1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in licensing of drivers, further providing for
3occupational limited license<-, and providing for ignition 
4interlock limited license <-and further providing for 
5probationary license; <-and, in driving after imbibing alcohol 
6or utilizing drugs, defining "ignition interlock limited 
7license," further providing <-for penalties, for ignition 
8interlock<-, for Accelerated Rehabilitative Disposition and for 
9the offense of illegally operating a motor vehicle not 
10equipped with ignition interlock.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

<-13Section 1. Section 1553(a)(1), (d)(6), (7) and (8), (d.1),
14(d.2) and (d.3) of Title 75 of the Pennsylvania Consolidated
15Statutes are amended to read:

16§ 1553. Occupational limited license.

17(a) Issuance.--

18(1) The department shall issue an occupational limited
19license under the provisions of this section to a driver
20whose operating privileges have been suspended for a
21violation of this title, except for an offense under section
223802 (relating to driving under influence of alcohol or

1controlled substance) or under former section 3731 (relating
2to driving under influence of alcohol or controlled
3substance) or for a refusal to submit to chemical testing
4under section 1547 (relating to chemical testing to determine
5amount of alcohol or controlled substance), and is not
6prohibited under any other provision in this section. If the
7underlying reason for the suspension was caused by violations
8committed while the driver was operating a commercial motor
9vehicle, the driver shall not be issued an occupational
10limited license for the purpose of operating a commercial
11motor vehicle. The department shall prohibit the issuance of
12an occupational limited license when disqualified from doing
13so under the Commercial Motor Vehicle Safety Act of 1986
14(Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et
15seq.) or the Motor Carrier Safety Improvement Act of 1999
16(Public Law 106-159, 113 Stat. 1748).

17* * *

18(d) Unauthorized issuance.--The department shall prohibit
19issuance of an occupational limited license to:

20* * *

21[(6) Any person who has been adjudicated delinquent,
22granted a consent decree or granted Accelerated
23Rehabilitative Disposition for driving under the influence of
24alcohol or controlled substance unless the suspension or
25revocation imposed for that conviction has been fully served.

26(7) Any person whose operating privilege has been
27suspended for refusal to submit to chemical testing to
28determine the amount of alcohol or controlled substance
29unless that suspension has been fully served.

30(8) Except as set forth in subsections (d.1) and (d.2),

1any person who has been convicted of driving under the
2influence of alcohol or controlled substance and whose
3license has been suspended by the department unless the
4suspension imposed has been fully served.]

5* * *

6[(d.1) Adjudication eligibility.--An individual who has been
7convicted of an offense under section 3802 (relating to driving
8under influence of alcohol or controlled substance) and does not
9have a prior offense as defined in section 3806(a) (relating to
10prior offenses) shall be eligible for an occupational limited
11license only if the individual has served 60 days of the
12suspension imposed for the offense.

13(d.2) Suspension eligibility.--

14(1) An individual whose license has been suspended for a
15period of 18 months under section 1547(b)(1)(ii) (relating to
16chemical testing to determine amount of alcohol or controlled
17substance) or 3804(e)(2)(ii) (relating to penalties) shall
18not be prohibited from obtaining an occupational limited
19license under this section if the individual:

20(i) is otherwise eligible for restoration;

21(ii) has served 12 months of the suspension imposed
22for the offense;

23(iii) has no more than one prior offense as defined
24in section 3806(b);

25(iv) only operates a motor vehicle equipped with an
26ignition interlock system as defined in section 3801
27(relating to definitions); and

28(v) has certified to the department under paragraph
29(3).

30(2) A period of ignition interlock accepted under this

1subsection shall not count towards the one-year mandatory
2period of ignition interlock imposed under section 3805
3(relating to ignition interlock).

4(3) If an individual seeks an occupational limited
5license under this subsection, the department shall require
6that each motor vehicle owned or registered to the person has
7been equipped with an ignition interlock system as defined in
8section 3801 as a condition of issuing an occupational
9limited license with an ignition interlock restriction.

10(d.3) Suspension eligibility related to Title 18
11violation.--An individual whose operating privilege has been
12suspended for a violation of 18 Pa.C.S. § 6308 shall be eligible
13for an occupational limited license unless the individual has
14previously violated 18 Pa.C.S. § 6308.]

15* * *

16Section 2. Title 75 is amended by adding a section to read:

17§ 1556. Ignition interlock limited license.

18(a) Issuance.--

19(1) The department shall issue an ignition interlock
20limited license under this section to an individual:

21(i) whose operating privileges have been suspended
22for:

23(A) a violation under section 3802 (relating to
24driving under influence of alcohol or controlled
25substance) or under former section 3731 (relating to
26driving under influence of alcohol or controlled
27substance); or

28(B) a refusal to submit to chemical testing
29under section 1547 (relating to chemical testing to
30determine amount of alcohol or controlled substance);

1or

2(ii) who:

3(A) has been designated as a habitual offender
4under section 1542 (relating to revocation of
5habitual offender's license);

6(B) has had operating privilege revoked for a
7violation which includes a violation of section 3802;
8and

9(C) is not prohibited from holding an ignition
10interlock limited license under any other provision
11of this section.

12(2) An individual may not be issued an ignition
13interlock limited license for the purpose of operating a
14commercial motor vehicle.

15(3) The department shall prohibit the issuance of an
16ignition interlock limited license if disqualified from doing
17so under the Commercial Motor Vehicle Safety Act of 1986
18(Title XII of Public Law 99-570, 49 U.S.C. app. § 2701 et
19seq.) or the Motor Carrier Safety Improvement Act of 1999
20(Public Law 106-159, 113 Stat. 1748).

