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SENATE AMENDED
PRIOR PRINTER'S NOS. 2309, 2416, 3510,
3685 PRINTER'S NO. 3768
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1862
Session of
2025
INTRODUCED BY NEILSON, BENNINGHOFF, McNEILL, GIRAL, HILL-EVANS,
MADDEN, PICKETT, SANCHEZ, COOK, CERRATO, CEPEDA-FREYTIZ,
MALAGARI, HADDOCK, D. WILLIAMS, HOHENSTEIN, MENTZER, GREEN,
CIRESI, DOUGHERTY, BERNSTINE, KINKEAD AND SHAFFER,
SEPTEMBER 12, 2025
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 11, 2026
AN ACT
Amending Titles 35 (Health and Safety), 42 (Judiciary and
Judicial Procedure) and 75 (Vehicles) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions; in licensing of drivers, further
providing for chemical testing to determine amount of alcohol
or controlled substance and repealing provisions relating to
ignition interlock limited license; IN RULES OF THE ROAD IN
GENERAL, PROVIDING FOR PRIVATE PARKING LOTS; in driving after
imbibing alcohol or utilizing drugs, further providing for
definitions, FOR GRADING, FOR PENALTIES and for ignition
interlock, providing for ignition interlock driver's license,
for ignition interlock driver's license issued during
suspension period and for online services for ignition
interlock driver's license and further providing for prior
offenses, for the offense of illegally operating a motor
vehicle not equipped with ignition interlock and for
requirements for driving under influence offenders; and
making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8137(c.1) of Title 35 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 8137. First aid and other services.
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* * *
(c.1) Blood draw services.--A paramedic may provide
assistance to law enforcement upon request to perform a legal
blood draw on behalf of the agency from persons suspected of
violating 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while
operating privilege is suspended or revoked), 3735 (relating to
homicide by vehicle while driving under influence), 3735.1
(relating to aggravated assault by vehicle while driving under
the influence), 3802 (relating to driving under influence of
alcohol or controlled substance) or 3808(a)(2) (relating to
illegally operating a motor vehicle not equipped with ignition
interlock device). Services provided under this subsection shall
be considered to be within the paramedic's scope of practice. An
agency vehicle may be utilized to provide the services under
this subsection if the agency has implemented policies to ensure
that EMS will not be unavailable when an ambulance is needed for
a 911 dispatch. An agency may enter into an agreement with law
enforcement to provide blood draw services under this
subsection. A paramedic performing a legal blood draw service
within the paramedic's scope of practice under this section
shall maintain the same liability protections provided for under
this chapter. It shall be permissible for a court to allow a law
enforcement officer who witnessed the blood draw to testify as
to the chain of custody in place of the paramedic who drew the
blood.
* * *
Section 2. Sections 1515(a)(5.1) and 1725.3(a) of Title 42
are amended to read:
§ 1515. Jurisdiction and venue.
(a) Jurisdiction.--Except as otherwise prescribed by general
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rule adopted pursuant to section 503 (relating to reassignment
of matters), magisterial district judges shall, under procedures
prescribed by general rule, have jurisdiction of all of the
following matters:
* * *
(5.1) Offenses under 75 Pa.C.S. § 3808 (relating to
illegally operating a motor vehicle not equipped with
ignition interlock device).
* * *
§ 1725.3. Criminal laboratory and paramedic user fee.
(a) Imposition.--A person who is placed on probation without
verdict pursuant to section 17 of the act of April 14, 1972
(P.L.233, No.64), known as The Controlled Substance, Drug,
Device and Cosmetic Act, or who receives Accelerated
Rehabilitative Disposition or who pleads guilty to or nolo
contendere to or who is convicted of a crime as defined in 18
Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. §
1543(b)(1.1) (relating to driving while operating privilege is
suspended or revoked) or 3802 (relating to driving under
influence of alcohol or controlled substance) or 3735 (relating
to homicide by vehicle while driving under influence) or 3735.1
(relating to aggravated assault while driving under the
influence) or 3808(a)(2) (relating to illegally operating a
motor vehicle not equipped with ignition interlock device) or a
violation of The Controlled Substance, Drug, Device and Cosmetic
Act shall, in addition to any fines, penalties or costs, in
every case where laboratory services were required to prosecute
the crime or violation, be sentenced to pay a criminal
laboratory or paramedic user fee which shall include, but not be
limited to, the cost of sending a laboratory technician or
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paramedic to court proceedings.
* * *
Section 3. The definition of "ignition interlock limited
license" in section 102 of Title 75 is amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
["Ignition interlock limited license." A driver's license
issued to an individual whose operating privilege is suspended
or revoked for one or more violations under section 1547
(relating to chemical testing to determine amount of alcohol or
controlled substance) or 3802 (relating to driving under
influence of alcohol or controlled substance) or under former
section 3731 (relating to driving under influence of alcohol or
controlled substance) or a violation substantially similar to a
violation under section 3802 or former section 3731 in another
jurisdiction, requiring the individual to operate only motor
vehicles equipped with a functioning ignition interlock system.]
* * *
Section 4. Sections 1541(a.1), 1542(b)(1.1), 1547(a)
introductory paragraph and (b.2)(2) of Title 75 are amended to
read:
§ 1541. Period of disqualification, revocation or suspension of
operating privilege.
* * *
(a.1) Credit toward serving period of suspension for certain
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violations.--Credit toward serving the period of suspension or
revocation imposed for sections 1543(b)(1.1) (relating to
driving while operating privilege is suspended or revoked), 3732
(relating to homicide by vehicle), 3735 (relating to homicide by
vehicle while driving under influence), 3735.1 (relating to
aggravated assault by vehicle while driving under the
influence), 3742 (relating to accidents involving death or
personal injury), 3802 (relating to driving under influence of
alcohol or controlled substance) and 3808(a)(2) (relating to
illegally operating a motor vehicle not equipped with ignition
interlock device) shall not commence until the date of the
person's release from prison.
* * *
§ 1542. Revocation of habitual offender's license.
* * *
(b) Offenses enumerated.--Three convictions arising from
separate acts of any one or more of the following offenses
committed by any person shall result in such person being
designated as a habitual offender:
* * *
(1.1) Any violation of Chapter 38 (relating to driving
after imbibing alcohol or utilizing drugs) except for
sections 3808(a)(1) and (b) (relating to illegally operating
a motor vehicle not equipped with ignition interlock device)
and 3809 (relating to restriction on alcoholic beverages).
* * *
§ 1547. Chemical testing to determine amount of alcohol or
controlled substance.
(a) General rule.--Any person who drives, operates or is in
actual physical control of the movement of a vehicle in this
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Commonwealth shall be deemed to have given consent to one or
more chemical tests of breath or blood for the purpose of
determining the alcoholic content of blood or the presence of a
controlled substance if a police officer has reasonable grounds
to believe the person to have been driving, operating or in
actual physical control of the movement of a vehicle in
violation of section 1543(b)(1.1) (relating to driving while
operating privilege is suspended or revoked), 3802 (relating to
driving under influence of alcohol or controlled substance) or
3808(a)(2) (relating to illegally operating a motor vehicle not
equipped with ignition interlock device).
* * *
(b.2) Restoration fees.--
* * *
(2) All restoration fees imposed under this section must
be paid prior to the reinstatement of an individual's
unrestricted operating privilege [or in accordance with
section 1556(b)(3) (relating to ignition interlock limited
license)].
* * *
Section 5. Section 1556 of Title 75 is repealed:
[§ 1556. Ignition interlock limited license.
(a) Issuance.--
(1) The department shall issue an ignition interlock
limited license under this section to an individual whose
operating privileges have been suspended or revoked for:
(i) a violation under section 3802 (relating to
driving under influence of alcohol or controlled
substance) or under former section 3731 (relating to
driving under influence of alcohol or controlled
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substance) or a violation substantially similar to a
violation under this paragraph in another jurisdiction;
or
(ii) a refusal to submit to chemical testing under
section 1547 (relating to chemical testing to determine
amount of alcohol or controlled substance).
(2) The department shall issue an ignition interlock
limited license under the provisions of this section only
upon receiving proof that any motor vehicle to be operated by
the individual has been equipped with an approved ignition
interlock system as defined in section 3801 (relating to
definitions) as a condition of issuing an ignition interlock
limited license. Any vehicle to be operated by the
individual, during any period in which the individual holds a
valid ignition interlock limited license, must be equipped
with an ignition interlock system.
(3) An ignition interlock limited license issued under
the provisions of this section permits an individual to
operate motor vehicles equipped with a functioning ignition
interlock system, as defined in section 3801.
(4) Any period in which an individual holds a valid
ignition interlock limited license under this section shall
be counted toward satisfaction of any mandatory period of
ignition interlock use imposed under section 3805 (relating
to ignition interlock) arising from the same incident.
(b) Petition.--
(1) An applicant for an ignition interlock limited
license shall file a petition with the department, by
certified mail, on a form prescribed by the department, and
shall include proof that an approved ignition interlock
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system, as defined in section 3801, has been installed in one
or more motor vehicles that the applicant seeks permission to
operate.
(2) The petition shall also include proof of financial
responsibility covering each vehicle the applicant requests
to be permitted to operate. The department shall promulgate
regulations to require additional information as well as
additional evidence to verify the information contained in
the petition.
(3) The applicant shall surrender the applicant's
driver's license in accordance with section 1540 (relating to
surrender of license). If the applicant's driver's license
has been lost or stolen, the applicant shall submit an
application for a replacement license, along with the proper
fee. If the applicant is a nonresident licensed driver, the
applicant shall submit an acknowledgment of suspension in
lieu of a driver's license. If the applicant's license has
expired, the applicant shall submit an application for
renewal, along with the appropriate fee. All fines and costs
must be paid at the time of petition unless the applicant is
currently on a payment plan. Restoration fees required under
section 1960 (relating to reinstatement of operating
privilege or vehicle registration) must be paid at the time
of petition. Restoration fees required under section
1547(b.2) must be paid as follows:
(i) One-half of the amount must be paid at the time
of petition.
(ii) The remaining amount must be paid at the time
of application for an unrestricted driver's license.
(4) Consistent with the provisions of this section, if
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the applicant is qualified, the department shall issue an
ignition interlock limited license within 20 days of receipt
of the petition and all other requirements for issuance.
(c) Fee.--The application fee for an ignition interlock
limited license shall be $65. This fee shall be nonrefundable.
(d) Unauthorized issuance.--The department shall prohibit
issuance of an ignition interlock limited license to:
(1) Any individual who is not licensed to drive by the
Commonwealth or any other state.
(2) Any individual who is required by this title to take
an examination and who has failed to take and pass the
examination.
(3) Any individual whose operating privilege has been
recalled or canceled.
(4) Any individual who has an unsatisfied judgment
against the individual as the result of a motor vehicle
operation, until the judgment has been satisfied under the
provisions of section 1774 (relating to payments sufficient
to satisfy judgments) or an installment agreement has been
entered into to satisfy the judgment, as permitted under
section 1772(b) (relating to suspension for nonpayment of
judgments) or 1775 (relating to installment payment of
judgments), and the financial responsibility of the person
has been established.
(5) Any individual applying for an ignition interlock
limited license to operate a commercial motor vehicle.
(6) Any individual if the department is disqualified
from issuing the ignition interlock limited license under the
Commercial Motor Vehicle Safety Act of 1986 (Title XII of
Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the Motor
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Carrier Safety Improvement Act of 1999 (Public Law 106-159,
113 Stat. 1748).
(7) Any individual whose operating privilege has been
suspended under section 1532(a.1) (relating to suspension of
operating privilege) for conviction or adjudication of
delinquency based on a violation of section 3732 (relating to
homicide by vehicle) or 3735 (relating to homicide by vehicle
while driving under influence).
(e) Adjudication eligibility.--An individual whose operating
privilege has been suspended or revoked for a conviction of an
offense under section 3802 or under former section 3731 or an
offense substantially similar to an offense under section 3802
or former section 3731 in another jurisdiction shall be eligible
to apply for and, if otherwise qualified, be issued an ignition
interlock limited license upon receipt of notice of the
suspension or revocation.
(f) Suspension eligibility.--The following shall apply:
(1) An individual whose license has been suspended under
section 1547(b) shall be eligible to apply for and, if
otherwise qualified, be issued an ignition interlock limited
license under this section if the individual:
(i) has served six months of the suspension imposed
under section 1547(b)(1)(i); or
(ii) has served nine months of the suspension
imposed under section 1547(b)(1)(ii).
(2) An individual whose license has been suspended under
section 3804(e) (relating to penalties) shall be eligible to
apply for and, if otherwise qualified, be issued an ignition
interlock limited license under this section if the
individual:
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(i) has not had a prior offense, as defined under
section 3806 (relating to prior offenses). The individual
shall be immediately eligible for a suspension imposed
under section 3804(e)(2)(i);
(ii) has served six months of the suspension imposed
under section 3804(e)(2)(i); or
(iii) has served nine months of the suspension
imposed under section 3804(e)(2)(ii).
(3) An individual whose license has been suspended under
section 3807(d) (relating to Accelerated Rehabilitative
Disposition) shall be eligible, but not required, to apply
for and, if otherwise qualified, be issued an ignition
interlock limited license under this section for the duration
of the suspension.
(g) Duration.--An individual may hold a valid ignition
interlock limited license under this section for the duration of
the mandatory period of ignition interlock usage imposed under
section 3805 arising from the same incident.
(h) Required proof.--The department shall issue an ignition
interlock limited license under the provisions of this section
only upon receiving proof that any motor vehicle to be operated
by the individual has been equipped with an approved ignition
interlock system as defined in section 3801 as a condition of
issuing an ignition interlock limited license. Any vehicle to be
operated by the individual, during any period in which the
individual holds a valid ignition interlock limited license,
must be equipped with an ignition interlock system.
(i) Offenses reported during a period for which an ignition
interlock limited license has been issued.--If the department
receives a report of an offense for which the penalty is a
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cancellation, disqualification, recall, suspension or revocation
of operating privileges or a report under section 3815(c)(4)
(relating to mandatory sentencing) for any individual who has
been issued an ignition interlock limited license, the
department, at its sole discretion, shall either:
(1) extend the term of the ignition interlock limited
license for up to the original term for which the driver's
license was suspended or revoked; or
(2) recall the ignition interlock limited license, and
the individual shall surrender the limited license to the
department or its agents designated under the authority of
section 1540.
(j) Restrictions.--
(1) Pursuant to subsection (a)(2), an individual who has
been issued an ignition interlock limited license shall
operate only motor vehicles equipped with a functioning
ignition interlock system, as defined in section 3801.
(2) The operating privileges of an individual who has
been issued an ignition interlock limited license remain
under suspension or revocation, except when operating a motor
vehicle in accordance with the conditions of issuance and
restrictions of the ignition interlock limited license.
(k) Employment exemption.--If a person with an ignition
interlock limited license is required in the course and scope of
employment to drive, operate or be in actual physical control of
the movement of a motor vehicle owned by the person's employer,
the following apply:
(1) except as set forth in paragraph (2), the person may
drive, operate or be in actual physical control of the
movement of that motor vehicle in the course and scope of
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employment without installation of an ignition interlock
system if:
(i) the employer has been notified that the employee
is restricted; and
(ii) the employee has proof of the notification in
the employee's possession while driving, operating or
being in actual physical control of the movement of the
employer's motor vehicle. Proof of the notification may
be established only by the notarized signature of the
employer acknowledging notification on a form which shall
be provided by the department for this purpose and shall
include a contact telephone number of the employer.
(2) Paragraph (1) does not apply in any of the following
circumstances:
(i) To the extent that an employer-owned motor
vehicle is made available to the employee for personal
use.
