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TRANSPORT LEGISLATION (ALCOHOL IGNITION LOCKS) AMENDMENT BILL 2008
SERIAL NO. 9

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR INFRASTRUCTURE AND TRANSPORT

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Transport Legislation (Alcohol Ignition Locks) Amendment Bill 2008 amends the Motor Vehicles Act and Traffic Act to create provisions that allow repeat drink driving offenders to be required to install an alcohol ignition lock (AIL) in their vehicles as part of their penalty for drink driving.

The Bill pulls together those items requiring changes to legislation in order to implement the alcohol ignition lock program.  These include:
o	The use of an AIL as an additional mandatory sentencing requirement for second and subsequent offenders for:
§	high (0.15 and over) and mid range (0.08 to 0.15) alcohol offences;
§	zero alcohol offences involving drivers who are under 25 or on 
P-Plates;
§	refusing to provide a breath or blood sample; and 
§	driving under the influence of alcohol.
o	AILs not being available for people who have been unlicensed for five years or more, whether it is because they have been disqualified, have not held a licence or their licence has lapsed and not been renewed, or a combination of factors (including licence suspension for any reason). The reason being that under existing legislation, these people have to recommence the licensing system as an entry level driver, that is, apply for a Learner’s licence and progress through the various licensing stages again.
o	Addressing anomalies between the Motor Vehicles Act and Traffic Act about the requirement to carry your licence. The amendment will require the compulsory carriage of licence whilst retaining the reasonable excuse defence.
o	Establishing the provisions for the Registrar of Motor Vehicles to grant an application for an AIL licence to drive a vehicle fitted with an AIL.
o	New penalties including non-compliance with the AIL licence and tampering with the AIL.

NOTES ON CLAUSES

PART 1	PRELIMINARY MATTERS
Clause 1.	Short Title

The Bill when passed will be cited as the Transport Legislation (Alcohol Ignition Locks) Amendment Act 2008.

Clause 2.	Commencement

The Bill will commence on a date fixed by the Administrator and notified in the Gazette.

PART 3	AMENDMENT OF MOTOR VEHICLES ACT
Clause 3.	Act Amended

This part amends the Motor Vehicles Act.

Clause 4.	Amendment of section 5 (Interpretation)

This clause defines the meaning of new terms required for the interpretation of provisions dealing with alcohol ignition locks (AIL) to be inserted in the Motor Vehicles Act.  AIL licence, approved AIL and approved supplier and AIL vehicle are either defined in section 5 or by reference to other sections. suspension notice and suspension period referred to in the new sections are defined by reference to section 26 (Definitions), of Part III (Demerit Points Scheme), and AIL or alcohol ignition lock, AIL period, and mandatory period are defined by reference to sections of the Traffic Act

Clause 5	Amendment of section 8A (Registrar may grant 	exemption)

In this clause, a new subsection 8A(5) is inserted after section 8A(4) to allow the Registrar of Motor Vehicles (Registrar) to exempt a person who is a resident of the Territory from holding a Northern Territory (NT) licence for a specified period if that person holds a valid AIL licence granted in an interstate jurisdiction.  The Registrar requires this power as existing interstate AIL licences are not readily converted to an NT AIL licence because of inconsisitencies between state and territory laws for AIL sentencing and licence conditions.

Clause 6	Amendment of section 10 (Granting of licences)

In subclause 1, section 10(1) AIL vehicle has been added to commercial passenger vehicle and heavy vehicle as an additional vehicle type that the Registrar can not grant a person a licence to drive under that general section. section.  Special provisions in later subsections deal with the granting of licences for these vehicle types.

Sub-clause 2 adds five new subsections after subsection 10(4.

New subsection (4A) defines how the Registrar may grant a person’s application for an AIL licence to drive an AIL vehicle where that vehicle is not a commercial passenger vehicle as defined in the Commercial Passenger (Road) Transport Act (eg a taxi, minibus, motor omnibus etc) and that the vehicle is fitted with an AIL and the vehicle is of the class specified on the applicant’s licence.

