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PA Bulletin, Doc. No. 06-391

RULES AND REGULATIONS

Title 67--TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

[67 PA. CODE CH. 86]

Occupational Limited License

[36 Pa.B. 1128]

   The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 1553 and 6103 (relating to occupational limited license; and promulgation of rules and regulations by department), amends Chapter 86 (relating to occupational limited license) to read as set forth in Annex A.

Purpose of this Chapter

   The purpose of this chapter is to provide guidance regarding when the Department will require additional information or additional evidence to verify the information contained in a petition for an occupational limited license. This chapter also provides that the Department may conduct an investigation to verify the information in the petition and itemizes the information that is required to be on the Occupational Limited License Affidavit.

Publication for Public Comment

   The proposed rulemaking was published at 34 Pa.B. 5160 (September 18, 2004) and the public was invited to submit comments. The rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees. No comments or objections to the rulemaking were received from the public, IRRC or the House and Senate Committees.

Persons and Entities Affected

   This final-form rulemaking will affect drivers petitioning for the issuance of an occupational limited license under 75 Pa.C.S. § 1553.

Fiscal Impact

   The final-form rulemaking will not require the expenditure of any significant additional funds by the Commonwealth. Marginal cost to the Commonwealth would result if the Department conducts further investigation regarding the information on an applicant's petition under § 86.102 (relating to investigation). Marginal cost to members of the regulated community may result if the Department requires an applicant to submit additional information to support the petition for an occupational limited license.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 8, 2004, the Department submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B 5610, to IRRC and the Chairpersons of the House and Senate Transportation Committees for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the Committees and the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on May 29, 2005, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC effective June 8, 2005, confirmed at meeting of IRRC on June 9, 2005.

Effective Date

   This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

Sunset Date

   The Department is not establishing a sunset date for these regulations, since the regulations are needed to administer provisions required by 75 Pa.C.S. (relating to Vehicle Code). The Department, however, will continue to closely monitor these regulations for their effectiveness.

Contact Person

   The contact person for this final-form rulemaking is Anne P. Titler, Acting Manager, Driver Safety Division, Bureau of Driver Licensing, 4th Floor, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104, (717) 783-4737.

Order

   The Department orders that:

   (a)  The regulations of the Department, 67 Pa. Code Chapter 86, are amended by deleting §§ 86.1--86.3 and by adding §§ 86.101--86.103 to read as set forth in Annex A.

   (b)  The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.

   (c)  The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

ALLEN D. BIEHLER, P. E.,   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 3632 (June 25, 2005).)

   Fiscal Note:  Fiscal Note 18-397 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 67.  TRANSPORTATION

PART I.  DEPARTMENT OF TRANSPORTATION

Subpart A.  VEHICLE CODE PROVISIONS

ARTICLE IV.  LICENSING

CHAPTER 86.  OCCUPATIONAL LIMITED LICENSE

§§ 86.1--86.3.  (Reserved).

§ 86.101.  Additional information.

   (a)  The Department may require the submission of additional information or evidence if it is determined that the information provided in a petition for an occupational limited license submitted under 75 Pa.C.S. § 1553(b) (relating to occupational limited license) is ambiguous, incomplete or of questionable veracity.

   (b)  Additional information or evidence required includes:

   (1)  Written statements from appropriate individuals verifying employment, study, or medical appointments or treatment.

   (2)  Proof of vehicle ownership.

   (3)  Proof of insurance

   (4)  A schedule of driving time anticipated under the occupational limited license.

   (5)  A description or radius of the territory anticipated to be driven under the occupational limited license.

§ 86.102.  Investigation.

   The Department may conduct its own investigation to verify the information contained in the petition for an occupational limited license or additional information or evidence submitted in accordance with this chapter. Investigation may include contacting employers, school administrators, medical providers or other appropriate individuals.

§ 86.103.  Occupational Limited License Affidavit.

   The Occupational Limited License Affidavit required under 75 Pa.C.S. § 1553(f)(5) (relating to occupational limited license) to be carried by a driver who has been issued an occupational limited license must include:

   (1)  The name, address, date of birth and driver license number of the petitioner.

   (2)  The year, make, model, license plate number and state of registration of every vehicle that will be driven by the petitioner.

   (3)  The insurance company name, policy number, effective date and expiration date of each insurance policy on every vehicle listed as being driven by the petitioner.

   (4)  The place of employment, study or medical treatment or appointment for which the occupational limited license is needed.

   (5)  The hours of operation necessary for travel to the employment, study or medical treatment or appointment.

   (6)  The name, signature and position of the employer, school administrator or medical provider attesting that the information provided on the form is true and correct.

[Pa.B. Doc. No. 06-391. Filed for public inspection March 10, 2006, 9:00 a.m.]


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