2023-2024 Regular Session SB 1200 PN 1719 Bill Text (HTM)

PRIOR PRINTER'S NO. 1629

PRINTER'S NO. 1719

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1200

Session of

2024

INTRODUCED BY DiSANTO, BOSCOLA, ROTHMAN, VOGEL AND BAKER,

MAY 17, 2024

SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, JUNE 11, 2024

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in licensing of drivers, providing for private

driver education and training schools; imposing a penalty;

and making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 75 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 1508.2. Private driver education and training schools.

(a) General rule.--The department shall establish:

(1) A program to license or permit private driver

education schools and driver education instructors.

(2) The minimum standards for a driver education

curriculum.

(b) Applicability.--Unless a person has been licensed or

permitted by the department in accordance with subsection (a),

the person may not operate as a:

(1) Private driver education school.

(2) Driver education instructor.

shall develop the driver education curriculum and standards for

testing of driver education instructors, which may include

provision for the following:

(1) An abbreviated license process for applicants who

previously have been licensed under the act of January 18,

1952 (1951 P.L.2128, No.605), referred to as the Private

Driver Education or Training School Act.

(2) An abbreviated license process for licensure as a

private driver education school or as a driver education

instructor for applicants that have been authorized to

administer third-party drivers' licensing exams, as permitted

by section 1508 (relating to examination of applicant for

driver's license).

(3) Multiple driver education instructor testing

locations that strategically include all regions of this

Commonwealth. At no point shall there be only one driver

education instructor testing location within this

Commonwealth.

(4) The development of an electronic version of the

examination required for licensure as a driver education

instructor.

(5) Prohibiting a driver education instructor from

administering a third-party drivers' licensing exam, as

permitted by section 1508, and the driver education

curriculum to the same prospective licensed driver.

(6) Requiring an applicant for licensure as a driver

education instructor to complete a private driver education

school's training program before obtaining a department-

issued license.

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(7) Requiring a driver education instructor to pass a

physical driving examination to obtain a department-issued

license when the individual has an excess number of points

under section 1535 (relating to schedule of convictions and

points).

(d) Penalty.--Any person violating subsection (b) commits a

summary offense and shall, upon conviction, be sentenced to pay

a fine of $500.

(e) Applicability.--This section shall not apply to:

(1) colleges or universities;

(2) schools maintained or classes conducted by employers

for their own employees where no fee or tuition is charged;

(3) schools or classes owned and operated by or under

the authority of bona fide religious institutions or by the

Commonwealth or a political subdivision of the Commonwealth;

(4) schools accredited by accrediting associations

approved by the Department of Education; or

(5) schools licensed by the State Board of Private

Academic Schools.

(F) TEMPORARY REGULATIONS.--

(1) IN ORDER TO FACILITATE THE PROMPT IMPLEMENTATION OF

THIS SECTION, THE DEPARTMENT MAY PROMULGATE TEMPORARY

REGULATIONS. THE DEPARTMENT SHALL TRANSMIT NOTICE OF THE

TEMPORARY REGULATIONS TO THE LEGISLATIVE REFERENCE BUREAU FOR

PUBLICATION IN THE NEXT AVAILABLE ISSUE OF THE PENNSYLVANIA

BULLETIN. THE TEMPORARY REGULATIONS SHALL EXPIRE NO LATER

THAN TWO YEARS FOLLOWING PUBLICATION IN THE PENNSYLVANIA

BULLETIN. THE DEPARTMENT MAY PROMULGATE TEMPORARY REGULATIONS

NOT SUBJECT TO:

(I) SECTION 612 OF THE ACT OF APRIL 9, 1929

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(P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF

1929.

(II) SECTIONS 201, 202, 203, 204 AND 205 OF THE ACT

OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE

COMMONWEALTH DOCUMENTS LAW.

(III) SECTIONS 204(B) AND 301(10) OF THE ACT OF

OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE

COMMONWEALTH ATTORNEYS ACT.

(IV) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),

KNOWN AS THE REGULATORY REVIEW ACT.

(2) THE DEPARTMENT'S AUTHORITY TO ADOPT TEMPORARY

REGULATIONS UNDER PARAGRAPH (1) SHALL EXPIRE SIX MONTHS AFTER

THE EFFECTIVE DATE OF THIS PARAGRAPH. REGULATIONS ADOPTED

AFTER THIS PERIOD SHALL BE PROMULGATED AS PROVIDED BY LAW.

(3) THE TEMPORARY REGULATIONS PROMULGATED UNDER THIS

SUBSECTION SHALL MEET ALL THE FOLLOWING CRITERIA:

(I) BE BASED ON CONSIDERATION OF FORMAL AND INFORMAL

INPUT FROM ALL STAKEHOLDERS.

(II) ESTABLISH REQUIREMENTS FOR DRIVER EDUCATION

INSTRUCTOR APPLICANTS THAT INCLUDE PASSAGE OF A MAXIMUM

50 MULTIPLE CHOICE QUESTION EXAMINATION, EMBRACING

SUBJECT MATTER PERTINENT ONLY TO THE PENNSYLVANIA

DRIVER'S MANUAL PUBLISHED BY THE DEPARTMENT AND PROVIDE

APPLICANTS THREE OPPORTUNITIES TO PASS THE EXAMINATION

WITH A SCORE OF 70% WITHOUT NEEDING TO SUBMIT A NEW

APPLICATION.

(f) (G) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Department-issued license." A verifiable document issued to

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a private driver education school or driver education instructor

stating the department has certified the eligibility of the

private driver education school or driver education instructor

to administer the driver education curriculum to a prospective

licensed driver.

"Driver education curriculum." A practical or theoretical

experience needed to teach the knowledge of how to operate a

motor vehicle on a roadway requiring the motorist to navigate

through traffic or a trafficway.

"Driver education instructor." A person employed by or

volunteering for a private driver education school and is tasked

with teaching a prospective licensed driver how to lawfully,

safely and properly operate a motor vehicle.

"Private driver education school." A person that administers

schooling or training on how to operate a motor vehicle to a

prospective licensed driver by the Commonwealth for profit.

"Prospective licensed driver." An individual who employs the

services of a private driver education school for the purposes

of learning to operate a motor vehicle.

Section 2. Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the addition of 75

Pa.C.S. § 1508.2.

(2) The act of January 18, 1952 (1951 P.L.2128, No.605),

referred to as the Private Driver Education or Training

School Act, is repealed.

Section 3. This act shall take effect in 180 days.

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