2023 Kentucky Revised Statutes
Chapter 189A - Driving under the influence
189A.350 Administrative regulations promulgated by Transportation Cabinet for ignition interlock licenses, devices, and providers -- Certification of devices and device providers -- Provider contract provisions -- Transportation Cabinet's power to require ignition interlock device providers to pay certain fees -- Fees collected to be paid to ignition interlock administration fund.
Universal Citation:
KY Rev Stat § 189A.350 (2023)
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189A.350 Administrative regulations promulgated by Transportation Cabinet for
ignition interlock licenses, devices, and providers -- Certification of devices
and device providers -- Provider contract provisions -- Transportation
Cabinet's power to require ignition interlock device providers to pay certain
fees -- Fees collected to be paid to ignition interlock administration fund.
(1)
(2)
(3)
(4)
(a)
The Transportation Cabinet shall:
1.
Issue ignition interlock license application forms and other forms
necessary for the implementation of ignition interlock licenses;
2.
Create a uniform ignition interlock certificate of installation to be
provided to a defendant by an ignition interlock provider upon
installation of an ignition interlock device;
3.
Create an ignition interlock license. The ignition interlock license may
be a regular driver's or operator's license with an ignition interlock
restriction printed on the license;
4.
Require a person issued an ignition interlock license to maintain motor
vehicle insurance for the duration of his or her ignition interlock license;
5.
Certify ignition interlock devices approved for use in the
Commonwealth;
6.
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;
7.
Monitor the ignition interlock device service locations of providers and
create a random or designated selection process to require a provider to
provide ignition interlock device services in any area of the
Commonwealth which the Transportation Cabinet determines is
underserved by providers; and
8.
Except as provided in paragraph (b) of this subsection, promulgate
administrative regulations to carry out the provisions of this section.
(b) The Transportation Cabinet shall not create any ignition interlock license or
device violations in administrative regulations. The sole ignition interlock
license or device violations are established in this chapter.
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 a contract with the Transportation Cabinet to provide ignition
interlock devices and servicing or monitoring or both, the ignition interlock device
provider shall take into account that some defendants will not be able to pay the full
amount of the fees established pursuant to KRS 189A.340(7)(a).
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 at or below two hundred percent
(200%) of the federal poverty guidelines by the Transportation Cabinet as
provided by KRS 189A.340(7)(c);
(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
activity within seven (7) days of servicing an ignition interlock device to the
Transportation Cabinet, prosecuting attorney, and defendant;
(g) 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 provider's installation, servicing, or monitoring capabilities;
(h) A requirement that, before beginning work, the ignition interlock device
provider have and maintain insurance as approved by the cabinet, including
provider'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;
(i) 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;
(j) 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;
(k) A requirement that a provider will remove an ignition interlock device without
cost, if the device is found to be defective;
(l) A requirement that a provider have at least one (1) ignition interlock device
service location in each Transportation Cabinet highway district; and
(5)
(m) A requirement that a provider accept assignments to provide ignition interlock
device services in areas of the Commonwealth which the Transportation
Cabinet determines are underserved by providers in accordance with
subsection (1) of this section.
(a) The Transportation Cabinet may require ignition interlock device providers to
pay the following fees:
1.
An application fee not to exceed five hundred dollars ($500);
2.
An annual renewal fee not to exceed two hundred dollars ($200);
3.
An annual service inspection fee not to exceed one hundred dollars
($100); or
4.
A revisit fee for a failed inspection not to exceed one hundred fifty
dollars ($150).
(b) Any fees collected pursuant to this subsection shall be paid to the ignition
interlock administration fund established in KRS 189A.380.
Effective: July 1, 2020
History: Amended 2020 Ky. Acts ch. 91, sec. 37, effective July 1, 2020. -- Repealed,
reenacted as KRS 189A.350, and amended 2019 Ky. Acts. ch. 103, sec. 17, effective
July 1, 2020 -- Created 2015 Ky. Acts ch. 124, sec. 15, effective June 24, 2015.
Formerly codified as 189A.500
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