Вы находитесь на странице: 1из 9

Getting your licence back

Information for drink and drug-driving offences and


completing the Victorian Alcohol Interlock Program

August 2016

vicroads.vic.gov.au
Contents Introduction
Introduction3 Drink-driving and drug-driving are serious road safety
Dont drive while cancelled 3 issues that affect many Victorians. If your licence* has
Return your licence to VicRoads 3 been cancelled^ due to a drink-driving, drug-driving or
combined drink and drug-driving offence, this brochure
VicRoads managed drink-drivers 4
has important information for you.
Court managed drivers 4
From 1 October 2014, anyone whose licence is
Step 1 - Preparing to get your licence back 5 cancelled due to a drink-driving offence is required to
VicRoads managed 5 install a VicRoads approved alcohol interlock in any
Court managed 5
vehicle# they drive after they get their licence back.
Preparing for your licence eligibility order hearing 5
An alcohol interlock prevents a vehicle starting if the
Step 2 - Apply to VicRoads to have your licence reissued 7
driver has been drinking alcohol and records any
Licence conditions the letters I and Z 7
I condition 7
attempts to drive with alcohol present. Using an alcohol
Z condition 8 interlock allows drivers to show successful separation of
drinking from driving.
Step 3 - Installing and using an alcohol interlock 8
Lease an alcohol interlock 8 VicRoads will manage first-time drink-drivers with a blood
Install and use an alcohol interlock 8 alcohol concentration (BAC) below 0.10 whose offence
Step 4 - Completing the alcohol interlock program 9
occurs on or after 1 October 2014. The Magistrates
Proving youve separated drinking from driving 9
Court will continue to manage other drink-drivers.
VicRoads managed 10 An overview of the VicRoads and Magistrates Court
Requesting a review 11 processes is provided in this brochure to assist you.
Application for direction 11 Legal requirements for drink and drug-driving can be
Court managed 11 complex. Its strongly recommended that you find out
Step 5 - Remove an alcohol interlock 12 what you need to do to get your licence back and meet
Costs12 other requirements like an alcohol interlock condition.
Government cost recovery fee 12 Contact details for agencies that can help are listed at
Concessions13 the end of this brochure.
Accepted concession cards 13
Some exclusions apply 13
Dont drive while cancelled
Concessions apply 13 Youre not allowed to drive while your licence is
cancelled and you cant use an interstate or overseas
Medical exemption from an alcohol interlock condition 13
licence to drive in Victoria during the cancellation period.
Key contacts 14
Fines, vehicle impoundment and even imprisonment
may apply if you drive.
Return your licence to VicRoads
Definitions When youve been notified that your Victorian licence
licence* is cancelled, you must return it in the mail to VicRoads.
A licence means any Victorian learner permit and/or driver/
motorcycle licence. VicRoads Licence & Registration Services
Licence Services
cancelled^
Whenever a licence is cancelled youre disqualified from driving in Locked Bag 7000
Victoria and from obtaining another licence/permit for a certain Kew VIC 3101
period. Where you have no licence/permit to cancel, youll be
disqualified from driving in Victoria and from obtaining a licence for Theres a penalty if you dont return your licence.
a certain period. When this brochure mentions a licence cancellation
this also means disqualification.
vehicle#
A vehicle means any motor vehicle and includes: car, van, truck,
bus, motorcycle and motor scooter.

