Section 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.

Notation

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).