§ 1541. Period of disqualification, revocation or suspension of operating privilege.
(a) Commencement of period.--The period of disqualification, revocation or suspension of the operating privilege
or the disqualification of the commercial operating privilege shall commence as provided
for in section 1540 (relating to surrender of license), except for the suspension
of the operating privilege of an unlicensed individual under 16 years of age, in which
case the suspension shall commence automatically upon the individual's 16th birthday
for the specified period. The department may, upon request of the person whose license
is suspended or disqualified, delay the commencement of the period of suspension or
disqualification for a period not exceeding six months whenever the department determines
that failure to grant the extension will result in hardship to the person whose license
has been suspended or disqualified.
(a.1) Credit toward serving period of suspension for certain violations.--Credit toward serving the period of suspension or revocation imposed for sections
1543(b)(1.1) (relating to driving while operating privilege is suspended or revoked),
3732 (relating to homicide by vehicle), 3735 (relating to homicide by vehicle while
driving under influence), 3735.1 (relating to aggravated assault by vehicle while
driving under the influence), 3742 (relating to accidents involving death or personal
injury), 3802 (relating to driving under influence of alcohol or controlled substance)
and 3808(a)(2) (relating to illegally operating a motor vehicle not equipped with
ignition interlock) shall not commence until the date of the person's release from
prison.
(b) Eligibility for restoration of operating privilege.--Any person whose operating privilege has been revoked or suspended shall not be eligible
for the restoration of the operating privilege until the expiration of the period
of revocation or suspension.
(c) Restoration of revoked operating privilege.--Any person whose operating privilege has been revoked pursuant to section 1542 (relating
to revocation of habitual offender's license) or 1543 is not entitled to automatic
restoration of the operating privilege. Such person may apply for a learner's permit,
if permitted under the provisions of this chapter, upon expiration of the revocation.
(d) Continued suspension of operating privilege.--A defendant ordered by the court under section 3816 (relating to requirements for
driving under influence offenders), as the result of a conviction or Accelerated Rehabilitative
Disposition of a violation of section 3802 to attend a treatment program for alcohol
or drug addiction must successfully complete all requirements of the treatment program
ordered by the court before the defendant's operating privilege may be restored. Successful
completion of a treatment program includes the payment of all court-imposed fines
and costs, as well as fees to be paid to the treatment program by the defendant. For
the purposes of restoring a suspended license, being current on a payment plan shall
be considered as a part of a successfully completed program. If a defendant fails
to successfully complete the requirements of a treatment program, the suspension shall
remain in effect until the defendant completes the program and is otherwise eligible
for restoration of his operating privilege. The treatment agency shall immediately
notify the court of successful completion of the treatment program. The final decision
as to whether a defendant has successfully completed the treatment program rests with
the court.
(e) (Reserved).
(Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 11, 1990, P.L.513, No.122, eff.
Dec. 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. 1 year; Oct. 4, 2002, P.L.845,
No.123, eff. 60 days; Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004; May 11, 2006,
P.L.159, No.37, eff. 60 days; May 11, 2006, P.L.164, No.40, eff. 60 days; Oct. 27,
2006, P.L.1182, No.122, eff. 60 days; July 20, 2017, P.L.333, No.30, eff. 15 months)
2017 Amendment. Act 30 amended subsecs. (a) and (e).
2006 Amendments. Act 37 amended subsec. (d), Act 40 amended subsec. (a.1) and Act 122 added subsec.
(e).
2003 Amendment. Act 24 amended subsecs. (a.1), (c) and (d).
2002 Amendment. Act 123 amended the section heading and subsec. (a).
Cross References. Section 1541 is referred to in section 3815 of this title.
Notes of Decisions
Commonwealth v. MacSherry, 537 A.2d 871 (Pa. 1988).
· cites it 6× “Did the lower court err in applying 75 Pa.C.S. § 1541, by finding the appellant guilty of driving under suspension/driving under the influence related, when the statute clearly states that suspension commences only after the license is surrendered to the state, and at the time…”
Commonwealth v. Martin, 499 A.2d 344 (Pa. 1985).
“However, where there is additional evidence, for example that the defendant returned his license to the Bureau of Traffic Safety pursuant to 75 Pa.C.S. § 1541, then the evidence may be sufficient to demonstrate actual notice.”
Meade v. Commonwealth, Dep't of Transp., 813 A.2d 937 (Pa. Commw. Ct. 2002).
· cites it 3× “The Bureau filed preliminary objections asserting that Meade does not have a clear right to either the declaratory judgment or the injunctive relief he requested inasmuch as: (a) he failed to comply with Section 1541 of the Code, 75 Pa.C.S. § 1541, by failing to surrender either…”
Commonwealth v. Wolf, 632 A.2d 864 (Pa. 1993).
“75 Pa.C.S. § 1541(a). The six-month delay available in cases of hardship, sufficiently exhibits to us that the Legislature was aware of the inconvenience or frustration associated with the loss of driving privileges and expressly ameliorated it to the extent it deemed to be…”
Com., Dept. of Transp. v. Cern, 604 A.2d 1135 (Pa. Commw. Ct. 1992).
· cites it 2× “See Section 1541(a) of the Code, 75 Pa.C.S. § 1541(a). 11 . As noted above, the act of surrendering a driver’s license relates to the issue of credit which is a determination to be made by DOT in the first instance.”
Commonwealth v. Jenner, 681 A.2d 1266 (Pa. 1996).
“75 Pa.C.S. § 1541(a). Section 1540(a) of the Motor Vehicle Code, (governing the surrender of licenses), provides in pertinent part: (a) Conviction of offense.”
Sherry v. Dep't of Transp., 893 A.2d 208 (Pa. Commw. Ct. 2006).
· cites it 2× “” 75 Pa.C.S. § 1541(a). We recognize that section 1540(a) of the Vehicle Code requires the surrender of any driver’s license “held” by a licensee and that Licensee may not have been in possession of his commercial driver learner’s permit on March 24, 2004, because it was stolen.”
Commonwealth v. Harbst, 763 A.2d 953 (Pa. Commw. Ct. 2000).
· cites it 4× “Dana Harbst (Appellant) appeals from an order of the Court of Common Pleas of Bradford County denying Appellant’s “Petition to Direct Clerk of Courts to Certify Completion of Treatment Program” in order to have her operating privileges restored pursuant to Section 1541(d) of the…”
Commonwealth v. Shinn, 534 A.2d 515 (Pa. 1987).
““However, where there is additional evidence, for example that the defendant returned his license to the Bureau of Traffic Safety [Department] pursuant to 75 Pa.C.S. § 1541, then the evidence may be sufficient to demonstrate actual notice.”
Commonwealth v. Stiver, 515 A.2d 99 (Pa. Commw. Ct. 1986).
“The Department now argues to the contrary that Section 1541 of the Code, 75 Pa. C. S. §1541, provides in pertinent part: The period of revocation or suspension of the operating privilege shall commence on the date on which the drivers license was surrendered to and received hy…”
Realmuto v. Dep't of Transp., 637 A.2d 769 (Pa. Commw. Ct. 1994).
“The other applicable section, 75 Pa.C.S. § 1541(a) provides as follows: (a) Commencement of period.”
Commonwealth v. Rosenberger, 626 A.2d 181 (Pa. Super. Ct. 1993).
· cites it 2× “In an equally brief and cursory argument, the Commonwealth claims that Appellant did not acknowledge his DUI-related suspension with PennDot, and, according to 75 Pa.C.S. § 1541, he has received no credit toward that suspension.”
— 75 Pa. Cons. Stat. § 1541(a) — 16 cases
Commonwealth v. MacSherry, 537 A.2d 871 (Pa. 1988).
“Did the lower court err in applying 75 Pa.C.S. § 1541, by finding the appellant guilty of driving under suspension/driving under the influence related, when the statute clearly states that suspension commences only after the license is surrendered to the state, and at the time…”
Commonwealth v. Wolf, 632 A.2d 864 (Pa. 1993).
“75 Pa.C.S. § 1541(a). The six-month delay available in cases of hardship, sufficiently exhibits to us that the Legislature was aware of the inconvenience or frustration associated with the loss of driving privileges and expressly ameliorated it to the extent it deemed to be…”
Com., Dept. of Transp. v. Cern, 604 A.2d 1135 (Pa. Commw. Ct. 1992).
“See Section 1541(a) of the Code, 75 Pa.C.S. § 1541(a). 11 . As noted above, the act of surrendering a driver’s license relates to the issue of credit which is a determination to be made by DOT in the first instance.”
Commonwealth v. Jenner, 681 A.2d 1266 (Pa. 1996).
“75 Pa.C.S. § 1541(a). Section 1540(a) of the Motor Vehicle Code, (governing the surrender of licenses), provides in pertinent part: (a) Conviction of offense.”
Meade v. Commonwealth, Dep't of Transp., 813 A.2d 937 (Pa. Commw. Ct. 2002).
“The Bureau filed preliminary objections asserting that Meade does not have a clear right to either the declaratory judgment or the injunctive relief he requested inasmuch as: (a) he failed to comply with Section 1541 of the Code, 75 Pa.C.S. § 1541, by failing to surrender either…”
— 75 Pa. Cons. Stat. § 1541(c) — 2 cases
— 75 Pa. Cons. Stat. § 1541(d) — 3 cases
Commonwealth v. Harbst, 763 A.2d 953 (Pa. Commw. Ct. 2000).
“Dana Harbst (Appellant) appeals from an order of the Court of Common Pleas of Bradford County denying Appellant’s “Petition to Direct Clerk of Courts to Certify Completion of Treatment Program” in order to have her operating privileges restored pursuant to Section 1541(d) of the…”
— 75 Pa. Cons. Stat. § 1541(e) — 1 case
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