Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Mandatory Alcohol Interlock) Regulations 2013

Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Mandatory Alcohol Interlock) Regulations 2013

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Vehicle and Traffic Act 1999 .

17 June 2013

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

D. J. O'BYRNE

Minister for Infrastructure

1.   Short title

These regulations may be cited as the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Amendment (Mandatory Alcohol Interlock) Regulations 2013 .

2.   Commencement

These regulations take effect on 31 July 2013.

3.   Principal Regulations

In these regulations, the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3(1) of the Principal Regulations is amended as follows:

(a) by omitting the definition of breath alcohol interlock device ;

(b) by inserting the following definition after the definition of hire and drive vehicle :

I condition means the condition specified in regulation 24(3)(f) ;

(c) by inserting the following definitions after the definition of insurer :

interlock means a device or system, approved by the Registrar, that –

(a) is capable of being installed in a motor vehicle; and

(b) once installed, only allows the engine of the motor vehicle in which it is installed to be started after the device or system –

(i) analyses a breath sample provided by the intended driver of the motor vehicle; and

(ii) detects that the breath sample analysed contains a level of alcohol concentration below the limit set internally within the device or system;

interlock licence means a driver licence that is subject to an I condition;

5.    Regulation 21 amended (Requirements by Registrar)

Regulation 21(4) of the Principal Regulations is amended by inserting after paragraph (a) the following paragraph:

(ab) the applicant has met any pre-conditions necessary, in the Registrar's opinion, for the licence of the class sought by the applicant to be issued, if otherwise eligible; or

6.    Regulation 22 amended (Issue of driver licence)

Regulation 22 of the Principal Regulations is amended by inserting after subregulation (9) the following subregulations:

(9A)  Despite subregulation (1) , the Registrar must issue a driver licence as an interlock licence if the Registrar is to issue the driver licence to a person who –

(a) applied for the driver licence to replace an Australian driver licence that was cancelled as a consequence of the person being convicted of an offence specified in subregulation (9B) , unless the person –

(i) was the holder of a learner licence at the time the offence was committed; and

(ii) at the time the offence was committed, did not also hold a driver licence of a type other than a learner licence; or

(b) has a court order authorising the issue of a restricted driver licence to the person after his or her Australian driver licence was suspended or cancelled as a consequence of being convicted of a subsequent offence specified in subregulation (9B)(b) ; or

(c) applied for the driver licence to replace an Australian driver licence that expired or was cancelled for any reason if the latter driver licence was an interlock licence and the I condition on the interlock licence had not been revoked by the Registrar under regulation 24(8) before the interlock licence expired or was cancelled.

(9B)  Subregulation (9A) applies to the following offences:

(a) an offence under the Road Safety (Alcohol and Drugs) Act 1970 that involves a blood alcohol concentration of 0.15 or greater;

(b) an offence that is a subsequent offence under section 17 of the Road Safety (Alcohol and Drugs) Act 1970 , if the initial offence and the subsequent offence both occur within a 5-year period;

(c) an offence in respect of a failure to comply with a requirement made under section 10(4) of the Road Safety (Alcohol and Drugs) Act 1970 ;

(d) an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970 for driving under the influence of intoxicating liquor;

(e) an offence in another jurisdiction that substantially corresponds to an offence referred to in this subregulation.

(9C)  If, as a result of being convicted of an offence specified in subregulation (9B)  –

(a) the holder of a provisional licence has his or her provisional licence cancelled; and

(b) he or she is regressed under section 13A of the Act back to the L2 stage –

the Registrar must impose an I condition on the driver licence issued to the regressed driver after the successful completion of his or her L2 stage after being regressed.

(9D)  Nothing in subregulation (9A) or (9C) affects the Registrar's discretion to impose any condition, including an I condition, on any driver licence in any other circumstance.

7.    Regulation 23 amended (Term of driver licence)

Regulation 23 of the Principal Regulations is amended by inserting after subregulation (4) the following subregulation:

(5)  If the earlier driver licence that is surrendered under subregulation (4) is an interlock licence –

(a) the driver licence issued under that subregulation is also to be issued as an interlock licence; and

(b) each class of driver licence specified on the interlock licence that is issued under that subregulation, including a class of driver licence relating to a learner licence, is subject to the I condition.

