INTERLOCK PROGRAM
07-Mar-2011 Law Article by: Geoff Harrison | Sydney Criminal Barrister | Sydney Criminal Lawyer | Published 7/03/11The provisions for the Interlock program are contained within Part 5.4, Division 2 of the Road Transport (General) Act 2005 (NSW). The purpose of the legislation being to allow some flexibility in regards to sentencing and the driver licence disqualification periods - with an view towards rehabilitation (see second reading speech below). The provisions do not totally do away with disqualification periods as the legislation imposes a “Disqualification compliance period” (see below) and also imposes a minimum time frame or participation period in the program.
A convicted person can apply for an interlock licence not earlier than 28 days prior to the expiration of the disqualification compliance period. The issuing of an Interlock licence by the RTA requires a medical certificate by a doctor and the installation of the interlock device by an authorised installer – hence, there are installation, monitoring and removal fees for the interlock device.
Upon successful completion of the Interlock program the disqualification period that would have otherwise been imposed is taken to have expired upon the date of the successful completion of the interlock program.
The legislation provides for a number of offences in relation to tampering with an interlock device or providing false information – the penalty being 20 penalty units ($2200).
The relevant legislation is set out below.
ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 190
Definitions
190 Definitions
(cf former Act, s 25A)
In this Division:
"alcohol-related major offence" means any of the following offences:
(a) an offence under section 9 (1A) of the Road Transport (Safety and Traffic Management) Act 1999 ,
(b) an offence under section 9 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,
(c) an offence under section 9 (2) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,
(d) an offence under section 9 (3) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,
(e) an offence under section 9 (4) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,
(f) an offence under section 12 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 where the offence involved driving under the influence of alcohol,
(g) an offence under section 15 (4) of the Road Transport (Safety and Traffic Management) Act 1999 .
"disqualification compliance period", in relation to a person, means the disqualification compliance period applying to the person under section 193 (a).
"disqualification period", in relation to a person, means the disqualification period applying to the person for the purposes of section 192.
"disqualification suspension order", in relation to a person, means an order made under section 192 that, subject to certain conditions, may operate to suspend a disqualification under section 188 of the person from holding a driver licence.
"interlock driver licence" means a conditional licence issued under the Road Transport (Driver Licensing) Act 1998 that restricts the holder of the licence to driving a motor vehicle fitted with an approved interlock device (within the meaning of Part 2A of that Act).
"interlock participation period", in relation to a person, means the period during which the person must participate in an interlock program for the purposes of a disqualification suspension order.
ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 191
Division does not apply to habitual traffic offenders
191 Division does not apply to habitual traffic offenders
(cf former Act, s 25B)
This Division does not apply in respect of a person convicted of an alcohol-related major offence who is declared to be an habitual traffic offender by operation of section 199 (whether or not as a result of the conviction).
ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 192
Disqualification period may be suspended for participation in interlock program
192 Disqualification period may be suspended for participation in interlock program
(cf former Act, s 25C)
If a court convicts a person of an alcohol-related major offence and the person is disqualified from holding a driver licence by or under section 188 (2) or (3) for a period (the "disqualification period"), the court may order that the disqualification of the person be suspended if the person participates in an interlock program for:
(a) the minimum interlock participation period specified in column 2 of the Table to this section set out opposite the category of offender specified in column 1 of that Table to which the person belongs, or
(b) such greater interlock participation period as the court may order.
