New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Road Transport Amendment (Mandatory
Alcohol Interlock Program) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Road Transport Act 2013 (the Principal Act):
(a) to replace provisions of that Act giving a court the discretion to order the use of breath
alcohol interlock devices fitted to motor vehicles as an alternative to disqualification for
drivers convicted of certain alcohol-related driving offences with provisions requiring the
making of a mandatory interlock order imposing a mandatory period of disqualification
together with such an interlock requirement, and
(b) to provide for the accreditation of persons installing, removing, maintaining and carrying
out other functions in relation to such devices and for Roads and Maritime Services (the
Authority) to enter into agreements concerning the exercise of such functions, and
(c) to enable the Authority to require certain holders of licences who repeatedly exceed
specified demerit point thresholds to undertake driver education courses and driver
knowledge tests, and
(d) to make provisions of a consequential or savings and transitional nature.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be proclaimed.
b2013-135-19.d13
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Explanatory note
Schedule 1 Amendment of Road Transport Act 2013 No 18
Mandatory alcohol interlock program
Schedule 1 [29] substitutes Division 2 of Part 7.4 of the Principal Act with a new Division to
achieve the object described in paragraph (a) of the above Overview.
The new Division will apply only to persons convicted of a mandatory interlock offence (as
defined in proposed section 209) committed after the commencement of proposed section 208.
Persons to whom a disqualification order applied under the Division being replaced will continue
to be subject to the provisions applicable before substitution of the Division (Schedule 1 [33])).
Under the new Division, a court that convicts a person of a mandatory interlock offence must
make either a mandatory interlock order or an interlock exemption order in respect of the person
(proposed section 210).
The effect of a mandatory interlock order is to disqualify the person from holding any licence for
a minimum disqualification period prescribed by proposed section 211 (or a longer period
specified by the court) and to disqualify the person from holding a licence (other than a learner
licence or an interlock driver licence) for a further minimum or specified period. An interlock
driver licence is a conditional licence that restricts the holder from driving a vehicle unless it is
fitted with an approved interlock device and imposes certain conditions (such as conditions
relating to use and maintenance of the device).
An interlock exemption order exempts an offender from the operation of section 211 and can only
be made if the offender satisfies the court as to certain matters specified in proposed section 212.
If an interlock exemption order is made, the offender will be disqualified from driving under
section 205 of the Principal Act and may be required by the Authority to undergo a drink driving
education program. An offender who is subject to an interlock exemption order is able, in
accordance with proposed section 213, to convert the disqualification period applying to the
offender into an interlock period.
Proposed section 214 enables a court to make an interlock order in relation to a person convicted
of certain prescribed dangerous driving offences.
Proposed section 215 describes participation in an interlock program and makes it clear that the
Authority may refuse to issue to a person who wishes to cease participating in such a program with
a licence without an interlock condition in certain circumstances.
Proposed sections 215A and 215B describe the effect of completing an interlock period.
Schedule 1 [30] and [31] amend section 225 of the Principal Act so that periods of suspension
under immediate licence suspension notices may be taken into account by a court in imposing
mandatory interlock orders.
Schedule 1 [3] makes a consequential amendment to section 9 of the Principal Act to explain the
meaning of the term "second or subsequent offence" as used in the definition of mandatory
interlock offence in proposed section 209.
Schedule 1 [20]-[26] make consequential amendments to Part 5.1 of the Principal Act (Alcohol
and other drug use).
Schedule 1 [27] and [28] make consequential amendments to Division 1 (Licence
disqualification) of Part 7.4 of the Principal Act.
Accreditation of interlock service providers
Schedule 1 [8]-[15] and [17]-[19] amend Part 3.3 (Interlock devices) of the Principal Act to
achieve the object described in paragraph (b) of the above Overview.
Schedule 1 [16] amends section 47 of the Principal Act to enable statutory rules to be made with
respect to the issue of interlock driver licences to persons who held licences in other jurisdictions
that were subject to interlock conditions.
Page 2
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Explanatory note
Repeated incurrence of threshold number of demerit points
Schedule 1 [7] inserts proposed section 43A into the Principal Act to achieve the object described
in paragraph (c) of the above Overview.
