Page 1811 - Week 06 - Thursday, 9 May 2013
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The program includes both time-based and performance-based elements. Participants must remain on the interlock program for at least six months and cannot exit the program until they have completed three successive months of “clean” driving immediately beforehand. The road transport authority must also be satisfied that the participant has complied with any court-ordered therapeutic component.
The inclusion of time-based and performance-based elements is consistent with best practice schemes around the world and in Australia. It recognises that it takes time to change behaviour and that changes need to be sustained over time.
From experience in other jurisdictions, it is expected that almost every high-risk drink driver will be capable of operating an interlock device. However, the bill includes an exemption process to deal with the possibility that a person may not be able, for example because of a particular medical condition, to operate the interlock device while driving. An offender who obtains an exemption from the interlock requirement will not be eligible to apply for a probation licence until the full disqualification period ordered by the courts has been completed.
The ACT is home to many outstanding tertiary education establishments and is a great place to live and work. It attracts students from around the world. From time to time police will detect drink-driving offences committed by temporary visa holders who are driving on a foreign driver licence, as temporary visa holders are not eligible to apply for an ACT driver licence.
The bill contains provisions that ensure the interlock condition will be applied to foreign drivers on temporary visas who are disqualified from driving following a drink-driving conviction. Changes are made by the bill to the licensing arrangements for these drivers to enable an interlock condition to apply to high-risk drink-driving offenders who are here on temporary visas.
The bill contains a range of measures to ensure the integrity of the program, including the effective operation of the interlock devices themselves. There are measures to ensure that devices distinguish between multiple users of a vehicle, including the use of technology such as in-car cameras or personal identification numbers.
There are measures to prevent, detect and report suspected and actual tampering with the devices, including requirements relating to tamper evident seals and regular maintenance of devices.
There are requirements relating to the regular provision of information and reports, including a requirement to notify the road safety authority promptly where tampering is identified or suspected.
Most importantly, there are powers that enable police and authorised people to stop and inspect a vehicle driven by a person who is subject to an interlock condition to make sure that the interlock is installed and is operating properly.
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