601 KAR 12:060. Hardship driver's license.
RELATES TO: KRS 189A.400-189A.460
STATUTORY AUTHORITY: KRS 189A.460
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through 189A.460 provides for the issuance of a hardship driver's license to a person whose driving privilege has been withdrawn for a conviction of KRS 189A.010. 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 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 a replacement 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 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) He shall not be issued a hardship driver's license sooner than the expiration of the minimum license suspension period imposed by the court in accordance with KRS 189A.010(6), 189A.070, 189A.107, or 189A.410.
(4) 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) 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 may be issued a hardship driver's license.
(2) If the applicant for a hardship driver's license is a new Kentucky resident who had his driving privilege withdrawn in another jurisdiction, he 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 driving privilege restored.
Section 4. Hardship Driver's License Fee. 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. After receipt of the fee, the circuit court clerk shall forward the fee to the Transportation Cabinet in accordance with KRS 186.490.
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 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 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 which would cause the withdrawal of his driving privilege or reported by a court to have not satisfied an outstanding citation which would cause the withdrawal of 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 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. (18 Ky.R. 567; Am. 1007; eff. 10-1-91; 27 Ky.R. 2576; 3085; eff. 5-14-2001.)