HB 1862 — An Act amending Titles 35 (Health and Safety), 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in licensing of drivers, further providing for chemical testing to determine amount of alcohol or controlled substance and repealing provisions relating to ignition interlock limited license; in driving after imbibing alcohol or utilizing drugs, further providing for definitions and for ignition interlock, providing for ignition interlock driver's license, for ignition interlock driver's license issued during suspension period and for online services for ignition interlock driver's license and further providing for prior offenses, for the offense of illegally operating a motor vehicle not equipped with ignition interlock and for requirements for driving under influence offenders; and making editorial changes.

PRINTER'S NO.   2309

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1862
                                                Session of
                                                  2025

     INTRODUCED BY NEILSON, BENNINGHOFF, McNEILL, GIRAL, HILL-EVANS,
        MADDEN, PICKETT, SANCHEZ, COOK, CERRATO, CEPEDA-FREYTIZ,
        MALAGARI, HADDOCK, D. WILLIAMS, HOHENSTEIN, MENTZER, GREEN,
        CIRESI, DOUGHERTY AND BERNSTINE, SEPTEMBER 12, 2025

     REFERRED TO COMMITTEE ON TRANSPORTATION, SEPTEMBER 15, 2025


                                    AN ACT
 1   Amending Titles 35 (Health and Safety), 42 (Judiciary and
 2      Judicial Procedure) and 75 (Vehicles) of the Pennsylvania
 3      Consolidated Statutes, in general provisions, further
 4      providing for definitions; in licensing of drivers, further
 5      providing for chemical testing to determine amount of alcohol
 6      or controlled substance and repealing provisions relating to
 7      ignition interlock limited license; in driving after imbibing
 8      alcohol or utilizing drugs, further providing for definitions
 9      and for ignition interlock, providing for ignition interlock
10      driver's license, for ignition interlock driver's license
11      issued during suspension period and for online services for
12      ignition interlock driver's license and further providing for
13      prior offenses, for the offense of illegally operating a
14      motor vehicle not equipped with ignition interlock and for
15      requirements for driving under influence offenders; and
16      making editorial changes.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    Section 8137(c.1) of Title 35 of the Pennsylvania
20   Consolidated Statutes is amended to read:
21   § 8137.    First aid and other services.
22      * * *
23      (c.1)    Blood draw services.--A paramedic may provide
24   assistance to law enforcement upon request to perform a legal
 1   blood draw on behalf of the agency from persons suspected of
 2   violating 75 Pa.C.S. § 1543(b)(1.1) (relating to driving while
 3   operating privilege is suspended or revoked), 3735 (relating to
 4   homicide by vehicle while driving under influence), 3735.1
 5   (relating to aggravated assault by vehicle while driving under
 6   the influence), 3802 (relating to driving under influence of
 7   alcohol or controlled substance) or 3808(a)(2) (relating to
 8   illegally operating a motor vehicle not equipped with ignition
 9   interlock device). Services provided under this subsection shall
10   be considered to be within the paramedic's scope of practice. An
11   agency vehicle may be utilized to provide the services under
12   this subsection if the agency has implemented policies to ensure
13   that EMS will not be unavailable when an ambulance is needed for
14   a 911 dispatch. An agency may enter into an agreement with law
15   enforcement to provide blood draw services under this
16   subsection. A paramedic performing a legal blood draw service
17   within the paramedic's scope of practice under this section
18   shall maintain the same liability protections provided for under
19   this chapter. It shall be permissible for a court to allow a law
20   enforcement officer who witnessed the blood draw to testify as
21   to the chain of custody in place of the paramedic who drew the
22   blood.
23      * * *
24      Section 2.    Sections 1515(a)(5.1) and 1725.3(a) of Title 42
25   are amended to read:
26   § 1515.    Jurisdiction and venue.
27      (a)    Jurisdiction.--Except as otherwise prescribed by general
28   rule adopted pursuant to section 503 (relating to reassignment
29   of matters), magisterial district judges shall, under procedures
30   prescribed by general rule, have jurisdiction of all of the

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 1   following matters:
 2            * * *
 3            (5.1)   Offenses under 75 Pa.C.S. § 3808 (relating to
 4      illegally operating a motor vehicle not equipped with
 5      ignition interlock device).
 6            * * *
 7   § 1725.3.   Criminal laboratory and paramedic user fee.
 8      (a)   Imposition.--A person who is placed on probation without
 9   verdict pursuant to section 17 of the act of April 14, 1972
10   (P.L.233, No.64), known as The Controlled Substance, Drug,
11   Device and Cosmetic Act, or who receives Accelerated
12   Rehabilitative Disposition or who pleads guilty to or nolo
13   contendere to or who is convicted of a crime as defined in 18
14   Pa.C.S. § 106 (relating to classes of offenses) or 75 Pa.C.S. §
15   1543(b)(1.1) (relating to driving while operating privilege is
16   suspended or revoked) or 3802 (relating to driving under
17   influence of alcohol or controlled substance) or 3735 (relating
18   to homicide by vehicle while driving under influence) or 3735.1
19   (relating to aggravated assault while driving under the
20   influence) or 3808(a)(2) (relating to illegally operating a
21   motor vehicle not equipped with ignition interlock device) or a
22   violation of The Controlled Substance, Drug, Device and Cosmetic
23   Act shall, in addition to any fines, penalties or costs, in
24   every case where laboratory services were required to prosecute
25   the crime or violation, be sentenced to pay a criminal
26   laboratory or paramedic user fee which shall include, but not be
27   limited to, the cost of sending a laboratory technician or
28   paramedic to court proceedings.
29      * * *
30      Section 3.    The definition of "ignition interlock limited