8.    Regulation 24 amended (Conditional licences)

Regulation 24 of the Principal Regulations is amended as follows:

(a) by omitting paragraph (f) from subregulation (3) and substituting the following paragraph:

(f) a condition that the holder of the licence must not drive a motor vehicle except in accordance with Division 3A , as applicable (I);

(b) by inserting the following subregulation after subregulation (4) :

(4A)  The Registrar is not to impose an I condition under subregulation (3)(f) on a learner licence unless –

(a) the holder of the learner licence also holds a full licence, or a provisional licence, of another class at the same time as holding the learner licence; or

(b) the Registrar believes that it is appropriate in the circumstances.

(c) by omitting from subregulation (8) "The" and substituting "Subject to regulation 26L , the".

9.    Part 2, Division 3A inserted

After regulation 26 of the Principal Regulations , the following Division is inserted in Part 2:

Division 3A - Additional requirements for interlock licences

26A.   Interpretation of Division

(1)  In this Division –

approved provider means a person that has a contract with the Department to –

(a) provide interlocks to be installed in motor vehicles; and

(b) establish, operate or maintain service centres where interlocks can be installed, serviced or removed in accordance with this Division;

extended lockout, of an interlock installed in a motor vehicle, means where the interlock prevents, in accordance with the parameters of the interlock, the operation of the motor of the motor vehicle for a minimum period determined by the Registrar;

lockout includes an extended lockout and permanent lockout;

MAIP, or mandatory alcohol interlock program, means the program established under regulation 26C ;

monitoring data means –

(a) information –

(i) recorded by an interlock; and

(ii) downloaded by an approved provider during the service or removal of the interlock; and

(b) any other information the approved provider records in respect of an interlock, or the holder of an interlock licence, during the installation, service or removal of the interlock;

nominated vehicle means a motor vehicle nominated by a person under regulation 26E(1)(c) ;

parameter means a setting of an interlock that determines the behaviour of the interlock in certain circumstances;

performance report means a report prepared by the approved provider, after performing a service of an interlock, that contains –

(a) the monitoring data collected during the service of the interlock in respect of the period between the last previous service and the service in respect of which the report is prepared; and

(b) information explaining the effect of any software update on the holder of the interlock licence;

permanent lockout, of an interlock installed in a motor vehicle, means where the interlock indefinitely prevents, in accordance with the parameters of the interlock, the operation of the motor vehicle other than as authorised by the Registrar;

service, an interlock, includes testing, inspecting, maintaining, repairing and adjusting the interlock;

service centre means premises established, operated or maintained by an approved provider as required under the contract between the approved provider and the Department;

unique identifier, of a person, means the unique number –

(a) assigned to the person by the Registrar; and

(b) referenced in the information provided to the person by the Registrar.

(2)  In this Division, a reference to a nominated vehicle of the holder of an interlock licence is a reference to the motor vehicle nominated under regulation 26B(1)(a) by the holder of the licence, whether or not the motor vehicle was nominated before or after the person was issued the interlock licence.

26B.   Interlock licence requirements

(1)  The holder of an interlock licence must –

(a) nominate a motor vehicle, that is registered under the Act or exempt from registration under section 28 or 29 of the Act, to be installed with an interlock; and

(b) have an interlock installed in at least one motor vehicle he or she has nominated under paragraph (a) ; and

(c) comply with this Division and the MAIP.

(2)  The holder of an interlock licence must, when driving a motor vehicle under the authority of the licence, only drive the motor vehicle if –

(a) the motor vehicle is installed with an interlock that –

(i) was installed in accordance with regulation 26E ; and

(ii) is, at each service, serviced in accordance with regulation 26G ; and

(b) the holder of the interlock licence has a breath, or blood, alcohol concentration of zero while driving the motor vehicle; and

(c) the holder of the interlock licence carries the following documents in the motor vehicle:

(i) evidence that the interlock installed in the motor vehicle has been installed by an approved provider, or that the interlock has been taken under regulation 26O(1)(b) to have been installed by an approved provider;

(ii) evidence of the most recent service of the interlock installed in the motor vehicle;

(iii) any other document specified in this Division, or in the MAIP, as required to be carried in the motor vehicle.

(3)  For the avoidance of doubt –

(a) a failure to comply with this Division is a breach of an I condition; and

(b) the holder of an interlock licence must comply with this Division in respect of each motor vehicle he or she has nominated under regulation 26E(1)(c) .

26C.   Mandatory alcohol interlock program

(1)  The Registrar may approve a program in respect of the administration, procedures and practices for interlocks, approved providers and holders of interlock licences.

