New South Wales Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT LEGISLATION AMENDMENT (INTERLOCK DEVICES) ACT 2002 - SCHEDULE 1

SCHEDULE 1 – Amendment of Road Transport (General) Act 1999

(Section 3)

[1] Part 3 Enforcement of road transport legislation and other legislation

Insert the following heading before section 24:

Subdivision 1 General

General

[2] Section 25 Disqualification for certain major offences

Insert after section 25 (5):

(6) Relationship to Subdivision 2 This section has effect subject to the provisions of Subdivision 2.

[3] Part 3, Division 3, Subdivision 2

Insert after section 25:

Subdivision 2 - Use of interlock devices as alternative to disqualification

25A Interpretation In this Subdivision:
"alcohol-related major offence" means any of the following offences:

(a) an offence under section 9 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,

(b) an offence under section 9 (2) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,

(c) an offence under section 9 (3) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,

(d) an offence under section 9 (4) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 ,

(e) an offence under section 12 (1) (a) or (b) of the Road Transport (Safety and Traffic Management) Act 1999 where the offence involved driving under the influence of alcohol,

(f) an offence under section 15 (4) of the Road Transport (Safety and Traffic Management) Act 1999 .

"disqualification compliance period", in relation to a person, means the disqualification compliance period applying to the person under section 25D (a).
"disqualification period", in relation to a person, means the disqualification period applying to the person for the purposes of section 25C.
"disqualification suspension order", in relation to a person, means an order made under section 25C that, subject to certain conditions, may operate to suspend a disqualification under section 25 of the person from holding a driver licence.
"interlock driver licence" means a conditional licence issued under the Road Transport (Driver Licensing) Act 1998 that restricts the holder of the licence to driving a motor vehicle fitted with an approved interlock device (within the meaning of Part 2A of that Act).
"interlock participation period", in relation to a person, means the period during which the person must participate in an interlock program for the purposes of a disqualification suspension order.

25B Subdivision does not apply to habitual traffic offenders This Subdivision does not apply in respect of a person convicted of an alcohol-related major offence who is declared to be an habitual traffic offender by operation of section 28 (whether or not as a result of the conviction).

25C Disqualification period may be suspended for participation in interlock program If a court convicts a person of an alcohol-related major offence and the person is disqualified from holding a driver licence by or under section 25 (2) or (3) for a period (the "disqualification period"), the court may order that the disqualification of the person be suspended if the person participates in an interlock program for:

(a) the minimum interlock participation period specified in column 2 of Schedule 1A set out opposite the category of offender specified in column 1 of that Schedule to which the person belongs, or

(b) such greater interlock participation period as the court may order.

25D When person may participate in interlock program A person in respect of whom a disqualification suspension order is made is entitled to participate in an interlock program only if:

(a) the disqualification compliance period specified in column 3 of Schedule 1A set out opposite the category of offender specified in column 1 of that Schedule to which the person belongs has expired, and

(b) the person is issued with an interlock driver licence by the Authority under the Road Transport (Driver Licensing) Act 1998 .

25E Entitlement to apply for interlock driver licence

(1) A convicted person in respect of whom a disqualification suspension order is made is entitled to apply for an interlock driver licence despite his or her disqualification:

(a) if the application is made before the expiry of the disqualification compliance period applicable to the person--no earlier than 28 days before the expiry of that period, or

(b) at any time after the expiry of the disqualification compliance period but before the expiry of the disqualification period.

(2) However, nothing in this Subdivision confers a right on a person in respect of whom a disqualification suspension order is made to be issued with an interlock driver licence.

25F When disqualification suspension order has effect

(1) When order operates to suspend disqualification A disqualification suspension order operates to suspend a disqualification while the person in respect of whom the order was made participates in an interlock program.

(2) Early termination of order A disqualification suspension order ceases to have effect before the expiry of the interlock participation period if the person ceases to participate in an interlock program.

(3) Effect of early termination of order If a disqualification suspension order ceases to have effect before the expiry of the interlock participation period, the person to whom the order relates is disqualified from holding a driver licence for the period equal to the difference between:

(a) the disqualification period originally applicable to the person, and

(b) the period of disqualification that had already been completed immediately before the disqualification suspension order operated to suspend the original disqualification.

(4) Effect of suspension of interlock driver licence on order If the interlock driver licence of a person in respect of whom a disqualification suspension order is made is suspended during the interlock participation period:

(a) the order does not cease to have effect only because the driver licence is suspended, and

(b) the period of suspension is to be added to the interlock participation period applicable to the person for the purposes of determining when the interlock participation period expires.

25G Participation in an interlock program

(1) Commencement of participation in interlock program and interlock participation period A person in respect of whom a disqualification suspension order is made commences to participate in an interlock program on the date on which the person is issued with an interlock driver licence. The interlock participation period applicable to the person also commences on that date.

(2) Early cessation of participation A person in respect of whom a disqualification suspension order is made ceases to participate in an interlock program if and when:

(a) the person is convicted by a court of a major offence during the interlock participation period and the court does not order that the disqualification suspension order continue in effect despite the conviction, or

(b) the person ceases to hold an interlock driver licence before the expiry of the interlock participation period (whether by reason of cancellation of the licence or otherwise).

25H Effect of successful participation in interlock program If a disqualification suspension order does not cease to have effect before the expiry of the interlock participation period:

(a) the order ceases to have effect on the expiry of that period, and

(b) the disqualification period in respect of which the order was originally made is taken to have expired on the expiry of the interlock participation period.

[4] Part 3, Division 3, Subdivision 3

Insert before section 26:

Subdivision 3 Effect of disqualification

Effect of disqualification

[5] Section 26 Effect of disqualification

Omit "A person" from section 26 (4).
Insert instead "Subject to the provisions of Subdivision 2, a person".

[6] Schedule 1A

Insert after Schedule 1:

1A &endash; Interlock participation and disqualification compliance periods

(Sections 25C (a) and 25D (a))