75 Pa.C.S. § 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 as 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 a 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 restricted 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 who 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 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 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 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 or be counted toward 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).