RULES AND REGULATIONS
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 88]
[35 Pa.B. 3938]
The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 3805 and 6103 (relating to ignition interlock; and promulgation of rules and regulations by department), amends Chapter 88 (relating to ignition interlock) to read as set forth in Annex A.
Purpose of this Chapter
The purpose of this final-form 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.
Publication for Public Comment
Proposed rulemaking was published at 34 Pa.B. 4885 (September 4, 2004) and the public was invited to submit comments. The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees (Committees). No comments or objections to the proposed rulemaking were received from the public, IRRC or the Committees.
Persons and Entities Affected
This final-form rulemaking will affect drivers required to install an ignition interlock system on one or more of their vehicles under 75 Pa.C.S. § 3805.
Federal policy guidelines are based on family income and the size of the family unit. Consequently, the word ''household'' was inserted into § 88.102(e)(1)(i) (relating to instillation of ignition interlock system) to be consistent with the Federal guidelines.
This final-form 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 final-form 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.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 4, 2004, the Department submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B 4885, to IRRC and the Chairpersons of the Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on April 22, 2005, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on May 12, 2005, and approved the final-form rulemaking.
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
The Department is not establishing a sunset for these regulations, since the regulations are needed to administer provisions required by 75 Pa.C.S. (relating to the Vehicle Code). The Department, however, will continue to closely monitor these regulations for their effectiveness.
The contact person for this final-form 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.
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 88, are amended by deleting §§ 88.1--88.8 and by adding §§ 88.101 and 88.103--88.108 to read as set forth at 34 Pa.B. 4885 and by adding § 88.102 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.
(c) The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ALLEN D. BIEHLER, P. E.,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 3179 (May 28, 2005).)
Fiscal Note: Fiscal Note 18-395 remains valid for the final adoption of the subject regulations.
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE IV. LICENSING
CHAPTER 88. IGNITION INTERLOCK
§ 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.
[Pa.B. Doc. No. 05-1337. Filed for public inspection July 15, 2005, 9:00 a.m.]
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