Traffic Tickets

THE PENNSYLVANIA POINT SYSTEM FACT SHEET (rev October 2005 )

If you are a Pennsylvania driver and receive a out of state ticket, violations may transfer to PA as noted below:

PennDOT maintains a driving record for every licensed driver in Pennsylvania. Points are added to a driving record when a driver is found guilty of certain driving (moving) violations.

The purpose of the point system is to help to improve driving habits and to ensure safe driving. PennDOT begins to take corrective action when a driving record reaches 6 or more points. The following sections explain what happens when a driving record reaches 6 or more points:

Under the Age of 18

The driving privilege of a person under the age of 18 will be suspended if that person accumulates six (6) or more points or is convicted of driving 26 miles per hour or more over the posted speed limit. The first suspension will be for a period of 90 days. Any additional occurrences will result in a suspension of 120 days. This suspension is in addition to the requirements of the point system found below.

First Accumulation of 6 Points

When any driving record reaches 6 or more points for the first time, the driver will receive a written notice to take a special written point examination. The examination will address:

1. Knowledge of Safe Driving Practices,

2. Knowledge of Departmental Sanctions, and

3. Knowledge of Related Safety Issues.

The driver has 30 days to successfully pass the exam or else the license will be suspended until the exam is passed. If theexam is passed within the 30 day period, 2 points will be removed from the driving record.

Second Accumulation of 6 Points

When any driving record is reduced below 6 points and then for a second time reaches 6 or more points, the driver will have

to attend a Departmental Hearing. The driver will receive a written notice of the specific time and location of the required

hearing. At the hearing, a hearing examiner will review the driver's record. After the hearing, the Department may recommend

one or more:

1. Order a 15 Day License Suspension,

2. Order the Driver to Take a Special On-Road Driver's Examination, or

3. Take No Action.

If a person's driving privilege is suspended or a special driver's exam is recommended, 2 points will be removed from the driving record if the driver passes the exam within 30 days or 2 points will be removed once the 15 day suspension has been served. No points are removed from the driving record if the Department does not initiate a sanction.

Failure to attend this Departmental Hearing will result in a 60 day license suspension.
Third or More Accumulation of 6 Points

When any driving record is reduced below 6 points and for the third or subsequent time reaches 6 or more points, the driver will have to attend a Departmental hearing. The hearing examiner will review the driving record. The Department will then determine if a 30 day license suspension will be initiated.

Failure to attend this Departmental hearing will result in the suspension of the driver's license until the driver attends the hearing.

Excessive Speeding

When a driver is convicted for speeding 31 miles per hour or more over the posted speed limit, the driver will have to attend a Departmental Hearing. The driver will receive a written notice of the specific time and location of the required hearing. The hearing examiner will review the driving record. Upon the Department's review of the hearing file, one or both of the following will be initiated:

1. 15 Day License Suspension

2. Special On-Road Driver's Examination

If a 15 day suspension is initiated, the driving record will show 5 points upon restoration. No points are removed if a special driver's examination is initiated and completed.

Failure to attend this Departmental Hearing will result in a 60 day license suspension.
Accumulation of 11 Points or More

When any driving record reaches 11 or more points, the driver's license will automatically be suspended. The length of suspension depends on how many times the license was suspended in the past. The suspension schedule is as follows:

1. First Suspension - 5 days per point

2. Second Suspension - 10 days per point

3. Third Suspension - 15 days per point

4. Subsequent Suspensions - One year

Point Removal for Safe Driving

Reducing Your Point Accumulation

Three (3) points are removed from a driving record for every 12 consecutive months a person drives (from the date of the last violation) without a violation which results in points, license suspension or revocation. Once a driving record is reduced to zero and remains at zero points for 12 consecutive months, any further accumulation of points is treated as the first accumulation of points.