(ii) If the employer-owned motor vehicle is owned by
an entity which is wholly or partially owned or
controlled by the person subject to this section.
(iii) If the employer-owned motor vehicle is a
school bus, a school vehicle or a vehicle designed to
transport more than 15 passengers, including the driver.
(l) Appeal from denial or recall of ignition interlock
limited license.--
(1) Any individual who is denied an ignition interlock
limited license or whose ignition interlock limited license
is extended or recalled under subsection (i) may file with
the department a petition for a hearing. The hearing shall be
conducted in accordance with 2 Pa.C.S. (relating to
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administrative law and procedure).
(2) The department may charge a reasonable fee based on
the cost to the department for conducting the hearing.
(3) The appeal shall not operate as an automatic
supersedeas. If an administrative hearing officer orders a
supersedeas in any appeal, the individual shall earn no
credit toward serving the suspension for which the individual
was granted an ignition interlock limited license.
(4) An appeal from a decision of an administrative
hearing officer may be taken in the manner provided in 42
Pa.C.S. § 763(a) (relating to direct appeals from government
agencies).
(5) Appeals under this subsection are exempt from the
provisions of section 1550(b) (relating to judicial review)
and from the provisions of 42 Pa.C.S. § 933 (relating to
appeals from government agencies).]
Section 6. Sections 3801 and 3805 of Title 75 are amended to
read:
[§ 1556. IGNITION INTERLOCK LIMITED LICENSE.
(A) ISSUANCE.--
(1) THE DEPARTMENT SHALL ISSUE AN IGNITION INTERLOCK
LIMITED LICENSE UNDER THIS SECTION TO AN INDIVIDUAL WHOSE
OPERATING PRIVILEGES HAVE BEEN SUSPENDED OR REVOKED FOR:
(I) A VIOLATION UNDER SECTION 3802 (RELATING TO
DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE) OR UNDER FORMER SECTION 3731 (RELATING TO
DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE) OR A VIOLATION SUBSTANTIALLY SIMILAR TO A
VIOLATION UNDER THIS PARAGRAPH IN ANOTHER JURISDICTION;
OR
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(II) A REFUSAL TO SUBMIT TO CHEMICAL TESTING UNDER
SECTION 1547 (RELATING TO CHEMICAL TESTING TO DETERMINE
AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE).
(2) THE DEPARTMENT SHALL ISSUE AN IGNITION INTERLOCK
LIMITED LICENSE UNDER THE PROVISIONS OF THIS SECTION ONLY
UPON RECEIVING PROOF THAT ANY MOTOR VEHICLE TO BE OPERATED BY
THE INDIVIDUAL HAS BEEN EQUIPPED WITH AN APPROVED IGNITION
INTERLOCK SYSTEM AS DEFINED IN SECTION 3801 (RELATING TO
DEFINITIONS) AS A CONDITION OF ISSUING AN IGNITION INTERLOCK
LIMITED LICENSE. ANY VEHICLE TO BE OPERATED BY THE
INDIVIDUAL, DURING ANY PERIOD IN WHICH THE INDIVIDUAL HOLDS A
VALID IGNITION INTERLOCK LIMITED LICENSE, MUST BE EQUIPPED
WITH AN IGNITION INTERLOCK SYSTEM.
(3) AN IGNITION INTERLOCK LIMITED LICENSE ISSUED UNDER
THE PROVISIONS OF THIS SECTION PERMITS AN INDIVIDUAL TO
OPERATE MOTOR VEHICLES EQUIPPED WITH A FUNCTIONING IGNITION
INTERLOCK SYSTEM, AS DEFINED IN SECTION 3801.
(4) ANY PERIOD IN WHICH AN INDIVIDUAL HOLDS A VALID
IGNITION INTERLOCK LIMITED LICENSE UNDER THIS SECTION SHALL
BE COUNTED TOWARD SATISFACTION OF ANY MANDATORY PERIOD OF
IGNITION INTERLOCK USE IMPOSED UNDER SECTION 3805 (RELATING
TO IGNITION INTERLOCK) ARISING FROM THE SAME INCIDENT.
(B) PETITION.--
(1) AN APPLICANT FOR AN IGNITION INTERLOCK LIMITED
LICENSE SHALL FILE A PETITION WITH THE DEPARTMENT, BY
CERTIFIED MAIL, ON A FORM PRESCRIBED BY THE DEPARTMENT, AND
SHALL INCLUDE PROOF THAT AN APPROVED IGNITION INTERLOCK
SYSTEM, AS DEFINED IN SECTION 3801, HAS BEEN INSTALLED IN ONE
OR MORE MOTOR VEHICLES THAT THE APPLICANT SEEKS PERMISSION TO
OPERATE.
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(2) THE PETITION SHALL ALSO INCLUDE PROOF OF FINANCIAL
RESPONSIBILITY COVERING EACH VEHICLE THE APPLICANT REQUESTS
TO BE PERMITTED TO OPERATE. THE DEPARTMENT SHALL PROMULGATE
REGULATIONS TO REQUIRE ADDITIONAL INFORMATION AS WELL AS
ADDITIONAL EVIDENCE TO VERIFY THE INFORMATION CONTAINED IN
THE PETITION.
(3) THE APPLICANT SHALL SURRENDER THE APPLICANT'S
DRIVER'S LICENSE IN ACCORDANCE WITH SECTION 1540 (RELATING TO
SURRENDER OF LICENSE). IF THE APPLICANT'S DRIVER'S LICENSE
HAS BEEN LOST OR STOLEN, THE APPLICANT SHALL SUBMIT AN
APPLICATION FOR A REPLACEMENT LICENSE, ALONG WITH THE PROPER
FEE. IF THE APPLICANT IS A NONRESIDENT LICENSED DRIVER, THE
APPLICANT SHALL SUBMIT AN ACKNOWLEDGMENT OF SUSPENSION IN
LIEU OF A DRIVER'S LICENSE. IF THE APPLICANT'S LICENSE HAS
EXPIRED, THE APPLICANT SHALL SUBMIT AN APPLICATION FOR
RENEWAL, ALONG WITH THE APPROPRIATE FEE. ALL FINES AND COSTS
MUST BE PAID AT THE TIME OF PETITION UNLESS THE APPLICANT IS
CURRENTLY ON A PAYMENT PLAN. RESTORATION FEES REQUIRED UNDER
SECTION 1960 (RELATING TO REINSTATEMENT OF OPERATING
PRIVILEGE OR VEHICLE REGISTRATION) MUST BE PAID AT THE TIME
OF PETITION. RESTORATION FEES REQUIRED UNDER SECTION
1547(B.2) MUST BE PAID AS FOLLOWS:
(I) ONE-HALF OF THE AMOUNT MUST BE PAID AT THE TIME
OF PETITION.
(II) THE REMAINING AMOUNT MUST BE PAID AT THE TIME
OF APPLICATION FOR AN UNRESTRICTED DRIVER'S LICENSE.
(4) CONSISTENT WITH THE PROVISIONS OF THIS SECTION, IF
THE APPLICANT IS QUALIFIED, THE DEPARTMENT SHALL ISSUE AN
IGNITION INTERLOCK LIMITED LICENSE WITHIN 20 DAYS OF RECEIPT
OF THE PETITION AND ALL OTHER REQUIREMENTS FOR ISSUANCE.
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(C) FEE.--THE APPLICATION FEE FOR AN IGNITION INTERLOCK
LIMITED LICENSE SHALL BE $65. THIS FEE SHALL BE NONREFUNDABLE.
(D) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT SHALL PROHIBIT
ISSUANCE OF AN IGNITION INTERLOCK LIMITED LICENSE TO:
(1) ANY INDIVIDUAL WHO IS NOT LICENSED TO DRIVE BY THE
COMMONWEALTH OR ANY OTHER STATE.
(2) ANY INDIVIDUAL WHO IS REQUIRED BY THIS TITLE TO TAKE
AN EXAMINATION AND WHO HAS FAILED TO TAKE AND PASS THE
EXAMINATION.
(3) ANY INDIVIDUAL WHOSE OPERATING PRIVILEGE HAS BEEN
RECALLED OR CANCELED.
(4) ANY INDIVIDUAL WHO HAS AN UNSATISFIED JUDGMENT
AGAINST THE INDIVIDUAL AS THE RESULT OF A MOTOR VEHICLE
OPERATION, UNTIL THE JUDGMENT HAS BEEN SATISFIED UNDER THE
PROVISIONS OF SECTION 1774 (RELATING TO PAYMENTS SUFFICIENT
TO SATISFY JUDGMENTS) OR AN INSTALLMENT AGREEMENT HAS BEEN
ENTERED INTO TO SATISFY THE JUDGMENT, AS PERMITTED UNDER
SECTION 1772(B) (RELATING TO SUSPENSION FOR NONPAYMENT OF
JUDGMENTS) OR 1775 (RELATING TO INSTALLMENT PAYMENT OF
JUDGMENTS), AND THE FINANCIAL RESPONSIBILITY OF THE PERSON
HAS BEEN ESTABLISHED.
(5) ANY INDIVIDUAL APPLYING FOR AN IGNITION INTERLOCK
LIMITED LICENSE TO OPERATE A COMMERCIAL MOTOR VEHICLE.
(6) ANY INDIVIDUAL IF THE DEPARTMENT IS DISQUALIFIED
FROM ISSUING THE IGNITION INTERLOCK LIMITED LICENSE UNDER THE
COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 (TITLE XII OF
PUBLIC LAW 99-570, 49 U.S.C. § 31302 ET SEQ.) OR THE MOTOR
CARRIER SAFETY IMPROVEMENT ACT OF 1999 (PUBLIC LAW 106-159,
113 STAT. 1748).
(7) ANY INDIVIDUAL WHOSE OPERATING PRIVILEGE HAS BEEN
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SUSPENDED UNDER SECTION 1532(A.1) (RELATING TO SUSPENSION OF
OPERATING PRIVILEGE) FOR CONVICTION OR ADJUDICATION OF
DELINQUENCY BASED ON A VIOLATION OF SECTION 3732 (RELATING TO
HOMICIDE BY VEHICLE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE
WHILE DRIVING UNDER INFLUENCE).
(E) ADJUDICATION ELIGIBILITY.--AN INDIVIDUAL WHOSE OPERATING
PRIVILEGE HAS BEEN SUSPENDED OR REVOKED FOR A CONVICTION OF AN
OFFENSE UNDER SECTION 3802 OR UNDER FORMER SECTION 3731 OR AN
OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE UNDER SECTION 3802
OR FORMER SECTION 3731 IN ANOTHER JURISDICTION SHALL BE ELIGIBLE
TO APPLY FOR AND, IF OTHERWISE QUALIFIED, BE ISSUED AN IGNITION
INTERLOCK LIMITED LICENSE UPON RECEIPT OF NOTICE OF THE
SUSPENSION OR REVOCATION.
(F) SUSPENSION ELIGIBILITY.--THE FOLLOWING SHALL APPLY:
(1) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED UNDER
SECTION 1547(B) SHALL BE ELIGIBLE TO APPLY FOR AND, IF
OTHERWISE QUALIFIED, BE ISSUED AN IGNITION INTERLOCK LIMITED
LICENSE UNDER THIS SECTION IF THE INDIVIDUAL:
(I) HAS SERVED SIX MONTHS OF THE SUSPENSION IMPOSED
UNDER SECTION 1547(B)(1)(I); OR
(II) HAS SERVED NINE MONTHS OF THE SUSPENSION
IMPOSED UNDER SECTION 1547(B)(1)(II).
(2) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED UNDER
SECTION 3804(E) (RELATING TO PENALTIES) SHALL BE ELIGIBLE TO
APPLY FOR AND, IF OTHERWISE QUALIFIED, BE ISSUED AN IGNITION
INTERLOCK LIMITED LICENSE UNDER THIS SECTION IF THE
INDIVIDUAL:
(I) HAS NOT HAD A PRIOR OFFENSE, AS DEFINED UNDER
SECTION 3806 (RELATING TO PRIOR OFFENSES). THE INDIVIDUAL
SHALL BE IMMEDIATELY ELIGIBLE FOR A SUSPENSION IMPOSED
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UNDER SECTION 3804(E)(2)(I);
(I.1) HAS NOT PREVIOUSLY COMPLETED ACCELERATED
REHABILITATIVE DISPOSITION WITHIN THE PRIOR 10 YEARS FOR
AN OFFENSE UNDER SECTION 3806(A). THE INDIVIDUAL SHALL BE
IMMEDIATELY ELIGIBLE FOR A SUSPENSION IMPOSED UNDER
SECTION 3804(E)(2)(I);
(II) HAS SERVED SIX MONTHS OF THE SUSPENSION IMPOSED
UNDER SECTION 3804(E)(2)(I); OR
(III) HAS SERVED NINE MONTHS OF THE SUSPENSION
IMPOSED UNDER SECTION 3804(E)(2)(II).
(3) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED UNDER
SECTION 3807(D) (RELATING TO ACCELERATED REHABILITATIVE
DISPOSITION) SHALL BE ELIGIBLE, BUT NOT REQUIRED, TO APPLY
FOR AND, IF OTHERWISE QUALIFIED, BE ISSUED AN IGNITION
INTERLOCK LIMITED LICENSE UNDER THIS SECTION FOR THE DURATION
OF THE SUSPENSION.
(G) DURATION.--AN INDIVIDUAL MAY HOLD A VALID IGNITION
INTERLOCK LIMITED LICENSE UNDER THIS SECTION FOR THE DURATION OF
THE MANDATORY PERIOD OF IGNITION INTERLOCK USAGE IMPOSED UNDER
SECTION 3805 ARISING FROM THE SAME INCIDENT.
(H) REQUIRED PROOF.--THE DEPARTMENT SHALL ISSUE AN IGNITION
INTERLOCK LIMITED LICENSE UNDER THE PROVISIONS OF THIS SECTION
ONLY UPON RECEIVING PROOF THAT ANY MOTOR VEHICLE TO BE OPERATED
BY THE INDIVIDUAL HAS BEEN EQUIPPED WITH AN APPROVED IGNITION
INTERLOCK SYSTEM AS DEFINED IN SECTION 3801 AS A CONDITION OF
ISSUING AN IGNITION INTERLOCK LIMITED LICENSE. ANY VEHICLE TO BE
OPERATED BY THE INDIVIDUAL, DURING ANY PERIOD IN WHICH THE
INDIVIDUAL HOLDS A VALID IGNITION INTERLOCK LIMITED LICENSE,
MUST BE EQUIPPED WITH AN IGNITION INTERLOCK SYSTEM.
(I) OFFENSES REPORTED DURING A PERIOD FOR WHICH AN IGNITION
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INTERLOCK LIMITED LICENSE HAS BEEN ISSUED.--IF THE DEPARTMENT
RECEIVES A REPORT OF AN OFFENSE FOR WHICH THE PENALTY IS A
CANCELLATION, DISQUALIFICATION, RECALL, SUSPENSION OR REVOCATION
OF OPERATING PRIVILEGES OR A REPORT UNDER SECTION 3815(C)(4)
(RELATING TO MANDATORY SENTENCING) FOR ANY INDIVIDUAL WHO HAS
BEEN ISSUED AN IGNITION INTERLOCK LIMITED LICENSE, THE
DEPARTMENT, AT ITS SOLE DISCRETION, SHALL EITHER:
(1) EXTEND THE TERM OF THE IGNITION INTERLOCK LIMITED
LICENSE FOR UP TO THE ORIGINAL TERM FOR WHICH THE DRIVER'S
LICENSE WAS SUSPENDED OR REVOKED; OR
(2) RECALL THE IGNITION INTERLOCK LIMITED LICENSE, AND
THE INDIVIDUAL SHALL SURRENDER THE LIMITED LICENSE TO THE
DEPARTMENT OR ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF
SECTION 1540.
