Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021

For the purposes of regulation 61(2)(a)(ii), an interlock is correctly serviced if each holder of the interlock licence who nominated the motor vehicle that has been installed with the interlock – takes the motor vehicle, in which the interlock is installed, to a service centre of the approved provider who installed the interlock; and is present at the service centre while the interlock is serviced; and performs any necessary action for the service to be completed, including providing a breath sample to validate that the interlock is working correctly; and complies with these regulations and any additional requirements of the MAIP in respect of the service, including intervals between services, and the payment of any fee payable at the service; and at the end of the service, signs a copy of the performance report provided, in respect of the service, to the holder of the interlock licence.

For the avoidance of doubt, if an interlock that identifies multiple users is installed in accordance with an approval under regulation 65, each holder of an interlock licence that nominated the motor vehicle – must arrange and attend a service of the interlock in accordance with this Part and the MAIP; and may arrange for the service to be held at the same time as, or at a different time from, another holder of an interlock licence that nominated the vehicle.

Subregulation (1)(b) does not apply to the holder of an interlock licence if another person – presents the vehicle, in which the interlock is installed, for service; and at that time, provides a valid medical certificate in respect of the holder of the interlock licence that specifies that the holder of the interlock licence is unfit to drive or to attend the service.

Despite subregulation (3), the holder of an interlock licence must not fail to attend 2 or more consecutive services, whether or not the holder of the interlock licence has a valid medical certificate for each service.

If the holder of an interlock licence is not present for the service of an interlock in her or her nominated vehicle in accordance with subregulation (3), the holder of the interlock licence complies with the requirement under subregulation (1)(e) to sign the performance report if, within 7 days after the service to which the performance report relates, the holder of the interlock licence – signs a copy of the performance report; and provides the signed copy of the performance report to the approved provider that performed the service.

A signed copy of a performance report under this regulation – is, unless otherwise proven, only taken to be evidence that the holder of the interlock licence – was – present at the time the interlock was serviced; or not required to be present at the time the interlock was serviced due to subregulation (3); and received a copy of the performance report; and is not evidence that the holder of the interlock licence agrees with, or accepts, the information contained in the report.