Exemption from, or removal of, alcohol interlock condition on medical grounds
50AAAD Exemption from, or removal of, alcohol interlock condition on medical grounds
In this section—
recognised speciality has the same meaning as in the Health Practitioner Regulation National Law (Victoria);
specialist health practitioner has the same meaning as in the Health Practitioner Regulation National Law (Victoria).
S. 50AAAD(2) amended by No. 49/2019 s. 116(Sch. 1 item 99(a)).
The Secretary, in the circumstances set out in subsection (3), may—
S. 50AAAD(2)(a) amended by No. 49/2019 s. 116(Sch. 1 item 99(b)).
exempt a person from any requirement imposed by a court or this Act that a driver licence or learner permit may only be granted by the Secretary to that person subject to an alcohol interlock condition; or
S. 50AAAD (2)(b) amended by Nos 70/2016 s. 15, 49/2019 s. 116(Sch. 1 item 99(b)).
at any time remove an alcohol interlock condition imposed by the Secretary on a person's driver licence or learner permit, whether under section 31KA or 31KB or because of an alcohol interlock condition direction given by the Magistrates' Court.
S. 50AAAD(3) amended by Nos 5/2016 s. 36(Sch. 1 item 21), 49/2019 s. 116(Sch. 1 item 99(a)).
The circumstances are that the holder of the driver licence or learner permit has made an application to the Secretary—
S. 50AAAD(3)(a) amended by No. 49/2019 s. 116(Sch. 1 item 99(a)).
in the form approved by the Secretary; and
accompanied by a report from a specialist health practitioner in an appropriate recognised speciality setting out details of any medical condition of the applicant relevant to the use of an approved alcohol interlock together with particulars of the applicant's lung capacity; and
accompanied by any other things that are prescribed; and
that otherwise complies with the regulations.
S. 50AAAD(4) amended by No. 49/2019 s. 116(Sch. 1 item 99(a)).
The Secretary may only act under subsection (2) if satisfied, on the basis of a report referred to in subsection (3)(b), that the person's medical condition is such as to prevent him or her being able to use an alcohol interlock.
S. 50AAAD(5) amended by No. 49/2019 s. 116(Sch. 1 item 99(a)), repealed by No. 34/2023 s. 43.
* * * * *
S. 50AAAD(6) amended by Nos 5/2016 s. 37(Sch. 2 item 6), 49/2019 s. 116(Sch. 1 item 99(a)).
Nothing in this section prevents the Secretary from requiring the applicant to undergo a test or assessment under section 27 to determine whether he or she is unfit to drive motor vehicles or a category of motor vehicles.
This section has effect despite anything to the contrary in this Part.
S. 50AAAE inserted by No. 7/2019 s. 18.
This provision refers to the regulations (the regulations
). Made under this Act:
- Road Safety (Automated Vehicles) Regulations 2018 · under section 95
- Road Safety (Drivers) Regulations 2019 · under section 95
- Road Safety (Driving Instructors) Regulations 2020 · under section 95
4 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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