Transcription
AlcoholInterlockProgramParticipant GuideRoads and Maritime Services December 2018
The aim of the interlockprogram is to reduce drinkdriving related deaths andinjuries on NSW roads.This guide includes images of different interlock devices. Their appearance varies between devices
Overview.3Aim of the interlock program. 3What the Court will order. 3Your responsibilities. 3Costs. 4The Alcohol Interlock Program. 4The courts and the alcohol interlock program.4Getting your interlock licence.4Driving with your interlock.6Offences during the program.8Compliance and monitoring.8Completing the alcohol interlock program.9Financial assistance.10Concession rate for interlock services . 10Severe financial hardship assistance. 10Moving to another State or Territory while on the NSW interlock program.11Moving to NSW from another State or Territory with an interlock licence.11More information. 11Appendix 1: How the program operates. 12Alcohol Interlock Program Participant Guides 1
The Alcohol Interlock Program isa court‑ordered penalty for NSWdrivers who commit a middle range,high range, repeat or other seriousdrink driving offence. The alcoholinterlock program is another steptoward reducing drink drivingon NSW roads.If you are ordered by the Court to participate inthe program, you will receive a period of driverlicence disqualification and be required to have analcohol interlock device installed in your vehicle fora minimum of 12 months. This is in addition to anyother penalty ordered by the Court.If you fail to complete the requirements of thecourt order, you will be disqualified from holding adriver licence for at least five years.What is an interlock?Interlocks are electronic breath testingdevices linked to the ignition system ofcars, motorcycles and heavy vehicles.Drivers must provide a breath sample thatthe interlock analyses for the presenceof alcohol. It prevents the vehicle fromstarting if alcohol is detected. Randomlytimed breath tests must also be passedwhile you drive. A camera is also typicallyinstalled with the interlock and takes aphotograph of the person providing thebreath sample to reduce the risk of adriver trying to circumvent the program.All breath test results, a photograph ofthe person providing the sample, and anyattempts to tamper with the device arerecorded by the interlock. This informationis used to monitor attempts to drinkand drive, and any breach of interlocklicence conditions.In NSW, all program participants musthave a zero blood alcohol concentrationwhen driving. This means that theycannot have any alcohol in their systemwhile driving.2 Roads and Maritime Services
OverviewAim of the interlock programThe aim of the interlock program is to reduce drinkdriving related deaths and injuries on NSW roads.Your involvement in the interlock program comeswith significant responsibilities. Failure to complywith your interlock licence conditions can result inserious consequences, including fines, extensionsto your interlock licence period, licence suspensionand licence cancellation.The program is designed to help drink driversseparate drinking and driving. It does this bykeeping offenders in the licensing system ona closely monitored basis, with the interlockphysically preventing drink driving.Your interlock licence conditions arethat you:A participant’s breath test results are recordedby the interlock and monitored by Roads andMaritime during the interlock period. This is soRoads and Maritime can be confident that aparticipant has learnt to separate drinking fromdriving, and can safely drive without the need foran interlock.2. Only drive a vehicle which is fitted withan interlockWhat the Court will orderIf you have been convicted of a middle range,high range, repeat or other serious drink drivingoffence, the Court will order you to complete: A licence disqualification period, and A minimum period of participation in theinterlock program.This is in addition to any other penalty that theCourt may impose, such as a fine or jail term.The Court may grant an exemption fromparticipating in the interlock program, but only inlimited circumstances.1. Only drive with a zero bloodalcohol concentration3. Ensure that an interlock is installed in atleast one vehicle4. Only drive the vehicle if you havepersonally provided the breath samplerequired by the interlock5. Attend all medical consultations requiredunder the program6. Ensure that your interlock is servicedwhen required under the program7. Do not drive any motor vehicle if youknow that the interlock is not workingproperly, or has been circumvented orinterfered with8. Do not drive a vehicle which is loadedwith dangerous goods that mustbe placarded under the DangerousGoods (Road and Rail Transport)Regulation 2014.For examples of how the program operates seeAppendix 1.If you meet these conditions, the interlockprogram gives you the opportunity to:Your responsibilities Drive your vehicle legally Learn to separate drinking from drivingPlease read the information in this Guideto ensure that you fully understand theprogram and your obligations. If you haveany questions, please contact ServiceNSW on 13 77 88 or discuss it with yourlegal representative. Discuss your alcohol use with a doctor Access employment, health, education orother services Provide transport for your familyand friends.Alcohol Interlock Program Participant Guides 3