2 3
VicRoads managed drink-drivers Step 1 - Preparing to get your
VicRoads manages first time drink-drivers who: licence back
were detected on or after 1 October 2014 Complete your cancellation period and any other
in Victoria and bans before applying for a licence.
have a BAC reading below 0.10 and If you have demerit points that may result in a licence
suspension, you should still apply for your licence.
have their licences cancelled. Make sure you check if a suspension is due to start
You can apply directly to VicRoads to get your licence before you install an alcohol interlock.
back following completion of your licence cancellation To find out more about the Demerit Point Scheme,
period. Your alcohol interlock use and removal is visit vicroads.vic.gov.au or call VicRoads on 13 11 71
managed by VicRoads.
VicRoads managed
If you commit a drink-driving offence interstate, you You can apply directly to VicRoads to get your licence
may lose your licence and have an alcohol interlock reissued. You dont have to go to court.
condition when you get your licence back. If this
happens, VicRoads will tell you what you need to do. If you were under 25 at the time of the offence, you may
also need to complete an accredited driver education
program before relicensing. When applying, provide
Court managed drivers VicRoads with the original certificate that shows youve
The Victorian Magistrates Court manages the following successfully completed the driver education program.
offences committed in Victoria:
For a directory of accredited driver education agencies
first time drink-driving offences committed before call DirectLine on 1800 888 236.
1 October 2014 with a BAC between 0.07 and less
than 0.10+ Court managed
Youll need to go to court to get a Licence Eligibility
all first time drink-driving offences with a BAC Order before VicRoads can give you a new licence.
of 0.10 or more
The Magistrates Court website has an online guide
all repeat drink-driving offences that shows you what to do before applying to the
Court for a Licence Eligibility Order. The Drivers
all drug-driving offences where your licence
Licence Eligibility Order Guide can be accessed at
is cancelled
magistratescourt.vic.gov.au or you can visit your local
combined drink and drug-driving offences Magistrates Court to get this information.
serious alcohol-related offences such as Preparing for your licence eligibility order hearing
culpable driving Youll need to follow some steps to get your licence
back. Some may need to be arranged several months
all offences relating to refusal to be tested for alcohol before your court hearing.
or drugs
1. Reports - Attend an accredited drink/drug-driving
all other offences that may require an alcohol education and assessment agency to obtain reports
interlock condition. required for the Magistrates Court.
+
Note: First-time drink-drivers who were required to attend court for an The reports you need will depend on the offence you
offence committed prior to 1 October 2014, with a BAC less than 0.07,
can apply directly to VicRoads to have a licence reissued committed. Some drivers must attend a drink/drug-
driving education and assessment agency at least
6 to 12 months before their cancellation ends and
then again within 28 days before their court hearing.
Others may need to attend only once.
To find out which reports are needed, refer to the
online Drivers Licence Eligibility Order Guide or your
local Magistrates Court.
4 5
2. Accredited driver education program - An accredited Step 2 - Apply to VicRoads to have
driver education program is designed to help you learn
more about how alcohol and drugs affect your ability your licence reissued
to drive, what your legal obligations are, and the health Once youve served your cancellation period and met
effects of alcohol and drugs. all other requirements, visit a VicRoads Customer Service
Centre to apply to have your licence reissued. Youll
If you were under 25 at the time of your offence or you
need to bring your:
committed a combined drink and drug driving offence,
youll need to complete an accredited driver education Licence Eligibility Order, if you are managed by the
program. Magistrates often require other drink-drivers Magistrates Court
to complete the program, even when it is not required
accredited driver education certificate (if applicable)
by law.
Check with the court to find out if youll be required evidence of identity
to complete this program. There may be waiting times payment for the licence fee.
to attend a program. Make allowance for this before
booking your court hearing. If you havent held a current Australian or overseas
driver licence in the last five years or you need to have
For a directory of accredited driver education and an expired motorcycle learner permit reissued, youll
assessment agencies call DirectLine on 1800 888 236. need to be retested before your licence or learner
3. Driving record - The accredited driver education permit is issued.
agency and the Magistrates Court may need a record For information on evidence of identity, a list of
of your driving history. current fees and details on making an appointment for
You can get this from vicroads.vic.gov.au or by driving or motorcycle tests you may need to take, visit
contacting VicRoads on 13 11 71 and giving your: vicroads.vic.gov.au.
licence/learner permit number When youre relicensed youll receive the same
type of licence you had previously, but it will have
full name conditions imposed on it. Youll need to carry it with
date of birth you when driving.