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 1   license" in section 102 of Title 75 is amended to read:
 2   § 102.    Definitions.
 3      Subject to additional definitions contained in subsequent
 4   provisions of this title which are applicable to specific
 5   provisions of this title, the following words and phrases when
 6   used in this title shall have, unless the context clearly
 7   indicates otherwise, the meanings given to them in this section:
 8      * * *
 9      ["Ignition interlock limited license."    A driver's license
10   issued to an individual whose operating privilege is suspended
11   or revoked for one or more violations under section 1547
12   (relating to chemical testing to determine amount of alcohol or
13   controlled substance) or 3802 (relating to driving under
14   influence of alcohol or controlled substance) or under former
15   section 3731 (relating to driving under influence of alcohol or
16   controlled substance) or a violation substantially similar to a
17   violation under section 3802 or former section 3731 in another
18   jurisdiction, requiring the individual to operate only motor
19   vehicles equipped with a functioning ignition interlock system.]
20      * * *
21      Section 4.    Sections 1541(a.1), 1542(b)(1.1), 1547(a)
22   introductory paragraph and (b.2)(2) of Title 75 are amended to
23   read:
24   § 1541.    Period of disqualification, revocation or suspension of
25                operating privilege.
26      * * *
27      (a.1)    Credit toward serving period of suspension for certain
28   violations.--Credit toward serving the period of suspension or
29   revocation imposed for sections 1543(b)(1.1) (relating to
30   driving while operating privilege is suspended or revoked), 3732

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 1   (relating to homicide by vehicle), 3735 (relating to homicide by
 2   vehicle while driving under influence), 3735.1 (relating to
 3   aggravated assault by vehicle while driving under the
 4   influence), 3742 (relating to accidents involving death or
 5   personal injury), 3802 (relating to driving under influence of
 6   alcohol or controlled substance) and 3808(a)(2) (relating to
 7   illegally operating a motor vehicle not equipped with ignition
 8   interlock device) shall not commence until the date of the
 9   person's release from prison.
10      * * *
11   § 1542.    Revocation of habitual offender's license.
12      * * *
13      (b)    Offenses enumerated.--Three convictions arising from
14   separate acts of any one or more of the following offenses
15   committed by any person shall result in such person being
16   designated as a habitual offender:
17             * * *
18             (1.1)   Any violation of Chapter 38 (relating to driving
19      after imbibing alcohol or utilizing drugs) except for
20      sections 3808(a)(1) and (b) (relating to illegally operating
21      a motor vehicle not equipped with ignition interlock device)
22      and 3809 (relating to restriction on alcoholic beverages).
23             * * *
24   § 1547.    Chemical testing to determine amount of alcohol or
25                 controlled substance.
26      (a)    General rule.--Any person who drives, operates or is in
27   actual physical control of the movement of a vehicle in this
28   Commonwealth shall be deemed to have given consent to one or
29   more chemical tests of breath or blood for the purpose of
30   determining the alcoholic content of blood or the presence of a

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 1   controlled substance if a police officer has reasonable grounds
 2   to believe the person to have been driving, operating or in
 3   actual physical control of the movement of a vehicle in
 4   violation of section 1543(b)(1.1) (relating to driving while
 5   operating privilege is suspended or revoked), 3802 (relating to
 6   driving under influence of alcohol or controlled substance) or
 7   3808(a)(2) (relating to illegally operating a motor vehicle not
 8   equipped with ignition interlock device).
 9      * * *
10      (b.2)      Restoration fees.--
11            * * *
12            (2)    All restoration fees imposed under this section must
13      be paid prior to the reinstatement of an individual's
14      unrestricted operating privilege [or in accordance with
15      section 1556(b)(3) (relating to ignition interlock limited
16      license)].
17      * * *
18      Section 5.        Section 1556 of Title 75 is repealed:
19   [§ 1556.      Ignition interlock limited license.
20      (a)     Issuance.--
21            (1)    The department shall issue an ignition interlock
22      limited license under this section to an individual whose
23      operating privileges have been suspended or revoked for:
24                  (i)    a violation under section 3802 (relating to
25            driving under influence of alcohol or controlled
26            substance) or under former section 3731 (relating to
27            driving under influence of alcohol or controlled
28            substance) or a violation substantially similar to a
29            violation under this paragraph in another jurisdiction;
30            or

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 1                (ii)   a refusal to submit to chemical testing under
 2          section 1547 (relating to chemical testing to determine
 3          amount of alcohol or controlled substance).
 4          (2)   The department shall issue an ignition interlock
 5    limited license under the provisions of this section only
 6    upon receiving proof that any motor vehicle to be operated by
 7    the individual has been equipped with an approved ignition
 8    interlock system as defined in section 3801 (relating to
 9    definitions) as a condition of issuing an ignition interlock
10    limited license. Any vehicle to be operated by the
11    individual, during any period in which the individual holds a
12    valid ignition interlock limited license, must be equipped
13    with an ignition interlock system.
14          (3)   An ignition interlock limited license issued under
15    the provisions of this section permits an individual to
16    operate motor vehicles equipped with a functioning ignition
17    interlock system, as defined in section 3801.
18          (4)   Any period in which an individual holds a valid
19    ignition interlock limited license under this section shall
20    be counted toward satisfaction of any mandatory period of
21    ignition interlock use imposed under section 3805 (relating
22    to ignition interlock) arising from the same incident.
23    (b)   Petition.--
24          (1)   An applicant for an ignition interlock limited
25    license shall file a petition with the department, by
26    certified mail, on a form prescribed by the department, and
27    shall include proof that an approved ignition interlock
28    system, as defined in section 3801, has been installed in one
29    or more motor vehicles that the applicant seeks permission to
30    operate.

