Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1612 - Commercial and school vehicle drivers prohibited from operating with any alcohol in system(a) Offense defined.--Notwithstanding any other provision of this title, a person shall not drive, operate or be in physical control of a school vehicle or a commercial motor vehicle while having any alcohol in his system.(b) Penalty.--(1) A person who violates subsection (a) while driving, operating or in physical control of a commercial motor vehicle commits a summary offense and shall, upon conviction, be sentenced to pay a fine of $100. A person who drives, operates or is in physical control of a commercial motor vehicle while having alcohol in his system or who refuses to take a test to determine his alcohol content as provided by section 1613 ( relating to implied consent requirements for commercial motor vehicle drivers) shall be placed out of service for 24 hours.(2) A person who violates subsection (a) while driving, operating or in physical control of a school bus or a school vehicle commits a summary offense and shall, upon conviction, be sentenced to pay a minimum fine of $ 250, and for a person convicted of a second or subsequent offense the sentencing court shall order the person to pay a fine of $500. A person who drives, operates or is in physical control of a school bus or a school vehicle while having alcohol in his system or who refuses to take a test to determine his alcohol content as provided by section 1613 shall be placed out of service by his employer for 30 days.1990, May 30, P.L. 173, No. 42, § 8, effective 4/1/1992. Amended 2002, Oct. 4, P.L. 845, No. 123, § 3, effective in 60 days; 2002, Dec. 9, P.L. 1278, No. 152, § 6.5, effective in 60 days.