current address. Licence conditions the letters I and Z


When youre relicensed, the letters I and/or Z may be
Fees apply Visa or MasterCard only if paying online
printed on the front of the licence under Conditions.
or over the phone.
If you dont have all of these details, youll need to attend I condition
a VicRoads Customer Service Centre, prove your identity The letter I means that you can only drive a vehicle
and pay the fee. fitted with an alcohol interlock.
4. Organise your Licence Eligibility Order court hearing - If youre VicRoads managed, the VicRoads Support
At least 28 days before your licence cancellation ends, Centre for the Victorian Alcohol Interlock Program
attend a Magistrates Court to arrange a hearing. The will assess your alcohol interlock use before removing
court will fix a hearing date at least 28 days ahead, but this licence condition. The assessment is based on
not before your cancellation ends. successful separation of drinking from driving.
Make sure you find out which documents are required
If youre Court managed, the I condition remains on
for the hearing.
your licence until the court decides that it should be
You may be asked to have an interview with Victoria removed by making an Interlock Condition Removal
Police before the court hearing. Order (ICRO). The court will assess if youve successfully
The court will decide whether to issue you with a separated drinking from driving
Licence Eligibility Order.

6 7
Z condition The alcohol interlock will also request breath tests during
The letter Z stands for zero BAC and means that you a trip. If you fail or dont take a breath test and you keep
mustnt have alcohol in your blood when you drive. driving, the vehicles lights and horn will activate.
In other words, if you drink at all, you cant drive. The recorded information is downloaded at servicing
This restriction applies to all drivers for at least three and is used by VicRoads and the courts to make
years from the time theyre reissued with a licence, decisions about removing your alcohol interlock.
however it can be longer. The vehicle must be brought to all scheduled services.
If youre relicensed with a probationary licence or Alcohol interlocks with cameras were introduced in
learner permit, a zero BAC limit automatically applies 2015. They take a number of pictures during each trip,
so the Z condition wont be shown on the licence. for example when you blow into the interlock to start
the car. These pictures provide a record of whos driving
the vehicle. Its important that you sit in the right place
Step 3 - Installing and using an when you blow into the alcohol interlock so that the
alcohol interlock camera can take a clear full face image of you each time.
Unless the image clearly shows someone else blowing
Lease an alcohol interlock
into the interlock, itll be assumed that youre the driver.
Before driving again, youll need to sign an agreement
with an approved alcohol interlock supplier and have a
VicRoads approved alcohol interlock fitted to any vehicle Step 4 - Completing the alcohol
you drive. VicRoads recommends that you contact all interlock program
approved alcohol interlock suppliers to compare the VicRoads managed drivers have a minimum alcohol
cost of installing, leasing and servicing an interlock, the interlock period of six months. Court managed drivers
location of service agents and service arrangements. can have an interlock period of up to four years or more.
The approved alcohol interlock suppliers are: If youre unable to separate drinking from driving you
Draeger Safety 1300 780 689 may need to keep the interlock for a longer period.
Guardian Interlock Systems 1300 881 005
Removal of your alcohol interlock condition isnt
Smart Start 1300 256 900 automatic, you need to apply. The steps to apply for
Install and use an alcohol interlock removal are very different depending on whether your
Youll need to arrange for someone else to drive you alcohol interlock removal is managed by VicRoads or
to a service agent to have the alcohol interlock fitted. the Magistrates Court.

As soon as you install an approved alcohol interlock in Proving youve separated drinking from driving
your vehicle, youre participating in the Victorian Alcohol VicRoads and the courts look at the information recorded
Interlock Program. by your alcohol interlock in deciding whether you can
The service agent will train you to use the alcohol remove it.
interlock and provide you with the instructions. Anyone There are a number of rules that are used in deciding
else who drives the vehicle should also be trained to use whether youve successfully separated drinking from
the alcohol interlock and needs to follow the instructions. driving. VicRoads will apply these rules in the same way
Any driver of your vehicle fitted with the alcohol interlock to all drivers. Courts use the same rules but may take
will have to give an alcohol-free breath test before the other matters into account.
vehicle will start. The main rules are:
Whenever you use the vehicle the alcohol interlock 1. You need to drive the vehicle at least twice each
will record actions such as blowing into the interlock, month. If you dont, the month wont count towards
starting and turning off the engine. your progress.
2. If you dont drive the vehicle at all for six months in a
row youll need to restart collecting alcohol interlock
data again.