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 1        (2)   The petition shall also include proof of financial
 2    responsibility covering each vehicle the applicant requests
 3    to be permitted to operate. The department shall promulgate
 4    regulations to require additional information as well as
 5    additional evidence to verify the information contained in
 6    the petition.
 7        (3)   The applicant shall surrender the applicant's
 8    driver's license in accordance with section 1540 (relating to
 9    surrender of license). If the applicant's driver's license
10    has been lost or stolen, the applicant shall submit an
11    application for a replacement license, along with the proper
12    fee. If the applicant is a nonresident licensed driver, the
13    applicant shall submit an acknowledgment of suspension in
14    lieu of a driver's license. If the applicant's license has
15    expired, the applicant shall submit an application for
16    renewal, along with the appropriate fee. All fines and costs
17    must be paid at the time of petition unless the applicant is
18    currently on a payment plan. Restoration fees required under
19    section 1960 (relating to reinstatement of operating
20    privilege or vehicle registration) must be paid at the time
21    of petition. Restoration fees required under section
22    1547(b.2) must be paid as follows:
23              (i)    One-half of the amount must be paid at the time
24        of petition.
25              (ii)   The remaining amount must be paid at the time
26        of application for an unrestricted driver's license.
27        (4)   Consistent with the provisions of this section, if
28    the applicant is qualified, the department shall issue an
29    ignition interlock limited license within 20 days of receipt
30    of the petition and all other requirements for issuance.

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 1      (c)   Fee.--The application fee for an ignition interlock
 2   limited license shall be $65. This fee shall be nonrefundable.
 3      (d)   Unauthorized issuance.--The department shall prohibit
 4   issuance of an ignition interlock limited license to:
 5            (1)   Any individual who is not licensed to drive by the
 6      Commonwealth or any other state.
 7            (2)   Any individual who is required by this title to take
 8      an examination and who has failed to take and pass the
 9      examination.
10            (3)   Any individual whose operating privilege has been
11      recalled or canceled.
12            (4)   Any individual who has an unsatisfied judgment
13      against the individual as the result of a motor vehicle
14      operation, until the judgment has been satisfied under the
15      provisions of section 1774 (relating to payments sufficient
16      to satisfy judgments) or an installment agreement has been
17      entered into to satisfy the judgment, as permitted under
18      section 1772(b) (relating to suspension for nonpayment of
19      judgments) or 1775 (relating to installment payment of
20      judgments), and the financial responsibility of the person
21      has been established.
22            (5)   Any individual applying for an ignition interlock
23      limited license to operate a commercial motor vehicle.
24            (6)   Any individual if the department is disqualified
25      from issuing the ignition interlock limited license under the
26      Commercial Motor Vehicle Safety Act of 1986 (Title XII of
27      Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the Motor
28      Carrier Safety Improvement Act of 1999 (Public Law 106-159,
29      113 Stat. 1748).
30            (7)   Any individual whose operating privilege has been

20250HB1862PN2309                    - 9 -
 1      suspended under section 1532(a.1) (relating to suspension of
 2      operating privilege) for conviction or adjudication of
 3      delinquency based on a violation of section 3732 (relating to
 4      homicide by vehicle) or 3735 (relating to homicide by vehicle
 5      while driving under influence).
 6      (e)   Adjudication eligibility.--An individual whose operating
 7   privilege has been suspended or revoked for a conviction of an
 8   offense under section 3802 or under former section 3731 or an
 9   offense substantially similar to an offense under section 3802
10   or former section 3731 in another jurisdiction shall be eligible
11   to apply for and, if otherwise qualified, be issued an ignition
12   interlock limited license upon receipt of notice of the
13   suspension or revocation.
14      (f)   Suspension eligibility.--The following shall apply:
15            (1)   An individual whose license has been suspended under
16      section 1547(b) shall be eligible to apply for and, if
17      otherwise qualified, be issued an ignition interlock limited
18      license under this section if the individual:
19                  (i)    has served six months of the suspension imposed
20            under section 1547(b)(1)(i); or
21                  (ii)    has served nine months of the suspension
22            imposed under section 1547(b)(1)(ii).
23            (2)   An individual whose license has been suspended under
24      section 3804(e) (relating to penalties) shall be eligible to
25      apply for and, if otherwise qualified, be issued an ignition
26      interlock limited license under this section if the
27      individual:
28                  (i)    has not had a prior offense, as defined under
29            section 3806 (relating to prior offenses). The individual
30            shall be immediately eligible for a suspension imposed

20250HB1862PN2309                       - 10 -
 1            under section 3804(e)(2)(i);
 2                  (ii)    has served six months of the suspension imposed
 3            under section 3804(e)(2)(i); or
 4                  (iii)   has served nine months of the suspension
 5            imposed under section 3804(e)(2)(ii).
 6            (3)   An individual whose license has been suspended under
 7      section 3807(d) (relating to Accelerated Rehabilitative
 8      Disposition) shall be eligible, but not required, to apply
 9      for and, if otherwise qualified, be issued an ignition
10      interlock limited license under this section for the duration
11      of the suspension.
12      (g)   Duration.--An individual may hold a valid ignition
13   interlock limited license under this section for the duration of
14   the mandatory period of ignition interlock usage imposed under
15   section 3805 arising from the same incident.
16      (h)   Required proof.--The department shall issue an ignition
17   interlock limited license under the provisions of this section
18   only upon receiving proof that any motor vehicle to be operated
19   by the individual has been equipped with an approved ignition
20   interlock system as defined in section 3801 as a condition of
21   issuing an ignition interlock limited license. Any vehicle to be
22   operated by the individual, during any period in which the
23   individual holds a valid ignition interlock limited license,
24   must be equipped with an ignition interlock system.
25      (i)   Offenses reported during a period for which an ignition
26   interlock limited license has been issued.--If the department
27   receives a report of an offense for which the penalty is a
28   cancellation, disqualification, recall, suspension or revocation
29   of operating privileges or a report under section 3815(c)(4)
30   (relating to mandatory sentencing) for any individual who has