21(4) The department may not issue an ignition interlock
22limited license to an individual whose operating privilege
23has been recalled or canceled.

24(5) The department shall issue an ignition interlock
25limited license under the provisions of this section only
26upon receiving proof that each motor vehicle owned or to be
27operated by the individual has been equipped with an approved
28ignition interlock system as defined in section 3801
29(relating to definitions) as a condition of issuing an
30ignition interlock limited license.

1(6) An ignition interlock limited license issued under
2provisions of this section permits an individual to operate
3motor vehicles equipped with a functioning ignition interlock
4system, as defined in section 3801.

5(7) Any period in which an individual holds a valid
6ignition interlock limited license under this section shall
7count on a day-for-day basis toward any mandatory period of
8ignition interlock use imposed under section 3805 (relating
9to ignition interlock) arising from the same incident.

10(b) Petition.--

11(1) An applicant for an ignition interlock limited
12license must file a petition with the department, by
13certified mail, on a form prescribed by the department, and
14shall include proof that an approved ignition interlock
15system, as defined in section 3801, has been installed in one
16or more motor vehicles that the applicant seeks permission to
17operate.

18(2) The petition shall also include proof of financial
19responsibility covering each vehicle the applicant requests
20to be permitted to operate. The department shall promulgate
21regulations to require additional information as well as
22additional evidence to verify the information contained in
23the petition.

24(3) The applicant shall surrender the applicant's
25driver's license in accordance with section 1540 (relating to
26surrender of license). If the applicant's driver's license
27has been lost or stolen, the applicant shall submit an
28application for a replacement license, along with the proper
29fee. If the applicant is a nonresident licensed driver, the
30applicant shall submit an acknowledgment of suspension in

1lieu of a driver's license. If the applicant's license has
2expired, the applicant shall submit an application for
3renewal, along with the appropriate fee. All fines, costs and
4restoration fees must be paid at the time of petition.

5(4) Consistent with the provisions of this section, if
6the applicant is qualified, the department shall issue an
7ignition interlock limited license within 20 days of receipt
8of the petition and all other requirements for issuance.

9(5) An individual whose operating privilege has been
10suspended for a conviction of section 1543(b) (relating to
11driving while operating privilege is suspended or revoked)
12may petition for an ignition interlock limited license if the
13cause of the underlying suspension or revocation was a
14violation of section 3802 or section 1547(b).

15(c) Fee.--The application fee for an ignition interlock
16limited license shall be $100. This fee shall be nonrefundable
17and no other fee shall be required.

18(d) Unauthorized issuance.--The department shall prohibit
19issuance of an ignition interlock limited license to:

20(1) Any individual who is not licensed to drive by the
21Commonwealth or any other state.

22(2) Any individual who is required by this title to take
23an examination and who has failed to take and pass the
24examination.

25(3) Any individual who has an unsatisfied judgment
26against the individual as the result of a motor vehicle
27operation, until the judgment has been satisfied under the
28provisions of section 1774 (relating to payments sufficient
29to satisfy judgments) or an installment agreement has been
30entered into to satisfy the judgment, as permitted under

1section 1772(b) (relating to suspension for nonpayment of
2judgments) or 1775 (relating to installment payment of
3judgments), and the financial responsibility of the person
4has been established.

5(4) Any individual applying for an ignition interlock
6limited license to operate a commercial motor vehicle.

7(5) Any individual whose operating privilege has been
8suspended under section 1532(a.1) (relating to suspension of
9operating privilege) for conviction or adjudication of
10delinquency based on a violation of section 3732 (relating to
11homicide by vehicle) or 3735 (relating to homicide by vehicle
12while driving under influence).

13(e) Adjudication eligibility.--An individual who has been
14convicted of an offense under section 3802 shall be eligible to
15apply for and, if otherwise qualified, be issued an ignition
16interlock limited license upon conviction.

17(f) Suspension eligibility.--An individual whose license has
18been suspended under section 1547(b) shall be eligible to apply
19for and, if otherwise qualified, be issued an ignition interlock
20limited license under this section if the individual:

21(1) has served 90 days of the suspension imposed under
22section 1547(b)(1)(i); or

23(2) has served 180 days of the suspension imposed under
24section 1547(b)(1)(ii).

25(g) Habitual offender revocation eligibility.--

26(1) An individual who has been designated as a habitual
27offender under section 1542 and whose operating privilege has
28been revoked for violations, including a violation of section
293802, shall be eligible to apply for and, if otherwise
30qualified, be issued an ignition interlock limited license

1under this section if the individual meets all of the
2following requirements:

3(i) Prior to issuance of an ignition interlock
4limited license, the individual is interviewed at a
5departmental review session.

6(ii) The department recommends that the individual
7be issued a license.

8(2) The department may require the individual to
9satisfactorily complete one or more of the following:

10(i) A driver improvement program, the cost of the
11program to be borne by the individual.

12(ii) Any examination as provided for in section 1508
13(relating to examination of applicant for driver's
14license).

15(iii) A special examination that addresses knowledge
16of safe driving practices, departmental sanctions and
17related safety issues.

18(3) If the individual is not licensed to drive by the
19Commonwealth or any other state, the individual shall not
20immediately be issued an ignition interlock limited license
21and shall follow the following process:

22(i) The individual may apply for a Class C learner's
23permit under the provisions of section 1505(a) (relating
24to learners' permits).

25(ii) Thirty days after the issuance of the learner's
26permit, the individual shall be eligible to test for a
27driver's license under the provisions of section 1508(a).

28(iii) If the individual successfully passes all the
29required examinations, the department may issue an
30ignition interlock limited license to the individual.

