73

73 Exemptions from this Part

(1)  The holder of an interlock licence may apply for an exemption from the application of regulation 61(2)(a) .

(2)  An application under subregulation (1) is –

(a) to be in an approved form; and

(b) to be accompanied by each relevant applicable scheduled fee for the application; and

(c) if the exemption is sought under subregulation (3)(a) , to include –

(i) written evidence, to the satisfaction of the Registrar, from a registered medical practitioner that the person seeking the exemption is unable to operate an interlock due to a physical or medical condition suffered by the person; and

(ii) written evidence from an approved provider that it is not possible to modify an interlock to enable the person seeking the exemption to be able to operate the interlock successfully.

(3)  After receiving an application under subregulation (1) , the Registrar may issue an exemption, subject to any conditions that the Registrar thinks fit, to the applicant if –

(a) the Registrar is satisfied that –

(i) the applicant is unable to operate an interlock due to a physical or medical condition suffered by the applicant; and

(ii) it is not reasonable or practicable for an interlock, or another device that measures alcohol consumption, to be modified to enable the applicant to be able to operate the interlock or device successfully; or

(b) the Registrar is satisfied that –

(i) the applicant's principal place of residence is on an island that does not have –

(A) a road connection to the main island of Tasmania; and

(B) a ferry service that makes regular trips on a weekly, or more frequent, basis; and

(ii) it is not reasonable or practicable for an interlock, or another device that measures alcohol consumption, to be installed and serviced while the applicant lives on that island; or

(c) the Registrar is satisfied that –

(i) the applicant regularly visits an island that does not have –

(A) a road connection to the main island of Tasmania; and

(B) a ferry service that makes regular trips on a weekly, or more frequent, basis; and

(ii) it is not reasonable or practicable for an interlock, or another device that measures alcohol consumption, to be installed and serviced on a motor vehicle used by the applicant while he or she visits that island; or

(d) the Registrar is satisfied that –

(i) the applicant has nominated a vehicle or vehicles under regulation 61(1)(a) and has had an interlock installed, in accordance with regulation 64 , in each vehicle so nominated; and

(ii) the applicant must drive another vehicle to or from work, or for the purposes of work; and

(iii) the other vehicle is unable to be installed with an interlock due to –

(A) the owner or operator of the vehicle being unwilling, or unable, to give permission for an interlock to be installed in the vehicle; or

(B) the type, class or quality of the other vehicle to be driven by the applicant under the exemption; or

(e) the Registrar is satisfied that –

(i) a refusal to grant an exemption to an applicant would cause severe hardship to the applicant or another person; and

(ii) it is appropriate in the circumstances to grant the exemption; or

(f) the Registrar is satisfied that the applicant has –

(i) applied for the I condition to be revoked from the applicant's licence; and

(ii) met the conditions for revoking the I condition; and

(iii) had the interlock removed by an authorised provider.

(4)  An exemption issued under subregulation (3)  –

(a) is to be in an approved form; and

(b) may be subject to any conditions that the Registrar thinks fit.

(5)  An exemption issued under subregulation (3)(a) , (b) , (e) or (f) exempts the holder of the exemption from the requirements of regulation 61 and the MAIP, other than regulation 61(2)(b) , while the holder of the exemption is operating a motor vehicle in accordance with the exemption.

(6)  An exemption issued under subregulation (3)(c) exempts the holder of the exemption from the requirements of regulation 61 and the MAIP, other than regulation 61(2)(b) , only while the holder of the exemption is operating a vehicle, in accordance with the exemption, on the island to which the exemption relates.

(7)  An exemption issued under subregulation (3)(d) exempts the holder of the exemption from the requirements of regulation 61 and the MAIP, other than regulation 61(2)(b) , only while the holder of the exemption is operating a vehicle, or class or type of vehicle, in accordance with the exemption.

(8)  The Registrar may cancel an exemption at any time if the Registrar reasonably believes that the holder of the interlock licence is no longer eligible for the exemption due to a change in the holder of the interlock licence's circumstances since the exemption was granted.

(9)  The holder of an exemption must comply with each condition of the exemption.

Penalty:  Fine not exceeding 20 penalty units.

(10)  An exemption issued under subregulation (3) ceases to have effect on whichever of the following occurs first:

(a) the removal of the I condition from the driver licence to which the exemption relates;

(b) the cancellation, or surrender, of the interlock licence to which the exemption relates;

(c) the cancellation of the exemption by the Registrar;

(d) 750 days after the day on which it was issued;

(e) the day specified in the exemption as the day on which it expires.