2016 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE .420 Required information for issuance of hardship license -- Prerequisite to court authorization for person seeking to operate motor vehicle or motorcycle equipped with ignition interlock device -- Fees and costs.
Download as PDF
189A.420 Required information for issuance of hardship license -- Prerequisite to
court authorization for person seeking to operate motor vehicle or motorcycle
equipped with ignition interlock device -- Fees and costs.
(1)
(2)
(3)
(4)
A person shall be eligible for an ignition interlock license:
(a) During a period of license suspension under this chapter or upon the
conclusion of a license revocation period pursuant to KRS 189A.340; or
(b) If he or she was convicted pursuant to KRS 189A.010(1)(a), (b), (e), or (f) and
has enrolled in and is actively participating or has completed, alcohol or
substance treatment.
Before authorizing a person to apply for an ignition interlock license, the court shall
order the person to:
(a) Provide the court with proof of motor vehicle insurance;
(b) If necessary, provide the court with a written, sworn statement from his
employer, on a form provided by the cabinet, detailing the necessity for the
defendant to use the employer's motor vehicle in his work at the direction of
the employer during working hours, and acknowledging that the person is
restricted from using an employer's nonignition interlock-equipped vehicle
until the expiration of thirty (30) days from the date of issuance of an ignition
interlock license for a first offense or twelve (12) months from the date of
issuance of an ignition interlock license for a second or subsequent offense in
violation of KRS 189A.010; and
(c) Provide to the court such other information as may be required by
administrative regulation of the Transportation Cabinet.
No court shall grant authorization for a person to operate only motor vehicles or
motorcycles equipped with a functioning ignition interlock device, unless and until
the person:
(a) Provides proof that the person has been issued or has filed a completed
application with the Transportation Cabinet for issuance of an ignition
interlock license pursuant to KRS 189A.500; and
(b) Provides a certificate of installation of an ignition interlock device issued by a
certified ignition interlock device provider pursuant to KRS 189A.500.
Whenever the court grants authorization to apply for an ignition interlock license
pursuant to this section, the court through court order, shall:
(a) Prohibit the person from operating any motor vehicle or motorcycle without a
functioning ignition interlock device;
(b) Require that within the first thirty (30) days of installation of an ignition
interlock device and every sixty (60) days thereafter, the person shall have the
device serviced pursuant to the administrative regulations promulgated by the
cabinet under KRS 189A.500; and
(c) If the requirements of paragraph (b) of subsection (2) of this section are met,
allow that after the expiration of thirty (30) days from the date of issuance of
an ignition interlock license for a first offense or twelve (12) months from the
(5)
(6)
(7)
date of issuance of an ignition interlock license for a second or subsequent
offense in violation of KRS 189A.010, the person may use an employer's
nonignition interlock-equipped vehicle as part of the employee's job duties if
the person is to be authorized by the cabinet to use a nonignition interlock
vehicle owned or leased by the employer as part of the employee's job duties.
Upon authorizing a person to operate only motor vehicles or motorcycles equipped
with a functioning ignition interlock device, the court, without a waiver or a stay of
the following procedure, shall:
(a) Transmit its order and other appropriate information to the Transportation
Cabinet;
(b) Direct that the Transportation Cabinet records reflect:
1.
That during the applicable suspension or revocation period or upon the
conclusion of a license revocation period, the person shall not operate a
motor vehicle or motorcycle without a functioning ignition interlock
device;
2.
Whether the court has expressly permitted the person to operate a motor
vehicle or motorcycle without a functioning ignition interlock device, as
provided in subsection (2)(b) of this section; and
3.
Direct the Transportation Cabinet to issue to any person restricted
pursuant to this section an ignition interlock license that states the
person shall operate only a motor vehicle or motorcycle equipped with a
functioning ignition interlock device. However, if the exception
provided for in subsection (2)(b) of this section applies, the license shall
indicate the exception.
All persons applying for an ignition interlock license shall pay a nonrefundable
application fee to the Transportation Cabinet in an amount not to exceed the actual
cost to the cabinet for issuing the ignition interlock license, but not to exceed two
hundred dollars ($200).
The court shall require the person to pay the reasonable cost of leasing or buying,
installing, servicing, and monitoring the device. If the court determines that a
defendant is indigent, the court may, based on a sliding scale established by the
Supreme Court of Kentucky by rule, require the defendant to pay the costs imposed
under this section in an amount that is less than the full amount of the costs
associated with the lease, purchase, or installation of an ignition interlock device
and associated servicing and monitoring fees. If a defendant pays to an ignition
interlock provider the amount ordered by the court under this subsection, the
provider shall accept the amount as payment in full. Neither the Commonwealth,
Transportation Cabinet, or any unit of state or local government shall be responsible
for payment of any costs associated with an ignition interlock device.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 124, sec. 11, effective June 24, 2015. -- Created
1991 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 26, effective July 1, 1991.
Legislative Research Commission Note (6/24/2015). Under the authority of KRS
7.136(l)((h), during codification of 2015 Ky. Acts ch. 124, sec. 11 (this statute), the
Reviser of Statutes has corrected a reference in subsection (3) to "Section 14 of this
Act" to read instead "Section 15 of this Act" since the text of subsection (3) is
referring to the establishment and issuance of ignition interlock devices and licenses
which are addressed in Section 15 of that Act, not Section 14. As codified, Section
15 became KRS 189A.500.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.