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ROAD SAFETY ACT 1986 - SCHEDULE 1B

Schedule 1B—Alcohol interlock requirement

Table




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

1

Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e)

Before 13 May 2002

Discretionary

6 months

2

Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was a first or second offence

On or after 13 May 2002 but before 22 December 2004

Discretionary for a first offence and mandatory for a second offence

6 months

3

Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was a third or subsequent offence

On or after 13 May 2002 but before 22 December 2004

Mandatory

3 years




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

4

Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was a first offence

On or after 22 December 2004 but before 11 October 2006

Discretionary

6 months

5

Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was not a first offence

On or after 22 December 2004 but before 11 October 2006

Mandatory

3 years

6

Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was a first offence

On or after 11 October 2006

Mandatory

6 months

7

Offence under section 49(1)(a) (other than one involving only a drug), (c), (d) or (e) which was not a first offence

On or after 11 October 2006

Mandatory

4 years




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

8

Offence under section 49(1)(b), (f) or (g) where the level of concentration of alcohol in the blood was 0·15 grams or more per 100 millilitres of blood or in the breath was 0·15 grams or more per 210 litres of exhaled air

Before 13 May 2002

Discretionary

6 months

9

Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was 0·15 grams or more per 100 millilitres of blood or in the breath was 0·15 grams or more per 210 litres of exhaled air

On or after 13 May 2002 but before 11 October 2006

Discretionary

6 months




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

10

Offence under section 49(1)(b), (f) or (g) which was not a first offence

On or after 13 May 2002 but before 11 October 2006

Mandatory

6 months in the case of a second offence if the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air;

3 years in any other case

11

Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was 0·15 grams or more per 100 millilitres of blood or in the breath was 0·15 grams or more per 210 litres of exhaled air

On or after 11 October 2006

Mandatory

6 months




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

12

Offence under section 49(1)(b), (f) or (g) which was not a first offence

On or after 11 October 2006

Mandatory

12 months in the case of a second offence if the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air;

4 years in any other case

13

Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was 0·07 grams or more per 100 millilitres of blood but less than 0·15 grams per 100 millilitres of blood or in the breath was

On or after 11 October 2006 but before 1 January 2007

Discretionary

6 months




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period


0·07 grams or more per 210 litres of exhaled air but less than 0·15 grams per 210 litres of exhaled air




14

Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was 0·07 grams or more per 100 millilitres of blood but less than 0·15 grams per 100 millilitres of blood or in the breath was 0·07 grams or more per 210 litres of exhaled air but less than 0·15 grams per 210 litres of exhaled air

On or after 1 January 2007 but before 1 October 2014

Mandatory if at the time of the offence the person was under the age of 26 years or the holder of a probationary driver licence;

Discretionary in any other case

6 months




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

14A

Offence under section 49(1)(b), (f) or (g) which was a first offence and the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air

On or after 1 October 2014

Mandatory

6 months

14B

Offence under section 49(1)(bc)
or (j)

On or after 1 August 2015

Mandatory

6 months in the case of a first offence;

12 months in the case of a second offence if the level of concentration of alcohol in the blood was less than 0·15 grams per 100 millilitres of blood or in the breath was less than 0·15 grams per 210 litres of exhaled air;

4 years in any other case




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

15

An offence referred to in section 89(1) of the Sentencing Act 1991 if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence

Before 13 May 2002

Discretionary

6 months




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

16

An offence referred to in section 89(1) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence

On or after 13 May 2002 but before 1 October 2014

Discretionary

6 months




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

16A

An offence referred to in section 89(1) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence

On or after 1 October 2014

Mandatory

6 months




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

17

An offence referred to in section 89(1) of the Sentencing Act 1991 which was not a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence

On or after 13 May 2002 but before 22 December 2004

Mandatory

6 months in the case of a second offence;

3 years in any other case




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

18

An offence referred to in section 89(1) of the Sentencing Act 1991 which was not a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence

On or after 22 December 2004 but before 11 October 2006

Mandatory

3 years




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

19

An offence referred to in section 89(1) of the Sentencing Act 1991 which was not a first offence if the court made a finding that the offence was committed while the

person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence

On or after 11 October 2006

Mandatory

4 years




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

20

An offence referred to in section 89(3) or (4) of the Sentencing Act 1991 which was a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence

On or after 30 September 2013

Discretionary

6 months




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

21

An offence referred to in section 89(3) or (4) of the Sentencing Act 1991 which was not a first offence if the court made a finding that the offence was committed while the person was under the influence of alcohol, or both alcohol and a drug, which contributed to the offence

On or after 30 September 2013

Mandatory

4 years




Item No.

Column 1



Offence for which disqualified

Column 2


Date of offence for which disqualified

Column 3

Whether giving of alcohol interlock condition direction mandatory or discretionary

Column 4





Minimum period

22

An offence referred to in section 89A(1) of the Sentencing Act 1991 if the court made a finding that the offence was committed while the person was under the

influence of alcohol, or both alcohol and a drug, which contributed to the offence

On or after 30 September 2013

Discretionary

Not applicable



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