PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 88]
Ignition Interlock
[34 Pa.B. 4885] The Department of Transportation (Department), under 75 Pa.C.S. §§ 3805 and 6103 (relating to ignition interlock; and promulgation of rules and regulations by department), proposes to amend Chapter 88 (relating to ignition interlock--statement of policy) to read as set forth in Annex A.
Purpose
The purpose of this proposed rulemaking is to provide standards and procedures for compliance with 75 Pa.C.S. § 3805 regarding the installation of ignition interlock systems on vehicles as a condition for the restoration of the driving privilege after serving suspension for DUI convictions.
Significant Provisions of this Proposed Rulemaking
Section 88.102 (relating to instillation of ignition interlock system) provides that a person subject to 75 Pa.C.S. § 3805 shall engage a provider to install the ignition interlock systems and identify all vehicles owned by or registered to the person. The provider is required to verify the information, install an interlock system on all vehicles owned by or registered to the person and certify to the Department that the installation has been completed. This section also describes the circumstances under which installation of an ignition interlock system is not required. The section also establishes requirements for securing a financial hardship exemption to permit installation of the ignition interlock system on only one vehicle.
Section 88.103 (relating to maintenance of ignition interlock system) requires that vehicles in which an ignition interlock system has been installed be made available for regularly scheduled maintenance and requires the provider to verify that the person has not acquired additional vehicles and that the person remains in compliance with 75 Pa.C.S. § 3805 and Chapter 88.
Section 88.104 (relating to removal of ignition interlock system) outlines when an ignition interlock system may be removed from a vehicle. Section 88.105 (relating to recall and reissuance of ignition interlock restricted license) provides that, upon notification of a person's noncompliance, the Department may recall the person's ignition interlock restricted license. Section 88.106 (relating to issuance of unrestricted license) provides the parameters for the issuance of an unrestricted license following the completion of the ignition interlock restricted license period, and the cancellation of that unrestricted license for subsequent violation.
Sections 88.107 and 88.108 (relating to issuance of license to a person restricted by another state; and ignition interlock for nonresidents) provide for the administration of the ignition interlock provisions with regard to out-of-State drivers and nonresidents.
Persons and Entities Affected
This proposed rulemaking affects drivers required to install an ignition interlock system on one or more of their vehicles under 75 Pa.C.S. § 3805.
Fiscal Impact
This proposed rulemaking will not require the expenditure of any significant additional funds by the Commonwealth. Providers of ignition interlock systems may incur additional costs in the maintenance of the systems and in monitoring and reporting driver compliance with the proposed rulemaking. These costs will be recouped in the installation and maintenance fee charged to the individual vehicle owners or lessees on whose vehicles an ignition interlock system is installed.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 24, 2004, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Date
The Department is not establishing a sunset date for this proposed rulemaking since it is needed to administer provisions required by 75 Pa.C.S. (relating to the Vehicle Code). The Department, however, will continue to closely monitor the regulations for effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Rebecca L. Bickley, Director, Bureau of Driver Licensing, 4th Floor, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104 within 30 days of publication of this notice in the Pennsylvania Bulletin.
Contact Person
The contact person for this proposed rulemaking is Anne P. Titler, Acting Manager, Driver Safety Division, Bureau of Driver Licensing, 4th Floor, Riverfront Office Center, 1101 S. Front Street, Harrisburg, PA 17104, (717) 783-4737.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-395. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE IV. LICENSING
CHAPTER 88. IGNITION INTERLOCK[--STATEMENT OF POLICY] (Editor's Note: As part of this proposed rulemaking, the Department is proposing to delete the text of §§ 88.1--88.8 (relating to ignition interlock--statement of policy), which appears at 67 Pa. Code pages 88-1--88-4, serial pages (302679) to (302682).)
§§ 88.1--88.8. (Reserved).
§ 88.101. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Department--The Department of Transportation of the Commonwealth.
Provider--A vendor or person who installs and monitors ignition interlock equipment and who has the authority to verify vehicle ownership through access to the Department's vehicle records system.
Unrestricted license--A replacement license issued under 75 Pa.C.S. § 1951(d) (relating to driver's license and learner's permit) that does not contain the ignition interlock restriction.
§ 88.102. Installation of ignition interlock system.
(a) General rule. A person subject to 75 Pa.C.S. § 3805 (relating to ignition interlock) who seeks a restoration of operating privileges shall engage a provider, at the person's own expense, to install the ignition interlock systems required under 75 Pa.C.S. § 3805, and otherwise ensure compliance with this chapter.
(b) Identification of owned vehicles. The person seeking a restoration of operating privilege under 75 Pa.C.S. § 3805 shall submit to the provider a certification, on a form provided by the Department, that identifies each motor vehicle owned by the person or registered to the person. A vehicle is considered registered to a person under this chapter if Department records reflect that the vehicle is registered to a person or the person is otherwise designated as the registrant of the vehicle or named as the lessee of the vehicle under 75 Pa.C.S. § 1305 (relating to application for registration). The provider shall verify the accuracy of the facts in the person's certification through an inquiry to the Department's motor vehicle records system.
(c) Installation and certification. The provider shall install an ignition interlock system on each motor vehicle owned by the person or registered to the person and shall certify to the Department that the installation has been completed.
(d) Installation not required. Installation of an ignition interlock system is not required in the following situations:
(1) No motor vehicles owned or registered. If the person certifies to the provider, on a form provided by the Department, that there are no motor vehicles owned by the person or registered to the person, installation is not required on any motor vehicle.
(2) Inoperable vehicles. If the person certifies to the provider, on a form provided by the Department, that a motor vehicle owned or registered to the person is inoperable, installation is not required on the inoperable vehicle.
