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

  (a)(1)  Exceptas provided in paragraph (2), upon proof that the respondent has installed anignition interlock device in the respondent's vehicle, the director shall issuean ignition interlock permit that will allow the respondent to drive a vehicleequipped 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 4license under section 286-102(b) or a commercial driver's license under section286-239(b) unless the ignition interlock permit is restricted to a category 1,2, or 3 license under section 286-102(b).

  (b)(1)  Thedirector may issue a separate permit authorizing a respondent to operate avehicle owned by the respondent's employer during the period of revocationwithout installation of an ignition interlock device if the respondent isgainfully employed in a position that requires driving and the respondent willbe discharged if prohibited from driving a vehicle not equipped with anignition interlock device.

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

(A)  A sworn statement from the respondentcontaining facts establishing that the respondent currently is employed in aposition that requires driving and that the respondent will be discharged ifprohibited from driving a vehicle not equipped with an ignition interlockdevice; and

(B)  A sworn statement from the respondent'semployer establishing that the employer will, in fact, discharge the respondentif the respondent is prohibited from driving a vehicle not equipped with anignition interlock device and identifying the specific vehicle and hours of theday the respondent will drive, not to exceed twelve hours per day, for purposesof 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 toexceed twelve hours per day, and only for activities solely within the scope ofthe employment;

(2)  Only the vehicle specified; and

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

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