There is a newer version of this Section
2022
2021
2020
2019
2018
Other previous versions
View our newest version here

2017 Kentucky Revised Statutes
CHAPTER 189A - DRIVING UNDER THE INFLUENCE
.500 Ignition interlock devices and licenses -- Certification of devices and device providers -- Provider contract provisions.

Universal Citation: KY Rev Stat § 189A.500 (2017)
Previous

Download as PDF
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.
Previous
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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.