(a) Issuance.--Unless otherwise prohibited under any other provision in this section, the department may issue a probationary license under this section to:
(1) a person who has been designated as a habitual offender under section 1542 (relating to revocation of habitual offender's license) and whose operating privilege has been revoked; or
(2) a person with an accumulation of suspensions or revocations wherein the cumulative term of suspension or revocation is five or more years.
The department may issue a probationary license for the operation of only a Class C noncommercial motor vehicle.
(b) Petition.--
(1) An applicant for a probationary license must file a petition with the department by certified mail setting forth in detail the need for operating a motor vehicle. The petition shall be on a form prescribed by the department and shall identify the specific motor vehicles the petitioner seeks permission to operate. The petition shall include the operator's name, address and operator number and proof of financial responsibility. The department may require additional information as well as verification of the information contained in the petition. All fines, costs and restoration fees must be paid at the time of the petition.
(2) Before being eligible to petition for a probationary license, a person must have served the following terms of suspension or revocation for offenses enumerated in sections 1532 (relating to revocation or suspension of operating privilege), 1539 (relating to suspension of operating privilege on accumulation of points) and 1543 (relating to driving while operating privilege is suspended or revoked):
(i) A person with one to seven offenses must have served at least a three-year term of suspension or revocation.
(ii) A person with 8 to 14 offenses must have served at least a four-year term of suspension or revocation.
(iii) A person with 15 to 21 offenses must have served at least a five-year term of suspension or revocation.
(iv) A person with 22 or more offenses must have served at least a six-year term of suspension or revocation.
(3) The applicant must prove to the satisfaction of the department that the applicant has not driven a motor vehicle during the minimum period of suspension or revocation.
(c) Fee.--The fee for applying for a probationary license shall be $35. The fee shall be nonrefundable. The annual fee for issuance of a probationary license shall be $75, plus the cost of the photograph required in section 1510(a) (relating to issuance and content of driver's license), which shall be in addition to all other licensing fees.
(d) Initial issuance.--
(1) Prior to issuance of a probationary license, the petitioner must be interviewed at a departmental review session.
(2) The department may require the petitioner to satisfactorily complete one or more of the following:
(i) A driver improvement program, the cost of the program to be borne by the petitioner.
(ii) Any examination as provided for in section 1508 (relating to examination of applicant for driver's license).
(iii) A special examination that addresses knowledge of safe driving practices, departmental sanctions and related safety issues.
(3) The probationary license shall be issued only upon recommendation of the department.
(4) If the applicant recommended for a probationary license is not licensed to drive in this or any other state, the licensee shall not immediately be issued a probationary license. The applicant shall be permitted to apply for a Class C learner's permit under the provisions of section 1505(a) (relating to learners' permits). Thirty days after the issuance of the learner's permit, the applicant shall be eligible to test for a driver's license under the provisions of section 1508(a). If the applicant successfully passes all the required examinations, the department then may issue a probationary license to the applicant.
(e) Renewal.--The department may require a probationary license holder to attend a departmental review session and to satisfactorily complete a driver improvement program or special examination preceding renewal of the probationary license.
(f) Unauthorized issuance.--The department shall not issue a probationary license to:
(1) A person who has not fully served a minimum term of suspension or revocation under the provisions of subsection (b)(2).
(2) Except as provided in subsection (d)(4), a person who is not licensed to drive by this or any other state.
(3) A person whose operating privilege is currently suspended under section 1533 (relating to suspension of operating privilege for failure to respond to citation) or 6146 (relating to enforcement agreements).
(4) A person who has not satisfactorily completed a driver improvement course or special examination or who has not attended a hearing required under section 1538 (relating to school, examination or hearing on accumulation of points or excessive speeding).
(5) A person against whom there is an unsatisfied judgment resulting from the operation of a motor vehicle, until the judgment has been satisfied under the provisions of section 1774 (relating to payments sufficient to satisfy judgments) or an installment agreement has been entered into to satisfy the judgment as permitted under section 1772(b) (relating to suspension for nonpayment of judgments) or 1775 (relating to installment payment of judgments) and the financial responsibility of the person has been established.
(6) (Deleted by amendment).
(7) A person who has previously been issued a probationary license.
(8) A person who has been convicted of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) or former section 3731, within the preceding seven years.
(9) A person who has been suspended for refusal to submit to chemical testing to determine the amount of alcohol or controlled substance within the preceding seven years.
(10) A person who has been granted Accelerated Rehabilitative Disposition for the offense of driving under the influence of alcohol or a controlled substance within the preceding seven years.
(11) A person who has ever been convicted of a violation of section 3732 (relating to homicide by vehicle) or 3735 (relating to homicide by vehicle while driving under influence).
(12) A person convicted of a violation of section 1543(b) within the preceding seven years.
(13) A person who has been convicted of a violation of section 3742.1 (relating to accidents involving death or personal injury while not properly licensed) within the preceding seven years.
(14) A person who has been convicted of a violation of section 3735.1 (relating to aggravated assault by vehicle while driving under the influence) within the preceding seven years.
(g) Offenses or violations committed during a period for which a probationary license has been issued.--
(1) If a person who has been issued a probationary license is convicted of any of the offenses enumerated in section 1535 (relating to schedule of convictions and points), the probationary license shall be recalled for 30 days for each point accumulated, and the person shall surrender the probationary license to the department or its agents designated under the authority of section 1540 (relating to surrender of license).
(2) If a person who has been issued a probationary license is convicted, adjudicated delinquent or admitted to any preadjudication program for an offense for which the penalty is suspension, cancellation, disqualification or revocation of the operating privilege or if the department receives a report that the person has refused to submit to chemical testing as required by section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) or a report that the driver has been granted a consent decree or Accelerated Rehabilitative Disposition, the probationary license shall be canceled, and the person shall surrender the probationary license to the department or its agents designated under the authority of section 1540.
(h) Restrictions on use of probationary license.--
(1) For the first three years after initial issuance of a probationary license, the person who has been issued the probationary license shall operate only the specific motor vehicles identified in the petition filed with the department and only between the hours of 6 a.m. and 7 p.m. or such later hour as may be agreed to by the department.
(2) Any person who violates the conditions of issuance or restrictions of a probationary license commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $500, and the department shall recall the probationary license for a period of one year.
(i) Term of license.--A probationary license shall be valid for a period of one year from the date of issuance. If the driver has complied with the provisions of this section, the license may be renewed on an annual basis.
(j) Appeal from cancellation, denial or recall of probationary license.--
(1) A person who is denied a probationary license or whose probationary license is canceled or recalled may file with the department a petition for a hearing.
(2) The hearing shall be conducted in accordance with 2 Pa.C.S. (relating to administrative law and procedure).
(3) The department may charge a reasonable fee based on the cost to the department for the hearing.
(4) The appeal shall not operate as an automatic supersedeas. If the administrative hearing officer orders a supersedeas, the petitioner shall earn no credit towards serving the suspension for which the petitioner was granted a probationary license.
(5) An appeal from a decision of an administrative hearing officer may be taken in the manner provided in 42 Pa.C.S. § 763(a) (relating to direct appeals from government agencies). Such appeals are exempt from the provisions of section 1550(b) (relating to judicial review) and from the provisions of 42 Pa.C.S. § 933 (relating to appeals from government agencies).
(k) Limitation.--A person to whom a probationary license is issued for six consecutive years shall be eligible to apply for a regular driver's license at the fee prescribed by section 1951(a) (relating to driver's license and learner's permit) upon satisfactory completion of the sixth year of the probationary license.