Victorian Numbered Acts

ROAD LEGISLATION AMENDMENT ACT 2009 (NO. 28 OF 2009) - SECT 9

After section 50AAJ of the Principal Act insert —

        " 50AAK     Offence for person to assist with contravention of alcohol interlock condition

    (1)     A person must not, without reasonable excuse, by-pass or disengage an approved alcohol interlock installed in a motor vehicle being, or to be, driven by another person (a relevant person ) if the relevant person's driver licence or permit is subject to an alcohol interlock condition.

Penalty:     25 penalty units.

    (2)     A person does not commit an offence under subsection (1) if the person in the course of servicing or repairing the vehicle in which the interlock is installed—

        (a)     for the purpose of so servicing or repairing the vehicle, by-passes or disengages the alcohol interlock in accordance with the supplier's instructions; and

        (b)     removes the by-pass or re-engages the interlock—

              (i)     at any time when the person is aware that the relevant person intends to drive the vehicle; and

              (ii)     on completion of the work done by the person in servicing or repairing the vehicle; and

              (iii)     at any time when the vehicle is taken to another person for servicing or repair work.

    (3)     A person must not, without reasonable excuse, blow into an approved alcohol interlock, or procure a person to blow into an approved alcohol interlock, installed in a motor vehicle for the purpose of enabling another person (the other person ) to drive the motor vehicle if the other person's driver licence or permit is subject to an alcohol interlock condition.

Penalty:     10 penalty units.

    (4)     For the purposes of subsections (1) and (3), the accused has the burden of proving reasonable excuse.".