Land Transport Act 1998

  • not the latest version
  • This version was replaced on 10 November 2017 to make corrections to section 158(b)(ix) under section 25(1)(j)(ii) and (iv) of the Legislation Act 2012.
65A Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol

(1)

This section applies if—

(a)

a court convicts a person of an offence involving the use of alcohol against any of sections 56(1), 56(2), 57(1), 57(2), 58(1)(a), 60(1)(a) to (c), 61(1), 61(2), and 62(1)(a); and

(b)

either—

(i)

the person convicted has previously been convicted of such an offence committed within 5 years of the date of the commission of the offence being dealt with by the court; or

(ii)

the offence for which the person is convicted under paragraph (a) involves either or both of the following:

(A)

the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, is 800 micrograms of alcohol per litre of breath or higher:

(B)

the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, is 160 milligrams of alcohol per 100 millilitres of blood or higher.

(2)

If this section applies, the court must, if the court imposes a sentence for an alcohol interlock licence disqualification,—

(a)

disqualify the person from holding any driver licence for a period of 3 months; and

(b)

make an order that—

(i)

authorises the person to apply for an alcohol interlock licence at the end of the 3-month disqualification period; and

(ii)

requires the person, while holding an alcohol interlock licence, to—

(A)

drive only a vehicle or vehicles to which an alcohol interlock device is fitted; and

(B)

apply for a zero alcohol licence, which the Agency may issue only on successful completion of the criteria specified in subparagraph (iv); and

(iii)

provides that the person may apply for any other driver licence (including, but not limited to, a limited licence) only if the person has obtained, and has satisfied the requirements of, the alcohol interlock licence; and

(iv)

provides that the alcohol interlock device in the person’s vehicle may be removed only if the person—

(A)

has held the alcohol interlock licence for at least 12 months; and

(B)

has not violated any of the requirements of the alcohol interlock licence during the 6-month period preceding the date on which the alcohol interlock device is removed, or has completed an assessment and has not violated any of the requirements of the alcohol interlock licence during the 3-month period preceding the date on which the alcohol interlock device is removed; and

(v)

ends the person’s disqualification under section 65, if the person was disqualified under section 65.

(3)

The imposition of a mandatory disqualification under this section is subject to section 81.

(4)

A person who is subject to an order under subsection (2) and does not apply for an interlock licence is to be treated as a person with a licence of no effect.

Section 65A: inserted, on 10 September 2012, by section 30 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).