New South Wales Repealed Acts

This legislation has been repealed.

ROAD TRANSPORT LEGISLATION AMENDMENT (INTERLOCK DEVICES) ACT 2002 - SCHEDULE 2

SCHEDULE 2 – Amendment of Road Transport (Driver Licensing) Act 1998

(Section 4)

Part 2A

Insert after Part 2:

Part 2A - Interlock devices

21 Definitions In this Part:
"approved interlock device" --see section 21A.
"approved interlock installer" --see section 21B (1).
"approved interlock service provider" --see section 21B (2).
"interlock device" means a device designed to:

(a) analyse a breath sample for the presence of alcohol, and

(b) prevent a motor vehicle from being started if it detects more than a certain concentration of alcohol.

"interlock driver licence" --see section 21C (2) (a).
"maintenance", in relation to an interlock device, includes (but is not limited to) the following:

(a) the retrieval of any information that is stored electronically by or with the device,

(b) any work that improves or augments the functionality of the device.

21A Approved interlock devices In this Part, an "approved interlock device" is an interlock device of a type approved by the Authority by order published in the Gazette.

Note: The Authority may amend or repeal an order made under this section. See section 43 of the Interpretation Act 1987 .

21B Approved interlock installers and service providers

(1) In this Part, an "approved interlock installer" means a person approved in writing by the Authority as a person who may install and remove approved interlock devices in motor vehicles for the purposes of this Part.

(2) In this Part, an "approved interlock service provider" means a person approved in writing by the Authority as a person who may carry out maintenance to ensure the proper operation of approved interlock devices, or conduct inspections of such devices, for the purposes of this Part.

(3) A person may be both an approved interlock installer and approved interlock service provider for the purposes of this Part.

(4) The Authority may revoke any approval given to a person under this section by written notice given to the person.

Note: Section 44 of the Road Transport (General) Act 1999 provides for the service and giving of documents to persons under the road transport legislation, which includes this Act.

(5) The Authority is not liable in civil proceedings (whether for negligence or otherwise) for anything done or omitted to be done by an approved interlock installer or approved interlock service provider in exercising (or purportedly exercising) any function under this Act or the regulations. In particular, the Authority is not vicariously liable for any such act or omission.

21C Regulations may provide for installation, maintenance and use of interlock devices

(1) Without limiting section 20, the regulations may make provision for or with respect to the installation, removal and maintenance of interlock devices on motor vehicles and the use of such devices (whether or not for the purposes of a disqualification suspension order within the meaning of section 25A of the Road Transport (General) Act 1999 ).

(2) Without limiting the scope of the regulations under subsection (1), the regulations may:

(a) provide for the issue of conditional licences ( "interlock driver licences") that restrict the holders of such licences to driving motor vehicles fitted with approved interlock devices by approved interlock installers, and

(b) require (or authorise the Authority to require) applicants for interlock driver licences to submit to medical consultations before such applicants can be issued with such licences or at any time during which such licences are in force, and

(c) prescribe additional conditions (or authorise the Authority to impose conditions) that holders of interlock driver licences must observe, including (but not limited to) the following:

(i) conditions relating to the maximum concentration of alcohol that may be present in the blood of holders of such licences when they drive motor vehicles,

(ii) conditions relating to the installation, maintenance and removal of interlock devices (including the payment of costs relating to such installation, maintenance or removal),

(iii) conditions relating to the inspection of interlock devices (or motor vehicles fitted with such devices) and the provision of information relating to such inspections to the Authority,

(iv) conditions relating to the provision of any data or other information collected by an interlock device (including the payment of any costs relating to the provision of such data or other information),

(v) any other conditions relating to the use of interlock devices, and

(d) provide for certain motor vehicles (or classes of motor vehicles) not to be driven by holders of interlock driver licences,

(e) provide for the Authority to inspect motor vehicles fitted with interlock devices (or require such motor vehicles to be inspected by other persons), and

(f) specify procedures (or authorise the Authority to specify procedures) for approved interlock installers and approved interlock service providers to observe when installing, removing, inspecting or carrying out maintenance on approved interlock devices, and

(g) provide for applications by persons to be approved by the Authority as approved interlock installers or approved interlock service providers and for fees payable in respect of such applications, and

(h) authorise a police officer:

(i) to stop and inspect motor vehicles that the officer reasonably suspects may be fitted with an interlock device, and

(ii) to seize any such motor vehicles or devices where the device is fitted to a motor vehicle driven by the holder of an interlock driver licence and the officer reasonably suspects that the device has been used in contravention of this Act or the regulations, and

(i) provide for offences relating to the following:

(i) the use of approved interlock devices, or the use of devices that are not approved interlock devices, by holders of interlock driver licences,

(ii) tampering or other interference with approved interlock devices fitted to motor vehicles driven (or to be driven) by holders of interlock driver licences, or with breath samples provided for such devices,

(iii) the installation, maintenance or removal of interlock devices that are used (or may be used) by holders of interlock driver licences,

(iv) the provision of data or information concerning interlock devices that are used (or may be used) by holders of interlock driver licences,

(v) any other acts or omissions that may assist the holder of an interlock driver licence in contravening any conditions of the licence or committing an offence against this Act or the regulations.

21D Financial assistance for use of approved interlock devices

(1) The Authority must establish a scheme under which persons seeking to gain the use of, or who are using, approved interlock devices may obtain financial assistance for the installation, removal or maintenance of such devices.

(2) The Authority may approve the provision of financial assistance under this section subject to any means tests and conditions as may be determined by the Authority from time to time.

(3) If it is a condition of the provision of any financial assistance provided under this section that all or part of it be repaid in specified circumstances, the amount of financial assistance that becomes repayable on the occurrence of those circumstances is a debt due to the Crown recoverable in a court of competent jurisdiction.

(4) For the purposes of subsection (3), a certificate issued by the Authority that certifies that it was a condition of the provision of financial assistance that all or part of it be repaid in specified circumstances is prima facie evidence that the assistance was provided on that condition.

(5) Payments of financial assistance are to be paid from the Roads and Traffic Authority Fund established by section 77 of the Transport Administration Act 1988 .