Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
189A.010,
189A.070,
189A.107,
189A.400-189A.460, 434.650-670,
434.690,
506.120,
514.030-060, 514.070-090,
514.110,
514.120
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
189A.400 through
189A.460
authorizes 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driving privilege has been withdrawn for a conviction of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 authorizes 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driver's license to a person whose driving privilege has been withdrawn until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 court withdrawing the person's driving privilege has exclusive jurisdiction
to decide whether the person shall be issued a hardship driver's license, and
the hardship driver's license shall 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. 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 shall apply
for the license at the driver licensing issuance office of the circuit court
clerk in his or her county of residence.
(2) The license shall be a photo license
clearly designated "hardship" on the front of the license.
(3) A person arrested for an alcohol or
substance offense 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
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 may be renewed yearly from the date of issuance until
restitution is completed.
(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 applying for the issuance of the
hardship driver's license, the applicant shall present:
(a) The court order granting hardship driving
privilege;
(b) Except as
established in subsection (2) of this section, the driving privilege withdrawal
notice from the Transportation Cabinet, Division of Driver Licensing;
and
(c) 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) 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
434.650670,
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 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) 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)
(a)
Attach the yellow copy of the court order to the hardship driver's photo
license before it is given to the applicant; and
(b) 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 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 residence.
Section 7.
Cancellation of Hardship Driver's License.
(1)
The court withdrawing the licensee's driving privilege has exclusive
jurisdiction over the issuance of a hardship driver's license.
(2) If the person is convicted of an
additional offense that would cause the withdrawal of his or her driving
privilege, or reported by a court to have not satisfied an outstanding citation
that would cause the withdrawal of the licensee's driving privilege, the
Transportation Cabinet shall cancel the hardship driver's license and notify
the licensee.
Section 8.
Decal Requirements.
(1) 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 has a rear window.
(2)
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.
STATUTORY AUTHORITY: KRS 189A.400-189A.460,
532.356