Table
|
Column 1
|
Column 2
|
Column 3 | |
|
Category of offender
|
Minimum interlock participation period | Disqualification compliance period | |
| 1 |
A person convicted of an offence under section 9 (3) (a) or (b), (4) (a) or (b), 12 (1) (a) or (b) or 15 (4) of the Road Transport (Safety and Traffic Management) Act 1999 who, at the time of the conviction or during the period of 5 years before the conviction, is not or has not been convicted of any other alcohol-related major offence (whether of the same or a different kind). | 24 months | 6 months |
| 2 |
A person convicted of an offence under section 9 (4) (a) or (b), 12 (1) (a) or (b) or 15 (4) of the Road Transport (Safety and Traffic Management) Act 1999 who, at the time of the conviction or during the period of 5 years before the conviction, is or has been convicted of any other alcohol-related major offence (whether of the same or a different kind). | 48 months |
12 months |
| 3 |
A person convicted of an offence under section 9 (3) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 who, at the time of the conviction or during the period of 5 years before the conviction, is or has been convicted of any other alcohol-related major offence (whether of the same or a different kind). | 24 months | 6 months |
| 4 | A person convicted of an offence under section 9 (1A), (1) (a) or (b) or (2) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 who, at the time of the conviction or during the period of 5 years before the conviction, is or has been convicted of any other alcohol-related major offence (whether of the same or a different kind). | 12 months | 3 months |
ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 193
When person may participate in interlock program
193 When person may participate in interlock program
(cf former Act s 25D)
A person in respect of whom a disqualification suspension order is made is entitled to participate in an interlock program only if:
(a) the disqualification compliance period specified in column 3 of the Table to section 192 set out opposite the category of offender specified in column 1 of that Table to which the person belongs has expired, and
(b) the person is issued with an interlock driver licence by the Authority under the Road Transport (Driver Licensing) Act 1998 .
ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 194
Entitlement to apply for interlock driver licence
194 Entitlement to apply for interlock driver licence
(cf former Act, s 25E)
(1) A convicted person in respect of whom a disqualification suspension order is made is entitled to apply for an interlock driver licence despite his or her disqualification:
(a) if the application is made before the expiry of the disqualification compliance period applicable to the person-no earlier than 28 days before the expiry of that period, or
(b) at any time after the expiry of the disqualification compliance period but before the expiry of the disqualification period.
(2) However, nothing in this Division confers a right on a person in respect of whom a disqualification suspension order is made to be issued with an interlock driver licence.
ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 195
When disqualification suspension order has effect
195 When disqualification suspension order has effect
(cf former Act, s 25F)
(1) When order operates to suspend disqualification A disqualification suspension order operates to suspend a disqualification while the person in respect of whom the order was made participates in an interlock program.
(2) Early termination of order A disqualification suspension order ceases to have effect before the expiry of the interlock participation period if the person ceases to participate in an interlock program.
(3) Effect of early termination of order If a disqualification suspension order ceases to have effect before the expiry of the interlock participation period, the person to whom the order relates is disqualified from holding a driver licence for the period equal to the difference between:
(a) the disqualification period originally applicable to the person, and
(b) the period of disqualification that had already been completed immediately before the disqualification suspension order operated to suspend the original disqualification.
(4) Effect of suspension of interlock driver licence on order If the interlock driver licence of a person in respect of whom a disqualification suspension order is made is suspended during the interlock participation period:
(a) the order does not cease to have effect only because the driver licence is suspended, and
(b) the period of suspension is to be added to the interlock participation period applicable to the person for the purposes of determining when the interlock participation period expires.
ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 196
Participation in an interlock program
196 Participation in an interlock program
(cf former Act, s 25G)
(1) Commencement of participation in interlock program and interlock participation period A person in respect of whom a disqualification suspension order is made commences to participate in an interlock program on the date on which the person is issued with an interlock driver licence. The interlock participation period applicable to the person also commences on that date.
(2) Early cessation of participation A person in respect of whom a disqualification suspension order is made ceases to participate in an interlock program if and when:
(a) the person is convicted by a court of a major offence during the interlock participation period and the court does not order that the disqualification suspension order continue in effect despite the conviction, or
(b) the person ceases to hold an interlock driver licence before the expiry of the interlock participation period (whether by reason of cancellation of the licence or otherwise).
ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 197
Effect of successful participation in interlock program
197 Effect of successful participation in interlock program
(cf former Act, s 25H)
If a disqualification suspension order does not cease to have effect before the expiry of the interlock participation period:
(a) the order ceases to have effect on the expiry of that period, and
(b) the disqualification period in respect of which the order was originally made is taken to have expired on the expiry of the interlock participation period.
ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 21
Definitions
21 Definitions
In this Part:
"approved interlock device" -see section 21A.
"approved interlock installer" -see section 21B (1).
"approved interlock service provider" -see section 21B (2).
