[§291E-44.5]  Ignition interlock permits;
driving for employment.  [Section effective January 1, 2011.]



  (a)(1)  Except
as provided in paragraph (2), upon proof that the respondent has installed an
ignition interlock device in the respondent's vehicle, the director shall issue
an ignition interlock permit that will allow the respondent to drive a vehicle
equipped with an ignition interlock device during the revocation period; or



(2)  Notwithstanding any other law to the contrary,
the director shall not issue an ignition interlock permit to:



(A)  A respondent whose license is expired,
suspended, or revoked as a result of action other than the instant revocation;
or



(B)  A respondent who holds either a category 4
license under section 286-102(b) or a commercial driver's license under section
286-239(b) unless the ignition interlock permit is restricted to a category 1,
2, or 3 license under section 286-102(b).



  (b)(1)  The
director may issue a separate permit authorizing a respondent to operate a
vehicle owned by the respondent's employer during the period of revocation
without installation of an ignition interlock device if the respondent is
gainfully employed in a position that requires driving and the respondent will
be discharged if prohibited from driving a vehicle not equipped with an
ignition interlock device.



(2)  A request made pursuant to paragraph (1) shall be
accompanied by:



(A)  A sworn statement from the respondent
containing facts establishing that the respondent currently is employed in a
position that requires driving and that the respondent will be discharged if
prohibited from driving a vehicle not equipped with an ignition interlock
device; and



(B)  A sworn statement from the respondent's
employer establishing that the employer will, in fact, discharge the respondent
if the respondent is prohibited from driving a vehicle not equipped with an
ignition interlock device and identifying the specific vehicle and hours of the
day the respondent will drive, not to exceed twelve hours per day, for purposes
of employment.



(c)  A permit issued pursuant to subsection (b)
shall include restrictions allowing the respondent to drive:



(1)  Only during specified hours of employment, not to
exceed twelve hours per day, and only for activities solely within the scope of
the employment;



(2)  Only the vehicle specified; and



(3)  Only if the permit is kept in the respondent's
possession while operating the employer's vehicle.



In addition, the director may impose other
appropriate restrictions. [L 2008, c 171, §3; am L 2009, c 88, §13]