(J) RESTRICTIONS.--
(1) PURSUANT TO SUBSECTION (A)(2), AN INDIVIDUAL WHO HAS
BEEN ISSUED AN IGNITION INTERLOCK LIMITED LICENSE SHALL
OPERATE ONLY MOTOR VEHICLES EQUIPPED WITH A FUNCTIONING
IGNITION INTERLOCK SYSTEM, AS DEFINED IN SECTION 3801.
(2) THE OPERATING PRIVILEGES OF AN INDIVIDUAL WHO HAS
BEEN ISSUED AN IGNITION INTERLOCK LIMITED LICENSE REMAIN
UNDER SUSPENSION OR REVOCATION, EXCEPT WHEN OPERATING A MOTOR
VEHICLE IN ACCORDANCE WITH THE CONDITIONS OF ISSUANCE AND
RESTRICTIONS OF THE IGNITION INTERLOCK LIMITED LICENSE.
(K) EMPLOYMENT EXEMPTION.--IF A PERSON WITH AN IGNITION
INTERLOCK LIMITED LICENSE IS REQUIRED IN THE COURSE AND SCOPE OF
EMPLOYMENT TO DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF
THE MOVEMENT OF A MOTOR VEHICLE OWNED BY THE PERSON'S EMPLOYER,
THE FOLLOWING APPLY:
(1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE PERSON MAY
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DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE
MOVEMENT OF THAT MOTOR VEHICLE IN THE COURSE AND SCOPE OF
EMPLOYMENT WITHOUT INSTALLATION OF AN IGNITION INTERLOCK
SYSTEM IF:
(I) THE EMPLOYER HAS BEEN NOTIFIED THAT THE EMPLOYEE
IS RESTRICTED; AND
(II) THE EMPLOYEE HAS PROOF OF THE NOTIFICATION IN
THE EMPLOYEE'S POSSESSION WHILE DRIVING, OPERATING OR
BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE
EMPLOYER'S MOTOR VEHICLE. PROOF OF THE NOTIFICATION MAY
BE ESTABLISHED ONLY BY THE NOTARIZED SIGNATURE OF THE
EMPLOYER ACKNOWLEDGING NOTIFICATION ON A FORM WHICH SHALL
BE PROVIDED BY THE DEPARTMENT FOR THIS PURPOSE AND SHALL
INCLUDE A CONTACT TELEPHONE NUMBER OF THE EMPLOYER.
(2) PARAGRAPH (1) DOES NOT APPLY IN ANY OF THE FOLLOWING
CIRCUMSTANCES:
(I) TO THE EXTENT THAT AN EMPLOYER-OWNED MOTOR
VEHICLE IS MADE AVAILABLE TO THE EMPLOYEE FOR PERSONAL
USE.
(II) IF THE EMPLOYER-OWNED MOTOR VEHICLE IS OWNED BY
AN ENTITY WHICH IS WHOLLY OR PARTIALLY OWNED OR
CONTROLLED BY THE PERSON SUBJECT TO THIS SECTION.
(III) IF THE EMPLOYER-OWNED MOTOR VEHICLE IS A
SCHOOL BUS, A SCHOOL VEHICLE OR A VEHICLE DESIGNED TO
TRANSPORT MORE THAN 15 PASSENGERS, INCLUDING THE DRIVER.
(L) APPEAL FROM DENIAL OR RECALL OF IGNITION INTERLOCK
LIMITED LICENSE.--
(1) ANY INDIVIDUAL WHO IS DENIED AN IGNITION INTERLOCK
LIMITED LICENSE OR WHOSE IGNITION INTERLOCK LIMITED LICENSE
IS EXTENDED OR RECALLED UNDER SUBSECTION (I) MAY FILE WITH
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THE DEPARTMENT A PETITION FOR A HEARING. THE HEARING SHALL BE
CONDUCTED IN ACCORDANCE WITH 2 PA.C.S. (RELATING TO
ADMINISTRATIVE LAW AND PROCEDURE).
(2) THE DEPARTMENT MAY CHARGE A REASONABLE FEE BASED ON
THE COST TO THE DEPARTMENT FOR CONDUCTING THE HEARING.
(3) THE APPEAL SHALL NOT OPERATE AS AN AUTOMATIC
SUPERSEDEAS. IF AN ADMINISTRATIVE HEARING OFFICER ORDERS A
SUPERSEDEAS IN ANY APPEAL, THE INDIVIDUAL SHALL EARN NO
CREDIT TOWARD SERVING THE SUSPENSION FOR WHICH THE INDIVIDUAL
WAS GRANTED AN IGNITION INTERLOCK LIMITED LICENSE.
(4) AN APPEAL FROM A DECISION OF AN ADMINISTRATIVE
HEARING OFFICER MAY BE TAKEN IN THE MANNER PROVIDED IN 42
PA.C.S. § 763(A) (RELATING TO DIRECT APPEALS FROM GOVERNMENT
AGENCIES).
(5) APPEALS UNDER THIS SUBSECTION ARE EXEMPT FROM THE
PROVISIONS OF SECTION 1550(B) (RELATING TO JUDICIAL REVIEW)
AND FROM THE PROVISIONS OF 42 PA.C.S. § 933 (RELATING TO
APPEALS FROM GOVERNMENT AGENCIES).]
SECTION 6. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
§ 3356. PRIVATE PARKING LOTS.
(A) GENERALLY.--THE OWNER OR OPERATOR OF A PRIVATE PARKING
LOT OR AN AGENT MAY ESTABLISH RULES AND RATES THAT GOVERN THE
PARKING OF VEHICLES ON THE OWNER'S PRIVATE PARKING LOT. RULES
AND RATES MAY INCLUDE FEES OR CHARGES FOR VIOLATING THE PROPERTY
OWNER'S OR OPERATOR'S RULES.
(B) SIGNAGE.--THE OWNER OR OPERATOR OF A PRIVATE PARKING LOT
OR AN AGENT SHALL PLACE SIGNAGE THAT IS LEGIBLE AND CLEARLY
VISIBLE TO INDIVIDUALS ENTERING THE AREA OF THE PRIVATE PARKING
LOT. THE SIGNAGE SHALL STATE THAT THE PRIVATE PARKING LOT IS NOT
OPERATED BY A GOVERNMENTAL ENTITY AND LIST THE RATES FOR PARKING
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CHARGES AND FOR FEES FOR VIOLATING THE RULES OF THE PROPERTY
OWNER OR OPERATOR.
(C) INVOICES.--AN INVOICE FOR UNPAID PARKING CHARGES OR FEES
FOR VIOLATING THE RULES OF THE PROPERTY OWNER OR OPERATOR OF A
PRIVATE PARKING LOT SHALL BE PLACED ON THE VEHICLE IN A
PROMINENT LOCATION OR MAILED TO THE REGISTERED OWNER OF THE
VEHICLE WITHIN 10 BUSINESS DAYS OF THE USE OF THE PRIVATE
PARKING LOT OR OF THE VIOLATION.
(D) LIMITED INFORMATIONAL ACCESS.--
(1) AN OWNER OR OPERATOR OF A PRIVATE PARKING LOT OR AN
AGENT MAY, UPON THE FILING OF AN AFFIDAVIT CERTIFYING THE
INTENDED USE OF RECORDS AND THE EXECUTION OF A CONTRACT IN A
FORM AND MANNER PRESCRIBED BY THE DEPARTMENT, OBTAIN RECORDS
FROM THE DEPARTMENT LIMITED TO THE NAME AND MAILING ADDRESS
OF A REGISTRATION PLATE ISSUED UNDER SECTION 1331 (RELATING
TO ISSUANCE AND REISSUANCE OF REGISTRATION PLATES).
(2) THE AFFIDAVIT OF INTENDED USE AND CONTRACT EXECUTED
BETWEEN A PRIVATE PARKING LOT OWNER OR OPERATOR OR AN AGENT
AND THE DEPARTMENT SHALL SPECIFY THAT ACCESS TO RECORDS SHALL
BE SOLELY FOR THE PURPOSE OF OBTAINING THE NAME AND MAILING
ADDRESS OF THE REGISTRANT OF A VEHICLE WHICH HAS PARKED AN
UNATTENDED VEHICLE ON THE OWNER'S OR OPERATOR'S PRIVATE
PARKING LOT AND FOR THE PURPOSE OF MAILING THE REGISTRANT AN
INVOICE FOR UNPAID PARKING CHARGES AND FEES FOR VIOLATING THE
RULES OF THE PRIVATE PARKING LOT.
(3) THE OWNER OR OPERATOR OF A PRIVATE PARKING LOT, WITH
APPROVAL FROM THE DEPARTMENT, SHALL DESIGNATE IN WRITING AN
AGENT TO CARRY OUT SOME OR ALL OF THE DUTIES DETAILED IN THIS
SECTION, INCLUDING, BUT NOT LIMITED TO, THE DUTY TO OBTAIN,
MANAGE AND STORE REGISTERED MOTOR VEHICLE OWNER INFORMATION.
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(4) THE DEPARTMENT SHALL PUBLISH GUIDELINES WITH MINIMUM
REQUIREMENTS FOR OWNERS, OPERATORS AND AGENTS OF A PRIVATE
PARKING LOT.
(5) THE OWNER OR AN AGENT, IN COMPLIANCE WITH THIS
SECTION, SHALL OBTAIN THE RECORDS FROM THE DEPARTMENT VIA
COMPUTER ACCESS.
(6) ACCESS TO REGISTERED MOTOR VEHICLE OWNER INFORMATION
BY AN OWNER OR OPERATOR OF A PRIVATE PARKING LOT OR AN AGENT
SHALL NOT BE CONSIDERED A SALE, PUBLICATION OR DISCLOSURE OF
A DRIVING RECORD UNDER SECTION 6114(A) (RELATING TO
LIMITATION ON SALE, PUBLICATION AND DISCLOSURE OF RECORDS)
AND SHALL BE CONSIDERED A PERMISSIBLE USE AUTHORIZED UNDER 18
U.S.C. § 2721(B)(14) (RELATING TO PROHIBITION ON RELEASE AND
USE OF CERTAIN PERSONAL INFORMATION FROM STATE MOTOR VEHICLE
RECORDS).
(7) THE AGENT SHALL STORE THE RECORDS SO THE RECORDS CAN
BE DESTROYED WITHIN 24 HOURS IN A FORM AND MANNER PRESCRIBED
BY A CONTRACT EXECUTED UNDER THIS SECTION. THE AGENT SHALL
DESTROY RECORDS WITHIN 24 HOURS OF RECEIPT OF INVOICE
PAYMENT.
(8) IT SHALL BE A VIOLATION OF THIS SECTION FOR AN OWNER
OR OPERATOR OF A PRIVATE PARKING LOT OR AN AGENT TO
INTENTIONALLY USE ANY INFORMATION OBTAINED FROM THE
DEPARTMENT UNDER THIS SECTION FOR ANY PURPOSE NOT PERMITTED
UNDER PARAGRAPH (2). A VIOLATION OF THIS SUBSECTION SHALL
CONSTITUTE A MISDEMEANOR OF THE THIRD DEGREE PUNISHABLE BY A
$500 FINE. EACH VIOLATION SHALL CONSTITUTE A SEPARATE AND
DISTINCT OFFENSE.
(9) THE DEPARTMENT SHALL HAVE THE AUTHORITY TO AUDIT
COMPLIANCE WITH ANY CONTRACT EXECUTED UNDER THIS SUBSECTION.
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THE DEPARTMENT'S FINDING OF A FAILURE TO COMPLY WITH A
CONTRACT EXECUTED UNDER THIS SECTION SHALL BE GROUNDS FOR
TERMINATION OF THE CONTRACT.
(E) FEES.--THE DEPARTMENT MAY CHARGE A REASONABLE FEE FOR
EACH RECORD REQUEST. THE FOLLOWING SHALL APPLY TO THE FEE FOR
EACH RECORD REQUEST:
(1) THE FEE MAY NOT EXCEED $2 IN THE CALENDAR YEAR OF
THE EFFECTIVE DATE OF THIS PARAGRAPH AND THE CALENDAR YEAR
FOLLOWING THE EFFECTIVE DATE OF THIS PARAGRAPH.
(2) THE DEPARTMENT SHALL HAVE THE FOLLOWING DUTIES:
(I) DETERMINE THE PERCENTAGE INCREASE IN THE
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE
PERIOD BEGINNING JANUARY 1 OF THE CALENDAR YEAR OF THE
EFFECTIVE DATE OF THIS PARAGRAPH AND ENDING DECEMBER 31
OF THE CALENDAR YEAR FOLLOWING THE EFFECTIVE DATE OF THIS
PARAGRAPH.
(II) APPLY, AS OF JULY 1 OF EACH CALENDAR YEAR IN
WHICH AN INCREASE WAS CALCULATED UNDER SUBPARAGRAPH (I),
THE INCREASE CALCULATED UNDER SUBPARAGRAPH (I) TO THE
FEE.
(III) DETERMINE THE PERCENTAGE INCREASE IN THE
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR EACH
SUBSEQUENT 12-MONTH PERIOD AND APPLY THE INCREASE
CALCULATED UNDER THIS SUBPARAGRAPH TO THE FEE.
(3) THE DEPARTMENT SHALL ROUND THE ADJUSTMENTS TO THE
FEE UNDER PARAGRAPH (2) TO THE NEAREST MULTIPLE OF $1.
(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"AGENT." AN INDIVIDUAL OR ENTITY DESIGNATED IN WRITING BY
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THE OWNER OR OPERATOR OF A PRIVATE PARKING LOT TO CARRY OUT SOME
OR ALL OF THE DUTIES DETAILED IN THIS SECTION, INCLUDING, BUT
NOT LIMITED TO, THE DUTY TO OBTAIN, MANAGE AND STORE REGISTERED
MOTOR VEHICLE OWNER INFORMATION.
"PRIVATE PARKING LOT." THE TERM SHALL HAVE THE SAME MEANING
GIVEN TO IT UNDER SECTION 3353(B)(2) (RELATING TO PROHIBITIONS
IN SPECIFIED PLACES).
SECTION 6 7. SECTION 3801 OF TITLE 75 IS AMENDED TO READ:
§ 3801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adult." An individual who is at least 21 years of age.
"Ignition interlock [system] device." A [system] device
approved by the department, the approval of which is published
as a notice by the Legislative Reference Bureau in the
Pennsylvania Bulletin under section 3805(h) (relating to
ignition interlock), which prevents a vehicle from being started
or operated unless the operator first provides a breath sample
indicating that the operator has an alcohol level less than
0.025%.
"Minor." An individual who is under 21 years of age.
SECTION 7 8. SECTIONS 3803(C)(2), 3804(A)(2) INTRODUCTORY
PARAGRAPH, (B)(2) INTRODUCTORY PARAGRAPH AND (C)(2) INTRODUCTORY
PARAGRAPH AND 3805 OF TITLE 75, AMENDED DECEMBER 22, 2025
(P.L.363, NO.58), ARE AMENDED TO READ:
§ 3803. GRADING.
* * *
(C) OFFENSES FOLLOWING DIVERSION.--
* * *
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(2) AN INDIVIDUAL WHO VIOLATES SECTION 3802(H)(1) WHERE
THE UNDERLYING OFFENSE IS A VIOLATION OF SECTION 3802(A)(1)
WHERE THE INDIVIDUAL REFUSED TESTING OF BREATH OR CHEMICAL
TESTING PURSUANT TO A VALID SEARCH WARRANT, COURT ORDER OR
ANY OTHER BASIS PERMISSIBLE BY THE CONSTITUTION OF THE UNITED
STATES AND THE CONSTITUTION OF PENNSYLVANIA OR SECTION
3802(C) OR (D), COMMITS A MISDEMEANOR OF THE FIRST DEGREE.
