Lancaster Law Blog : Lancaster PA Lawyer & Attorney : Russell Krafft & Gruber Law Firm : Pennsylvania : Lancaster's Legal Link

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In the past few months, Pennsylvania has experienced several tragic losses of teenagers through vehicle crashes. Unfortunately, most of us can think of one specific accident that hit close to home. Maybe it was a group of teens in a nearby town, from the local high school, or a friend or family member. If it seems to happen all too often, that is because it does. Motor vehicle crashes are the leading cause of death among 16 to 20-year-olds.

In its 2010 Crash Facts and Statistics Report, Pennsylvania Department of Transportation notes that 17- and 18-year-old drivers are more than twice as likely to get in accidents than drivers over the age of 30. 16-year-old drivers, however, are much less likely than 17- and 18-year-olds to get into accidents due to the mandatory six month waiting period between obtaining a Learner's Permit and a license. Recognizing this positive correlation between reduced accidents and extended learning periods for new drivers, Pennsylvania enacted a new teen driving law, Act 81 of 2011.

The table below outlines the stated objectives of Act 81 and the corresponding changes that went into effect on December 27, 2011:

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After the holiday season, there is typically a national spike in unemployment claims. This year is no exception. For employers and employees in Pennsylvania, 2012 also brings changes to the state's Unemployment Compensation (UC) laws. In a series of posts, we will discuss aspects of the amended UC laws that will impact both claimants and employers.

Is Your Job Search Meeting the UC Requirements?

Until 2012, Pennsylvania's Unemployment Compensation (UC) laws required claimants to "register" for work, then continue to "report" to an unemployment office to be eligible for benefits. As of January 1, 2012, only claimants who are "making an active search for suitable employment" will be eligible for UC benefits within the meaning of Section 401 of Act 6 of 2011, "Qualifications Required to Secure Compensation."

What does it mean to make an "active search," and what qualifies as "suitable employment"? At a minimum, the new requirements are:

1. Registering for employment search services through Pennsylvania CareerLink within 30 days of the initial application for benefits.
2. Posting a resume on CareerLink's database.
3. Applying for positions that offer employment and wages similar to those that the claimant had prior to unemployment and which are within a 45-minute commuting distance.

The statute provides that an active search for suitable employment has been made "if the claimant's efforts include actions comparable to those traditional actions in their trade or occupation by which jobs have been found by others in the community and labor market in which the claimant is seeking employment."

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In Pennsylvania, people who are convicted of a second or subsequent DUI offense are subject to the Pennsylvania Ignition Interlock Law (the "Law"). This means that after convicted drivers have served their suspension for driving under the influence, the Law requires them to install an ignition interlock device in their motor vehicles.

What Is an Ignition Interlock Device?

An ignition interlock device prohibits individuals under the influence of alcohol from operating a vehicle. Drivers are required to blow into the device before they can start the engine. If the device detects alcohol, it will prevent the vehicle from starting. In addition, throughout the course of their drives, drivers will be prompted to blow into the device periodically to ensure they do not drink alcohol after they start the car. 

A driver subject to the Law typically has his or her ignition interlock device installed after serving a twelve to eighteen month license suspension. Thirty days prior to the end of the suspension, PennDOT will mail the driver a Restoration Requirement Letter, which includes an application for the Ignition Interlock License and a list of ignition interlock providers. There is an application fee that varies depending on the type of driver’s license. 

Licenses for Ignition Interlock Drivers

Ignition Interlock Licenses have a different appearance than a normal driver’s license. They have a red banner and contain the words "limited license." There is also a small red map of Pennsylvania in the lower right hand corner that contains the words “ignition interlock.” The license prohibits the driver from using a vehicle that is not equipped with an approved ignition interlock device. You can see an image of an ignition interlock driver's license on the Pennsylvania Department of Transportation's Ignition Interlock Fact Sheet.

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The IRS issues its Standard Mileage Reimbursement Rate each year. The rate determines the amount that can be used as a deduction for business travel and serves as a guideline for employers who reimburse their employees for the same. It reflects not only fuel costs, but also factors in average wear and tear on a vehicle.

In July 2011, the Internal Revenue Service responded to high gas prices by raising their mileage reimbursement rate from 51 cents to 55.5 cents per mile. In Notice 2012-1, the IRS indicated the new rate, which went into effect on January 1, 2012, would remain the same. The only change this year is that the rate for medical or moving expenses was raised from 19 to 23 cents per mile. The rate for charitable purposes remains at 14 cents per mile.

While there are generally no Pennsylvania laws requiring employers to use the IRS rate, there are tax advantages for doing so. The IRS will deem employers who make qualifying reimbursements up to 55.5 cents per mile as meeting their accounting requirements, thus no income reporting or withholding is required for those reimbursements. However, employers need to make sure that their employees have provided adequate proof that the mileage was strictly for business use. Qualifying employees who are not reimbursed for their business mileage will be able to deduct 55.5 cents per mile on their individual tax returns.

As an interesting side note, AAA's website offers a gas price tracker ("AAA Daily Fuel Gauge Report") that can be used to monitor gas price averages and compare averages in different geographical areas. This tool can be helpful in analyzing fuel expenses against reimbursement rates and keeping track of the fluctuation of gas prices.

According to the tracker, as of the date of this post, the national average for regular gas is $3.374 per gallon. Pennsylvania's average is slightly higher at $3.457 per gallon. At $3.439, the average in Lancaster County is also higher than the national average, but a fraction lower than the state average. A year ago, the gas average in Lancaster was $3.146, showing a rise of approximately $0.30 per gallon in the area over the past year.

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This past weekend, countless Pennsylvanians brought in the New Year with beer, wine and spirits at their get-togethers. However, if they wanted to give their guests a choice among the categories of alcohol, they had to make multiple stops beforehand, at least one being a state liquor store. Currently, Pennsylvania offers fewer options of where to purchase alcohol than states such as Virginia and Florida, where alcoholic beverages are more readily available from private retailers. Based on recent changes to liquor regulations and proposed legislation, it may not be long before some of Pennsylvania's alcohol revenue trickles onto the shelves of private businesses.

Throughout 2011 there was ongoing conversation about the Governor's intention to privatize the state's liquor sales. I previously commented on the possibility and how the Pennsylvania Liquor Control Board (PLCB) has reacted to this idea by expanding some of their policies and regulations when it comes to sales of alcohol (Changes to PA Liquor Code, PLCB Looks to Expand Sales). The PLCB and the privatization issue now seem to be back in the headlines as PLCB policies continue to evolve and as lawmakers take steps to hybridize the sale of liquor in Pennsylvania.

Late in 2011, the PLCB further relaxed regulations pertaining to the direct shipment of alcohol. The PLCB had previously required that any alcohol bought out of state be shipped directly to a state store where the item could then be picked up. The PLCB announced that they no longer require pick-up at a state store and will now permit wine or liquor to be shipped directly to buyers' homes.