1541 - Period of disqualification, revocation or suspension of operating privilege.

     § 1541.  Period of disqualification, revocation or suspension of                operating privilege.        (a)  Commencement of period.--The period of disqualification,     revocation or suspension of the operating privilege or the     disqualification of the commercial operating privilege shall     commence as provided for in section 1540 (relating to surrender     of license). No credit toward the revocation, suspension or     disqualification shall be earned until the driver's license is     surrendered to the department, a court or a district attorney,     as the case may be. A nonresident licensed driver or an     unlicensed individual, including a driver whose license has     expired, shall submit an acknowledgment of suspension or     revocation to the department in lieu of a driver's license,     except for the suspension of the operating privilege of an     unlicensed individual under 16 years of age, in which case the     suspension shall commence automatically upon the individual's     16th birthday for the specified period if an acknowledgment is     received any time prior to the individual's 16th birthday. If a     licensed driver is not in possession of his driver's license, no     credit toward the disqualification, revocation or suspension     shall be earned until a sworn affidavit or a form prescribed by     the department is surrendered to the department swearing that     the driver is not in possession of his driver's license. Such     credit shall be rescinded if it is later determined that the     driver was untruthful in the affidavit. Credit shall also be     revoked if a person surrenders a duplicate license and it is     later determined that the person was still in possession of an     earlier issued, unexpired license. The department may, upon     request of the person whose license is suspended or     disqualified, delay the commencement of the period of suspension     or disqualification for a period not exceeding six months     whenever the department determines that failure to grant the     extension will result in hardship to the person whose license     has been suspended or disqualified.        (a.1)  Credit toward serving period of suspension for certain     violations.--Credit toward serving the period of suspension or     revocation imposed for sections 1543(b)(1.1) (relating to     driving while operating privilege is suspended or revoked), 3732     (relating to homicide by vehicle), 3735 (relating to homicide by     vehicle while driving under influence), 3735.1 (relating to     aggravated assault by vehicle while driving under the     influence), 3742 (relating to accidents involving death or     personal injury), 3802 (relating to driving under influence of     alcohol or controlled substance) and 3808(a)(2) (relating to     illegally operating a motor vehicle not equipped with ignition     interlock) shall not commence until the date of the person's     release from prison.        (b)  Eligibility for restoration of operating privilege.--Any     person whose operating privilege has been revoked or suspended     shall not be eligible for the restoration of the operating     privilege until the expiration of the period of revocation or     suspension.        (c)  Restoration of revoked operating privilege.--Any person     whose operating privilege has been revoked pursuant to section     1542 (relating to revocation of habitual offender's license) or     1543 is not entitled to automatic restoration of the operating     privilege. Such person may apply for a learner's permit, if     permitted under the provisions of this chapter, upon expiration     of the revocation.        (d)  Continued suspension of operating privilege.--A     defendant ordered by the court under section 3816 (relating to     requirements for driving under influence offenders), as the     result of a conviction or Accelerated Rehabilitative Disposition     of a violation of section 3802 to attend a treatment program for     alcohol or drug addiction must successfully complete all     requirements of the treatment program ordered by the court     before the defendant's operating privilege may be restored.     Successful completion of a treatment program includes the     payment of all court-imposed fines and costs, as well as fees to     be paid to the treatment program by the defendant. For the     purposes of restoring a suspended license, being current on a     payment plan shall be considered as a part of a successfully     completed program. If a defendant fails to successfully complete     the requirements of a treatment program, the suspension shall     remain in effect until the defendant completes the program and     is otherwise eligible for restoration of his operating     privilege. The treatment agency shall immediately notify the     court of successful completion of the treatment program. The     final decision as to whether a defendant has successfully     completed the treatment program rests with the court.        (e)  Request for hearing.--A person whose operating privilege     has been suspended or revoked may request at any time during the     suspension or revocation, and the department shall provide, a     hearing if the person believes that credit toward the person's     suspension or revocation has not been given by the department     under section 1540. The department shall issue its final ruling     within 60 days following the hearing or the submission of any     posthearing filings.     (Dec. 11, 1986, P.L.1530, No.166, eff. 60 days; July 11, 1990,     P.L.513, No.122, eff. Dec. 1, 1990; Dec. 7, 1994, P.L.820,     No.115, eff. imd.; Dec. 12, 1994, P.L.1048, No.143, eff. 9     months; Dec. 21, 1998, P.L.1126, No.151, eff. 1 year; Oct. 4,     2002, P.L.845, No.123, eff. 60 days; Sept. 30, 2003, P.L.120,     No.24, eff. Feb. 1, 2004; May 11, 2006, P.L.159, No.37, eff. 60     days; May 11, 2006, P.L.164, No.40, eff. 60 days; Oct. 27, 2006,     P.L.1182, No.122, eff. 60 days)        2006 Amendments.  Act 37 amended subsec. (d), Act 40 amended     subsec. (a.1) and Act 122 added subsec. (e).        2003 Amendment.  Act 24 amended subsecs. (a.1), (c) and (d).        2002 Amendment.  Act 123 amended the section heading and     subsec. (a).        Cross References.  Section 1541 is referred to in section     3815 of this title.