Proposed section 43A enables the Authority to require the holder of an unrestricted driver licence
who incurs the threshold number of demerit points on 2 occasions within a period of 5 years to
undertake a specified driver knowledge test or driver education course (or both) and the holder of
a provisional P1 or P2 licence who incurs the threshold number of demerit points on 2 occasions
(whether or not within a 5-year period) to undertake a specified driver knowledge test. Failure to
comply with such a requirement may result in an extension of any period of suspension or licence
ineligibility applicable to the holder or suspension of all licences held by the holder.
Schedule 1 [4]-[6] make consequential amendments to section 36 of the Principal Act with
respect to when the good behaviour period of a person who makes an election under that section
to be of good behaviour as an alternative to licence suspension or ineligibility commences if the
person is required to undertake a driver knowledge test under section 43A.
Schedule 1 [1] inserts definitions of driver education course and driver knowledge test.
Schedule 1 [2] amends the definition of threshold number of demerit points to cover holders of
unrestricted driver licences.
Schedule 1 [32] amends Schedule 1 to the Principal Act to include the power to make statutory
rules with respect to driver education courses to be undertaken by holders of driver licences who
exceed the threshold number of demerit points.
Savings and transitional provisions
Schedule 1 [33] inserts savings and transitional provisions consequent on the enactment of the
proposed Act.
Page 3
First print
New South Wales
Road Transport Amendment (Mandatory
Alcohol Interlock Program) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Road Transport Act 2013 No 18 3
b2013-135-19.d13
New South Wales
Road Transport Amendment (Mandatory
Alcohol Interlock Program) Bill 2014
No , 2014
A Bill for
An Act to amend the Road Transport Act 2013 to make provision with respect to a mandatory
alcohol interlock program and further provision with respect to demerit points; and for other
purposes.
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Road Transport Amendment (Mandatory Alcohol Interlock Program) 3
Act 2014. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
Schedule 1 Amendment of Road Transport Act 2013 No 18 1
[1] Section 4 Definitions 2
Insert in alphabetical order in section 4 (1): 3
approved interlock device--see section 45. 4
driver education course means a course designed to increase knowledge of, 5
and to encourage, safe driving behaviour. 6
driver knowledge test, in relation to a person, means a test of the person's 7
knowledge of safe driving practices and road law. 8
interlock condition means the conditions imposed on an interlock driver 9
licence by or under this Act. 10
interlock device--see section 44. 11
interlock driver licence--see section 209 (1). 12
mandatory interlock order--see section 211. 13
[2] Section 4 (1), definition of "threshold number of demerit points" 14
Insert at the end of the definition: 15
, and 16
(c) for the holder of an unrestricted driver licence (other than a professional 17
driver)--13 or more demerit points, and 18
(d) for the holder of an unrestricted driver licence who is a professional 19
driver--14 or more demerit points. 20
[3] Section 9 Determination of "first offence" and "second or subsequent offence" 21
Insert "or the making of mandatory interlock orders" after "forfeitures" in the note to 22
section 9 (1). 23
[4] Section 36 Driver may elect to be of good behaviour as alternative 24
Insert "(the original suspension day) or, if the person is required by notice given under 25
section 43A to undertake a driver knowledge test, the later of the original suspension day 26
and the day on which the person undertakes and passes the test to the satisfaction of the 27
Authority" after "be suspended" in section 36 (1) (a). 28
[5] Section 36 (1) (b) (i) 29
Insert "(the original ineligibility day)" after "effect". 30
[6] Section 36 (1A) 31
Insert after section 36 (1): 32
(1A) Despite subsection (1) (b), if a person who makes an election under that 33
paragraph is required by notice given under section 43A to undertake a driver 34
knowledge test, the good behaviour period is for a period of 12 months from 35
the later of the original ineligibility day or day of election (as the case requires) 36
and the day on which the person undertakes and passes the test to the 37
satisfaction of the Authority. 38
Page 3
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
[7] Section 43A 1
Insert after section 43: 2
43A Consequences for repeated incurring of threshold number of demerit points 3
(1) The Authority may, by notice in writing, require the holder of an unrestricted 4
driver licence who incurs the threshold number of demerit points on 5
