Appendix 5 Alcohol interlock programs
Appendix 5.1. Summary of state and territory laws on alcohol interlocks and driving
| State/territory | Summary of law |
|---|---|
| Australian Capital Territory | The Australian Capital Territory’s alcohol interlock program began on 17 June 2014. High-risk drinkdriving offenders (high range and habitual drinkdriving offenders) must participate in the ACT alcohol interlock program as a mandatory condition of relicensing. For these high-risk offenders, participation in the program may include a court-ordered therapeutic component as well as a requirement to only drive a vehicle fitted with an interlock device. All high-risk offenders are required to undergo a pre-sentence assessment by the Court Alcohol and Drug Assessment Service. Voluntary participation is an option for other drink-driving offenders, who may reduce their total disqualification period by agreeing to participate in, and comply with, an alcohol interlock program. These offenders may elect to apply for a probationary licence, which will be issued subject to an interlock condition, at any time during their disqualification period. High-risk offenders who obtain an exemption from participating in the scheme must complete their full disqualification period before applying for a probationary licence. Exemptions are available only where special circumstances exist. There is a 6 month minimum program participation period, with program participants required to demonstrate a continuous period of 3 months’ compliance with the interlock program (i.e. no alcohol detected in the person’s breath samples) and compliance with any treatment order before the interlock condition may be removed. More information can be found on the ACT Road Transport Authority website at http:// www.rego.act.gov.au/licence/act-road-rules,-laws-and-publications/alcohol-ignition- interlock-program. |
| New South Wales | Drivers convicted of serious drink driving offences are restricted to driving vehicles with alcohol interlock devices for a period of time when they return to driving. High-range, mid-range, repeat driving under the influence of alcohol and all combined drink and drug driving offenders must participate in the program (the blood alcohol content is zero) unless the court makes an interlock exemption order. The requirements apply to specific offences declared ‘alcohol related major offences’ in s. 211 of the Road Transport Act 2013. Interlock orders may also be made by a court if a person is convicted of dangerous driving offences as prescribed in s. 52A of the Crimes Act 1900 where the offence involved the presence of alcohol. The licence holder must meet mandatory alcohol Interlock licence conditions, in addition to other conditions that may apply to the licence, and must not drive a motor vehicle with a placard load within the meaning of the Dangerous Goods (Road and Rail Transport) Regulation 2014. At the end of a court-ordered interlock period, Transport for NSW may refer interlock licence holders to a medical professional for assessment under the Assessing fitness to drive guidelines if interlock data indicate that further medical assessment for substance misuse may be required. Based on the recommendation of a medical professional, Transport for NSW can extend the interlock condition for a further 6 months. At the end of this period, these drivers must undertake another fitness-to-drive assessment before they complete the program. More information can be found on the Transport for NSW website at https://roads- waterways.transport.nsw.gov.au/roads/demerits-offences/drug-alcohol/interlock- program.html. |
| Northern Territory | The Northern Territory’s Alcohol Interlock Program was introduced in 2009. The program applies to repeat drink-drivers convicted of a relevant offence on a second and subsequent occasion including: driving with a high-range blood alcohol content (BAC of 0.15 per cent or greater); driving with a medium-range blood alcohol content (BAC of 0.08 per cent or greater, but less than 0.15 per cent); driving under the influence of alcohol or both alcohol and a drug; failing to provide a sufficient sample of breath for a breath analysis; failing to give a sample of blood for analysis; or driving with alcohol in the blood if the driver is subject to a zero alcohol limit. The program is a period of driving under conditions, which include the requirement to drive a vehicle fitted with an alcohol ignition lock (AIL). The court may, in addition to disqualifying a person from driving for a mandatory period, order an AIL period ranging from 6 months to 3 years. When the mandatory disqualification period ends, a person can apply for an AIL licence and have an AIL device installed by an approved supplier or, if they opt not to drive, serve out the court-imposed AIL period as an additional disqualification period. To obtain an AIL licence a person must have held a driver licence other than a learner licence within the previous 5 years and completed the drink-driver education course relevant to the offence. More information can be found on the Northern Territory website at https://nt.gov.au/ driving/driving-offences-and-penalties/alcohol-ignition-lock-order/introduction. |