"interlock device" means a device designed to:
(a) analyse a breath sample for the presence of alcohol, and
(b) prevent a motor vehicle from being started if it detects more than a certain concentration of alcohol.
"interlock driver licence" -see section 21C (2) (a).
"maintenance", in relation to an interlock device, includes (but is not limited to) the following:
(a) the retrieval of any information that is stored electronically by or with the device,
(b) any work that improves or augments the functionality of the device.
ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 21A
Approved interlock devices
21A Approved interlock devices
In this Part, an "approved interlock device" is an interlock device of a type approved by the Authority by order published in the Gazette.
Note: The Authority may amend or repeal an order made under this section. See section 43 of the Interpretation Act 1987 .
Note: For orders under this section, see Gazettes No 138 of 12.9.2003, p 9349; No 147 of 17.9.2004, p 7587 and No 63 of 17.4.2009, p 1685.
ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 21B
Approved interlock installers and service providers
21B Approved interlock installers and service providers
(1) In this Part, an "approved interlock installer" means a person approved in writing by the Authority as a person who may install and remove approved interlock devices in motor vehicles for the purposes of this Part.
(2) In this Part, an "approved interlock service provider" means a person approved in writing by the Authority as a person who may carry out maintenance to ensure the proper operation of approved interlock devices, or conduct inspections of such devices, for the purposes of this Part.
(3) A person may be both an approved interlock installer and approved interlock service provider for the purposes of this Part.
(4) The Authority may revoke any approval given to a person under this section by written notice given to the person.
Note: Section 44 of the Road Transport (General) Act 1999 provides for the service and giving of documents to persons under the road transport legislation, which includes this Act.
(5) The Authority is not liable in civil proceedings (whether for negligence or otherwise) for anything done or omitted to be done by an approved interlock installer or approved interlock service provider in exercising (or purportedly exercising) any function under this Act or the regulations. In particular, the Authority is not vicariously liable for any such act or omission.
ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 21C
Regulations may provide for installation, maintenance and use of interlock devices
21C Regulations may provide for installation, maintenance and use of interlock devices
(1) Without limiting section 20, the regulations may make provision for or with respect to the installation, removal and maintenance of interlock devices on motor vehicles and the use of such devices (whether or not for the purposes of a disqualification suspension order within the meaning of section 190 of the Road Transport (General) Act 2005 ).
(2) Without limiting the scope of the regulations under subsection (1), the regulations may:
(a) provide for the issue of conditional licences ( "interlock driver licences") that restrict the holders of such licences to driving motor vehicles fitted with approved interlock devices by approved interlock installers, and
(b) require (or authorise the Authority to require) applicants for interlock driver licences to submit to medical consultations before such applicants can be issued with such licences or at any time during which such licences are in force, and
(c) prescribe additional conditions (or authorise the Authority to impose conditions) that holders of interlock driver licences must observe, including (but not limited to) the following:
(i) conditions relating to the maximum concentration of alcohol that may be present in the breath or blood of holders of such licences when they drive motor vehicles,
(ii) conditions relating to the installation, maintenance and removal of interlock devices (including the payment of costs relating to such installation, maintenance or removal),
(iii) conditions relating to the inspection of interlock devices (or motor vehicles fitted with such devices) and the provision of information relating to such inspections to the Authority,
(iv) conditions relating to the provision of any data or other information collected by an interlock device (including the payment of any costs relating to the provision of such data or other information),
(v) any other conditions relating to the use of interlock devices, and
(d) provide for certain motor vehicles (or classes of motor vehicles) not to be driven by holders of interlock driver licences,
(e) provide for the Authority to inspect motor vehicles fitted with interlock devices (or require such motor vehicles to be inspected by other persons), and
(f) specify procedures (or authorise the Authority to specify procedures) for approved interlock installers and approved interlock service providers to observe when installing, removing, inspecting or carrying out maintenance on approved interlock devices, and
(g) provide for applications by persons to be approved by the Authority as approved interlock installers or approved interlock service providers and for fees payable in respect of such applications, and
(h) authorise a police officer:
(i) to stop and inspect motor vehicles that the officer reasonably suspects may be fitted with an interlock device, and
(ii) to seize any such motor vehicles or devices where the device is fitted to a motor vehicle driven by the holder of an interlock driver licence and the officer reasonably suspects that the device has been used in contravention of this Act or the regulations, and
(i) provide for offences relating to the following:
(i) the use of approved interlock devices, or the use of devices that are not approved interlock devices, by holders of interlock driver licences,
(ii) tampering or other interference with approved interlock devices fitted to motor vehicles driven (or to be driven) by holders of interlock driver licences, or with breath samples provided for such devices,
(iii) the installation, maintenance or removal of interlock devices that are used (or may be used) by holders of interlock driver licences,
(iv) the provision of data or information concerning interlock devices that are used (or may be used) by holders of interlock driver licences,
(v) any other acts or omissions that may assist the holder of an interlock driver licence in contravening any conditions of the licence or committing an offence against this Act or the regulations.
ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 21D
Financial assistance for use of approved interlock devices
21D Financial assistance for use of approved interlock devices
(1) The Authority must establish a scheme under which persons seeking to gain the use of, or who are using, approved interlock devices may obtain financial assistance for the installation, removal or maintenance of such devices.
(2) The Authority may approve the provision of financial assistance under this section subject to any means tests and conditions as may be determined by the Authority from time to time.
(3) If it is a condition of the provision of any financial assistance provided under this section that all or part of it be repaid in specified circumstances, the amount of financial assistance that becomes repayable on the occurrence of those circumstances is a debt due to the Crown recoverable in a court of competent jurisdiction.
(4) For the purposes of subsection (3), a certificate issued by the Authority that certifies that it was a condition of the provision of financial assistance that all or part of it be repaid in specified circumstances is prima facie evidence that the assistance was provided on that condition.
(5) Payments of financial assistance are to be paid from the Roads and Traffic Authority Fund established by section 77 of the Transport Administration Act 1988.
ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 25
Appeals against revocation of interlock device approvals
25 Appeals against revocation of interlock device approvals
(2) A person dissatisfied with a decision of the Authority to revoke an approval within the meaning of Part 10 (Interlock driver licences and devices) of the Road Transport (Driver Licensing) Regulation 2008 may appeal against the decision to the Local Court by lodging a notice of appeal with the Local Court not later than 28 days after receiving notice of the revocation.
(3) A notice of appeal under this clause is to specify the grounds of the appeal.
(4) The relevant registrar of the Local Court must give notice of the time and place of the hearing of any appeal under this clause to the Authority and to the appellant, and in the notice to the Authority is to inform the Authority of the grounds of the appeal.
(5) The time of the hearing of an appeal under this clause must be not earlier than 21 days after the date on which the notice under subclause (4) is given to the Authority.
(6) The hearing of an appeal under this clause may proceed despite any omission or error in a notice under subclause (4), or the failure to give any such notice, if the Court is satisfied that the appellant and the Authority had knowledge of the time and place of the hearing and were not prejudiced by any such omission or error or by the failure to give any such notice.
ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 26
Determination of appeals concerning revocation of interlock device approvals
26 Determination of appeals concerning revocation of interlock device approvals
(1) The Local Court is to hear and determine an appeal made to it under clause 25 and may confirm (with or without variation) or disallow the decision appealed against, or make such other order in the circumstances as to the Court seems just.
(2) The decision of the Local Court in respect of an appeal made under clause 25 is final and is binding on the appellant and on the Authority.
ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2008 - REG 86
Failure to comply with condition of approval
86 Failure to comply with condition of approval
(cf cl 59 1999 Reg)
The holder of an approval who fails to comply with a condition of the approval is guilty of an offence.
Maximum penalty: 20 penalty units
ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2008 - REG 87
Installation or removal of approved interlock devices without approval
87 Installation or removal of approved interlock devices without approval
(cf cl 59B 1999 Reg)
A person must not install an approved interlock device in, or remove an approved interlock device from, a motor vehicle for the purposes of Part 2A of the Act unless the person is the holder of an approval as an approved interlock installer that is in force.
Maximum penalty: 20 penalty units.