2 occasions within a period of 5 years to undertake a driver knowledge test or 6
driver education course, or both, specified in the notice. 7
(2) The Authority may, by notice in writing, require the holder of a provisional P1 8
licence or provisional P2 licence who incurs the threshold number of demerit 9
points on 2 occasions (whether or not within a period of 5 years) to undertake 10
a driver knowledge test specified in the notice. 11
(3) Notice under this section must specify the period within which the driver 12
knowledge test or driver education course must be undertaken and must 13
contain any other matters specified in the statutory rules. 14
(4) The person to whom a notice is given under this section must undertake the 15
required test or course within the period specified by the notice (or such longer 16
period as the Authority may allow). 17
(5) Notice may be given under this section whether or not the person has been 18
given a notice of licence suspension or notice of licence ineligibility under 19
section 33, 35, 40 or 41 as a result of incurring the threshold number of demerit 20
points justifying the giving of the notice under this section and whether or not 21
a person has given notification of an election under section 36. 22
(6) Any period of licence suspension or licence ineligibility applicable to a person 23
required to undertake a driver knowledge test by notice given under this 24
section is extended until such time as the person has undertaken, and passed to 25
the satisfaction of the Authority, the driver knowledge test. 26
(7) The Authority may give a notice to a person required to undertake a driver 27
education course by notice under this section who fails to undertake the course 28
suspending all driver licences held by the person until such time as the person 29
undertakes the course to the satisfaction of the Authority. 30
[8] Section 44 Definitions 31
Omit "Part". Insert instead "Act". 32
[9] Section 44 33
Omit the definitions of approved interlock device, approved interlock installer and 34
approved interlock service provider. 35
[10] Section 44 36
Insert in alphabetical order: 37
accredited interlock service provider means a person accredited by the 38
Authority under section 46 to exercise functions with respect to interlock 39
services. 40
interlock services include the supply, installation, removal, inspection, testing 41
and maintenance of interlock devices and collection and provision of data 42
concerning the installation and use of interlock devices. 43
Page 4
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
[11] Section 45 Meaning of "approved interlock device" 1
Omit "Part". Insert instead "Act". 2
[12] Section 46 Meaning of "accredited interlock service provider" 3
Omit section 46 (1)-(4). Insert instead: 4
(1) The Authority may enter into an agreement with a person about the exercise 5
of functions by the person with respect to the provision of interlock services 6
for the purposes of this Part and Division 2 of Part 7.4 (an interlock services 7
agreement). 8
(2) An agreement may (without limiting the matters with respect to which it may 9
make provision) include provision about the following: 10
(a) pricing arrangements for provision of interlock services, 11
(b) setting and maintenance of service standards (including, without 12
limitation, standards relating to the process of installing, maintaining 13
and removing interlock devices and delivery of services), 14
(c) the provision, sharing and protection of data recorded on interlock 15
devices. 16
(3) The functions of an accredited interlock service provider may be exercised by 17
any employee or agent of the accredited interlock service provider authorised 18
to do so by the accredited interlock service provider. 19
(4) The Authority may, by order in writing, accredit a person referred to in 20
subsection (1) as an accredited interlock service provider. 21
[13] Section 46 (5) 22
Omit "approved interlock installer or approved interlock service provider". 23
Insert instead "accredited interlock service provider or an employee or agent of such a 24
provider". 25
[14] Section 47 Statutory rules concerning installation, maintenance and use of interlock 26
devices 27
Omit "(whether or not for the purposes of a disqualification suspension order within the 28
meaning of section 208)" from section 47 (1). 29
[15] Section 47 (2) (a) 30
Omit the paragraph. Insert instead: 31
(a) provide for the issue of interlock driver licences that restrict the holders 32
of such licences to driving motor vehicles that are fitted with approved 33
interlock devices by accredited interlock service providers, and 34
[16] Section 47 (2) (a1) 35
Insert after section 47 (2) (a): 36
(a1) without limiting paragraph (a), make provision with respect to the 37
period during which an interlock driver licence issued to a person who 38
is the holder of a relevant Australian driver licence of another 39