1(h) Credit against mandatory ignition interlock
2requirement.--Any period during which an individual holds a
3valid ignition interlock limited license under subsection (e) or
4(f) shall count on a day-for-day basis toward the mandatory
5period of ignition interlock usage imposed under the applicable
6subparagraphs of section 3805(b)(2) arising from the same
7incident.

8(i) Certification to the department.--If an individual seeks
9an ignition interlock limited license under this section, the
10department shall require that one or more motor vehicles owned
11or to be operated by the individual to be equipped with a
12functioning ignition interlock system, as defined in section
133801, as a condition of issuing an ignition interlock limited
14license with an ignition interlock restriction.

15(j) Offenses committed during a period for which an ignition
16interlock limited license has been issued.--If the department
17receives a report of conviction of an offense for which the
18penalty is a cancellation, disqualification, recall, suspension
19or revocation of operating privileges or a report under section
203815(c)(4) (relating to mandatory sentencing) for any individual
21who has been issued an ignition interlock limited license, the
22department, at its sole discretion, shall either:

23(1) extend the term of the ignition interlock limited
24license for up to the original term for which the driver's
25license was suspended or revoked; or

26(2) recall the ignition interlock limited license and
27the individual shall surrender the limited license to the
28department or its agents designated under the authority of
29section 1540.

30(k) Restrictions.--

1(1) An individual who has been issued an ignition
2interlock limited license shall observe the following:

3(i) The individual shall operate only motor vehicles
4equipped with a functioning ignition interlock system, as
5defined in section 3801.

6(ii) The individual may not operate a school bus.

7(2) Any individual who violates the conditions of
8issuance or restrictions of the ignition interlock limited
9license commits a summary offense and shall, upon conviction,
10be sentenced to pay a fine of $200 and, upon receipt of a
11certified record of conviction, the department shall recall
12the limited license.

13(3) The operating privilege of an individual who has
14been issued an ignition interlock limited license remains
15under suspension or revocation, except when operating a motor
16vehicle in accordance with the conditions of issuance and
17restrictions of the ignition interlock limited license.

18(l) Changes in condition.--An individual who is granted an
19ignition interlock limited license shall immediately inform the
20department in writing of any change in the conditions under
21which the individual applied for the ignition interlock limited
22license. Upon failure to give prompt notice of any changes or if
23the conditions for the limited license no longer exist, the
24department shall recall the ignition interlock limited license.

25(m) Appeal from denial or recall of ignition interlock
26limited license.--

27(1) Any individual who is denied an ignition interlock
28limited license or whose ignition interlock limited license
29is extended or recalled under subsection (j) may file with
30the department a petition for a hearing. The hearing shall be

1conducted in accordance with 2 Pa.C.S. (relating to
2administrative law and procedure).

3(2) The department may charge a reasonable fee based on
4the cost to the department for conducting the hearing.

5(3) The appeal shall not operate as an automatic
6supersedeas. If an administrative hearing officer orders a
7supersedeas in any appeal, the individual shall earn no
8credit toward serving the suspension for which the individual
9was granted an ignition interlock limited license.

10(4) An appeal from a decision of an administrative
11hearing officer may be taken in the manner provided in 42
12Pa.C.S. § 763(a) (relating to direct appeals from government
13agencies).

14(5) Appeals under this subsection are exempt from the
15provisions of section 1550(b) (relating to judicial review)
16and from the provisions of 42 Pa.C.S. § 933 (relating to
17appeals from government agencies).

18Section 3. Section 1554(a) and (f)(8),(9) and (10) of Title
1975 are amended to read:

20§ 1554. Probationary license.

21(a) Issuance.--Unless otherwise prohibited under any other
22provision in this section, the department may issue a
23probationary license under this section to:

24(1) a person who has been designated as a habitual
25offender under section 1542 (relating to revocation of
26habitual offender's license) and whose operating privilege
27has been revoked for violations other than violations under
28section 3802 (relating to driving under influence of alcohol
29or controlled substance); or

30(2) a person with an accumulation of suspensions or

1revocations wherein the cumulative term of suspension or
2revocation is five or more years.

3The department may issue a probationary license for the
4operation of only a Class C noncommercial motor vehicle.

5* * *

6(f) Unauthorized issuance.--The department shall not issue a
7probationary license to:

8* * *

9[(8) A person who has been convicted of a violation of
10section 3802 (relating to driving under influence of alcohol
11or controlled substance) or former section 3731, within the
12preceding seven years.

13(9) A person who has been suspended for refusal to
14submit to chemical testing to determine the amount of alcohol
15or controlled substance within the preceding seven years.

16(10) A person who has been granted Accelerated
17Rehabilitative Disposition for the offense of driving under
18the influence of alcohol or a controlled substance within the
19preceding seven years.]

20* * *

21Section 4. Section 3801 is amended by adding a definition to
22read:

23§ 3801. Definitions.

24The following words and phrases when used in this chapter
25shall have the meanings given to them in this section unless the
26context clearly indicates otherwise:

27* * *

28"Ignition interlock limited license." A driver's license
29issued to an individual whose driving privileges are suspended
30or revoked for one or more violations of section 3802 (relating

1to driving under influence of alcohol or controlled substance)
2or 1547(b.1) (relating to chemical testing to determine amount
3of alcohol or controlled substance) requiring the individual to
4operate only motor vehicles equipped with a functioning ignition
5interlock system.

6* * *

7Section 5. Section 3804(a), (b), (c) and (e)(2)(iii) of
8Title 75 are amended to read:

9§ 3804. Penalties.

