601 KAR 2:030. Ignition interlock
devices; the surrendering of license plates.
RELATES TO: KRS
189A.085, 189A.340, 189A.345, 57 C.F.R. 11772-11787
STATUTORY
AUTHORITY: KRS 189A.085(1)(b), 189A.340(4)(f)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 189A.085 states that, after a license plate
suspension by a judge pursuant to that provision, the circuit court clerk shall
transmit surrendered plates to the Transportation Cabinet in the manner set
forth by the Transportation Cabinet in administrative regulation. KRS
189A.340(4)(f) states that the Transportation Cabinet shall promulgate
administrative regulations to carry out the provisions of that subsection
regarding interlock devices. This administrative regulation outlines the
procedure for surrendering plates to the Transportation Cabinet pursuant to
court order, providing registration information on a convicted violator to the
court, approving interlock device manufacturers, installers, and servicing
entities and making an approved list available to the public.
Section 1. Surrender of Motor Vehicle
Registration Plates. (1) Upon receipt of a request for a vehicle registration
inventory from a court, the Transportation Cabinet shall:
(a) Conduct a search of the automated
vehicle information system;
(b) Identify all motor vehicles owned
or jointly owned by the person named on the request; and
(c) Return the results of the search
to the court by 12 noon Eastern time, the next working day after the request is
received, provided the request is received by 12 noon Eastern time. Requests
received after 12 noon Eastern time shall be returned to the court by the close
of business the second working day after they are received.
(2) Upon receipt of a court order
suspending a licensee’s plates, pursuant to KRS 189A.085, the Transportation
Cabinet shall suspend the licensee’s registration. The cabinet shall not
suspend the registration of any person pursuant to KRS 189A.085 unless a court
order has been received.
(3) The court shall return all
confiscated license plates to the Transportation Cabinet. The cabinet shall
bear the responsibility for reasonable postage or shipping costs for the return
of all confiscated license plates.
(4) After the motor vehicle
registration suspension period has expired, the county clerk shall reissue a
motor vehicle registration plate and registration receipt upon the request of
the vehicle owner as follows:
(a) If the registration period of the
suspended license plate has not expired, the new registration shall be issued
pursuant to KRS 186.180(2); or
(b) If the suspended license plate
has expired, the registration shall be issued as a renewal registration
pursuant to KRS 186.050.
Section 2. Breath Alcohol Ignition
Interlock Device. (1) An ignition interlock device, installed pursuant to court
order shall meet the following criteria:
(a) The ignition interlock device
shall be designed and constructed to measure a person’s breath alcohol
concentration, as defined in KRS 189A.005(1), by utilizing a sample of the
person’s breath delivered directly into the device;
(b) The ignition interlock device
shall be designed and constructed so that the ignition system of the vehicle in
which it is installed will not be activated if the alcohol concentration of the
operator’s breath exceeds .02 alcohol concentration as defined in KRS
189A.005(1);
(c) The ignition interlock device
shall meet or exceed performance standards contained in the Model
Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDS), as published in 57 FR 11772-11787
(April 7, 1992);
(d) The ignition interlock device
shall prevent engine ignition if the device has not been calibrated within a
period of ninety-seven (97) days subsequent to the last calibration;
(e) The ignition interlock device
shall:
1. Record each time the vehicle is
started;
2. Record results of the alcohol
concentration test;
3. Record how long the vehicle is
operated; and
4. Detect any indications of
bypassing or tampering with the device;
(f) The ignition interlock device
shall permit a sample free restart for a period of two (2) minutes or less
after a stall;
(g) The ignition interlock device
shall require:
1. That the operator of the vehicle
submit to a retest within ten (10) minutes of starting the vehicle;
2. That retests continue at intervals
not to exceed sixty (60) minutes after the first retest;
3. That retests occur during
operation of the vehicle; and
4. That the device enter a lockout
condition in five (5) days if a retest is not performed or the results of the
test exceeds the maximum allowable alcohol concentration;
(h) The ignition interlock device
shall be equipped with a method of immediately notifying peace officers:
1. If the retest is not performed; or
2. If the results exceed the maximum
allowable alcohol concentration; and
(i) The ignition interlock device
shall include instructions recommending a fifteen (15) minute waiting period
between the last drink of an alcoholic beverage and the time of breath sample
delivery into the device.
(2) An ignition interlock device
shall be:
(a) Installed by the manufacturer or
by private sector installers in conformance with the prescribed procedures of
the manufacturer; and
(b) Be used in accordance with the
manufacturer’s instructions.
(3)(a) An ignition interlock device
shall be calibrated at least once every ninety (90) days to maintain the device
in proper working order.
(b) The manufacturer or installer
shall calibrate the device or exchange the installed device for another
calibrated device in lieu of calibration.
(c) The record of installation and
calibration shall be kept in the vehicle at all times for inspection by a peace
officer and shall include the following information:
1. Name of the person performing the
installation and calibration;
2. Dates of activity;
3. Value and type of standard used;
4. Unit type and identification
number of the ignition interlock device checked; and
5. Description of the vehicle in
which the ignition interlock device is installed, including the registration
plate number and state, make, model, vehicle identification number, year and
color.
(4) An ignition interlock device in a
lockout condition shall be returned to the site of installation for service.
Section 3. Division of Driver
Licensing Requirements. (1) The Division of Driver Licensing shall maintain a
list of all manufacturers of ignition interlock devices meeting the
requirements of this administrative regulation who have provided documentation
to the division confirming that they offer appropriate ignition interlock devices
and related services within the Commonwealth.
(2) The list of manufacturers who
provide appropriate devices, approved installers, and servicing and monitoring
entities shall be published and periodically updated by the Division of Driver
Licensing on the Transportation Cabinet Web site.
(3) The Division of Driver Licensing
shall provide a notation on the face of the operator’s license stating that:
(a) The licensee is required by order
of the court to be using a vehicle with an ignition interlock device; and
(b) The license has been granted an
exception for employment purposes pursuant to KRS 189A.340, if granted by the
court.
(4) Manufacturers, installers, and
servicing and monitoring entities shall apply to the Division of Driver
Licensing for approval and placement on the list maintained by the cabinet.
Section 4. Incorporation by
Reference. (1) Model Specifications for Breath Alcohol Ignition Interlock
Devices (BAIIDS), 57 FR 11772-11787 (April
7, 1992), 40 pages, is incorporated by reference.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Transportation Cabinet, Division of Driver Licensing, 2nd Floor,
State Office Building, 501 High Street, Frankfort, Kentucky 40622, Monday
through Friday, 8 a.m. to 4:30 p.m. (27 Ky.R. 2616; eff. 5-14-2001.)