PRIOR PRINTER'S NOS. 1262, 1752 | PRINTER'S NO. 2126 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 1036 | Session of 2013 |
INTRODUCED BY RAFFERTY, VULAKOVICH, TEPLITZ, ERICKSON, MENSCH, WAUGH, SOLOBAY, BLAKE AND DINNIMAN, JUNE 20, 2013
SENATOR RAFFERTY, TRANSPORTATION, RE-REPORTED AS AMENDED, JUNE 11, 2014
AN ACT
1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, <-in general provisions, further providing for
3definitions; in licensing of drivers, further providing for
4occupational limited license and providing for ignition
5interlock limited license; and, in driving after imbibing
6alcohol or utilizing drugs, defining "ignition interlock<-
7limited license," further providing for ignition interlock
8and for the offense of illegally operating a motor vehicle
9not equipped with ignition interlock.
10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:
<-12Section 1. Section 1553(a)(1), (d)(6), (7) and (8), (d.1)
13and (d.2) of Title 75 of the Pennsylvania Consolidated Statutes
14are amended to read:
<-15Section 1. Section 102 of Title 75 of the Pennsylvania
16Consolidated Statutes is amended by adding a definition to read:
17§ 102. Definitions.
18Subject to additional definitions contained in subsequent
19provisions of this title which are applicable to specific
20provisions of this title, the following words and phrases when
21used in this title shall have, unless the context clearly
1indicates otherwise, the meanings given to them in this section:
2* * *
3"Ignition interlock limited license." A driver's license
4issued to an individual whose operating privilege is suspended
5or revoked for one or more violations of section 3802 (relating
6to driving under influence of alcohol or controlled substance)
7or 1547 (relating to chemical testing to determine amount of
8alcohol or controlled substance) requiring the individual to
9operate only motor vehicles equipped with a functioning ignition
10interlock system.
11* * *
12Section 1.1. Section 1553(a)(1), (d)(6), (7) and (8), (d.1)
13and (d.2) of Title 75 are amended to read:
14§ 1553. Occupational limited license.
15(a) Issuance.--
16(1) The department shall issue an occupational limited
17license under the provisions of this section to a driver
18whose operating privileges have been suspended for a
19violation of this title, except for an offense under section
203802 (relating to driving under influence of alcohol or
21controlled substance) or under former section 3731 (relating
22to driving under influence of alcohol or controlled
23substance) or for a refusal to submit to chemical testing
24under section 1547 (relating to chemical testing to determine
25amount of alcohol or controlled substance), and is not
26prohibited under any other provision in this section. If the
27underlying reason for the suspension was caused by violations
28committed while the driver was operating a commercial motor
29vehicle, the driver shall not be issued an occupational
30limited license for the purpose of operating a commercial
1motor vehicle. The department shall prohibit the issuance of
2an occupational limited license when disqualified from doing
3so under the Commercial Motor Vehicle Safety Act of 1986
4(Title XII of Public Law 99-570, 49 U.S.C. App. § 2701 et
5seq.) or the Motor Carrier Safety Improvement Act of 1999
6(Public Law 106-159, 113 Stat. 1748).
7* * *
8(d) Unauthorized issuance.--The department shall prohibit
9issuance of an occupational limited license to:
10* * *
11[(6) Any person who has been adjudicated delinquent,
12granted a consent decree or granted Accelerated
13Rehabilitative Disposition for driving under the influence of
14alcohol or controlled substance unless the suspension or
15revocation imposed for that conviction has been fully served.
16(7) Any person whose operating privilege has been
17suspended for refusal to submit to chemical testing to
18determine the amount of alcohol or controlled substance
19unless that suspension has been fully served.
20(8) Except as set forth in subsections (d.1) and (d.2),
21any person who has been convicted of driving under the
22influence of alcohol or controlled substance and whose
23license has been suspended by the department unless the
24suspension imposed has been fully served.]
25* * *
26[(d.1) Adjudication eligibility.--An individual who has been
27convicted of an offense under section 3802 (relating to driving
28under influence of alcohol or controlled substance) and does not
29have a prior offense as defined in section 3806(a) (relating to
30prior offenses) shall be eligible for an occupational limited
1license only if the individual has served 60 days of the
2suspension imposed for the offense.
3(d.2) Suspension eligibility.--
4(1) An individual whose license has been suspended for a
5period of 18 months under section 1547(b)(1)(ii) (relating to
6chemical testing to determine amount of alcohol or controlled
7substance) or 3804(e)(2)(ii) (relating to penalties) shall
8not be prohibited from obtaining an occupational limited
9license under this section if the individual:
10(i) is otherwise eligible for restoration;
11(ii) has served 12 months of the suspension imposed
12for the offense;
13(iii) has no more than one prior offense as defined
14in section 3806(b);
15(iv) only operates a motor vehicle equipped with an
16ignition interlock system as defined in section 3801
17(relating to definitions); and
18(v) has certified to the department under paragraph
19(3).
