(a) Offense defined.--A person whose operating privilege was disqualified, canceled, recalled, revoked or suspended and not restored or who does not hold a valid driver's license and applicable endorsements for the type and class of vehicle being operated commits an offense under this section if the person was the driver of any vehicle and:

(1) caused an accident resulting in injury or death of a person; or

(2) acted with negligence that contributed to causing the accident resulting in injury or death of a person.

(b) Penalties.--

(1) Except as otherwise provided in this section, any person violating subsection (a)(1) commits a misdemeanor of the second degree.

(2) If the victim suffers serious bodily injury or death, any person violating subsection (a)(1) commits a felony of the third degree.

(2.1) A person violating subsection (a)(2) resulting in the serious bodily injury of a person commits a misdemeanor of the third degree.

(2.2) A person violating subsection (a)(2) resulting in the death of a person commits a misdemeanor of the second degree.

(3) Any motor vehicle, as defined in section 102 (relating to definitions), used in the commission of an offense under this section may be deemed contraband and forfeited in accordance with the provisions set forth in 18 Pa.C.S. § 6501(d) (relating to scattering rubbish).

(c) Definitions.--(Deleted by amendment).

(Feb. 23, 1996, P.L.21, No.8, eff. 60 days; July 11, 1996, P.L.660, No.115, eff. imd.; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Nov. 30, 2004, P.L.1667, No.211, eff. 60 days; Oct. 19, 2010, P.L.557, No.81, eff. 60 days; Oct. 24, 2018, P.L.925, No.153, eff. 60 days)

2010 Amendment. The preamble of Act 81 provided that Act 81 may be referred to as the Sgt. Michael C. Weigand Law.

Cross References. Section 3742.1 is referred to in sections 1532, 1542, 1554, 1606 of this title.