601 KAR 2:030. Ignition interlock devices; the surrendering of license plates

Link to law: http://www.lrc.ky.gov/kar/601/002/030.htm
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
      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.)