CARDENAS LAW FIRM, P.C. 
A PROFESSIONAL CORPORATION

18 SOUTH GEORGE ST, SUITE 615
YORK, PENNSYLVANIA 17401

(717) 854-6400 Office  (866) 353-5570 Fax

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HAVING A DRIVER'S LICENSE IN PENNSYLVANIA IS A PRIVILEGE, 
NOT A RIGHT.

PROTECT THAT PRIVILEGE WITH KNOWLEDGE

If you want an attorney to contact you or if you have any questions regarding your
driver's license, a suspension or a suspension appeal please call us at
717 854-6400
or fill out and submitted our "Request Form" and we will contact you immediately.


THE PENNSYLVANIA POINT SYSTEM AND HOW IT WORKS

        The Department of Transportation 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 insure safe driving. The Department begins to take corrective actions when a driving record reaches 6 or more points. The following sections explain what happens when a driving record reaches 6 or more points:

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 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 the exam 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 will:

                    1.) Order a 15 Day License Suspension,

                    2.) Order the Driver to Take a Special 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 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

        Three 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 persons' 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 driver's license must be returned to the Bureau of Driver Licensing by the effective date of suspension listed on the notice or the State Police and local police 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 five 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 six points).

NOTICE OF CHANGE OF NAME OR ADDRESS

    Within 15 days of Change of name or address, you are required by law to notify the Bureau of Driver Licensing in writing.

For Additional Information

    If you have questions about your driving record or the Pennsylvania Point System in general, call:

In State: 1-800-932-4600 Out-of-State: 1-717-391-6190 TDD in State: 1-800-228-0676 TDD Out-of-State: 1-717-391-6191

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 policeman or authorized person 2
3102 Failure to obey policeman or authorized person 2
3112(a)(3)(i)  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 un 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
3341 Failure to stop for flashing red lights or gate at railroad crossing 3
3344 Failure to stop when entering from alley, driveway or building 3
3345(a)

Failure to stop for school bus with flashing red lights 5 

5Pts & 60 day Suspension
3361 Driving too fast for conditions 2

3362

Exceeding maximum speed Miles Over Speed Limit:              6 to 10  mph over limit
                                                                                               11 to 15 mph over limit
                                                                       16 to 25 mph over limit
                                                                       26 to 30 mph over limit
                                                                                               31 and over

2
3
4
5
5 (and a
departmental hearing and sanctions provided under 1538(d))
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 Failure to yield to pedestrian on sidewalk when entering from a driveway or alley 3
3549(a)  Failure to yield to blind pedestrians 33702 Improper backing 3
3714 Careless driving 3
3745 Leaving scene of accident involving property damage only 4
 

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DISCLAIMER:  The information presented on this web site is designed to be informative, but is not a substitute for qualified legal advice, and does not attempt to contain a comprehensive discussion or description of any area of law discussed, which can be very technical and complex topics.  Do not rely on the materials presented herein without specific consultation with an attorney concerning your specific legal situation.  The posting of this web site for viewing by potential clients or others interested in learning about legal topics does not create an attorney-client relationship.  Similarly, the fact that an attorney may informally answer general E-Mail questions does not create an attorney-client relationship.  The attorneys at the Cardenas Law Firm, PC are current licensed to practice only in the State of Pennsylvania.  This web site is for informational and advertising purposes only and is not an attempt to solicit clients via its Web site.  An attorney-client relationship is formed only after the potential client meets with one of the attorneys in our office for an initial consultation, AND has paid the appropriate retainer fee.

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