jurisdiction that is subject to a requirement under a law of that 40
jurisdiction allowing the person to drive only a motor vehicle fitted with 41
an interlock device (however described) is to be subject to interlock 42
conditions, and 43
Page 5
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
[17] Section 47 (2) (f) and (g) 1
Omit the paragraphs. 2
[18] Section 48 Financial assistance for use of approved interlock devices 3
Omit "for the installation, removal or maintenance of such devices" from section 48 (1). 4
Insert instead "with respect to the cost of interlock services". 5
[19] Section 48 (5) 6
Omit the subsection. Insert instead: 7
(5) Financial assistance is to be paid from the Roads and Maritime Services Fund 8
established by section 77 of the Transport Administration Act 1988. 9
[20] Section 107 Definitions 10
Insert in alphabetical order in section 107 (1): 11
applicable interlock driver licence means an interlock driver licence issued on 12
or after the commencement of this definition. 13
[21] Section 107 (1), definition of "novice driver" 14
Omit "licence or applicable provisional licence" from paragraph (a) of the definition. 15
Insert instead "licence, applicable provisional licence or applicable interlock driver 16
licence". 17
[22] Section 107 (1), definition of "novice driver", paragraph (b) 18
Omit "licence or applicable provisional licence". 19
Insert instead "licence, applicable provisional licence or applicable interlock driver 20
licence". 21
[23] Section 107 (1), definition of "novice driver", paragraph (c) 22
Omit "licence or applicable provisional licence". 23
Insert instead "licence, applicable provisional licence or applicable interlock driver 24
licence". 25
[24] Section 107 (2) (a) 26
Omit "or applicable provisional licence". 27
Insert instead ", applicable provisional licence or applicable interlock driver licence". 28
[25] Section 107 (2) (b) (iii) 29
Omit "licence or applicable provisional licence". 30
Insert instead "licence, applicable provisional licence or applicable interlock driver 31
licence". 32
[26] Section 107 (2) (b) (iv) 33
Omit "or an interlock driver licence" after "provisional licence". 34
[27] Section 204 Court may disqualify driver on conviction 35
Insert "and Division 2" after "disqualification provision" in section 204 (1). 36
Page 6
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
[28] Section 205 Disqualification for certain major offences 1
Omit section 205 (6). Insert instead: 2
(6) Relationship to Division 2 3
This section does not (except as provided by section 212 (2)) apply to a person 4
to whom Division 2 applies. 5
[29] Part 7.4, Division 2 6
Omit the Division. Insert instead: 7
Division 2 Mandatory alcohol interlock program 8
208 Application of Division 9
(1) This Division applies to and in respect of a person convicted of a mandatory 10
interlock offence committed on or after the commencement of this section. 11
(2) This Division does not apply to or in respect of a person convicted of a 12
mandatory interlock offence who is declared to be a habitual traffic offender 13
by operation of section 217 (whether or not as a result of the conviction). 14
209 Definitions 15
(1) In this Division: 16
alcohol-related major offence means the following: 17
(a) an offence against section 110 (1) (a) or (b), 18
(b) an offence against section 110 (2) (a), (b) or (c), 19
(c) an offence against section 110 (3) (a), (b) or (c), 20
(d) an offence against section 110 (4) (a), (b) or (c), 21
(e) an offence against section 110 (5) (a), (b) or (c), 22
(f) an offence against section 112 (1) (a), (b) or (c) involving driving a 23
motor vehicle while under the influence of alcohol, 24
(g) an offence against clause 16 (1) (b) or 17 (1) (a1) of Schedule 3, 25
(h) any other offence that, at the time it was committed, was an 26
alcohol-related major offence for the purposes of this Division or a 27
former corresponding provision to this Division. 28
converted interlock period--see section 213 (5). 29
former corresponding provision of this Division includes a provision of this 30
Division as in force before its substitution by the Road Transport Amendment 31
(Mandatory Alcohol Interlock Program) Act 2014. 32
interlock driver licence means a conditional licence that restricts the holder of 33
the licence to driving a motor vehicle fitted with an approved interlock device. 34
interlock exemption order means an order under section 212. 35
interlock period, in relation to a person, means the period: 36
(a) starting on the day the person is issued with an interlock driver licence, 37
and 38
(b) ending on the later of the expiry of the interlock period applicable to the 39
person under section 211 or the converted interlock period applicable to 40
the person. 41
Page 7
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
