Pennsylvania HB 960: An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in commercial drivers, further providing for disqualification.

Bill Text

PRIOR PRINTER'S NOS. 1034, 1460 PRINTER'S NO. 1727
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 960
Session of
2025
INTRODUCED BY HILL-EVANS, GIRAL, SANCHEZ, BURGOS, PROBST, KHAN,
KENYATTA, GREEN, CURRY AND WEBSTER, MARCH 18, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 14, 2025
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in commercial drivers, further providing for
disqualification.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1611(d) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1611. Disqualification.
* * *
(d) Mitigation of disqualification for life.--[The
department may issue regulations establishing guidelines,
including conditions, under which a disqualification for life
under subsection (c) may be reduced to a period of not less than
ten years, if such reductions are permitted by Federal
regulations.]
(1) Except as provided under paragraph (2), a person
subject to lifetime disqualification of commercial driving
privileges under subsection (c) may apply to the department
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for reinstatement of commercial driving privileges. The
reinstatement shall be subject to the discretion of the
department and the following requirements:
(i) The person shall voluntarily enter and
successfully complete an appropriate rehabilitation
program approved by the Department of Health if the
lifetime disqualification was a result of a violation of
any of the following:
(A) S ection 3802 or former section 3731.
(B) Section 1547 (relating to chemical testing
to determine amount of alcohol or controlled
substance) for a refusal to submit to chemical
testing.
(ii) T he person shall attend and successfully
complete an approved driver improvement course
administered by a driver improvement school authorized
under section 1549 (relating to establishment of
schools), regardless of the underlying reason for the
lifetime disqualification.
(iii) T he person shall pay the restoration fee
required under section 1617(2) (relating to fees).
(iv) T he person shall meet all the requirements
under Federal and State law to hold a commercial driver's
license.
(v) W ithin the ten years preceding the date of an
application submitted under this subsection, the person
may not have been convicted of any of the following:
(A) A violation of section 3802 or former
section 3731.
(B) A violation of section 3742.
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(C) A violation of section 3743.
(D) A violation of section 3745.
(E) A felony in the commission of which a court
determined that a motor vehicle was essentially
involved.
(F) A violation of section 1606(c).
(G) A violation of section 1543(b)(1.1)
(relating to driving while operating privilege is
suspended or revoked).
(H) A violation of section 3808(a)(2) (relating
to illegally operating a motor vehicle not equipped
with ignition interlock).
(I) A violation of section 1547 for a refusal to
submit to chemical testing.
(J) An offense in another state similar to an
offense specified in this subparagraph.
(vi) The person shall comply with a requirement or
condition imposed by a court that is consistent with the
treatment needs of the person, the restoration of a
victim to preoffense status or the protection of the
public.
(vii) At least ten years have elapsed from the
effective date of the lifetime disqualification of
commercial driving privileges under subsection (c).
(VIII) THE PERSON SHALL PROVIDE TO THE DEPARTMENT
PROOF OF CITIZENSHIP OR LAWFUL PERMANENT RESIDENCY AS
REQUIRED BY 49 CFR PT. 383 (RELATING TO COMMERCIAL
DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES).
(2) A person who has been convicted of a violation of
any of the following shall be ineligible for reinstatement of
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commercial driving privileges under this subsection:
(i) The use of a commercial motor vehicle in the
commission of a felony involving the manufacture,
distribution or dispensing of a controlled substance or
possession with intent to manufacture, distribute or
dispense a controlled substance.
(ii) The use of a commercial motor vehicle in the
commission of a felony involving an act or practice of
severe forms of trafficking in persons as defined in 22
U.S.C. § 7102(11) (relating to definitions).
(iii) Three or more violations of section 3802 or
former section 3731 when the person was a commercial
driver at the time the violations occurred.
(iv) A violation of section 3742 where the motor
vehicle was involved in an accident resulting in the
death of a person.
(v) An offense that caused the death of a person as
a result of a motor vehicle accident through the
negligent operation of a motor vehicle, including a
violation of 18 Pa.C.S. § 2504 or a violation