New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 213

213 Conversion of disqualification period of offender to whom interlock exemption order applies into interlock period

(1) This section applies to an offender to whom an interlock exemption order applies who has completed so much of the disqualification period applicable to the offender under section 205 as is equivalent to the minimum disqualification period that would have been required to be imposed on the offender under section 211(1)(a)(i) if the interlock exemption order had not been made.

(2) Transport for NSW may suspend the disqualification period applicable under section 205 to the offender by issuing an interlock driver licence to the offender under this section.

(3) Transport for NSW must not issue an interlock driver licence under this section unless--

(a) the offender satisfies Transport for NSW that there has been a change in the circumstances that existed when the interlock exemption order applying to the offender was made that makes the participation of the offender in an interlock program feasible or practicable, and

(b) any other requirements for issue of such an interlock driver licence under this Act have been satisfied.

(4) The issue of an interlock driver licence under this section operates to suspend the disqualification of the offender and convert so much of the disqualification period applicable under section 205 as has not been completed (the
"incomplete disqualification period" ) into a converted interlock period.

(5) The converted interlock period is the period--

(a) commencing on the day the interlock driver licence is issued, and

(b) ending on the later of the day on which--

(i) the disqualification period (or periods in total) equivalent to the incomplete disqualification period ends, or

(ii) the minimum interlock period (or periods in total) would have ended if a mandatory interlock order had been made against the offender.

(5A) The minimum interlock period referred to in subsection (5)(b)(ii) commences on the day on which the interlock driver licence is issued and excludes any period of disqualification that would have applied to the offender under section 211(1)(a) had the mandatory interlock order been made.

(6) The suspension under subsection (4) ceases to have effect before the end of the converted interlock period if the offender ceases to participate in an interlock program.

Note : Section 215(2) provides for cessation of participation in an interlock program.

(7) If such a suspension ceases to have effect, the offender is disqualified from holding a driver licence (other than an interlock driver licence or a learner licence) until the day on which a period of 5 years commencing on the day the offender was convicted of the relevant mandatory interlock offence ends.