mandatory interlock offence means any of the following offences: 1
(a) an offence against section 110 (1) (a) or (b) that is a second or 2
subsequent offence by the offender for any other alcohol-related major 3
offence, 4
(b) an offence against section 110 (2) (a), (b) or (c) that is a second or 5
subsequent offence by the offender for any other alcohol-related major 6
offence, 7
(c) an offence against section 110 (3) (a), (b) or (c) that is a second or 8
subsequent offence by the offender for any other alcohol-related major 9
offence, 10
(d) an offence against section 110 (4) (a), (b) or (c) that is a second or 11
subsequent offence by the offender for any other alcohol-related major 12
offence, 13
(e) an offence against section 110 (5) (a), (b) or (c) that is a first offence or 14
a second or subsequent offence by the offender for any other 15
alcohol-related major offence, 16
(f) an offence against section 112 (1) (a), (b) or (c) that involved driving 17
under the influence of alcohol and that is a second or subsequent offence 18
by the offender for any other alcohol-related major offence, 19
(g) an offence against clause 16 (1) (b) or 17 (1) (a1) of Schedule 3 that is 20
a first offence or a second or subsequent offence by the offender for any 21
other alcohol- related major offence that involved driving under the 22
influence of alcohol, 23
(h) any other offence prescribed by the statutory rules. 24
Note. Section 9 (3) (a) provides that an offence is a second or subsequent offence to 25
another offence if the person is convicted of the offences within a 5-year period. 26
mandatory interlock order means an order under section 211. 27
offender means a person convicted of a mandatory interlock offence. 28
participation in an interlock program--see section 215. 29
(2) For the purposes of section 9 (5) (e), an offence against an alcohol-related 30
major offence is declared to be an equivalent offence to any other 31
alcohol-related major offence (whether of the same or a different kind). 32
210 Sanctions with respect to mandatory interlock offences 33
A court that convicts a person of a mandatory interlock offence committed on 34
or after the commencement of this section must, at the time of conviction, 35
make one of the following orders in respect of the person: 36
(a) a mandatory interlock order, 37
(b) an interlock exemption order. 38
211 Mandatory interlock orders 39
(1) A mandatory interlock order is an order that: 40
(a) disqualifies a person convicted of a mandatory interlock offence from 41
holding any driver licence for a period, being: 42
(i) the minimum disqualification period for that kind of mandatory 43
interlock offence, or 44
(ii) a longer period (not exceeding the maximum disqualification 45
period for that kind of offence) specified by the court, and 46
Page 8
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(b) disqualifies the person from holding a driver licence (other than a 1
learner licence or interlock driver licence) during the period of 5 years 2
commencing on the day of the conviction unless the person has first 3
held an interlock driver licence: 4
(i) for a period (or periods in total) equivalent to the minimum 5
interlock period, or 6
(ii) for a longer period specified by the court. 7
(2) In this section: 8
maximum disqualification period for a mandatory interlock offence of a kind 9
described in Column 1 of the Table to this section means the maximum 10
disqualification period set out opposite the offence in Column 3 of that Table. 11
minimum disqualification period for a mandatory interlock offence of a kind 12
described in Column 1 of the Table to this section means the minimum 13
disqualification period set out opposite the offence in Column 2 of that Table. 14
minimum interlock period for a mandatory interlock offence of a kind 15
described in Column 1 of the Table to this section means the minimum 16
interlock period set out opposite the offence in Column 4 of that Table. 17
(3) Any disqualification under this section is in addition to any penalty imposed 18
for the offence. 19
Table 20
Column 1 Column 2 Column 3 Column 4
Mandatory interlock offence Minimum Maximum Minimum
disqualification disqualification interlock
period period period
An offence against section 110 (1) (a) 1 month 3 months 12 months
or (b), (2) (a), (b) or (c) or (3) (a), (b)
or (c) that is a second or subsequent
offence by the offender for any other
alcohol-related major offence
An offence against section 110 (4) (a), 6 months 24 months 9 months
(b) or (c) that is a second or
subsequent offence by the offender for
any other alcohol-related major
offence
An offence against section 110 (5) (a), 6 months 9 months 24 months
(b) or (c) that is a first offence by the
offender for any alcohol-related major
offence
An offence against section 110 (5) (a), 9 months 12 months 48 months
(b) or (c) that is a second or
subsequent offence by the offender for
