Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1505 - [Effective 6/5/2025] Learners' permits(a) General rule.--A person who desires to obtain a driver's license or who desires to be licensed in a class for which the person is not already licensed shall apply to the department for the class or classes of license in which the person desires to be licensed. The department shall issue to each applicant a learner's permit which shall clearly identify the class of license applied for as provided in section 1504 (relating to classes of licenses).(b) Learner must be accompanied.--A learner's permit entitles the person to whom it was issued to drive vehicles and combinations of vehicles of the class or classes specified, but only while the holder of the learner's permit is accompanied by and under the immediate supervision of a person who: (1) is at least 21 years of age or, if the spouse of the learner's permit holder, is at least 18 years of age; or, if a parent, guardian or person in loco parentis of the learner's permit holder, is at least 18 years of age;(2) is licensed to drive vehicles of the class then being driven by the holder of the learner's permit; (3) is actually occupying a seat beside the holder of the learner's permit unless the vehicle is a motorcycle; and(4) is not manifestly under the influence of alcohol or DRUGS to the degree that the person may endanger themselves or others.(c) Operation of motorcycle.--A motorcycle learner's permit entitles the person to whom it is issued to operate a motorcycle only between sunrise and sunset and, except for a driver licensed to drive another class of vehicle, only while under the instruction and immediate supervision of a licensed motorcycle operator. Motorcycle learners shall not carry any passenger other than an instructor properly licensed to operate a motorcycle.(d)Duration of permit.--(1) A learner's permit shall be valid for a period of one year after date of issue, or until the holder of the permit has failed the examination as authorized in section 1508 (relating to examination of applicant for driver's license) three times within the one-year period.(2) A person may reapply for a motorcycle learner's permit no more frequently than three times in a five-year period from when the person first applies. Amotorcycle learner's permit is not renewable. (e)Authorization to test for driver's license and junior driver's license.--A person with a learner's permit is authorized to take the examination for a regular or junior driver's license for the class of vehicle for which a permit is held. Before a person under the age of 18 years may take the examination for a junior driver's license, including a Class M license to operate a motorcycle, the minor must: (1) Have held a learner's permit for that class of vehicle for a period of six months.(2) Present to the department a certification form signed by the father, mother, guardian, person in loco parentis or spouse of a married minor stating that the minor applicant has:(i) completed 65 hours of practical driving experience accompanied as required under subsection (b); (ii) except for a Class M license to operate a motorcycle, the 65 hours included no less than ten hours of nighttime driving and five hours of inclement weather driving; and(iii) printed, at the department's discretion, or viewed educational materials provided on the department's publicly accessible Internet website on the dangers of distracted driving, which may include, but are not limited to, written, electronic or video materials.(3) Have the certification form completed when the minor is ready for the licensing examination. The certification form shall be developed by the department and will be provided by the department when the original application for a learner's permit is processed. The department will make this form readily available through the mail or electronic means.(4) For a Class M license to operate a motorcycle, present evidence of successful completion of the department- approved motorcycle safety course .(f) Filing a false certification.--Any person who knowingly files a false certification commits a summary offense under section 6502 (relating to summary offenses).(g)Liability.--Submission of a certification under subsection (e)(2) shall not subject the parent, guardian, person in loco parentis or spouse of a married minor to any liability based upon the certification. (h)Requirements for a bioptic telescope learner's permit.--An individual with visual acuity less than 20/100 combined visual acuity but at least 20/200 visual acuity in the best corrected eye shall be eligible to apply for a bioptic telescope learner's permit provided the individual meets the following: (1) The applicant is given a complete vision examination, including plotted visual fields, and meets the visual requirements necessary for bioptic telescope driving.(2) The applicant has color vision sufficient to respond correctly to the presence of, or changes in, traffic light color, pavement markings, road signs, turn indicators, brake lights, emergency flashers or the presence of other road users, including emergency vehicles, as determined by a qualified health care provider.(3) The applicant provides proof of having a prescription bioptic telescope lens system in the applicant's physical possession for at least three months, and a statement of successful completion of at least 10 hours of front seat passenger-in-car instruction while wearing a bioptic telescope by a low-vision rehabilitation professional.(4) The applicant provides a letter of enrollment with a low-vision rehabilitation professional.(5) Bioptic telescope correction is no greater than a 6x telescope and firmly fixed in the glasses or attached permanently to the bridge of the frame.(i) Issuance of bioptic telescope learner's permit.--(1) Upon application by an eligible individual, the department shall issue a bioptic telescope learner's permit authorizing the permittee to drive only while wearing a bioptic telescope lens and during 30 minutes after sunrise through 30 minutes before sunset only.(2) The bioptic telescope learner's permit shall be valid for 12 months.(j) Authorization to test for driver's license with bioptic telescopes.--The following shall apply: (1) Before an individual with a bioptic telescope learner's permit may take the examination for a driver's license, the individual must:(i) Obtain a minimum of 20 hours of behind-the-wheel driver training using a bioptic telescope with a certified driving instructor or certified driver rehabilitation specialist knowledgeable in the use of a bioptic telescope for driving.(ii) After completion of the training under subparagraph (i), complete a minimum of 45 hours of observed driving hours with a licensed driver who is at least 21 years of age. The driving under this paragraph must include five hours of adverse weather driving.(iii) After completion of the training and driving under subparagraphs (i) and (ii), the permittee must be reevaluated by a low-vision rehabilitation professional. Based on the reevaluation, the low-vision rehabilitation specialist may recommend the department schedule the permittee for an on-road driving examination administered by the department.(2) Paragraph (1)(ii) may be waived for experienced drivers with stable visual acuity and fields of vision and a clean driving record based on the recommendation of a low-vision rehabilitation professional.Amended by P.L. (number not assigned at time of publication) 2024 No. 18,§ 2, eff. 6/5/2025.Amended by P.L. TBD 2020 No. 131, § 2, eff. 9/25/2021.Amended by P.L. TBD 2018 No. 153, § 1, eff. 12/24/2018.Amended by P.L. 1251 2013 No. 126, § 1, eff. 2/21/2014.Amended by P.L. 735 2012 No. 84, § 2, eff. 9/30/2012. 1976 , June 17, P.L. 162, No. 81, § 1, eff. July 1, 1977. Amended 1992, May 21, P.L. 245, No. 38, § 1, effective in 60 days; 1999, June 25, P.L. 164, No. 23, § 3, effective in 180 days; 2004, July 15, P.L. 694, No. 75, § 1, effective in 60 days [Sept. 13, 2004]; 2011 , Oct. 25, P.L. 334, No. 81, § 1, effective in 60 days [Dec. 27, 2011].This section is set out more than once due to postponed, multiple, or conflicting amendments.