20250HB1862PN2309                       - 11 -
 1   been issued an ignition interlock limited license, the
 2   department, at its sole discretion, shall either:
 3            (1)   extend the term of the ignition interlock limited
 4      license for up to the original term for which the driver's
 5      license was suspended or revoked; or
 6            (2)   recall the ignition interlock limited license, and
 7      the individual shall surrender the limited license to the
 8      department or its agents designated under the authority of
 9      section 1540.
10      (j)   Restrictions.--
11            (1)   Pursuant to subsection (a)(2), an individual who has
12      been issued an ignition interlock limited license shall
13      operate only motor vehicles equipped with a functioning
14      ignition interlock system, as defined in section 3801.
15            (2)   The operating privileges of an individual who has
16      been issued an ignition interlock limited license remain
17      under suspension or revocation, except when operating a motor
18      vehicle in accordance with the conditions of issuance and
19      restrictions of the ignition interlock limited license.
20      (k)   Employment exemption.--If a person with an ignition
21   interlock limited license is required in the course and scope of
22   employment to drive, operate or be in actual physical control of
23   the movement of a motor vehicle owned by the person's employer,
24   the following apply:
25            (1)   except as set forth in paragraph (2), the person may
26      drive, operate or be in actual physical control of the
27      movement of that motor vehicle in the course and scope of
28      employment without installation of an ignition interlock
29      system if:
30                  (i)   the employer has been notified that the employee

20250HB1862PN2309                      - 12 -
 1            is restricted; and
 2                   (ii)    the employee has proof of the notification in
 3            the employee's possession while driving, operating or
 4            being in actual physical control of the movement of the
 5            employer's motor vehicle. Proof of the notification may
 6            be established only by the notarized signature of the
 7            employer acknowledging notification on a form which shall
 8            be provided by the department for this purpose and shall
 9            include a contact telephone number of the employer.
10            (2)    Paragraph (1) does not apply in any of the following
11      circumstances:
12                   (i)    To the extent that an employer-owned motor
13            vehicle is made available to the employee for personal
14            use.
15                   (ii)    If the employer-owned motor vehicle is owned by
16            an entity which is wholly or partially owned or
17            controlled by the person subject to this section.
18                   (iii)    If the employer-owned motor vehicle is a
19            school bus, a school vehicle or a vehicle designed to
20            transport more than 15 passengers, including the driver.
21      (l)   Appeal from denial or recall of ignition interlock
22   limited license.--
23            (1)    Any individual who is denied an ignition interlock
24      limited license or whose ignition interlock limited license
25      is extended or recalled under subsection (i) may file with
26      the department a petition for a hearing. The hearing shall be
27      conducted in accordance with 2 Pa.C.S. (relating to
28      administrative law and procedure).
29            (2)    The department may charge a reasonable fee based on
30      the cost to the department for conducting the hearing.

20250HB1862PN2309                        - 13 -
 1             (3)   The appeal shall not operate as an automatic
 2      supersedeas. If an administrative hearing officer orders a
 3      supersedeas in any appeal, the individual shall earn no
 4      credit toward serving the suspension for which the individual
 5      was granted an ignition interlock limited license.
 6             (4)   An appeal from a decision of an administrative
 7      hearing officer may be taken in the manner provided in 42
 8      Pa.C.S. § 763(a) (relating to direct appeals from government
 9      agencies).
10             (5)   Appeals under this subsection are exempt from the
11      provisions of section 1550(b) (relating to judicial review)
12      and from the provisions of 42 Pa.C.S. § 933 (relating to
13      appeals from government agencies).]
14      Section 6.     Sections 3801 and 3805 of Title 75 are amended to
15   read:
16   § 3801.    Definitions.
17      The following words and phrases when used in this chapter
18   shall have the meanings given to them in this section unless the
19   context clearly indicates otherwise:
20      "Adult."     An individual who is at least 21 years of age.
21      "Ignition interlock [system] device."     A [system] device
22   approved by the department, the approval of which is published
23   as a notice by the Legislative Reference Bureau in the
24   Pennsylvania Bulletin under section 3805(h) (relating to
25   ignition interlock), which prevents a vehicle from being started
26   or operated unless the operator first provides a breath sample
27   indicating that the operator has an alcohol level less than
28   0.025%.
29      "Minor."     An individual who is under 21 years of age.
30   § 3805.    Ignition interlock.

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 1      (a)   General rule.--Except as provided under subsection
 2   (a.1), if a person violates section 3802 (relating to driving
 3   under influence of alcohol or controlled substance) and has had
 4   the person's operating privilege suspended or has had [their]
 5   the person's operating privileges suspended pursuant to section
 6   1547 (relating to chemical testing to determine amount of
 7   alcohol or controlled substance) [or 3808(c) (relating to
 8   illegally operating a motor vehicle not equipped with ignition
 9   interlock)] and the person seeks a restoration of operating
10   privileges, the department shall require as a condition of
11   [issuing a restricted license pursuant to this section]
12   restoration that the following occur:
13            (1)    Any motor vehicle [to be] operated by the
14      [individual has been] person is equipped with an ignition
15      interlock [system and remains so for the duration of the
16      restricted license period] device.
17            [(2)    If there are no motor vehicles owned or to be
18      operated by the person or registered to the person that the
19      person so certify to the department in accordance with the
20      department's regulations.]
21            (3)    The person complies with section 3805.1(a) (relating
22      to ignition interlock driver's license).
23      (a.1)   Exception.--Subsection (a) shall not apply to [an
24   individual] a person who meets [all] any of the following:
25            (1)    Is subject to the penalties under section 3804(a)(1)
26      (relating to penalties) [or subject to mandatory suspension
27      of operating privilege under section 3807(d) (relating to
28      Accelerated Rehabilitative Disposition).] and has not had a
29      prior offense as defined under section 3806 (relating to
30      prior offenses).