10(a) General impairment.--Except as set forth in subsection
11(b) or (c), an individual who violates section 3802(a) (relating
12to driving under influence of alcohol or controlled substance)
13shall be sentenced as follows:

14(1) For a first offense, to:

15(i) undergo a mandatory minimum term of six months'
16probation;

17(ii) pay a fine of $300;

18(iii) attend an alcohol highway safety school
19approved by the department; [and]

20(iv) comply with all drug and alcohol treatment
21requirements imposed under sections 3814 (relating to
22drug and alcohol assessments) and 3815 (relating to
23mandatory sentencing)[.]; and

24(v)  participate in and comply with the ignition
25interlock program under section 3805 (relating to
26ignition interlock).

27(2) For a second offense, to:

28(i) undergo imprisonment for not less than five
29days;

30(ii) pay a fine of not less than $300 nor more than

1$2,500;

2(iii) attend an alcohol highway safety school
3approved by the department; [and]

4(iv) comply with all drug and alcohol treatment
5requirements imposed under sections 3814 and 3815[.]; and

6(v) participate in and comply with the ignition
7interlock program under section 3805.

8(3) For a third or subsequent offense, to:

9(i) undergo imprisonment of not less than ten days;

10(ii) pay a fine of not less than $500 nor more than
11$5,000; [and]

12(iii) comply with all drug and alcohol treatment
13requirements imposed under sections 3814 and 3815[.]; and

14(iv)  participate in and comply with the ignition
15interlock program under section 3805.

16(b) High rate of blood alcohol; minors; commercial vehicles
17and school buses and school vehicles; accidents.--Except as set
18forth in subsection (c), an individual who violates section
193802(a)(1) where there was an accident resulting in bodily
20injury, serious bodily injury or death of any person or damage
21to a vehicle or other property or who violates section 3802(b),
22(e) or (f) shall be sentenced as follows:

23(1) For a first offense, to:

24(i) undergo imprisonment of not less than 48
25consecutive hours;

26(ii) pay a fine of not less than $500 nor more than
27$5,000;

28(iii) attend an alcohol highway safety school
29approved by the department; [and]

30(iv) comply with all drug and alcohol treatment

1requirements imposed under sections 3814 and 3815[.]; and

2(v)  participate in and comply with the ignition
3interlock program under section 3805.

4(2) For a second offense, to:

5(i) undergo imprisonment of not less than 30 days;

6(ii) pay a fine of not less than $750 nor more than
7$5,000;

8(iii) attend an alcohol highway safety school
9approved by the department; [and]

10(iv) comply with all drug and alcohol treatment
11requirements imposed under sections 3814 and 3815[.]; and

12(v)  participate in and comply with the ignition
13interlock program under section 3805.

14(3) For a third offense, to:

15(i) undergo imprisonment of not less than 90 days;

16(ii) pay a fine of not less than $1,500 nor more
17than $10,000; [and]

18(iii) comply with all drug and alcohol treatment
19requirements imposed under sections 3814 and 3815[.]; and

20(iv)  participate in and comply with the ignition
21interlock program under section 3805.

22(4) For a fourth or subsequent offense, to:

23(i) undergo imprisonment of not less than one year;

24(ii) pay a fine of not less than $1,500 nor more
25than $10,000; [and]

26(iii) comply with all drug and alcohol treatment
27requirements imposed under sections 3814 and 3815[.]; and

28(iv)  participate in and comply with the ignition
29interlock program under section 3805.

30(c) Incapacity; highest blood alcohol; controlled

1substances.--An individual who violates section 3802(a)(1) and
2refused testing of blood or breath or an individual who violates
3section 3802(c) or (d) shall be sentenced as follows:

4(1) For a first offense, to:

5(i) undergo imprisonment of not less than 72
6consecutive hours;

7(ii) pay a fine of not less than $1,000 nor more
8than $5,000;

9(iii) attend an alcohol highway safety school
10approved by the department; [and]

11(iv) comply with all drug and alcohol treatment
12requirements imposed under sections 3814 and 3815[.]; and

13(v)  participate in and comply with the ignition
14interlock program under section 3805.

15(2) For a second offense, to:

16(i) undergo imprisonment of not less than 90 days;

17(ii) pay a fine of not less than $1,500;

18(iii) attend an alcohol highway safety school
19approved by the department; [and]

20(iv) comply with all drug and alcohol treatment
21requirements imposed under sections 3814 and 3815[.]; and

22(v)  participate in and comply with the ignition
23interlock program under section 3805.

24(3) For a third or subsequent offense, to:

25(i) undergo imprisonment of not less than one year;

26(ii) pay a fine of not less than $2,500; [and]

27(iii) comply with all drug and alcohol treatment
28requirements imposed under sections 3814 and 3815[.]; and

29(iv)  participate in and comply with the ignition
30interlock program under section 3805.

1* * *

2(e) Suspension of operating privileges upon conviction.--

3* * *

4(2) Suspension under paragraph (1) shall be in
5accordance with the following:

6* * *

7(iii) There shall be [no] a six-month suspension for
8an ungraded misdemeanor under section 3802(a) where the
9person is subject to the penalties provided in subsection
10(a) and the person has no prior offense.

11* * *

12Section 6. Section 3805(a), (b) and (c) of Title 75 are
13amended and the section is amended by adding subsections to
14read:

15§ 3805. Ignition interlock.

16(a) General rule.--If a person violates section 3802
17(relating to driving under influence of alcohol or controlled
18substance) [and, within the past ten years, has a prior offense
19as defined in section 3806(a) (relating to prior offenses)] or
20has had their operating privileges suspended pursuant to section
211547(b.1) (relating to chemical testing to determine amount of
22alcohol or controlled substance) or 3808(c) (relating to
23illegally operating a motor vehicle not equipped with ignition
24interlock) and the person seeks a restoration of operating
25privileges, the department shall require as a condition of
26issuing [a restricted] an ignition interlock limited license
27pursuant to this section that the following occur:

28(1) Each motor vehicle owned or to be operated by the
29person [or registered to the person] has been equipped with
30an ignition interlock system and remains so for the duration

1of the restricted license period.

