THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, KITCHEN, MUSTO, RAFFERTY, FONTANA, STACK AND WAUGH, FEBRUARY 20, 2009

REFERRED TO TRANSPORTATION, FEBRUARY 20, 2009  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for definitions and for ignition

interlock; providing for duties of the Secretary of

Transportation, for ignition interlock service providers and

for ignition interlock system violations; further providing

for illegally operating a motor vehicle not equipped with

ignition interlock; and providing for the Ignition Interlock

System Fund.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "ignition interlock system" in

section 3801 of Title 75 of the Pennsylvania Consolidated

Statutes is amended and the section is amended by adding

definitions to read:

§ 3801.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Department."  The Department of Transportation of the

Commonwealth.

"Ignition interlock provider."  Persons or entities offering

ignition interlock systems for sale who are approved by the

Department of Transportation in accordance with section 3805.1

(relating to ignition interlock service providers).

"Ignition interlock system."  A system approved by the

department which prevents a vehicle from being started or

operated unless the operator first provides a breath sample

indicating that the operator has an alcohol level less than

0.025%. The system shall be capable of recording the date of all

of the breath samples performed on the system.

* * *

"Secretary."  The Secretary of Transportation of the

Commonwealth.

Section 2.  Section 3805(c) of Title 75 is amended and the

section is amended by adding subsections to read:

§ 3805.  Ignition interlock.

* * *

(a.1)  Costs.--The restricted licensee shall be responsible

for all costs associated with the maintenance and installation

of the ignition interlock system. If the court deems the person

indigent, half of the costs shall be paid from the Ignition

Interlock System Fund established under this chapter.

(a.2)  Requirements.--Persons driving with a restricted

license under this section shall be required to:

(1)  Attend alcohol and substance abuse counseling.

(2)  Meet with victim support groups for alcohol-related

accidents on a weekly basis.

(3)  Meet with a probation officer on a weekly basis.

(a.3)  Duties of secretary.--The secretary shall:

(1)  Promulgate rules or regulations necessary for the

effective implementation of this chapter.

(2)  Establish criteria that must be satisfied before a

person may be issued an unrestricted license under subsection

(c). The criteria shall include a minimum of 12 consecutive

months where all ignition interlock breath samples indicate

an alcohol level of less than 0.025%, as well as approval by

the restricted licensee's probation officer and substance

abuse counselor.

(3)  Establish fees for the installation, service and

maintenance of ignition interlock systems. The fees shall be

uniform throughout the State.

* * *

(c)  Issuance of unrestricted license.--[One year] Two years 

from the date of issuance of an ignition interlock restricted

license under this section, if otherwise eligible, a person may

be issued a replacement license under section 1951(d) that does

not contain the ignition interlock system restriction.

* * *

(d.1)  Rolling tests.--Persons issued ignition interlock

licenses under this section shall be subject to rolling tests

after the vehicle has successfully been started using the

ignition interlock system. The tests shall occur every 20 to 40

minutes depending on how the ignition interlock system is

configured. The system shall record all data concerning the

rolling tests.

* * *

Section 3.  Title 75 is amended by adding sections to read:

§ 3805.1.  Ignition interlock service providers.

(a)  Criteria.--Any person who satisfies the following

criteria may apply to the department to become an ignition

interlock service provider:

(1)  have at least two years of experience in service and

installation of ignition interlock systems; and

(2)  have the ability, acceptable to the secretary, to

establish sufficient service centers in the jurisdiction of

operation.

(b)  Hotline.--All ignition interlock service providers must

provide a 24-hour toll-free telephone hotline.

(c)  Maintenance.--An ignition interlock service provider

must service all ignition interlock systems on a bimonthly

basis.

(d)  Requirements.--An ignition interlock service provider

must:

(1)  return all service calls within 45 minutes; and

(2)  repair or replace all ignition interlock systems

within 48 hours.

(e)  Notice to department.--An ignition interlock service

provider shall inform the department within 24 hours of notice

of the following:

(1)  any installation, repair, reset or removal of an

ignition interlock system; and

(2)  any tampering or attempted tampering of the ignition

interlock system in violation of the provisions of this

chapter.

(f)  Reports.--An ignition interlock service provider shall

report at least monthly to the department on all aspects of the

service program.

(g)  Duties.--An ignition interlock service provider shall be

responsible for informing the restricted licensee of the proper

use and maintenance of the ignition interlock device.

§ 3805.2.  Ignition interlock system violations.

(a)  General rule.--For every violation of the ignition

interlock system, a point value shall be assigned according to

subsection (b). Appropriate sanctions shall be determined in

accordance with subsection (c) based upon the accumulated points

of the restricted licensee.

(b)  Points assigned.--The following violations shall result

in the following number of points:

(1)  One point each time a restricted licensee registers

a blood alcohol content equal to or greater than 0.08% by

weight.

(2)  One point when a restricted licensee registers a

blood alcohol content equal to or greater than 0.025% by

weight on three consecutive tests.

(3)  One point for missing a rolling test as required

pursuant to section 3805(d.1) (relating to ignition

interlock).

(4)  Three points for tampering with an ignition

interlock device as provided in section 3808(b) (relating to

illegally operating a motor vehicle not equipped with

ignition interlock) or attempting to tamper with an ignition

interlock device as provided in section 3808(b.1).

(c)  Penalties.--For every three points accumulated by the

restricted licensee, the licensee shall:

(1)  Return his vehicle to an ignition interlock service

provider to have the device reset.

(2)  Be responsible for the cost of the resetting fee

which shall be determined by the secretary.

(3)  Be subject to not less than a six-month extension of

the duration of the scheduled restricted license.

(4)  Pay a fine of $500.

§ 3805.3.  Ignition Interlock System Fund.

There is hereby established in the joint custody of the State

Treasurer and the Secretary of Transportation a fund to be known

as the Ignition Interlock System Fund. The fund shall consist of

all moneys appropriated by the General Assembly and all fines

imposed upon violations of sections 3805 (relating to ignition

interlock), 3805.2 (relating to ignition interlock system

violations) and 3808 (relating to illegally operating a motor

vehicle not equipped with ignition interlock). The moneys of the

fund shall be used for any purpose designated by the secretary

that furthers the goals and purposes of this chapter, including

the production of educational materials that inform the public

of the hazards of driving under the influence of alcohol.

Section 4.  Section 3808 of Title 75 is amended by adding a

subsection to read:

§ 3808.  Illegally operating a motor vehicle not equipped with

ignition interlock.

* * *

(b.1)  Attempting to tamper with an ignition interlock

system.--A person is guilty of attempting to tamper with an

ignition interlock system by:

(1)  Intending to circumvent the testing or data

recording of an ignition interlock system.

(2)  Committing any act constituting a substantial step

toward circumventing an ignition interlock system.

Any person who attempts to tamper with an ignition interlock

device shall be subject to not more than six months'

imprisonment and shall be fined not more than $5,500.

* * *

Section 5.  This act shall take effect in 60 days.