any other alcohol-related major
offence
An offence against section 112 (1) (a), 6 months 9 months 24 months
(b) or (c) that is a second or
subsequent offence by the offender for
any other alcohol-related major
offence
Page 9
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
Column 1 Column 2 Column 3 Column 4
Mandatory interlock offence Minimum Maximum Minimum
disqualification disqualification interlock
period period period
An offence against clause 16 (1) (b) of 6 months 9 months 24 months
Schedule 3 that is a first offence by the
offender for any alcohol-related major
offence
An offence against clause 16 (1) (b) 9 months 12 months 48 months
or 17 (1) (a1) of Schedule 3 that is a
second or subsequent offence by the
offender for any other alcohol-related
major offence
212 Interlock exemption orders 1
(1) An interlock exemption order is an order that exempts an offender from the 2
operation of section 211. 3
(2) Section 205 (Disqualification for certain major offences) applies to and in 4
respect of an offender to whom an interlock exemption order applies. 5
Note. If an interlock exemption order is made, the offender concerned will 6
automatically be disqualified from holding a driver licence for the relevant period set out 7
in section 205 and will not be subject to the requirement to participate in an interlock 8
program. 9
(3) A court may make an interlock exemption order only if the offender proves to 10
the court's satisfaction: 11
(a) that the offender does not have access to a vehicle in which to install an 12
interlock device, or 13
Note. For example, there is only one vehicle to which the offender has access 14
in which an interlock device could be installed and it is used jointly with a family 15
member or other person who has a medical condition preventing the person 16
from providing a sufficient breath sample to operate the device and it is not 17
reasonably practicable to modify the device. 18
(b) that the offender has a medical condition diagnosed by a registered 19
medical practitioner that prevents the offender from providing a 20
sufficient breath sample to operate an approved interlock device and it 21
is not reasonably practicable for an interlock device to be modified to 22
enable the offender to operate the device. 23
(4) A person has access to a vehicle for the purposes of subsection (3): 24
(a) if the person is the registered operator, owner or part owner of the 25
vehicle or shares the use of the vehicle with the registered operator, 26
owner or part owner of the vehicle, and 27
(b) it is reasonable in all the circumstances to install an interlock device in 28
the vehicle. 29
(5) An interlock exemption order must not be made merely because an offender: 30
(a) cannot afford the cost of installing or maintaining an approved interlock 31
device, or 32
Note. Financial assistance for use of approved interlock devices is available in 33
certain cases--see section 48. 34
Page 10
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(b) will be prevented from driving a vehicle in the course of his or her 1
employment if the interlock exemption order is made, or 2
(c) has access to a vehicle but the registered operator of the vehicle refuses 3
to consent to the installation of an interlock device in the vehicle. 4
Note. For example, the offender's wife is the registered operator of the only 5
vehicle to which he has access and she refuses consent to installation of an 6
interlock device in it; the offender owns a chauffeur-driven limousine business 7
and seeks exemption from installing an interlock device in cars used in the 8
business. 9
(6) The Authority may, by notice in writing given to an offender to whom an 10
interlock exemption order applies, require the offender to undergo a drink 11
driving education program nominated by the Authority within a period 12
specified by the Authority. 13
213 Conversion of disqualification period of offender to whom interlock exemption 14
order applies into interlock period 15
(1) This section applies to an offender to whom an interlock exemption order 16
applies who has completed so much of the disqualification period applicable 17
to the offender under section 205 as is equivalent to the minimum 18
disqualification period that would have been required to be imposed on the 19
offender under section 211 (1) (a) if the interlock exemption order had not 20
been made. 21
(2) The Authority may suspend the disqualification period applicable under 22
section 205 to the offender by issuing an interlock driver licence to the 23
offender under this section. 24
(3) The Authority must not issue an interlock driver licence under this section 25
unless: 26
(a) the offender satisfies the Authority that there has been a change in the 27
circumstances that existed when the interlock exemption order applying 28
to the offender was made that makes the participation of the offender in 29
