Kentucky Administrative Regulations › Title 601 - TRANSPORTATION CABINET - DEPARTMENT OF VEHICLE REGULATION › Chapter 2 - Administration › Section 601 KAR 2:233 - Kentucky Ignition Interlock Program; participants and device providers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A, 186.010, 186.050, 186.180,
				186.480, 186.531, 186.560, 186.570, 189A.005, 189A.010, 189A.040, 189A.045,
				189A.070, 189A.085, 189A.090, 189A.103, 189A.105, 189A.107, 189A.200, 189A.220,
				189A.240, 189A.250, 189A.340, 189A.345, 189A.350, 189A.370, 189A.380, 189A.400,
				205.712,
				18
				U.S.C. 2721
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189A.350 requires the Transportation Cabinet
				to promulgate administrative regulations to carry out provisions regarding the
				implementation of the Commonwealth's ignition interlock program for motor
				vehicle drivers who violate
				KRS
				189A.010 or
				189A.090.
				This administrative regulation establishes the duties and responsibilities of
				ignition interlock device providers wishing to enter into an agreement with the
				Commonwealth of Kentucky and the Transportation Cabinet for the administration
				and implementation of the ignition interlock device program and further
				establishes requirements for certifying ignition interlock devices under this
				program. This administrative regulation also establishes the requirements for
				an applicant with a violation of
				KRS
				189A.010 or
				189A.090
				to obtain an ignition interlock device and license and has the potential
				benefit of shortening a suspension period if a participant does not have a
				device violation.
Section 1.
			 Definitions.
(1) "Applicant" means a person
			 applying for an ignition interlock license.
(2) "Cabinet" is defined by
			 KRS
			 189A.005(2).
(3) "Calibration" means the process that
			 ensures an accurate alcohol concentration reading is being obtained on the
			 ignition interlock device.
(4)
			 "Certification" means the approval process required by the Commonwealth of
			 Kentucky for ignition interlock devices and device providers prior to operating
			 within the state.
(5)
			 "Compliance-based review" means the review by the Transportation Cabinet of:
(a) The length of time that a person's
			 license to operate a motor vehicle or motorcycle is suspended as established in
			 KRS
			 189A.070; and
(b) That participant's compliance with the
			 requirements established in
			 KRS
			 189A.340.
(6) "Compliance period" means the length of
			 time that a person's license to operate a motor vehicle or motorcycle is
			 suspended as established in
			 KRS
			 189A.070,
			 189A.340,
			 and this administrative regulation.
(7) "Department" means the Department of
			 Vehicle Regulation in the Kentucky Transportation Cabinet.
(8) "Ignition interlock certificate of
			 installation" or "certificate of installation" is defined by
			 KRS
			 189A.005(4).
(9) "Ignition interlock device" or "device"
			 is defined by
			 KRS
			 189A.005(3).
(10) "Ignition interlock device provider" or
			 "device provider" is defined by
			 KRS
			 189A.005(5).
(11) "Ignition interlock incentive period" or
			 "incentive period" means the period of time as established by
			 KRS
			 189A.340(4)(b) 2 during which
			 an ignition interlock provider certifies that no violations have occurred and
			 is prior to the date by which the cabinet removes the ignition interlock
			 restriction from a person's license.
(12) "Ignition interlock license" is defined
			 by
			 KRS
			 189A.005(6).
(13) "KIIP" means Kentucky Ignition Interlock
			 Program.
(14) "License" is defined
			 by
			 KRS
			 189A.005(7).
(15) "Lockout" means a condition in which the
			 device will not accept a breath test causing the ignition interlock device to
			 prevent a motor vehicle's engine from starting.
(16) "Manufacturer" means an entity
			 responsible for the design, development, production, and repair of the ignition
			 interlock device.
(17) "Medical
			 accommodation" means that a device has been adjusted to detect the breath
			 alcohol level of participants who have a medically documented condition of
			 diminished lung capacity requiring a reduced air sample.
(18) "Month" means calendar month.
(19) "Motor vehicle" is defined by
			 KRS
			 186.010(4) and includes
			 "motorcycle," which is defined by
			 KRS
			 186.010(15).
(20) "NHTSA" means the National Highway
			 Traffic Safety Administration.
(21)
			 "Participant" means a person who has applied and been approved to participate
			 in KIIP.
(22) "Provider
			 representative" means a device provider employee who provides oversight of the
			 provider's ignition interlock operations within the Commonwealth of
			 Kentucky.
(23) "Retesting" means an
			 additional opportunity to provide a breath sample.
(24) "RFQ" means a request for qualifications
			 pursuant to KRS Chapter 45A.
(25)
			 "Service call" means an on-site remote service of an ignition interlock device,
			 outside of a fixed facility, including for example:
(a) Diagnostic trouble shooting;
(b) Repair or replacement of a malfunctioning
			 device; or
(c) Removal of a device
			 from an inoperable vehicle.
(26) "Service facility" means the physical
			 location contracted by the ignition interlock device provider where the service
			 provider's technicians install, calibrate, or remove ignition interlock
			 devices.
(27) "Service facility
			 inspection" means the process for determining that a service facility and the
			 service facility's technicians are qualified and approved to provide ignition
			 interlock services within the Commonwealth of Kentucky.
(28) "Service provider" means an entity that
			 has contracted with an ignition interlock device provider to provide mechanical
			 services related to an ignition interlock device at a service
			 facility.
(29) "Tampering" means
			 acting with the intent to render the ignition interlock device defective as
			 established by
			 KRS
			 189A.340 and
			 189A.345.
(30) "Technician" means a service provider
			 employee or contractor who installs, calibrates, and removes ignition interlock
			 devices within the Commonwealth of Kentucky.