87Special conditions

87 Special conditions

Reg. 87(1) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 69(a)).

(1) The Secretary may impose suitable conditions or requirements on a person's driver licence or learner permit if the person is granted a reduced disqualification or suspension under regulation 86.

Reg. 87(2) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 69(b)).

(2) When determining suitable conditions or requirements, the Secretary may have regard to—

(a) any conditions or requirements that are normally imposed in the relevant jurisdiction and whether they could be readily enforced and administered in Victoria; and

Reg. 87(2)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 69(b)).

(b) the conditions or requirements that the Secretary or Victorian courts would typically impose if the offences or events leading to the disqualification or suspension in the relevant jurisdiction had occurred in Victoria; and

(c) whether any medical exemptions would normally be available in Victoria for a particular condition type; and

(d) whether the person's illness, disability, medical condition or injury, or the effects of the treatment for any of those things, may impair the person's ability to drive safely such as to prevent the person from being able to comply with a condition of the type referred to in subregulation (2)(c); and

(e) the extent to which the person has already complied with any requirements of the law of the relevant jurisdiction; and

(f) the provision of safe, efficient and equitable road use.

(3) Conditions or requirements imposed under this regulation may—

(a) be of fixed duration; or

(b) apply for a minimum period if removal of the conditions or requirements is expressed to be contingent on certain conditions or requirements being met.

Example to reg. 87(3)(b) amended by S.R. No. 172/2019 reg. 5(Sch. 2 item 69(c)).

Consistent with the Victorian Alcohol Interlock Program, the Secretary may impose a special condition that the applicant drive a vehicle fitted with an alcohol interlock for a certain minimum period, during which the person must comply with the prescribed alcohol interlock usage data requirements (see regulations 31 and 32) and provide evidence of that compliance. If the person fails to comply with those prescribed alcohol interlock usage data requirements, the person would continue to be subject to the special condition (even after the minimum compliance period ends) until compliance could be demonstrated by the applicant.