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 1             (1.1)   Is subject to mandatory suspension of operating
 2      privileges under section 3807(d) (relating to Accelerated
 3      Rehabilitative Disposition).
 4             (2)   Has not had a prior offense, as defined under
 5      section 3806 [(relating to prior offenses).] and certifies on
 6      a form provided by the department that the person does not
 7      own and has not registered a motor vehicle.
 8      [(b)    Application for a restricted license.--A person subject
 9   to this section shall apply to the department for an ignition
10   interlock restricted license under section 1951 (relating to
11   driver's license and learner's permit), which shall be clearly
12   marked to restrict the person to only driving, operating or
13   being in actual physical control of the movement of motor
14   vehicles equipped with an ignition interlock system. Upon
15   issuance of an ignition interlock restricted license to any
16   person, the department shall notify the person that until the
17   person obtains an unrestricted license the person may not drive,
18   operate or be in actual physical control of the movement of any
19   motor vehicle which is not equipped with an ignition interlock
20   system.
21      (c)    Issuance of unrestricted license.--One year from the
22   date of issuance of an ignition interlock restricted license
23   under this section, if otherwise eligible, a person may be
24   issued a replacement license under section 1951(d) that does not
25   contain the ignition interlock system restriction. The
26   department shall not issue an unrestricted license until a
27   person has presented all of the following:
28             (1)   Proof that the person has completed the ignition
29      interlock restricted license period under this section.
30             (2)   Certification by the vendor that provided the

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 1      ignition interlock device that the person has complied with
 2      subsection (h.2).
 3      (d)     Prohibition.--Except as set forth in subsections (e) and
 4   (f), until the person obtains an unrestricted license, the
 5   person may not own, register, drive, operate or be in actual
 6   physical control of the movement of any motor vehicle within
 7   this Commonwealth unless the motor vehicle is equipped with an
 8   ignition interlock system.
 9      (e)     Economic hardship exemption.--A person subject to the
10   requirements of subsection (a) may apply to the department for a
11   hardship exemption to the requirement that an ignition interlock
12   system must be installed in each of the person's motor vehicles.
13   Where the department determines that the applicant establishes
14   that such a requirement would result in undue financial
15   hardship, the department may permit the applicant to install an
16   ignition interlock system on only one of the applicant's motor
17   vehicles. However, the applicant in accordance with section 3808
18   (relating to illegally operating a motor vehicle not equipped
19   with ignition interlock) shall be prohibited from driving,
20   operating or being in actual physical control of the movement of
21   any motor vehicle, including any of the applicant's motor
22   vehicles, which is not equipped with an ignition interlock
23   system.]
24      (e.1)    Term of ignition interlock.--The ignition interlock
25   requirement under this section shall be for one year from the
26   date the operating privilege has been restored from the
27   suspension imposed under section 1547 or 3804. Credit toward
28   satisfaction of the one-year requirement shall be counted as
29   provided for under section 3805.2(a)(2) and (4) (relating to
30   ignition interlock driver's license issued during suspension

20250HB1862PN2309                    - 17 -
 1   period).
 2      (e.2)    Offenses committed as part of one incident.--When a
 3   person receives an operating privilege suspension for violating
 4   section 3802(a), (b), (c) or (d) and for refusing to submit to
 5   testing under section 1547 as a result of the same incident, the
 6   person shall have only one one-year term of ignition interlock
 7   requirement under subsection (e.1) and shall be permitted to
 8   hold an ignition interlock driver's license during the term of
 9   that requirement. The person shall have the option to apply for
10   an ignition interlock driver's license in accordance with
11   section 3805.2 for the suspensions imposed for both the
12   violation under section 3802 and the refusal to submit to
13   testing under section 1547.
14      (f)     Employment exemption.--If a person with [a restricted]
15   an ignition interlock driver's license is required in the course
16   and scope of employment to drive, operate or be in actual
17   physical control of the movement of a motor vehicle owned by the
18   person's employer, the following apply:
19            (1)   Except as set forth in paragraph (2), the person may
20      drive, operate or be in actual physical control of the
21      movement of that motor vehicle in the course and scope of
22      employment without installation of an ignition interlock
23      [system] device if:
24                  (i)    the employer has been notified that the employee
25            [is restricted] has an ignition interlock requirement;
26            and
27                  (ii)   the employee has proof of the notification in
28            the employee's possession while driving, operating or
29            being in actual physical control of the movement of the
30            employer's motor vehicle. Proof of the notification may

20250HB1862PN2309                       - 18 -
 1            be established only by the notarized signature of the
 2            employer acknowledging notification on a form which shall
 3            be provided by the department for this purpose and shall
 4            include a contact telephone number of the employer.
 5            (2)    Paragraph (1) does not apply in any of the following
 6      circumstances:
 7                   (i)    To the extent that an employer-owned motor
 8            vehicle is made available to the employee for personal
 9            use.
10                   (ii)    If the employer-owned motor vehicle is owned by
11            an entity which is wholly or partially owned or
12            controlled by the person subject to this section.
13                   (iii)    If the employer-owned motor vehicle is a
14            school bus; a school vehicle; or a vehicle designed to
15            transport more than 15 passengers, including the driver.
16      (g)   Prohibition of authorization.--This section shall not
17   give the department authorization to impose an ignition
18   interlock requirement on a person that has committed an offense
19   under former section 3731 prior to October 1, 2003, without the
20   issuance of a court order.
21      (h)   Department approval.--An ignition interlock [system]
22   device required to be installed under this title must be a
23   [system] device which has been approved by the department. The
24   [department's approval of ignition interlock systems shall be
25   published in] department shall transmit a notice of the
26   department's approval to the Legislative Reference Bureau for
27   publication in the next available issue of the Pennsylvania
28   Bulletin. [Systems] Devices approved for use under former 42
29   Pa.C.S. § 7002(d) (relating to ignition interlock systems for
30   driving under the influence) and any contracts for the

20250HB1862PN2309                        - 19 -
 1   installation, maintenance and inspection of the [systems]
 2   devices in effect as of the effective date of this section shall
 3   continue to be approved and in effect until the department again
 4   [publishes] transmits notice of the department's approval of
 5   ignition interlock [systems in] devices to the Legislative
 6   Reference Bureau for publication in the next available issue of
 7   the Pennsylvania Bulletin and enters into new contracts in
 8   support of the [systems] devices.
 9      (h.1)   Mobile installation services.--
10          (1)   Approved service providers of department-certified
11      manufacturers of ignition interlock [systems] devices shall
12      be permitted to provide mobile installation of ignition
13      interlock [systems] devices within this Commonwealth.
14          (2)   Mobile installation of ignition interlock [systems]
15      devices shall be held to the same security and procedural
16      standards as provided in specifications of the department.
17          (3)   Approved service providers of mobile installation of
18      ignition interlock [systems] devices shall not permit the
19      program participant or any unauthorized personnel to witness
20      the installation of the ignition interlock [system] device.
21          (4)   Regular maintenance of ignition [interlocks]
22      interlock devices after mobile installation shall be
23      performed according to the specifications established by the
24      department.
25      (h.2)   Declaration of compliance.--[Restrictions imposed
26   under section 1556 (relating to ignition interlock limited
27   license)] The requirement to have an ignition interlock device
28   under subsection (a) shall remain in effect until the department
29   receives a declaration of compliance from the person's ignition
30   interlock device vendor, in a form provided [or approved] by the

