§ 1540. Surrender of license.
(a) Conviction of offense.--Upon a conviction by a court of competent jurisdiction for an offense which calls
for mandatory suspension of an individual's operating privilege, the court or the
district attorney shall inform the defendant that the suspension shall be effective
within 60 days. This section shall create a rebuttable presumption of the defendant's
knowledge of the suspension for the purposes of section 1543 (relating to driving
while operating privilege is suspended or revoked).
(b) Suspension, revocation or disqualification of operating privilege.--
(1) Upon the suspension or revocation of the operating privilege or the disqualification
of the commercial operating privilege of any person by the department, the department
shall forthwith notify the person in writing at the address of record to surrender
his driver's license to the department for the term of suspension, revocation or disqualification.
Licenses that are surrendered to the department may be destroyed. Upon the restoration
of the operating privilege, the licensee may apply for a replacement license.
(2) The department shall include with the written notice of suspension, revocation or
disqualification a form for acknowledging the suspension, revocation or disqualification,
which form shall be filed with the department if the person has no license to surrender.
(3) The suspension, revocation or disqualification shall be effective upon a date determined
by the department.
(i) (Deleted by amendment).
(ii) (Deleted by amendment).
(4) (Deleted by amendment).
(c) Seizure of revoked, suspended, canceled or disqualified licenses.--Any police officer or designated employee of the Commonwealth shall be authorized
to confiscate any license that has been revoked, suspended, canceled or disqualified.
The confiscated license shall be returned to the department unless it is necessary
to keep the license as evidence of an offense.
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(June 19, 1985, P.L.49, No.20, eff. 60 days; Nov. 6, 1985, P.L.300, No.72, eff. 60
days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff.
60 days; May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; July 6, 1995, P.L.246, No.30,
eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 9, 2009, P.L.494,
No.49, eff. 60 days; July 20, 2017, P.L.333, No.30, eff. 15 months)
Cross References. Section 1540 is referred to in sections 1541, 1553, 1554, 1556, 1611, 3327 of this
title; section 7165 of Title 44 (Law and Justice).
Notes of Decisions
Commonwealth v. Mockaitis, 834 A.2d 488 (Pa. 2003).
“§ 1516), accept surrender of a license (75 Pa.C.S. § 1540), and complete various other functions relative to driver’s licenses within Pennsylvania.”
Commonwealth v. MacSherry, 537 A.2d 871 (Pa. 1988).
· cites it 4× “75 Pa.Cons.Stat.Ann. § 1540 (Purdon 1977) (amended 1985 & 1986).”
Commonwealth v. Wolf, 632 A.2d 864 (Pa. 1993).
· cites it 2× “3 Therefore, pursuant to the plain meaning of 75 Pa.C.S. § 1540, Petitioner was required to surrender his driver’s license upon such conviction.”
Schneider v. Commonwealth, Dep't of Transp., 790 A.2d 363 (Pa. Commw. Ct. 2002).
“Schneider was required to surrender his driver’s license to the court pursuant to 75 Pa.C.S. § 1540(a) which forwarded the license to PennDOT to begin Schneider’s credit on his one-year suspension.”
Commonwealth v. Jenner, 681 A.2d 1266 (Pa. 1996).
· cites it 2× “9 75 Pa.C.S. § 1540(a) (emphasis added). In the present cases, appellants had previously surrendered their licenses to the department as required under § 1540(a), which does not require that the license be surrendered subsequent to notification in order for the suspension to be…”
Commonwealth Dep't of Transp. v. Johnson, 641 A.2d 1170 (Pa. Super. Ct. 1994).
· cites it 3× “” See: 75 Pa.C.S. § 1540(b). Another section of the Vehicle Code required Johnson, if he moved from such address, to notify the department in writing of the new address within 15 days after the move.”
Com., Dept. of Transp. v. Gelormino, 636 A.2d 224 (Pa. Commw. Ct. 1994).
· cites it 2× “) We note that under 75 Pa.C.S. § 1540(b) 6 , DOT need only notify a person of a license suspension or revocation of their operating privilege at the address of record.”