§ 3804. PENALTIES.
(A) GENERAL IMPAIRMENT.--EXCEPT AS SET FORTH IN SUBSECTION
(B) OR (C), AN INDIVIDUAL WHO VIOLATES SECTION 3802(A) (RELATING
TO DRIVING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE)
SHALL BE SENTENCED AS FOLLOWS:
* * *
(2) FOR A SECOND OFFENSE OR A FIRST OFFENSE FOR A
VIOLATION OF SECTION 3802(H)(1) WITH AN UNDERLYING VIOLATION
OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, TO:
* * *
(B) HIGH RATE OF BLOOD ALCOHOL; MINORS; COMMERCIAL VEHICLES
AND SCHOOL BUSES AND SCHOOL VEHICLES; ACCIDENTS.--EXCEPT AS SET
FORTH IN SUBSECTION (C), AN INDIVIDUAL WHO VIOLATES SECTION
3802(A)(1) WHERE THERE WAS AN ACCIDENT RESULTING IN BODILY
INJURY, SERIOUS BODILY INJURY OR DEATH OF ANY PERSON OR DAMAGE
TO A VEHICLE OR OTHER PROPERTY OR WHO VIOLATES SECTION 3802(B),
(E) OR (F) SHALL BE SENTENCED AS FOLLOWS:
* * *
(2) FOR A SECOND OFFENSE OR A FIRST OFFENSE FOR A
VIOLATION OF SECTION 3802(H)(1) WITH AN UNDERLYING VIOLATION
OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, TO:
* * *
(C) INCAPACITY; HIGHEST BLOOD ALCOHOL; CONTROLLED
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SUBSTANCES.--AN INDIVIDUAL WHO VIOLATES SECTION 3802(A)(1) AND
REFUSED TESTING OF BREATH UNDER SECTION 1547 (RELATING TO
CHEMICAL TESTING TO DETERMINE AMOUNT OF ALCOHOL OR CONTROLLED
SUBSTANCE) OR TESTING OF BLOOD PURSUANT TO A VALID SEARCH
WARRANT OR AN INDIVIDUAL WHO VIOLATES SECTION 3802(C) OR (D)
SHALL BE SENTENCED AS FOLLOWS:
* * *
(2) FOR A SECOND OFFENSE OR A FIRST OFFENSE FOR A
VIOLATION OF SECTION 3802(H)(1) WITH AN UNDERLYING VIOLATION
OF AN OFFENSE ENUMERATED IN THIS SUBSECTION, TO:
* * *
§ 3805. Ignition interlock.
(a) General rule.--Except as provided under subsection
(a.1), if a person violates section 3802 (relating to driving
under influence of alcohol or controlled substance) and has had
the person's operating privilege suspended or has [had [their]
the person's operating [privileges] PRIVILEGE suspended pursuant
to section 1547 (relating to chemical testing to determine
amount of alcohol or controlled substance) [or 3808(c) (relating
to illegally operating a motor vehicle not equipped with
ignition interlock)] and the person seeks a restoration of
operating [privileges] PRIVILEGE, the department shall require
as a condition of [issuing a restricted license pursuant to this
section] restoration that the following occur:
(1) Any motor vehicle [to be] operated by the
[individual has been] person is equipped with an ignition
interlock [system and remains so for the duration of the
restricted license period] device. A PERSON SUBJECT TO THIS
SECTION SHALL ONLY BE REQUIRED TO NOTIFY THE DEPARTMENT OR
VENDOR OF A MOTOR VEHICLE THE PERSON INTENDS TO OPERATE
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DURING THE PERIOD OF IGNITION INTERLOCK USAGE. A MOTOR
VEHICLE TO BE OPERATED MUST BE PROPERLY REGISTERED UNDER
SECTION 1301 (RELATING TO REGISTRATION AND CERTIFICATE OF
TITLE REQUIRED) AND INSURED UNDER SECTION 1786 (RELATING TO
REQUIRED FINANCIAL RESPONSIBILITY).
[(2) If there are no motor vehicles owned or to be
operated by the person or registered to the person that the
person so certify to the department in accordance with the
department's regulations.]
(2) IF THERE ARE NO MOTOR VEHICLES TO BE OPERATED BY
THE+ PERSON DURING THE PERIOD OF IGNITION INTERLOCK USAGE,
THAT THE PERSON SO CERTIFY TO THE DEPARTMENT.
(3) The person complies with section 3805.1(a) (relating
to i gnition interlock driver's license ).
(a.1) Exception.--Subsection (a) shall not apply to [an
individual] a person who meets [all] any of the following:
(1) Is subject to the penalties under section 3804(a)(1)
(relating to penalties) [or subject to mandatory suspension
of operating privilege under section 3807(d) (relating to
Accelerated Rehabilitative Disposition).] and has not had a
prior offense as defined under section 3806 (relating to
prior offenses).
(1.1) Is subject to mandatory suspension of operating
privileges PRIVILEGE under section 3807(d) (relating to
Accelerated Rehabilitative Disposition).
(2) Has not had a prior offense, as defined under
section 3806 [(relating to prior offenses).] and certifies on
a form provided by the department that the person does not
own and has not registered a motor vehicle. INTEND TO OPERATE
A MOTOR VEHICLE DURING THE PERIOD OF IGNITION INTERLOCK
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USAGE.
(3) HAS NOT PREVIOUSLY COMPLETED ACCELERATED
REHABILITATIVE DISPOSITION WITHIN THE PRIOR 10 YEARS FOR AN
OFFENSE UNDER SECTION 3806(A).
[(b) Application for a restricted license.--A person subject
to this section shall apply to the department for an ignition
interlock restricted license under section 1951 (relating to
driver's license and learner's permit), which shall be clearly
marked to restrict the person to only driving, operating or
being in actual physical control of the movement of motor
vehicles equipped with an ignition interlock system. Upon
issuance of an ignition interlock restricted license to any
person, the department shall notify the person that until the
person obtains an unrestricted license the person may not drive,
operate or be in actual physical control of the movement of any
motor vehicle which is not equipped with an ignition interlock
system.
(c) Issuance of unrestricted license.--One year from the
date of issuance of an ignition interlock restricted license
under this section, if otherwise eligible, a person may be
issued a replacement license under section 1951(d) that does not
contain the ignition interlock system restriction. The
department shall not issue an unrestricted license until a
person has presented all of the following:
(1) Proof that the person has completed the ignition
interlock restricted license period under this section.
(2) Certification by the vendor that provided the
ignition interlock device that the person has complied with
subsection (h.2).
(d) Prohibition.--Except as set forth in subsections (e) and
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(f), until the person obtains an unrestricted license, the
person may not own, register, drive, operate or be in actual
physical control of the movement of any motor vehicle within
this Commonwealth unless the motor vehicle is equipped with an
ignition interlock system.
(e) Economic hardship exemption.--A person subject to the
requirements of subsection (a) may apply to the department for a
hardship exemption to the requirement that an ignition interlock
system must be installed in each of the person's motor vehicles.
Where the department determines that the applicant establishes
that such a requirement would result in undue financial
hardship, the department may permit the applicant to install an
ignition interlock system on only one of the applicant's motor
vehicles. However, the applicant in accordance with section 3808
(relating to illegally operating a motor vehicle not equipped
with ignition interlock) shall be prohibited from driving,
operating or being in actual physical control of the movement of
any motor vehicle, including any of the applicant's motor
vehicles, which is not equipped with an ignition interlock
system.]
(e.1) Term of ignition interlock.--The ignition interlock
requirement under this section shall be for one year OR 18
MONTHS from the date the operating privilege has been restored
from the suspension imposed under section 1547 or 3804. Credit
toward satisfaction of the one-year OR 18-MONTH IGNITION
INTERLOCK requirement shall be counted as provided for under
section 3805.2(a)(2) and (4) (relating to i gnition interlock
driver's license issued during suspension period ). 3805.1. THE
PERSON SHALL RECEIVE CREDIT TOWARD SATISFACTION OF THE ONE-YEAR
OR 18-MONTH IGNITION INTERLOCK REQUIREMENT STARTING ON THE
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ISSUANCE DATE OF THE PERSON'S IGNITION INTERLOCK DRIVER'S
LICENSE.
(e.2) Offenses committed as part of one A SINGLE incident.--
When a person receives an operating privilege suspension for
violating section 3802(a), (b), (c) or (d) and for refusing to
submit to testing under section 1547 as a result of the same
incident, the person shall have only one one-year OR 18-MONTH
term of ignition interlock requirement under subsection (e.1)
and shall be permitted to hold an ignition interlock driver's
license during the term of that requirement. The person shall
have the option to apply for an ignition interlock driver's
license in accordance with section 3805.2 3805.1 for the
suspensions imposed for both the violation under section 3802
and the refusal to submit to testing under section 1547.
(f) Employment exemption.--If a person with [a restricted]
an ignition interlock driver's license is required in the course
and scope of employment to drive, operate or be in actual
physical control of the movement of a motor vehicle owned by the
person's employer, the following apply:
(1) Except as set forth in paragraph (2), the person may
drive, operate or be in actual physical control of the
movement of that motor vehicle in the course and scope of
employment without installation of an ignition interlock
[system] device if:
(i) the employer has been notified that the employee
[is restricted] has an ignition interlock requirement;
and
(ii) the employee has proof of the notification in
the employee's possession while driving, operating or
being in actual physical control of the movement of the
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employer's motor vehicle. Proof of the notification may
be established only by the notarized signature of the
employer acknowledging notification on a form which shall
be provided by the department for this purpose and shall
include a contact telephone number of the employer.
(2) Paragraph (1) does not apply in any of the following
circumstances:
(i) To the extent that an employer-owned motor
vehicle is made available to the employee for personal
use.
(ii) If the employer-owned motor vehicle is owned by
an entity which is wholly or partially owned or
controlled by the person subject to this section.
(iii) If the employer-owned motor vehicle is a
school bus; a school vehicle; or a vehicle designed to
transport more than 15 passengers, including the driver.
(g) Prohibition of authorization.--This section shall not
give the department authorization to impose an ignition
interlock requirement on a person that has committed an offense
under former section 3731 prior to October 1, 2003, without the
issuance of a court order.
(h) Department approval.--An ignition interlock [system]
device required to be installed under this title must be a
[system] device which has been approved by the department. The
[department's approval of ignition interlock systems shall be
published in] department shall transmit a notice of the
department's approval to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin. [Systems] Devices approved for use under former 42
Pa.C.S. § 7002(d) (relating to ignition interlock systems for
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driving under the influence) and any contracts for the
installation, maintenance and inspection of the [systems]
devices in effect as of the effective date of this section shall
continue to be approved and in effect until the department again
[publishes] transmits notice of the department's approval of
ignition interlock [systems in] devices to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin and enters into new contracts in
support of the [systems] devices.
(h.1) Mobile installation services.--
(1) Approved service providers of department-certified
manufacturers of ignition interlock [systems] devices shall
be permitted to provide mobile installation of ignition
interlock [systems] devices within this Commonwealth.
(2) Mobile installation of ignition interlock [systems]
devices shall be held to the same security and procedural
standards as provided in specifications of the department.
(3) Approved service providers of mobile installation of
ignition interlock [systems] devices shall not permit the
program participant or any unauthorized personnel to witness
the installation of the ignition interlock [system] device.
(4) Regular maintenance of ignition [interlocks]
interlock devices after mobile installation shall be
performed according to the specifications established by the
department.
(h.2) Declaration of compliance.--[Restrictions imposed
under section 1556 (relating to ignition interlock limited
license)] The requirement to have an ignition interlock device
under subsection (a) shall remain in effect until the department
receives a declaration of compliance from the person's ignition
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interlock device vendor, in a form provided [or approved] by the
department, certifying that the following incidents have not
occurred in the [two consecutive months] 60 days prior to the
date entered on the [certificate] DECLARATION OF COMPLIANCE, and
for the purposes of a suspension imposed under section 3807(d)
(2), the person's ignition interlock device vendor shall certify
the following incidents have not occurred in the prior 30 days
entered on the [certificate] DECLARATION OF COMPLIANCE:
(1) An attempt to start the vehicle with a breath
alcohol concentration of 0.08% or more, not followed within
10 minutes by a subsequent attempt with a breath alcohol
concentration lower than 0.08%.
(2) Failure to take or pass any required retest.
(3) Failure of the person to appear at the ignition
interlock [system] device vendor when required for
maintenance, repair, calibration, monitoring, inspection or
replacement of the ignition interlock device such that the
ignition interlock [system] device no longer functions as
required under subsection (h).
[(i) Offenses committed during a period for which an
ignition interlock restricted license has been issued.--Except
as provided in sections 1547(b.1) and 3808(c) (relating to
illegally operating a motor vehicle not equipped with ignition
interlock), any driver who has been issued an ignition interlock
restricted license and as to whom the department receives a
certified record of a conviction of an offense for which the
penalty is a cancellation, disqualification, recall, suspension
or revocation of operating privileges shall have the ignition
interlock restricted license recalled, and the driver shall
surrender the ignition interlock restricted license to the
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department. Following the completion of the cancellation,
disqualification, recall, suspension or revocation which
resulted in the recall of the ignition interlock restricted
license, the department shall require that the person complete
the balance of the ignition interlock restricted license period
previously imposed prior to the issuance of a replacement
license under section 1951(d) that does not contain an ignition
interlock restriction.]
(j) Notification of incident.--If an incident under
subsection (h.2)(1), (2) or (3) occurs in the APPLICABLE 60-day
or 30-day period prior to the date entered on the declaration of
compliance, the ignition interlock device vendor shall notify
the department of the incident in a form provided by the
department, and the department shall notify the person of the
incident and that the ignition interlock device usage shall
continue until no incidents have occurred within a THE
APPLICABLE 60-day or 30-day period.
Section 7 8 9. Title 75 is amended by adding sections to
read:
§ 3805.1. Ignition interlock driver's license.
(a) Application.--A person subject to section 3805 (relating
to ignition interlock) may apply to the department for an
ignition interlock driver's license, subject to the fee imposed
under section 1951 (relating to driver's license and learner's
permit). A person may apply for a license:
(1) through the online portal maintained by the
department under section 3805.3 (relating to online services
for ignition interlock driver's license);
(2) by certified mail; or
(3) at a driver's license center location selected by
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the department that serves a region of this Commonwealth.
(b) Conditions.--The ignition interlock driver's license
shall be clearly marked to indicate the person may only drive,
operate or be in actual physical control of the movement of
motor vehicles equipped with an ignition interlock device. Upon
issuance of an ignition interlock driver's license to any
person, the department shall notify the person that until the
person obtains a replacement driver's license that does not
contain an ignition interlock designation, the person may not
drive, operate or be in actual physical control of the movement
of any motor vehicle not equipped with an ignition interlock
device.
(c) Prohibition.--Except as provided in section 3805(e.1),
until the person obtains a replacement driver's license that
does not contain an ignition interlock designation, the person
may not drive or operate or be in actual physical control of the
movement of a motor vehicle within this Commonwealth unless the
motor vehicle is equipped with an ignition interlock device.
(d) Issuance of replacement driver's license.--After a
suspension imposed under section 1547 (relating to chemical
testing to determine amount of alcohol or controlled substance)
or 3804 (relating to penalties) has been served and the term of
ignition interlock requirement under section 3805 has been
completed, if otherwise eligible, a person may be issued a
driver's license under section 1951(d) to replace the person's
ignition interlock driver's license. The department may not
issue a replacement driver's license until the department
receives a declaration of compliance from the person's ignition
interlock device vendor certifying that the person has complied
with section 3805(h.2).