ROAD TRANSPORT (DRIVER LICENSING) REGULATION 2008 - REG 93
Tampering or otherwise interfering with labelled approved interlock device
93 Tampering or otherwise interfering with labelled approved interlock device
(cf cl 59H 1999 Reg)
(1) A person who, without reasonable excuse, tampers or otherwise interferes with a labelled approved interlock device installed in a motor vehicle is guilty of an offence.
Maximum penalty: 20 penalty units.
(2) A person who aids, abets or causes or permits the commission of an offence referred to in subclause (1) is guilty of an offence.
Maximum penalty: 20 penalty units.
ROAD TRANSPORT LEGISLATION AMENDMENT (INTERLOCK DEVICES) BILL
Bill introduced and read a first time.
Second Reading
Mr GAUDRY (Newcastle—Parliamentary Secretary), on behalf of Mr Scully [10.05 a.m.]: I move:
That this bill be now read a second time.
The purpose of this bill is to implement a new, flexible penalty, which provides those drivers convicted of certain drink-driving offences with an opportunity to rehabilitate themselves and learn to drive without drinking. The bill will amend the relevant provisions of the Road Transport (General) Act 1999 and the Road Transport (Driver Licensing) Act 1998 to enable the courts to impose a new penalty for drink-driving offences. This penalty will require offenders to have an interlock device installed in their vehicle in order to drive. Interlock devices will enhance the safety of all people on the roads by addressing in a practical way the problem of drink-drivers. I am pleased to report that over the past 10 years, the community has responded very effectively to the Government’s drink-driving campaigns.
In 1991, alcohol was a known factor in 26 per cent of road fatalities. By 2001, this had fallen to 19 per cent. The community now views drink-driving as a serious crime. Each year, around 20,000 prescribed concentration of alcohol offences are committed. Of these, around 15,000 are high or middle range blood alcohol concentration offences. A high range alcohol concentration is a reading of .15 or above. A middle range alcohol concentration is a reading of .08 to .15. A driver with a high range alcohol concentration is 25 times more likely to be involved in a crash than someone driving with a zero concentration. For a driver with a middle range alcohol concentration the risk is seven times higher. Over the past five years around 90 per cent of drink-drivers involved in a fatal crash had a high or middle range alcohol concentration. In 2001, drink-driving resulted in the deaths of 99 people and the economic cost to the community was a staggering $190 million.
The social and emotional cost to families and communities cannot be quantified. Research conducted by the Roads and Traffic Authority [RTA] shows that very often a first high range alcohol concentration offence signals the beginning of a pattern of recidivism or repeat offending. Around four in 10 of such offenders reoffend at least once in the following five years, even where the offender has been disqualified from driving. Drink-drivers not only threaten their own lives and those of their families but also the lives of every other person they encounter while on our roads. These facts and figures highlight the need for a new approach that targets convicted offenders and includes a rehabilitation component.
In 1999 I ordered the RTA to conduct an eight-month trial of alcohol interlocks with volunteer drink-drive offenders. It was found that the interlocks successfully prevented them from driving after drinking and taught them how to stay under the legal limit. A survey conducted by the NRMA in July 2001 demonstrated that 91 per cent of the public supported the requirement for drink-drivers to use interlocks. Breath alcohol interlocks have been implemented in a number of States in the United States of America, Canada and Sweden for several years. South Australia introduced breath alcohol interlocks in 2001 and their program appears to be operating very successfully. Recently Victoria introduced interlock legislation. Overseas evaluations have shown a significantly reduced rate of reoffending and crashes for drivers participating in interlock programs compared with other drink-drive offenders.
An alcohol interlock device is an electronic breath alcohol analyser with a micro computer and an internal memory, wired into the vehicle's ignition system. Its purpose is to measure the driver's breath alcohol concentration prior to each attempt to start the vehicle. If the driver's breath sample exceeds a preset limit, the ignition locks and the car is immobilised. In New South Wales this limit will be .02, which is effectively a zero breath alcohol concentration level. The device proposed under the New South Wales alcohol interlock program automatically records all information relating to starts or attempts to start the vehicle ignition and corresponding breath alcohol concentration levels.