2(2) If there are no motor vehicles owned or to be
3operated by the person or registered to the person that the
4person so certify to the department. [A person so certifying
5shall be deemed to have satisfied the requirement that all
6motor vehicles owned by the person or registered to the
7person be equipped with an ignition interlock system as
8required by this subsection.]

9(a.1) No license issued.--If the department receives the
10certification under subsection (a)(2) from a person, no license
11under this subsection shall be issued to the person.

12(b) Application for [a restricted] an ignition interlock
13limited license.--A person subject to this section shall apply
14to the department for an ignition interlock [restricted] limited
15license under section [1951 (relating to driver's license and
16learner's permit)] 1556 (relating to ignition interlock limited
17license), which shall be clearly marked to restrict the person
18to only driving, operating or being in actual physical control
19of the movement of motor vehicles equipped with an ignition
20interlock system. The department shall:

21(1) Upon issuance of an ignition interlock [restricted]
22limited license to any person, [the department shall] notify
23the person that until the person obtains an unrestricted
24license the person may not [own, register,] drive, operate or
25be in actual physical control of the movement of any motor
26vehicle which is not equipped with an ignition interlock
27system.

28(2)  Require that a person subject to the provisions of
29subsection (h.2) maintain an ignition interlock restricted
30license for the following periods:

1(i) Six months, if the person was sentenced under
2section 3804(a)(1) and (b)(1) (relating to penalties).

3(ii) Twelve months, if the person was sentenced
4under section 3804(a)(2) or (b)(2).

5(iii) Eighteen months, if the person was sentenced
6under section 3804(c)(1).

7(iv) Thirty-six months, if the person was sentenced
8under section 3804(c)(3).

9(c) Issuance of unrestricted license.--[One year from the
10date of issuance of an ignition interlock restricted license
11under this section, if otherwise eligible, a person may be
12issued a replacement license under section 1951(d) that does not
13contain the ignition interlock system restriction.]

14(1)  The department shall not issue an unrestricted
15license until a person has presented all of the following:

16(i)  Proof that the person has completed the ignition
17interlock restricted license period under this section.

18(ii)  Certification by the company that provided the
19ignition interlock device that the person has complied
20with subsection (h.2).

21(2)  Upon completion of the ignition interlock
22requirements under this section, a person who is otherwise
23eligible may be issued a replacement license under section
241951(d)(relating to driver's license and learner's permit)
25that does not contain the ignition interlock system
26restriction.

27* * *

28(h.2)  Declaration of compliance.--Restrictions imposed under
29section 1556 (relating to ignition interlock limited license) or
303807 (relating to Accelerated Rehabilitative Disposition) shall

1remain in effect until the department receives a declaration
2from the person's ignition interlock device vendor, in a form
3provided or approved by the department, certifying that the
4following incidents have not occurred in the two consecutive
5months prior to the date entered on the certificate:

6(1)  An attempt to start the vehicle with a breath
7alcohol concentration of 0.08 or more, not followed within
8five minutes by a subsequent attempt with a breath alcohol
9concentration lower than 0.08.

10(2)  Failure to take or pass any required retest.

11(3)  Failure of the person to appear at the ignition
12interlock system vendor when required for maintenance,
13repair, calibration, monitoring, inspection or replacement of
14the device such that the ignition interlock system no longer
15functions as required under subsection (h).

16* * *

17Section 7. Sections 3807(d)(1), (2) and (3) and 3808(c)(1)
18of Title 75 are amended to read:

19§ 3807. Accelerated Rehabilitative Disposition.

20* * *

21(d) Mandatory suspension of operating privileges and
22ignition interlock requirement.--As a condition of participation
23in an Accelerated Rehabilitative Disposition program, the court
24shall order the defendant's license suspended [as follows] and
25the defendant shall participate in and comply with the ignition
26interlock program under section 3805 (relating to ignition
27interlock) for the following applicable period of time:

28(1) [There shall be no license suspension if the
29defendant's blood alcohol concentration at the time of
30testing was less than 0.10%.

1(2) For 30 days] Six months, if the defendant's blood
2alcohol concentration at the time of testing was at least
3[0.10%] 0.08% but less than 0.16%.

4[(3) For 60 days] (2) For a minimum period of one year,
5if:

6(i) the defendant's blood alcohol concentration at
7the time of testing was 0.16% or higher;

8(ii) the defendant's blood alcohol concentration is
9not known;

10(iii) an accident which resulted in bodily injury or
11in damage to a vehicle or other property occurred in
12connection with the events surrounding the current
13offense; or

14(iv) the defendant was charged pursuant to section
153802(d).

16* * *

17§ 3808. Illegally operating a motor vehicle not equipped with
18ignition interlock.

19* * *

20(c) Suspension of operating privilege.--Notwithstanding
21section 3805(c) and (i):

22(1) If a person who is required to only drive, operate
23or be in actual physical control of the movement of a motor
24vehicle equipped with an ignition interlock system violates
25this section, upon receipt of a certified record of the
26conviction, the department shall not issue a replacement
27license to the person under section 1951(d) (relating to
28driver's license and learner's permit) that does not contain
29an ignition interlock restriction for a period of one year
30from the date of conviction until the person has complied

1with the requirements of section 3805 (relating to ignition
2interlock).

3* * *

4Section 8. This act shall take effect in 90 days.