20(2) A period of ignition interlock accepted under this
21subsection shall not count towards the one-year mandatory
22period of ignition interlock imposed under section 3805
23(relating to ignition interlock).
24(3) If an individual seeks an occupational limited
25license under this subsection, the department shall require
26that each motor vehicle owned or registered to the person has
27been equipped with an ignition interlock system as defined in
28section 3801 as a condition of issuing an occupational
29limited license with an ignition interlock restriction.]
30* * *
1Section 2. Title 75 is amended by adding a section to read:
2§ 1556. Ignition interlock limited license.
3(a) Issuance.--
4(1) The department shall issue an ignition interlock
5limited license under this section to an individual whose
6operating privileges have been suspended for:
7(i) a violation under section 3802 (relating to
8driving under influence of alcohol or controlled
9substance) or under former section 3731 (relating to
10driving under influence of alcohol or controlled
11substance); or
12(ii) a refusal to submit to chemical testing
13under section 1547 (relating to chemical testing to
14determine amount of alcohol or controlled substance).
15(2) The department shall issue an ignition interlock
16limited license under the provisions of this section only
17upon receiving proof that each motor vehicle owned or to be
18operated by the individual has been equipped with an approved
19ignition interlock system as defined in section 3801
20(relating to definitions) as a condition of issuing an
21ignition interlock limited license.
22(3) An ignition interlock limited license issued under
23the provisions of this section permits an individual to
24operate motor vehicles equipped with a functioning ignition
25interlock system, as defined in section 3801.
26(4) Any period in which an individual holds a valid
27ignition interlock limited license under this section shall
28count on a day-for-day basis toward any mandatory period of
29ignition interlock use imposed under section 3805 (relating
30to ignition interlock) arising from the same incident.
1(b) Petition.--
2(1) An applicant for an ignition interlock limited
3license shall file a petition with the department, by
4certified mail, on a form prescribed by the department, and
5shall include proof that an approved ignition interlock
6system, as defined in section 3801, has been installed in one
7or more motor vehicles that the applicant seeks permission to
8operate.
9(2) The petition shall also include proof of financial
10responsibility covering each vehicle the applicant requests
11to be permitted to operate. The department shall promulgate
12regulations to require additional information as well as
13additional evidence to verify the information contained in
14the petition.
15(3) The applicant shall surrender the applicant's
16driver's license in accordance with section 1540 (relating to
17surrender of license). If the applicant's driver's license
18has been lost or stolen, the applicant shall submit an
19application for a replacement license, along with the proper
20fee. If the applicant is a nonresident licensed driver, the
21applicant shall submit an acknowledgment of suspension in
22lieu of a driver's license. If the applicant's license has
23expired, the applicant shall submit an application for
24renewal, along with the appropriate fee. All fines, costs and
25restoration fees must be paid at the time of petition.
26(4) Consistent with the provisions of this section, if
27the applicant is qualified, the department shall issue an
28ignition interlock limited license within 20 days of receipt
29of the petition and all other requirements for issuance.
30(c) Fee.--The application fee for an ignition interlock
1limited license shall be $50. This fee shall be nonrefundable.
2(d) Unauthorized issuance.--The department shall prohibit
3issuance of an ignition interlock limited license to:
4(1) Any individual who is not licensed to drive by the
5Commonwealth or any other state.
6(2) Any individual who is required by this title to take
7an examination and who has failed to take and pass the
8examination.
9(3) Any individual whose operating privilege has been
10recalled or canceled.
11(4) Any individual who has an unsatisfied judgment
12against the individual as the result of a motor vehicle
13operation, until the judgment has been satisfied under the
14provisions of section 1774 (relating to payments sufficient
15to satisfy judgments) or an installment agreement has been
16entered into to satisfy the judgment, as permitted under
17section 1772(b) (relating to suspension for nonpayment of
18judgments) or 1775 (relating to installment payment of
19judgments), and the financial responsibility of the person
20has been established.
21(5) Any individual applying for an ignition interlock
22limited license to operate a commercial motor vehicle.
23(6) Any individual if the department is disqualified
24from issuing the ignition interlock limited license under the
25Commercial Motor Vehicle Safety Act of 1986 (Title XII of
26Public Law 99-570, 49 U.S.C. app. § 2701 et seq.) or the
27Motor Carrier Safety Improvement Act of 1999 (Public Law 106-
28159, 113 Stat. 1748).
29(7) Any individual whose operating privilege has been
30suspended under section 1532(a.1) (relating to suspension of
1operating privilege) for conviction or adjudication of
2delinquency based on a violation of section 3732 (relating to
3homicide by vehicle) or 3735 (relating to homicide by vehicle
4while driving under influence).