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(e) Offenses committed during a period for which an ignition
interlock driver's license has been issued.--Except as provided
in sections 1547(b.1) and 3808(c) (relating to illegally
operating a motor vehicle not equipped with ignition interlock
device), the department shall recall the ignition interlock
driver's license that has been issued to a driver for whom the
department receives a certified record of a conviction,
adjudication of delinquency, judgment of sentence, admission
into an Accelerated Rehabilitative Disposition program or a
preadjudication program, or consent decree for an offense for
which the penalty is a cancellation, disqualification, recall,
suspension or revocation of operating privileges, and the driver
shall surrender the ignition interlock driver's license to the
department or its agents designated under the authority of
section 1540 (relating to surrender of license). Following the
completion of the cancellation, disqualification, recall,
suspension or revocation which resulted in the recall of the
ignition interlock driver's license, the person shall complete
the balance of the term of ignition interlock previously imposed
prior to the issuance of a replacement license under section
1951(d) that does not contain an ignition interlock designation.
§ 3805.2. Ignition interlock driver's license issued during
suspension period.
(a) Issuance.--
(1) The department shall issue an ignition interlock
driver's license under this section to a person whose
operating privilege has been suspended for:
(i) a violation under section 3802(a), (b), (c) or
(d) (relating to driving under influence of alcohol or
controlled substance) or under former section 3731
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(relating to driving under influence of alcohol or
controlled substance) or a violation substantially
similar to a violation under this paragraph in another
jurisdiction; or
(ii) a refusal to submit to chemical testing under
section 1547 (relating to chemical testing to determine
amount of alcohol or controlled substance).
(2) The department shall issue an ignition interlock
driver's license under this section only upon receiving proof
that any motor vehicle to be operated by the person has been
equipped with an approved ignition interlock device as a
condition of issuing an ignition interlock driver's license
under this section. Any vehicle operated by the person,
during any period in which the person holds a valid ignition
interlock driver's license, must be equipped with an ignition
interlock device. If the date of installation is prior to the
suspension effective date, credit shall begin on the
effective date of the suspension.
(3) An ignition interlock driver's license issued under
this section permits a person to operate motor vehicles
equipped with a functioning ignition interlock device.
(4) Any period in which a person holds a valid ignition
interlock driver's license under this section shall be
counted toward satisfaction of any mandatory term of ignition
interlock use imposed under section 3805(e.1) (relating to
ignition interlock) arising from the same incident.
(b) Application.--
(1) A person seeking an ignition interlock driver's
license under this section must file an application with the
department through one of the processes listed in section
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3805.1(a) (relating to ignition interlock driver's license),
using a form prescribed by the department. Consistent with
the provisions of this section, if the applicant is
qualified, the department shall issue an ignition interlock
driver's license within 14 days of receipt of the application
and all other requirements for issuance.
(2) The application must also include proof of financial
responsibility covering each vehicle the applicant requests
to be permitted to operate. As part of the petition, the
applicant shall be responsible for self-certifying, on a form
provided by the department, the vehicles the applicant owns,
registers and intends to operate. Upon the approval of the
petition, the ignition interlock device shall be installed in
any motor vehicle to be operated by the applicant, and proof
of the installation shall be provided by the ignition
interlock device vendor.
(3) The applicant shall surrender the applicant's
driver's license in accordance with section 1540 (relating to
surrender of license). If the applicant's driver's license
has been lost or stolen, the applicant shall submit an
application for a replacement license, along with the proper
fee. If the applicant is a nonresident licensed driver, the
applicant shall submit an acknowledgment of suspension in
lieu of a driver's license. If the applicant's license has
expired, the applicant shall submit an application for
renewal, along with the appropriate fee. All fines and costs
must be paid at the time of application unless the applicant
is currently on a payment plan. Restoration fees required
under section 1960 (relating to reinstatement of operating
privilege or vehicle registration) must be paid at the time
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of application. Restoration fees required under section
1547(b.2) must be paid as follows:
(i) One-half of the amount must be paid at the time
of application.
(ii) The remaining amount must be paid at the time
of application for a replacement driver's license.
(c) Unauthorized issuance.--The department may not issue an
ignition interlock driver's license to:
(1) A person who is not licensed to drive by the
Commonwealth.
(2) A person who is required by this title to take an
examination and who has failed to take and pass the
examination.
(3) A person whose operating privilege has been revoked,
recalled or canceled.
(4) A person who has an unsatisfied judgment against the
person as the result of a motor vehicle operation, until the
judgment has been satisfied under section 1774 (relating to
payments sufficient to satisfy judgments) or an installment
agreement has been entered into to satisfy the judgment, as
permitted under section 1772(b) (relating to suspension for
nonpayment of judgments) or 1775 (relating to installment
payment of judgments), and the financial responsibility of
the person has been established.
(5) A person applying for an ignition interlock driver's
license under this section to operate a commercial motor
vehicle.
(6) A person to whom the department is disqualified from
issuing the ignition interlock driver's license under the
Commercial Motor Vehicle Safety Act of 1986 (Title XII of
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Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the Motor
Carrier Safety Improvement Act of 1999 (Public Law 106-159,
113 Stat. 1748).
(7) A person whose operating privilege has been
suspended under section 1532(a.1) (relating to suspension of
operating privilege) for conviction or adjudication of
delinquency based on a violation of section 3732 (relating to
homicide by vehicle) or 3735 (relating to homicide by vehicle
while driving under influence).
(d) Eligibility.--
(1) A person whose operating privilege has been
suspended for a conviction, adjudication of delinquency,
admission into an Accelerated Rehabilitative Disposition
program or a preadjudication program, or consent decree for
an offense under section 3802 or under former section 3731 or
an offense substantially similar to an offense under section
3802 or former section 3731 in another jurisdiction or for
refusing chemical testing under section 1547, shall be
eligible to apply for an ignition interlock driver's license
under this section upon receipt of notice of the suspension.
(2) A person participating in a treatment court
recognized by the Administrative Office of Pennsylvania
Courts and following adult treatment court best practice
standards developed by a national training, membership and
advocacy treatment court organization is eligible for an
ignition interlock driver's license under this section while
participating in the treatment court. The court shall provide
notice to the department of the person's participation in the
treatment court and inform the department of any change to
the person's participation in a manner specified by the
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department. Upon a person's successful completion of the
treatment court program, if ordered by the court, the
department shall reinstate the operating privilege of the
person for any noncommercial operating privilege suspension.
The department may not impose a restoration fee for
reinstatement of the operating privilege under this section.
The department is not required to reinstate the operating
privilege of a person under this section if the department is
authorized to suspend the operating privilege of a person for
other violations of this title. In order to implement the
notification requirements of this paragraph, the department
and the court shall cooperate in the exchange of pertinent
information about a person's participation.
(e) Duration.--A person may hold a valid ignition interlock
driver's license under this section for the duration of the
mandatory term of ignition interlock usage imposed under section
3805(e.1) arising from the same incident.
(f) Restrictions.--
(1) Pursuant to subsection (a)(2), a person who has been
issued an ignition interlock driver's license shall operate
only motor vehicles equipped with a functioning ignition
interlock device.
(2) The operating privilege of a person who has been
issued an ignition interlock driver's license under this
section remains under suspension, except when operating a
motor vehicle in accordance with the conditions of issuance
and restrictions of the ignition interlock driver's license.
(g) Offenses or violations committed during a period for
which an ignition interlock driver's license has been issued
while under suspension.--If the department receives a report of
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conviction, adjudication of delinquency, judgment of sentence,
admission into an Accelerated Rehabilitative Disposition program
or a preadjudication program, or consent decree of an offense
for which the penalty is a cancellation, disqualification,
recall, suspension or revocation of operating privileges for a
person who has been issued an ignition interlock driver's
license under this section, the ignition interlock driver's
license shall be recalled, and the person shall surrender the
ignition interlock driver's license to the department or its
agents designated under the authority of section 1540.
(h) Offenses committed as part of one incident.--When a
person receives an operating privilege suspension for violating
section 3802(a), (b), (c) or (d) and pursuant to section 1547 as
a result of the same incident and the person was issued an
ignition interlock driver's license under this section, the
person may retain the ignition interlock driver's license for
both suspensions. The person shall have only one one-year term
of ignition interlock requirement under section 3805(e.1) and
shall be permitted to hold an ignition interlock driver's
license during the term of that requirement.
(i) Employment exemption.--If a person with an ignition
interlock driver's license issued under this section is required
in the course and scope of employment to drive, operate or be in
actual physical control of the movement of a motor vehicle owned
by the person's employer, the following apply:
(1) Except as provided in paragraph (2), the person may
drive, operate or be in actual physical control of the
movement of that motor vehicle in the course and scope of
employment without installation of an ignition interlock
device if the following conditions are satisfied:
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(i) The employer has been notified that the employee
has an ignition interlock requirement.
(ii) The employee has proof of the notification in
the employee's possession while driving, operating or
being in actual physical control of the movement of the
employer's motor vehicle. Proof of the notification may
be established only by the notarized signature of the
employer acknowledging notification on a form which shall
be provided by the department for this purpose and shall
include a contact telephone number of the employer.
(2) Paragraph (1) does not apply in any of the following
circumstances:
(i) To the extent that an employer-owned motor
vehicle is made available to the employee for personal
use.
(ii) If the employer-owned motor vehicle is owned by
an entity which is wholly or partially owned or
controlled by the person subject to this section.
(iii) If the employer-owned motor vehicle is a
school bus, a school vehicle or a vehicle designed to
transport more than 15 passengers, including the driver.
(j) Appeal from denial or recall of ignition interlock
driver's license.--
(1) A person who is denied an ignition interlock
driver's license or whose ignition interlock driver's license
is recalled under subsection (g) may file with the department
a petition for a hearing. The hearing shall be conducted in
accordance with 2 Pa.C.S. (relating to administrative law and
procedure).
(2) The department may charge a reasonable fee based on
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the cost to the department for conducting the hearing.
(3) The appeal shall not operate as an automatic
supersedeas. If an administrative hearing officer orders a
supersedeas in any appeal, the person shall earn no credit
toward serving the suspension for which the person was
granted an ignition interlock driver's license.
(4) An appeal from a decision of an administrative
hearing officer may be taken in the manner provided in 42
Pa.C.S. § 763(a) (relating to direct appeals from government
agencies).
(5) Appeals under this subsection are exempt from the
provisions of section 1550(b) (relating to judicial review)
and from the provisions of 42 Pa.C.S. § 933 (relating to
appeals from government agencies).
§ 3805.3. Online services for ignition interlock driver's
license.
§ 3805.1. IGNITION INTERLOCK DRIVER'S LICENSE.
(A) ELIGIBILITY.--THE FOLLOWING ARE ELIGIBLE FOR AN IGNITION
INTERLOCK DRIVER'S LICENSE UNDER THIS SECTION:
(1) A PERSON SUBJECT TO SECTION 3805 (RELATING TO
IGNITION INTERLOCK).
(2) A PERSON WHOSE OPERATING PRIVILEGE HAS BEEN
SUSPENDED FOR A CONVICTION, ADJUDICATION OF DELINQUENCY,
ADMISSION INTO AN ACCELERATED REHABILITATIVE DISPOSITION
PROGRAM OR A PREADJUDICATION PROGRAM, OR CONSENT DECREE FOR
AN OFFENSE UNDER SECTION 3802 (RELATING TO DRIVING UNDER
INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE) OR UNDER FORMER
SECTION 3731 (RELATING TO DRIVING UNDER INFLUENCE OF ALCOHOL
OR CONTROLLED SUBSTANCE), OR AN OFFENSE SUBSTANTIALLY SIMILAR
TO AN OFFENSE UNDER SECTION 3802 OR FORMER SECTION 3731 IN
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ANOTHER JURISDICTION OR FOR REFUSING CHEMICAL TESTING UNDER
SECTION 1547 (RELATING TO CHEMICAL TESTING TO DETERMINE
AMOUNT OF ALCOHOL OR CONTROLLED SUBSTANCE) , SHALL BE ELIGIBLE
TO APPLY FOR AN IGNITION INTERLOCK DRIVER'S LICENSE UPON
RECEIPT OF NOTICE OF THE SUSPENSION FOR AN OFFENSE UNDER THIS
PARAGRAPH FROM THE DEPARTMENT. A PERSON WHO ACCUMULATES OTHER
SUSPENSIONS AFTER RECEIPT OF THE NOTICE OF SUSPENSION AND
BEFORE THE IGNITION INTERLOCK DRIVER'S LICENSE IS ISSUED
SHALL NOT BE ELIGIBLE.
(3) A PERSON PARTICIPATING IN A TREATMENT COURT
CERTIFIED BY THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS
FOR ITS ADHERENCE TO ADULT TREATMENT COURT BEST PRACTICE
STANDARDS. THE FOLLOWING SHALL APPLY:
(I) THE COURT SHALL PROVIDE NOTICE TO THE DEPARTMENT
OF THE PERSON'S PARTICIPATION IN THE TREATMENT COURT AND
INFORM THE DEPARTMENT OF ANY CHANGE TO THE PERSON'S
PARTICIPATION IN A MANNER SPECIFIED BY THE DEPARTMENT.
(II) UPON A PERSON'S SUCCESSFUL COMPLETION OF THE
TREATMENT COURT PROGRAM, IF ORDERED BY THE COURT, THE
DEPARTMENT SHALL REINSTATE THE OPERATING PRIVILEGE OF THE
PERSON FOR ANY NONCOMMERCIAL OPERATING PRIVILEGE
SUSPENSION.
(III) THE DEPARTMENT MAY NOT IMPOSE A RESTORATION
FEE FOR REINSTATEMENT OF THE OPERATING PRIVILEGE UNDER
THIS SECTION.
(IV) THE DEPARTMENT IS NOT REQUIRED TO REINSTATE THE
OPERATING PRIVILEGE OF THE PERSON UNDER THIS SECTION IF
THE DEPARTMENT IS AUTHORIZED TO SUSPEND THE OPERATING
PRIVILEGE OF THE PERSON FOR OTHER VIOLATIONS OF THIS
TITLE.
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(V) IN ORDER TO IMPLEMENT THE NOTIFICATION
REQUIREMENTS OF THIS PARAGRAPH, THE DEPARTMENT AND THE
COURT SHALL COOPERATE IN THE EXCHANGE OF PERTINENT
INFORMATION ABOUT A PERSON'S PARTICIPATION.
(B) APPLICATION AND ISSUANCE.--
(1) AN ELIGIBLE PERSON UNDER SUBSECTION (A) MAY APPLY TO
THE DEPARTMENT FOR AN IGNITION INTERLOCK DRIVER'S LICENSE NO
SOONER THAN 30 DAYS FROM THE DATE OF CONVICTION, ADJUDICATION
OF DELINQUENCY, ADMISSION INTO AN ACCELERATED REHABILITATIVE
DISPOSITION PROGRAM OR A PREADJUDICATION PROGRAM OR CONSENT
DECREE OR REPORT OF REFUSAL.
(2) AN ELIGIBLE PERSON SHALL PROVIDE THE FOLLOWING TO
THE DEPARTMENT AS PART OF THE APPLICATION, ON A FORM AND
MANNER AS DETERMINED BY THE DEPARTMENT:
(I) THE FEE IMPOSED UNDER SECTION 1951 (RELATING TO
DRIVER'S LICENSE AND LEARNER'S PERMIT).
