Victorian Consolidated Regulations

ROAD SAFETY (DRIVERS) REGULATIONS 2019 - REG 32

    (1)     For the purposes of sections 50AAAB, 50AAAC and 50AAF of the Act, the prescribed alcohol interlock usage data requirements are that, during the minimum compliance period—

        (a)     an approved alcohol interlock remains installed in a motor vehicle driven by the applicant; and

        (b)     the applicant uses that alcohol interlock at least twice during every operating month; and

        (c)     no tampering events occur other than in the first operating month of the minimum compliance period; and

        (d)     if the applicant starts the motor vehicle without providing a breath sample into the alcohol interlock other than because of a push start event and other than in the first operating month of the minimum compliance period, the applicant advises the approved alcohol interlock supplier of that start within 14 days; and

        (e)     subject to subregulation (2), no person fails to start the motor vehicle due to alcohol detected in the breath of that person; and

        (f)     subject to subregulation (2), no person, if directed to undertake an alcohol breath test after the motor vehicle was started either by a message on the digital display of the alcohol interlock or by an audible message given by the alcohol interlock—

              (i)     fails to provide a breath sample that contains no registrable alcohol using the alcohol interlock; or

              (ii)     fails to successfully undertake an alcohol breath test using the alcohol interlock.

    (2)     For the purposes of subregulation (1)(e) and (f), a person is not taken to have failed or failed to undertake an alcohol breath test using an alcohol interlock if—

        (a)     the failure is detected during the first operating month of the minimum compliance period; or

Reg. 32(2)(b) revoked by S.R. No. 120/2019 reg. 6.

    *     *     *     *     *

Reg. 32(2)(c) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 17).

        (c)     the applicant holds a driver licence or learner permit that is subject to an alcohol interlock condition imposed by the Secretary under section 31KA or 31KB of the Act and—

Reg. 32(2)(c)(i) revoked by S.R. No. 120/2019 reg. 6.

    *     *     *     *     *

              (ii)     the alcohol interlock is a type of alcohol interlock approved under section 50AAE of the Act that records the identity of the person starting or attempting to start the motor vehicle in which it is installed; and

Reg. 32
(2)(c)(iii) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 17).

              (iii)     the Secretary, on the request of the applicant, checks the information recorded by the alcohol interlock
and is satisfied that the information demonstrates that the failure was caused by a person other than the applicant; or

        (d)     the person failed to start the motor vehicle due to alcohol detected in the breath of that person or failed to provide a breath sample that contained no registrable alcohol, and that person starts the vehicle by providing a breath sample that does not contain registrable alcohol within one hour after the failure.

    (3)     In this regulation—

operating month means a month, the beginning of which is determined by reference to the day on which the approved alcohol interlock was installed in the motor vehicle, during which an approved alcohol interlock remained fitted to a motor vehicle driven by the applicant;

"push start event" means an event in which a person, in an emergency—

        (a)     push starts a motor vehicle, bypassing the breath test requirement of an approved alcohol interlock installed in that vehicle; and

        (b)     gives, using the approved alcohol interlock, a breath sample in which no registrable alcohol is present within 10 minutes after the push start;

"registrable alcohol", in relation to a breath sample given by a person using an approved alcohol interlock, means a concentration of breath alcohol that would prevent a motor vehicle in which the alcohol interlock is installed from starting if that concentration was detected by the alcohol interlock;

"service" or repair event means an event during which a person, in the course of servicing or repairing a motor vehicle in which an approved alcohol interlock is installed—

        (a)     bypasses or disengages an approved alcohol interlock installed in that motor vehicle in accordance with the supplier's instructions; and

        (b)     when the service or repair is complete, removes the bypass or re-engages the interlock;

"tampering event" means an event, other than a push start event or a service or repair event, during which a person drives a motor vehicle in which an approved alcohol interlock is installed and the motor vehicle is started—

        (a)     with the approved alcohol interlock disengaged; or

        (b)     in a way other than by the person blowing directly into the appropriate part of the approved alcohol interlock.

Note

A tampering event may constitute an offence under section 50AAD of the Act.