(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. The
hearing examiner may recommend one or more of the following:
(i) That the person be required to attend a driver improvement
(ii) That the person undergo an examination as provided for in
(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 to attend and satisfactorily complete the
requirements of a driver improvement school shall result in the suspension of such person's
operating privilege for 60 days. Failure to pass an examination shall result in the suspension of
such person's operating privilege until the examination has 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)
1999 Amendment. Act 23 added subsec. (e).
Cross References. Section 1538 is referred to in sections 1535, 1553, 1554 of this title.
§ 1539. Suspension of operating privilege on accumulation of points.
(a) General rule.--When any person's record shows an accumulation of 11 points or more, the
department shall suspend the operating privilege of the person as provided in subsection (b).
(b) Duration of suspension.--The first suspension shall be for a period of 5 days for each point,
the second suspension shall be for a period of 10 days for each point, the third suspension shall be for
a period of 15 days for each point and any subsequent suspension shall be for a period of one year.
© Determination of subsequent suspensions.--Every suspension and revocation under any
provision of this subchapter shall be counted in determining whether a suspension is a second, third or
subsequent suspension. Acceptance of Accelerative Rehabilitative Disposition for an offense
enumerated in section 1532 (relating to revocation or suspension of operating privilege) or 3802
(relating to driving under influence of alcohol or controlled substance) shall be considered a
suspension in making such determination.
(d) Section not exclusive.--Suspension under this section is in addition to any suspension
mandated under section 1535 (relating to schedule of convictions and points).
(Sept. 30, 2003, P.L.120, No.24, eff. Feb. 1, 2004)
2003 Amendment. Act 24 amended subsec. ©.
Suspensions and Convictions Under Prior Law. Section 2(d)(3) of Act 81 of 1976 provided that
no suspensions and convictions under former sections 618(b)(2) and 619.1 of the Vehicle Code of
1959 shall constitute prior suspensions for the purpose of determining the length of suspensions under
Cross References. Section 1539 is referred to in sections 1551, 1554 of this title.
§ 1540. Surrender of license.
(a) Conviction of offense.--Upon a conviction by a court of competent jurisdiction for any
offense which calls for mandatory suspension in accordance with section 1532 (relating to suspension
of operating privilege), the court or the district attorney shall require the surrender of any driver's
license then held by the defendant and shall forward the driver's license together with a record of the
conviction to the department. The suspension shall be effective upon a date determined by the court or
district attorney or upon the date of surrender of the license to the court or district attorney, whichever
shall first occur.
(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.
(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 the
(i) a date determined by the department; or
(ii) the date of filing or mailing of the license or acknowledgment to
the department, if that date is subsequent to the department's notice to surrender the
(4) Upon surrender of the license or acknowledgment, the department shall issue a
receipt showing the date that it received the license or acknowledgment.
© Seizure of revoked, suspended, canceled or disqualified licenses.--
(1) The department may delegate authority to the following persons to seize the
driver's license of any person whose driver's license has been ordered to be surrendered by a
court or district attorney or by the department:
(i) A designated Commonwealth employee.
(ii) Members of the Pennsylvania State Police.
(iii) Local police officers.
(iv) Sheriffs or deputy sheriffs.
(v) Constables or deputy constables. If constables and deputy
constables are delegated authority to seize drivers' licenses under this subsection, they
shall be compensated by the department at the rate of $15 for each driver's license seized,
plus mileage. The department shall pay a constable or deputy constable within 30 days
after a documented request is submitted to it.
(2) The department shall, by regulation, prescribe the manner of selecting those
persons who are delegated authority under this subsection to seize the drivers' licenses.
(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)
1998 Amendment. Act 151 amended subsec. (a).
1995 Amendment. Act 30 amended subsec. (b).
1990 Amendments. Act 6 amended subsec. © and Act 42 amended subsecs. (b) and ©.
Cross References. Section 1540 is referred to in sections 1541, 1547, 1553, 1554, 1611, 3327,
3805, 3808 of this title.