License Suspension and Restoration

If a person's driving privilege is to be suspended, a written notice will be mailed to the driver listing the date when the suspension will begin. The driver may appeal the suspension to his or her county's Court of Common Pleas. The appeal must be made WITHIN 30 DAYS

AFTER the mailing date of the notice. The most recent product (ie, license, permit(s) and/or camera card) must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice or the State Police, local police or other authorities that have

been delegated by the Department will be notified to pick up the license. In addition to serving the suspension or revocation, the appropriate restoration fee must be paid before the license will be returned. After the driving privilege is restored, the driving record will show 5 points, regardless of the number of points which appeared on the record before the license was suspended (except in the case of a 15 day suspension resulting from a hearing for the second accumulation of 6 points).

The following schedule indicates the violations and the number of points given for committing each violation:

Vehicle Code Description # of Points

1512 Violation of restriction on driver's license - wearing glasses, etc..........2
1571 Violation concerning license ............................................................3
3102 Failure to obey authorized persons directing traffic .................. .........2
3112(a)(3)(i) or (ii) . Failure to stop for a red light ....................................3
3114(a)(1) Failure to stop for a flashing red light.......................................3
3302 Failure to yield half of roadway to oncoming vehicle ..........................3
3303 Improper passing, overtaken driver to maintain speed; passing driver to
pull in at safe distance ............................................................................3
3304 Improper passing on the right .........................................................3
3305 Improper passing on the left, clear distance ahead ...........................3
3306(a)(1) Improper passing on a hill ......................................................4
3306(a)(2) Improper passing at a railroad crossing or intersection. ............3
3306(a)(3) Improper passing at a bridge or tunnel ...................................3
3307 Improper passing in a no-passing zone ............................................3
3310 Following too closely ......................................................................3
3321 Failure to yield to driver on the right at intersection ...........................3
3322 Failure to yield to oncoming driver when making left turn ..................3
3323(b) Failure to stop for stop sign.........................................................3
3323(c) Failure to yield at yield sign ........................................................3
3324 Failure to yield when entering or crossing roadway between intersections .............3
3332 Improper turning around - illegal U-turns .........................................3
3341(a) Failure to obey signal indicating approach of train .........................2
3341(b) Failure to comply with crossing gate or barrier 30-day suspension and .............4
3342(b) or (e) Failure to stop at railroad crossings ....................................4
3344 Failure to stop when entering from alley, driveway or building ............3
3345(a) Failure to stop for school bus with flashing red lights 60-day suspension and ...5
3361 Driving too fast for conditions (if violation occurs in an active work zone and in
conjunction with an accident, 15-day suspension) and ...............................2
3362 Exceeding maximum speed (Miles over Speed Limit):
6 to 10 ..................................................................................................2
11 to 15 (if violation occurs in an active work zone, 15-day suspension) and ...................3
16 to 25 (if violation occurs in an active work zone, 15-day suspension) and ...................4
26 to 30 (if violation occurs in an active work zone, 15-day suspension) and ...................5
3 1 and over Departmental Hearing and Sanctions provided under Section 1538(d) and.. 5
(if violation occurs in an active work zone, 15-day suspension)
3365(b) Exceeding special speed limit in school zone .................................3
3365(c) Exceeding special speed limit for trucks on downgrades .................3
3542(a) Failure to yield to pedestrian in crosswalk .....................................2
3547(a) Failure to yield to pedestrian on sidewalk when entering from a driveway or alley ......................................................................................................3
3549(a) Failure to yield to blind pedestrians ...............................................3
3702 Improper backing ...........................................................................3
3714(a) Careless driving .........................................................................3
3745 Leaving scene of accident involving property damage only.................. 4

PENNSYLVANIA FACT SHEET THE DRIVER LICENSE COMPACT (DLC)

If you are a Pennsylvania driver and receive a out of state ticket, violations may transfer to PA as noted below:

Q: What is the Driver License Compact (DLC)?

A: The DLC is a compact among 46 member states to maximize law enforcement efforts nationwide.

The major provisions of the DLC, which member states are committed to uphold and enforce, are:

• The "one driver license" concept, which requires the surrender of an out-of-state driver's license when application for a new license is made;
• The "one driver record" concept, which requires that a complete driver record be maintained in the driver's state of residence to determine driving eligibility in the home state, as well as for his nonresidence operator's privilege in other jurisdictions;
• Reporting of all traffic convictions and license suspension/revocations of out-of-state drivers tothe home state licensing agency, as well as other appropriate information; and
• The assurance of uniform and predictable treatment of drivers by treating offenses committed in other states as though they have been committed in the home state.

