§ 1538. School, examination or hearing on accumulation of points or excessive speeding.
(a) Initial accumulation of six points.--
(1) When any person's record for the first time shows an accumulation of six or more points,
the department shall require the person to attend a driver improvement school or undergo
a special examination and shall so notify the person in writing. The person may elect
to attend a driver improvement school or undergo a special examination but shall not
be permitted to both attend the school and undergo a special examination.
(2) Upon satisfactory attendance and completion of the driver improvement school course
or upon passing the special examination:
(i) two points shall be removed from the person's record, if the person elected to take
the special examination; or
(ii) four points shall be removed from the person's record, if the person elected to attend
a driver improvement school and completed the school's requirements.
(3) Failure to attend and satisfactorily complete the requirements of a driver improvement
school or pass the special examination shall result in the suspension of such person's
operating privilege until:
(i) the person attends and satisfactorily completes the requirements of a driver improvement
school; or
(ii) the examination has been satisfactorily completed.
(b) Second and subsequent accumulation of six points.--
(1) When any person's record has been reduced below six points and for the second or subsequent
time shows an accumulation of six or more points, the department shall require the
person to attend a departmental hearing and a driver improvement school and shall
notify the person in writing. In addition, a hearing examiner may recommend one or
more of the following:
(i) (Deleted by amendment).
(ii) That the person undergo an examination as provided for in section 1508 (relating to
examination of applicant for driver's license).
(iii) That the person's driver's license be suspended for:
(A) a period not exceeding 15 days, if the person's record for a second time shows an
accumulation of six or more points; or
(B) a period not exceeding 30 days, if the person's record for a third or subsequent time
shows an accumulation of six or more points.
(2) The department may effect or modify the recommendations of the hearing examiner but
may not impose any sanction not recommended by the hearing examiner.
(3) Upon completion of the sanction or sanctions imposed by the department, two points
shall be removed from the person's record.
(4) Failure to attend the hearing or comply with the requirements of this subsection shall
result in the suspension of the person's operating privilege until the requirements
of this subsection have been satisfactorily completed.
(c) Subsequent accumulations of six points.--(Deleted by amendment).
(d) Conviction for excessive speeding.--
(1) When any person is convicted of driving 31 miles per hour or more in excess of the
speed limit, the department shall require the person to attend a departmental hearing
and attend a driver improvement school and shall notify the person in writing. In
addition, a hearing examiner may recommend one or more of the following:
(i) (Deleted by amendment).
(ii) That the person undergo an examination as provided for in section 1508.
(iii) That the person have his driver's license suspended for a period not exceeding 15
days.
(2) The department shall effect at least one of the sanctions but may not increase any
suspension beyond 15 days.
(3) Failure to attend the hearing or comply with the requirements of this subsection shall
result in the suspension of such person's operating privilege until the requirements
of this subsection have been satisfactorily completed.
(e) Additional suspension of operating privilege.--
(1) In addition to any other provisions of law relating to the suspension or revocation
of operating privileges, a person's operating privileges shall be suspended under
any of the following circumstances:
(i) Prior to reaching age 18, the person violates section 3362 (relating to maximum speed
limits) by traveling 26 miles per hour or more over the posted speed limit and the
violation results in a conviction, guilty plea or plea of no contest before or after
the person reaches age 18.
(ii) The person accumulates six or more points under the provisions of section 1535 (relating
to schedule of convictions and points) and the violations resulting in points accumulation
were committed before the person reached age 18.
(2) The first suspension under paragraph (1) shall be for a period of 90 days with every
subsequent suspension under paragraph (1) to be for a period of 120 days. Suspensions
under paragraph (1) shall be imposed consecutively to each other and to any other
suspension. A suspension under paragraph (1) shall be considered a subsequent suspension
even if it is imposed contemporaneously with a first suspension imposed under paragraph
(1).
(June 25, 1999, P.L.164, No.23, eff. 180 days; Nov. 3, 2022, P.L.1783, No.120, eff.
14 months)
Cross References. Section 1538 is referred to in sections 1535, 1543, 1549, 1553, 1554 of this title.
Notes of Decisions
Com., Dept. of Transp. v. Grasse, 606 A.2d 544 (Pa. Commw. Ct. 1992).
“Under Section 1538 of the Vehicle Code (Code), 75 Pa.C.S. § 1538, the penalty for failure to attend and complete the special drivers examination is a 60 day license suspension.”
Bureau of Traffic Saf. v. GROBES., 405 A.2d 588 (Pa. Commw. Ct. 1979).
“Opinion by Judge DiSalle, The Department of Transportation, Bureau of Traffic Safety (Bureau), has appealed the order óf *152 the Court of Common Pleas of Delaware County which reversed the Bureau’s suspension of Preston Grobes’ driving privileges pursuant to Section 1538(d) of…”
Com., Dept. of Transp. v. Emery, 580 A.2d 909 (Pa. Commw. Ct. 1990).
“Before this Court is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Allegheny County, dated December 13, 1989, which permitted Benjamin Howard Emery (Emery) to appeal nunc pro tunc from an indefinite suspension of his operator’s…”
Commonwealth v. Sheets, 410 A.2d 1295 (Pa. Commw. Ct. 1980).
“This accumulation of six points caused the Depart- • ment of Transportation, pursuant to 75 Pa. C.S. §1538 (a), to require Sheets either to attend a driver im *177 provement school or to undergo 3.”
Turner v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 682 A.2d 903 (Pa. Commw. Ct. 1996).