(2)  A program approved under subregulation (1) may specify any one or more of the following matters:

(a) any parameters that are necessary for the operation of an interlock under this Division;

(b) any additional installation, service or removal requirements for an interlock that are not otherwise specified in these regulations;

(c) any other requirements in respect of an I condition that are not otherwise specified in these regulations;

(d) any training the holder of an interlock licence is required to complete while holding the interlock licence;

(e) any other matter the Registrar thinks necessary or expedient in relation to the implementation, operation or administration of such a program.

(3)  The Registrar may approve any guidelines, instructions or directions he or she thinks necessary for the implementation, operation or administration of a program approved under subregulation (1) .

26D.   Approved providers

(1)  A person must not install an interlock into a nominated vehicle unless he or she is an approved provider.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A person installing an interlock in a nominated vehicle must only install an interlock that he or she has received from an approved provider.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(3)  A person installing an interlock in a motor vehicle must not install the interlock if he or she suspects, or is aware, that more than one holder of an interlock licence intends to nominate the vehicle.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 100 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(4)  Subregulation (3) does not apply if the interlock being installed is an interlock that identifies multiple users that is being installed in accordance with an approval under regulation 26F .

(5)  A person must not service an interlock unless he or she is an approved provider.

Penalty:  Fine not exceeding 20 penalty units.

(6)  A person must not remove an interlock from a motor vehicle unless he or she is an approved provider.

Penalty:  Fine not exceeding 20 penalty units.

26E.   Installation of interlock

(1)  For the purposes of regulation 26B(2)(a)(i) , an interlock is correctly installed in a motor vehicle if –

(a) the device or system installed in the motor vehicle is an interlock; and

(b) the interlock is installed in the motor vehicle in accordance with this Division and any additional installation requirements specified in the MAIP; and

(c) an applicant for, or the holder of, an interlock licence has nominated the motor vehicle under regulation 26B(1)(a) ; and

(d) any fees payable in respect of the installation and hire of the interlock have been paid.

(2)  Before an interlock is installed in a nominated vehicle, each person who nominated the motor vehicle under regulation 26B(1)(a) must provide to the approved provider responsible for installing the interlock –

(a) any details about the motor vehicle that have been requested by the approved provider; and

(b) his or her unique identifier; and

(c) any other information the approved provider requires for the pre-installation report; and

(d) evidence that each person who has nominated the vehicle has completed any pre-installation training required under the MAIP.

(3)  Before installing an interlock in a motor vehicle, an approved provider must be satisfied –

(a) with the information provided in respect of the motor vehicle under subregulation (2) ; and

(b) that each person who nominated the motor vehicle under regulation 26B(1)(a) has signed a current pre-installation report; and

(c) if the registered operator or owner of the motor vehicle is not a person referred to in paragraph (b) , that written permission from the registered operator, or the owner if there is no registered operator, has been obtained to install the interlock in the motor vehicle; and

(d) that the motor vehicle that is being installed with an interlock is a motor vehicle nominated under regulation 26B(1)(a) by the person referred to in paragraph (b) .

(4)  In this regulation –

pre-installation report means a report, prepared by an approved provider, available free of charge and containing information about –

(a) the complete schedule of fees charged at the time the report is provided in respect of the installation, rental, service and removal of an interlock by the approved provider; and

(b) the installation of the interlock including any anticipated alterations required to the vehicle, or any other processes required to be performed, to ensure the motor vehicle complies with the Vehicle and Traffic (Vehicle Standards) Regulations 2001 after the installation of the interlock.

26F.   Approval to install interlock for multiple users

(1)  This regulation applies to a person who is applying for, or is the holder of, an interlock licence, if –

(a) the person shares a primary residence with another person who is applying for, or holds, an interlock licence; and

(b) each person intends to nominate and drive the same motor vehicle while both hold an interlock licence.

(2)  A person to whom this regulation applies may apply to the Registrar for approval to install an interlock that identifies and differentiates between multiple users, if such a device or system has been approved by the Registrar as an interlock.

(3)  An application under subregulation (2)  –

(a) must be made jointly by each holder of an interlock licence that intends to drive the motor vehicle to be installed with the interlock; and

(b) is to contain such information as the Registrar determines; and

(c) is to be accompanied by the applicable scheduled fee (or fees) payable in respect of the application by each applicant.

(4)  After receiving an application under subregulation (2) , the Registrar may –

(a) approve the application subject to any conditions the Registrar thinks fit; or

(b) refuse the application; or

(c) request further information from the applicants and, after receiving and considering the further information, approve the application under paragraph (a) or refuse the application under paragraph (b) .

(5)  A person to whom this regulation applies must use the technical capabilities of the interlock installed in the nominated motor vehicle to identify himself or herself as the person driving the motor vehicle if an interlock that recognises multiple users is installed.