Interlocks are difficult to circumvent. They can detect a non-human air sample—for example an air pump—and will record this as a violation. Breath alcohol interlocks are programmed to require rolling retests, which require the driver to provide a breath sample after the vehicle has been in operation for some time. However, any vehicle being driven with an interlock will not suddenly have its engine immobilised. The device can be programmed so that if there are a repeated number of attempts to circumvent the device it will activate a set period in which the driver must attend the service centre. If this period expires without the service, the ignition locks and the next time there is an attempt to start the vehicle it is immobilised.
The interlock program targets those offenders who are most at risk of crashing and reoffending. The program targets first offenders convicted of the serious offences of high range or middle range alcohol concentration or driving under the influence of alcohol offences. It also targets those convicted of a drink-driving offence who have a prior drink-driving conviction within the previous five years. The courts will decide whether the new interlock sentencing penalty should apply. Where a court considers that an interlock sentencing option is appropriate it will order the interlock penalty as an alternative to a full disqualification period under section 25 of the Road Transport (General) Act 1999.
The interlock program includes a mandatory reduced disqualification period called a disqualification compliance period followed by a period on an interlock licence called an interlock participation period. The length of these periods varies according to the severity of the offence. I will illustrate how the interlock penalty compares with current penalties. Take the example of a person convicted of a first high range alcohol concentration offence. Current penalties for this offence include a gaol term of up to 18 months, a minimum 12-month disqualification period and a fine of up to $3,300. A court may impose an unlimited disqualification period for this offence.
With an interlock penalty, the offender will serve a mandatory six-month disqualification compliance period, followed by a mimimum 24-month interlock participation period. It will be within the court's discretion to order any appropriate maximum interlock period. Of course, the court may still impose a monetary fine or period of imprisonment. To enter the interlock program, offenders must apply to the RTA for an interlock driver licence. Licence applicants must meet four conditions. Firstly, applicants must consult a medical practitioner to discuss their drinking behaviour and have the opportunity for professional alcohol counselling. Secondly, the applicant must have an RTA approved interlock device installed by an RTA approved interlock installer. Applicants will be required to pay all costs associated with the installation and lease of the interlock, which are estimated to be in the range of $1,800 to $2,500 per annum. The legislation provides for a scheme to assist low income earners who choose to enter the program.
Thirdly, the interlock applicant must submit to the RTA documentation of the medical consultation and a certificate of interlock installation. Finally, the interlock entrant must have completed the disqualification compliance period and have satisfied all usual RTA licensing requirements. The interlock participation period commences when the applicant is issued with an interlock driver licence, which will restrict the person to driving a vehicle fitted with an approved interlock device. This licence will also prohibit holders from driving heavy and public passenger vehicles as well as motorcycles.
A central element of the operation of the interlock program is that periodically the interlock driver must submit the vehicle to an RTA approved interlock service provider. This provider will download electronically captured data in the interlock device and submit it to the RTA. The approved interlock service provider will also carry out all maintenance required to ensure the proper operation of the device. The interlock program will complement and enhance the already tough penalties available to the courts when dealing with the serious offence of drink-driving.
Offenders will be made aware of the penalties for failing to complete the program and for driving a vehicle without an interlock device. In the event that the interlock licence holder fails to complete the program, the full disqualification period less the disqualification period already completed must be served. Consider a first high range offender who received a three-year full disqualification period and who entered the interlock program after serving the six-month disqualification compliance period. If that driver fails to complete the interlock period, the remaining 30 months of the full disqualification period must be served.
The bill authorises the making of regulations relating to offences of interfering with the interlock device and to the operation of the program. The penalties are substantial for interlock licence holders detected driving a vehicle without an interlock device. When drivers are detected they face a fine and their licence may be cancelled. If they continue to drive they face a fine of up to $3,300 and up to 18 months in gaol for a first offence and a fine of up to $5,500 and up to two years in gaol for a second or subsequent offence.
Although the main objective of this penalty is to prevent drink-driving, the interlock will also assist those offenders who commit to rehabilitation to participate in community life, including employment where driving is required. The aim of the interlock program is to reduce crash risk and the incidence of reoffending by the target groups. Interlocks can help ensure that repeat drink-drivers do not drink and drive during the period of highest accident risk—the first five years after their prior offence. The interlock penalty gives courts a broader range of sentencing options to address a significant community problem. I commend the bill to the House.
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