(II) THE RESTORATION FEE REQUIRED UNDER SECTION 1960
(RELATING TO REINSTATEMENT OF OPERATING PRIVILEGE OR
VEHICLE REGISTRATION).
(III) THE RESTORATION FEE REQUIRED UNDER SECTION
1547(B.2) AS FOLLOWS:
(A) ONE-HALF OF THE AMOUNT MUST BE PAID AT THE
TIME OF APPLICATION.
(B) THE REMAINING AMOUNT MUST BE PAID AT THE
TIME OF APPLICATION FOR A REPLACEMENT DRIVER'S
LICENSE.
(IV) PROOF THAT ANY MOTOR VEHICLE TO BE OPERATED BY
THE PERSON HAS BEEN EQUIPPED WITH AN APPROVED IGNITION
INTERLOCK DEVICE AS A CONDITION OF ISSUING AN IGNITION
INTERLOCK DRIVER'S LICENSE UNDER THIS SECTION. THE
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DEPARTMENT OR VENDOR MAY NOT REQUIRE AN IGNITION
INTERLOCK ON EVERY MOTOR VEHICLE OWNED, REGISTERED OR
INSURED BY THE APPLICANT, UNLESS THE APPLICANT INTENDS TO
OPERATE THE MOTOR VEHICLE.
(V) PROOF OF FINANCIAL RESPONSIBILITY COVERING EACH
MOTOR VEHICLE TO BE OPERATED BY THE APPLICANT.
(VI) SELF-CERTIFICATION OF THE MOTOR VEHICLES TO BE
OPERATED BY THE APPLICANT.
(VII) THE SURRENDER OF THE APPLICANT'S DRIVER'S
LICENSE IN ACCORDANCE WITH SECTION 1540 (RELATING TO
SURRENDER OF LICENSE). IF THE APPLICANT'S DRIVER'S
LICENSE HAS BEEN LOST OR STOLEN, THE APPLICANT SHALL
SUBMIT AN APPLICATION FOR A REPLACEMENT DRIVER'S LICENSE,
ALONG WITH THE PROPER FEE. IF THE APPLICANT IS A
NONRESIDENT LICENSED DRIVER, CONSISTENT WITH SECTION 1506
(RELATING TO APPLICATION FOR DRIVER'S LICENSE OR
LEARNER'S PERMIT), THE APPLICANT SHALL SUBMIT AN
ACKNOWLEDGMENT OF SUSPENSION IN LIEU OF A DRIVER'S
LICENSE. IF THE APPLICANT'S LICENSE HAS EXPIRED, THE
APPLICANT SHALL SUBMIT AN APPLICATION FOR RENEWAL, ALONG
WITH THE APPROPRIATE FEE.
(3) A PERSON MAY APPLY FOR AN IGNITION INTERLOCK
DRIVER'S LICENSE:
(I) THROUGH THE ONLINE PORTAL MAINTAINED BY THE
DEPARTMENT UNDER SECTION 3805.2 (RELATING TO ONLINE
SERVICES FOR IGNITION INTERLOCK DRIVER'S LICENSE) THAT
PRODUCES A CAMERA CARD IF ALL REQUIREMENTS HAVE BEEN
SATISFIED;
(II) BY CERTIFIED MAIL THAT PRODUCES A CAMERA CARD
TO BE MAILED TO THE PERSON; OR
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(III) AT A DRIVER'S LICENSE CENTER LOCATION SELECTED
BY THE DEPARTMENT THAT SERVES A REGION OF THIS
COMMONWEALTH FOR AN ADDITIONAL FEE OF $11, WHICH SHALL BE
AUTOMATICALLY ADJUSTED CONSISTENT WITH SECTION 1904
(RELATING TO COLLECTION AND DISPOSITION OF FEES AND
MONEYS). AT A MINIMUM, THE DEPARTMENT SHALL PROVIDE THE
SERVICE AT ONE DRIVER'S LICENSE CENTER IN A COUNTY OF THE
THIRD CLASS THROUGH A COUNTY OF THE EIGHTH CLASS, IF
AVAILABLE.
(4) IF THE PERSON APPLIES UNDER PARAGRAPH (3)(I) OR (II)
AND MEETS ALL OTHER REQUIREMENTS FOR ISSUANCE OF AN IGNITION
INTERLOCK DRIVER'S LICENSE, THE DEPARTMENT SHALL ISSUE A
CAMERA CARD WITHIN 14 DAYS OF RECEIPT OF THE APPLICATION. THE
DEPARTMENT MAY ISSUE AN IGNITION INTERLOCK DRIVER'S LICENSE
USING A PHOTO ON FILE IF THE PERSON HAS AN UNEXPIRED DRIVER'S
LICENSE.
(5) THE DEPARTMENT SHALL ISSUE AN IGNITION INTERLOCK
DRIVER'S LICENSE UNDER THIS SECTION UPON APPROVAL OF THE
APPLICATION UNDER THIS SUBSECTION IF THE APPLICANT IS
QUALIFIED.
(6) THE DEPARTMENT MAY ISSUE A RESTORATION REQUIREMENTS
LETTER WITH AN ELIGIBILITY DATE FOR AN IGNITION INTERLOCK
DRIVER'S LICENSE UNDER THIS SECTION ONLY WHEN THE DEPARTMENT
DETERMINES THE PERSON IS ELIGIBLE TO SERVE THE ONE-YEAR OR
18-MONTH IGNITION INTERLOCK REQUIREMENT, AS APPLICABLE, AT
THE SAME TIME OF SATISFYING A SUSPENSION OF THE PERSON'S
OPERATING PRIVILEGE FOR A VIOLATION OF SECTION 1547 OR 3802.
(7) THE DEPARTMENT SHALL ENTER A "T" RESTRICTION CODE IN
THE PERSON'S DRIVING RECORD TO INDICATE THE PERSON'S
PERMISSION TO OPERATE A MOTOR VEHICLE WITH AN IGNITION
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INTERLOCK IF THE PERSON HOLDS AN IGNITION INTERLOCK DRIVER'S
LICENSE UNDER THIS SECTION. THE "T" RESTRICTION CODE FOR THE
PERSON'S DRIVING RECORD SHALL BE CONSISTENT WITH THE IGNITION
INTERLOCK PROGRAM BEST PRACTICES GUIDE EDITION 3, PUBLISHED
BY THE AMERICAN ASSOCIATION OF MOTOR VEHICLE ADMINISTRATORS
ON OCTOBER 2023, OR A SUBSEQUENT DATE AS MAY BE PROVIDED BY
THE DEPARTMENT THROUGH REGULATION. THE DEPARTMENT SHALL
PROVIDE NOTICE TO THE PENNSYLVANIA STATE POLICE OF THE "T"
RESTRICTION CODE ON THE PERSON'S DRIVING RECORD THAT SHALL BE
ENTERED INTO APPROPRIATE LAW ENFORCEMENT SYSTEMS BY THE STATE
POLICE WITH A UNIQUE COLOR CODE AS DETERMINED BY THE STATE
POLICE.
(8) (I) THE DEPARTMENT SHALL ISSUE A CERTIFICATE TO A
PERSON WHO HAS BEEN ISSUED AN IGNITION INTERLOCK DRIVER'S
LICENSE UNDER THIS SECTION AND WHOSE OPERATING PRIVILEGE
WOULD OTHERWISE BE SUSPENDED BUT FOR THE ISSUANCE OF THE
IGNITION INTERLOCK DRIVER'S LICENSE. THE CERTIFICATE
SHALL CERTIFY THE FOLLOWING:
(A) THAT THE PERSON HAS BEEN ISSUED A VALID
IGNITION INTERLOCK DRIVER'S LICENSE BY THE
DEPARTMENT.
(B) THAT THE PERSON IS ONLY AUTHORIZED TO DRIVE,
OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE
MOVEMENT OF A MOTOR VEHICLE EQUIPPED WITH A
FUNCTIONING IGNITION INTERLOCK DEVICE.
(C) THAT THE PERSON'S OPERATING PRIVILEGE IS
RESTRICTED IN ACCORDANCE WITH THIS SECTION.
(II) THE CERTIFICATE SHALL CONTAIN LANGUAGE
EXPLAINING THAT THE DOCUMENT IS INTENDED TO NOTIFY A
COURT IN THIS COMMONWEALTH AND JURISDICTION OUTSIDE OF
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THIS COMMONWEALTH THAT THE PERSON WITH A VALID IGNITION
INTERLOCK DRIVER'S LICENSE IS AUTHORIZED BY THE
COMMONWEALTH TO OPERATE A MOTOR VEHICLE EQUIPPED WITH A
FUNCTIONING IGNITION INTERLOCK DEVICE DURING THE PERIOD
OF SUSPENSION.
(III) IF A PERSON RECEIVES A CITATION FOR A
VIOLATION OF SECTION 1543 (RELATING TO DRIVING WHILE
OPERATING PRIVILEGE IS SUSPENDED OR REVOKED), A
MAGISTERIAL DISTRICT JUDGE, MAGISTRATE OR JUDGE SHALL
DISMISS THE CHARGE IF THE PERSON, PRIOR TO OR AT THE
PERSON'S HEARING, DISPLAYS EVIDENCE OF THE CERTIFICATE.
(IV) THE PROCEDURE UNDER SUBPARAGRAPH (III) SHALL BE
FOLLOWED BY THE PERSON UPON RECEIVING A CITATION FOR A
VIOLATION SUBSTANTIALLY SIMILAR TO A VIOLATION OF SECTION
1543 IN A JURISDICTION OUTSIDE OF THIS COMMONWEALTH.
(V) THE DEPARTMENT SHALL ISSUE A CERTIFICATE UNDER
THIS PARAGRAPH AS FOLLOWS:
(A) FOR NEW APPLICANTS, WITHIN 30 DAYS OF THE
EFFECTIVE DATE OF THIS SUBPARAGRAPH.
(B) FOR A PERSON WITH AN EXISTING IGNITION
INTERLOCK LIMITED LICENSE OR IGNITION INTERLOCK
LICENSE, WITHIN 90 DAYS OF THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH.
(C) INSTALLATION OF IGNITION INTERLOCK DEVICE.--
(1) PRIOR TO AN APPLICATION UNDER SUBSECTION (B), THE
IGNITION INTERLOCK DEVICE SHALL BE INSTALLED IN ANY MOTOR
VEHICLE TO BE OPERATED BY THE APPLICANT AND PROOF OF THE
INSTALLATION SHALL BE PROVIDED BY THE IGNITION INTERLOCK
DEVICE VENDOR TO THE PERSON AND THE DEPARTMENT.
(2) A PERSON MUST PRODUCE A DEPARTMENT-ISSUED
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RESTORATION REQUIREMENTS LETTER THAT LISTS AN ELIGIBILITY
DATE TO OPERATE A MOTOR VEHICLE WITH IGNITION INTERLOCK PRIOR
TO THE INSTALLATION AND CHARGE OF AN IGNITION INTERLOCK
DEVICE.
(3) IF APPLICABLE, A PERSON WHOSE OPERATING PRIVILEGE
HAS BEEN SUSPENDED AND THE PERSON REQUIRES PROOF OF
INSTALLATION OF THE IGNITION INTERLOCK DEVICE TO PETITION THE
DEPARTMENT FOR AN IGNITION INTERLOCK DRIVER'S LICENSE MAY
ONLY OPERATE ONE MOTOR VEHICLE DIRECTLY TO THE PLACE OF
INSTALLATION FROM THE PERSON'S RESIDENCE AND DIRECTLY FROM
THE PLACE OF INSTALLATION TO THE PERSON'S RESIDENCE. UPON
REQUEST BY A POLICE OFFICER, THE PERSON SHALL FURNISH PROOF
OF APPOINTMENT OR INSTALLATION OF THE IGNITION INTERLOCK
DEVICE, AS APPLICABLE, FROM THE VENDOR. THE PERSON MAY BE
SUBJECT TO ADDITIONAL PENALTIES UNDER THIS TITLE IF THE
PERSON VIOLATES THIS PARAGRAPH. THE DEPARTMENT, IN
CONSULTATION WITH THE PENNSYLVANIA STATE POLICE, SHALL
DEVELOP A TEMPLATE FOR THE PROOF OF APPOINTMENT AND PROOF OF
INSTALLATION OF THE IGNITION INTERLOCK DEVICE FOR USE BY A
VENDOR.
(4) EXCEPT AS PROVIDED UNDER PARAGRAPH (5), A VENDOR MAY
NOT CHARGE OR COLLECT PAYMENT FROM A PERSON FOR COSTS
ASSOCIATED WITH THE INSTALLATION OF AN IGNITION INTERLOCK
DEVICE IN THE PERSON'S MOTOR VEHICLE UNLESS BOTH OF THE
FOLLOWING ARE MET:
(I) THE PERSON PROVIDES THE VENDOR WITH A VALID
RESTORATION REQUIREMENTS LETTER WITH AN ELIGIBILITY DATE
FROM THE DEPARTMENT.
(II) THE INSTALLATION DATE IS NOT IN EXCESS OF 30
BUSINESS DAYS BEFORE THE ELIGIBILITY DATE CONTAINED IN
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THE RESTORATION REQUIREMENTS LETTER SUPPLIED TO THE
VENDOR UNDER SUBPARAGRAPH (I).
(5) NOTWITHSTANDING PARAGRAPH (4), A VENDOR MAY INSTALL
AN IGNITION INTERLOCK DEVICE IN A PERSON'S MOTOR VEHICLE IF
THE PERSON DOES NOT POSSESS A VALID RESTORATION REQUIREMENTS
LETTER FROM THE DEPARTMENT IF ALL OF THE FOLLOWING ARE MET:
(I) THE VENDOR VERIFIES WITH THE DEPARTMENT THAT THE
PERSON'S DRIVING RECORD SHOWS NO REQUIREMENT FOR AN
IGNITION INTERLOCK DRIVER'S LICENSE PRIOR TO OR ON THE
DATE OF THE INSTALLATION.
(II) THE PERSON POSSESSES A VALID DRIVER'S LICENSE.
(III) THE PERSON VOLUNTARILY SIGNS AN ATTESTATION
PRIOR TO OR ON THE DATE OF INSTALLATION ATTESTING THAT
THE VENDOR RECEIVED NO EVIDENCE OF AN IGNITION INTERLOCK
DRIVER'S LICENSE REQUIREMENT ACCORDING TO THE DEPARTMENT
AS REQUIRED BY SUBPARAGRAPH (I) AND THE PERSON IS
VOLUNTARILY REQUESTING THE INSTALLATION OF THE IGNITION
INTERLOCK DEVICE. THE ATTESTATION REQUIRED UNDER THIS
SUBPARAGRAPH SHALL BE IN WRITING, RETAINED BY THE VENDOR
FOR NOT LESS THAN 12 MONTHS, AND A COPY OF THE
ATTESTATION SHALL BE PROVIDED TO THE PERSON.
(6) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), A
VENDOR SHALL:
(A) REFUND ANY COSTS PAID TO THE VENDOR AND
CANCEL ANY UNPAID COSTS OWED TO THE VENDOR BY A
PERSON RELATED TO THE INSTALLATION OF AN IGNITION
INTERLOCK DEVICE THAT WAS INSTALLED BY THE VENDOR IN
VIOLATION OF PARAGRAPH (4).
(B) REFUND ANY COSTS PAID TO THE VENDOR AND
CANCEL ANY UNPAID COSTS OWED TO THE VENDOR BY A
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PERSON RELATED TO THE REMOVAL OF AN IGNITION
INTERLOCK DEVICE THAT WAS INSTALLED BY THE VENDOR IN
VIOLATION OF PARAGRAPH (4).
