Land Transport Amendment Bill (No 2)

  • enacted
19 Section 65A replaced (Alcohol interlock requirements for repeat offences or certain first time offences involving use of alcohol)

Replace section 65A with:

Mandatory alcohol interlock sentence for repeat offences and certain first offences

65AB Qualifying offences

(1)

Section 65AC applies if a court convicts a person of an offence in relation to alcohol against any of sections 56(1), 56(2), 57(1), 57(2), 57AA, 58(1)(a), 60(1)(a) to (c), 61(1), 61(2)(a), and 62(1)(a) and either—

(a)

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 (whether or not section 65(2) or (4) also applies); or

(b)

the offence for which the person is convicted involves either or both of the following:

(i)

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 or exceeds 800 micrograms of alcohol per litre of breath:

(ii)

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 or exceeds 160 milligrams of alcohol per 100 millilitres of blood.

(2)

However, section 65AI applies instead of section 65AC if a person described in subsection (1)

(a)

has a medical condition (as certified by an appropriately qualified health practitioner) that renders him or her incapable of providing a valid breath sample to activate an alcohol interlock device; or

(b)

usually lives in a non-serviced area and is not prepared to drive to a serviced area for an initial installation and any necessary service; or

(c)

has never held a New Zealand licence; or

(d)

holds a licence that has been revoked or is suspended (except one that is suspended under section 90, 95, or 95A); or

(e)

is not likely, during the term of any alcohol interlock sentence that would otherwise apply, to—

(i)

have lawful possession of a motor vehicle to the extent of being able to use it and fit it with an alcohol interlock device; or

(ii)

have the type of possession described in subparagraph (i) of a motor vehicle that is technically able to be fitted with an alcohol interlock device.

65AC Alcohol interlock sentence

(1)

If this section applies, the court must order an alcohol interlock sentence.

(2)

An alcohol interlock sentence—

(a)

disqualifies the person from holding or obtaining a driver licence for the period required by section 65AE; and

(b)

authorises the person to apply for an alcohol interlock licence at the end of that period; and

(c)

disqualifies the person from holding or obtaining any licence except an alcohol interlock licence; and

(d)

authorises the person, after complying with the alcohol interlock licence requirements, to apply to replace the alcohol interlock licence with a zero alcohol licence.

(3)

Subsection (1) applies unless for special reasons relating to the qualifying offence the court thinks fit to order otherwise and, if so,—

(a)

section 94 may apply (and a reference to disqualification in section 94 must be treated as if it referred to an alcohol interlock sentence); but

(b)

an alcohol interlock sentence may not otherwise be substituted by a community-based sentence.

65AD Injury or death

If a qualifying offence resulted in injury or death, the court must disqualify the person from holding or obtaining a driver licence for the period of disqualification that is appropriate under the provision relating to the qualifying offence.

65AE Period of disqualification

The period of disqualification for an alcohol interlock sentence is the greatest of the following periods:

(a)

28 days; and

(b)

any period when the person’s licence is expired or suspended under section 90, 95, or 95A; and

(c)

any period when the person is in prison (because of the qualifying offence or otherwise); and

(d)

any period when the person is disqualified from holding or obtaining a driver licence, including—

(i)

under section 65AD; or

(ia)

under section 65AH(3); or

(ii)

because of an existing disqualification (except a disqualification under section 65(2) or (4): see section 65(3A) and (4A)).

65AF Alcohol interlock sentence disqualifies person from driving except under alcohol interlock licence

A person who is subject to an alcohol interlock sentence and who does not apply for an alcohol interlock licence is disqualified from holding or obtaining a driver licence.

65AG Alcohol interlock licence requirements

(1)

An alcohol interlock licence replaces any licence held by a person.

(2)

An alcohol interlock licence requires a person holding it to drive only a motor vehicle or vehicles to which an alcohol interlock device is fitted.

(3)

A person may apply under section 100A to replace an alcohol interlock licence with a zero alcohol licence if—

(a)

every motor vehicle the person has driven for 12 months (or more) had an alcohol interlock device fitted and operating; and

(b)

in relation to a person who is required to attend an assessment centre under section 65 (or any other section), the person has attended and been assessed as being a fit person to hold a driver licence; and

(c)

during the previous 6 months, the person—

(i)

has not attempted to drive while the person’s breath contained a proportion of alcohol above the level to which the device is set; and

(ii)

has not committed a qualifying offence or an offence against section 55A; and

(iii)

has complied with any relevant regulations made under this Act.

(4)

The 6-month period referred to in subsection (3)(c) may be reduced to 3 months if the person has been assessed at an assessment centre (whether the attendance was voluntary or ordered by a court) as a fit person to hold a driver licence.

65AH When court may take alcohol interlock sentence into account
Fines, imprisonment, assessments, or community-based sentences

(1)

A court must order any fine, imprisonment, assessment, or community-based sentence that is appropriate for a qualifying offence or a concurrent offence regardless of the requirement to impose an alcohol interlock sentence.

(2)

However, the court may take into account the cost of an alcohol interlock sentence and may discount the amount of any fine.

Disqualifications

(3)

For a concurrent offence,—

Injury or death

(a)

that resulted in injury or death, the court must disqualify the person from holding or obtaining a driver licence for the period of disqualification that is appropriate under the provision relating to the concurrent offence:

No injury or death

(b)

that did not result in injury or death, the court may, taking into account the alcohol interlock sentence that must be ordered for the qualifying offence under section 65AC, choose not to order any disqualification that might otherwise apply to the concurrent offence.

65AI Exceptions: persons who are not to be given alcohol interlock sentence

If this section applies because an exception described in section 65AB(2) applies to the person, a court must—

(a)

disqualify the person from holding or obtaining a driver licence for the period that is appropriate under the provision relating to the qualifying offence; and

(b)

order any fine, imprisonment, assessment, or community-based sentence that is appropriate for the qualifying offence; and

(c)

if a disqualification is ordered, authorise the person to apply for a zero alcohol licence at the end of the period of disqualification.

65AJ Effect of subsequent qualifying offences on alcohol interlock sentence

(1)

This section applies to a person with an alcohol interlock sentence who is convicted of a subsequent qualifying offence.

(2)

The court must replace the alcohol interlock sentence with a new alcohol interlock sentence under section 65AC unless—

(a)

section 65AC(3) applies to the subsequent qualifying offence; or

(b)

an exception described in section 65AB(2) now applies to the person (in which case, section 65AI applies).

(3)

Sections 65AC to 65AI apply to the new alcohol interlock sentence as if a reference to a qualifying offence in those sections were a reference to the subsequent qualifying offence.

65AK Effect of other subsequent offences on alcohol interlock licence

(1)

This section applies to a person with an existing alcohol interlock licence—

(a)

who is convicted of a subsequent offence that is not a qualifying offence; and

(b)

who is disqualified under this Act or under section 124 of the Sentencing Act 2002 from holding or obtaining a driver licence for that subsequent offence.

(2)

In order to continue the existing alcohol interlock licence, the court must authorise the person to apply for a new alcohol interlock licence at the end of the disqualification referred to in subsection (1)(b).

(3)

Sections 65AG, 65AJ, and this section continue to apply to the new alcohol interlock licence as if it were the previous alcohol interlock licence and the previous alcohol interlock licence had not been interrupted by the disqualification.

(4)

When the person applies under section 100A(1) in relation to the new alcohol interlock licence, the Agency must accept any compliance with the requirements of section 65AG in relation to the person’s previous alcohol interlock licence as compliance with the requirements of section 65AG in relation to the person’s new alcohol interlock licence.

Mandatory zero alcohol requirements for repeat offences