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What is an Interlock device
If a person who is convicted with driving more than the prescribed amount of alcohol, the legislation mandates that a person after their period of suspension from driving, to allow them to drive sooner, the issue of an interlock licence. This requires the offender to only drive a vehicle to which a specified interlock device has been fitted. The interlock licence is usually for a period of 12 to 48 months depending upon the range of prescribed alcohol that has been established.
An interlock device is a device connected to the ignition by an accredited installer, after an interlock licence has been issued. A person who wishes to drive such a vehicle must blow into the device which will only allow the vehicle to start if it detects zero percent breath alcohol. At the time of blowing, the device takes a photograph of the person blowing to identify the person. The device will also randomly prompt the driver to provide additional breath tests whilst the motor is running. Should a zero-breath test not be forthcoming, the device will often cause the hazard lights to come on and shortly after, cause the motor to be turned off.
The legislation does provide exemption for an interlock order but in only very defined circumstances and must satisfy the court that:
a. the offender does not have access to a vehicle in which an approved interlock can be installed;
b. a medical condition prevents participation; or
c. there are exceptional circumstances making participation impossible.
Exemption cannot be granted where the offender is a part owner of a motor vehicle and the other owners will not permit the installation of an interlock device, or where the offender cannot afford the installation which usually up to $
The legislation exemption order is granted, the offender is not required to participate in the interlock program but usually will receive a longer disqualification period unless there are extenuating factors brought to the attention of the court.
Section 211 of the Transport Act 2013
In New South Wales, if a person is convicted of a first offence of mid-range PCA and the court imposes a mandatory interlock order requiring (for example) a 3-month disqualification followed by a 12-month interlock period.
The legal consequences depend on whether an interlock exemption order was obtained from the court.
1. If no interlock exemption order was obtained
A person who is subject to a mandatory interlock order must complete the interlock program. The interlock period does not commence merely because time passes. It commences when the person obtains an interlock licence and drives a vehicle fitted with an approved interlock device. If the person does not participate in the interlock program, they remain disqualified from holding a licence. NSW law provides that a person who receives an interlock order and does not enter the interlock program will be disqualified from holding a driver licence for 5 years.
Accordingly, if a person simply chooses not to obtain a vehicle or does not install an interlock, they generally cannot regain an unrestricted licence until the statutory consequences have been satisfied.
2. If an interlock exemption order was obtained
Under s 212 of the Road Transport Act 2013 (NSW), the court may make an interlock exemption order where the offender proves, among other things, that they do not have access to a vehicle in which an interlock device can be installed. Inability to afford the program is precluded as a reason.
If the exemption order is granted:
· the offender is not required to participate in the interlock program;
· a longer period of licence disqualification applies instead;
· the offender must complete the disqualification period before applying for a licence again; and
· the offender is generally required to complete the Sober Driver Program.
For a first-offence mid-range PCA, the disqualification period under an exemption order is ordinarily an automatic 12 months (with a minimum of 6 months).
I have been able to advise and assist clients. If you have been charged and have a sentencing hearing pending or have been sentenced, I can explain precisely how the order operates and whether there is any avenue to seek a variation or obtain to obtain an exemption order.
Wishing you a wonderful day,
Jeffrey Choy
JCL Legal
0419 233 670
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Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice.
