Old drug conviction still suspending your PA license?

What Act 107 of 2022 did

According to the statutory amendment note, Act 107 of 2022 added subsection (b)(6) and deleted subsection (d). The act's Section 1 reads "Section 1532(d) of Title 75 is amended and subsection (b) is amended by adding a paragraph to read:" — the deletion is accomplished by bracketing in the enrolled bill.[3] The act was approved November 3, 2022 and states "This act shall take effect in 60 days."

Section 1532(b)(6) opens: "Beginning as soon as practicable, but no later than 10 months after the effective date of this paragraph, the department shall update driver records as follows:"[1] So the deadline for the cleanup has long passed.

What PennDOT was told to change

• § 1532(b)(6)(i) — where a record showed an active departmental sanction for a conviction under Federal, State or other state's controlled substance laws, except for an offense under subsection (a), the record "will be changed to indicate the active departmental sanction has ended." Under (i)(A), if that makes the privilege eligible for restoration, no points are placed under § 1545 and no restoration fee is imposed under § 1960.
• § 1532(b)(6)(ii) — a pending sanction of the same kind "will not be imposed."

Section 1532(b)(6) also addresses suspensions imposed under former subsection (d). If your record showed an active suspension under former subsection (d) on the paragraph's effective date, the record is changed to indicate the suspension has ended, and if that makes your operating privilege eligible for restoration, no restoration fee is imposed under 75 Pa.C.S. § 1960. If the record showed a pending suspension under former subsection (d), the record is changed to indicate the suspension will not be imposed, and the effective dates of any later departmental sanctions are adjusted as if the pending suspension had been rescinded. Note that the former-(d) track waives only the restoration fee, while the controlled-substance track under § 1532(b)(6)(i)(A) waives both the points under § 1545 and the fee under § 1960.

The carve-out

None of this reaches an offense under § 1532(a) — which includes, under § 1532(a)(1), "Any felony in the commission of which a court determines that a vehicle was essentially involved."[2] That requires a court determination, so it is never automatic.

§ 1532(c) is not a drug suspension

Since Act 95 of 2018, § 1532(c) reaches a person 21 years of age or younger convicted or adjudicated delinquent under 18 Pa.C.S. § 2706 (terroristic threats) committed on or against school property, during a school-sponsored activity, or on a conveyance providing transportation to a school entity or school-sponsored activity. Section 1532(d) now reads "(Deleted by amendment)." Any page or advisor still equating § 1532(c) or (d) with a drug suspension is working from repealed law.

What to do if your record was not corrected

• · Get your PennDOT driver history and look for any sanction tied to a controlled-substance conviction.
• · Check whether the record shows it as ended, or still shows it as active or pending.
• · Check whether a restoration fee or points were applied to that sanction.

Section 1532(b)(6) places the obligation on PennDOT, not on you: "the department shall update driver records as follows," beginning as soon as practicable and no later than 10 months after the paragraph took effect. The statute does not set out any procedure for a driver to apply or petition for the update, and it does not require the department to notify you that your record has changed. If you believe your record still shows a controlled-substance suspension that should have ended under this provision, obtain a certified copy of your driving record and have it reviewed.

An attorney can help if the record was not corrected.