20250HB1862PN2309                  - 20 -
 1   department, certifying that the following incidents have not
 2   occurred in the [two consecutive months] 60 days prior to the
 3   date entered on the certificate, and for the purposes of a
 4   suspension imposed under section 3807(d)(2), the person's
 5   ignition interlock device vendor shall certify the following
 6   incidents have not occurred in the prior 30 days entered on the
 7   certificate:
 8             (1)   An attempt to start the vehicle with a breath
 9      alcohol concentration of 0.08% or more, not followed within
10      10 minutes by a subsequent attempt with a breath alcohol
11      concentration lower than 0.08%.
12             (2)   Failure to take or pass any required retest.
13             (3)   Failure of the person to appear at the ignition
14      interlock [system] device vendor when required for
15      maintenance, repair, calibration, monitoring, inspection or
16      replacement of the ignition interlock device such that the
17      ignition interlock [system] device no longer functions as
18      required under subsection (h).
19      [(i)    Offenses committed during a period for which an
20   ignition interlock restricted license has been issued.--Except
21   as provided in sections 1547(b.1) and 3808(c) (relating to
22   illegally operating a motor vehicle not equipped with ignition
23   interlock), any driver who has been issued an ignition interlock
24   restricted license and as to whom the department receives a
25   certified record of a conviction of an offense for which the
26   penalty is a cancellation, disqualification, recall, suspension
27   or revocation of operating privileges shall have the ignition
28   interlock restricted license recalled, and the driver shall
29   surrender the ignition interlock restricted license to the
30   department. Following the completion of the cancellation,

20250HB1862PN2309                     - 21 -
 1   disqualification, recall, suspension or revocation which
 2   resulted in the recall of the ignition interlock restricted
 3   license, the department shall require that the person complete
 4   the balance of the ignition interlock restricted license period
 5   previously imposed prior to the issuance of a replacement
 6   license under section 1951(d) that does not contain an ignition
 7   interlock restriction.]
 8      (j)   Notification of incident.--If an incident under
 9   subsection (h.2)(1), (2) or (3) occurs in the 60-day or 30-day
10   period prior to the date entered on the declaration of
11   compliance, the ignition interlock device vendor shall notify
12   the department of the incident in a form provided by the
13   department, and the department shall notify the person of the
14   incident and that the ignition interlock device usage shall
15   continue until no incidents have occurred within a 60-day or 30-
16   day period.
17      Section 7.      Title 75 is amended by adding sections to read:
18   § 3805.1.      Ignition interlock driver's license.
19      (a)   Application.--A person subject to section 3805 (relating
20   to ignition interlock) may apply to the department for an
21   ignition interlock driver's license, subject to the fee imposed
22   under section 1951 (relating to driver's license and learner's
23   permit). A person may apply for a license:
24            (1)    through the online portal maintained by the
25      department under section 3805.3 (relating to online services
26      for ignition interlock driver's license);
27            (2)    by certified mail; or
28            (3)    at a driver's license center location selected by
29      the department that serves a region of this Commonwealth.
30      (b)   Conditions.--The ignition interlock driver's license

20250HB1862PN2309                     - 22 -
 1   shall be clearly marked to indicate the person may only drive,
 2   operate or be in actual physical control of the movement of
 3   motor vehicles equipped with an ignition interlock device. Upon
 4   issuance of an ignition interlock driver's license to any
 5   person, the department shall notify the person that until the
 6   person obtains a replacement driver's license that does not
 7   contain an ignition interlock designation, the person may not
 8   drive, operate or be in actual physical control of the movement
 9   of any motor vehicle not equipped with an ignition interlock
10   device.
11      (c)    Prohibition.--Except as provided in section 3805(e.1),
12   until the person obtains a replacement driver's license that
13   does not contain an ignition interlock designation, the person
14   may not drive or operate or be in actual physical control of the
15   movement of a motor vehicle within this Commonwealth unless the
16   motor vehicle is equipped with an ignition interlock device.
17      (d)    Issuance of replacement driver's license.--After a
18   suspension imposed under section 1547 (relating to chemical
19   testing to determine amount of alcohol or controlled substance)
20   or 3804 (relating to penalties) has been served and the term of
21   ignition interlock requirement under section 3805 has been
22   completed, if otherwise eligible, a person may be issued a
23   driver's license under section 1951(d) to replace the person's
24   ignition interlock driver's license. The department may not
25   issue a replacement driver's license until the department
26   receives a declaration of compliance from the person's ignition
27   interlock device vendor certifying that the person has complied
28   with section 3805(h.2).
29      (e)    Offenses committed during a period for which an ignition
30   interlock driver's license has been issued.--Except as provided

20250HB1862PN2309                   - 23 -
 1   in sections 1547(b.1) and 3808(c) (relating to illegally
 2   operating a motor vehicle not equipped with ignition interlock
 3   device), the department shall recall the ignition interlock
 4   driver's license that has been issued to a driver for whom the
 5   department receives a certified record of a conviction,
 6   adjudication of delinquency, judgment of sentence, admission
 7   into an Accelerated Rehabilitative Disposition program or a
 8   preadjudication program, or consent decree for an offense for
 9   which the penalty is a cancellation, disqualification, recall,
10   suspension or revocation of operating privileges, and the driver
11   shall surrender the ignition interlock driver's license to the
12   department or its agents designated under the authority of
13   section 1540 (relating to surrender of license). Following the
14   completion of the cancellation, disqualification, recall,
15   suspension or revocation which resulted in the recall of the
16   ignition interlock driver's license, the person shall complete
17   the balance of the term of ignition interlock previously imposed
18   prior to the issuance of a replacement license under section
19   1951(d) that does not contain an ignition interlock designation.
20   § 3805.2.      Ignition interlock driver's license issued during
21                  suspension period.
22      (a)   Issuance.--
23            (1)    The department shall issue an ignition interlock
24      driver's license under this section to a person whose
25      operating privilege has been suspended for:
26                  (i)   a violation under section 3802(a), (b), (c) or
27            (d) (relating to driving under influence of alcohol or
28            controlled substance) or under former section 3731
29            (relating to driving under influence of alcohol or
30            controlled substance) or a violation substantially

