Can I get hardship license in Kentucky if suspended in another state?
Full Question:
Can I get hardship license if suspended in another state?
06/07/2017 |
Category: Drivers Lice... ยป Drivers Hard... |
State: Kentucky |
#39410
Answer:
Statutes in this regard are given below:
KRS § 189A.400
District Court jurisdiction over issuance of ignition interlock and hardship licenses -- County attorney's review of application and right to object.
(1) The District Court shall have exclusive jurisdiction over the issuance of ignition interlock and hardship licenses.
(2) The county attorney shall review applications submitted to the District Court and may object to the issuance of ignition interlock and hardship licenses.
KRS § 189A.410
Purposes for issuance of hardship license -- Prerequisite to court's granting of hardship driving privileges -- Prohibition against issuance when alcohol or substance test was refused.
(1) At any time following the expiration of the minimum license suspension periods enumerated in:
(a) KRS 189A.010(6); or
(b) KRS 189A.070 for a violation of:
1. KRS 189A.010(1)(c) or (d); or
2. KRS 189A.010(1)(a), (b), or (e) for a first offense within a ten (10) year period if, at the time of the offense, none of the aggravating circumstances enumerated under KRS 189A.010(11) were present while the person was operating or in control of a motor vehicle;
the court may grant the person hardship driving privileges for the balance of the suspension period imposed by the court, upon written petition of the defendant, if the court finds reasonable cause to believe that revocation would hinder the person's ability to continue his employment; continue attending school or an educational institution; obtain necessary medical care; attend driver improvement, alcohol, or substance abuse education programs; or attend court-ordered counseling or other programs.
(2) Before granting hardship driving privileges, the court shall order the person to:
(a) Provide the court with proof of motor vehicle insurance;
(b) If necessary, provide the court with a written, sworn statement from his or her employer, on a form provided by the cabinet, detailing his or her job, hours of employment, and the necessity for the person to use the employer's motor vehicle either in his or her work at the direction of the employer during working hours, or in travel to and from work if the license is sought for employment purposes; and
(c) If the person is self-employed, to provide the information required in paragraph (b) of this subsection together with a sworn statement as to its truth;
(d) Provide the court with a written, sworn statement from the school or educational institution which he attends, of his or her class schedule, courses being undertaken, and the necessity for the person to use a motor vehicle in his travel to and from school or other educational institution if the license is sought for educational purposes. Licenses for educational purposes shall not include participation in sports, social, extracurricular, fraternal, or other noneducational activities;
(e) Provide the court with a written, sworn statement from a physician, or other medical professional licensed but not certified under the laws of Kentucky, attesting to the person's normal hours of treatment, and the necessity to use a motor vehicle to travel to and from the treatment if the license is sought for medical purposes;
(f) Provide the court with a written, sworn statement from the director of any alcohol or substance abuse education or treatment program as to the hours in which the person is expected to participate in the program, the nature of the program, and the necessity for the person to use a motor vehicle to travel to and from the program if the license is sought for alcohol or substance abuse education or treatment purposes;
(g) Provide the court with a copy of any court order relating to treatment, participation in driver improvement programs, or other terms and conditions ordered by the court relating to the person which require him or her to use a motor vehicle in traveling to and from the court-ordered program. The judge shall include in the order the necessity for the use of the motor vehicle; and
(h) Provide to the court any information as may be required by administrative regulation of the Transportation Cabinet.
(3) The court shall not issue a hardship license to a person who has refused to take an alcohol concentration or substance test or tests offered by a law enforcement officer.
KRS § 189A.420
Required information for issuance of hardship license -- Prerequisite to court authorization for person seeking to operate motor vehicle or motorcycle equipped with ignition interlock device -- Fees and costs.
(1) A person shall be eligible for an ignition interlock license:
(a) During a period of license suspension under this chapter or upon the conclusion of a license revocation period pursuant to KRS 189A.340; or
(b) If he or she was convicted pursuant to KRS 189A.010(1)(a), (b), (e), or (f) and has enrolled in and is actively participating or has completed, alcohol or substance treatment.
