Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 50AAA

Direction to impose alcohol interlock condition

50AAA. Direction to impose alcohol interlock condition



(1) This section applies if-

   (a)  a person was disqualified under section 50 from obtaining a driver
        licence or permit because he or she was convicted or found guilty of
        an offence under section 49(1)(a) (other than an offence involving
        only drugs) or under section 49(1)(b), (c), (d), (e), (f) or (g); and

   (b)  the offence was not an accompanying driver offence; and

   (c)  the person makes an application under section 50(4) for an order as to
        the issue of a driver licence or permit; and

   (d)  the court considers it appropriate to make the order.

(1A) If-

   (a)  the offence was a first offence; and

   (b)  the offence was under section 49(1)(b), (f) or (g); and

   (c)  the concentration of alcohol-

   (i)  in the person's blood at the relevant time was 0×07 grams or more per
        100 millilitres of blood but less than 0×15 grams per 100 millilitres
        of blood; or

   (ii) in the person's breath at the relevant time was 0×07 grams or more per
        210 litres of exhaled air but less than 0×15 grams per 210 litres of
        exhaled air- as the case requires- on making the order, the court may
        direct the Corporation that it can only grant the person a driver
        licence or permit that is subject to a condition that the person must
        only drive a motor vehicle with an approved alcohol interlock
        installed and maintained by an approved alcohol interlock supplier or
        a person or body authorised by such a supplier. Note For approved
        alcohol interlock and approved alcohol interlock supplier, see section
        3(1).

(2) If-

   (a)  the offence was a first offence; and

   (b)  either-

   (i)  the offence was under section 49(1)(a) (other than an offence
        involving only drugs) or section 49(1)(c), (d) or (e); or

   (ii) in the case of an offence under section 49(1)(b), (f) or (g), the
        concentration of alcohol-

                (A)  in the person's blood at the relevant time was 0×15 grams
                     or more per 100 millilitres of blood; or

                (B)  in the person's breath at the relevant time was 0×15
                     grams or more per 210 litres of exhaled air- as the case
                     requires- on making the order, the court must direct the
                     Corporation that it can only grant the person a driver
                     licence or permit that is subject to a condition that the
                     person must only drive a motor vehicle with an approved
                     alcohol interlock installed and maintained by an approved
                     alcohol interlock supplier or a person or body authorised
                     by such a supplier.

(2A) Despite subsection (1A), if-

   (a)  the offence was a first offence; and

   (b)  either-

   (i)  the offence was under section 49(1)(a) (other than an offence
        involving only drugs) or section 49(1)(c), (d) or (e); or

   (ii) in the case of an offence under section 49(1)(b), (f) or (g), the
        concentration of alcohol-

                (A)  in the person's blood at the relevant time was 0×07 grams
                     or more per 100 millilitres of blood; or

                (B)  in the person's breath at the relevant time was 0×07
                     grams or more per 210 litres of exhaled air- as the case
                     requires; and

   (c)  at the time of the offence the person was-

   (i)  under the age of 26 years; or

   (ii) the holder of a probationary driver licence- on making the order, the
        court must direct the Corporation that it can only grant the person a
        driver licence or permit that is subject to a condition that the
        person must only drive a motor vehicle with an approved alcohol
        interlock installed and maintained by an approved alcohol interlock
        supplier or a person or body authorised by such a supplier.

(3) Subject to subsection (3A), if the offence was not a first offence-



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   (b)  on making the order, the court must direct the Corporation that it can
        only grant the person a driver licence or permit that is subject to a
        condition that the person must only drive a motor vehicle with an
        approved alcohol interlock installed and maintained by an approved
        alcohol interlock supplier or a person or body authorised by such a
        supplier.

(3AA) If the offence was an offence referred to in subsection (2), (2A) or
(3), then, despite section 50(4A) and (4B), the person is not required to
obtain, and the court is not required to have regard to, a report referred to
in section 50(4B)(a).

(3A) Despite subsection (3) or (3AA), if-





   (a)  the offence was not a first offence; and





   (b)  the person was disqualified under section 50 from obtaining a driver
        licence or permit on or before the commencement of section 10 of the
        Road Safety (Alcohol Interlocks) Act 2002-

subsection (3AA) has no application to the offence and, on making the order,
the court may direct the Corporation that it can only grant the person a
driver licence or permit that is subject to a condition that the person must
only drive a motor vehicle with an approved alcohol interlock installed and
maintained by an approved alcohol interlock supplier or a person or body
authorised by such a supplier.

(4) For the purposes of this section, in determining whether an offence
referred to in subsection (1)(a) was or was not a first offence, any previous
conviction or finding of guilt of the person of an offence under section
49(1)(a) (involving only drugs) or of an offence under section 49(1)(ba),
(bb), (h) or (i) is to be disregarded, despite section 48(2).