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PA Bulletin, Doc. No. 05-1864

NOTICES

DEPARTMENT OF TRANSPORTATION

Definition of Serious Traffic Violation

[35 Pa.B. 5586]

   The Department of Transportation (Department), Bureau of Driver Licensing, gives notice, under subsection (5) of the definition of ''serious traffic violation'' in 75 Pa.C.S. § 1603 (relating to definitions), that a violation of 75 Pa.C.S. § 1501(a) (relating to drivers required to be licensed) shall be considered a serious traffic violation under 75 Pa.C.S. Chapter 16 (relating to Uniform Commercial Driver's License Act).

   The definition of ''serious traffic violation'' in 75 Pa.C.S. § 1603 includes ''any violation of section 1606(a) (relating to requirement for commercial driver's license).'' In addition to 75 Pa.C.S. § 1606(a) specifically relating to a commercial driver's license, a driver's failure to obtain a commercial driver's license may also be considered and reported to be a violation of 75 Pa.C.S. § 1501(a). The inclusion of violation of 75 Pa.C.S. § 1501(a) within the definition is consistent with Federal Highway Administration regulations at 49 CFR 383.5 and 383.51, Table 2 (relating to definitions; and disqualification of drivers).

   Accordingly, the purpose of this notice, consistent with the provisions of the definition of ''serious traffic violation'' in 75 Pa.C.S. § 1603 and ''requirement for commercial driver's license'' appearing in 75 Pa.C.S. § 1606(a), is to include a conviction for violating 75 Pa.C.S. § 1501(a) while operating a commercial motor vehicle as a serious traffic violation. Violations of either 75 Pa.C.S. § 1501(a) or § 1606(a) by a driver operating a commercial motor vehicle shall be considered to be a serious traffic violation for purposes of 75 Pa.C.S. Chapter 16.

   This notice affects drivers within this Commonwealth since it expands the offenses which may result in driver disqualification under 75 Pa.C.S. § 1611(g) (relating to disqualification). That section disqualifies commercial motor vehicle drivers from driving a commercial motor vehicle for 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 3-year period.

   Upon the publication of this notice, serious traffic violations shall not include weight and defect violations, but shall consist of the following as provided in 49 CFR 383.5 and 75 Pa.C.S. § 1603:

   *  Excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;

   *  Reckless driving, as defined by State or local law or regulation, including but not limited to, offenses of driving a commercial motor vehicle in willful or wanton disregard for the safety of persons or property;

   *  Improper or erratic traffic lane changes;

   *  Following the vehicle ahead too closely;

   *  A violation, arising in connection with a fatal accident, of State or local control (other than a parking violation);

   *  Driving a Commercial Motor Vehicle (CMV) without obtaining a Commercial Driver's License (CDL) in violation of 75 Pa.C.S. § 1501(a) or § 1606(a);

   *  Driving a CMV without a CDL in the driver's possession. Any individual who provides proof to the enforcement authority that issued the citation by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense;

   *  Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated for the passengers or type of cargo being transported; or

   *  Any violation of 75 Pa.C.S.:

   Section 3305 (relating to limitations on overtaking on left);

   Section 3306 (relating to limitations on driving on left side of roadway);

   Section 3307 (relating to no-passing zones);

   Section 3309 (relating to driving on roadways laned for traffic);

   Section 3310 (relating to following too closely);

   Section 3326 (relating to duty of driver in construction and maintenance areas or on highway safety corridors); or

   Section 3365(c) (relating to special speed limitations).

ALLEN D. BIEHLER, P. E.,   
Secretary

[Pa.B. Doc. No. 05-1864. Filed for public inspection October 7, 2005, 9:00 a.m.]


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