How to know when to surrender your PA driver’s license?

Many clients who suffer a driver’s license suspension ask us for advice regarding when they should surrender their license to PennDOT. Dealing with a driver’s license suspension is stressful. Besides losing the ability to drive, you need to navigate the rules of PennDOT. There is no government body more confusing than PennDOT.  It is impossible to get a representative on the phone and information online is sparce. Your license can become suspended by violating the motor vehicle code, incurring
a DUI, or refusing a breathalyzer.

Regardless of how you incurred the suspension, you need to figure out the next steps. PennDOT is required to send the driver a letter advising them of the term of the suspension and the effective date. Further, in this letter PennDOT orders the driver to return all Pennsylvania driver license “products” to their department by a specific date. And although you cannot drive after sending in your license, the letter states in large bold letters “SURRENDERING THESE ITEMS PRIOR TO THIS DATE WILL NOT START YOUR SUSPENSION EARLY.”

PennDOT relies on 75 Pa.C.S. 1540(3) of the Motor Vehicle Code which states “the suspension, revocation or disqualification shall be effective upon a date determined by the
department.” Plainly put, section 1540, means PennDOT determines the dates of the suspension,
not the operator. This language is also referenced in 67 Pa.Code. 93.4 “A person whose driver’s
license or learner’s permit has been surrendered or cancelled pursuant to this chapter shall not
receive credit toward any suspension or revocation of their operating privilege for time prior to
the effective date of any suspension or revocation during which the license was surrendered or
cancelled….”

So, should you send your license back early? There is ample statutory authority giving
PennDOT the power to not give credit towards a suspension if you send your license back earlier
than necessary. However, it is customary for PennDOT to give credit! In our practice we have
routinely seen PennDOT give drivers credit towards their suspension when mailing their license in
early. Since this is not what the law prescribes, we don’t advise clients to send your license in early.
However, if you want to start your suspension early, it is likely PennDOT will give you credit if
you’re willing to take the chance.

This unspoken rule does not apply to suspensions related to admission into ARD. We
have found that PennDOT sticks to the suspension dates as prescribed in their letter when it comes
to an ARD. This is likely since the suspensions related to ARD are typically one or two months,
versus other suspensions which call for a term of six months or a year. Therefore, if your license
is suspended after being admitted into ARD, return your license to PennDOT a few days before the
suspension is scheduled to begin. These dates are not negotiable.

Having an experienced attorney will make this process much smoother. Call Fairlie & Lippy, P.C. with any license related questions.