LegalFix

Section 1540 - Surrender of license

75 PA Cons Stat § 1540 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) Conviction of offense.--Upon a conviction by a court of competent jurisdiction for an offense which calls for mandatory suspension of an individual's operating privilege, the court or the district attorney shall inform the defendant that the suspension shall be effective within 60 days. This section shall create a rebuttable presumption of the defendant's knowledge of the suspension for the purposes of section 1543 (relating to driving while operating privilege is suspended or revoked).

(b) Suspension, revocation or disqualification of operating privilege.--

(1) Upon the suspension or revocation of the operating privilege or the disqualification of the commercial operating privilege of any person by the department, the department shall forthwith notify the person in writing at the address of record to surrender his driver's license to the department for the term of suspension, revocation or disqualification. Licenses that are surrendered to the department may be destroyed. Upon the restoration of the operating privilege, the licensee may apply for a replacement license.

(2) The department shall include with the written notice of suspension, revocation or disqualification a form for acknowledging the suspension, revocation or disqualification, which form shall be filed with the department if the person has no license to surrender.

(3) The suspension, revocation or disqualification shall be effective upon a date determined by the department.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(4) (Deleted by amendment).

(c) Seizure of revoked, suspended, canceled or disqualified licenses.--Any police officer or designated employee of the Commonwealth shall be authorized to confiscate any license that has been revoked, suspended, canceled or disqualified. The confiscated license shall be returned to the department unless it is necessary to keep the license as evidence of an offense.

(1) (Deleted by amendment).

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(ii) (Deleted by amendment).

(iv) (Deleted by amendment).

(v) (Deleted by amendment).

(2) (Deleted by amendment).

(June 19, 1985, P.L.49, No.20, eff. 60 days; Nov. 6, 1985, P.L.300, No.72, eff. 60 days; Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; Feb. 7, 1990, P.L.11, No.6, eff. 60 days; May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; July 6, 1995, P.L.246, No.30, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 9, 2009, P.L.494, No.49, eff. 60 days; July 20, 2017, P.L.333, No.30, eff. 15 months)

Cross References. Section 1540 is referred to in sections 1541, 1553, 1554, 1556, 1611, 3327 of this title; section 7165 of Title 44 (Law and Justice).

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 1540 - Surrender of license