ChesterNewMatterSummer2017 - 19

I decided to go through the new law as it appears in the
approved bill. However, the brief coverage was almost (10)
pages long. Therefore, I had to reduce the coverage to just
some of the new law. I recommend the reader pick up a copy
of SB 290 and look it over.
The following definition was added to 75 Pa.C.S.A. § 102.
Definitions.
"Ignition interlock limited license.' A driver's license issued
to an individual whose operating privilege is suspended
or revoked for one or more violations of UNDER section
1547 (relating to chemical testing to determine amount
of alcohol or controlled substance) or 3802 (relating to
driving under influence of alcohol or controlled substance)
OR UNDER FORMER SECTION 3731 (RELATING
TO DRIVING UNDER INFLUENCE OF ALCOHOL
OR CONTROLLED SUBSTANCE) OR A VIOLATION
SUBSTANTIALLY SIMILAR TO A VIOLATION UNDER
3802 OR FORMER SECTION 3731 IN ANOTHER
JURISDICTION, requiring the individual to operate
only motor vehicles equipped with a functioning ignition
interlock system." (Effective August 27, 2017)
The Ignition Interlock (II) device has been around for a
while and many people know something about it. Basically a
device is installed on a vehicle that requires the driver to blow
into it in order to start the car. As long as the Blood Alcohol
Concentration (BAC) is not prohibited, the car will start and
you are on your way. The device will also periodically ask you
to blow into it to keep the car operational. Some of those who
have the device on their car say this is a real challenge. But, it
is a penalty with a benefit. It allows a Driving After Imbibing
(DAI) defendant to drive a vehicle legally. This new definition
will be backed up by a new section of the code that creates the
Ignition Interlock Limited License (IILL) (75 Pa.C.S.A. §1556).
In order to allow for the issuance of the IILL some collateral

laws had to be changed, i.e. § 1553, Occupational limited
license, §1547, refusal to take a test, and the various DAI laws
starting at § 3802. Footnotes are added by the writer.
SB 290 amended Title 75 by adding a section to read:
"§1556. Ignition interlock limited license.
(a) Issuance.-(1) The department shall1 issue an ignition interlock
limited license under this section to an individual
whose operating privileges have been suspended OR
REVOKED for:
(i) a violation under section 3802 (relating to driving under
influence of alcohol or controlled substance) or under
former section 3731 (relating to driving under influence
of alcohol or controlled substance) OR A VIOLATION
SUBSTANTIALLY SIMILAR TO A VIOLATION
UNDER THIS PARAGRAPH IN ANOTHER
JURISDICTION; or
(ii) a refusal to submit to chemical testing under section
1547 (relating to chemical testing to determine amount
of alcohol or controlled substance).
(2) The department shall issue an ignition interlock limited
license under the provisions of this section only upon
receiving proof that 2ANY MOTOR VEHICLE TO BE
OPERATED BY THE INDIVIDUAL has been equipped
with an approved ignition interlock system as defined
in section 3801 (relating to definitions) as a condition
of issuing an ignition interlock limited license. ANY
VEHICLE TO BE OPERATED BY THE INDIVIDUAL,
DURING ANY PERIOD IN WHICH THE INDIVIDUAL
HOLDS A VALID IGNITION INTERLOCK LIMITED
LICENSE, MUST BE EQUIPPED WITH AN IGNITION
INTERLOCK SYSTEM.

Notice the "shall" requirement in the new law.
This deleted the requirement that a person have the II device installed on at least one vehicle owned by that person. It
does require that the person ONLY drive a vehicle equipped with the II. The exception involves mandatory usage by an
employer with specific requirements to qualify.

1
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Continued on page 21
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