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189A.500 Ignition interlock devices and licenses -- Certification of devices and
device providers -- Provider contract provisions.
(1)
(2)
(3)
(4)
The Transportation Cabinet shall:
(a) Issue ignition interlock license application forms and other forms necessary
for the implementation of ignition interlock licenses;
(b) Create a uniform certificate of installation to be provided to a defendant by an
ignition interlock provider upon installation of a certified ignition interlock
device;
(c) Create an ignition interlock license for issuance to any person granted
authorization by the court to receive an ignition interlock license;
(d) Certify ignition interlock devices approved for use in the Commonwealth;
(e) Publish and periodically update on the Transportation Cabinet Web site a list
of contact information, including a link to the Web site of each certified
ignition interlock device provider, with the entity appearing first on the list
changing on a statistically random basis each time a unique visitor visits the
list of the approved ignition interlock installers and the approved servicing
and monitoring entities; and
(f) Promulgate administrative regulations to carry out the provisions of this
section.
No model of ignition interlock device shall be certified for use in the
Commonwealth unless it meets or exceeds standards promulgated by the
Transportation Cabinet pursuant to this section.
In bidding for the contract with the Transportation Cabinet to provide ignition
interlock devices and servicing or monitoring or both, the ignition interlock
provider shall take into account that some defendants will not be able to pay the full
cost of the ignition interlock device or servicing and monitoring fees.
Upon June 24, 2015, any contract between the cabinet and an ignition interlock
device provider shall include the following:
(a) A requirement that the provider accept reduced payments as a full payment for
all purposes from persons determined to be indigent by a court authorizing the
use of an ignition interlock device pursuant to KRS 189A.420(7);
(b) A requirement that no unit of state or local government and no public officer
or employee shall be liable for the cost of purchasing or installing the ignition
interlock device or associated costs;
(c) A requirement that the provider agree to a price for the cost of leasing or
purchasing an ignition interlock device and any associated servicing or
monitoring fees during the duration of the contract. This price shall not be
increased but may be reduced during the duration of the contract;
(d) Requirements and standards for the servicing, inspection, and monitoring of
the ignition interlock device;
(e) Provisions for training for service center technicians and clients;
(f) A requirement that the provider electronically transmit reports on driving
(g)
(h)
(i)
(j)
(k)
activity within seven (7) days of servicing an ignition interlock device to the
respective court, prosecuting attorney, and defendant;
Requirements for a transition plan for the ignition interlock device provider
before the provider leaves the state to ensure that continuous monitoring is
achieved and to provide a minimum forty-five (45) day notice to the cabinet of
any material change to the design of the ignition interlock device, or any
changes to the vendor's installation, servicing, or monitoring capabilities;
A requirement that, before beginning work, the ignition interlock device
provider have and maintain insurance as approved by the cabinet, including
vendor's public liability and property damage insurance, in an amount
determined by the cabinet, that covers the cost of defects or problems with
product design, materials, workmanship during manufacture, calibration,
installation, device removal, or any use thereof;
A provision requiring that an ignition interlock provider agree to hold
harmless and indemnify any unit of state or local government, public officer,
or employee from all claims, demands, and actions, as a result of damage or
injury to persons or property which may arise, directly or indirectly, out of any
action or omission by the ignition interlock provider relating to the
installation, service, repair, use, or removal of an ignition interlock device;
A requirement that a warning label to be affixed to each ignition interlock
device upon installation. The label shall contain a warning that any person
who tampers with, circumvents, or otherwise misuse the device commits a
violation of law under KRS 189A.345; and
A requirement that a provider will remove an ignition interlock device without
cost, if the device is found to be defective.
Effective: June 24, 2015
History: Created 2015 Ky. Acts ch. 124, sec. 15, effective June 24, 2015.
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