Important
Information Regarding Acts 152 and 229
Two
acts (Act 152 and Act 229) affecting PennDOT’s Driver and Vehicle Services were
enacted by the General Assembly in December 2002. The provisions of these acts
change many of PennDOT’s motor vehicle and driver licensing procedures,
implement added safety and security measures and increase penalties for driving
irresponsibly. The following list outlines components of both Acts and the
changes that impact customers. We encourage you to share this information.
Act
152
Commercial
Driver Learner’s (CDL) Permit. Requires a person to hold a commercial learner’s
permit for at least 30 days before the skills test can be taken. This provides
time for the driver to practice skills necessary to safely operate a commercial
motor vehicle.
-Effective
February 7, 2003.
Zero
Tolerance for Commercial and School Vehicle Drivers Operating with Any Alcohol
in System provides a new disqualification for school vehicle drivers convicted
of driving under the influence of alcohol or a controlled substance. Reduces
the Blood Alcohol Content threshold for school bus drivers from .04% to .02%.
School vehicle drivers are also included in the zero tolerance for alcohol use
requirement. Addresses a critical safety issue by ensuring that school bus and
school vehicle drivers who operate under the influence of alcohol are subject
to severe penalties (i.e. a one year disqualification for a first offense, and
a lifetime disqualification for a second offense).
-Effective
February 7, 2003.
Motorcycles.
Eliminates the requirement that motorcycle handlebars not exceed the shoulder
height of the driver. Also requires motorcyclists to drive with their
headlights on. The headlight requirement increases the visibility of
motorcyclists.
-Effective
April 6, 2003.
Homeland
Security Provisions. The importance of improving the security of the licensing
process was apparent on September 11, 2001. To ensure that other DMVs are able
to determine when to screen for legal presence, PennDOT may place a non-citizen
indicator on the license. Issuance of drivers’ licenses to non-U.S. citizens
requires PennDOT to verify 1) one-year legal presence in the United States
through INS documents and 2) the driver’s license expiration date is concurrent
with the expiration date on the INS credentials. Provides PennDOT with the
authority to invalidate Pennsylvania drivers’ licenses when drivers move out of
state. Provides funding for these security enhancements. The annual fee for a
driver’s license increases from $5 to $5.25. Commercial drivers with hazardous
materials endorsements will pay an additional $10 for issuance or renewal of
their commercial driver’s license.
-Residency
and fee increases effective April 6, 2003.
-INS
expiration & non-citizen indicator changes effective September 5, 2003.
Financial
Responsibility. Provides the Department the authority to suspend driver
licenses/vehicle registrations, as appropriate, upon receipt of notices from
insurance companies indicating a cancellation, termination and/or lapse of
insurance.
-Effective
February 7, 2003.
Clarification
of definitions and processes for flood, reconstructed, recovered theft, theft,
modified, salvage and non-repairable vehicles. Provides better consumer
protection by requiring the use of branding on certificate of titles and
consistent processing requirements.
-Effective
February 7, 2003.
40-hour
Requirement for Inspection Stations. Requires that PennDOT promulgate
regulations that provide a waiver of the 40-hour (Monday thru Friday)
requirement that an inspection station must be open for business and requires,
at a minimum, that a station be open for business at least 20 hours of which at
least 10 business hours must be during a normal Monday through Friday workweek
(7 a.m. to 8 p.m.). The provision provides an opportunity to address changes in
business practices of longer and less traditional hours of operation to address
customer needs.
-Effective
February 7, 2003.
Abandoned
Vehicles. Provides additional report, notice and requirements for abandoned
vehicles. Changes in penalties and payment costs to salvor and PennDOT are also
included. These changes provide further clarification of abandoned vehicle
requirements that address the salvors, police departments and PennDOT.
-Effective
February 7, 2003.
Changes
to messenger services. Provides PennDOT authority to enter into contracts for
messenger and agent services. Those contracts will take the place of regulatory
requirements currently used. PennDOT will be given more discretion to deal with
messenger and agent services that have committed illegal or unethical business
practices that impact on title, registration and driver licensing processes in
a more timely and efficient manner.
