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PA Bulletin, Doc. No. 04-1716


[67 PA. CODE CH. 86]

Occupational Limited License

[34 Pa.B. 5160]

   The Department of Transportation (Department), under 75 Pa.C.S. §§ 1553 and 6103 (relating to occupational limited license; and promulgation of rules and regulations by department), proposes to amend Chapter 86 (relating to occupational limited license--statement of policy) to read as set forth in Annex A.

Purpose of Chapter 86

   The purpose of Chapter 86 is to provide guidance regarding when the Department will require additional information or additional evidence to verify the information contained in a petition for an occupational limited license (OLL). Chapter 86 also provides that the Department may conduct an investigation to verify the information contained in the petition and itemizes the information that is required to be on the Occupational Limited License Affidavit.

Persons and Entities Affected

   This proposed rulemaking will affect drivers petitioning for the issuance of an OLL under 75 Pa.C.S. § 1553.

Fiscal Impact

   The proposed rulemaking will not require the expenditure of significant additional funds by the Commonwealth. Marginal cost to the Commonwealth would result if the Department conducts further investigation regarding the information on an applicant's petition under § 86.102 (relating to investigation). Marginal cost to members of the regulated community may result if the Department requires an applicant to submit additional information to support the petition for an OLL.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 8, 2004, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.

Sunset Date

   The Department is not establishing a sunset date for this proposed rulemaking because it is needed to administer provisions required by 75 Pa.C.S. (relating to the Vehicle Code). The Department, however, will continue to closely monitor this proposed rulemaking for effectiveness.

Public Comments

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Rebecca L. Bickley, Director, Bureau of Driver Licensing, 4th Floor, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.

Contact Person

   The contact person for this proposed rulemaking is Anne P. Titler, Acting Manager, Driver Safety Division, Bureau of Driver Licensing, 4th Floor, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104, (717) 783-4737.


   Fiscal Note: 18-397. No fiscal impact; (8) recommends adoption.

Annex A






   (Editor's Note: As part of this proposed rulemaking, the Department is proposing to delete the text of §§ 86.1--86.3 (relating to occupational limited license--statement of policy), which appears at 67 Pa. Code pages 86-1--86-2, serial pages (302675) to (302676).)

§§ 86.1--86.3. (Reserved).

§ 86.101 Additional information.

   (a)  The Department may require the submission of additional information or evidence if it is determined that the information provided in a petition for an occupational limited license submitted under 75 Pa.C.S. § 1553(b) (relating to occupational limited license) is ambiguous, incomplete or of questionable veracity.

   (b)  Additional information or evidence required may include:

   (1)  Written statements from appropriate individuals verifying employment, study or medical appointments or treatment.

   (2)  Proof of vehicle ownership.

   (3)  Proof of insurance.

   (4)  A schedule of driving time anticipated under the occupational limited license.

   (5)  A description or radius of the territory anticipated to be driven under the occupational limited license.

§ 86.102 Investigation.

   The Department may conduct its own investigation to verify the information contained in the petition for an occupational limited license or additional information or evidence submitted in accordance with this chapter. Investigation may include contacting employers, school administrators, medical providers or other appropriate individuals.

§ 86.103 Occupational Limited License Affidavit.

   The Occupational Limited License Affidavit required under 75 Pa.C.S. § 1553(f)(5) (relating to occupational limited license) to be to be carried by a driver who has been issued an occupational limited license shall include:

   (1)  The name, address, date of birth and driver license number of the petitioner.

   (2)  The year, make, model, license plate number and state of registration of every vehicle that will be driven by the petitioner.

   (3)  The insurance company name, policy number, effective date and expiration date of each insurance policy on every vehicle listed as being driven by the petitioner.

   (4)  The place of employment, study, or medical treatment or appointment for which the occupational limited licenses is needed.

   (5)  The hours of operation necessary for travel to the employment, study, or medical treatment or appointment.

   (6)  The name, signature and position of the employer, school administrator or medical provider attesting that the information provided on the form is true and correct.

[Pa.B. Doc. No. 04-1716. Filed for public inspection September 17, 2004, 9:00 a.m.]

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