75 Pa.C.S. § 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 the person's operating privilege suspended or has the person's operating privilege suspended pursuant to section 1547 (relating to chemical testing to determine amount of alcohol or controlled substance) and the person seeks a restoration of operating privilege, the department shall require as a condition of restoration that the following occur:

(1) Any motor vehicle to be operated by the person is equipped with an ignition interlock 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 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 ignition interlock driver's license).

(a.1) Exception.--Subsection (a) shall not apply to a person who meets any of the following:

(1) Is subject to the penalties under section 3804(a)(1) (relating to penalties) 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 privilege under section 3807(d) (relating to Accelerated Rehabilitative Disposition).

(2) Has not had a prior offense, as defined under section 3806, and certifies on a form provided by the department that the person does not 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.--(Deleted by amendment).

(c) Issuance of unrestricted license.--(Deleted by amendment).

(d) Prohibition.--(Deleted by amendment).

(e) Economic hardship exemption.--(Deleted by amendment).

(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 3805.1. 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 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 3805.1 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 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 device if:

(i) the employer has been notified that the employee 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 device required to be installed under this title must be a device which has been approved by the department. The department shall transmit notice of the department's approval to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin. 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 devices in effect as of the effective date of this section shall continue to be approved and in effect until the department again transmits notice of the department's approval of ignition interlock 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 devices.

(h.1) Mobile installation services.--

(1) Approved service providers of department-certified manufacturers of ignition interlock devices shall be permitted to provide mobile installation of ignition interlock devices within this Commonwealth.

(2) Mobile installation of ignition interlock 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 devices shall not permit the program participant or any unauthorized personnel to witness the installation of the ignition interlock device.

(4) Regular maintenance of ignition interlock devices after mobile installation shall be performed according to the specifications established by the department.

(h.2) Declaration of compliance.--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 by the department, certifying that the following incidents have not occurred in the 60 days prior to the date entered on the 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 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 device vendor when required for maintenance, repair, calibration, monitoring, inspection or replacement of the ignition interlock device such that the ignition interlock 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.--(Deleted by amendment).

(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 the applicable 60-day or 30-day period.