<-5Section 1. Section 1553(a)(1), (d)(6), (7) and (8), (d.1)
6and (d.2) of Title 75 of the Pennsylvania Consolidated Statutes
7are amended to read:

8§ 1553. Occupational limited license.

9(a) Issuance.--

10(1) The department shall issue an occupational limited 
11license under the provisions of this section to a driver 
12whose operating privileges have been suspended for a 
13violation of this title, except for an offense under section 
143802 (relating to driving under influence of alcohol or 
15controlled substance) or under former section 3731 (relating 
16to driving under influence of alcohol or controlled 
17substance) or for a refusal to submit to chemical testing 
18under section 1547 (relating to chemical testing to determine 
19amount of alcohol or controlled substance), and is not 
20prohibited under any other provision in this section. If the 
21underlying reason for the suspension was caused by violations 
22committed while the driver was operating a commercial motor 
23vehicle, the driver shall not be issued an occupational 
24limited license for the purpose of operating a commercial 
25motor vehicle. The department shall prohibit the issuance of 
26an occupational limited license when disqualified from doing 
27so under the Commercial Motor Vehicle Safety Act of 1986 
28(Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et 
29seq.) or the Motor Carrier Safety Improvement Act of 1999 
30(Public Law 106-159, 113 Stat. 1748).

1* * *

2(d) Unauthorized issuance.--The department shall prohibit
3issuance of an occupational limited license to:

4* * *

5[(6) Any person who has been adjudicated delinquent,
6granted a consent decree or granted Accelerated
7Rehabilitative Disposition for driving under the influence of
8alcohol or controlled substance unless the suspension or
9revocation imposed for that conviction has been fully served.

10(7) Any person whose operating privilege has been
11suspended for refusal to submit to chemical testing to
12determine the amount of alcohol or controlled substance
13unless that suspension has been fully served.

14(8) Except as set forth in subsections (d.1) and (d.2),
15any person who has been convicted of driving under the
16influence of alcohol or controlled substance and whose
17license has been suspended by the department unless the
18suspension imposed has been fully served.]

19* * *

20[(d.1) Adjudication eligibility.--An individual who has been
21convicted of an offense under section 3802 (relating to driving
22under influence of alcohol or controlled substance) and does not
23have a prior offense as defined in section 3806(a) (relating to
24prior offenses) shall be eligible for an occupational limited
25license only if the individual has served 60 days of the
26suspension imposed for the offense.

27(d.2) Suspension eligibility.--

28(1) An individual whose license has been suspended for a
29period of 18 months under section 1547(b)(1)(ii) (relating to
30chemical testing to determine amount of alcohol or controlled

1substance) or 3804(e)(2)(ii) (relating to penalties) shall
2not be prohibited from obtaining an occupational limited
3license under this section if the individual:

4(i) is otherwise eligible for restoration;

5(ii) has served 12 months of the suspension imposed
6for the offense;

7(iii) has no more than one prior offense as defined
8in section 3806(b);

9(iv) only operates a motor vehicle equipped with an
10ignition interlock system as defined in section 3801
11(relating to definitions); and

12(v) has certified to the department under paragraph
13(3).

14(2) A period of ignition interlock accepted under this
15subsection shall not count towards the one-year mandatory
16period of ignition interlock imposed under section 3805
17(relating to ignition interlock).

18(3) If an individual seeks an occupational limited
19license under this subsection, the department shall require
20that each motor vehicle owned or registered to the person has
21been equipped with an ignition interlock system as defined in
22section 3801 as a condition of issuing an occupational
23limited license with an ignition interlock restriction.]

24* * *

25Section 2. Title 75 is amended by adding a section to read:

26§ 1556. Ignition interlock limited license.

27(a) Issuance.--

28(1) The department shall issue an ignition interlock
29limited license under this section to an individual whose
30operating privileges have been suspended for:

1(i) a violation under section 3802 (relating to
2driving under influence of alcohol or controlled
3substance) or under former section 3731 (relating to
4driving under influence of alcohol or controlled
5substance); or

6(ii) a refusal to submit to chemical testing 
7under section 1547 (relating to chemical testing to 
8determine amount of alcohol or controlled substance).

9(2) The department shall issue an ignition interlock
10limited license under the provisions of this section only
11upon receiving proof that each motor vehicle owned or to be
12operated by the individual has been equipped with an approved
13ignition interlock system as defined in section 3801
14(relating to definitions) as a condition of issuing an
15ignition interlock limited license.

16(3) An ignition interlock limited license issued under
17the provisions of this section permits an individual to
18operate motor vehicles equipped with a functioning ignition
19interlock system, as defined in section 3801.

20(4) Any period in which an individual holds a valid
21ignition interlock limited license under this section shall
22count on a day-for-day basis toward any mandatory period of
23ignition interlock use imposed under section 3805 (relating
24to ignition interlock) arising from the same incident.

25(b) Petition.--

26(1) An applicant for an ignition interlock limited 
27license shall file a petition with the department, by 
28certified mail, on a form prescribed by the department, and 
29shall include proof that an approved ignition interlock 
30system, as defined in section 3801, has been installed in one
 

1or more motor vehicles that the applicant seeks permission to 
2operate.

3(2) The petition shall also include proof of financial
4responsibility covering each vehicle the applicant requests
5to be permitted to operate. The department shall promulgate
6regulations to require additional information as well as
7additional evidence to verify the information contained in
8the petition.

9(3) The applicant shall surrender the applicant's
10driver's license in accordance with section 1540 (relating to
11surrender of license). If the applicant's driver's license
12has been lost or stolen, the applicant shall submit an
13application for a replacement license, along with the proper
14fee. If the applicant is a nonresident licensed driver, the
15applicant shall submit an acknowledgment of suspension in
16lieu of a driver's license. If the applicant's license has
17expired, the applicant shall submit an application for
18renewal, along with the appropriate fee. All fines, costs and
19restoration fees must be paid at the time of petition.