5(e) Adjudication eligibility.--An individual who has been
6convicted of an offense under section 3802 shall be eligible to
7apply for and, if otherwise qualified, be issued an ignition
8interlock limited license upon conviction.
9(f) Suspension eligibility.--The following shall apply:
10(1) An individual whose license has been suspended under
11section 1547(b) shall be eligible to apply for and, if
12otherwise qualified, be issued an ignition interlock limited
13license under this section if the individual:
14(i) has served six months of the suspension imposed
15under section 1547(b)(1)(i); or
16(ii) has served nine months of the suspension
17imposed under section 1547(b)(1)(ii).
18(2) An individual whose license has been suspended under
19section 3804(e) (relating to penalties) shall be eligible to
20apply for and, if otherwise qualified, be issued an ignition
21interlock limited license under this section if the
22individual:
<-23(i) has served six months of the suspension imposed
24under section 3804(e)(2)(i); or
25(ii) has served nine months of the suspension
26imposed under section 3804 (e)(2)(ii).
27(3) An individual whose license has been suspended under
28section 3807(d) (related to Accelerated Rehabilitative
29Disposition) shall be eligible to apply for and, if otherwise
30qualified, be issued an ignition interlock limited license
1under this section if the suspension has been fully served.
<-2(i) has served three months of the suspension
3imposed under section 3804(e)(2)(i), where the individual
4has not had a prior offense, as defined under section
53806(a) (relating to prior offenses), within the past ten
6years;
7(ii) has served six months of the suspension imposed
8under section 3804(e)(2)(i); or
9(iii) has served nine months of the suspension
10imposed under section 3804(e)(2)(ii).
11(g) Credit against mandatory ignition interlock
12requirement.--Any period during which an individual holds a
13valid ignition interlock limited license under subsection (e) or
14(f) shall count on a day-for-day basis toward the mandatory
15period of ignition interlock usage imposed under the applicable
16subparagraphs of section 3805(b)(2) arising from the same
17incident.
18(h) Certification to the department.--If an individual
19applies for an ignition interlock limited license under this
20section, the department shall require that one or more motor
21vehicles owned or to be operated by the individual be equipped
22with a functioning ignition interlock system, as defined in
23section 3801, as a condition of issuing an ignition interlock
24limited license with an ignition interlock restriction.
25(i) Offenses committed during a period for which an ignition
26interlock limited license has been issued.--If the department
27receives a report of conviction of an offense for which the
28penalty is a cancellation, disqualification, recall, suspension
29or revocation of operating privileges or a report under section
303815(c)(4) (relating to mandatory sentencing) for any individual
1who has been issued an ignition interlock limited license, the
2department, at its sole discretion, shall either:
3(1) extend the term of the ignition interlock limited
4license for up to the original term for which the driver's
5license was suspended or revoked; or
6(2) recall the ignition interlock limited license and
7the individual shall surrender the limited license to the
8department or its agents designated under the authority of
9section 1540.
10(j) Restrictions.--
11(1) Pursuant to subsection (a)(2), an individual who has
12been issued an ignition interlock limited license shall
13operate only motor vehicles equipped with a functioning
14ignition interlock system, as defined in section 3801.
15(2) Any individual who violates the conditions of
16issuance or restrictions of the ignition interlock limited
17license commits a summary offense and shall, upon conviction,
18be sentenced to pay a fine of $200; and, upon receipt of a
19certified record of conviction, the department shall recall
20the limited license.
21(3) The operating privileges of an individual who has
22been issued an ignition interlock limited license remain
23under suspension or revocation, except when operating a motor
24vehicle in accordance with the conditions of issuance and
25restrictions of the ignition interlock limited license.
26(k) Appeal from denial or recall of ignition interlock
27limited license.--
28(1) Any individual who is denied an ignition interlock
29limited license or whose ignition interlock limited license
30is extended or recalled under subsection (i) may file with
1the department a petition for a hearing. The hearing shall be
2conducted in accordance with 2 Pa.C.S. (relating to
3administrative law and procedure).
4(2) The department may charge a reasonable fee based on
5the cost to the department for conducting the hearing.
6(3) The appeal shall not operate as an automatic
7supersedeas. If an administrative hearing officer orders a
8supersedeas in any appeal, the individual shall earn no
9credit toward serving the suspension for which the individual
10was granted an ignition interlock limited license.
11(4) An appeal from a decision of an administrative
12hearing officer may be taken in the manner provided in 42
13Pa.C.S. § 763(a) (relating to direct appeals from government
14agencies).
15(5) Appeals under this subsection are exempt from the
16provisions of section 1550(b) (relating to judicial review)
17and from the provisions of 42 Pa.C.S. § 933 (relating to
18appeals from government agencies).
<-19Section 3. Section 3801 of Title 75 is amended by adding a
20definition to read:
21§ 3801. Definitions.