(C) REFUND AND CANCEL COSTS AS REQUIRED UNDER
CLAUSES (A) AND (B) TO THE PERSON WITHIN 30 BUSINESS
DAYS OF THE INSTALLATION DATE OR REMOVAL DATE OF THE
IGNITION INTERLOCK DEVICE.
(II) A VENDOR SHALL NOT BE REQUIRED TO REFUND OR
CANCEL COSTS TO A PERSON UNDER SUBPARAGRAPH (I) IF EITHER
OF THE FOLLOWING OCCURS:
(A) THE VENDOR COMPLIED WITH THE REQUIREMENTS OF
PARAGRAPH (4) AND, AFTER THE INSTALLATION DATE OF THE
IGNITION INTERLOCK DEVICE, THE PERSON'S ELIGIBILITY
DATE WAS CHANGED BY THE DEPARTMENT.
(B) THE VENDOR COMPLIED WITH THE REQUIREMENTS OF
PARAGRAPH (5) AND, AFTER THE INSTALLATION DATE OF THE
IGNITION INTERLOCK DEVICE, THE DEPARTMENT'S RECORDS
ARE UPDATED TO INDICATE THAT THE PERSON HAS A
REQUIREMENT FOR AN IGNITION INTERLOCK DRIVER'S
LICENSE.
(III) A VENDOR THAT VIOLATES PARAGRAPH (4) OR (5)
AND FAILS TO REFUND OR CANCEL COSTS TO A PERSON AS
REQUIRED BY THIS PARAGRAPH SHALL CONSTITUTE A VIOLATION
OF THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN
AS THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION
LAW. THE OFFICE OF ATTORNEY GENERAL OR THE APPROPRIATE
DISTRICT ATTORNEY SHALL HAVE ALL POWERS AND DUTIES UNDER
THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW
NECESSARY TO ENFORCE THIS SUBPARAGRAPH.
(III) A PERSON MAY FILE A WRITTEN COMPLAINT TO THE
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DEPARTMENT ON A FORM AS DETERMINED BY THE DEPARTMENT TO
REPORT A VENDOR IN VIOLATION OF PARAGRAPH (4) OR (5) AND
THAT FAILS TO REFUND OR CANCEL COSTS TO THE PERSON. A
PERSON WHO VOLUNTARILY SIGNS AN ATTESTATION UNDER
PARAGRAPH (5) MAY NOT FILE A WRITTEN COMPLAINT. UPON
REVIEW OF THE VALIDITY OF THE WRITTEN COMPLAINT, THE
DEPARTMENT SHALL ISSUE A WARNING NOTICE TO THE VENDOR FOR
FAILURE TO REFUND OR CANCEL COSTS TO THE PERSON. THE
DEPARTMENT MAY IMPOSE AN ADMINISTRATIVE PENALTY OF UP TO
$5,000 FOR EACH VIOLATION ON A VENDOR FOR FAILURE TO
COMPLY WITHIN 45 BUSINESS DAYS OF THE DATE ON THE WARNING
NOTICE. THE DEPARTMENT MAY INITIATE THE PROCESS TO
DECERTIFY THE VENDOR'S IGNITION INTERLOCK DEVICE FOR
FAILURE TO COMPLY WITHIN 90 BUSINESS DAYS OF THE DATE ON
THE WARNING NOTICE.
(IV) THE DEPARTMENT'S WARNING NOTICE SHALL ADVISE
THE VENDOR THAT THE VENDOR MAY REQUEST AN INFORMAL
DEPARTMENTAL HEARING WITHIN 10 DAYS OF THE DATE OF THE
NOTICE IF THE VENDOR WISHES TO CONTEST THE VIOLATION. THE
VENDOR MAY APPEAL THE INFORMAL DEPARTMENTAL DETERMINATION
BY REQUESTING, WITHIN 10 DAYS OF THE DATE OF THE WARNING
NOTICE, A FORMAL HEARING AS PRESCRIBED BY DEPARTMENTAL
REGULATIONS. IF AN INFORMAL DEPARTMENTAL HEARING IS
REQUESTED WITHIN 10 DAYS, THE HEARING SHALL BE HELD
WITHIN 15 DAYS OF THE REQUEST. IF, AS A RESULT OF THE
HEARING, THE DEPARTMENT DETERMINES THAT A VIOLATION
OCCURRED, THE DEPARTMENT MAY IMPOSE A PENALTY UNDER
SUBPARAGRAPH (III).
(7) NOTWITHSTANDING PARAGRAPH (3), A PERSON WHO IS
REQUIRED TO INSTALL AN IGNITION INTERLOCK DEVICE UNDER THIS
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SECTION SHALL BE NOTIFIED BY THE VENDOR THAT THE PERSON IS
PROHIBITED FROM OPERATING THE MOTOR VEHICLE WITH AN IGNITION
INTERLOCK DEVICE UNLESS:
(I) THE PERSON HAS AN IGNITION INTERLOCK DRIVER'S
LICENSE; OR
(II) THE PERSON IS AUTHORIZED TO OPERATE A MOTOR
VEHICLE AS PROVIDED UNDER THIS SECTION.
(D) CONDITIONS.--
(1) THE IGNITION INTERLOCK DRIVER'S LICENSE SHALL BE
CLEARLY MARKED WITH AN IGNITION INTERLOCK DESIGNATION TO
INDICATE THE PERSON MAY ONLY DRIVE, OPERATE OR BE IN ACTUAL
PHYSICAL CONTROL OF THE MOVEMENT OF MOTOR VEHICLES EQUIPPED
WITH A FUNCTIONING IGNITION INTERLOCK DEVICE. UPON ISSUANCE
OF AN IGNITION INTERLOCK DRIVER'S LICENSE TO ANY PERSON UNDER
THIS SECTION, THE DEPARTMENT SHALL NOTIFY THE PERSON THAT
UNTIL THE PERSON OBTAINS A REPLACEMENT DRIVER'S LICENSE, THE
PERSON MAY NOT DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL
CONTROL OF THE MOVEMENT OF ANY MOTOR VEHICLE NOT EQUIPPED
WITH A FUNCTIONING IGNITION INTERLOCK DEVICE.
(2) A MOTOR VEHICLE OPERATED BY THE PERSON, DURING ANY
PERIOD IN WHICH THE PERSON HOLDS A VALID IGNITION INTERLOCK
DRIVER'S LICENSE, MUST BE EQUIPPED WITH A FUNCTIONING
IGNITION INTERLOCK DEVICE.
(3) AN IGNITION INTERLOCK DRIVER'S LICENSE ISSUED UNDER
THIS SECTION SHALL PERMIT A PERSON TO OPERATE MOTOR VEHICLES
EQUIPPED WITH A FUNCTIONING IGNITION INTERLOCK DEVICE.
(E) DURATION AND CREDIT.--
(1) ANY PERIOD IN WHICH A PERSON HOLDS A VALID IGNITION
INTERLOCK DRIVER'S LICENSE UNDER THIS SECTION SHALL BE
COUNTED TOWARD SATISFACTION OF ANY MANDATORY ONE-YEAR OR 18-
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MONTH TERM OF IGNITION INTERLOCK USE, AS APPLICABLE.
(2) IF THE DATE OF INSTALLATION IS PRIOR TO THE
SUSPENSION EFFECTIVE DATE, NO CREDIT SHALL BEGIN ON THE
EFFECTIVE DATE OF THE SUSPENSION BE COUNTED TOWARDS THE ONE-
YEAR OR 18-MONTH IGNITION INTERLOCK REQUIREMENT, AS
APPLICABLE.
(3) A PERSON MAY HOLD A VALID IGNITION INTERLOCK
DRIVER'S LICENSE UNDER THIS SECTION FOR THE DURATION OF THE
MANDATORY TERM OF IGNITION INTERLOCK USAGE IMPOSED UNDER
SECTION 3805(E.1) ARISING FROM THE SAME INCIDENT.
(F) PROHIBITION.--
(1) PURSUANT TO SUBSECTION (B), A PERSON WHO HAS BEEN
ISSUED AN IGNITION INTERLOCK DRIVER'S LICENSE SHALL OPERATE
ONLY MOTOR VEHICLES EQUIPPED WITH A FUNCTIONING IGNITION
INTERLOCK DEVICE.
(2) THE OPERATING PRIVILEGE OF A PERSON WHO HAS BEEN
ISSUED AN IGNITION INTERLOCK DRIVER'S LICENSE UNDER THIS
SECTION REMAINS UNDER SUSPENSION AS DETERMINED BY THE
DEPARTMENT, EXCEPT WHEN OPERATING A MOTOR VEHICLE IN
ACCORDANCE WITH THE CONDITIONS OF ISSUANCE AND RESTRICTIONS
OF THE IGNITION INTERLOCK DRIVER'S LICENSE.
(3) EXCEPT AS PROVIDED IN SECTION 3805(E.1), UNTIL THE
PERSON OBTAINS A REPLACEMENT DRIVER'S LICENSE THAT DOES NOT
CONTAIN AN IGNITION INTERLOCK DESIGNATION, THE PERSON MAY NOT
DRIVE OR OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE
MOVEMENT OF A MOTOR VEHICLE WITHIN THIS COMMONWEALTH UNLESS
THE MOTOR VEHICLE IS EQUIPPED WITH AN IGNITION INTERLOCK
DEVICE.
(G) UNAUTHORIZED ISSUANCE.--THE DEPARTMENT MAY NOT ISSUE AN
IGNITION INTERLOCK DRIVER'S LICENSE TO:
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(1) A PERSON WHO IS NOT LICENSED TO DRIVE BY THE
COMMONWEALTH.
(2) A PERSON WHO IS REQUIRED BY THIS TITLE TO TAKE AN
EXAMINATION AND WHO HAS FAILED TO TAKE AND PASS THE
EXAMINATION.
(3) A PERSON WHOSE OPERATING PRIVILEGE HAS BEEN REVOKED,
RECALLED OR CANCELED.
(4) A PERSON WHO HAS AN UNSATISFIED JUDGMENT AGAINST THE
PERSON AS THE RESULT OF A MOTOR VEHICLE OPERATION, UNTIL THE
JUDGMENT HAS BEEN SATISFIED UNDER SECTION 1774 (RELATING TO
PAYMENTS SUFFICIENT TO SATISFY JUDGMENTS) OR AN INSTALLMENT
AGREEMENT HAS BEEN ENTERED INTO TO SATISFY THE JUDGMENT, AS
PERMITTED UNDER SECTION 1772(B) (RELATING TO SUSPENSION FOR
NONPAYMENT OF JUDGMENTS) OR 1775 (RELATING TO INSTALLMENT
PAYMENT OF JUDGMENTS), AND THE FINANCIAL RESPONSIBILITY OF
THE PERSON HAS BEEN ESTABLISHED.
(5) A PERSON APPLYING FOR AN IGNITION INTERLOCK DRIVER'S
LICENSE UNDER THIS SECTION TO OPERATE A COMMERCIAL MOTOR
VEHICLE.
(6) A PERSON TO WHOM THE DEPARTMENT IS DISQUALIFIED FROM
ISSUING THE IGNITION INTERLOCK DRIVER'S LICENSE UNDER THE
COMMERCIAL MOTOR VEHICLE SAFETY ACT OF 1986 (TITLE XII OF
PUBLIC LAW 99-570, 49 U.S.C. § 31302 ET SEQ.) OR THE MOTOR
CARRIER SAFETY IMPROVEMENT ACT OF 1999 (PUBLIC LAW 106-159,
113 STAT. 1748).
(7) A PERSON WHOSE OPERATING PRIVILEGE HAS BEEN
SUSPENDED UNDER SECTION 1532(A.1) (RELATING TO SUSPENSION OF
OPERATING PRIVILEGE) FOR CONVICTION OR ADJUDICATION OF
DELINQUENCY BASED ON A VIOLATION OF SECTION 3732 (RELATING TO
HOMICIDE BY VEHICLE) OR 3735 (RELATING TO HOMICIDE BY VEHICLE
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WHILE DRIVING UNDER INFLUENCE).
(H) ISSUANCE OF REPLACEMENT DRIVER'S LICENSE.--AFTER A
SUSPENSION IMPOSED UNDER SECTION 1547 OR 3804 (RELATING TO
PENALTIES) HAS BEEN SERVED AND THE TERM OF IGNITION INTERLOCK
REQUIREMENT UNDER SECTION 3805 HAS BEEN COMPLETED, IF OTHERWISE
ELIGIBLE, A PERSON MAY BE ISSUED A DRIVER'S LICENSE UNDER
SECTION 1951(D) TO REPLACE THE PERSON'S IGNITION INTERLOCK
DRIVER'S LICENSE. THE DEPARTMENT MAY NOT ISSUE A REPLACEMENT
DRIVER'S LICENSE UNTIL THE DEPARTMENT RECEIVES A DECLARATION OF
COMPLIANCE FROM THE PERSON'S IGNITION INTERLOCK DEVICE VENDOR
CERTIFYING THAT THE PERSON HAS COMPLIED WITH SECTION 3805(H.2).
(I) OFFENSES COMMITTED.--
(1) EXCEPT AS PROVIDED IN SECTIONS 1547(B.1) AND 3808(C)
(RELATING TO ILLEGALLY OPERATING A MOTOR VEHICLE NOT EQUIPPED
WITH IGNITION INTERLOCK DEVICE), THE DEPARTMENT SHALL RECALL
THE IGNITION INTERLOCK DRIVER'S LICENSE THAT HAS BEEN ISSUED
TO A DRIVER FOR WHOM THE DEPARTMENT RECEIVES A CERTIFIED
RECORD OF A CONVICTION, ADJUDICATION OF DELINQUENCY, JUDGMENT
OF SENTENCE, ADMISSION INTO AN ACCELERATED REHABILITATIVE
DISPOSITION PROGRAM OR A PREADJUDICATION PROGRAM, OR CONSENT
DECREE FOR AN OFFENSE FOR WHICH THE PENALTY IS A
CANCELLATION, DISQUALIFICATION, RECALL, SUSPENSION OR
REVOCATION OF OPERATING PRIVILEGE. THE DRIVER SHALL SURRENDER
THE IGNITION INTERLOCK DRIVER'S LICENSE TO THE DEPARTMENT OR
ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF SECTION 1540.
FOLLOWING THE COMPLETION OF THE CANCELLATION,
DISQUALIFICATION, RECALL, SUSPENSION OR REVOCATION WHICH
RESULTED IN THE RECALL OF THE IGNITION INTERLOCK DRIVER'S
LICENSE, THE PERSON SHALL COMPLETE THE BALANCE OF THE TERM OF
IGNITION INTERLOCK PREVIOUSLY IMPOSED PRIOR TO THE ISSUANCE
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OF A REPLACEMENT LICENSE UNDER SECTION 1951(D) THAT DOES NOT
CONTAIN AN IGNITION INTERLOCK DESIGNATION.
(2) IF THE DEPARTMENT RECEIVES A REPORT OF CONVICTION,
ADJUDICATION OF DELINQUENCY, JUDGMENT OF SENTENCE, ADMISSION
INTO AN ACCELERATED REHABILITATIVE DISPOSITION PROGRAM OR A
PREADJUDICATION PROGRAM, OR CONSENT DECREE OF AN OFFENSE FOR
WHICH THE PENALTY IS A CANCELLATION, DISQUALIFICATION,
RECALL, SUSPENSION OR REVOCATION OF OPERATING PRIVILEGE FOR A
PERSON WHO HAS BEEN ISSUED AN IGNITION INTERLOCK DRIVER'S
LICENSE WHILE UNDER SUSPENSION, THE IGNITION INTERLOCK
DRIVER'S LICENSE SHALL BE RECALLED, AND THE PERSON SHALL
SURRENDER THE IGNITION INTERLOCK DRIVER'S LICENSE TO THE
DEPARTMENT OR ITS AGENTS DESIGNATED UNDER THE AUTHORITY OF
SECTION 1540.
