2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 38 - Driving after Imbibing Alcohol or Utilizing Drugs
3805 - Ignition interlock.

     § 3805.  Ignition interlock.
        (a)  General rule.--If a person violates section 3802
     (relating to driving under influence of alcohol or controlled
     substance) and, within the past ten years, has a prior offense
     as defined in section 3806(a) (relating to prior offenses) or
     has had their operating privileges suspended pursuant to section
     1547(b.1) (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, the department shall require as a condition of
     issuing a restricted license pursuant to this section that the
     following occur:
            (1)  Each motor vehicle owned by the person or registered
        to the person has been equipped with an ignition interlock
        system and remains so for the duration of the restricted
        license period.
            (2)  If there are no motor vehicles owned by the person
        or registered to the person that the person so certify to the
        department. A person so certifying shall be deemed to have
        satisfied the requirement that all motor vehicles owned by
        the person or registered to the person be equipped with an
        ignition interlock system as required by this subsection.
        (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 own,
     register, 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.
        (d)  Prohibition.--Except as set forth in subsections (e) and
     (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.
        (f)  Employment exemption.--If a person with a restricted
     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 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 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
     required to be installed under this title must be a system which
     has been approved by the department. The department's approval
     of ignition interlock systems shall be published in the
     Pennsylvania Bulletin. Systems approved for use under former 42
     Pa.C.S. § 7002(d) (relating to ignition interlock systems for
     driving under the influence) and any contracts for the
     installation, maintenance and inspection of the systems in
     effect as of the effective date of this section shall continue
     to be approved and in effect until the department again
     publishes approval of ignition interlock systems in the
     Pennsylvania Bulletin and enters into new contracts in support
     of the systems.
        (h.1)  Mobile installation services.--
            (1)  Approved service providers of department-certified
        manufacturers of ignition interlock systems shall be
        permitted to provide mobile installation of ignition
        interlock systems within this Commonwealth.
            (2)  Mobile installation of ignition interlock systems
        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 shall not permit the program
        participant or any unauthorized personnel to witness the
        installation of the ignition interlock system.
            (4)  Regular maintenance of ignition interlocks after
        mobile installation shall be performed according to the
        specifications established by the department.
        (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
     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 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.
     (Nov. 30, 2004, P.L.1667, No.211, eff. June 30, 2007; May 11,
     2006, P.L.159, No.37, eff. 60 days)

        2006 Amendment.  Act 37 added subsec. (h.1).
        2004 Amendment.  Act 211 amended subsec. (a).
        Special Provisions in Appendix.  See section 20(1) of Act 24
     of 2003 in the appendix to this title for special provisions
     relating to duties of department.
        Cross References.  Section 3805 is referred to in sections
     1547, 1553, 3808 of this title.

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