Interlock Driving Licence - ACT
On 17 June 2014, the Alcohol Interlock Program commenced as a new sentencing option for courts dealing with drivers convicted of drink-driving offences.
The program is designed to enable convicted drink-drivers to continue to legally drive. The exact period of disqualification depends upon the offence charged.
The program is mandatory for repeat offenders and those people found guilty of a Level 4 (high-range) offence.
Other drink-drive offenders can take up the Interlock voluntarily – and return to the road immediately.
The program addresses underlying alcohol abuse issues through its requirement that mandatory participants attend an assessment by the Court Alcohol and Drug Service before an Interlock Driver Licence is issued.
How does the Interlock device work?
A Road Transport Authority-approved Interlock Device is an electronic breath-testing device wired to the ignition of a car to prevent the car from being started unless the driver passes a breath test. To reduce the potential for bystanders to start the car, the Interlock device is programmed to require retests to be taken at random intervals. The Interlock device is programmed to immobilise the vehicle in response to failed breath tests.
From 17 June, 2014, if you are convicted or found guilty of an alcohol-related disqualifying offence:
- of exceeding the prescribed concentration of alcohol and your blood alcohol concentration was 0.15 or more; or
- of refusing to provide a breath or blood sample related to alcohol; or
- at the time of conviction or finding of guilt you have been convicted of two or more alcohol-related disqualifying offences (including the current offence) within the previous 5 years; and
If you are convicted of a blood-alcohol-concentration offence and do not meet the conditions for a mandatory interlock licence condition, you can elect to apply for a probationary licence with a voluntary interlock condition immediately the court imposes a disqualification period, provided you are not otherwise disqualified from holding or obtaining a driver licence.
The ability to drive immediately after being disqualified is a very different provision to that applying in neighbouring NSW, where all drivers must serve a “disqualification compliance period”, varying between three and 12 months, before undertaking a “minimum Interlock participation period”, which can vary from 12 to 48 months. This participation period can extend well beyond the actual disqualification period. In the ACT, you have the Interlock only for the length of your disqualification period, unless your disqualification is for less than six months, which is the minimum Interlock period.
What are the costs?
Each approved Interlock supplier is required to make their fees and charges publicly available.
Typically, the costs for the minimum six-month Interlock period would be about $1200 (for installation, monthly servicing and removal of the Interlock). For each subsequent 12 months on the program, costs would be about $1800 for monthly servicing.
You may be eligible for a 35 per cent discount on installation, monthly servicing and removal costs if you hold a current, valid Centrelink or Veterans Affairs concession card.
There may be additional costs for unscheduled servicing and lockouts, if you breach the compliance requirements.
Getting the Interlock taken off
Before the RTA removes the Interlock condition on your licence, it must be satisfied that none of the following has occurred in the final three months of your Interlock period:
- you drove a motor vehicle other than the vehicle nominated to the RTA, and fitted with an approved Interlock;
- you drove a nominated vehicle without first providing a sample of your breath to the Interlock;
- you drove a nominated vehicle when you knew, or ought reasonably to have known, that the vehicle’s Interlock was not operating properly or had been interfered with, eg battery disconnection of more than 20 minutes or the device had been tampered with;
- you committed an Interlock period breach:
- by providing a blood-alcohol concentration sample of 0.02 or more; or
- by providing more than 1 blood-alcohol concentration sample of more than zero but less than 0.02; or
- by failing to provide a breath sample when required (eg at a running test).
If found guilty of contravening the condition of your licence that you must only drive a nominated vehicle fitted with an Interlock, you face a maximum penalty of a fine of up to $7000 and/or six months’ imprisonment.
If convicted, the Interlock licence is automatically cancelled unless the court orders otherwise. If the licence is cancelled, you may be disqualified from applying for, or being issued with, another driver licence with an Interlock condition for the remainder of the disqualification period.
What happens if more than one driver uses the same Interlock?
The RTA must be aware which driver is using the Interlock at any point in time. This will require the use of technology, such as a camera, capable of identifying which driver is responsible for matters recorded by the Interlock, particularly to find out who, if anyone, provides a breath sample containing alcohol.
Interlock suppliers will notify the RTA of the commencement, amendment or termination of arrangements applying to multiple Interlock drivers.
Nominated vehicles and company cars
You need to nominate a vehicle so that both the supplier and the RTA can track the use of the Interlock, and make sure you fulfil the requirements of the Interlock program.
If you drive a company vehicle, you will need to gain your employer’s permission for an Interlock to be installed in the vehicle so that you can legally drive that vehicle.
Can someone else drive a car with an Interlock?
Yes, others, such as family members can drive your car with an Interlock fitted. They will need to provide a breath sample in order to start the vehicle. Regardless of whether these drivers are legally subject to the general alcohol limit (0.05) they will be required to drive with no alcohol in their system.
If another driver attempts to start the vehicle and the Interlock records alcohol in their breath sample, the vehicle will not start and the attempt will be recorded by the Interlock. As this breach will be recorded by your Interlock, it is important that you ensure that other drivers are aware of this and that you take steps to prevent such an event occurring. You may wish to consider using camera technology to establish the identity of any other driver responsible for breaches on your Interlock.
Much of the information on these Interlock pages comes from material supplied by the Road Transport Authority of the ACT
WHERE TO NEXT?
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.