(5) The determination of eligibility for the waiver is subject to periodic review at the discretion of the department. The department shall revoke a waiver issued pursuant to this exemption if the department determines that the person has been driving a vehicle other than the vehicle owned by the employer or person’s has been operating the vehicle outside the person’s employer’s locations, days, or hours specified by the employer in the The person may seek relief from the department’s records. by filing a request for a contested case department’s determination hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings.” SECTION 2. Section 5652941(L) of the 1976 Code is amended to read: A person who is required in the course and scope of the “(L)(1) employment to drive a motor vehicle owned by the person’s employer may drive the motor vehicle without person’s employer’s installation of an ignition interlock device, provided that the use of the motor vehicle is solely for the person’s employer’s business purposes. employer’s (2) This subsection does not apply to: (a) a person convicted of a second or subsequent violation of Section 5652930, 5652933, 5652945, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, unless the driving person’s privileges have been suspended for not less than one year or the person has had an ignition interlock device installed for not less than one year on each of the motor vehicles owned or operated, or both, by the person. (b) a person who is self employed or to a person who is employed by a business owned in whole or in part by the person or a member of the household or immediate family unless person’s during the defense of a criminal charge, the court finds that the by the business serves a legitimate business vehicle’s ownership purpose and that titling and registration of the vehicle by the business was not done to circumvent the intent of this section. (2)(3) Whenever the person operates the vehicle employer’s pursuant to this subsection, the person shall have with the person a copy of the Department of Motor form specified by Vehicles’ Section 561400(B).
(5) The determination of eligibility for the waiver is subject to periodic review at the discretion of the department. The department shall revoke a waiver issued pursuant to this exemption if the department determines that the person has been driving a vehicle other than the vehicle owned by the person’s employer or has been operating the person’s employer’s vehicle outside the locations, days, or hours specified by the employer in the department’s records. The person may seek relief from the department’s determination by filing a request for a contested case hearing with the Office of Motor Vehicle Hearings pursuant to the Administrative Procedures Act and the rules of procedure for the Office of Motor Vehicle Hearings.” SECTION 2. Section 5652941(L) of the 1976 Code is amended to read: “(L)(1) A person who is required in the course and scope of the person’s employment to drive a motor vehicle owned by the person’s employer may drive the employer’s motor vehicle without installation of an ignition interlock device, provided that the person’s use of the employer’s motor vehicle is solely for the employer’s business purposes. (2) This subsection does not apply to: (a) a person convicted of a second or subsequent violation of Section 5652930, 5652933, 5652945, or a law of another state that prohibits a person from driving a motor vehicle while under the influence of alcohol or other drugs, unless the person’s driving privileges have been suspended for not less than one year or the person has had an ignition interlock device installed for not less than one year on each of the motor vehicles owned or operated, or both, by the person. (b) a person who is self employed or to a person who is employed by a business owned in whole or in part by the person or a member of the person’s household or immediate family unless during the defense of a criminal charge, the court finds that the vehicle’s ownership by the business serves a legitimate business purpose and that titling and registration of the vehicle by the business was not done to circumvent the intent of this section. (2)(3) Whenever the person operates the employer’s vehicle pursuant to this subsection, the person shall have with the person a copy of the Department of Motor Vehicles’ form specified by Section 561400(B).
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