Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 50AAD

Offences and immobilisation orders

50AAD. Offences and immobilisation orders



(1) A person whose driver licence or permit is subject to an alcohol interlock
condition is guilty of an offence if-

   (a)  the person breaches that condition; or

   (b)  the person drives a motor vehicle with an approved alcohol interlock
        in accordance with that condition but the motor vehicle has been
        started-

   (i)  with the approved alcohol interlock disengaged; or

   (ii) in a way that does not comply with the manufacturer's instructions for
        the use of the approved alcohol interlock; or

   (iii) in a way other than by the person blowing directly into the
        appropriate part of the approved alcohol interlock. Note Sections
        50AAH and 50AAI may affect whether a person has breached the
        condition.

(2) A person who is guilty of an offence against subsection (1) is liable to a
fine of not more than 30 penalty units or to imprisonment for a term of not
more than 4 months.

(3) If-

   (a)  a person breaches an alcohol interlock condition by driving a motor
        vehicle with a type of alcohol interlock-

   (i)  the approval of which is cancelled under section 50AAH; or

   (ii) that is installed or maintained by a person or body whose approval as
        an alcohol interlock supplier is cancelled under section 50AAI; or

   (iii) that is installed or maintained by a person or body who would be
        authorised by an approved alcohol interlock supplier except that the
        supplier's approval is cancelled under section 50AAI; and

   (b)  the person is charged with an offence against subsection (1)(a) in
        respect of that breach-

it is a defence if the person proves that he or she reasonably believed at the
time of the breach that the type of alcohol interlock was an approved alcohol
interlock, or the person or body was an approved alcohol interlock supplier or
authorised by such a supplier, as the case may be.

(4) A court finding a person guilty, or convicting a person, of an offence
against subsection (1)(b) may, if the court considers it appropriate to do so,
order that the motor vehicle concerned be immobilised (whether by wheel clamps
or any other means) for a period specified in the order of up to 12 months.

(5) An order under subsection (4) may be made subject to specified conditions.

(6) The court may make an order under subsection (4) whether the motor vehicle
is owned by the offender or another person.

(7) If the court considers that another person, who is not present at the
hearing concerning the making of an order under subsection (4), may be
substantially affected by such an order, the court must issue a summons to
that other person to show cause why the order should not be made.

(8) On the return of the summons, the court may, after hearing the evidence
brought before it, make or refuse to make the order.