8 9
3. Take all breath tests the alcohol interlock asks for Requesting a review
and dont tamper with the interlock. VicRoads managed drivers can lodge a request for an
internal review if VicRoads doesnt remove the alcohol
4. To have your alcohol interlock condition removed
interlock condition.
you must have five recent months of breath tests
free of alcohol, and no records of tampering with the Application for direction
alcohol interlock. The five months dont need to be
If VicRoads doesnt remove your alcohol interlock
in a row if there are some months when you didnt
condition, you may be able to make an application
drive at all. However, all of your most recent months
for direction to a Magistrates Court.
of driving must be free of alcohol and attempts to
tamper with the interlock. This application can only happen at the end of your
minimum alcohol interlock period. The hearing can
If you dont follow these rules, removing your alcohol only consider whether any failed breath test on
interlock condition will be delayed. attempting to start the car was caused by you, and
The Alcohol Interlock Management System (AIMS) only if you have an alcohol interlock with a camera.
stores your alcohol interlock use and camera images. VicRoads will notify you if the outcome affects your
VicRoads uses this data to decide if youre eligible to alcohol interlock condition.
have your interlock removed.
Court managed
Courts will have the same data available to them as Preparing for your Alcohol Interlock Condition Removal
well as other information they require. Order hearing:
VicRoads managed 1. Visit a Magistrates Court to apply for a court hearing.
If youre VicRoads managed, VicRoads monitors your The Court will ensure that the hearing date is at least
alcohol interlock use. You can get information about 28 days after you lodge your application and about
your progress toward alcohol interlock removal and you two weeks after your alcohol interlock period ends.
can register to use AIMS to track your own progress.
2. Make sure you know what documents and reports
Contact the VicRoads Support Centre for the Victorian the Court will need and allow enough time for them
Alcohol Interlock Program on 1300 723 790 or via email to be prepared for your court hearing.
alcoholinterlocks@roads.vic.gov.au
3. The Court will advise the police, who may interview
If you believe the information about your progress is you before the hearing.
incorrect, for example showing that you attempted to
drink and drive when you didnt, you can ask VicRoads 4. Youll need to get an assessment report from an
to review these records. This review will be done at the accredited driver education agency. This report
time your removal application is being assessed. includes information about your alcohol interlock use.
The Magistrate uses the report in deciding whether
When youve used the alcohol interlock as required, your alcohol interlock condition should be removed.
apply to the VicRoads Support Centre for the Victorian
Alcohol Interlock Program to have your alcohol interlock 5. Give the alcohol interlock supplier your hearing
condition removed. Your application will be assessed. If date. Request the supplier to prepare a Compliance
successful youll receive in the mail an alcohol interlock Assessment Report (CAR) on your alcohol interlock
removal authority and a new licence without an I use. Sign a consent form to release the CAR to your
condition. This can take up to 10 business days. accredited assessor.
Your alcohol interlock service agent may ask to see your 6. If your offence was committed on or after 1 October
updated licence and the removal authority when you 2014, youll also need to get VicRoads to send an
have the alcohol interlock removed. AIMS report to your assessor. This report is called an
If your application for alcohol interlock removal is not Interlock Removal Criteria Report (IRCR) and it can
successful, VicRoads will contact you. only be sent after your alcohol interlock period has
ended. Your alcohol interlock use is reviewed
to include in the report prepared by your assessor
for court.

10 11
7. If there are failed breath tests or other events you Concessions
believe werent caused by you, you should discuss You may be eligible for reduced fees if you hold one
this with your assessor so this can be included in of the accepted concession cards.
your report. The Court will determine whether
youre responsible for them or not. Accepted concession cards
8. When the Court issues you with an Interlock Health Care Card or Pensioner Concession Card
Condition Removal Order (ICRO), take it to a issued by Centrelink.
VicRoads Customer Service Centre to have the Pensioner Concession Card or Gold Card issued
I condition removed from your licence. Youll be by the Department of Veterans Affairs (DVA).
issued with a licence receipt until your new licence
arrives in the mail. The concession card must be current and issued in your
name as the primary card holder and participant in the
9. You must carry the licence receipt when driving Victorian Alcohol Interlock Program.
until your new licence arrives.
Some exclusions apply
Youre not eligible for a concession for this program
Step 5 - Remove an alcohol interlock if you hold one of the following cards:
Take your vehicle to the alcohol interlock service agent
to have the interlock removed. The service agent may Health Care Cards for Carer Allowance and Foster
ask to see your removal order/removal authority and Care issued in the name of a child.
licence receipt. Veterans Affairs Gold Cards marked Dependant.

