Changes to court order and alcohol interlock requirements

From 1 December 2019, there will be changes to court order and alcohol interlock requirements.

A summary of what's changing

From 1 December: 

  • a Licence Eligibility Order (LEO) won’t be required for certain alcohol-related offences.
  • alcohol interlocks must be installed before you get your licence and/or learner permit back.
  • the Magistrates' Court will no longer hold Interlock Condition Removal Orders (ICRO) hearings and no longer issue Interlock Condition Removal Orders (ICRO) 
  • you can apply directly to VicRoads to remove the interlock ‘I’ condition from your licence. 

You can read more about each change below.

A Licence Eligibility Order (LEO) is what you’re required to get from the Magistrates' Court, if your licence or permit has been cancelled or you’re disqualified because of a: 

  • drug driving offence
  • first drink driving offence with a BAC > 0.10 or any repeat offence
  • combined drink and drug driving offence or 
  • serious motor vehicle offence such as dangerous driving.

When you attend the hearing, the court decides whether to issue you with a LEO, which is required from the Court before you can get your licence back.

What's changing?

From 1 December, you won’t need to get a LEO for:

  • drink driving offences (at any BAC level*)
  • repeat drink driving
  • combined drink and drug driving or 
  • for other alcohol related offences (such as refusing a breath test).

*Currently there is no LEO requirement for a first-time drink driving offence with a BAC < 0.10

If you don’t need a LEO, you can apply directly to VicRoads to get your licence reissued if:

  • your cancellation period has finished and 
  • you’ve met all relicensing requirements. 

If your licence is reissued, an Alcohol Interlock ‘I’ Condition will be applied.

If your licence has been cancelled for an offence that didn’t involve a motor vehicle: 

  • you won’t need a LEO and 
  • an alcohol interlock condition won’t be imposed.
What's not changing?

You’ll still need to get a LEO for:

  • A drug driving cancellation
  • Any serious motor vehicle offences involving alcohol and/or drugs. Where alcohol is involved, the court will still be required to make a determination about imposing an alcohol interlock.

 

What's changing?

From 1 December, you’ll need to install an alcohol interlock before you can get your licence back. Before applying to get your licence back you’ll need to:

  • ensure that any other licence bans have ended (including medical review and demerit point suspensions). 
  • complete all relicensing requirements, such as: 
VicRoads can suspend or cancel your licence

From 1 December, new regulations mean that VicRoads will be able to suspend (or cancel) licences for: 

  • failing to install the interlock
  • failing to service and maintain the interlock as agreed with the supplier or
  • unauthorised removal of the interlock (before completing the Alcohol Interlock Program).
If this impacts you, VicRoads will notify you of the period of time you have to rectify the situation before a suspension would be imposed.
How to install the alcohol interlock

To install the interlock from 1 December, you’ll need to:

  • Download an Alcohol Interlock Installation Certificate from the VicRoads website, or call us and we can send it to you. (Please note, the certificate won’t be available online until late November) 
  • Complete the certificate and include your client number. Your client number is listed as a reference on correspondence you have received about your cancellation and is also detailed on your Behaviour Change Program (BCP) certificate of completion. 
  • Arrange a VicRoads approved supplier to install an alcohol interlock in the vehicle you’ll be driving. (You’ll need a licensed driver to take you and the vehicle to the supplier’s service agent and you are not permitted to drive the vehicle until you have been relicensed.) 
 

When you get your licence back after a drink driving offence it will have an ‘I’ condition. This means that you need to install and use an alcohol interlock, as a participant of the Victorian Alcohol Interlock Program (VAIP)

After you’ve completed the program, you’ll need to apply to remove the ‘I’ condition from your licence. Depending on your offence, you can apply directly to VicRoads to remove the condition or through the Magistrates’ Court.

What’s changing? 

From 1 December, Interlock Condition Removal Orders (ICRO) issued by the Magistrate’s Court will no longer exist. This means Court related reports, such as the Interlock Removal Criteria Report (IRCR) or the Compliance Assessment Report (CAR) will no longer be required.

Who will manage interlock removal applications?
From 1 December, VicRoads will assess your interlock data and usage to determine whether you’ve successfully separated drinking from driving. 

You’ll be able to apply for removal of your alcohol interlock ‘I’ licence condition online through VicRoads’ Alcohol Interlock Management System (AIMS) or by contacting our Alcohol Interlock Program support centre at [email protected]

 

 

 

For certain offences committed before 1 October 2014 

If your most recent offence was committed before 1 October 2014, and your licence was issued with an alcohol interlock requirement, you’ll be given 12 months from 1 December 2019 to transition to the new laws.

If you apply for removal of your interlock during the 12 month transition (before 1 December 2020), you'll be automatically assessed against reduced removal rules. 

Reduced removal rules means: 
  • you need to have used the interlock for at least 6 months in the last 12 months and 
  • you must not have had an alcohol reading when you attempted to start your vehicle.

From 1 December 2020, every participant in the Alcohol Interlock Program will have to complete the program with the same rules. Go to Alcohol Interlock Program rules to learn more.

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