an interlock program feasible or practicable, and 30
(b) any other requirements for issue of such an interlock driver licence 31
under this Act have been satisfied. 32
(4) The issue of an interlock driver licence under this section operates to suspend 33
the disqualification of the offender and convert so much of the disqualification 34
period applicable under section 205 as has not been completed (the incomplete 35
disqualification period) into a converted interlock period. 36
(5) The converted interlock period is the period: 37
(a) commencing on the day the interlock driver licence is issued, and 38
(b) ending on the day that the period (or periods in total) equivalent to the 39
incomplete disqualification period ends. 40
(6) The suspension under subsection (4) ceases to have effect before the end of the 41
converted interlock period if the offender ceases to participate in an interlock 42
program. 43
Note. Section 215 (2) provides for cessation of participation in an interlock program. 44
Page 11
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(7) If such a suspension ceases to have effect, the offender is disqualified from 1
holding a driver licence (other than an interlock driver licence or a learner 2
licence) until the day on which a period of 5 years commencing on the day the 3
offender was convicted of the relevant mandatory interlock offence ends. 4
214 Dangerous driving offences in respect of which interlock orders may be made 5
(1) This section applies to a person who is: 6
(a) convicted of a prescribed dangerous driving offence on or after the 7
commencement of this section, and 8
(b) disqualified by or because of the conviction or offence from holding a 9
driver licence for a particular period. 10
(2) A person to whom this section applies may, in addition to being disqualified 11
by or because of the conviction or offence, be disqualified by the court 12
convicting the offender from holding a driver licence (other than a learner 13
licence) unless the person has first held an interlock driver licence for a period 14
specified by the court of not less than 36 months. 15
(3) Any interlock order under this section is in addition to any penalty imposed for 16
the offence. 17
(4) In this section: 18
prescribed dangerous driving offence means the following: 19
(a) an offence under section 52A (1) (a) or (3) (a) of the Crimes Act 1900 20
in circumstances where at the time of the impact occasioning death the 21
accused was under the influence of intoxicating liquor, 22
(b) an offence under section 52A (2) of the Crimes Act 1900 in 23
circumstances where at the time of the impact occasioning death the 24
prescribed concentration of alcohol was present in the accused's breath 25
or blood, 26
(c) an offence under section 52A (4) of the Crimes Act 1900 in 27
circumstances where at the time of the impact occasioning grievous 28
bodily harm the prescribed concentration of alcohol was present in the 29
accused's breath or blood. 30
215 Participation in an interlock program 31
(1) Commencement of participation in interlock program and interlock period 32
A person commences to participate in an interlock program on the date on 33
which the person is issued with an interlock driver licence. The interlock 34
period applicable to the person also commences on that date. 35
(2) Cessation of participation 36
A person ceases to participate in an interlock program: 37
(a) if and when the person is convicted by a court of a major offence during 38
the interlock period, or 39
(b) during any period in which the person ceases to hold an interlock driver 40
licence before the expiry of the interlock period applicable to the person 41
(whether by reason of cancellation of the licence or otherwise), or 42
(c) if and when the person is issued with a licence without an interlock 43
condition. 44
Note. The statutory rules provide that an applicant for issue of a licence may be 45
required to undergo a fitness to drive assessment or do certain other things. 46
Page 12
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
(3) Without limiting the grounds on which the Authority may refuse to issue a 1
licence without an interlock condition as referred to in subsection (2) (c), it 2
may refuse to issue the licence because of any contravention by the holder of 3
an interlock driver licence of any interlock condition or any medical 4
assessment concerning the holder's fitness to drive. 5
215A Effect of completion of interlock period 6
(1) At the end of the day on which the holder of an interlock driver licence 7
completes the interlock period applicable to the holder: 8
(a) the disqualification period referred to in section 211 (1) (a) in respect of 9
which a mandatory interlock order or interlock exemption order was 10
originally made or the incomplete disqualification period referred to in 11