New subsection (4B) defines that the Registrar may only grant an AIL licence where the person is disqualified from obtaining a licence because they were convicted of a particular offence under the Traffic Act where the AIL disqualification applies.  That the Registrar may only grant an AIL licence providing that the person making the application has held a licence to drive a motor vehicle within five years immediately before they make the application for an AIL licence.  That the Registrar is satisfied that the Motor Vehicles Act does not prevent the Registrar from granting an AIL licence.  A note to this sub-section draws attention to sections 102 and 102AA where there are grounds for the Registrar to refuse to grant a licence.

New subsection (4C) defines that the AIL licence must be for the same class of vehicle that the applicant’s previous licence related to and that the AIL licence is subject to the same conditions as the previous licence, (for example to wear corrective lenses while driving) and any other conditions that relate specifically to an AIL that are prescribed in regulation.  That the AIL licence has effect from the granting of the AIL licence to the end of the AIL period and that the AIL licence cannot be renewed but is valid for the entire AIL period, including all extensions of the AIL period because of intervening licence suspensions.

New subsection (4D) defines the operation and application of licence suspension notices issued to a person during either the mandatory licence disqualification period or the AIL period, whether before or after the granting of the AIL licence.  If a licence suspension period applies to a person under a suspension notice issued on or before the grant of the AIL licence, the AIL licence is to take effect after the end of the licence suspension period.  If a licence suspension period applies to a person under a suspension notice issued after the AIL licence is granted, that AIL licence is suspended during the suspension period, and the AIL licence has effect until the end of a period that immediately follows the licence disqualification period, and is equal to the total of each suspension period covered in either above situation.

New subsection (4E) provides for the Registrar via notice in the Gazette to approve an AIL and a supplier of an AIL or the services relating to an AIL.

Clause 7	Amendment of section 104 (Duration of licences may be 	shorter)

After section 104(3), a new subsection 104(4) is inserted that excludes the provisions of this section from applying to an AIL licence.  This provides for the Registrar to grant AIL licences for durations that reflect the applicable AIL periods, that may be less than 12 months or otherwise outside the legislated period for granting a licence.

Clause 8	Repeal and substitution of section 113

This clause repeals section 113 and replaces it with a new section 113.

Section 113 is now titled Requirement to produce licence and give information

Subsection (1) of this clause requires that a driver of a motor vehicle must immediately produce their licence to the Registrar or an inspector or police officer when requested to do so.  A maximum penalty of 20 penalty units ($2200) applies for any court imposed conviction.  Under Regulation the current traffic infringement notice penalty of $50 for ‘fail to produce licence when requested’ will be retained.

Subsection (2) in this clause requires that the driver of a motor vehicle must state their name and address to an inspector or police immediately after being requested to do so.  A maximum penalty of 20 penalty units ($2200) applies for any court imposed conviction.  A traffic infringement notice offence for ‘failing to state name and address when requested’ will be added to Regulation using the same penalty amount for ‘fail to produce licence when requested’.

Subsection (3) of this clause provides a defence to a prosecution for an offence against subsection (1) or (2) if the defendant establishes a reasonable excuse.  The new section 113 removes the provision that allows a driver, with a reasonable excuse, 3 days to produce their licence at the office of the Registrar or as directed.

PART 3	AMENDMENT OF TRAFFIC ACT
Clause 9.	Act Amended

This part amends the Traffic Act.

Clause 10	Amendment of section 19 (Interpretation)

In subclause 1, Section 19(1) defines the meaning of new terms required to administrate alcohol ignition locks or AIL in the Traffic Act and Motor Vehicles Act as appropriate.  In this section, AIL or alcohol ignition lock is defined as a device that is fitted to a motor vehicle that will prevent the starting of the vehicle unless a breath sample of a person is given through the device and that the sample of breath indicates that the person has a blood alcohol content of less than 0.02%. 
AIL period and mandatory period are defined in the appropriate sections of the Traffic Act.

In subclause 2 after section 19(5), a new subsection 19(6) has been inserted that defines that in this Part, a reference to a period for which a person is disqualified to obtain a licence, is a reference to a period decided by the court ordering the licence disqualification.