20(4) Consistent with the provisions of this section, if 
21the applicant is qualified, the department shall issue an 
22ignition interlock limited license within 20 days of receipt 
23of the petition and all other requirements for issuance.

24(c) Fee.--The application fee for an ignition interlock 
25limited license shall be $50. This fee shall be nonrefundable.

26(d) Unauthorized issuance.--The department shall prohibit
27issuance of an ignition interlock limited license to:

28(1) Any individual who is not licensed to drive by the
29Commonwealth or any other state.

30(2) Any individual who is required by this title to take

1an examination and who has failed to take and pass the
2examination.

3(3) Any individual whose operating privilege has been
4recalled or canceled.

5(4) Any individual who has an unsatisfied judgment 
6against the individual as the result of a motor vehicle 
7operation, until the judgment has been satisfied under the 
8provisions of section 1774 (relating to payments sufficient 
9to satisfy judgments) or an installment agreement has been 
10entered into to satisfy the judgment, as permitted under 
11section 1772(b) (relating to suspension for nonpayment of 
12judgments) or 1775 (relating to installment payment of 
13judgments), and the financial responsibility of the person 
14has been established.

15(5) Any individual applying for an ignition interlock
16limited license to operate a commercial motor vehicle.

17(6) Any individual if the department is disqualified
18from issuing the ignition interlock limited license under the
19Commercial Motor Vehicle Safety Act of 1986 (Title XII of
20Public Law 99-570, 49 U.S.C. app. § 2701 et seq.) or the
21Motor Carrier Safety Improvement Act of 1999 (Public Law 106-
22159, 113 Stat. 1748).

23(7) Any individual whose operating privilege has been 
24suspended under section 1532(a.1) (relating to suspension of 
25operating privilege) for conviction or adjudication of 
26delinquency based on a violation of section 3732 (relating to 
27homicide by vehicle) or 3735 (relating to homicide by vehicle 
28while driving under influence).

29(e) Adjudication eligibility.--An individual who has been
30convicted of an offense under section 3802 shall be eligible to

1apply for and, if otherwise qualified, be issued an ignition
2interlock limited license upon conviction.

3(f) Suspension eligibility.--The following shall apply:

4(1) An individual whose license has been suspended under
5section 1547(b) shall be eligible to apply for and, if
6otherwise qualified, be issued an ignition interlock limited
7license under this section if the individual:

8(i) has served six months of the suspension imposed
9under section 1547(b)(1)(i); or

10(ii) has served nine months of the suspension
11imposed under section 1547(b)(1)(ii).

12(2) An individual whose license has been suspended under
13section 3804(e) (relating to penalties) shall be eligible to
14apply for and, if otherwise qualified, be issued an ignition
15interlock limited license under this section if the
16individual:

17(i) has served six months of the suspension imposed
18under section 3804(e)(2)(i); or

19(ii) has served nine months of the suspension
20imposed under section 3804 (e)(2)(ii).

21(3) An individual whose license has been suspended under
22section 3807(d) (related to Accelerated Rehabilitative
23Disposition) shall be eligible to apply for and, if otherwise
24qualified, be issued an ignition interlock limited license
25under this section if the suspension has been fully served.

26(g) Credit against mandatory ignition interlock
27requirement.--Any period during which an individual holds a
28valid ignition interlock limited license under subsection (e) or
29(f) shall count on a day-for-day basis toward the mandatory
30period of ignition interlock usage imposed under the applicable

1subparagraphs of section 3805(b)(2) arising from the same
2incident.

3(h) Certification to the department.--If an individual 
4applies for an ignition interlock limited license under this 
5section, the department shall require that one or more motor 
6vehicles owned or to be operated by the individual be equipped 
7with a functioning ignition interlock system, as defined in 
8section 3801, as a condition of issuing an ignition interlock 
9limited license with an ignition interlock restriction.

10(i) Offenses committed during a period for which an ignition
11interlock limited license has been issued.--If the department
12receives a report of conviction of an offense for which the
13penalty is a cancellation, disqualification, recall, suspension
14or revocation of operating privileges or a report under section
153815(c)(4) (relating to mandatory sentencing) for any individual
16who has been issued an ignition interlock limited license, the
17department, at its sole discretion, shall either:

18(1) extend the term of the ignition interlock limited
19license for up to the original term for which the driver's
20license was suspended or revoked; or

21(2) recall the ignition interlock limited license and
22the individual shall surrender the limited license to the
23department or its agents designated under the authority of
24section 1540.

25(j) Restrictions.--

26(1) Pursuant to subsection (a)(2), an individual who has 
27been issued an ignition interlock limited license shall 
28operate only motor vehicles equipped with a functioning 
29ignition interlock system, as defined in section 3801.

30(2) Any individual who violates the conditions of

1issuance or restrictions of the ignition interlock limited
2license commits a summary offense and shall, upon conviction,
3be sentenced to pay a fine of $200; and, upon receipt of a
4certified record of conviction, the department shall recall
5the limited license.

6(3) The operating privileges of an individual who has 
7been issued an ignition interlock limited license remain 
8under suspension or revocation, except when operating a motor 
9vehicle in accordance with the conditions of issuance and 
10restrictions of the ignition interlock limited license.

11(k) Appeal from denial or recall of ignition interlock
12limited license.--

13(1) Any individual who is denied an ignition interlock
14limited license or whose ignition interlock limited license
15is extended or recalled under subsection (i) may file with
16the department a petition for a hearing. The hearing shall be
17conducted in accordance with 2 Pa.C.S. (relating to
18administrative law and procedure).

