Shown verbatim: the complete text as captured from the official page posted by the Pennsylvania General Assembly, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the current version. The official bill page.
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. * * * (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 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 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 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 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 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 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 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 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: (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 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 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 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 (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. (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. (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 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 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 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 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 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 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. (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. 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 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.-- * * * (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 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 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 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 (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 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 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 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 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 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 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). (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 (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 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 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 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 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 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: (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 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 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. (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 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 (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 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 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 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 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 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 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 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- 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: (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 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 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: (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 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: (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 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 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 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 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 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 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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