You are also required to comply with all otherconditions or restrictions that may apply toyour licence.For example, if you have a provisional licence, youneed to comply with passenger conditions, arenot allowed to drive prohibited, high performancevehicles and must display your ‘P’ plates.More information about your licence can be foundon the Roads and Maritime Services website.CostsThe interlock program operates on a user paysbasis. You are required to pay all costs of beinginvolved in the program. This includes costs toaccredited interlock service providers for installing,maintaining and removing the interlock for eachvehicle you intend to drive. You are also requiredto pay a program administration fee to Roadsand Maritime when you apply for an interlocklicence. Visit rms.nsw.gov.au/interlock for moreinformation on interlock service providers andprogram costs.Concession rates are available to eligibleconcession card holders (see Financial assistanceon page 9).The Alcohol InterlockProgramThe courts and the alcoholinterlock programWhen you are convicted of a middle range,high range, repeat or other serious drink drivingoffence, the Court will order a period of driverlicence disqualification as part of your penalty.The Court will also order you to complete aperiod of participation in the interlock program.The minimum length of your involvement inthe program will be 12 months. The licencedisqualification period, and any other existingdisqualifications, must be completed before youcan enter the interlock program.These penalties will be in addition to any otherpenalty imposed by the Court.4 Roads and Maritime ServicesGetting your interlock licenceInterlock licences are available for drivers,motorcycle riders and heavy vehicle drivers.You need to: Complete your disqualification period Visit your doctor Install an interlock in your vehicle.Once you have done this, you need to apply foryour interlock licence at a Service NSW centre.Interlock licences can take longer to issue than anormal licence.You may not be eligible to apply for aninterlock licence if you have any othercourt imposed licence disqualifications,outstanding demerit points, or excessivespeed matters or if you have unpaidfines with Revenue NSW. If you areunsure about your eligibility for aninterlock licence, contact Service NSWon 13 77 88.Steps you need to completebefore you can apply for yourinterlock licencea. See your doctor and get your MedicalConsultation Certificateb. I nstall your interlock and get yourInterlock Installation Certificatec. S ign your Driver Licence Statement andPrivacy Declaration.d. Apply for your licenceThese steps are explained below.
a. See your doctor and get your MedicalConsultation CertificateBefore you can apply for an interlock licence, youmust first visit your doctor. You must see yourdoctor in the 28 days before you intend to applyfor an interlock licence.Your doctor will ask you questions about youralcohol consumption and discuss any issues orconcerns. This is an opportunity to talk about youralcohol use, health and driving. Your doctor mayalso refer you for further treatment.During the consultation, you must completeand sign the Medical Consultation Certificate –Entry into the Alcohol Interlock Program withyour doctor. You will need to take this (and theother forms below) to a Service NSW centre oryour registry when you apply for your interlockdriver licence.b. Install your interlock and get your InterlockInstallation CertificateYou must have an interlock installed in at least onenominated vehicle before you will be issued withan interlock licence.c. Driver Licence Statement andPrivacy DeclarationYou will be required to acknowledge and agree toall the conditions of the interlock program beforeyou will be issued with an interlock licence.By signing the Interlock Driver Licence Statementand Privacy Declaration you confirm that youunderstand the conditions of your involvement inthe interlock program and how your data is usedand stored.Contact Service NSW on 13 77 88 if youhave any questions on the program.Only an accredited interlock service provider canfit an interlock to your vehicle. A list of accreditedinterlock service providers can be found atrms.nsw.gov.au/interlock or by contactingService NSW on 13 77 88.The provider will train you and give you aninstruction booklet on how to use your interlock. Ifother people will use your interlock-fitted vehicle,they should also be trained. This is becausewhenever they drive the vehicle, they will needto know how to use the interlock correctly. Alldata received from other drivers will be recordedagainst your interlock records.Your provider will also place a label on yourinterlock stating that it is a NSW approvedinterlock device. It is an offence for you oranyone other than an accredited interlock serviceprovider to affix, replace or remove this label.After your interlock is installed, ensure thatyour provider signs the Interlock InstallationCertificate. You must take this, along with yourother forms, to Service NSW when you apply foran interlock driver licence.d. Applying for your interlock licence C hecklist: Have you got these signedand completed forms? 1. Medical Consultation Certificate– Entry into the Alcohol InterlockProgram, signed by your doctor 2. I nterlock Installation Certificate,signed by your interlock provider 3. I nterlock Driver Licence Statementand Privacy Declaration, signedby you.Alcohol Interlock Program Participant Guides 5
