31Definition of *minimum compliance period*

31 Definition of *minimum compliance period*

In this Division, minimum compliance period means a continuous or non-continuous period of at least 6 months, or if the applicant is subject to an alcohol interlock condition for a minimum period that is less than 6 months, a continuous or non-continuous period of at least that minimum period—

(a) during which alcohol interlock usage data was collected from an approved alcohol interlock fitted to a motor vehicle driven by the applicant; and

(b) that does not include any operating months during which the applicant used the approved alcohol interlock less than twice; and

(c) that does not include any period during which the driver licence or learner permit of the applicant was suspended; and

(d) that does not include any period during which the applicant did not hold a driver licence or learner permit; and

(e) that is not interrupted by more than 6 consecutive operating months during which the applicant used the approved alcohol interlock less than twice; and

(f) that, unless required by paragraphs (b) to (d), does not exclude a more recent period during which alcohol interlock usage data was collected in respect of an approved alcohol interlock fitted to a motor vehicle driven by the applicant.

A person has an alcohol interlock installed in a motor vehicle for 7 months, uses it regularly and holds a current driver licence for the entire period. The person complies with the prescribed alcohol interlock usage requirements for the first 6 months but a tampering event occurs in the seventh month. The person cannot exclude the seventh operating month and therefore the person is unable to demonstrate compliance with the prescribed alcohol interlock usage requirements, even though the person would have been able to demonstrate compliance immediately before the tampering event occurred.