Road Safety (Drivers) Amendment (Alcohol Interlocks) Regulations 2019 (Vic)

Road Safety (Drivers) Amendment (Alcohol Interlocks) Regulations 2019

S.R. No. 120/2019

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Prescribed alcohol interlock usage data requirements

7Regulation 35 substituted

8Notice to be given to other jurisdictions

9Other grounds for variation, suspension or cancellation of driver licence or learner permit

10Definition for Division 2 of Part 5

11Schedule 7—Search and extract fees

═════════════

Endnotes

STATUTORY RULES 2019

S.R. No. 120/2019

Road Safety Act 1986

Road Safety (Drivers) Amendment (Alcohol Interlocks) Regulations 2019

The Governor in Council makes the following Regulations:

Dated: 26 November 2019

Responsible Minister:

JAALA PULFORD
Minister for Road Safety and the TAC

ANDREW ROBINSON

Acting Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 2019—

(a)to make changes arising as a consequence of the enactment of the Transport Legislation Amendment (Better Roads Victoria and Other Amendments) Act 2019; and

(b)to provide for the suspension or cancellation of a driver licence or learner permit if a person has not met the requirements in relation to an approved alcohol interlock; and

(c)to make other minor amendments.

2Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3Commencement

These Regulations come into operation on 1 December 2019.

4Principal Regulations

In these Regulations, the Road Safety (Drivers) Regulations 2019[1] are called the Principal Regulations.

5Definitions

In regulation 5(1) of the Principal Regulations insert the following definitions—

"alcohol assessment tool means a tool used to determine usage of alcohol by a person who has made an application under section 50AAAE of the Act;

approved alcohol and other drugs professional means a person approved by VicRoads under section 58J of the Act to provide a behaviour change program in relation to alcohol and other drugs;".

6Prescribed alcohol interlock usage data requirements

Regulation 32(2)(b) and (c)(i) of the Principal Regulations are revoked.

7Regulation 35 substituted

For regulation 35 of the Principal Regulations substitute—

"35   Application to avoid imposition of alcohol interlock condition

(1)For the purposes of section 50AAAE(4)(a) of the Act, an application must—

(a)be in a form approved by VicRoads; and

(b)include the applicant's personal particulars.

(2)For the purposes of section 50AAAE(4)(b) of the Act, an application must be supported by an alcohol usage report that complies with subregulation (3).

(3)For the purposes of subregulation (2), an alcohol usage report must—

(a)be prepared by an approved alcohol and other drugs professional; and

(b)be prepared no earlier than 28 days before the application is made; and

(c)include—

(i)a description of the applicant's usage of alcohol (if any) for the period of at least 12 months immediately prior to the preparation of the report; and

(ii)the results of an alcohol assessment tool completed by an approved alcohol and other drugs professional; and

(iii)an assessment as to whether, in the opinion of the alcohol and other drugs professional, the applicant is or is not—

(A)engaging in hazardous or harmful alcohol use; or

(B)dependent on alcohol.

35AApplication for exemption from prescribed alcohol interlock usage data requirements

For the purposes of section 103ZM(6) of the Act, an application must be made to VicRoads in a form approved by VicRoads.".

8Notice to be given to other jurisdictions

In regulation 76 of the Principal Regulations, for "Schedule 3" (where first occurring) substitute "Schedule 4".

9Other grounds for variation, suspension or cancellation of driver licence or learner permit

After regulation 81(1)(f) of the Principal Regulations insert—

"(fa)the person's licence or permit is subject to an alcohol interlock condition and the person has—

(i)failed to provide a certificate to VicRoads in accordance with section 23B of the Act certifying that, at the person's request, an approved alcohol interlock supplier has installed an approved alcohol interlock; or

(ii)failed to take any action reasonably necessary and available to the person to ensure that an approved alcohol interlock previously installed is maintained by an approved alcohol interlock supplier or a person or body authorised by the supplier for that purpose; or

(iii)removed or disengaged an approved alcohol interlock; or".

10Definition for Division 2 of Part 5

In regulation 91 of the Principal Regulations—

(a)in paragraph (i) of the definition of relevant decision, for "regulation 89." substitute "regulation 89; or";

(b)after paragraph (i) of the definition of relevant decision insert—

"(j)a decision by VicRoads under section 50AAAE of the Act not to exempt a person from the requirement that a driver licence or learner permit granted to the person must be subject to an alcohol interlock condition; or

(k)a decision by VicRoads under section 103ZM(6) of the Act not to exempt a person to whom section 103ZM(5) of the Act applies from the alcohol interlock usage data requirements prescribed for the purposes of section 103ZM(5)(a) of the Act.".

11Schedule 7—Search and extract fees

In items 1 and 2 of Schedule 7 to the Principal Regulations, for "$9.50" substitute "$9.70".

═════════════

Endnotes

[1] Reg. 4: S.R. No. 100/2019.