PA law has specific requirements for the installation, maintenance, and removal of IIDs.
The following is an excerpt from the Pennsylvania Code regarding installation, maintenance, and removal of ignition interlock devices for those required by law to obtain an ignition interlock license in order to have driving privileges restored. The excerpt includes Pennsylvania Code Title 67 Sections 88.102-104. For more information on Pennsylvania Ignition Interlock Licenses see Getting an Ignition Interlock License or visit the Pennsylvania Department of Transportation website. To see a list of approved ignition interlock providers view Pennsylvania Authorized IID Installers. Remember, this is for general information only, may not be the most up to date law, and anyone seeking legal advice should contact a Pennsylvania licensed attorney.
§ 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.
(3) Verification. The provider shall verify the accuracy of a certification submitted under paragraph (1) or (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.
(e) 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 shall 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 household 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.
Cross References
This section cited in 67 Pa. Code § 88.103 (relating to maintenance of ignition interlock system); and 67 Pa. Code § 88.104 (relating to removal of ignition interlock system).
§ 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.