Clause 11	Amendment of section 21 (High range blood alcohol content)

In this clause, section 21(3) is amended such that where a court has found a person guilty of a second or subsequent offence, the person is disqualified from obtaining a licence for mandatory period, that is at least 18 months and where the mandatory period is less than five years, at the end of that period the person will be restricted to driving under an AIL licence for an additional period (AIL period) of at least 12 months and not more than three years.

New Note 1 to section 21(3) states that the person may be able to drive a motor vehicle fitted with an AIL during the AIL period after being disqualified for the mandatory period with reference to new sections 29AAYB (Application of Division) and 29AAYC (Effect of holding AIL licence).

New Note 2 to section 21(3) states that if the mandatory period is five years or more, no AIL period applies to the person and the person does not have the benefit (or burden) of obtaining an AIL licence.  Under existing licensing policy, after not holding a licence for five years or more, a person must begin the licensing system as an entry level (Learner) driver, and AIL licences will not be available for learner drivers.

Clause 12	Amendment of section 22 (Medium range blood alcohol content)

In this clause, section 22(3) is amended such that where a court has found a person guilty of a second or subsequent offence, the person is disqualified from obtaining a licence for a mandatory period, that is at least 12 months and where the mandatory period is less than five years, at the end of that period the person will be restricted to driving under an AIL licence for an additional period (AIL period) of at least 12 months and not more than three years.

Notes 1 and 2 to section 22(3) are the same as for the Notes 1 and 2 to section 21(3) in Clause 11 above.

Clause 13	Amendment of section 24 (Some drivers to be zero 	alcohol)

In this clause, section 24(5) is amended such that where a court has found a person guilty of a second or subsequent offence, the person is disqualified from obtaining a licence for mandatory period that is, at least six months and where the mandatory period is less than five years, at the end of that period the person will be restricted to driving under an AIL licence for an additional period (AIL period) of at least six months and not more than three years.

Notes 1 and 2 to section 24(5) are the same as for the Notes 1 and 2 to section 21(3) in Clause 11 above.

Clause 14	Amendment of section 25 (Driver of certain vehicles to 	be zero alcohol)

In subclause 1 for section 25(6), the words “a person” are omitted and substituted with “a person who is not covered by subsection 2”.

In subclause 2 after section 25(6), a new subsection 25(6A) is inserted such that if the court finds a person covered by subsection (2) (being a person under the age of 25 years, and who has not held a licence to drive a motor vehicle for a continuous period of 3 years) guilty of a relevant offence, that is a second or subsequent offence, the person’s licence to drive is automatically cancelled and the person is disqualified from:

·	for a second offence: obtaining a licence for mandatory period that is, at least three months and where the mandatory period is less than five years, at the end of that period the person will be restricted to driving under an AIL licence for an additional period (AIL period) of at least six months and not more than three years.

·	for a subsequent offence: obtaining a licence for mandatory period that is, at least six months and where the mandatory period is less than five years, at the end of that period the person will be restricted to driving under an AIL licence for an additional period (AIL period) of at least six months and not more than three years.

Notes 1 and 2 to section 25(6A) are the same as for the Notes 1 and 2 to section 21(3) in Clause 11 above.

Clause 15	Amendment of section 29AAA (Driving under the 	influence)

In this clause:
·	section 29(3) has been amended to restrict the current licence disqualification; periods to offences involving driving under the influence of drugs; and
·	section 29AAA(3A) has been added for offences that involve driving under the influence of alcohol or a combination of alcohol and drugs .
Where a court finds a person guilty of a second or subsequent offence that involves the consumption of alcohol or a combination of alcohol and a drug,, the person will be disqualified from obtaining a licence for a mandatory period that is at least 12 months, and where the mandatory period is less than five years, the person will be restricted to driving under an AIL licence at the end of the mandatory period for an additional period (AIL period) for a minimum of 12 months and a maximum of three years.

Notes 1 and 2 to section 22(3) are the same as for the Notes 1 and 2 to section 21(3) in Clause 11 above.