22The following words and phrases when used in this chapter
23shall have the meanings given to them in this section unless the
24context clearly indicates otherwise:
25* * *
26"Ignition interlock limited license." A driver's license
27issued to an individual whose operating privileges are suspended
28or revoked for one or more violations of section 3802 (relating
29to driving under influence of alcohol or controlled substance)
30or 1547(b.1) (relating to chemical testing to determine amount
1of alcohol or controlled substance) requiring the individual to
2operate only motor vehicles equipped with a functioning ignition
3interlock system.
4* * *
5Section <-4 <-3. Section 3805(a), (b) and (c) of Title 75 are
6amended and the section is amended by adding <-subsections <-a
7subsection to read:
8§ 3805. Ignition interlock.
9(a) General rule.--If a person violates section 3802
10(relating to driving under influence of alcohol or controlled
11substance) [and, within the past ten years, has a prior offense
12as defined in section 3806(a) (relating to prior offenses)],
13except for a violation of section 3802(a) where the individual
14has not had a prior offense, as defined under section 3806(a)
15(relating to prior offenses), within the past ten years, or has
16had their operating privileges suspended pursuant to section
<-17[1547(b.1)<-] 1547 (relating to chemical testing to determine
18amount of alcohol or controlled substance) or 3808(c) (relating
19to illegally operating a motor vehicle not equipped with
20ignition interlock) and the person seeks a restoration of
21operating privileges, the department shall require as a
22condition of issuing a restricted license pursuant to this
23section that the following occur:
24(1) Each motor vehicle owned or to be operated by the
25person [or registered to the person] has been equipped with
26an ignition interlock system and remains so for the duration
27of the restricted license period.
28(2) If there are no motor vehicles owned or to be
29operated by the person or registered to the person that the
30person so certify to the department. [A person so certifying
1shall be deemed to have satisfied the requirement that all
2motor vehicles owned by the person or registered to the
3person be equipped with an ignition interlock system as
4required by this subsection.]
<-5(a.1) No license issued.--If the department receives the
6certification under subsection (a)(2) from a person, no license
7under this subsection shall be issued to the person.
8(b) Application for a restricted license.--A person subject
9to this section shall apply to the department for an ignition
10interlock restricted license under section 1951 (relating to
11driver's license and learner's permit), which shall be clearly
12marked to restrict the person to only driving, operating or
13being in actual physical control of the movement of motor
14vehicles equipped with an ignition interlock system. Upon
15issuance of an ignition interlock restricted license to any
16person, the department shall notify the person that until the
17person obtains an unrestricted license the person may not [own,
18register,] drive, operate or be in actual physical control of
19the movement of any motor vehicle which is not equipped with an
20ignition interlock system.
21(c) Issuance of unrestricted license.--One year from the
22date of issuance of an ignition interlock restricted license
23under this section, if otherwise eligible, a person may be
24issued a replacement license under section 1951(d) that does not
25contain the ignition interlock system restriction. The
26department shall not issue an unrestricted license until a
27person has presented all of the following:
28(1) Proof that the person has completed the ignition
29interlock restricted license period under this section.
30(2) Certification by the company that provided the
1ignition interlock device that the person has complied with
2subsection (h.2).
3* * *
4(h.2) Declaration of compliance.--Restrictions imposed under
5section 1556 shall remain in effect until the department
6receives a declaration from the person's ignition interlock
7device vendor, in a form provided or approved by the department,
8certifying that the following incidents have not occurred in the
9two consecutive months prior to the date entered on the
10certificate:
11(1) An attempt to start the vehicle with a breath
12alcohol concentration of 0.08 or more, not followed within
13five minutes by a subsequent attempt with a breath alcohol
14concentration lower than 0.08.
15(2) Failure to take or pass any required retest.
16(3) Failure of the person to appear at the ignition
17interlock system vendor when required for maintenance,
18repair, calibration, monitoring, inspection or replacement of
19the device such that the ignition interlock system no longer
20functions as required under subsection (h).
21* * *
22Section 5<- 4. Section 3808(c)(1) of Title 75 is amended to
23read:
24§ 3808. Illegally operating a motor vehicle not equipped with
25ignition interlock.
26* * *
27(c) Suspension of operating privilege.--Notwithstanding
28section 3805(c) and (i):
29(1) If a person who is required to only drive, operate
30or be in actual physical control of the movement of a motor
1vehicle equipped with an ignition interlock system violates
2this section, upon receipt of a certified record of the
3conviction, the department shall not issue a replacement
4license to the person under section 1951(d) (relating to
5driver's license and learner's permit) that does not contain
6an ignition interlock restriction for a period of one year
7from the date of conviction until the person has complied
8with the requirements of section 3805 (relating to ignition
9interlock).
10* * *
11Section 6 5. This act shall take effect in <-90 days <-15
12months.