Q: When did Pennsylvania (PA) become a member of the DLC?

A: PA joined the DLC on January 1, 1995 and was adopted into Pennsylvania law as Act 1996-No. 149 on December 10, 1996.

Q: What violations committed in a member state will result in the suspension of my driving

privilege in PA?

A: The following offenses, if committed in a member state, would be treated as though the offense had occurred in Pennsylvania and the appropriate sanction would be imposed under the provisions of our Vehicle Code:

• Manslaughter or negligent homicide resulting from the operation of a motor vehicle (Section 3732);
• Driving a motor vehicle while under the influence of alcoholic beverages or a narcotic to a degree which renders the driver incapable of safely driving a motor vehicle (Section 3731);
• Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another (Section 3742);
• Any felony in the commission of which a motor vehicle is used (Crimes Code and Dangerous Drug Act Offenses).

Although reported to PennDOT, minor traffic offenses such as speeding, red light, stop sign, etc., will (NOT) appear on your driving record, unless you are a CDL holder. Points will not be assessed to your PA driving record when convicted of a point related offense in a DLC member state.

Q: Do all member states impose the same suspension terms?

A: No. Some states may impose a term of suspension which is less than or greater than that of PA. PennDOT will impose the suspension term according to the provisions of our Vehicle Code.

Q: How long will my driving privilege be suspended if I am convicted of a DUI in a member state?

A: If your violation occurred prior to 2/1/04, PennDOT will impose a 1 year suspension. If your violation occurred on or after 2/1/04 and it is your first DUI, PennDOT will take no suspension action. If it isyour second or subsequent PennDOT will impose a 1 year.

FACT SHEET THE DRIVER LICENSE COMPACT (DLC)
December 2005

Q: How long will my driving privilege be suspended in PA if I am convicted of a serious trafficoffense other than DUI in a member state?

A: A minimum of one year, however, it could be five years if this is your third serious traffic offense under Section 1542 of the Vehicle Code.

Q: When does my suspension begin in PA?

A: If you are convicted of a serious traffic offense in a DLC member state, that state is required to report the conviction to PennDOT. Upon receipt of the conviction, we will mail you an official notice of suspension with a date the suspension will begin. Credit toward serving your suspension will begin once you have surrendered your valid driver's license, camera card and/or learner's permit to PennDOT.

Q: Do my suspension terms begin and run at the same time in both states?

A: It is unlikely. You will probably receive notice of your suspension in the other state prior to our receipt of your conviction. If you are not otherwise suspended in PA, you may continue to drive in PA until you are notified in writing by PennDOT of this suspension.

Q: What effect does the DLC have on an out-of-state motorist convicted for an offense in PA?

A: All PA convictions for out-of-state motorists will be forwarded to the motorist's home state. Additionally, their privilege to drive in PA will be suspended if convicted of certain serious traffic offenses such as driving under the influence, homicide by vehicle, reckless driving, fleeing or attempting to elude police officer, racing on highway and driving while operating privilege is suspended or revoked.

Q: What States are a member of the DLC?

Non Members: Wisconsin, Tennessee., Michigan, Georgia, Massachusetts

Q: Where do I write or call to get further information about the DLC, my driving record or the PA Point System?

A: You may write to the following address:

PA Department of Transportation In-State 1-800-932-4600
Bureau of Driver Licensing OR CALL Out-of-State (717) 412-5300
P.O. Box 68618 TDD In-State 1-800-228-0676
Harrisburg, PA 17106-8618 TDD Out-of-State (717) 412-5380

DISCLAIMER:

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the Commonwealth of Pennsylvania. The information contained in this Web Site is intended to provide general information about my practice to my current and potential clients. The information provided regarding Pennsylvania Motor vehicle penalties and penalties for out of state violations is public information and can be found at the links below.

Links:

http://www.dmv.state.pa.us/motor_vehicle/index.shtml

http://www.dot10.state.pa.us/pdotforms/fact_sheets/fs-dlc.pdf