Clause 16	Amendment of section 29AAE (Offence of failing to 	submit to breath analysis)

In this clause, section 29AAE(3) is amended such that where a court has found a person guilty of a second or subsequent offence, the person is disqualified from obtaining a licence for mandatory period that is, at least 18 months and where the mandatory period is less than five years, at the end of that period the person will be restricted to driving under an AIL licence for an additional period (AIL period) for a minimum of 12 months and a maximum of three years.

Notes 1 and 2 to section 22(3) are the same as for the Notes 1 and 2 to section 21(3) in Clause 11 above.

Clause 17	Amendment of section 29AAH (Offence of failing to 	provide blood sample)

In this clause, section 29AAH(3) is amended such that where a court has found a person guilty of a second or subsequent offence, the person is disqualified from obtaining a licence for mandatory period that is, at least 18 months and where the mandatory period is less than five years, at the end of that period the person will be restricted to driving under an AIL licence for an additional period (AIL period) for a minimum of 12 months and a maximum of 3 years.

Notes 1 and 2 to section 22(3) are the same as for the Notes 1 and 2 to section 21(3) in Clause 11 above.

Clause 18	New Part V, Division 9

This clause creates a new Division in Part V after section 29AAY titled Division 9 Alcohol Ignition Locks.

In this clause, new section 29AAYA (Objects of Division) describes the object of this new Division to enable people disqualified from obtaining a licence under this Part to drive an AIL vehicle after the end of the mandatory period of the licence disqualification imposed by the courts.

In this clause, new section 29AAYB Application of Division describes that the Division applies to a person that is disqualified from obtaining a licence because of the AIL related sections of the Traffic Act and that the person has been granted an AIL licence under the Motor Vehicles Act.

In this clause, new section 29AAYC Effect of holding licence provides for a person to drive an AIL vehicle at a public place or on a public street while the AIL licence has effect despite any other provisions of the Traffic Act.  The Note to this section describes that AIL licence has effect for the remains of the AIL period and makes reference to sections 10(4C) and (4D) of the Motor Vehicles Act, being sections that allow for the AIL period to be extended because of intervening licence suspension period(s).

In this clause, new section 29AAYD Offences creates six new offences concerned with the legal operation of an AIL and AIL licence.

Subsection 1 creates an offence that while the AIL licence has effect, a person must not drive a motor vehicle in a public place or street if the vehicle is not an AIL vehicle.  The maximum penalty for this offence is imprisonment for 12 months.

Subsection 2 creates an offence that while the AIL licence has effect, a person must not drive an AIL vehicle in a public place or street if the AIL fitted to the vehicle is not functioning properly and the person knows that the AIL is not functioning properly.  The maximum penalty for this offence is imprisonment for 12 months.

Subsection 3 creates an offence that while the AIL licence has effect, a person must not drive an AIL vehicle in a public place or street if the AIL fitted to the vehicle is disengaged or in a way that would hamper the proper functioning of the AIL.  The maximum penalty for this offence is imprisonment for 12 months.

Subsection 4 creates an offence that a person must not contravene a condition of the AIL licence.  The maximum penalty for this offence is 20 penalty units ($2200).

Subsection 5 provides that if the courts find a person guilty of an offence against subsection 1, 2 or 3, their AIL licence is automatically cancelled and the person is disqualified from obtaining a licence for the rest of the AIL period.

Subsection 6 provides that an offence against subsection 1, 2 or 3 is an immediate suspension offence, therefore enabling Police to immediately suspend an offender’s licence upon detection of the offence.

Clause 19	Amendment of section 31 (Driving while disqualified)

This clause amends section 31 to make it clear that during an applicable AIL period: 
·	a person cannot apply for any licence other that an AIL licence; and 
·	it is an offence to driving a motor vehicle other than under an AIL licence. 
The maximum penalty for driving other than under an AIL licence is the same as that which applies for the offence of driving while disqualified (12 months imprisonment). 

Clause 20	Amendment of section 51 (Regulatory offences)

In this clause, section 51 is amended and the new section 29AAYD(2) is inserted, such that a contravention or failure to comply with section 29AAYD(2) is not a regulatory offence.  For an offence under section 29AAYD(2), a person on an AIL licence must knowingly drive an AIL vehicle in a public place or street with an AIL that is not functioning properly.