Pennsylvania Statutes
75 PA. Cons. Stat.: Vehicles
Chapter 38: Driving after Imbibing Alcohol or Utilizing Drugs
§ 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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