You can apply for your interlock licence at aService NSW centre.You will also be required to complete the usualrequirements for a licence application, including: The standard licence application form Completing any knowledge, driving or othertest, if required. Roads and Maritime will adviseyou in writing of any tests you are requiredto complete.You will be required to pay all associated costs,including the standard licence fee and an interlockadministration fee. For further informationon current licensing fees and the interlockadministration fee, visit rms.nsw.gov.au.Your interlock licence will have the letter “l” onthe front, indicating that the licence is subject tointerlock conditions.Driving with your interlockBefore starting the vehicle, you must blow into thedevice. Your breath sample is analysed for alcoholand a photograph taken before your vehiclewill start.It is your responsibility to ensure that you maintaina zero blood alcohol concentration when youdrive. If you are detected by NSW Police with anyamount of alcohol in your system, you may becharged with a drink driving offence.The safest way to ensure that yourblood alcohol concentration is zero is tonot drink at all when you intend to drive,and to also strictly limit your drinks in theevening if you intend to drive the nextmorning. It can take several hours foralcohol to completely leave your bodyafter drinking. The more you drink, thelonger it will take for your blood alcoholconcentration to return to zero.To ensure you remain with a zero blood alcoholconcentration throughout a journey, the interlockalso requires additional breath samples while youdrive. When prompted, you should pull over in asafe location to take the test.All test results and photographs are recorded byyour interlock, including the test taken when youtry to start your vehicle, and those taken duringyour journey.The back of your interlock licence will state thatinterlock conditions apply.XXX6 Roads and Maritime Services
Alcohol Interlock Program Participant Guides 7
Other offences committed during yourinterlock periodIf you fail a breath test at any time, the device willdisplay a lockout time (for example, 5 minutes or30 minutes) which varies depending on your bloodalcohol concentration. This shows how long youmust wait before the next test can be taken. If youknow you have been drinking, you may choose towait longer before trying again.If you are locked out a number of times, you maytrigger an early service alert. This means youmust have the device serviced by your provider atadditional cost to you.Offences during the programAt all times while you are on the interlock program,you must meet your interlock licence conditions(see page 3). Not doing so could result in fines,extensions to your interlock licence period andlicence disqualification.In addition to your interlock licence conditions,there are also other offences which can result infines and penalties: It is an offence for anyone other than anaccredited interlock service provider or theiragent to:–– install, maintain or remove an interlock–– label, or remove the label from, an interlock It is an offence for anyone to tamper with orotherwise interfere with an interlock It is an offence for you to refuse to allow apolice officer to inspect an interlock It is an offence for another person to assist youto start a vehicle with an interlock (for example,by providing a breath sample to start thevehicle for you).Any period for which your interlocklicence is suspended or cancelled (forexample, a demerit point suspension)will not count towards completing theinterlock period ordered by the Court.This means extending your time on theinterlock program.If your interlock licence has beencancelled and you have not completedyour interlock period, you will remainprohibited from holding anything otherthan an interlock licence or learner licenceuntil at least five years have passed sinceyour original conviction. You will beeligible to rejoin the interlock programif you reinstall an interlock.Compliance and monitoringYou must ensure that your interlock is regularlyserviced in line with the requirements of theinterlock program.Your interlock service provider will advise youwhen your interlock is scheduled for a service.These visits may be scheduled every 60 days, orevery 90 days if you live in an area remote froma provider.All interlocks have a countdown to alert you towhen you must attend the service. If you do notservice your vehicle within seven days of its duedate, the interlock will enter a permanent lockout.This means you will have to contact your provider,and possibly incur additional costs.If you do not register failed breath tests, yourservice visits may be extended to 90 days. This willreduce the time you spend attending service visits.The device will be maintained and inspectedduring the service. All data stored in it will bedownloaded and sent to Roads and Maritimefor monitoring. Any data of other drivers will berecorded against your interlock data.A physical check will also be made of the interlockdevice and its labelling during the service to ensurethe device has not been tampered with.8 Roads and Maritime Services
If you have registered failed breath tests duringyour time on the program, you will receiveadvisory letters and/or health referrals from Roadsand Maritime. If you receive one of these letters,you are strongly encouraged to visit your doctor todiscuss your use of alcohol and separating drinkingfrom driving. This is another opportunity to talkabout your alcohol use, health and driving.Completing the alcohol interlock programIn the last six months of your interlockperiod, you must demonstrate that youcan separate drinking and driving beforeyou will be eligible to hold a licencewithout an interlock condition.Failed breath tests (even at low range) can resultin Roads and Maritime determining that you needto undergo an Interlock Medical Examination (IME)with a doctor before your interlock condition canbe removed. This examination is conducted inaccordance with the Austroads Assessing Fitnessto Drive guidelines.Based on the outcome of this examination andthe review of your interlock data, Roads andMaritime can extend your interlock period fora further six months. At the end of this period,you will need to undertake another mandatoryinterlock examination before you can completethe program.Roads and Maritime will advise you when yourinterlock participation period has been completed.When you successfully complete the program, youwill need to visit a Service NSW centre to obtaina driver licence that does not carry the interlockcondition. You can then organise for your interlockservice provider to remove the interlock fromyour vehicle.If you have questions about completingthe interlock program, contact ServiceNSW on 13 77 88.Alcohol Interlock Program Participant Guides 9