20250HB1862PN2309                        - 24 -
 1          similar to a violation under this paragraph in another
 2          jurisdiction; or
 3                (ii)   a refusal to submit to chemical testing under
 4          section 1547 (relating to chemical testing to determine
 5          amount of alcohol or controlled substance).
 6          (2)   The department shall issue an ignition interlock
 7    driver's license under this section only upon receiving proof
 8    that any motor vehicle to be operated by the person has been
 9    equipped with an approved ignition interlock device as a
10    condition of issuing an ignition interlock driver's license
11    under this section. Any vehicle operated by the person,
12    during any period in which the person holds a valid ignition
13    interlock driver's license, must be equipped with an ignition
14    interlock device. If the date of installation is prior to the
15    suspension effective date, credit shall begin on the
16    effective date of the suspension.
17          (3)   An ignition interlock driver's license issued under
18    this section permits a person to operate motor vehicles
19    equipped with a functioning ignition interlock device.
20          (4)   Any period in which a person holds a valid ignition
21    interlock driver's license under this section shall be
22    counted toward satisfaction of any mandatory term of ignition
23    interlock use imposed under section 3805(e.1) (relating to
24    ignition interlock) arising from the same incident.
25    (b)   Application.--
26          (1)   A person seeking an ignition interlock driver's
27    license under this section must file an application with the
28    department through one of the processes listed in section
29    3805.1(a) (relating to ignition interlock driver's license),
30    using a form prescribed by the department. Consistent with

20250HB1862PN2309                    - 25 -
 1    the provisions of this section, if the applicant is
 2    qualified, the department shall issue an ignition interlock
 3    driver's license within 14 days of receipt of the application
 4    and all other requirements for issuance.
 5        (2)   The application must also include proof of financial
 6    responsibility covering each vehicle the applicant requests
 7    to be permitted to operate. As part of the petition, the
 8    applicant shall be responsible for self-certifying, on a form
 9    provided by the department, the vehicles the applicant owns,
10    registers and intends to operate. Upon the approval of the
11    petition, the ignition interlock device shall be installed in
12    any motor vehicle to be operated by the applicant, and proof
13    of the installation shall be provided by the ignition
14    interlock device vendor.
15        (3)   The applicant shall surrender the applicant's
16    driver's license in accordance with section 1540 (relating to
17    surrender of license). If the applicant's driver's license
18    has been lost or stolen, the applicant shall submit an
19    application for a replacement license, along with the proper
20    fee. If the applicant is a nonresident licensed driver, the
21    applicant shall submit an acknowledgment of suspension in
22    lieu of a driver's license. If the applicant's license has
23    expired, the applicant shall submit an application for
24    renewal, along with the appropriate fee. All fines and costs
25    must be paid at the time of application unless the applicant
26    is currently on a payment plan. Restoration fees required
27    under section 1960 (relating to reinstatement of operating
28    privilege or vehicle registration) must be paid at the time
29    of application. Restoration fees required under section
30    1547(b.2) must be paid as follows:

20250HB1862PN2309                - 26 -
 1                  (i)    One-half of the amount must be paid at the time
 2            of application.
 3                  (ii)   The remaining amount must be paid at the time
 4            of application for a replacement driver's license.
 5      (c)   Unauthorized issuance.--The department may not issue an
 6   ignition interlock driver's license to:
 7            (1)   A person who is not licensed to drive by the
 8      Commonwealth.
 9            (2)   A person who is required by this title to take an
10      examination and who has failed to take and pass the
11      examination.
12            (3)   A person whose operating privilege has been revoked,
13      recalled or canceled.
14            (4)   A person who has an unsatisfied judgment against the
15      person as the result of a motor vehicle operation, until the
16      judgment has been satisfied under section 1774 (relating to
17      payments sufficient to satisfy judgments) or an installment
18      agreement has been entered into to satisfy the judgment, as
19      permitted under section 1772(b) (relating to suspension for
20      nonpayment of judgments) or 1775 (relating to installment
21      payment of judgments), and the financial responsibility of
22      the person has been established.
23            (5)   A person applying for an ignition interlock driver's
24      license under this section to operate a commercial motor
25      vehicle.
26            (6)   A person to whom the department is disqualified from
27      issuing the ignition interlock driver's license under the
28      Commercial Motor Vehicle Safety Act of 1986 (Title XII of
29      Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the Motor
30      Carrier Safety Improvement Act of 1999 (Public Law 106-159,

20250HB1862PN2309                       - 27 -
 1    113 Stat. 1748).
 2          (7)   A person whose operating privilege has been
 3    suspended under section 1532(a.1) (relating to suspension of
 4    operating privilege) for conviction or adjudication of
 5    delinquency based on a violation of section 3732 (relating to
 6    homicide by vehicle) or 3735 (relating to homicide by vehicle
 7    while driving under influence).
 8    (d)   Eligibility.--
 9          (1)   A person whose operating privilege has been
10    suspended for a conviction, adjudication of delinquency,
11    admission into an Accelerated Rehabilitative Disposition
12    program or a preadjudication program, or consent decree for
13    an offense under section 3802 or under former section 3731 or
14    an offense substantially similar to an offense under section
15    3802 or former section 3731 in another jurisdiction or for
16    refusing chemical testing under section 1547, shall be
17    eligible to apply for an ignition interlock driver's license
18    under this section upon receipt of notice of the suspension.
19          (2)   A person participating in a driving under the
20    influence or drug treatment court recognized by the
21    Administrative Office of Pennsylvania Courts and following
22    the National Association of Drug Court Professionals 10
23    guiding principles is eligible for an ignition interlock
24    driver's license under this section while participating in
25    the driving under the influence or drug treatment court. The
26    court shall provide notice to the department of the person's
27    participation in the driving under the influence or drug
28    treatment court and inform the department of any change to
29    the person's participation in a manner specified by the
30    department. Upon a person's successful completion of the

