ChesterNewMatterSummer2017 - 21

Did You Ever Wonder
Continued from page 19
(3) An ignition interlock limited license issued under the
provisions of this section permits an individual to
operate motor vehicles equipped with a functioning
ignition interlock system, as defined in section 3801.

(d) Unauthorized issuance.--The department shall prohibit
issuance of an ignition interlock limited license to:
(1) Any individual who is not licensed5 to drive by the
Commonwealth or any other state.

(4) Any period in which an individual holds a valid ignition
interlock limited license under this section shall be
counted toward satisfaction of any mandatory period
of ignition interlock use imposed under section 3805
(relating to ignition interlock) arising from the same
incident.

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

(b) Petition.--

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

(1) An applicant for an ignition interlock limited license
shall file a petition with the department, by certified
mail, on a form prescribed by the department, and shall
include proof that an approved ignition interlock system,
as defined in section 3801, has been installed in one or
more motor vehicles that the applicant seeks permission
to operate.3
(2) The petition shall also include proof of financial
responsibility covering each vehicle the applicant
requests to be permitted to operate. The department
shall promulgate regulations to require additional
information as well as additional evidence to verify the
information contained in the petition.
(3) The applicant shall surrender the applicant's driver's
license in accordance with section 1540 (relating to
surrender of license). If the applicant's driver's license
has been lost or stolen, the applicant shall submit an
application for a replacement license, along with the
proper fee. If the applicant is a nonresident licensed
driver4, the applicant shall submit an acknowledgment of
suspension in lieu of a driver's license. If the applicant's
license has expired, the applicant shall submit an
application for renewal, along with the appropriate fee.
All fines, costs and restoration fees must be paid at the
time of petition.
(4) Consistent with the provisions of this section, if the
applicant is qualified, the department shall issue an
ignition interlock limited license within 20 days of
receipt of the petition and all other requirements for
issuance.

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

(5) Any individual applying for an ignition interlock limited
license to operate a commercial motor vehicle.
(6) Any individual if the department is disqualified from
issuing the ignition interlock limited license under the
Commercial Motor Vehicle Safety Act of 1986 (Title XII
of Public Law 99-570, 49 U.S.C. § 31302 et seq.) or the
Motor Carrier Safety Improvement Act of 1999 (Public
Law 106-159, 113 Stat. 1748).
(7) Any individual whose operating privilege has been
suspended under section 1532(a.1) (relating to
suspension of operating privilege) for conviction or
adjudication of delinquency based on a violation of
section 3732 (relating to homicide by vehicle) or 3735
(relating to homicide by vehicle while driving under
influence)."
Needless to say there are other provisions of SB 290 that
cover a wide range of changes including penalties for violating
the IILL. I am sure the reader can look up SB 290 and get the
full impact of this new law. Good luck with your research.

(c) Fee.--The application fee for an ignition interlock limited
license shall be $65. This fee shall be nonrefundable.
It is unclear if the creation of the IILL will be retroactive so that current violators can apply for it.
This is very new. How will an out of state driver qualify for this license if her/his state also suspends the driving privileges of the person?
5
This is a departure from the concept that an individual should have the ability of becoming licensed in order to qualify for the IILL. Under a due process argument
this could preclude an individual from ever getting driving privileges reinstated.
3
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