(2) Before authorizing a person to apply for an ignition interlock license, the court shall order the person to:
(a) Provide the court with proof of motor vehicle insurance;
(b) If necessary, provide the court with a written, sworn statement from his employer, on a form provided by the cabinet, detailing the necessity for the defendant to use the employer's motor vehicle in his work at the direction of the employer during working hours, and acknowledging that the person is restricted from using an employer's nonignition interlock-equipped vehicle until the expiration of thirty (30) days from the date of issuance of an ignition interlock license for a first offense or twelve (12) months from the date of issuance of an ignition interlock license for a second or subsequent offense in violation of KRS 189A.010; and
(c) Provide to the court such other information as may be required by administrative regulation of the Transportation Cabinet.
(3) No court shall grant authorization for a person to operate only motor vehicles or motorcycles equipped with a functioning ignition interlock device, unless and until the person:
(a) Provides proof that the person has been issued or has filed a completed application with the Transportation Cabinet for issuance of an ignition interlock license pursuant to KRS 189A.500; and
(b) Provides a certificate of installation of an ignition interlock device issued by a certified ignition interlock device provider pursuant to KRS 189A.500.
(4) Whenever the court grants authorization to apply for an ignition interlock license pursuant to this section, the court through court order, shall:
(a) Prohibit the person from operating any motor vehicle or motorcycle without a functioning ignition interlock device;
(b) Require that within the first thirty (30) days of installation of an ignition interlock device and every sixty (60) days thereafter, the person shall have the device serviced pursuant to the administrative regulations promulgated by the cabinet under KRS 189A.500; and
(c) If the requirements of paragraph (b) of subsection (2) of this section are met, allow that after the expiration of thirty (30) days from the date of issuance of an ignition interlock license for a first offense or twelve (12) months from the date of issuance of an ignition interlock license for a second or subsequent offense in violation of KRS 189A.010, the person may use an employer's nonignition interlock-equipped vehicle as part of the employee's job duties if the person is to be authorized by the cabinet to use a nonignition interlock vehicle owned or leased by the employer as part of the employee's job duties.
(5) Upon authorizing a person to operate only motor vehicles or motorcycles equipped with a functioning ignition interlock device, the court, without a waiver or a stay of the following procedure, shall:
(a) Transmit its order and other appropriate information to the Transportation Cabinet;
(b) Direct that the Transportation Cabinet records reflect:
1. That during the applicable suspension or revocation period or upon the conclusion of a license revocation period, the person shall not operate a motor vehicle or motorcycle without a functioning ignition interlock device;
2. Whether the court has expressly permitted the person to operate a motor vehicle or motorcycle without a functioning ignition interlock device, as provided in subsection (2)(b) of this section; and
3. Direct the Transportation Cabinet to issue to any person restricted pursuant to this section an ignition interlock license that states the person shall operate only a motor vehicle or motorcycle equipped with a functioning ignition interlock device. However, if the exception provided for in subsection (2)(b) of this section applies, the license shall indicate the exception.
(6) All persons applying for an ignition interlock license shall pay a nonrefundable application fee to the Transportation Cabinet in an amount not to exceed the actual cost to the cabinet for issuing the ignition interlock license, but not to exceed two hundred dollars ($ 200).
(7) The court shall require the person to pay the reasonable cost of leasing or buying, installing, servicing, and monitoring the device. If the court determines that a defendant is indigent, the court may, based on a sliding scale established by the Supreme Court of Kentucky by rule, require the defendant to pay the costs imposed under this section in an amount that is less than the full amount of the costs associated with the lease, purchase, or installation of an ignition interlock device and associated servicing and monitoring fees. If a defendant pays to an ignition interlock provider the amount ordered by the court under this subsection, the provider shall accept the amount as payment in full. Neither the Commonwealth, Transportation Cabinet, or any unit of state or local government shall be responsible for payment of any costs associated with an ignition interlock device.
KRS § 189A.450
Service fee for hardship driving privileges.
