Mandatory Interlocks Orders

A Mandatory Interlock Order is a penalty imposed by the Court on individuals who are convicted of certain drink-driving offences in New South Wales. The aim of the order is to reduce the likelihood of repeat drink-driving incidents. Interlock orders function in two stages. First, drivers are disqualified from holding any drivers licence for at least the ‘minimum disqualification’ period associated with the relevant drink-driving offence. Once this period elapses, the driver is disqualified from holding any driver’s licence, other than a learners or interlock licence, for at least the minimum interlock period. Mandatory Interlock Orders are made alongside any other penalties, including fines and a prison sentence.

What are interlocks?

Interlock devices analyse a sample of your breath for the presence of alcohol. Interlocks are linked to the ignition system of cars and prevent the car from starting if it detects alcohol in your body. If your car is fitted with an interlock device, you will be required to provide a breath sample before your car can be started.

The interlock is fitted with a camera which takes a photo of you providing the sample to prevent third parties from providing a breath sample on your behalf.

To prevent the devices being used incorrectly, only an accredited service provider may install the device. You are responsible for all the associated costs with the installation and upkeep of an interlock device.

What offences are subject to a mandatory interlock order?

Offence	Prescribed concentration of alcohol	Min. Disqualification Period		Min. Interlock Period
		1st offence	2nd offence	1st offence	2nd offence
Novice drink driving	0 < BAC < 0.02	N/A	1 months	N/A	12 months
Special range drink driving	0.02 ≤ BAC < 0.05	N/A	1 months	N/A	12 months
Low range drink driving	0.05 ≤ BAC < 0.08	N/A	1 months	N/A	12 months
Mid-range drink driving	0.08 ≤ BAC < 0.15	3 months	6 months	12 months	24 months
High range drink driving	0.15 ≤ BAC	6 months	9 months	24 months	48 months

Exemption Order

You may be eligible for an interlock exemption order if you can establish to the court’s satisfaction:

1. You do not have access suitable vehicle for an interlock device to be installed in; or
2. You have a medically diagnosed condition that prevents you providing an adequate breath sample to operate the device; or
3. If you have been convicted of mid-range drink driving and it is your first offence, that a mandatory interlock order would cause severe hardship, and that making an exemption order is more appropriate in the circumstances.

However, if you are granted an interlock exemption order, your license will be automatically disqualified for the applicable period outlined in section 205 of the Road Transport Act 2013. These are unfortunately quite lengthy periods. You would then not be required to participate in an interlock program. Transport for NSW (TfNSW) may require you to attend a drink driving education program (the Sober Driver Program).

Offences arising from the misuse of Interlock Devices

Part 11 Division 3 of the Road Transport (Drivers Licensing) Act 2017 creates several offences relating to the misuse of interlocks.

If you are subject to an interlock order, it is the licence itself that is restricted, you cannot drive a car that has not been fitted with an approved interlock.

The Division seeks to prevent the misuse of interlock devices. Some offences include:

1. Assisting the holder of an interlock driver licence to disable or circumvent approved interlock device (section 89)
   1. A third party may not provide a sample of their breath for use in the interlock device.
2. Incorrectly labelling interlock devices (section 90)
3. Tampering with a labelled approved interlock device (section 92)

If you receive an interlock order and do not enter the interlock program, you will be disqualified from holding a licence for five years.

The Interlock Program

The Interlock Program commences on the date that you are issued an interlock driver licence from TfNSW. You may only apply for an interlock licence after the completion of your disqualification period.

There are three GP assessments that must be conducted to assess your progress; an initial consultation to flag any alcohol related problems, one during the program and one prior to the completion of the interlock period.

TfNSW estimates the costs involved in participating in the interlock program to between $2,200.00 and $2,500.00 per year.

You are responsible for all costs associated with the interlock program, including installation, maintenance and leasing of the device.

If you are facing financial hardship, you may be eligible for means tested financial assistance.

Chloe Woodward