The full text of the penalty provision of the CDL statute is set forth below. The sections in
bold relate to DUI / DAI prosecutions:
75 Pa.C.S.A. sec. 1611 - Commercial Drivers - Disqualification
(a) First violation of certain offenses.--Upon receipt of a report of
conviction, the department shall, in addition to any other penalties
imposed under this title, disqualify any person from driving a
commercial motor vehicle or school vehicle for a period of one year for
the first violation of:
(1) section 3802 (relating to driving
under influence of alcohol or controlled substance) or former section
3731, where the person was a commercial driver at the time the
violation occurred;
(2) section 3742 (relating to accidents
involving death or personal injury), where the person was a commercial
driver at the time the violation occurred;
(3) section 3743 (relating to accidents
involving damage to attended vehicle or property), where the person was
a commercial driver at the time the violation occurred;
(4) section 3745 (relating to accidents
involving damage to unattended vehicle or property), where the person
was a commercial driver at the time the violation occurred;
(5) any felony in the commission of
which a court determines a motor vehicle was essentially involved and
where the person was a commercial driver at the time the violation
occurred, except as described in subsection (e);
(6) section 1606(c) (relating to requirement for commercial driver's license); or
(7) any offense wherein the person
caused the death of a person as a result of a motor vehicle accident
through the negligent operation of a commercial motor vehicle,
including, but not limited to, a violation of 18 Pa.C.S. § 2504
(relating to involuntary manslaughter) or a violation of section 3732
(relating to homicide by vehicle).
(b) Offenses involving hazardous materials or a bus.--Except as set
forth in subsection (b.1), the department shall disqualify any person
from driving a commercial motor vehicle for three years if any of the
first offenses in subsection (a) or first refusal in section 1613
(relating to implied consent requirements for commercial motor vehicle
drivers) occurred either while transporting a hazardous material
required to be placarded or while operating a vehicle designed to
transport 16 or more passengers, including the driver.
(b.1) Offenses involving out-of-service orders and a bus or hazardous
materials.--The department shall disqualify any person for two years
for a first violation of operating a commercial motor vehicle while the
driver or vehicle is subject to an out-of-service order if the
violation occurred either while transporting a hazardous material
required to be placarded, or while operating a vehicle designed to
transport 16 or more passengers, including the driver.
(c) Two violations of certain offenses.--Except as set forth in
subsection (c.1), the department shall disqualify for life any person
convicted of two or more violations of any of the offenses specified in
subsection (a), or the subject of two or more reports of test refusal
as specified in section 1613, or any combination of those offenses
and/or refusals, arising from two or more separate and distinct
incidents. Only offenses committed after the effective date of this
chapter may be considered in applying this subsection.
(c.1) Subsequent violations of out-of-service orders.--The department
shall disqualify any person from driving a commercial motor vehicle for
three years for a second or subsequent violation in a ten-year period
of driving while subject to an out-of-service order and for a period of
five years if the offense occurred either while transporting a
hazardous material required to be placarded, or while operating a
vehicle designed to transport 16 or more passengers, including the
driver.
(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.
(e) Disqualification for controlled substance offenses.--The department
shall disqualify any person from driving a commercial motor vehicle for
life who is convicted of using a motor vehicle in the commission of any
felony involving the manufacture, distribution or dispensing of a
controlled substance or possession with intent to manufacture,
distribute or dispense a controlled substance where either:
(1) the person was a commercial driver's license holder at the time of the commission of the felony; or
(2) the motor vehicle used in the commission of the felony was a commercial motor vehicle.
There shall be no exceptions or reductions to this disqualification for life.
(f) Disqualification for failure to have CDL.--In addition to any other
disqualification required by this section, the department shall
disqualify any person from driving a commercial motor vehicle for six
months upon receiving a report of the person's conviction of violating
section 1606(a).