Penalty:  Fine not exceeding 20 penalty units.

26G.   Service of interlock

(1)  For the purposes of regulation 26B(2)(a)(ii) , an interlock is correctly serviced if each holder of the interlock licence who nominated the motor vehicle that has been installed with the interlock –

(a) takes the motor vehicle, in which the interlock is installed, to a service centre of the approved provider who installed the interlock; and

(b) is present at the service centre while the interlock is serviced; and

(c) performs any necessary action for the service to be completed, including providing a breath sample to validate that the interlock is working correctly; and

(d) complies with these regulations and any additional requirements of the MAIP in respect of the service, including intervals between services, and the payment of any fee payable at the service; and

(e) at the end of the service, signs a copy of the performance report provided, in respect of the service, to the holder of the interlock licence.

(2)  For the avoidance of doubt, if an interlock that identifies multiple users is installed in accordance with an approval under regulation 26F , each holder of an interlock licence that nominated the motor vehicle –

(a) must arrange and attend a service of the interlock in accordance with this Division and the MAIP; and

(b) may arrange for the service to be held at the same time as, or a different time to, another holder of an interlock licence that nominated the vehicle.

(3)  Subregulation (1)(b) does not apply to the holder of an interlock licence if another person –

(a) presents the vehicle, in which the interlock is installed, for service; and

(b) at that time, provides a valid medical certificate in respect of the holder of the interlock licence that specifies that the holder of the interlock licence is unfit to drive or to attend the service.

(4)  Despite subregulation (3) , the holder of an interlock licence must not fail to attend 2 or more consecutive services, whether or not the holder of the interlock licence has a valid medical certificate for each service.

(5)  If the holder of an interlock licence is not present for the service of an interlock in her or her nominated vehicle in accordance with subregulation (3) , the holder of the interlock licence complies with the requirement under subregulation (1)(e) to sign the performance report if, within 7 days after the service to which the performance report relates, the holder of the interlock licence –

(a) signs a copy of the performance report; and

(b) provides the signed copy of the performance report to the approved provider that performed the service.

(6)  A signed copy of a performance report under this regulation –

(a) is, unless otherwise proven, only taken to be evidence that the holder of the interlock licence –

(i) was –

(A) present at the time the interlock was serviced; or

(B) not required to be present at the time the interlock was serviced due to subregulation (3) ; and

(ii) received a copy of the performance report; and

(b) is not evidence that the holder of the interlock licence agrees with or accepts the information contained in the report.

26H.   Monitoring data

(1)  Subject to subregulation (2) , monitoring data that has been downloaded from an interlock is taken to be the monitoring data that relates to the operation of the interlock by the holder of an interlock licence whose unique identifier was provided at the time the interlock was installed.

(2)  If an interlock is installed in accordance with an approval under regulation 26F and monitoring data has been downloaded and identified as being the monitoring data in respect of a specific holder of an interlock licence, that monitoring data so identified is taken to be the monitoring data that relates to the operation of the interlock by that licence holder.

26I.   Eligibility for revocation of I condition

(1)  Despite regulation 24(8) and subject to regulation 26J , the Registrar is only to revoke an I condition from an interlock licence if the Registrar is satisfied that –

(a) the holder of the interlock licence has, while holding the interlock licence, complied with this Division and the MAIP, as applicable; and

(b) if the holder of the interlock licence does not hold a full exemption –

(i) monitoring data for a minimum period of 450 days has been provided to the Registrar in respect of the holder of the interlock licence; and

(ii) in the last 180 consecutive days of the period specified in subparagraph (i) , there have not been any lockouts recorded in the monitoring data provided in respect of those 180 days; and

(c) if the holder of the interlock licence holds a full exemption, he or she has, while holding the interlock licence, completed 730 days without committing an offence under the Road Safety (Alcohol and Drugs) Act 1970 relating to alcohol.

(2)  The Registrar may be satisfied that the holder of an interlock licence has complied with subregulation (1)(b)(ii) if the Registrar is satisfied that there have been no lockouts recorded in the last 180 consecutive days of monitoring data that the Registrar has received in respect of the holder of the interlock licence.

(3)  In this regulation –

full exemption means a certificate of exemption under regulation 26N (3)(a) or (b).