(e) Verification. The provider shall verify the accuracy of a certification submitted under subsection (d)(1) and (2) through an inquiry to the Department's motor vehicle records system and shall certify to the Department that the person is in compliance with this subsection.
(f) Economic hardship exemption. A person will be exempt from the requirement to install an ignition interlock system on each of the person's motor vehicles if the person demonstrates that the requirement will result in undue financial hardship.
(1) Undue financial hardship must be demonstrated only by one of the following:
(i) Evidence on the person's most recently filed Federal Income Tax return showing an adjusted gross income below 200% of the poverty guidelines issued for that tax year by the United States Department of Health and Human Services for the person's family size.
(ii) Documentation of participation in a governmental assistance program included on a list of applicable programs published by the Department in the Pennsylvania Bulletin.
(2) The person shall submit to the provider an application for a hardship exemption on a form provided by the Department along with the required documentation.
(3) The provider shall review the required documentation to confirm that it meets the requirements of paragraph (1).
(4) The provider shall then install an ignition interlock system on only one vehicle owned by the person or registered to the person, forward the application to the Department and certify to the Department that the person has complied with this section.
§ 88.103. Maintenance of ignition interlock system.
(a) General rule. The person shall make any vehicles on which an ignition interlock system is installed available for regularly scheduled maintenance by the provider.
(b) Additional vehicles. As part of each regularly scheduled maintenance check of the ignition interlock system, the provider shall, through an inquiry to the Department's motor vehicle record's system, verify that no additional vehicles are owned by or registered to the person. Unless the person has been granted an economic hardship exemption under § 88.102(e) (relating to installation of ignition interlock system), if any additional vehicles are owned by or registered to the person, the provider shall, at the person's expense, install and maintain an ignition interlock system on the vehicles.
(c) Notification of noncompliance. If the person fails to comply with any provision of this section, the provider shall notify the Department of the person's noncompliance.
§ 88.104. Removal of ignition interlock system.
(a) General rule. An ignition interlock system installed in a motor vehicle under this chapter may not be removed from the vehicle unless one of the following occurs:
(1) The motor vehicle is no longer owned by or registered to the person who engaged the provider to install the ignition interlock system.
(2) The person has been issued an unrestricted license by the Department under 75 Pa.C.S. § 3805(c) (relating to ignition interlock).
(3) The provider has certified compliance with § 88.102(e) (relating to installation of ignition interlock system) to the Department and the provider has installed an ignition interlock system on another motor vehicle owned by the person or registered to the person.
(4) The person is no longer a resident of this Commonwealth and has been issued a valid license from the state of current residency.
(b) Unauthorized removal. If a person removes an ignition interlock system, or directs a provider to remove an ignition interlock system, under circumstances not provided for in this section, the provider shall notify the Department of the person's noncompliance.
§ 88.105. Recall and reissuance of ignition interlock restricted license.
(a) Recall. Upon receipt of notification from a provider of a person's noncompliance with any provision of this chapter, the Department may recall the person's ignition interlock restricted license.
(b) Reissuance. After receiving a new certification from a provider of compliance with this chapter by the person, the Department may reissue an ignition interlock restricted license to the person, and the person shall complete the balance of the ignition interlock restricted license period previously imposed before an unrestricted license will be issued.
§ 88.106. Issuance of unrestricted license.
(a) General rule. Upon completion of the ignition interlock restricted license period, a person who has been issued an ignition interlock restricted license may apply to the Department for issuance of an unrestricted license on a form provided by the Department.
(b) Pending charges. A person applying for an unrestricted license shall notify the Department on the application of any convictions and pending charges of illegally operating a motor vehicle not equipped with an ignition interlock, including all convictions and charges of tampering with an ignition interlock system, in violation of 75 Pa.C.S. § 3808 (relating to illegally operating a motor vehicle not equipped with ignition interlock), for a violation within the preceding 12 months. If the person notifies the Department of a pending charge, or of a conviction that has not yet been reported to and processed by the Department, the Department will deny the application.
(c) Cancellation of unrestricted license. If the Department receives or processes a record of a person's first conviction of violating 75 Pa.C.S. § 3808 after issuing an unrestricted license to the person, the Department will cancel the person's unrestricted license and will issue an ignition interlock restricted license to the person after receiving a new certification from a provider of the person's compliance with this chapter.
§ 88.107. Issuance of license to a person restricted by another state.
A person who has been issued a license with an ignition interlock restriction by another state, and who is otherwise eligible for issuance of a license under 75 Pa.C.S. § 1508(b) (relating to examination of applicant for driver's license), may apply for an ignition interlock restricted license from the Department in accordance with this chapter. The person shall become eligible for issuance of an unrestricted license only after serving an ignition interlock restricted license period of 1 year. If the person can provide documentation from the state that initially imposed the ignition interlock restriction satisfactory to the Department showing the amount of time that the person has been subject to the ignition interlock restriction, the person will be given credit against the ignition interlock restricted license period imposed with the Pennsylvania license.
§ 88.108. Ignition interlock for nonresidents.
A person who is required to comply with 75 Pa.C.S. § 3805 (relating to ignition interlock), but is not a resident of this Commonwealth at the time when the person seeks a restoration of operating privileges, shall submit an affidavit and supporting documents to the Department indicating the person's state of residence. If the Department determines that the person is not a resident of this Commonwealth and the person has met all other restoration requirements, the person's driving privilege may be restored. If, however, the person should become a resident of this Commonwealth during the ignition interlock restricted license period, the person will not be issued an unrestricted license until the person complies with 75 Pa.C.S. § 3805 and this chapter.
[Pa.B. Doc. No. 04-1633. Filed for public inspection September 3, 2004, 9:00 a.m.]
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