McKeown v. Com., Dept. of Transp., 601 A.2d 486 (Pa. Commw. Ct. 1991).
· cites it 2× “) 75 Pa.C.S. § 1540(b). Under Section 1540(b), all the Department was required to do was to notify McKeown in writing at his address 5 of record.”
Ruby v. Dep't of Transp., 632 A.2d 635 (Pa. Commw. Ct. 1993).
· cites it 2× “§ 1540(b) provides that “[t]he suspension, revocation or disqualification .”
Kulick v. Commonwealth, 666 A.2d 1148 (Pa. Commw. Ct. 1995).
“75 Pa.C.S. § 1540(b); Ge-lormino. Proof of mailing raises a rebutta-ble presumption that the notice of suspension was received.”
Sherry v. Dep't of Transp., 893 A.2d 208 (Pa. Commw. Ct. 2006).
· cites it 2× “4 Licensee argues that DOT’s failure to give Licensee credit toward his suspension from March 24, 2004, violates section 1540(a) of the Vehicle Code, 75 Pa.C.S. § 1540(a). We disagree. Section 1540(a) of the Vehicle Code provides, in pertinent part, as follows: Upon a conviction…”
— 75 Pa. Cons. Stat. § 1540(a) — 9 cases
Schneider v. Commonwealth, Dep't of Transp., 790 A.2d 363 (Pa. Commw. Ct. 2002).
“Schneider was required to surrender his driver’s license to the court pursuant to 75 Pa.C.S. § 1540(a) which forwarded the license to PennDOT to begin Schneider’s credit on his one-year suspension.”
Commonwealth v. Jenner, 681 A.2d 1266 (Pa. 1996).
“9 75 Pa.C.S. § 1540(a) (emphasis added). In the present cases, appellants had previously surrendered their licenses to the department as required under § 1540(a), which does not require that the license be surrendered subsequent to notification in order for the suspension to be…”
Sherry v. Dep't of Transp., 893 A.2d 208 (Pa. Commw. Ct. 2006).
“4 Licensee argues that DOT’s failure to give Licensee credit toward his suspension from March 24, 2004, violates section 1540(a) of the Vehicle Code, 75 Pa.C.S. § 1540(a). We disagree. Section 1540(a) of the Vehicle Code provides, in pertinent part, as follows: Upon a conviction…”
— 75 Pa. Cons. Stat. § 1540(b) — 23 cases
Commonwealth Dep't of Transp. v. Johnson, 641 A.2d 1170 (Pa. Super. Ct. 1994).
“” See: 75 Pa.C.S. § 1540(b). Another section of the Vehicle Code required Johnson, if he moved from such address, to notify the department in writing of the new address within 15 days after the move.”
Com., Dept. of Transp. v. Gelormino, 636 A.2d 224 (Pa. Commw. Ct. 1994).
“) We note that under 75 Pa.C.S. § 1540(b) 6 , DOT need only notify a person of a license suspension or revocation of their operating privilege at the address of record.”
McKeown v. Com., Dept. of Transp., 601 A.2d 486 (Pa. Commw. Ct. 1991).
“) 75 Pa.C.S. § 1540(b). Under Section 1540(b), all the Department was required to do was to notify McKeown in writing at his address 5 of record.”
Kulick v. Commonwealth, 666 A.2d 1148 (Pa. Commw. Ct. 1995).
“75 Pa.C.S. § 1540(b); Ge-lormino. Proof of mailing raises a rebutta-ble presumption that the notice of suspension was received.”
Commonwealth v. Jenner, 681 A.2d 1266 (Pa. 1996).
“9 75 Pa.C.S. § 1540(a) (emphasis added). In the present cases, appellants had previously surrendered their licenses to the department as required under § 1540(a), which does not require that the license be surrendered subsequent to notification in order for the suspension to be…”
— 75 Pa. Cons. Stat. § 1540(b)(1) — 2 cases
— 75 Pa. Cons. Stat. § 1540(b)(3) — 2 cases
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