26J.   Restarting of time periods

(1)  The holder of an interlock licence must restart the period specified in regulation 26I(1)(b)(i) or regulation 26I(1)(c) if –

(a) the interlock licence is suspended or cancelled as a consequence of –

(i) an offence under the Road Safety (Alcohol and Drugs) Act 1970 relating to alcohol; or

(ii) an offence in another jurisdiction that substantially corresponds to an offence referred to in subparagraph (i); or

(iii) failing to comply with the I condition on the licence; or

(b) if an interlock is installed in the nominated vehicle of the holder of the interlock licence, the Registrar is satisfied that the interlock installed in the nominated vehicle has been tampered with; or

(c) the Registrar is satisfied that the holder of the interlock licence has committed an offence, or performed an action, that is serious enough for the holder of the interlock licence to restart the relevant period.

(2)  The holder of an interlock licence must restart the 180 consecutive day period specified in regulation 26I(1)(b)(ii) if, during that period –

(a) the interlock licence is suspended or cancelled for a reason other than a reason specified in subregulation (1)(a) ; or

(b) the holder of an interlock licence is found guilty of –

(i) an offence under the Road Safety (Alcohol and Drugs) Act 1970 relating to alcohol; or

(ii) an offence in another jurisdiction that substantially corresponds to an offence referred to in subparagraph (i); or

(iii) failing to comply with the I condition on the licence –

and his or her interlock licence is not suspended or cancelled; or

(c) the interlock licence expires and is not renewed within 14 days of expiry; or

(d) the registration of the nominated vehicle of the holder of the interlock licence is suspended or cancelled and the holder of the interlock licence does not have another nominated vehicle installed with an interlock; or

(e) the registration of the nominated vehicle of the holder of the interlock licence expires and is not renewed within 14 days of expiry and the holder of the interlock licence does not have another nominated vehicle installed with an interlock; or

(f) the nominated vehicle of the holder of the interlock licence is sold, or transferred, and the holder of the interlock licence does not have another nominated vehicle installed with an interlock; or

(g) the interlock installed in the nominated vehicle of the holder of the interlock licence is removed and the holder of the interlock licence does not have another nominated vehicle installed with an interlock; or

(h) the interlock installed in the nominated vehicle of the holder of the interlock licence records a lockout during the period specified in regulation 26I(1)(b)(ii) ; or

(i) the holder of the interlock licence is not present at a service of the interlock during the period specified in regulation 26I(1)(b)(ii) , other than in accordance with regulation 26G(3) ; or

(j) despite regulation 26G(3) , the holder of the interlock licence is not present at 2 or more consecutive services of the interlock during the period specified in regulation 26I(1)(b)(ii) ; or

(k) the Registrar is satisfied that the holder of the interlock licence has committed an offence, or performed an action, that is serious enough to require the holder of the interlock licence to restart the period specified in regulation 26I(1)(b)(ii) .

(3)  If the holder of an interlock licence is required under this regulation to restart a period of monitoring data, the period is taken to restart –

(a) if the holder of the interlock licence does not hold a certificate of exemption under regulation 26N , from the first service after the Registrar is notified of the conviction for the offence, or the commission of the Act, that results in the restart of the period; and

(b) if the holder of the interlock licence holds a certificate of exemption under regulation 26N , from the date specified by the Registrar in writing to the holder of the interlock licence.

26K.   Adjusting of time periods

(1)  The Registrar may determine that a period of monitoring data does not count towards the period specified in regulation 26I(1)(b)(i) in respect of the holder of an interlock licence if –

(a) the interlock licence is suspended or cancelled for a reason other than a reason specified in regulation 26J(1)(a) ; or

(b) the interlock licence expires and is not renewed within 14 days of expiry; or

(c) the registration of the nominated vehicle of the holder of the interlock licence is suspended or cancelled and the holder of the interlock licence does not have another nominated vehicle installed with an interlock; or

(d) the registration of the nominated vehicle of the holder of the interlock licence expires and is not renewed within 14 days of expiry and the holder of the interlock licence does not have another nominated vehicle installed with an interlock; or

(e) the nominated vehicle of the holder of the interlock licence is sold, or transferred, and the holder of the interlock licence does not have another nominated vehicle installed with an interlock; or

(f) the interlock installed in the nominated vehicle of the holder of the interlock licence is removed and the holder of the interlock licence does not have another nominated vehicle installed with an interlock; or

(g) the interlock installed in the nominated vehicle of the holder of the interlock licence records a permanent lockout during the relevant period; or

(h) the monitoring data was collected at a service that was not in accordance with regulation 26G ; or

(i) the holder of the interlock licence is not present at a service of the interlock during the relevant period, other than in accordance with regulation 26G(3) ; or

(j) the holder of the interlock licence has, in the opinion of the Registrar, failed to comply with the MAIP, including failing to comply with the schedule for servicing the interlock; or

(k) the interlock has recorded a lockout and has not been serviced after the lockout; or

(l) despite regulation 26G(3) , the holder of the interlock licence is not present at 2 or more consecutive services of the interlock during the relevant period; or

(m) the Registrar is satisfied that the holder of the interlock licence has committed an offence, or performed an action, that is serious enough that a period of monitoring data should not count towards the relevant period.

