35CRequirements for the assessment of a driver who is subject to an alcohol interlock condition

35C Requirements for the assessment of a driver who is subject to an alcohol interlock condition

(1) For the purposes of section 50AAD(3B)(a)(i) and (b) of the Act and subject to subregulation (2), a person drives the vehicle in accordance with the regulations if—

(a) the driving assessment is conducted by or in the presence of a driving instructor who is—

(i) a commercial driving instructor (general); or

(ii) a person authorised in writing by the Secretary for the purpose of this regulation; or

(iii) a member of a class of persons authorised in writing by the Secretary for the purposes of this regulation; and

(b) the person complies with any requirements of the driving instructor under regulation 35B.

(2) The driving assessment must be conducted by or in the presence of a commercial driving instructor (general) in a motor vehicle that is a dual control vehicle if—

(a) the motor vehicle to be driven during the driving assessment is not a motor cycle; and

(b) the person—

(i) holds a driver licence or learner permit authorising the person to drive the same category of motor vehicle as that which is to be driven during the driving assessment; or

(ii) has requested that an approved alcohol interlock be fitted to a motor vehicle of the same category of motor vehicle as that which is to be driven during the driving assessment.

Reg. 35D inserted by S.R. No. 19/2022 reg. 9.