All persons granted hardship driving privileges shall pay a service fee to the Transportation Cabinet an amount not to exceed the actual cost to the Cabinet for issuing the permit card and decal, but not to exceed two hundred dollars ($ 200).
District Court jurisdiction over issuance of ignition interlock and hardship licenses -- County attorney's review of application and right to object.
(1) The District Court shall have exclusive jurisdiction over the issuance of ignition interlock and hardship licenses.
(2) The county attorney shall review applications submitted to the District Court and may object to the issuance of ignition interlock and hardship licenses.
KRS § 189A.410
Purposes for issuance of hardship license -- Prerequisite to court's granting of hardship driving privileges -- Prohibition against issuance when alcohol or substance test was refused.
(1) At any time following the expiration of the minimum license suspension periods enumerated in:
(a) KRS 189A.010(6); or
(b) KRS 189A.070 for a violation of:
1. KRS 189A.010(1)(c) or (d); or
2. KRS 189A.010(1)(a), (b), or (e) for a first offense within a ten (10) year period if, at the time of the offense, none of the aggravating circumstances enumerated under KRS 189A.010(11) were present while the person was operating or in control of a motor vehicle;
the court may grant the person hardship driving privileges for the balance of the suspension period imposed by the court, upon written petition of the defendant, if the court finds reasonable cause to believe that revocation would hinder the person's ability to continue his employment; continue attending school or an educational institution; obtain necessary medical care; attend driver improvement, alcohol, or substance abuse education programs; or attend court-ordered counseling or other programs.
(2) Before granting hardship driving privileges, the court shall order the person to:
(a) Provide the court with proof of motor vehicle insurance;
(b) If necessary, provide the court with a written, sworn statement from his or her employer, on a form provided by the cabinet, detailing his or her job, hours of employment, and the necessity for the person to use the employer's motor vehicle either in his or her work at the direction of the employer during working hours, or in travel to and from work if the license is sought for employment purposes; and
(c) If the person is self-employed, to provide the information required in paragraph (b) of this subsection together with a sworn statement as to its truth;
(d) Provide the court with a written, sworn statement from the school or educational institution which he attends, of his or her class schedule, courses being undertaken, and the necessity for the person to use a motor vehicle in his travel to and from school or other educational institution if the license is sought for educational purposes. Licenses for educational purposes shall not include participation in sports, social, extracurricular, fraternal, or other noneducational activities;
(e) Provide the court with a written, sworn statement from a physician, or other medical professional licensed but not certified under the laws of Kentucky, attesting to the person's normal hours of treatment, and the necessity to use a motor vehicle to travel to and from the treatment if the license is sought for medical purposes;
(f) Provide the court with a written, sworn statement from the director of any alcohol or substance abuse education or treatment program as to the hours in which the person is expected to participate in the program, the nature of the program, and the necessity for the person to use a motor vehicle to travel to and from the program if the license is sought for alcohol or substance abuse education or treatment purposes;
(g) Provide the court with a copy of any court order relating to treatment, participation in driver improvement programs, or other terms and conditions ordered by the court relating to the person which require him or her to use a motor vehicle in traveling to and from the court-ordered program. The judge shall include in the order the necessity for the use of the motor vehicle; and
(h) Provide to the court any information as may be required by administrative regulation of the Transportation Cabinet.
(3) The court shall not issue a hardship license to a person who has refused to take an alcohol concentration or substance test or tests offered by a law enforcement officer.
KRS § 189A.420
Required information for issuance of hardship license -- Prerequisite to court authorization for person seeking to operate motor vehicle or motorcycle equipped with ignition interlock device -- Fees and costs.
(1) A person shall be eligible for an ignition interlock license:
(a) During a period of license suspension under this chapter or upon the conclusion of a license revocation period pursuant to KRS 189A.340; or
(b) If he or she was convicted pursuant to KRS 189A.010(1)(a), (b), (e), or (f) and has enrolled in and is actively participating or has completed, alcohol or substance treatment.
