Subchapter A. GENERAL PROVISIONS
Sec.
75.1. Purpose of chapter.
75.2. Definitions.
75.2a. [Reserved].
75.2b. Application of subchapter; general provisions.
75.3. Vision examination.
75.4. Road sign examination.
75.5. General knowledge examination.
75.6. Physical examination.
75.7. Qualification.
Cross References This subchapter cited in 67 Pa. Code § 75.12 (relating to general); and 67 Pa. Code § 75.22 (relating to general).
§ 75.1. Purpose of chapter.
This chapter defines more fully the requirements of 75 Pa.C.S. § § 1504(c), 1508, 1514(b) and 1607 by listing the specific requirements with regard to each step in the examination process. When applicable, this chapter also applies to reexamination of licensed drivers ordered by the Department under the authority of 75 Pa.C.S. § 1519 (relating to determination of incompetency) to determine competency to operate a motor vehicle.
Authority The provisions of this § 75.1 amended under the Vehicle Code, 75 Pa.C.S. § § 1504, 1508, 1514, 1607 and 6103.
Source The provisions of this § 75.1 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1472; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial pages (147507) to (147508).
§ 75.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the contest clearly indicates otherwise:
Applicant—A person who has never been licensed in this Commonwealth to operate any type of motor vehicle; or a person seeking to qualify to operate a vehicle of different classification or to add an endorsement, or to remove a restriction from that driver’s license; or a person who is a nonresident of this Commonwealth seeking to be licensed to operate any type of motor vehicle.
Basic control skills test—A test that evaluates an applicant’s ability to operate and control the test vehicle and judge the position of the test vehicle in relationship to objects on a course marked by permanent or temporary boundaries.
CRNP—Certified registered nurse practitioner—A registered nurse licensed in this Commonwealth who is certified, by both the State Board of Nursing and the State Board of Medicine, in a particular clinical specialty area and who, while functioning in the expanded role as a professional nurse, performs acts of medical diagnosis or prescription of medical therapeutic or corrective measures in collaboration with and under the direction of a physician licensed to practice medicine in this Commonwealth.
Chiropractor—A practitioner of chiropractic as defined in 75 Pa.C.S. § 1508.1(b) (relating to physical examinations).
Class A driver’s license—A license issued to a person 18 years of age or older who has demonstrated the qualifications to operate any combination of vehicles with a GVWR of 26,001 pounds or more, if the GVWR of the vehicle being towed is in excess of 10,000 pounds.
Class B driver’s license—A license issued to a person 18 years of age or older who has demonstrated the qualifications to operate any single vehicle with a GVWR of 26,001 pounds or more, or any vehicle towing another vehicle with a GVWR of not more than 10,000 pounds.
Class C driver’s license—A license issued to a person 18 years of age or older, except as provided in 75 Pa.C.S. § 1503 (relating to persons ineligible for licensing), who has demonstrated the qualifications to operate any single vehicle, except those vehicles requiring a Class M qualification, with a GVWR of not more than 26,000 pounds or any combination of vehicles, except combination vehicles involving motorcycles, that does not meet the definition of either Class A or Class B.
Class M driver’s license—A license issued to a person who has demonstrated the qualifications to operate a motorcycle. A Class M license accompanied by an endorsement shall be issued to a person who has demonstrated the qualifications to operate a motor-driven cycle. If a person is qualified to operate only a motorcycle or motor-driven cycle, that person shall be issued only a Class M license or a Class M license with an endorsement, as applicable.
Commercial driver’s license—The term as defined in 75 Pa.C.S. § 1603 (relating to definitions).
Commercial driver’s license endorsement—An alphabet code added to the commercial driver’s license upon successful completion of a specialized knowledge test or a specialized knowledge and skill examination identifying the licensee as qualified to operate certain specialized commercial motor vehicles.
Commercial driver’s license restriction—An alphabet code added to the commercial driver’s license that prohibits the licensee from operating certain types of commercial motor vehicles as a result of either examination failure or examination in a test vehicle lacking certain equipment integral to the safe operation of that vehicle.
Commercial motor vehicle—The term as defined in 75 Pa.C.S. § 1603.
GVWR—Gross vehicle weight rating—The value specified on the Federal weight certification label by the manufacturer as the loaded weight of a single vehicle.
Noncommercial driver’s license—A license issued to an individual qualified to drive a class of motor vehicle other than a commercial motor vehicle. Noncommercial Class A or Class B motor vehicles include motor homes or recreational trailers operated solely for personal use, and motorized construction equipment, including motorscrapers, backhoes, motorgraders, compactors, excavators, tractors, trenchers and bulldozers.
Physician assistant—A person certified by the State Board of Medicine to assist a physician or group of physicians in the provision of medical care and services and under the supervision and direction of the physician or group of physicians.
Pretrip circle check—A walk around a single or combination vehicle visually inspecting various equipment items listed on a checklist, in which the driver looks for broken wires, loose bolts, cracks in metal, lights that do not work, flat tires or other damage which could affect the safe operation of the single or combination vehicle.
Specialized knowledge examination—An examination to determine the ability of the applicant to operate certain specialized commercial motor vehicles, including vehicles transporting hazardous materials in placardable amounts, tank vehicles, double and triple trailers, passenger carrying vehicles, school buses or vehicles equipped with air brakes, to add an endorsement or to remove a commercial driver’s license restriction from the commercial driver’s license.
Authority The provisions of this § 75.2 amended under the Vehicle Code, 75 Pa.C.S. § § 1504, 1508, 1508.1, 1509, 1514, 1607 and 6103.
Source The provisions of this § 75.2 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 26, 1978, effective May 27, 1978, 8 Pa.B. 1472; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended April 6, 2007, effective April 7, 2007, 37 Pa.B. 1487. Immediately preceding text appears at serial pages (240830) to (240832).