| Queensland | Drink-drivers who are convicted of driving while over the alcohol limit, driving under the influence of alcohol, failing to provide a breath specimen for analysis, dangerous driving when adversely affected by alcohol, or two or more drink-driving offences of any kind within a 5 year period are subject to Queensland’s Alcohol Ignition Interlock Program. Drivers subject to the program must comply with the no-alcohol limit at all times when driving and only drive a vehicle that has been nominated to the department and fitted with an approved interlock. To complete the program a person must hold a valid licence with an ‘I’ (interlock) condition and have an approved interlock installed in a nominated vehicle for a minimum period of 1 year. If a person chooses not to have an approved interlock installed, they are not allowed to drive for 2 years from the end of their disqualification period for the drink- driving offence. Exemptions are available only where special circumstances exist. More information can be found on the Queensland Government website at https://www. qld.gov.au/transport/safety/road-safety/drink-driving/penalties/interlocks/index.html. |
| South Australia | The Mandatory Alcohol Interlock Scheme (MAIS) began in South Australia in 2009. This scheme is administered by the Registrar of Motor Vehicles under s. 81E of the Motor Vehicles Act 1959. All people who commit a serious drinkdriving offence are liable to the scheme on returning to driving after completing the court-imposed disqualification period. A serious drinkdriving offence is defined as: a second or subsequent offence, within a period of 5 years, of driving with a BAC at or above 0.08; driving with a BAC at or above 0.15; driving under the influence of an intoxicating liquor; or refusing to provide a sample of breath or blood for the purpose of alcohol testing. The conditions apply for a period equal to the disqualification period ordered by the Magistrates’ Court plus any immediate loss of licence suspension issued by South Australia Police, to a maximum of 3 years. The MAIS requires the person to nominate a vehicle(s) that he/she will drive for the period the conditions apply and to have an alcohol interlock device fitted to the vehicle(s). The person must not operate any other vehicles. Exemptions are available only where special circumstances exist. Licence holders who are assessed by an approved assessment clinic as dependent on alcohol can make an application to the Registrar of Motor Vehicles for a licence subject to an interlock condition. If approved the person is granted a licence subject to the interlock condition; this condition can only be removed where the licence holder is assessed by an approved assessment clinic as non-dependent on alcohol. If the person does not agree to the interlock condition, they are refused the issue of a licence until they are assessed as non-dependent. More information can be found on the South Australian Department of Planning, Transport and Infrastructure website at http://www.dpti.sa.gov.au/towardszerotogether/ Safer_behaviours/alcohol_drink_driving2/mandatory_interlock_scheme_faqs. |
| Tasmania | Drivers convicted of drinkdriving offences are subject to Tasmania’s Mandatory Alcohol Interlock Program (MAIP). The scheme is administered by the Registrar of Motor Vehicles under the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021. The program applies to drivers convicted of: a drinkdriving offence recording a BAC of 0.15 or more; two or more drink-driving offences in a 5 year period; driving under the influence of liquor; or failing to provide a breath/blood specimen for analysis. Participants serve a disqualification period and then are required to have an interlock installed in a nominated vehicle at the conclusion of their disqualification and before their driver licence can be issued/reissued. Tasmania’s program runs for a minimum of 15 months consisting of a 9 month ‘learning period’ and a 6 month ‘demonstration period’. There are limited grounds for exemption to participating in the Tasmanian MAIP. More information can be found on the Tasmanian Department of State Growth website at http://www.transport.tas.gov.au/licensing/offences/interlocks. |
| Victoria | As of 30 April 2018, all drivers committing a drinkdriving offence will lose their licence, be required to complete a behaviour change program and fit an alcohol interlock to their vehicle before licensing. More information can be found on the VicRoads website at https://www.vicroads.vic.gov. au/licences/demerit-points-and-offences/drink-and-drug-driving-offences. |
| Western Australia | From October 2016, high-end and repeat drink-drivers who commit offences will be subject to Western Australia’s Alcohol Interlock Program under the Road Traffic Amendment (Alcohol Interlocks and Other Matters) Act 2015. Offences include first-time driving under the influence of alcohol offences; first-time failure to provide breath, blood or urine sample offences; first-time dangerous driving causing death, bodily harm or grievous bodily harm offences where the offender is under the influence of alcohol to such an extent as to be incapable of having proper control of a vehicle; and second or subsequent drink-driving offences of any kind within a 5 year period. Drivers convicted of alcohol-related offences on seeking authorisation to drive will have their licence endorsed with an interlock condition restricting their driving to vehicles fitted with an approved alcohol interlock device. The period a driver is required to have an interlock installed in their vehicle is referred to as the ‘restricted driving period’. The disqualification imposed by the courts and the type of licence granted to a person will determine the length of the restricted driving. The program includes support by means of an alcohol assessment, a treatment component and extension of time on the interlock device for those who don’t comply. More information can be found on the Western Australian Road Safety Commission website at https://www.rsc.wa.gov.au/Documents/Law-Changes/rsc-alcohol-interlocks- fact-sheet.aspx. |