section 213 is taken to have expired, and 12
(b) the holder is entitled to apply (if otherwise eligible) for a licence without 13
an interlock condition. 14
(2) Nothing in this section confers a right on the holder of an interlock driver 15
licence who has completed an interlock period applicable to the holder to be 16
issued with a licence without an interlock condition. 17
215B Entitlement to apply for interlock driver licence 18
(1) A person in respect of whom a mandatory interlock order is made is entitled 19
to apply for an interlock driver licence despite being disqualified from holding 20
a licence: 21
(a) if the application is made before the expiry of the disqualification period 22
applicable to the person--no earlier than 28 days before the expiry of 23
that period, or 24
(b) at any time after the expiry of that period. 25
(2) A person in respect of whom an interlock exemption order is made is entitled 26
to apply for an interlock driver licence under section 213 despite being 27
disqualified from holding a licence: 28
(a) at any time after the end of the minimum disqualification period 29
referred to in section 213 and no earlier than 28 days before the expiry 30
of that period, or 31
(b) at any time after the expiry of the disqualification period. 32
(3) However, nothing in this Division confers a right on a person in respect of 33
whom a mandatory interlock order or interlock exemption order is made to be 34
issued with an interlock driver licence. 35
[30] Section 225 Effect of immediate licence suspension notice 36
Insert "or in deciding any period of disqualification to be imposed by an order under 37
section 211" after "section 205" in section 225 (3) (a). 38
[31] Section 225 (3) (b) 39
Omit "that section". Insert instead "section 205 or 211". 40
Page 13
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
[32] Schedule 1 Examples of statutory rule-making powers 1
Insert at the end of clause 1 (2) (o): 2
, and 3
(p) without limiting paragraph (n) or (o), driver education courses to be 4
undertaken by holders of driver licences who have exceeded the 5
threshold number of demerit points. 6
[33] Schedule 4 Savings, transitional and other provisions 7
Insert at the end of the Schedule with appropriate Part and clause numbers: 8
Part Provisions consequent on enactment of Road 9
Transport Amendment (Mandatory Alcohol 10
Interlock Program) Act 2014 11
Definition 12
In this Part: 13
amending Act means the Road Transport Amendment (Mandatory Alcohol 14
Interlock Program) Act 2014. 15
Use of interlock devices as alternative to disqualification 16
(1) Division 2 of Part 7.4, as in force immediately before its substitution by the 17
amending Act, continues to apply to a person in respect of whom a 18
disqualification suspension order (within the meaning of that Division) was 19
made before that substitution. 20
(2) The conditions to which an interlock driver licence issued to a person referred 21
to in subclause (1) was subject immediately before that substitution continue 22
to have effect until the expiry of the interlock participation period applicable 23
to the person. 24
(3) However, an interlock driver licence issued to a person referred to in 25
subclause (1) after that substitution (whether or not applied for before that 26
substitution) is subject to the conditions applicable to an interlock driver 27
licence issued on or after that substitution. 28
Existing approved interlock installers and approved interlock service 29
providers 30
(1) Without limiting section 26 of the Interpretation Act 1987, an interlock 31
services agreement (within the meaning of section 46 as amended by the 32
amending Act) may be entered into before the commencement of the 33
amendments made to section 46 by the amending Act. 34
(2) A person who, immediately before the commencement of the amendments to 35
section 46 made by the amending Act, held an approval for a specified period 36
as an interlock installer or an interlock service provider, or both, may (subject 37
to any conditions to which that approval was subject) continue to exercise the 38
functions the person was approved to exercise until the end of that period as if 39
the person were an accredited interlock service provider. 40
(3) The Authority may revoke the accreditation of a person referred to in 41
subclause (2), and revoke or vary any conditions referred to in that subclause, 42
by notice in writing given to the person. 43
Page 14
Road Transport Amendment (Mandatory Alcohol Interlock Program) Bill 2014 [NSW]
Schedule 1 Amendment of Road Transport Act 2013 No 18
Demerit points 1
Demerit points recorded in the NSW demerit points register immediately 2
before the commencement of section 43A may be counted towards 3
determining a threshold number of demerit points reached after the 4
commencement of that section. 5
Page 15
[Index] [Search] [Download] [Related Items] [Help]