New South Wales Consolidated Acts

ROAD TRANSPORT (DRIVER LICENSING) ACT 1998 - SECT 21C

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.