§ 75.2a. [Reserved].
Source The provisions of this § 75.2a adopted November 12, 1983, effective November 13, 1983, 13 Pa.B. 3539; reserved May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769. Immediately preceding text appears at serial page (129328).
§ 75.2b. Application of subchapter; general provisions.
This subchapter provides general rules that relate to the licensing of drivers.
Authority The provisions of this § 75.2b issued under the Vehicle Code, 75 Pa.C.S. § § 1504, 1508, 1514, 1607 and 6103.
Source The provisions of this § 75.2b adopted September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854.
§ 75.3. Vision examination.
An applicant for a driver’s license, a person seeking to qualify to operate a vehicle of a different classification, add an endorsement or remove a restriction from a driver’s license, and every driver whose vision the Department has reason to believe does not meet the visual standards in Chapter 83 (relating to physical and mental criteria, including vision standards relating to the licensing of drivers) shall submit to a vision screening examination. Cheating, failure to follow the instructions of the examiner, offering bribes or gratuities to the examiner, fraud or misrepresentation constitutes an automatic failure of the vision examination.
Authority The provisions of this § 75.3 amended under the Vehicle Code, 75 Pa.C.S. § § 1504, 1508, 1514, 1607 and 6103.
Source The provisions of this § 75.3 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial pages (147509) to (147510).
§ 75.4. Road sign examination.
An applicant for a driver’s license and every driver the Department has reason to believe does not have the ability to read and understand official traffic control devices shall submit to a road sign examination. The examination shall include identification of all standard road signs. An applicant who identifies two or more signs incorrectly fails the examination. Cheating, failure to follow the instructions of the examiner, offering bribes or gratuities to the examiner, fraud or misrepresentation constitutes an automatic failure of the road sign examination. This test may be waived for drivers with a valid driver’s license from this or another state.
Authority The provisions of this § 75.4 amended under the Vehicle Code, 75 Pa.C.S. § § 1504, 1508, 1514, 1607 and 6103.
Source The provisions of this § 75.4 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial page (147510).
Cross References This section cited in 67 Pa. Code § 71.4 (relating to driver’s examination).
§ 75.5. General knowledge examination.
An applicant for a driver’s license and every driver the Department has reason to believe does not have reasonable and proper understanding of safe driving practices and of the traffic laws governing the use and operation of motor vehicles on Pennsylvania highways shall submit to a general knowledge examination. In the case of an applicant for a driver’s license, the questions will relate as nearly as practicable to the class of vehicles for which the applicant desires to be licensed. Questions will be taken from the most recent edition of the Pennsylvania Driver’s Manual or related publications for specific classes of vehicles, or both. An applicant who correctly answers 80% or more of the questions shall pass the examination. Cheating, failure to follow the instructions of the examiner, offering bribes or gratuities to the examiner, fraud or misrepresentation constitutes an automatic failure of the general knowledge examination. This test may be waived for drivers with a valid driver’s license from this or another state.
Authority The provisions of this § 75.5 amended under the Vehicle Code, 75 Pa.C.S. § § 1504, 1508, 1514, 1607 and 6103.
Source The provisions of this § 75.5 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 16, 1980, effective May 17, 1980, 10 Pa.B. 1976; amended September 10, 1982, effective September 11, 1982, 12 Pa.B. 3096; amended May 25, 1990, effective May 26, 1990, 20 Pa.B. 2769; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854. Immediately preceding text appears at serial page (147510).
Cross References This section cited in 67 Pa. Code § 71.4 (relating to driver’s examination).
§ 75.6. Physical examination.
An applicant for a driver’s license, who has never been issued a driver’s license in this Commonwealth or another state, shall submit to a physical examination performed by a licensed physician, a CRNP, a physician assistant or a chiropractor. The licensed physician, CRNP, physician assistant or chiropractor performing the examination shall report the findings of the physical examination to the Department on a physical examination certificate or form provided by the Department. The Department may request that the report be submitted on a special certificate relating to the alleged mental or physical disability of the applicant or licensee.
Authority The provisions of this § 75.6 amended under the Vehicle Code, 75 Pa.C.S. § § 1504, 1508, 1508.1, 1509, 1514, 1607 and 6103.
Source The provisions of this § 75.6 adopted November 4, 1977, effective November 5, 1977, 7 Pa.B. 3273; amended May 16, 1980, effective May 17, 1980, 10 Pa.B. 1976; amended September 10, 1982, effective September 11, 1982, 12 Pa.B. 3422; amended November 12, 1983, effective November 13, 1983, 13 Pa.B. 3539; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854; amended January 23, 1998, effective January 24, 1998, 28 Pa.B. 364; amended April 6, 2007, effective April 7, 2007, 37 Pa.B. 1487. Immediately preceding text appears at serial page (240834).
Cross References This section cited in 67 Pa. Code § 71.4 (relating to driver’s examination).
§ 75.7. Qualification.
As a requirement to take the on-road driving examination, the applicant shall appear at the examination site with a vehicle representative of the type of motor vehicle that the applicant desires to operate. The vehicle shall be properly registered and shall display a current certificate of inspection. The applicant shall also present proof of insurance for the vehicle in which the examination is to be conducted. Examinees with an initial junior learner’s permit may not be tested until 1 month after the date of issuance of the junior learner’s permit. An examinee with a junior learner’s permit who fails the driving examination may not be re-examined until at least 1 week has passed. Other examinees who fail the driving examination may be reexamined on the following day.
Authority The provisions of this § 75.7 issued under the Vehicle Code, 75 Pa.C.S. § § 1504, 1508, 1514, 1607 and 6103.
Source The provisions of this § 75.7 adopted September 15, 1995, effective September 16, 1995, 25 Pa.B. 3854.
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