Financial assistanceConcession rate for interlock servicesInterlock service providers offer a concession rateof 35 per cent off the standard cost of installing,leasing, scheduled servicing and device removal ifyou hold a:1. Pensioner Concession Card – Full rate pensionrecipients only2. Health Care Card – Low income only3. Department of Veterans Affairs Gold Cardendorsed as: TPI (totally and permanently incapacitated) EDA (extreme disablement adjustment) War widow or war widower.Ask your interlock provider about concessionsthat may be available if you think you might beeligible. Provide evidence of your concessionentitlement when you enter your agreement withyour interlock provider when the device is installed.The provider may need to verify with Centrelink orDepartment of Veterans Affairs your eligibility fora concession.You need to provide evidence of your entitlementto a concession on an ongoing basis. If youcannot prove that you continue to qualify forthe concession, the provider may charge thestandard fee.10 Roads and Maritime ServicesSevere financial hardship assistanceShort-term financial assistance may be availablefrom Roads and Maritime for participants in severefinancial hardship. This assistance can range frompartial assistance to the full amount owing to aninterlock service provider.Assistance is available only upon application byparticipants. Assistance is for periods of threemonths at a time.Roads and Maritime will refer you to an assessmentagency that will assess your financial situation andyour eligibility for assistance. Roads and Maritimewill advise you in writing about the outcome ofyour application.Financial assistance goes towards coveringstandard interlock program fees for installation,servicing and removal. Assistance is paid directlyto the interlock service provider.Financial assistance is not available for: Extra service visits arising from anynon‑compliance with the program Removal of the device if you choose toleave the program before completing yourinterlock period.For more information on applying forsevere financial hardship assistance,contact Service NSW on 13 77 88.
Moving interstate while onthe NSW interlock programMoving to another State or Territory whileon the NSW interlock programIf you decide to move to another State or Territorywhile you are on the NSW Alcohol InterlockProgram, you will be effectively withdrawingfrom the NSW program and your licence will bedisqualified. Should you return to NSW, you will beable to complete the remainder of your program.More informationMore information about your participation in theinterlock program can be found on the Roads andMaritime website at rms.nsw.gov.au/interlock.Service NSW centres will also be able to help.Due to different State and Territory requirements,you may not be able to get a licence in anotherState or Territory if you have not completed yourinterlock period. You will need to discuss youroptions with the licensing authority of the State orTerritory to which you are moving.Moving to NSW from another State orTerritory with an interlock licenceIf you hold an interlock licence from another Stateor Territory and move to NSW, you can enter theNSW Alcohol Interlock Program.You can also enter the NSW program if you havebeen ordered to enter an interlock program inanother State or Territory but haven’t yet done so.If you wish to do this, you shouldcontact Service NSW on 13 77 88to discuss your situation.Alcohol Interlock Program Participant Guides 11
Appendix 1: How the program operatesExample 1: Interlock orderSentenced:interlockorder Serve licencedisqualification Apply forinterlocklicence performancerequirements) Licencewithout aninterlockconditionissued byRoads andMaritime.Receiveinterlockexemptionorder: seeExample 2ExampleOffence with a minimum 6 month and maximum 9 month disqualification and a minimum interlock periodof 24 months.Interlock period: 24 months(including performance requirementsin the last six months)Licence disqualificationperiod: six monthsNote: If you do not complete your interlock period, you may be disqualified from holding a licence other than an interlock licence for at least 5 yearsfrom the date of your conviction.Example 2: Interlock exemption orderConviction Receive interlockexemption order LicencedisqualifiedComplete licencedisqualification Apply forunrestricted licence Roads and Maritimeissue licence withoutan interlock condition. Complete SoberDriver Program whiledisqualifiedExampleOffence with a minimum 12 month and maximum unlimited licence disqualification.Exemption order12 Roads and Maritime ServicesLicence disqualification period: 3 yearsplus required to complete the Sober Driver Programwhile disqualified
rms.nsw.gov.au13 77 88 Customer feedbackRoads and MaritimeLocked Bag 928,North Sydney NSW 2059The information in this document is intended as a guide only and is subject tochange at any time without notice. It does not replace the relevant legislation.December 2018
with your interlock licence conditions can result in serious consequences, including fines, extensions to your interlock licence period, licence suspension and licence cancellation. Your interlock licence conditions are that you: 1. Only drive with a zero blood alcohol concentration 2. Only drive a vehicle which is fitted with an interlock 3.
