212Interlock exemption orders

212 Interlock exemption orders

212 Interlock exemption orders

(1) An interlock exemption order is an order that exempts an offender from the operation of section 211.

(2) Section 205 (Disqualification for certain major offences) applies to and in respect of an offender to whom an interlock exemption order applies.

Note.

If an interlock exemption order is made, the offender concerned will automatically be disqualified from holding a driver licence for the relevant period set out in section 205 and will not be subject to the requirement to participate in an interlock program.

(3) A court may make an interlock exemption order only if the offender proves to the court’s satisfaction—

(a) that the offender does not have access to a vehicle in which to install an interlock device, or

Note.

For example, there is only one vehicle to which the offender has access in which an interlock device could be installed and it is used jointly with a family member or other person who has a medical condition preventing the person from providing a sufficient breath sample to operate the device and it is not reasonably practicable to modify the device.

(b) that the offender has a medical condition diagnosed by a registered medical practitioner that prevents the offender from providing a sufficient breath sample to operate an approved interlock device and it is not reasonably practicable for an interlock device to be modified to enable the offender to operate the device, or

(c) if the offender is convicted of an offence against section 110(4)(a), (b) or (c) or 111A(2) that is a first offence—

(i) that the making of a mandatory interlock order would cause severe hardship to the offender, and

(ii) that the making of an interlock exemption order is more appropriate in all the circumstances than the making of a mandatory interlock order.

(4) A person has access to a vehicle for the purposes of subsection (3)—

(a) if the person is the registered operator, owner or part owner of the vehicle or shares the use of the vehicle with the registered operator, owner or part owner of the vehicle, and

(b) it is reasonable in all the circumstances to install an interlock device in the vehicle.