Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 50AAB

When an alcohol interlock condition can be removed

50AAB. When an alcohol interlock condition can be removed





(1) If the court gives a direction under section 50AAA(1A), 50AAA(2),
50AAA(2A), 50AAA(3)(b) or 50AAA(3A), it must specify in the direction a period
during which the person concerned cannot apply to the court for the removal of
an alcohol interlock condition imposed on his or her driver licence or permit.

(2) If the direction is given under section 50AAA(1A), 50AAA(2) or 50AAA(2A),
the specified period must be at least 6 months after the condition is imposed.

(3) If the direction is given under section 50AAA(3)(b) or 50AAA(3A), the
specified period must be-

   (a)  at least 12 months after the condition is imposed in the case of a
        second offence under section 49(1)(b), (f) or (g) where the
        concentration of alcohol-

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

   (ii) in the person's breath at the relevant time was less than 0×15 grams
        per 210 litres of exhaled air- as the case requires; or

   (b)  in any other case, at least 4 years after the condition is imposed.



(4) The Corporation must not remove an alcohol interlock condition imposed on
a person's driver licence or permit unless the court orders, on the
application of the person made at the end of the specified period and on
giving 28 days written notice of the application and of the venue of the Court
at which it is to be made to the Chief Commissioner of Police, that the
condition be removed.

(5) Within 28 days before applying for the removal of an alcohol interlock
condition imposed on a person's driver licence or permit, the person must
obtain from an accredited agency a report that-

   (a)  covers all of the period, but at least 6 months, since an approved
        alcohol interlock was installed by an approved alcohol interlock
        supplier, or a person or body authorised by such a supplier, in a
        motor vehicle driven by the person during that period; and

   (b)  includes-

   (i)  an assessment by each approved alcohol interlock supplier who
        maintained or authorised a person or body to maintain the approved
        alcohol interlock during that period on the extent to which the person
        complied with the manufacturer's instructions for using the approved
        alcohol interlock; and

   (ii) an assessment of the person's use of alcohol during that period; and

   (iii) the last licence restoration report obtained by the person.

(6) In determining whether to make an order to remove an alcohol interlock
condition imposed on a person's driver licence or permit-

   (a)  the court must hear any relevant evidence tendered by either the
        person or the Chief Commissioner of Police and any evidence of a
        registered medical practitioner required by the court; and

   (b)  the court, without limiting the generality of its discretion, must
        have regard to-

   (i)  the person's use of alcohol in the period since the condition was
        imposed; and

   (ii) the person's physical and mental condition at the time of the hearing
        of the application; and

   (iii) the effect that the making of the order may have on the safety of the
        person or the public; and

   (iv) any report obtained under subsection (5).