(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).

(May 25, 2016, P.L.236, No.33, eff. 15 months; July 20, 2017, P.L.333, No.30)

2017 Amendment. Act 30 amended subsecs. (b)(3) and (f), effective immediately as to subsec. (b)(3) and 15 months as to subsec. (f).

2016 Amendment. Act 33 added section 1556.

Cross References. Section 1556 is referred to in sections 1547, 3805, 3806, 3808 of this title.