KRS 189A.340: Ignition interlock licenses -- Provider fees.

(1) (a) If a person's license is suspended pursuant to this chapter and the initial

suspension was for a violation of KRS 189A.010(1)(a), (b), (e), or (f), the sole

license the person shall be eligible for is an ignition interlock license pursuant

to this section.

(b) If a person's license is suspended pursuant to this chapter and the initial

suspension was for a violation of KRS 189A.010(1)(c) or (d), the person shall

be eligible for an ignition interlock license pursuant to this section and may be

eligible for a hardship license pursuant to KRS 189A.410.

(2) (a) A person may apply for an ignition interlock license anytime, including after

receiving the notices under KRS 189A.105 or after his or her license has been

suspended pursuant to this chapter.

(b) If at the time the person applies for an ignition interlock license, the person's

license has been suspended pursuant to this chapter, the person shall be

authorized to drive to:

1. An ignition interlock device provider to have a functioning ignition

interlock device installed in his or her motor vehicle or motorcycle; and

2. The Transportation Cabinet to obtain an ignition interlock license;

This paragraph shall only apply within fourteen (14) days of the date printed

on the ignition interlock approval letter issu ed by the Transportation Cabinet

and if the person has the ignition interlock approval letter in the motor vehicle

or motorcycle.

(3) Before the Transportation Cabinet shall issue an ignition interlock license, the

person shall:

(a) Submit an application for an ignition interlock license;

(b) Provide proof of motor vehicle insurance;

(c) Provide an ignition interlock certificate of installation issued by an ignition

interlock device provider; and

(d) Provide any other information required by administrative regulations

promulgated by the Transportation Cabinet under KRS 189A.350.

(4) An ignition interlock license shall restrict the person to operating only a motor

vehicle or motorcycle equipped with a f unctioning ignition interlock device, unless

the person qualifies for an employer exemption under subsection (6) of this section.

This restriction shall remain in place for:

(a) If a person's license was suspended pretrial pursuant to KRS 189A.200, the

required suspension period under KRS 189A.200(6);

(b) If a person's license was suspended pursuant to KRS 189A.070 or 189A.107:

1. The required suspension period under KRS 189A.070(1); and

2. a. If the maximum suspension period under KRS 189A.070(1)(a) has

not yet been met, until the Transportation Cabinet has received a

declaration from the person's ignition interlock device provider, in

a form provided or approved by the cabinet, certifying that none of

the violations outlined in subdivision b. of this subpa ragraph has

occurred:

i. For a first offense within a ten (10) year period of KRS

189A.010(1)(a), (b), (c), (d), or (e) or for any offense of KRS

189A.010(1)(f), in the ninety (90) consecutive days; and

ii. For all subsequent offenses within a ten (10) yea r period of

KRS 189A.010(1)(a), (b), (c), (d), or (e), one hundred twenty

(120) consecutive days;

prior to the date of releasing the ignition interlock device

restriction.

b. If any of the following occur, it shall be a violation of the ninety

(90) or one hundred twenty (120) consecutive day requirement:

i. Failure to take any random breath alcohol concentration test

unless a review of the digital image confirms that the motor

vehicle or motorcycle was not occupied by a driver at the

time of the missed test;

ii. Failure to pass any random retest with a breath alcohol

concentration of 0.02 or lower unless a subsequent test

performed within ten (10) minutes registers a breath alcohol

concentration lower than 0.02, and the digital image

confirms the same person provided both samples;

iii. Failure of the person, or his or her designee, to appear at the

ignition interlock device provider when required for

maintenance, repair, calibration, monitoring, inspection, or

replacement of the device;

iv. Failure of the pe rson to pay fees established pursuant to

subsection (7) of this section;

v. Tampering with an installed ignition interlock device with

the intent of rendering it defective; or

vi. Altering, concealing, hiding, or attempting to alter, conceal,

or hide, the person's identity from the ignition interlock

device's camera while providing a breath sample;

(c) If a person's license was suspended pursuant to KRS 189A.090, for the

required suspension period under KRS 189A.090(2); or

(d) If a person's license suspensi on was extended pursuant to KRS 189A.345, the

required suspension period under KRS 189A.345(1).

(5) (a) The time period a person:

1. Holds a valid ignition interlock license pursuant to this section; or

2. Receives alcohol or substance abuse treatment in a n inpatient residential

facility;

shall apply on a day -for-day basis toward satisfying the suspension periods

detailed in subsection (4) of this section.

(b) Except as provided in paragraph (c) of this subsection, the Transportation

Cabinet shall give the person a day -for-day credit for any time period the

person:

1. Held a valid ignition interlock license; or

2. Received alcohol or substance abuse treatment in an inpatient residential

facility.

(c) A person shall not receive day -for-day credit for days the person utilized the

employer exemption in accordance with subsection (6) of this section and

drove an employer's motor vehicle or motorcycle not equipped with a

functioning ignition interlock device.

(6) (a) A person with an ignition interlock license may operate a motor vehicle or

motorcycle not equipped with a functioning ignition interlock device if:

1. The person is required to operate an employer's motor vehicle or

motorcycle in the course and scope of employment; and

2. The business entity that owns the motor vehicle or motorcycle is not

owned or controlled by the person.

(b) To qualify for the employer exemption, the person shall provide the

Transportation Cabinet with a sworn statement from h is or her employer

stating that the person and business entity meet the requirements of paragraph

(a) of this subsection.

(7) (a) Except as provided in paragraph (c) of this subsection, an ignition interlock

device provider may charge the following fees:

1. An installation fee for an alternative fuel vehicle or a vehicle with a push

button starter not to exceed one hundred thirty dollars ($130), an

installation fee for all other vehicles not to exceed one hundred dollars

($100);

2. A monthly fee not to exceed one hundred dollars ($100);

3. A removal fee not to exceed thirty dollars ($30);

4. A reset fee not to exceed fifty dollars ($50); or

5. A missed appointment fee not to exceed thirty-five dollars ($35).

(b) A person who is issued an ignition interlock l icense shall pay fees as

established in his or her lease agreement with the ignition interlock device

provider for any ignition interlock device installed in his or her motor vehicle

or motorcycle. However, the fees shall never be more than allowed under

paragraph (a) of this subsection and are subject to paragraph (c) of this

subsection.

(c) Any person who has an income:

1. At or below two hundred percent (200%) but above one hundred fifty

percent (150%) of the federal poverty guidelines, shall pay only seventy-

five percent (75%) of fees established pursuant to paragraph (a) of this

subsection;

2. At or below one hundred fifty percent (150%) but above one hundred

percent (100%) of the federal poverty guidelines, shall pay only fifty

percent (50%) of fees es tablished pursuant to paragraph (a) of this

subsection; or

3. At or below one hundred percent (100%) of the federal poverty

guidelines, shall pay only twenty -five percent (25%) of fees established

pursuant to paragraph (a) of this subsection;

As used in t his paragraph, "federal poverty guidelines" has the same meaning

as in KRS 205.5621. The Transportation Cabinet shall determine the person's

income and where that income places the person on the federal poverty

guidelines.

(d) Neither the Commonwealth, the Transportation Cabinet, nor any unit of state

or local government shall be responsible for payment of any costs associated

with an ignition interlock device.

(8) For a person issued an ignition interlock license under this section who is residing

outside of Kentucky, the Transportation Cabinet may accept an ignition interlock

certificate of installation from an ignition interlock device provider authorized to do

business in the state where the person resides if the ignition interlock device meets

the requirements of that state.