(2) Before authorizing a person to apply for an ignition interlock license, the court shall order the person to:
(a) Provide the court with proof of motor vehicle insurance;
(b) If necessary, provide the court with a written, sworn statement from his employer, on a form provided by the cabinet, detailing the necessity for the defendant to use the employer's motor vehicle in his work at the direction of the employer during working hours, and acknowledging that the person is restricted from using an employer's nonignition interlock-equipped vehicle until the expiration of thirty (30) days from the date of issuance of an ignition interlock license for a first offense or twelve (12) months from the date of issuance of an ignition interlock license for a second or subsequent offense in violation of KRS 189A.010; and
(c) Provide to the court such other information as may be required by administrative regulation of the Transportation Cabinet.
(3) No court shall grant authorization for a person to operate only motor vehicles or motorcycles equipped with a functioning ignition interlock device, unless and until the person:
(a) Provides proof that the person has been issued or has filed a completed application with the Transportation Cabinet for issuance of an ignition interlock license pursuant to KRS 189A.500; and
(b) Provides a certificate of installation of an ignition interlock device issued by a certified ignition interlock device provider pursuant to KRS 189A.500.
(4) Whenever the court grants authorization to apply for an ignition interlock license pursuant to this section, the court through court order, shall:
(a) Prohibit the person from operating any motor vehicle or motorcycle without a functioning ignition interlock device;
(b) Require that within the first thirty (30) days of installation of an ignition interlock device and every sixty (60) days thereafter, the person shall have the device serviced pursuant to the administrative regulations promulgated by the cabinet under KRS 189A.500; and
(c) If the requirements of paragraph (b) of subsection (2) of this section are met, allow that after the expiration of thirty (30) days from the date of issuance of an ignition interlock license for a first offense or twelve (12) months from the date of issuance of an ignition interlock license for a second or subsequent offense in violation of KRS 189A.010, the person may use an employer's nonignition interlock-equipped vehicle as part of the employee's job duties if the person is to be authorized by the cabinet to use a nonignition interlock vehicle owned or leased by the employer as part of the employee's job duties.
(5) Upon authorizing a person to operate only motor vehicles or motorcycles equipped with a functioning ignition interlock device, the court, without a waiver or a stay of the following procedure, shall:
(a) Transmit its order and other appropriate information to the Transportation Cabinet;
(b) Direct that the Transportation Cabinet records reflect:
1. That during the applicable suspension or revocation period or upon the conclusion of a license revocation period, the person shall not operate a motor vehicle or motorcycle without a functioning ignition interlock device;
2. Whether the court has expressly permitted the person to operate a motor vehicle or motorcycle without a functioning ignition interlock device, as provided in subsection (2)(b) of this section; and
3. Direct the Transportation Cabinet to issue to any person restricted pursuant to this section an ignition interlock license that states the person shall operate only a motor vehicle or motorcycle equipped with a functioning ignition interlock device. However, if the exception provided for in subsection (2)(b) of this section applies, the license shall indicate the exception.
(6) All persons applying for an ignition interlock license shall pay a nonrefundable application fee to the Transportation Cabinet in an amount not to exceed the actual cost to the cabinet for issuing the ignition interlock license, but not to exceed two hundred dollars ($ 200).
(7) The court shall require the person to pay the reasonable cost of leasing or buying, installing, servicing, and monitoring the device. If the court determines that a defendant is indigent, the court may, based on a sliding scale established by the Supreme Court of Kentucky by rule, require the defendant to pay the costs imposed under this section in an amount that is less than the full amount of the costs associated with the lease, purchase, or installation of an ignition interlock device and associated servicing and monitoring fees. If a defendant pays to an ignition interlock provider the amount ordered by the court under this subsection, the provider shall accept the amount as payment in full. Neither the Commonwealth, Transportation Cabinet, or any unit of state or local government shall be responsible for payment of any costs associated with an ignition interlock device.
KRS § 189A.450
Service fee for hardship driving privileges.
All persons granted hardship driving privileges shall pay a service fee to the Transportation Cabinet an amount not to exceed the actual cost to the Cabinet for issuing the permit card and decal, but not to exceed two hundred dollars ($ 200).