· cites it 4× “Although the General Assembly could have granted the Department or the court of common pleas discretionary authority in implementing suspensions under Section 1538 of the Vehicle Code, it has instead decided to make such suspensions mandatory.”
Bureau of Traffic Saf. v. Sherwood, 414 A.2d 151 (Pa. Commw. Ct. 1980).
“1 In accordance with the new Vehicle Code of 1976, 75 Pa. C.S. §1538(a) : (a) Initial accumulation of sia points.”
Commonwealth v. Suchko, 499 A.2d 738 (Pa. Commw. Ct. 1985).
“75 Pa. C. S. §1538. Each document did 'have a date on its face: September 24, 1980 on the notice of point accumulation anid December 29, 1980 on the notice of suspension.”
Mark v. Commonwealth, 580 A.2d 901 (Pa. Commw. Ct. 1990).
· cites it 2× “Mark (Mark) appeals from an order of the Court of Common Pleas of Allegheny County that affirmed the *152 action of the Pennsylvania Department of Transportation suspending Mark’s operating privileges for thirty days due to his accumulation of eight points under the provisions…”
Budjnoski v. Commonwealth, 566 A.2d 936 (Pa. Commw. Ct. 1989).
“Meanwhile, however, because of the initial conviction for speeding of which DOT received notice, Licensee’s operating privileges were suspended for fifteen days in accordance with Section 1538(d) of the Vehicle Code, 75 Pa.C.S. § 1538(d), which pertinently provides: *29 (1) When…”
Com., Dept. of Transp. v. Fiore, 588 A.2d 1332 (Pa. Commw. Ct. 1991).
· cites it 2× “On March 2, 1989, the department mailed an official notice to Fiore which imposed a fifteen-day suspension of his operating privileges, effective April 6, 1989 pursuant to 75 Pa.C.S. § 1538(d). [1] *599 Fiore appealed the suspension to the Court of Common Pleas of Blair County…”
— 75 Pa. Cons. Stat. § 1538(1) — 1 case
Turner v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 682 A.2d 903 (Pa. Commw. Ct. 1996).
“Although the General Assembly could have granted the Department or the court of common pleas discretionary authority in implementing suspensions under Section 1538 of the Vehicle Code, it has instead decided to make such suspensions mandatory.”
— 75 Pa. Cons. Stat. § 1538(a) — 10 cases
Bureau of Traffic Saf. v. Sherwood, 414 A.2d 151 (Pa. Commw. Ct. 1980).
“1 In accordance with the new Vehicle Code of 1976, 75 Pa. C.S. §1538(a) : (a) Initial accumulation of sia points.”
— 75 Pa. Cons. Stat. § 1538(b) — 10 cases
Turner v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 682 A.2d 903 (Pa. Commw. Ct. 1996).
“Although the General Assembly could have granted the Department or the court of common pleas discretionary authority in implementing suspensions under Section 1538 of the Vehicle Code, it has instead decided to make such suspensions mandatory.”
— 75 Pa. Cons. Stat. § 1538(b)(3) — 1 case
— 75 Pa. Cons. Stat. § 1538(b)(4) — 1 case
Turner v. Commonwealth, Dep't of Transp., Bureau of Driver Licensing, 682 A.2d 903 (Pa. Commw. Ct. 1996).
“Although the General Assembly could have granted the Department or the court of common pleas discretionary authority in implementing suspensions under Section 1538 of the Vehicle Code, it has instead decided to make such suspensions mandatory.”
— 75 Pa. Cons. Stat. § 1538(c) — 11 cases
Com., Dept. of Transp. v. Emery, 580 A.2d 909 (Pa. Commw. Ct. 1990).
“Before this Court is an appeal by the Department of Transportation (DOT) from an order of the Court of Common Pleas of Allegheny County, dated December 13, 1989, which permitted Benjamin Howard Emery (Emery) to appeal nunc pro tunc from an indefinite suspension of his operator’s…”
Mark v. Commonwealth, 580 A.2d 901 (Pa. Commw. Ct. 1990).
“Mark (Mark) appeals from an order of the Court of Common Pleas of Allegheny County that affirmed the *152 action of the Pennsylvania Department of Transportation suspending Mark’s operating privileges for thirty days due to his accumulation of eight points under the provisions…”
— 75 Pa. Cons. Stat. § 1538(d) — 4 cases
Bureau of Traffic Saf. v. GROBES., 405 A.2d 588 (Pa. Commw. Ct. 1979).
“Opinion by Judge DiSalle, The Department of Transportation, Bureau of Traffic Safety (Bureau), has appealed the order óf *152 the Court of Common Pleas of Delaware County which reversed the Bureau’s suspension of Preston Grobes’ driving privileges pursuant to Section 1538(d) of…”
Budjnoski v. Commonwealth, 566 A.2d 936 (Pa. Commw. Ct. 1989).
“Meanwhile, however, because of the initial conviction for speeding of which DOT received notice, Licensee’s operating privileges were suspended for fifteen days in accordance with Section 1538(d) of the Vehicle Code, 75 Pa.C.S. § 1538(d), which pertinently provides: *29 (1) When…”
Com., Dept. of Transp. v. Fiore, 588 A.2d 1332 (Pa. Commw. Ct. 1991).
“On March 2, 1989, the department mailed an official notice to Fiore which imposed a fifteen-day suspension of his operating privileges, effective April 6, 1989 pursuant to 75 Pa.C.S. § 1538(d). [1] *599 Fiore appealed the suspension to the Court of Common Pleas of Blair County…”
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