(2)  The Registrar may determine that a period of monitoring data does not count towards the period specified in regulation 26I(1)(c) in respect of the holder of an interlock licence if –

(a) the interlock licence is suspended or cancelled for a reason other than a reason specified in regulation 26J(1)(a) ; or

(b) the interlock licence expires and is not renewed within 14 days of expiry.

26L.   Revocation of I condition

(1)  If the Registrar is satisfied that a holder of an interlock licence has successfully completed the period specified in regulation 26I(1)(b)(ii) or regulation 26I(1)(c) , the Registrar is to notify the holder of the interlock licence that he or she is eligible to apply under regulation 24(8) for the I condition to be revoked.

(2)  Nothing in subregulation (1) prevents the Registrar from taking into account –

(a) a lockout recorded in monitoring data received in respect of a holder of an interlock licence after the Registrar has notified that licence holder under subregulation (1) but before the I condition is revoked; or

(b) an offence under the Road Safety (Alcohol and Drugs) Act 1970 relating to alcohol that was committed by, or a conviction was recorded in respect of, the licence holder after the Registrar has notified that licence holder under subregulation (1) but before the I condition is revoked.

(3)  An application for the revocation of an I condition from an interlock licence is to be –

(a) in a form approved by the Registrar; and

(b) accompanied by the applicable scheduled fee (or fees) for the application.

(4)  If the Registrar is not satisfied of the matters contained in regulation 26I , the Registrar is to refuse the application and refund any applicable schedule fee (or fees) paid with the application.

(5)  If an application is refused under subregulation (4) due to the Registrar not being satisfied of all the matters contained in regulation 26I , the Registrar is to notify the applicant under subregulation (1) when the applicant is next eligible under regulation 26I to have the condition revoked.

(6)  Nothing in this regulation, or in regulation 26I , prevents the Registrar from –

(a) requiring further evidence of the matters specified in regulation 26I , or any other matter the Registrar considers relevant in the circumstances, before deciding whether or not to remove the I condition from an interlock licence; or

(b) refusing to remove an I condition from an interlock licence, even if the Registrar is satisfied of the matters specified in regulation 26I , if the Registrar believes it appropriate in the circumstances that the person should continue to hold an interlock licence.

(7)  A decision of the Registrar to refuse an application under this regulation is not an administrative decision for the purposes of the Vehicle and Traffic (Review of Decisions) Regulations 2010 .

26M.   Removal of interlock

(1)  The Registrar may require the holder of an interlock licence to arrange for the removal of an interlock installed in the nominated vehicle of the holder of the interlock licence –

(a) if the person who installed the interlock was not an approved provider; or

(b) if the approved provider who installed the interlock is no longer an approved provider; or

(c) if the device or system installed as an interlock is no longer approved by the Registrar as an interlock; or

(d) in any other circumstances the Registrar thinks necessary.

(2)  Despite subregulation (1) , the holder of an interlock licence may notify the Registrar in writing that he or she intends to have the interlock, that is installed in a nominated vehicle, removed.

(3)  Notification under subregulation (2)  –

(a) is to be in an approved form; and

(b) must be made before the interlock is removed.

(4)  The removal of an interlock in accordance with this regulation does not –

(a) remove any obligation the holder of an interlock licence may have in respect of an I condition, or any other condition, on his or her licence; or

(b) remove the requirement for the holder of an interlock licence to comply with this Division or the MAIP, as required.

26N.   Exemptions from this Division

(1)  The holder of an interlock licence may apply for an exemption from the application of regulation 26B(2)(a) .

(2)  An application under subregulation (1) is –

(a) to be in an approved form; and

(b) to be accompanied by the applicable scheduled fee (or fees) for the application; and

(c) if the exemption is sought under subregulation (3)(a) , to include –

(i) written evidence, to the satisfaction of the Registrar, from a registered medical practitioner that the person seeking the exemption is unable to operate an interlock due to a physical or medical condition suffered by the person; and

(ii) written evidence from an approved provider that it is not possible to modify an interlock to enable the person seeking the exemption to be able to successfully operate the interlock.

