§ 1556. Ignition interlock limited license
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 75 Pa.C.S.A. VehiclesEffective: October 20, 2018
Effective: October 20, 2018
75 Pa.C.S.A. § 1556
§ 1556. Ignition interlock limited license
(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
(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.
(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:
(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.
(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.
(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.
(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:
(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.
(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).
Credits
2016, May 25, P.L. 236, No. 33, § 3, effective in 15 months [Aug. 25, 2017]. Amended 2017, July 20, P.L. 333, No. 30, § 4.
75 Pa.C.S.A. § 1556, PA ST 75 Pa.C.S.A. § 1556
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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