TRANSPORTATION CABINET

Department of Vehicle Regulation

Division of Drivers License

(Amendment)

      601 KAR 12:060. Hardship driver's license.

      RELATES TO: KRS 189A.400-189A.460, 434.650-670, 434.690, 506.120, 514.030-060, 514.070-090, 514.110, 514.120

      STATUTORY AUTHORITY: KRS 189A.460, 532.356

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 189A.400 through 189A.460 provides for the issuance of a hardship driver's license to a person whose driving privilege has been withdrawn for a conviction of KRS 189A.010. KRS 532.356 provides for the issuance of a hardship driver’s license to a person whose driving privilege has been withdrawn until restitution is paid due to a conviction under the following statutes: KRS 434.650-670, 434.690, 506.120, 514.030-060, 514.070-090, 514.110, and 514.120. The [district] court withdrawing the person's driving privilege has exclusive jurisdiction to decide whether the person shall be issued a hardship driver's license. The hardship driver's license shall[is to] be issued by the Transportation Cabinet. The circuit court clerks, acting on behalf of the Kentucky Transportation Cabinet, shall issue the hardship driver's license. KRS 189A.460 requires the Transportation Cabinet to promulgate administrative regulations relating to the implementation of the hardship driver's license provisions of KRS Chapter 189A. [Therefore,] This administrative regulation sets forth procedures to be followed in applying to the circuit court clerk for a hardship driver's license and for the circuit clerk to issue the license. It further sets forth the fee for the hardship driver's license, provides for cancellation of a hardship driver's license, and allows for a replacement or a renewed hardship driver's license to be issued.

      Section 1. Issuance of Hardship Driver's License. (1) A person who has been given a court order authorizing the issuance of a hardship driver's license [by the district court which withdrew his driving privilege,] shall apply for [the issuance of] the license at the driver licensing issuance office of the circuit court clerk in his or her county of residence.

      (2) The license [to be issued by the circuit clerk] shall be a photo license clearly designated "hardship" on the face of the license.

      (3) A person who is arrested for an alcohol or substance offense[He] shall not be issued a hardship driver's license sooner than the expiration of the minimum license suspension period imposed by the court as established in [accordance with] KRS 189A.010(6), 189A.070, 189A.107, or 189A.410.

      (4)(a) A hardship order may be issued immediately after a license suspension for failure to pay restitution as established in KRS 532.356.

(b) The hardship license shall be valid for one (1) year and shall be renewed yearly until restitution is completed.

(c) The hardship license may be renewed one (1) year from the date of issuance.

(5) If the court requires an ignition interlock device as a condition of the hardship license, 601 KAR 2:030 shall be applicable.

      Section 2. Submission of Withdrawal Notice. (1) If[When] applying for the issuance of the hardship driver's license, the applicant shall present the [district] court order granting hardship driving privilege, the driving privilege withdrawal notice from the Transportation Cabinet, Division of Driver Licensing, and some form of identification to the driver licensing issuance office.

      (2) If the applicant does not have the withdrawal notice from the Transportation Cabinet, Division of Driver Licensing, the circuit court clerk shall contact the Division of Driver Licensing to determine the date of expiration of the hardship driver's license.

      Section 3. Eligibility. (1) [Only] A person whose Kentucky operator's license has been suspended or revoked as a result of the current charge of driving while under the influence of alcohol or other impairing substances or a person required to make restitution after a conviction of KRS 434.650-670, 434.690, 506.120, 514.030-060, 514.070-090, 514.110, or 514.120 may be issued a hardship driver's license.

      (2) If the applicant for a hardship driver's license is a new Kentucky resident whose[who had his] driving privilege has been withdrawn in another jurisdiction, he or she shall not be eligible for a hardship driver's license until the jurisdiction imposing the driving privilege withdrawal provides a statement that the person is eligible to have his or her driving privilege restored.

      Section 4. Hardship Driver's License Fee. (1)(a) The applicant for a hardship driver's license shall pay a five (5) dollar fee pursuant to KRS 189A.450 to the circuit court clerk for his photo hardship driver's license.

(b) [After receipt of the fee,] The circuit court clerk shall forward the fee to the Transportation Cabinet in accordance with KRS 186.490.

(2)(a) A renewed hardship license shall be available at a cost of five (5) dollars per year for a driver who has not completed restitution as required in KRS 532.356.

(b) A driver whose driving privilege has been suspended for five (5) years or more because he or she has failed to make restitution shall not be required to start over as a new driver.

      Section 5. Hardship Driver's License Attachments. The circuit court clerk shall:

      (1) Attach the yellow copy of the court order to the hardship driver's photo license before it is given to the applicant. The hardship driver's license shall not be considered complete or official unless the copy of the court order is attached;

      (2) Attach a copy of the court order requiring interlock device installation, if applicable; and

      (3) Note on the court order form[from] that additional instructions are attached if the orders, instructions, or restrictions of the court are so extensive that they cannot be written in full. The additional instructions shall be certified or attested and attached to the hardship driver's license in addition to the yellow copy of the court order form in order for the license to be considered complete or official.