-Effective
December 9, 2004.
Act 229
New
restrictions for Occupational Limited Licenses. Prohibits issuance of
Occupational Limited Licenses to drivers convicted of homicide by vehicle and
other serious traffic offenses in Chapter 37 Subchapter B, as well as all
Subchapter C, convictions relating to accidents and accident reports (e.g.,
duty to give information and render aid, accidents involving damage to
unattended vehicles or property, etc.). Ensures high-risk drivers convicted of
very serious offenses are not authorized to drive while serving a suspension or
revocation.
-Effective
February 21, 2003.
Licensing
Restriction for CDL drivers. Prohibits the issuance of Commercial Driver
Occupational Limited (OLL) Licenses. Ensures high-risk drivers are not
authorized to drive a commercial vehicle while serving a suspension of
revocation, regardless of whether or not the violations occurred in a
commercial vehicle. Brings Pennsylvania law into compliance with Federal law.
-Effective
February 21, 2003. NOTE: PennDOT currently complies with Federal requirement.
New
Restriction for Probationary License. Prohibits the issuance of a Probationary
License to drivers convicted within seven years of an accident involving death,
personal injury while not properly licensed, or aggravated assault by vehicle
while driving under the influence. Ensures high-risk drivers are not permitted
to drive.
Effective
February 21, 2003.
Increased
alcohol and controlled substance testing. Requires that drivers of motor
carrier vehicles, buses, school buses or vehicles transporting hazardous
materials must submit to testing for alcohol and controlled substances, if
involved in a reportable accident. The cost is borne by the drivers’ employer.
In an effort to get dangerous drivers off the road, it ensures that drivers are
screened for DUI when an accident occurs.
-Effective
February 21, 2003.
Lighted
headlamps in signed work zones. All drivers are required to have lighted
headlamps in signed work zones. This provision ensures increased visibility of
vehicles in work zones, and enhanced driver awareness of the work zones.
-Effective
February 21, 2003.
Motor
Carrier Definition, Inspection Self-certification and Registration Sanctioning.
A motor carrier vehicle is now defined as a vehicle, 10,001 lbs. or more and
used in interstate commerce. At the time of renewal, motor carrier vehicles are
now required to include a self-certification of vehicle safety inspection.
Includes authority for PennDOT to develop an audit process to validate
self-certification compliance. Provides for a three-month vehicle registration
suspension when determined a renewed vehicle did not have a currently valid
safety inspection. Will support proper vehicle safety inspection requirements
for motor carrier vehicles. Additional information and instructions will be
distributed closer to the effective date.
-Effective
June 23, 2003.
New
suspensions. Provides a 15-day suspension for drivers convicted of speeding in
an active work zone if PennDOT also receives an accident report, or when the
driver exceeds the speed limit by 11 miles per hour or more. More stringent
penalties for speeding in active work zones will encourage drivers to slow
down.
-Effective
June 23, 2003.
Defines
highway safety corridors. CDL drivers who violate Section 3326 (relating to
duty of drivers in construction or maintenance areas) receive the same serious
traffic offense penalties when the violation occurs on highway safety
corridors. Recognizes the importance of safe driving on high-risk roadways.
-Effective
June 23, 2003.
Child
Restraint Systems. Drivers of a passenger car, class I or class II truck,
classic motor vehicle, antique motor vehicle, or motor home who transport
children, 4 years of age or older, but less than 8 must fasten the child
securely in a safety seat system and an appropriate fitting child booster seat.
Drivers are also responsible for ensuring that all occupants age 8 and older
but under age 18 are wearing a safety belt when riding anywhere in the vehicle.
This also applies to school vehicles.
-Effective
February 21, 2003.
In
addition to the legislative changes mentioned above and as a reminder, in
October 2002, Act 123 was signed into law by the Governor that increased the
fine for passing a stopped school bus from $100 to $250. This law became
effective October 4, 2002.