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Can someone avoid an interlock by not driving?

Information about whether a person can simply not drive during the interlock period.

No. If a driver was allowed to get their licence re-issued subject to an interlock device being fitted to their vehicle they can't just not drive for this amount of time.

This is because they will need to apply to VicRoads at the end of their interlock licence period asking to have the interlock condition removed. When making the decision to remove an interlock, VicRoads will need to assess the data from the interlock device to decide if the driver has successfully separated drinking from driving.

Therefore, it may not be possible for a driver to be able to provide this information to VicRoads if they have not used a vehicle with an interlock condition attached during this period. This is a potential problem for someone who does not own a vehicle or who cannot afford the cost of an interlock.

Interlock must be fitted before relicensing

From 1 December 2019, most drivers will need to provide a certificate to VicRoads as evidence that they have already had the interlock device fitted to their vehicle before they apply to VicRoads to get another licence. This also applies to drivers who are applying to get a learner permit.

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 50AAA—direction to impose an interlock condition
  • s. 50AAAB—administrative scheme for removal of an interlock condition

See Road Safety Act 1986 (Vic)(opens in a new window).

Related page

Acknowledgement

This information confirmed by VicRoads, November 2019.

Updated