      Section 6. Replacement Hardship Driver's License. If a valid hardship driver's license is lost or destroyed, the licensee may apply for a replacement photo license by presenting another copy of the court order and a five (5) dollar fee to the circuit court clerk in the county of [his] residence.

      Section 7. Cancellation of Hardship Driver's License. (1) The [district] court withdrawing the licensee's[person's] driving privilege [as a result of the violation of KRS 189A.010] has exclusive jurisdiction over the issuance of a hardship driver's license.

      (2) If the person is convicted of an additional offense that[which] would cause the withdrawal of his or her driving privilege, or reported by a court to have not satisfied an outstanding citation that[which] would cause the withdrawal of the licensee's[his] driving privilege, the Transportation Cabinet shall cancel the hardship driver's license and notify the licensee.

      Section 8. Decal Requirements. The decal required by KRS 189A.430 shall be placed in the lower corner of the rear window on the driver's side in a motor vehicle that[which] has a rear window. If the motor vehicle does not have a rear window, the decal shall be placed so that it is plainly visible from the rear of the motor vehicle.

GERI GRIGSBY, Acting Commissioner

MIKE HANCOCK, Acting Secretary

      APPROVED BY AGENCY: October 12, 2009

      FILED WITH LRC: October 14, 2009 at 11 a.m.

PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on November 24, 2009 at 10 a.m. local time at the Transportation Cabinet, Transportation Cabinet Building, Hearing Room C121, 200 Mero Street, Frankfort, Kentucky 40622. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) working days prior to the hearing, of their intent to attend. If you have a disability for which the Transportation Cabinet needs to provide accommodations, please notify us of your requirement five working days prior to the hearing. This request does not have to be in writing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until the close of business November 30, 2009. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: D. Ann Dangelo, Asst. General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, phone (502) 564-7650, fax (502) 564-5238.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

Contact Person: Ann DAngelo

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This regulation provides the procedures for issuance of a hardship driver’s license.

      (b) The necessity of this administrative regulation: This regulatory amendment is necessary in order to comply with the statutory amendment of KRS 532.356 by HB 369.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This amendment establishes the procedures to obtain a hardship license for persons whose driving privileges have been revoked until restitution is made for a theft related offense.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This amended regulation will establish the procedures to obtain a hardship driver’s license for persons who must make restitution as a result of theft related offenses.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This regulatory amendment will reflect the statutory amendment of KRS 532.356 that adds a new group of persons who are eligible to obtain a hardship driver’s license.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary due to the statutory change in KRS 532.356 that resulted from the passage of HB 369.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment complies with the new standards for hardship licenses.

      (d) How the amendment will assist in the effective administration of the statutes: The amended regulation will establish the procedures to obtain a hardship drivers license for persons who must make restitution as a result of theft related offenses.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: District and Circuit Court clerks; Transportation Cabinet, Division of Drivers Licensing; all persons eligible to obtain a hardship drivers license.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Currently, the cabinet’s computer systems only recognize DUI offenders as eligible for a hardship driver’s license. The systems must be updated and changed to include the theft related offenses. It is possible that the clerk’s offices will need to hire additional personnel.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Transportation Cabinet costs will be approximately $300,000 for COT to update and program our current systems. It is estimated that of the $300,000, $100,000 to $200,000 will be needed to program the initial court orders and all necessary information from the Kentucky courts to our system. COT estimates that the remaining $100,000 will be spent in programming our system to include theft related offenses.

      (c) As a result of compliance, what benefits will accrue to the entities identified in questions (3): No benefits, but the entities will be in compliance with the statutory amendment.

      (5) Provide an estimate of how much it will cost the administrative body to implement the administrative regulation:

      (a) Initially: The $300,000 estimated by COT as necessary to change and set up our computer system.

      (b) On a continuing basis: There should not be additional costs.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Cabinet funding for COT programming costs comes from account number KA52 managed by the cabinet’s Office of Technology.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: There will not be an increase in fees or funding.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This amendment to the current regulation did not establish a fee. The $5 fee for a hardship license was already in place.

      (9) TIERING: Is tiering applied? No. The $5 cost for obtaining a hardship drivers license is the same for all eligible offenders.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

      1. Does this administrative regulation relate to any program, service, or requirements of a state or local government (including cities, counties, fire departments, or school districts)? Yes

      2. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Transportation Cabinet’s Division of Drivers Licensing, Circuit and District Court Clerk’s offices.

      3. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 532.356

      4. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. The Cabinet may spend an estimated $300,000 in order to update our computer systems to implement the statutory changes. It is possible that the clerk’s offices will need to hire personnel to accommodate additional applicants for hardship licenses.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? The $5 fee paid to obtain a hardship license is generally absorbed in the administrative costs necessary to process it. It is unlikely that this amended regulation will generate additional revenue.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? It is unlikely that this amended regulation will generate additional revenue.

      (c) How much will it cost to administer this program for the first year? The estimated $300,000 that will be paid to COT to modify and set up our computer systems.

      (d) How much will it cost to administer this program for subsequent years? No additional costs are anticipated for the cabinet in subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+-):

      Expenditures (+-):

      Other Explanation: