South Australian Consolidated Acts South Australian Consolidated ActsSchedule 6—Transitional voluntary alcohol interlock scheme
1—Interpretation
In this Schedule—
disqualification means disqualification from holding or obtaining a licence;
relevant drink driving offence means—
(a) an
offence against section 47(1) of the Road Traffic Act 1961 involving
driving a motor vehicle, or attempting to put a motor vehicle in motion, while
so much under the influence of intoxicating liquor as to be incapable of
exercising effective control of the vehicle; or
(b) an
offence against section 47B(1), 47E(3) or 47I(14) of the Road Traffic
Act 1961 ;
required period —see clause 4;
voluntary alcohol interlock scheme conditions means the conditions referred to
in clause 5.
2—Voluntary alcohol interlock scheme conditions to continue to apply to
certain licences issued before commencement of Schedule
If a licence in force under this Act on the commencement of this Schedule is
subject to the voluntary alcohol interlock scheme conditions, those conditions
continue to be effective after that commencement for the balance of the
required period unexpired on the commencement of this Schedule.
3—Voluntary alcohol interlock scheme conditions to apply to certain
licences issued on or after commencement of Schedule
(i)
before the commencement of this Schedule, a person who
expiates a relevant drink driving offence to which section 81C applies is
given a notice of disqualification under that section stating that, despite
the disqualification imposed for that offence, the person will, on application
made to the Registrar at any time after the half-way point in the period of
disqualification, be entitled to be issued with a licence subject to the
alcohol interlock scheme conditions; or
(ii)
before the commencement of this Schedule, a person who is
convicted of a relevant drink driving offence is disqualified by order of a
court and the court also makes an order against the person under section 50 of
the Road Traffic Act 1961 to the effect that, despite the
disqualification imposed for that offence, the person will, on application
made to the Registrar at any time after the half-way point in the period of
disqualification, be entitled to be issued with a licence that is subject to
the alcohol interlock scheme conditions; or
(iii)
before the commencement of this Schedule, a person
allegedly commits a relevant drink driving offence to which section 81C
applies and, after the commencement of this Schedule, the person expiates the
alleged offence and in consequence of that expiation is disqualified under
that section for a period of at least 6 months; or
(iv)
before the commencement of this Schedule, a person
commits a relevant drink driving offence and in consequence of the commission
of that offence, the person is, after the commencement of this Schedule and
while the holder of a licence, convicted of the offence and disqualified for a
period of at least 6 months; and
(b)
after the half-way point in the period of disqualification and within the
period of 5 years after the commencement of this Schedule, the person applies
for a licence subject to the alcohol interlock scheme conditions; and
(c) the
person meets the requirements of this Act for the issue of the licence; and
(d) no
disqualification (other than the disqualification for the offence referred to
in paragraph (a)) is in force at the date of the application or will
commence at a later date,
the person is entitled to be issued a licence subject to the voluntary
alcohol interlock scheme conditions for the required period (in addition to
any other conditions otherwise required).
(2) A disqualification
referred to in subclause (1)(a) ends if the person is issued with a
licence subject to the voluntary alcohol interlock scheme conditions.
4—Period for which licence is required to be subject to
voluntary alcohol interlock scheme conditions
The required period for which a licence is subject to the voluntary alcohol
interlock scheme conditions is a number of days equal to twice the number of
days remaining in the period of the person's disqualification for the relevant
drink driving offence immediately before the issuing of the licence.
5—Voluntary alcohol interlock scheme conditions
(1) The
voluntary alcohol interlock scheme conditions to which a licence is subject
are as follows:
(a) a
condition that the person must not drive a motor vehicle on a road other than
a motor vehicle that the person has nominated to the Registrar in accordance
with this clause;
(b) a
condition that the person must not drive the nominated vehicle on a road
unless it is fitted with a properly functioning alcohol interlock that has
been installed by an approved alcohol interlock provider;
(c) a
condition that the nominated vehicle must only be operated in accordance with
instructions published by the Minister by notice in the Gazette;
(d) a
condition that the person must not interfere with the alcohol interlock, or
cause or permit the alcohol interlock to be interfered with;
(e) a
condition that the person must, when driving the nominated vehicle on a road,
carry in the vehicle a certificate, in a form approved by the Minister, issued
by an approved alcohol interlock provider certifying that the
alcohol interlock fitted to the vehicle was properly functioning when the
vehicle was last examined by the provider;
(f) a
condition that the person must, if required to do so by a police officer or an
authorised officer when the vehicle is in the person's charge on a road,
produce the certificate for inspection by the officer;
(g) a
condition that the person must produce the nominated vehicle for examination
by an approved alcohol interlock provider at times and places from time to
time fixed by the Registrar by written notice served on the person personally
or by post;
(h) a
condition that the person must comply with any requirements as to counselling
prescribed by the regulations;
(i)
a condition that the person must comply with any other
requirements prescribed by the regulations.
(2) A vehicle must be
nominated by the person in the person's application for the licence, or by
written notice to the Registrar, by specifying the vehicle's registration
number and any other details required by the Registrar.
(3) Nomination of a
vehicle by the person is of no effect if the vehicle is a nominated vehicle
for any other person.
(4) A vehicle ceases
to be a nominated vehicle for the person if the nomination is withdrawn by the
person or, if the person is not the registered owner of the vehicle, by the
registered owner, by written notice to the Registrar.
(5) In this
clause—
authorised officer does not include—
(a) an
authorised person as defined in the Local Government Act 1999 ; or
(b) any
other person who is not an employee in the public service.
6—Cessation of licence subject to voluntary alcohol interlock scheme
conditions
If a person—
(a)
voluntarily surrenders a licence subject to the voluntary alcohol
interlock scheme conditions; or
(b)
ceases to hold such a licence for another reason (other than cancellation of
the licence in consequence of the person being convicted of a
serious drink driving offence),
before the conditions have applied in relation to the person for the required
period, the person is, from the day on which the person surrenders or ceases
to hold the licence, disqualified from holding or obtaining a licence or
learner's permit for a period equal to the number of days remaining in the
period of the person's disqualification for the relevant drink driving offence
immediately before the issuing of the licence.
7—Contravention of voluntary alcohol interlock scheme conditions
(1) The holder of a
licence subject to the voluntary alcohol interlock scheme conditions must not
contravene any of the conditions.
Maximum penalty: $1 250.
(2) A person must not
assist the holder of a licence subject to the
voluntary alcohol interlock scheme conditions to operate a motor vehicle, or
interfere with an alcohol interlock, in contravention of any of the
conditions.
Maximum penalty: $1 250.
(3) A court convicting
a person of an offence against subclause (2) may order that the person be
disqualified from holding or obtaining a licence or learner's permit for a
period not exceeding 6 months.
(4) A disqualification
under subclause (3) operates to cancel the person's licence as from the
commencement of the period of disqualification.
(5) In proceedings for
an offence against this clause, an apparently genuine document purporting to
be a certificate signed by the Registrar certifying that—
(a) a
specified motor vehicle was or was not, or no vehicle was, at a specified
time, a nominated vehicle for a specified person; or
(b) a
written notice was served on a specified person fixing specified times and
places at which a specified motor vehicle must be produced for examination by
an approved alcohol interlock provider,
will be accepted as proof of the matters stated in the certificate in the
absence of proof to the contrary.
(6) In proceedings for
an offence against this clause, an apparently genuine document purporting to
be a certificate signed by the Registrar certifying that an alcohol interlock
fitted to a specified motor vehicle recorded electronically that the vehicle
was operated at a specified time in contravention of an instruction published
by the Minister by notice in the Gazette will be accepted as proof that the
vehicle was operated at that time in contravention of that instruction in the
absence of proof to the contrary.
(7) Subclause (6) does
not apply unless it is proved that the alcohol interlock fitted to the vehicle
was tested by an approved alcohol interlock provider (or an employee of an
approved alcohol interlock provider) not more than the prescribed number of
days before and not more than the prescribed number of days after the time of
the vehicle's operation specified in the certificate and found on each
occasion to be properly functioning.
(8) In proceedings for
an offence against this clause, an apparently genuine document purporting to
be a certificate signed by an approved alcohol interlock provider (or an
employee of an approved alcohol interlock provider) certifying that an
alcohol interlock fitted to a specified motor vehicle was tested by that
person on a specified day and found to be properly functioning will be
accepted as proof of the matters stated in the certificate in the absence of
proof to the contrary.
(9) In proceedings for
an offence against this clause, if it is proved that—
(a) a
specified motor vehicle was operated at a specified time in contravention of
an instruction published by the Minister by notice in the Gazette; and
(b) the
vehicle was a nominated vehicle for a specified person at that time,
it will be presumed, in the absence of proof to the contrary, that the vehicle
was so operated by that person at that time.
(10) In proceedings
for an offence against this clause, an apparently genuine document purporting
to be a certificate signed by the Registrar certifying that—
(a) a
specified motor vehicle was not produced for examination by an
approved alcohol interlock provider at a specified time and place; or
(b) a
specified person did not attend for counselling at a specified time and place,
will be accepted as proof of the matters stated in the certificate in the
absence of proof to the contrary.
8—Financial assistance for use of alcohol interlocks
(1) The scheme
established under section 53AA(1) of the Road Traffic Act 1961 continues
in existence after the repeal of that section to enable persons entitled to
the issue of a licence subject to the voluntary
alcohol interlock scheme conditions to obtain loans or other assistance
(subject to a means test and conditions determined by the Minister) for the
purpose of gaining the use of alcohol interlocks.
(2) The Minister may
issue a certificate signed by the Minister certifying that a default has
occurred in payment of an amount payable by a person in accordance with
conditions applying to a loan or other assistance provided to the person under
the scheme and that an amount stated in the certificate is owing by that
person.
(3) In any legal
proceedings, an apparently genuine document purporting to be a certificate
under subclause (2) will be accepted as proof of the matters stated in
the certificate in the absence of proof to the contrary.
(1) The holder of a
licence subject to the voluntary alcohol interlock scheme conditions is liable
to pay the fees prescribed by regulation.
(2) Subclause (1)
applies in relation to a licence whether issued before or after the
commencement of this Schedule.