 Amendment. Act 96 added subsec. (c).

Cross References. Section 1508 is referred to in sections 1505, 1514, 1538, 1554 of this title.

Notes of Decisions

Cited in 5 cases, 1990–2009 · leading case: Com., Dept. of Transp. v. Peck, 573 A.2d 645 (Pa. Commw. Ct. 1990).

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Com., Dept. of Transp. v. Peck, 573 A.2d 645 (Pa. Commw. Ct. 1990). · cites it 2× “[4] See Section 1508 of the Vehicle Code, 75 Pa.C.S. § 1508. [5] We can discern no basis for concluding that the Legislature would have the intention to create a new legal defense a defense based on educational considerations: such considerations are for the licensing…”

Turk v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 983 A.2d 805 (Pa. Commw. Ct. 2009). · cites it 2× “[ 10 ] [DOT] may require the applicant to take and successfully pass such additional tests as [DOT] may find reasonably necessary to determine the applicant’s qualification according to the type or general class of license applied for and such examination may include any or all…”

Neimeister v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 916 A.2d 712 (Pa. Commw. Ct. 2006). “75 Pa.C.S. § 1508(a) provides, in relevant part: The examination shall include a physical examination, a screening test of the applicant’s eyesight and a test of the applicant’s ability to read and understand official traffic-control devices, knowledge of safe driving practices…”

Turk v. Com., Dept. of Transp., 983 A.2d 805 (Pa. Commw. Ct. 2009). · cites it 2× “[10] [DOT] may require the applicant to take and successfully pass such additional tests as [DOT] may find reasonably necessary to determine the applicant's qualification according to the type or general class of license applied for and such examination may include any or all of…”

Montchal v. Commonwealth, Dep't of Transp., 794 A.2d 973 (Pa. Commw. Ct. 2002). “) An applicant for a driver’s license is required by Section 1508 of the Vehicle Code, as amended, 75 Pa.C.S. § 1508, to be examined for the type or class of vehicles that the applicant desires to drive.”

— 75 Pa. Cons. Stat. § 1508(a) — 3 cases

Turk v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 983 A.2d 805 (Pa. Commw. Ct. 2009). “[ 10 ] [DOT] may require the applicant to take and successfully pass such additional tests as [DOT] may find reasonably necessary to determine the applicant’s qualification according to the type or general class of license applied for and such examination may include any or all…”

Turk v. Com., Dept. of Transp., 983 A.2d 805 (Pa. Commw. Ct. 2009). “[10] [DOT] may require the applicant to take and successfully pass such additional tests as [DOT] may find reasonably necessary to determine the applicant's qualification according to the type or general class of license applied for and such examination may include any or all of…”

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