CHAPTER 81. REPORTS TO BUREAU OF DRIVER LICENSING

Sec.


81.1.    Purpose.
81.2.    Accelerated rehabilitative disposition.
81.3.    Unsatisfied judgments.
81.4.    Vehicle Code or motor vehicle felony convictions.

Authority

   The provisions of this Chapter 81 issued under the Vehicle Code, 75 Pa.C.S. §  6103, unless otherwise noted.

Source

   The provisions of this Chapter 81 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288, unless otherwise noted.

§ 81.1. Purpose.

 This chapter defines more fully the requirements of 75 Pa.C.S. § §  1534, 1771, 6104(a) and 6323 (relating to notice of acceptance of Accelerative Rehabilitative Disposition; court reports on nonpayment of judgments; administrative duties of department; and reports by courts of record) by specifying the information which shall be indicated in a certified copy of a judgment arising from a motor vehicle accident, or in a report by a court of record in order to facilitate the obligation of the Department to implement 75 Pa.C.S. (relating to Vehicle Code) and other statutes administered by the Department.

Source

   The provisions of this §  81.1 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288; amended June 7, 1985, effective June 8, 1985, 15 Pa.B. 2103; readopted July 6, 1990, effective immediately and apply retroactively to June 8, 1990, 20 Pa.B. 3690. Immediately preceding text appears at serial page (127635).

Notes of Decisions

   This section, which deals with reports from courts, does not require that a police notice of refusal to comply with a request to submit to a chemical test must be notarized. Shelton v. Department of Transportation, 533 A.2d 842, 843 (Pa. Commw. 1987).

§ 81.2. Accelerated rehabilitative disposition.

 (a)  General rule. If a person is offered and accepts accelerated rehabilitative disposition under the Pennsylvania Rules of Criminal Procedure for any offense enumerated in 75 Pa.C.S. §  1532 (relating to revocation or suspension of operating privilege), or for an offense enumerated in any other act in the commission of which a motor vehicle was used, the court shall promptly notify the Department on Form DL-21A, under 75 Pa.C.S. §  1534 (relating to notice of acceptance of Accelerative Rehabilitative Disposition).

 (b)  Content of the report. The report of the clerk of court, Form DL-21A, shall indicate:

   (1)  Name and current address of individual placed on accelerated rehabilitative disposition.

   (2)  Operator’s number or date of birth, or both, of individual placed on accelerated rehabilitative disposition.

   (3)  Date of violation.

   (4)  Date individual was placed on accelerated rehabilitative disposition.

   (5)  Description of charge.

   (6)  Section, subsection and name of the act violated.

   (7)  Terms and conditions of accelerated rehabilitative disposition.

   (8)  Court, term and number.

   (9)  Seal.

 (c)  Incomplete report. The Department will not process the report of the clerk of court showing accelerated rehabilitative disposition unless all the required information indicated in subsection (b) is provided to the Department. An incomplete Form DL-21A will be returned to the clerk of court for completion.

Source

   The provisions of this §  81.2 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288; readopted July 6, 1990, effective immediately and apply retroactively to June 8, 1990, 20 Pa.B. 3690. Immediately preceding text appears at serial pages (127635) to (127636).

§ 81.3. Unsatisfied judgments.

 (a)  General rule. Whenever a person fails within 60 days to satisfy a judgment arising from a motor vehicle accident, the judgment creditor may forward to the Department a certified copy of the judgment, under 75 Pa.C.S. §  1771 (relating to court reports on nonpayment of judgements).

 (b)  Certification form. The certified copy of the judgment shall be on the Department’s Form DL-201, Certification of Motor Vehicle Judgment.

 (c)  Content of report. The Certification of Motor Vehicle Judgment, Form DL-201, shall indicate:

   (1)  Name and current address of judgment debtor.

   (2)  Operator’s number or date of birth of judgment debtor, or both.

   (3)  Name and address of judgment creditor. If the judgment creditor is an insurer, the name, address, and policy number or claim number of the subrogor shall also be provided.

   (4)  Phone number of judgment creditor.

   (5)  Name and address of attorney of judgment creditor, if applicable.

   (6)  Phone number of attorney of judgment creditor.

   (7)  Date of accident.

   (8)  Court term and number.

   (9)  Seal.

 (d)  Incomplete report. The Department will not process the Certification of Motor Vehicle Judgment unless the required information indicated in subsection (c) is provided to the Department. An incomplete Form DL-201 will be returned to the judgment creditor or his attorney, if applicable, for completion.

Authority

   The provisions of this §  81.3 issued under the Vehicle Code, 75 Pa.C.S. § §  1741, 1742 and 1743.

Source

   The provisions of this §  81.3 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288; amended October 10, 1980, effective October 11, 1980, 10 Pa.B. 4038; amended June 7, 1985, effective June 8, 1985, 15 Pa.B. 2103; readopted July 6, 1990, effective immediately and apply retroactively to June 8, 1990, 20 Pa.B. 3690. Immediately preceding text appears at serial page (127637).

§ 81.4. Vehicle Code or motor vehicle felony convictions.

 (a)  General rule. The clerk of a court of record of this Commonwealth, within 10 days after final judgment of conviction or acquittal or other disposition of charges under 75 Pa.C.S. (relating to vehicle code), shall send to the Department a record of the judgment of conviction, acquittal or other disposition on Form DL-21. A record of the judgment shall also be forwarded to the Department, on Form DL-21, upon conviction or acquittal of a person of a felony in the commission of which the judge determines that a motor vehicle was essentially involved, under 75 Pa.C.S. §  6323 (relating to reports by court of record).

 (b)  Content of report. The report of the clerk of court showing the conviction or acquittal of any violation of 75 Pa.C.S. or of another act in the commission of the crime in which a motor vehicle was used, Form DL-21, shall indicate:

   (1)  Name and current address of individual convicted or acquitted.

   (2)  Operator’s number or date of birth, or both, of individual convicted or acquitted.

   (3)  Date of violation.

   (4)  Date of conviction or acquittal.

   (5)  Description of charge.

   (6)  Section, subsection and name of the act violated.

   (7)  Sentence.

   (8)  Court, term and number.

   (9)  Indicate whether summary offense, manslaughter, other misdemeanor, or felony.

   (10)  Seal.

 (c)  Incomplete report. The Department will not process the report of the clerk of court showing conviction or acquittal unless all the required information indicated in subsection (b) is provided to the Department. An incomplete Form DL-21 will be returned to the clerk of court for completion.

Source

   The provisions of this §  81.4 adopted May 5, 1978, effective May 6, 1978, 8 Pa.B. 1288; readopted July 6, 1990, effective immediately and apply retroactively to June 8, 1990, 20 Pa.B. 3690. Immediately preceding text appears at serial page (127637).



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