20250HB1862PN2309                  - 28 -
 1      driving under the influence or drug treatment court program,
 2      if ordered by the court, the department shall reinstate the
 3      operating privilege of the person for any noncommercial
 4      operating privilege suspension. The department may not impose
 5      a restoration fee for reinstatement of the operating
 6      privilege under this section. The department is not required
 7      to reinstate the operating privilege of a person under this
 8      section if the department is authorized to suspend the
 9      operating privilege of a person for other violations of this
10      title. In order to implement the notification requirements of
11      this paragraph, the department and the court shall cooperate
12      in the exchange of pertinent information about a person's
13      participation.
14      (e)   Duration.--A person may hold a valid ignition interlock
15   driver's license under this section for the duration of the
16   mandatory term of ignition interlock usage imposed under section
17   3805(e.1) arising from the same incident.
18      (f)   Restrictions.--
19            (1)   Pursuant to subsection (a)(2), a person who has been
20      issued an ignition interlock driver's license shall operate
21      only motor vehicles equipped with a functioning ignition
22      interlock device.
23            (2)   The operating privilege of a person who has been
24      issued an ignition interlock driver's license under this
25      section remains under suspension, except when operating a
26      motor vehicle in accordance with the conditions of issuance
27      and restrictions of the ignition interlock driver's license.
28      (g)   Offenses or violations committed during a period for
29   which an ignition interlock driver's license has been issued
30   while under suspension.--If the department receives a report of

20250HB1862PN2309                    - 29 -
 1   conviction, adjudication of delinquency, judgment of sentence,
 2   admission into an Accelerated Rehabilitative Disposition program
 3   or a preadjudication program, or consent decree of an offense
 4   for which the penalty is a cancellation, disqualification,
 5   recall, suspension or revocation of operating privileges for a
 6   person who has been issued an ignition interlock driver's
 7   license under this section, the ignition interlock driver's
 8   license shall be recalled, and the person shall surrender the
 9   ignition interlock driver's license to the department or its
10   agents designated under the authority of section 1540.
11      (h)   Offenses committed as part of one incident.--When a
12   person receives an operating privilege suspension for violating
13   section 3802(a), (b), (c) or (d) and pursuant to section 1547 as
14   a result of the same incident and the person was issued an
15   ignition interlock driver's license under this section, the
16   person may retain the ignition interlock driver's license for
17   both suspensions. The person shall have only one one-year term
18   of ignition interlock requirement under section 3805(e.1) and
19   shall be permitted to hold an ignition interlock driver's
20   license during the term of that requirement.
21      (i)   Employment exemption.--If a person with an ignition
22   interlock driver's license issued under this section is required
23   in the course and scope of employment to drive, operate or be in
24   actual physical control of the movement of a motor vehicle owned
25   by the person's employer, the following apply:
26            (1)   Except as provided in paragraph (2), the person may
27      drive, operate or be in actual physical control of the
28      movement of that motor vehicle in the course and scope of
29      employment without installation of an ignition interlock
30      device if the following conditions are satisfied:

20250HB1862PN2309                    - 30 -
 1                   (i)    The employer has been notified that the employee
 2            has an ignition interlock requirement.
 3                   (ii)    The employee has proof of the notification in
 4            the employee's possession while driving, operating or
 5            being in actual physical control of the movement of the
 6            employer's motor vehicle. Proof of the notification may
 7            be established only by the notarized signature of the
 8            employer acknowledging notification on a form which shall
 9            be provided by the department for this purpose and shall
10            include a contact telephone number of the employer.
11            (2)    Paragraph (1) does not apply in any of the following
12      circumstances:
13                   (i)    To the extent that an employer-owned motor
14            vehicle is made available to the employee for personal
15            use.
16                   (ii)    If the employer-owned motor vehicle is owned by
17            an entity which is wholly or partially owned or
18            controlled by the person subject to this section.
19                   (iii)    If the employer-owned motor vehicle is a
20            school bus, a school vehicle or a vehicle designed to
21            transport more than 15 passengers, including the driver.
22      (j)   Appeal from denial or recall of ignition interlock
23   driver's license.--
24            (1)    A person who is denied an ignition interlock
25      driver's license or whose ignition interlock driver's license
26      is recalled under subsection (g) may file with the department
27      a petition for a hearing. The hearing shall be conducted in
28      accordance with 2 Pa.C.S. (relating to administrative law and
29      procedure).
30            (2)    The department may charge a reasonable fee based on

20250HB1862PN2309                        - 31 -
 1      the cost to the department for conducting the hearing.
 2            (3)    The appeal shall not operate as an automatic
 3      supersedeas. If an administrative hearing officer orders a
 4      supersedeas in any appeal, the person shall earn no credit
 5      toward serving the suspension for which the person was
 6      granted an ignition interlock driver's license.
 7            (4)    An appeal from a decision of an administrative
 8      hearing officer may be taken in the manner provided in 42
 9      Pa.C.S. § 763(a) (relating to direct appeals from government
10      agencies).
11            (5)    Appeals under this subsection are exempt from the
12      provisions of section 1550(b) (relating to judicial review)
13      and from the provisions of 42 Pa.C.S. § 933 (relating to
14      appeals from government agencies).
15   § 3805.3.      Online services for ignition interlock driver's
16                  license.
17      (a)   Establishment.--The department shall add services to its
18   existing and any subsequent online portal for an ignition
19   interlock driver's license as provided under section 3805.1
20   (relating to ignition interlock driver's license).
21      (b)   Additional services.--In addition to

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