(J) OFFENSES COMMITTED AS PART OF ONE INCIDENT.--
NOTWITHSTANDING SECTION 3805(E.2), WHEN A PERSON RECEIVES AN
OPERATING PRIVILEGE SUSPENSION FOR VIOLATING SECTION 3802(A),
(B), (C) OR (D) AND UNDER SECTION 1547 AS A RESULT OF THE SAME
INCIDENT AND THE PERSON WAS ISSUED AN IGNITION INTERLOCK
DRIVER'S LICENSE UNDER THIS SECTION, THE PERSON MAY RETAIN THE
IGNITION INTERLOCK DRIVER'S LICENSE FOR BOTH SUSPENSIONS. THE
PERSON SHALL HAVE ONLY ONE ONE-YEAR TERM OR ONE 18-MONTH TERM,
AS APPLICABLE, OF IGNITION INTERLOCK REQUIREMENT UNDER SECTION
3805(E.1) AND SHALL BE PERMITTED TO HOLD AN IGNITION INTERLOCK
DRIVER'S LICENSE DURING THE TERM OF THAT REQUIREMENT.
(K) EMPLOYMENT EXEMPTION.--IF A PERSON WITH AN IGNITION
INTERLOCK DRIVER'S LICENSE ISSUED UNDER THIS SECTION IS REQUIRED
IN THE COURSE AND SCOPE OF EMPLOYMENT TO DRIVE, OPERATE OR BE IN
ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF A MOTOR VEHICLE OWNED
BY THE PERSON'S EMPLOYER, THE FOLLOWING APPLY:
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(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE PERSON MAY
DRIVE, OPERATE OR BE IN ACTUAL PHYSICAL CONTROL OF THE
MOVEMENT OF THAT MOTOR VEHICLE IN THE COURSE AND SCOPE OF
EMPLOYMENT WITHOUT INSTALLATION OF AN IGNITION INTERLOCK
DEVICE IF THE FOLLOWING CONDITIONS ARE SATISFIED:
(I) THE EMPLOYER HAS BEEN NOTIFIED THAT THE EMPLOYEE
HAS AN IGNITION INTERLOCK REQUIREMENT.
(II) THE EMPLOYEE HAS PROOF OF THE NOTIFICATION IN
THE EMPLOYEE'S POSSESSION WHILE DRIVING, OPERATING OR
BEING IN ACTUAL PHYSICAL CONTROL OF THE MOVEMENT OF THE
EMPLOYER'S MOTOR VEHICLE. PROOF OF THE NOTIFICATION MAY
BE ESTABLISHED ONLY BY THE NOTARIZED SIGNATURE OF THE
EMPLOYER ACKNOWLEDGING NOTIFICATION ON A FORM WHICH SHALL
BE PROVIDED BY THE DEPARTMENT FOR THIS PURPOSE AND SHALL
INCLUDE A CONTACT TELEPHONE NUMBER OF THE EMPLOYER.
(2) PARAGRAPH (1) SHALL NOT APPLY IN ANY OF THE
FOLLOWING CIRCUMSTANCES:
(I) TO THE EXTENT THAT AN EMPLOYER-OWNED MOTOR
VEHICLE IS MADE AVAILABLE TO THE EMPLOYEE FOR PERSONAL
USE.
(II) IF THE EMPLOYER-OWNED MOTOR VEHICLE IS OWNED BY
AN ENTITY WHICH IS WHOLLY OR PARTIALLY OWNED OR
CONTROLLED BY THE PERSON SUBJECT TO THIS SECTION.
(III) IF THE EMPLOYER-OWNED MOTOR VEHICLE IS A
SCHOOL BUS, A SCHOOL VEHICLE OR A MOTOR VEHICLE DESIGNED
TO TRANSPORT MORE THAN 15 PASSENGERS, INCLUDING THE
DRIVER.
(L) APPEAL FROM DENIAL OR RECALL.--
(1) A PERSON WHO IS DENIED AN IGNITION INTERLOCK
DRIVER'S LICENSE OR WHOSE IGNITION INTERLOCK DRIVER'S LICENSE
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IS RECALLED UNDER THIS SECTION MAY FILE WITH THE DEPARTMENT A
PETITION FOR A HEARING. THE HEARING SHALL BE CONDUCTED IN
ACCORDANCE WITH 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW AND
PROCEDURE).
(2) THE DEPARTMENT MAY CHARGE A REASONABLE FEE BASED ON
THE COST TO THE DEPARTMENT FOR CONDUCTING THE HEARING, EITHER
IN PERSON OR VIRTUALLY AS DETERMINED BY THE DEPARTMENT.
(3) THE APPEAL SHALL NOT OPERATE AS AN AUTOMATIC
SUPERSEDEAS. IF AN ADMINISTRATIVE HEARING OFFICER ORDERS A
SUPERSEDEAS IN ANY APPEAL, THE PERSON SHALL EARN NO CREDIT
TOWARD SERVING THE SUSPENSION FOR WHICH THE PERSON WAS
GRANTED AN IGNITION INTERLOCK DRIVER'S LICENSE.
(4) AN APPEAL FROM A DECISION OF AN ADMINISTRATIVE
HEARING OFFICER MAY BE TAKEN IN THE MANNER PROVIDED IN 42
PA.C.S. § 763(A) (RELATING TO DIRECT APPEALS FROM GOVERNMENT
AGENCIES).
(5) AN APPEAL UNDER THIS SUBSECTION IS EXEMPT FROM THE
PROVISIONS OF SECTION 1550(B) (RELATING TO JUDICIAL REVIEW)
AND 42 PA.C.S. § 933 (RELATING TO APPEALS FROM GOVERNMENT
AGENCIES).
§ 3805.2. ONLINE SERVICES FOR IGNITION INTERLOCK DRIVER'S
LICENSE.
(a) Establishment.--The department shall add services to its
existing and any subsequent online portal for an ignition
interlock driver's license as provided under section 3805.1
(relating to i gnition interlock driver's license ).
(b) Additional services.--In addition to the initial
application process, the department shall provide the following
services on its existing online portal for persons who hold an
ignition interlock driver's license:
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(1) Vehicle-to-vehicle transfers of an ignition
interlock device.
(2) Adding or removing a MOTOR vehicle from the
authorized list of interlock-restricted vehicles.
(3) Application for removal of the ignition interlock
device once program obligations are met.
(c) Timeline for service.--The department shall review and
respond to ignition interlock service requests submitted in the
portal by telephone OR EMAIL within five business days.
Section 8 9 10. Sections 3806(b)(1) introductory paragraph,
3808 heading, (a), (b) and (c), 3811(a), 3812 and 3816(b) of
Title 75 are amended to read:
§ 3806. Prior offenses.
* * *
(b) Timing.--
(1) For purposes of sections 1553(d.2) (relating to
occupational limited license), [1556 (relating to ignition
interlock limited license),] 3803 (relating to grading), 3804
(relating to penalties) [and], 3805 (relating to ignition
interlock) AND 3805.1 (RELATING TO IGNITION INTERLOCK
DRIVER'S LICENSE), the prior offense must have occurred:
* * *
§ 3808. Illegally operating a motor vehicle not equipped with
ignition interlock device.
(a) Offense defined.--
(1) An individual required to only drive, operate or be
in actual physical control of the movement of a motor vehicle
equipped with an ignition interlock [system] device under any
of the following who drives, operates or is in actual
physical control of the movement of a motor vehicle within
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this Commonwealth without [such a system] an ignition
interlock device commits a misdemeanor and shall, upon
conviction, be sentenced to pay a fine of not less than $300
and not more than $1,000 and to imprisonment for not more
than 90 days:
[(i) Section 1556 (relating to ignition interlock
limited license).]
(ii) Section 3805 (relating to ignition interlock).
(ii.1) Section 3805.1 (relating to ignition
interlock driver's license).
(ii.2) Section 3805.2 (relating to ignition
interlock driver's license issued during suspension
period).
(iii) A requirement by another jurisdiction to
operate only a vehicle with an ignition interlock
[system] device.
(2) An individual required to only drive, operate or be
in actual physical control of the movement of a motor vehicle
equipped with an ignition interlock [system] device under any
of the following who drives, operates or is in actual
physical control of the movement of a motor vehicle within
this Commonwealth without [such a system] an ignition
interlock device and who has an amount of alcohol by weight
in [his] the individual's blood that is equal to or greater
than 0.025% at the time of testing or who has in [his] the
individual's blood any amount of a Schedule I or
nonprescribed Schedule II or III controlled substance, as
defined in the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act,
or its metabolite commits a misdemeanor of the third degree
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and shall, upon conviction, be sentenced to pay a fine of
$1,000 and to undergo imprisonment for a period of not less
than 90 days:
[(i) Section 1556.]
(ii) Section 3805.
(ii.1) Section 3805.1.
(ii.2) Section 3805.2.
(iii) A requirement by another jurisdiction to
operate only a vehicle with an ignition interlock
[system] device.
(b) Tampering with an ignition interlock [system] device.--A
person that tampers with an ignition interlock [system] device
required by law commits a misdemeanor and shall, upon
conviction, be sentenced to pay a fine of not less than $300 nor
more than $1,000 and to undergo imprisonment for not more than
90 days. An offense under this subsection shall be deemed to
have been committed at either the location where tampering
occurred or the place where the vehicle containing the ignition
interlock [system] device required by law is registered. The
term "tampering," in addition to any physical act which is
intended to alter or interfere with the proper functioning of an
ignition interlock [system] device required by law, shall
include attempting to circumvent or bypass or circumventing or
bypassing an ignition interlock [system] device by:
(1) means of using another individual to provide a
breath sample; or
(2) providing a breath sample for the purpose of
bypassing an ignition interlock [system] device required by
law.
(c) Suspension of operating privilege.--Notwithstanding
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section 3805(c) and (i):
(1) If a person who is required to only drive, operate
or be in actual physical control of the movement of a motor
vehicle equipped with an ignition interlock [system] device
violates this section, upon receipt of a certified record of
the conviction, the department shall not issue a replacement
license to the person under section 1951(d) (relating to
driver's license and learner's permit) that does not contain
an ignition interlock [restriction] designation for a period
of one year from the date of conviction until the person has
complied with the requirements of section 3805.
(2) Upon receipt of a certified record of a second
conviction of a violation of this section committed by a
person who is required to only drive, operate or be in actual
physical control of the movement of a motor vehicle equipped
with an ignition interlock [system] device which occurred
during the same ignition interlock [restricted] driver's
license period, the department shall suspend the person's
operating [privileges] PRIVILEGE for a period of one year and
recall the ignition interlock [restricted] driver's license,
and the person shall surrender the ignition interlock
[restricted] driver's license to the department. Following
completion of the suspension period, the department shall
require that the person comply with the requirements of
section 3805 prior to being eligible to receive a replacement
license under section 1951(d) that does not contain an
ignition interlock [restriction] designation.
* * *
§ 3811. Certain arrests authorized.
(a) Warrant not required.--In addition to any other powers
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of arrest, a police officer is authorized to arrest an
individual without a warrant if the officer has probable cause
to believe that the individual has violated section 1543(b)(1.1)
(relating to driving while operating privilege is suspended or
revoked), 3802 (relating to driving under influence of alcohol
or controlled substance) or 3808(a)(2) (relating to illegally
operating a motor vehicle not equipped with ignition interlock
device), regardless of whether the alleged violation was
committed in the presence of the police officer.
* * *
§ 3812. Preliminary hearing or arraignment.
The presiding judicial officer at the preliminary hearing or
preliminary arraignment relating to a charge of a violation of
section 1543(b)(1.1) (relating to driving while operating
privilege is suspended or revoked), 3802 (relating to driving
under influence of alcohol or controlled substance) or 3808(a)
(2) (relating to illegally operating a motor vehicle not
equipped with ignition interlock device) shall not reduce or
modify the original charges without the consent of the attorney
for the Commonwealth.
§ 3816. Requirements for driving under influence offenders.
* * *
(b) Court-ordered intervention or treatment.--
(1) A record shall be submitted to the department as to
whether the court did or did not order a defendant to attend
drug and alcohol treatment pursuant to the requirements of
sections 3804 (relating to penalties), 3814 (relating to drug
and alcohol assessments) and 3815 (relating to mandatory
sentencing). If the court orders treatment, a report shall be
forwarded to the department as to whether the defendant
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successfully completed the program.
(2) The court shall forward the report to the department
within five days of the defendant successfully completing the
program. The department has sole discretion to credit time
toward the term of the ignition interlock requirement imposed
under section 3805 (relating to i gnition interlock ) when the
department receives a delayed report of completion for an
individual.
(3) If a defendant fails to successfully complete a
program of treatment as ordered by the court, the suspension
shall remain in effect until the department is notified by
the court that the defendant has successfully completed
treatment and the defendant is otherwise eligible for
restoration of his operating privilege. In order to implement
the recordkeeping requirements of this section, the
department and the court shall work together to exchange
pertinent information about a defendant's case, including
attendance and completion of treatment or failure to complete
treatment.
SECTION 10 11. BEGINNING 30 DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION UNTIL THE EFFECTIVE DATE OF THE ADDITION OF 75
PA.C.S. § 3805.1:
(1) THE DEPARTMENT OF TRANSPORTATION SHALL DETERMINE THE
ELIGIBILITY DATE OF AN ELIGIBLE PERSON FOR AN IGNITION
INTERLOCK LIMITED LICENSE UNDER 75 PA.C.S. § 1556 AT THE SAME
TIME THE DEPARTMENT OF TRANSPORTATION DETERMINES THE PERSON'S
ELIGIBILITY DATE FOR AN IGNITION INTERLOCK RESTRICTED LICENSE
UNDER 75 PA.C.S. § 3805.
(2) THE DEPARTMENT OF TRANSPORTATION SHALL CREATE A FORM
FOR A VENDOR TO CONTACT THE DEPARTMENT OF TRANSPORTATION BY
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ELECTRONIC MEANS TO VERIFY A PERSON'S ELIGIBILITY DATE FOR AN
IGNITION INTERLOCK LIMITED LICENSE AND IGNITION INTERLOCK
RESTRICTED LICENSE. A COPY OF THE FORM VERIFYING THE PERSON'S
ELIGIBILITY DATES SHALL BE PROVIDED BY THE VENDOR TO THE
PERSON AT NO CHARGE.
(3) THE VENDOR SHALL BE RESPONSIBLE FOR INSTALLING AN
IGNITION INTERLOCK DEVICE WITHIN A REASONABLE TIME PERIOD OF
THE PERSON'S ELIGIBILITY DATE FOR AN IGNITION INTERLOCK
LIMITED LICENSE OR AN IGNITION INTERLOCK RESTRICTED LICENSE,
AS APPLICABLE.
Section 9 11 12. This act shall take effect as follows:
(1) The addition of 75 Pa.C.S. § 3805.3 3805.2 shall
take effect in 60 38 months.
(2) This section shall take effect immediately.
(2) THE FOLLOWING SHALL TAKE EFFECT IMMEDIATELY:
THE AMENDMENT OF 75 PA.C.S. §§ 3803 AND 3804.
THE ADDITION OF 75 PA.C.S. § 3805.1(B)(8)(V).
SECTION 10 11 OF THIS ACT.
THIS SECTION.
(3) THE ADDITION OF 75 PA.C.S. § 3356 SHALL TAKE EFFECT
IN 21 MONTHS.
(3) (4) The remainder of this act shall take effect in
16 months.
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