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Newsletter
 

Newsletter

Edwad A Fox, Esq.

Volume 1, Number 1

 
POINTERS ON POINTS
 
The Pennsylvania Department of Transportation has the power to assign "points" to Pennsylvania drivers who are found guilty of certain driving offenses.  Drivers who accumulate 6 points are sanctioned.

On a driver's first accumulation of 6 points or more, he or she must take a written examination. The examination tests the driver's (1) knowledge of safe driving practices, (2) understanding of the Motor Vehicle Code, and (3) general awareness of safety issues. If the driver does not pass the examination within 30 days of receiving notice to take the examination, his or her license is suspended until the examination is passed.

On a driver's second accumulation of 6 points or more, the driver must go before a hearing examiner employed by the Department of Transportation. The examiner reviews the driver's record and may (1) impose a 15-day license suspension, (2) order the driver to take a special on-road driving test, or (3) choose to take no action.

On a driver's third accumulation of 6 points or more, the driver must go to a hearing and can lose his or her license for 30 days.

A driver who accumulates 11 points or more automatically loses his or her license. The length of the suspension is determined by the number of points and by the driver's prior history. For example, if a driver has never had his or her license suspended and has 11 points, the suspension will be 5 days per point, or 55 days. If the driver has suffered 2 prior suspensions and has 11 points, the suspension will be 15 days per point, or 165 days.

Drivers can earn the right to have points removed from their records. Three points are removed for every 12 consecutive months the driver goes without a conviction for a moving violation that carries points. Once a driver's record of points is reduced to zero and remains at zero for at least one year, any further accumulation of points is treated as a first accumulation.

Many motor vehicle violations result in the assignment of points. Most moving violations carry an assignment of points, from a modest 2 points for failure to wear required glasses to a whopping 5 points for failure to stop for a school bus with flashing red lights. Drivers who are convicted of exceeding the posted speed limit by 31 mph or more (for example, driving 66 mph in a 35 mph zone) are assigned 5 points; exceeding the speed limit by only 6 miles carries 2 points.

Penalties for drivers who are under 18 years of age are more strict. Such drivers suffer license suspensions for speeding offenses and for accumulation of points that would only trigger examinations or hearings for adult drivers. The suspensions imposed on these young drivers are generally lengthier.

Be sure to notify the Department of Transportation if you move or change your mailing address [[ CLICK HERE TO DOWNLOAD FORM FROM PENNDOT ]]. The department satisfies all of its legal obligations to notify you of points, of the scheduling of a test or hearing, or of the suspension of your license by mailing any required notices to you at your address of record with the department. Unless you keep an accurate address on record, you could lose rights without knowing it.

See  Sections 1535 through 1539 of Pennsylvania's Motor Vehicle Code, 75 Pa.C.S. Sections 1535-1539.

 
 

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