(3)  After receiving an application under subregulation (1) , the Registrar may issue a certificate of exemption, subject to any conditions the Registrar thinks fit, to the applicant if –

(a) the Registrar is satisfied that –

(i) the applicant is unable to operate an interlock due to a physical or medical condition suffered by the applicant; and

(ii) it is not reasonable or practicable for an interlock, or another device to measure alcohol consumption, to be modified to enable the applicant to be able to successfully operate the interlock or device; or

(b) the Registrar is satisfied that –

(i) the applicant's principal place of residence is on an island that does not have –

(A) a road connection to the main island of Tasmania; and

(B) a regular ferry service; and

(ii) it is not reasonable or practicable for an interlock, or another device to measure alcohol consumption, to be installed and serviced while the applicant lives on that island; or

(c) the Registrar is satisfied that –

(i) the applicant regularly visits an island that does not have –

(A) a road connection to the main island of Tasmania; and

(B) a regular ferry service; and

(ii) it is not reasonable or practicable for an interlock, or another device to measure alcohol consumption, to be installed and serviced on a motor vehicle used by the applicant while he or she visits that island; or

(d) the Registrar is satisfied that the applicant has –

(i) applied for the I condition to be revoked from the applicant's licence; and

(ii) met the conditions for revoking the I condition; and

(iii) had the interlock removed by an authorised provider.

(4)  A certificate of exemption issued under subregulation (3) (a), (b) or (d) exempts the holder of the certificate from the requirements of regulation 26B and the MAIP, other than regulation 26B(2)(b) , while the holder of the certificate is operating a motor vehicle in accordance with the certificate.

(5)  A certificate of exemption issued under subregulation (3) (c) exempts the holder of the certificate from the requirements of regulation 26B and the MAIP, other than regulation 26B(2)(b) , only while the holder of the certificate is operating a vehicle, in accordance with the certificate, on the island to which the exemption relates.

(6)  The Registrar may cancel a certificate of exemption at any time if the Registrar reasonably believes that the holder of the interlock licence is no longer eligible for the exemption due to a change in the holder of the interlock licence's circumstances since the certificate of exemption was granted.

(7)  The holder of a certificate of exemption must comply with each condition of the certificate of exemption.

Penalty:  Fine not exceeding 20 penalty units.

(8)  The holder of a certificate of exemption must carry the certificate of exemption in a motor vehicle he or she is driving under the authority of his or her interlock licence.

Penalty:  Fine not exceeding 20 penalty units.

(9)  A certificate of exemption issued under subregulation (3) ceases to have effect on whichever of the following occurs first:

(a) the removal of the I condition from the driver licence to which the certificate of exemption relates;

(b) the cancellation, or surrender, of the interlock licence to which the certificate of exemption relates;

(c) the cancellation of the certificate of exemption by the Registrar;

(d) 750 days after the day on which it was issued;

(e) the day specified in the certificate of exemption as the day on which it expires.

26O.   Interstate licences and interlocks

(1)  If the holder of an interstate interlock licence is issued an interlock licence under this Act and has an interstate interlock installed in his or her nominated vehicle, the Registrar may determine that –

(a) the installation of the interstate interlock substantially complies with the installation requirements under regulation 26E ; and

(b) as a result of that substantial compliance, the installation of the interstate interlock is taken to be in accordance with regulation 26E .

(2)  Subregulation (1) does not apply to a device or system that is installed in a motor vehicle under a corresponding law if that device or system is not an interlock for the purposes of these regulations.

(3)  If –

(a) the holder of an interstate interlock licence is issued an interlock licence under this Act; and

(b) that holder of an interstate interlock licence provides the Registrar with relevant interstate monitoring data in respect of the holder of the interstate interlock licence's use of an interstate interlock taken under subregulation (1) to be installed in accordance with regulation 26E ; and

(c) the Registrar is satisfied with the relevant interstate monitoring data –

an amount of that relevant interstate monitoring data, that does not exceed 6 months of relevant interstate monitoring data, is taken to be monitoring data in respect of the period specified in regulation 26I(1)(b)(i) or regulation 26I(1)(c) for the holder of the interstate interlock licence that provided the data.

(4)  In this regulation –

interstate interlock means a system or device that is installed in accordance with a corresponding law and, once installed, only allows the engine of the motor vehicle in which it is installed to be started after the device or system –

(a) analyses a breath sample provided by the intended driver of the motor vehicle; and

(b) detects that the breath sample analysed contains a level of alcohol concentration below the limit set internally within the device or system;

interstate interlock licence means a licence issued under a corresponding law that only authorises the holder of the licence to operate, under that corresponding law, a motor vehicle installed with an interstate interlock;

relevant interstate monitoring data means data that has been recorded by an interstate interlock in accordance with a corresponding law.

