KRS § 189A.350 — KY Code / Title XVI / Chapter 189A / Section 189A.350
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
Status: in_force

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) (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.

(2) 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.

(3) 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).

(4) 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

(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.

(5) (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.