Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 50AAE

Approval of types of alcohol interlocks and alcohol interlock suppliers

50AAE. Approval of types of alcohol interlocks and alcohol interlock suppliers



(1) A person or body may apply to the Corporation for-

   (a)  approval of a type of alcohol interlock; or

   (b)  approval as an alcohol interlock supplier-

for the purposes of this Act.

(2) An application must be made in the manner and form determined in writing
by the Corporation and must be accompanied by-

   (a)  the prescribed application fee (if any); and

   (b)  any other things that are prescribed.

(3) The Corporation may approve, in writing, a type of alcohol interlock if it
is satisfied that-

   (a)  the person or body applying for the approval has a right to sell or
        lease the type of alcohol interlock; and



   (b)  the type of alcohol interlock is suitable to be approved for the
        purposes of this Act having regard to-

   (i)  its effectiveness in preventing a motor vehicle from being started if
        it detects more than a certain concentration of alcohol; and

   (ii) the extent to which it is resistant to tampering; and

   (iii) its capacity to record information about its use; and

   (iv) any other matter the Corporation considers relevant.

(4) In considering whether to approve a type of alcohol interlock, the
Corporation must apply the guidelines for the approval of types of alcohol
interlocks made by the Corporation under section 50AAG.

(5) The Corporation may approve, in writing, a person or body as an alcohol
interlock supplier if it considers it appropriate to do so having regard to-

   (a)  whether-

   (i)  the person or body; and

   (ii) the employees or agents (if any) of the person or body who install or
        maintain approved alcohol interlocks- are fit and proper persons to
        install and maintain approved alcohol interlocks; and

   (b)  the relevant qualifications and experience of the person or body and
        of those employees and agents (if any) of the person or body; and

   (c)  the arrangements and standards put in place by the person or body for-

   (i)  installing approved alcohol interlocks; and

   (ii) maintaining approved alcohol interlocks including regular inspections,
        re-calibration and the recording of information about its use; and

   (d)  the arrangements put in place by the person or body for installing and
        maintaining approved alcohol interlocks in rural areas; and

   (e)  the adequacy for the purposes of this Act of-

   (i)  the premises, equipment and resources of the person or body; and

   (ii) the record-keeping and reporting arrangements of the person or body;
        and

   (iii) the arrangements of the person or body for handling complaints; and

   (f)  the ability of the person or body to comply, and record its
        compliance, with the guidelines for the installation or maintenance of
        approved alcohol interlocks made by the Corporation under section
        50AAG; and

   (g)  the terms and conditions on which the person or body supplies, or
        intends to supply, approved alcohol interlocks to customers, or a
        particular class of customer, including the cost of the approved
        alcohol interlock, its installation and regular maintenance; and

   (h)  any other matter the Corporation considers relevant.

(6) The Corporation must not approve a person or body as an alcohol interlock
supplier unless it is satisfied that the person or body will provide
concessions to assist with the cost of installation and regular maintenance of
an approved alcohol interlock to-

   (a)  classes of persons specified by the regulations for the purposes of
        this subsection; or

   (b)  if the regulations do not specify classes of persons for the purposes
        of this subsection, persons who hold a health care card (within the
        meaning of the Social Security Act 1991 of the Commonwealth).

(7) In considering whether to approve a person or body as an alcohol interlock
supplier, the Corporation must apply the guidelines for the approval of
persons or bodies as alcohol interlock suppliers made by the Corporation under
section 50AAG.

(8) If the Corporation refuses to give an approval under subsection (3) or
(5), it must give written notice of the refusal and the reasons for it to the
person or body who applied for the approval.

(9) Subject to sections 50AAH and 50AAI, an approval under this section
remains in force for the period specified by the Corporation when the approval
is given.