§ 1540. Surrender of license.

398 words·~2 min read·/pa/title-75/chapter-15/1540

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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Any police officer or designated employee of the Commonwealth shall be authorized to confiscate any license that has been revoked, suspended, canceled or disqualified.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).

(2)(Deleted by amendment).

75c1540v

(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).

75c1541s