Costs Concessions apply to:


Youll need to allow for a number of costs. Make sure one vehicle per person
you know what these are. Costs include: the alcohol interlock installation fee and monthly
the fine for your offence service fee, only if the card is presented at the time
of payment
court hearing or application fees
the government cost recovery fee.
alcohol interlock supplier charges (installation,
monthly leasing and service, removal and
other charges) Medical exemption from an alcohol
government cost recovery fee (see below)
interlock condition
If you have a medical condition that prevents you from
driver education and assessment agency education using an alcohol interlock, visit the VicRoads website for
program and assessment report fees if applicable instructions on how to apply for an exemption or call
VicRoads driving history report (record of convictions) the VicRoads Support Centre for the Victorian Alcohol
fee if applicable Interlock Program on 1300 723 790.
Medical exemption will only be considered if a report
VicRoads licence reissue fee.
from a medical specialist provides evidence that you
Government cost recovery fee cant use an alcohol interlock. VicRoads will also assess
whether your health allows you to continue driving.
If youre in the Victorian Alcohol Interlock Program, youll
pay a monthly fee for the cost to run the Program.
The fee is paid at your regular alcohol interlock service
and its in addition to your monthly supplier charges.
Its collected by your service agent and then sent to
VicRoads.
Visit vicroads.vic.gov.au to find out the government
cost recovery fee amount.
12 13
Key contacts
The key websites and organisations referenced
in this brochure are listed in the table below.

Key organisations For more information on Contact via


referenced (Accessible via phone, online and located throughout
Victoria, in some Melbourne suburbs, key regional and
country centres)

DirectLine Accredited drink/drug driver DirectLine: 1800 888 236


education and assessment agencies
Key services administered by
the Department of Health &
Human Services
24-hour, 7-day counselling,
information and referral services in
Victoria for alcohol and other drugs

Magistrates Court Drivers Licence Eligibility Website: magistratescourt.vic.gov.au


Order Guide
Further advice via your local Magistrates Court
Location of the Magistrates
Court nearest to where you live

Relicensing Website: vicroads.vic.gov.au


Licence fees VicRoads Contact Centre: 13 11 71
Licence conditions TTY users: 13 36 77
Evidence of identity requirements Speak and Listen users: 1300 555 727
Location of your nearest Customer
Service Centre
Demerit point status
VicRoads
The Victorian Alcohol Support Centre for the Victorian Alcohol Interlock
Interlock Program Program available via phone or email:
Interlock medical 1300 723 790
exemption application alcoholinterlocks@roads.vic.gov.au
How to track your progress on
the Program
How to complete the Program
and get your alcohol interlock
condition removed

Victorian (VicRoads) Draeger Safety 1300 780 689


approved interlock
Guardian Interlock Systems 1300 881 005
device suppliers &
their service agents Smart Start 1300 256 900

14 15
VRPIN01735 09.16 95356 Authorised and published by VicRoads, 60 Denmark Street Kew Victoria 3101.

For more information


Visit vicroads.vic.gov.au or call 13 11 71 about the
VicRoads Getting your licence back brochure.
Call the VicRoads Support Centre for the Alcohol
Interlock Program on 1300 723 790 about the Victorian
Alcohol Interlock Program.
Disclaimer
This brochure is intended to provide general guidance only. The legal
requirements described are complex and change from time to time.
To understand your rights and obligations, refer to the Victorian Road
Safety Act 1986 and the Road Safety (Drivers) Regulations 2009 or
seek legal advice.
All information in this brochure is correct at the time of printing
and may be subject to change. The information is provided without
liability and without responsibility for its accuracy. VicRoads accepts
no responsibility for any loss incurred by any person as a result of
relying on information contained in this brochure.

16