By: Robert B. George, Esquire
If you are the subject of a pending or current suspension of your driver’s license in Pennsylvania, you may actually find yourself having to ask your “Baby” to drive your car for you.
Pennsylvania does offer, however, what is called an Occupational Limited License to a certain class of eligible drivers, depending upon the nature of the underlying offense that has resulted in the license suspension, as well as the current circumstances.
An Occupational Limited License (OLL) is a Class C (Non-Commercial Driver’s License) or Motorcycle Limited Driver’s License issued to a driver whose Pennsylvania driving privilege has been, or will be, suspended. An OLL authorizes you to drive a designated motor vehicle, under certain circumstances and conditions, when it is necessary for your occupation, work, trade, medical treatment or study. An individual is not eligible for an OLL if his/her driving privilege has been revoked, disqualified, cancelled or recalled. An individual is also ineligible to apply for an OLL if he/she has never been licensed by Pennsylvania or any other state, or has already been issued an OLL in the last five years.
Certain violations may also render an individual ineligible for an OLL, depending upon previous violations or conviction dates. In most cases, however, after the suspension time has been fully served for an ineligible violation, or if the violation has been released or resolved, it is no longer a disqualifying violation. The Department of Transportation for Pennsylvania maintains a rather detailed and somewhat complex schedule of criteria and related offenses by which to determine, in the first instance, if an individual is even eligible to apply for an OLL, and, if potentially eligible, additional criteria and/or conditions that must be satisfied before an OLL will actually be issued.
For example, an individual is not eligible to apply for an OLL if his/her underlying suspension is as a result of a conviction for driving while his/her license was already suspended for a prior DUI related offense. On the other hand, an individual whose license is currently suspended, or is pending suspension, for a conviction of a DUI related first-offense, is eligible for an OLL after he/she has served the first sixty days of the underlying suspension. The eligibility criteria and related conditions become more stringent depending on the nature and severity of the current offense, as well as any prior offenses/convictions that an individual has on his/her record.
If you or someone that you know is the subject of a current or pending license suspension, it is important that you know about your legal rights, specifically including eligibility for an Occupational Limited License, as your livelihood, among other things, may be a stake if you are unable to get to and from work.
The attorneys at DiOrio & Sereni, LLP are available to help you navigate through the complexities of the Pennsylvania Department of Transportation’s Occupational Limited License laws and regulations to determine if you may be a candidate, as well as to assist you in obtaining an OLL. Contact Robert B. George, Esquire at 610-565-5700, or send him an e-mail at [email protected].
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