(g) Disqualification for serious traffic offenses.--The department
shall disqualify any person from driving a commercial motor vehicle for
a period of 60 days if convicted of two serious traffic violations, or
120 days if convicted of three serious traffic violations, arising from
separate and distinct incidents occurring within a three-year period. A
violation will only be considered a serious traffic violation for
purposes of this subsection where:
(1) the person was a commercial
driver's license holder at the time of the violation, and conviction of
the violation results in a revocation, cancellation or suspension of
the person's operating privileges for noncommercial motor vehicles; or
(2) the person was operating a commercial motor vehicle at the time of the violation.
(h) Conviction in Federal court or another state.--For purposes of the
provisions of this section, a copy of a report of conviction or a copy
of a report of administrative adjudication from a Federal court or
another state for an offense similar to those offenses which would
result in disqualification in this section shall be treated by the
department as if the conviction had occurred in this Commonwealth. A
conviction for negligent homicide shall be treated as similar to either
a conviction for violating 18 Pa.C.S. § 2504 or a conviction for
violating section 3732 for purposes of the provisions of this section.
(i) Surrender of license.--Upon the disqualification of the commercial
driving privilege or school vehicle driving privilege of a person, the
license shall be surrendered as provided in section 1540 (relating to
surrender of license). If the person is not a CDL holder, then the
person shall submit an acknowledgment of disqualification to the
department in lieu of the license.
(j) Updating driving record.--After disqualifying, suspending,
revoking, recalling or canceling a commercial driving privilege, the
department shall update its records to reflect that action. After
disqualifying, suspending, revoking, recalling or canceling a
commercial driving privilege issued by another state, the department
shall notify the licensing authority of the state which issued the
commercial driver's license or nonresident commercial driver's license.
In addition to any other records required or authorized to be kept by
the department, the department shall file or make suitable notation in
its records thereof all reports of the conviction of any violation, in
any motor vehicle, of a State or local traffic control law, except a
parking violation, and also for any other report of conviction or
report of test refusal that results in disqualification pursuant to
this chapter, of a person who was a commercial driver at the time of
the violation that are received by the department from any court or
administrative body of the Commonwealth, another state or the Federal
Government. Such reports or suitable notations may be stored and
admitted into evidence by the department as provided in section 1516(b)
(relating to department records). Notwithstanding any other provision
of law, no record maintained by the department in accordance with the
provisions of this subsection may be expunged by order of court.
(k) Disqualification for railroad crossing offenses.--The department
shall disqualify any person from driving a commercial motor vehicle
upon receiving a report of the person's conviction for an offense under
section 3341 (relating to obedience to signal indicating approach of
train), 3342 (relating to vehicles required to stop at railroad
crossings) or 3343(a), (c) or (d) (relating to moving heavy equipment
at railroad grade crossings) committed in a commercial vehicle as
follows:
(1) 60 days for a first conviction.
(2) 120 days for a second conviction arising from separate and distinct incidents occurring within a three-year period.
(3) One year for a third conviction arising from separate and distinct incidents occurring within a three-year period.
(l) Disqualification for incomplete or fraudulent application.--The
department shall disqualify any person from driving a commercial motor
vehicle for 60 days upon canceling the person's commercial driver's
license pursuant to section 1572(a)(1)(ii) (relating to cancellation of
driver's license) involving an application related to the requirements
of this chapter.
(m) Limitation on noncommercial motor vehicle-based
disqualifications.--A violation which occurred prior to the effective
date of this subsection and which did not involve a commercial motor
vehicle shall not be considered by the department for purposes of
applying a disqualification pursuant to this section.
(n) Consecutive application.--All disqualifications shall be imposed consecutively.
[Text relevant to DUI / DAI commercial drivers amended 2005, July 5, P.L. 100, No. 37, § 6, effective 90 days after publication of notice in the Pennsylvania Bulletin [Oct. 14, 2005]. Most recent amendments - November 26, 2008.]
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