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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 91I

Definitions for pt 3B

91I Definitions for pt 3B

In this part—

"alcohol ignition interlock" means a device that, when fitted to a motor vehicle, prevents the vehicle from being started unless the device is provided with a specimen of a person’s breath containing either no alcohol or less than a particular concentration of alcohol.

"approved" means approved under a regulation.

"approved servicing requirement" means a servicing requirement approved and published by the chief executive under section 91IA .

"disqualification period" see section 91J (1) .

"drink driving offence" means any of the following—

(a) an offence against section 78 (1) for which the offender was disqualified under section 78 (3) (j) from holding or obtaining a Queensland driver licence for a particular period;
(b) an offence against section 79 (1) , involving a motor vehicle, while under the influence of liquor;
(c) an offence against section 79 (1F) involving a motor vehicle;
(d) an offence under section 80 (11) , involving a motor vehicle, in relation to failing to provide—
(i) a specimen of breath for analysis; or
(ii) a specimen of blood for a laboratory test if the requisition to which the failure relates was made for the purpose of determining the concentration of alcohol (if any) in the person’s blood;
(e) an offence against the Criminal Code , section 328A (1) or (4) , involving a motor vehicle, when accompanied by the circumstance of aggravation that at the time of committing the offence the offender was adversely affected by alcohol;
(f) an offence against section 91W (1) for which paragraph (a) (i) or (ii) of the penalty for the offence applies;
(g) an offence against section 91X (1) ;
(h) an offence against section 79 (2) , (2A) , (2B) , (2J) , (2K) or (2L) involving a motor vehicle and committed within 5 years after the offender was previously convicted of—
(i) an offence against any of those provisions; or
(ii) an offence mentioned in any of paragraphs (a) to (g) .

"exemption certificate" see section 91R (3) .

"interlock" means an alcohol ignition interlock.

"interlock condition" see section 91K (1) .

"interlock driver" —
(a) means a person whose Queensland driver licence is subject to the interlock condition; and
(b) includes a person who has an interlock exemption.

"interlock exemption" means an exemption, granted under section 91Q , from the application of the interlock condition while the exemption has effect.

"interlock period" see section 91M .

"nominated vehicle" , for a person, means a motor vehicle nominated by the person under section 91L .

"nominated vehicle fitted with a prescribed interlock" , for a person, includes a vehicle fitted with an interlock in compliance by the person with a non-Queensland interlock requirement.

"non-Queensland interlock period" means the period during which a person, under a non-Queensland interlock requirement, may drive only a motor vehicle fitted with an alcohol ignition interlock.

"non-Queensland interlock requirement" means a requirement under, or imposed under, a law of another jurisdiction allowing a person to drive only a motor vehicle fitted with an alcohol ignition interlock during a particular period.

"prescribed interlock" means an approved interlock provided by a person who is an approved interlock provider and installed and maintained by a prescribed interlock installer.

"prescribed interlock installer" means a person with whom an approved interlock provider has an arrangement for the person to install or maintain approved interlocks provided by the provider.

"prescribed period" see section 91N (1) .

"servicing requirement" means a condition in an interlock agreement requiring a person to present the person’s nominated vehicle fitted with a prescribed interlock for servicing at stated intervals during the term of the agreement.


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