19(2) The department may charge a reasonable fee based on
20the cost to the department for conducting the hearing.

21(3) The appeal shall not operate as an automatic
22supersedeas. If an administrative hearing officer orders a
23supersedeas in any appeal, the individual shall earn no
24credit toward serving the suspension for which the individual
25was granted an ignition interlock limited license.

26(4) An appeal from a decision of an administrative
27hearing officer may be taken in the manner provided in 42
28Pa.C.S. § 763(a) (relating to direct appeals from government
29agencies).

30(5) Appeals under this subsection are exempt from the

1provisions of section 1550(b) (relating to judicial review)
2and from the provisions of 42 Pa.C.S. § 933 (relating to
3appeals from government agencies).

4Section 3. Section 3801 of Title 75 is amended by adding a
5definition to read:

6§ 3801. Definitions.

7The following words and phrases when used in this chapter
8shall have the meanings given to them in this section unless the
9context clearly indicates otherwise:

10* * *

11"Ignition interlock limited license." A driver's license 
12issued to an individual whose operating privileges are suspended 
13or revoked for one or more violations of section 3802 (relating 
14to driving under influence of alcohol or controlled substance) 
15or 1547(b.1) (relating to chemical testing to determine amount 
16of alcohol or controlled substance) requiring the individual to 
17operate only motor vehicles equipped with a functioning ignition 
18interlock system.

19* * *

20Section 4. Section 3805(a), (b) and (c) of Title 75 are
21amended and the section is amended by adding subsections to
22read:

23§ 3805. Ignition interlock.

24(a) General rule.--If a person violates section 3802
25(relating to driving under influence of alcohol or controlled
26substance) [and, within the past ten years, has a prior offense
27as defined in section 3806(a) (relating to prior offenses)], 
28except for a violation of section 3802(a) where the individual 
29has not had a prior offense, as defined under section 3806(a) 
30(relating to prior offenses), within the past ten years, or has
 

1had their operating privileges suspended pursuant to section 
21547(b.1) (relating to chemical testing to determine amount of 
3alcohol or controlled substance) or 3808(c) (relating to 
4illegally operating a motor vehicle not equipped with ignition 
5interlock) and the person seeks a restoration of operating 
6privileges, the department shall require as a condition of 
7issuing a restricted license pursuant to this section that the 
8following occur:

9(1) Each motor vehicle owned or to be operated by the
10person [or registered to the person] has been equipped with
11an ignition interlock system and remains so for the duration
12of the restricted license period.

13(2) If there are no motor vehicles owned or to be 
14operated by the person or registered to the person that the
15person so certify to the department. [A person so certifying
16shall be deemed to have satisfied the requirement that all
17motor vehicles owned by the person or registered to the
18person be equipped with an ignition interlock system as
19required by this subsection.]

20(a.1) No license issued.--If the department receives the
21certification under subsection (a)(2) from a person, no license
22under this subsection shall be issued to the person.

23(b) Application for a restricted license.--A person subject
24to this section shall apply to the department for an ignition
25interlock restricted license under section 1951 (relating to
26driver's license and learner's permit), which shall be clearly
27marked to restrict the person to only driving, operating or
28being in actual physical control of the movement of motor
29vehicles equipped with an ignition interlock system. Upon
30issuance of an ignition interlock restricted license to any

1person, the department shall notify the person that until the
2person obtains an unrestricted license the person may not [own,
3register,] drive, operate or be in actual physical control of
4the movement of any motor vehicle which is not equipped with an
5ignition interlock system.

6(c) Issuance of unrestricted license.--One year from the
7date of issuance of an ignition interlock restricted license
8under this section, if otherwise eligible, a person may be
9issued a replacement license under section 1951(d) that does not
10contain the ignition interlock system restriction. The 
11department shall not issue an unrestricted license until a 
12person has presented all of the following:

13(1)  Proof that the person has completed the ignition
14interlock restricted license period under this section.

15(2)  Certification by the company that provided the
16ignition interlock device that the person has complied with
17subsection (h.2).

18* * *

19(h.2)  Declaration of compliance.--Restrictions imposed under 
20section 1556 shall remain in effect until the department 
21receives a declaration from the person's ignition interlock 
22device vendor, in a form provided or approved by the department, 
23certifying that the following incidents have not occurred in the 
24two consecutive months prior to the date entered on the 
25certificate:

26(1)  An attempt to start the vehicle with a breath
27alcohol concentration of 0.08 or more, not followed within
28five minutes by a subsequent attempt with a breath alcohol
29concentration lower than 0.08.

30(2)  Failure to take or pass any required retest.

1(3)  Failure of the person to appear at the ignition
2interlock system vendor when required for maintenance,
3repair, calibration, monitoring, inspection or replacement of
4the device such that the ignition interlock system no longer
5functions as required under subsection (h).

6* * *

7Section 5. Section 3808(c)(1) of Title 75 is amended to
8read:

9§ 3808. Illegally operating a motor vehicle not equipped with
10ignition interlock.

11* * *

12(c) Suspension of operating privilege.--Notwithstanding
13section 3805(c) and (i):

14(1) If a person who is required to only drive, operate 
15or be in actual physical control of the movement of a motor 
16vehicle equipped with an ignition interlock system violates 
17this section, upon receipt of a certified record of the 
18conviction, the department shall not issue a replacement 
19license to the person under section 1951(d) (relating to 
20driver's license and learner's permit) that does not contain 
21an ignition interlock restriction for a period of one year 
22from the date of conviction until the person has complied 
23with the requirements of section 3805 (relating to ignition 
24interlock).

25* * *

26Section 6. This act shall take effect in 90 days.