26P.   Offences

(1)  A person must not interfere, or cause or permit another person to interfere, with an interlock installed in a motor vehicle.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; or

(b) a subsequent offence, a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, or both.

(2)  A person must not drive a motor vehicle in which an interlock is installed unless he or she is the person who provided a breath sample, or other means of testing alcohol concentration, to the interlock to enable the motor vehicle to be driven.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; or

(b) a subsequent offence, a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, or both.

(3)  A person must not operate an interlock if he or she is not the person who intends to drive the motor vehicle, in which the interlock is installed, once the motor vehicle is able to be driven.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; or

(b) a subsequent offence, a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, or both.

(4)  A person must not drive a motor vehicle with an interlock installed if he or she knows, or reasonably ought to know, that a device or system is installed in the motor vehicle, or a modification is made to the vehicle, that –

(a) interferes, or is intended to interfere, with the operation of the interlock installed in the motor vehicle; or

(b) enables, or is intended to enable, the normal operation of the interlock to be overridden.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; or

(b) a subsequent offence, a fine not exceeding 40 penalty units or imprisonment for a term not exceeding 3 months, or both.

(5)  A person who believes, on reasonable grounds, that an interlock is not operating correctly must notify the approved provider of the interlock of the defect within 24 hours of forming the belief.

Penalty:  Fine not exceeding 20 penalty units.

(6)  The holder of an interlock licence must not permit a person to remove an interlock from the authorised vehicle of the holder of the interlock licence, unless the person is an approved provider.

Penalty:  Fine not exceeding 20 penalty units.

(7)  An interlock is taken to be operating correctly at the time a record is made –

(a) unless the approved provider of the device has been notified under subregulation (5) ; or

(b) unless proven otherwise.

10.    Regulation 32 amended (Variation, suspension or cancellation of driver licence)

Regulation 32 of the Principal Regulations is amended as follows:

(a) by inserting the following paragraph after paragraph (a) in subregulation (1) :

(ab) the person has failed to comply with regulation 26B , 26C , 49 or 50 if required to do so; or

(b) by inserting the following subregulation after subregulation (4) :

(5)  The following decisions are not administrative decisions for the purposes of the Vehicle and Traffic (Review of Decisions) Regulations 2010 :

(a) a decision to vary, suspend or cancel a driver licence under subregulation (1)(ab) ;

(b) a decision to vary a driver licence by imposing an I condition on the licence.

11.    Regulation 33 amended (Procedures for variation, suspension or cancellation of driver licence)

Regulation 33 of the Principal Regulations is amended by inserting after subregulation (1) the following subregulation:

(1A)  Despite subregulation (1) , if a written notice under that subregulation relates to a decision of the Registrar that is not, by virtue of regulation 32(5) , an administrative decision for the purposes of the Vehicle and Traffic (Review of Decisions) Regulations 2010 , the Registrar –

(a) is not required to give written notice of the reasons for the variation, suspension or cancellation under subregulation (1)(b) ; but

(b) must state in the written notice that the decision of the Registrar is not an administrative decision for the purposes of those regulations in addition to the other matters specified in subregulation (1) .

12.    Schedule 1 amended (Fees)

Schedule 1 to the Principal Regulations is amended by inserting after item 5 the following items:

5A.

Application for the issue of an interlock licence –

DLVR 20(1)(f)

(a) in the case of a pensioner

23

(b) in the case of any other person

35

5B.

Application to install an interlock that identifies and differentiates between multiple users –

DLVR 26F(3)

(a) in the case of a pensioner

23 (per pensioner applicant)

(b) in the case of any other person

35 (per other applicant)

5C.

Application to revoke an I condition from a driver licence –

DLVR 26L(3)

(a) in the case of a pensioner

23

(b) in the case of any other person

35

5D.

Application for exemption from installing interlock –

DLVR 26N(2)

(a) in the case of a pensioner

23

(b) in the case of any other person

35

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 June 2013

These regulations are administered in the Department of Infrastructure, Energy and Resources.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2010 by specifying –

(a) the circumstances in which the Registrar is to require the holder of a licence to only operate a vehicle with an alcohol interlock device installed; and

(b) the obligations on certain persons under the mandatory alcohol interlock program; and

(c) certain fees payable in respect of the mandatory alcohol interlock program.