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.)