Interlocks – Driving Law

Interlocks and Work Licences

Steven Brough — Tue, 17 Oct 2023 12:28:00 +0000

If you need to apply for a work licence will you need to install an interlock? and what happens if you need a work licence but cannot install an interlock?

What is a work licence?

In Queensland, a work licence allows you to drive for work purposes even if you’ve been charged with an offence of drink driving or drug driving. This licence may be requested if your job requires regular driving, or if it’s a necessary condition of your employment, and not having a licence risks your job, potentially leading to financial hardships.

Eligibility for a work licence is determined based on several factors:

You must hold a current Queensland open driver licence at the time of applying for a work licence.
You need to have held a Queensland open driver licence at the time of the offence.
At the time of the offence, you cannot have been driving for your employment or work purposes.
You can’t have been convicted of any drink or drug driving offence, anywhere, or failed to provide blood or breath sample in the last five years.
You can’t have been disqualified from holding a licence, had your licence disqualified, suspended or cancelled in Queensland in the last five years.
You can’t have been convicted of dangerous driving in Queensland in the last five years.
Your blood alcohol concentration level must have been recorded to be below 0.15%.
At the time of offence, you should not have been driving under a licence that required your blood alcohol concentration to be zero.

Your work licence may have certain restrictions imposed, such as the time and purpose of driving, the type of vehicle that you can drive, the carrying of passengers while driving, and the period that the work licence is issued for.

Applications for work licences should be made to the Magistrates Court that is to hear the drink or drug driving offence. This application needs to be made before a plea of guilty is made.

Learn more about work licences

What is an interlock?

An interlock device in Queensland is a device connected to a vehicle’s ignition. To start the vehicle, the driver must provide a breath sample. The vehicle only starts if no alcohol is detected. A random breath sample may be requested during a journey. The interlock records data including all breath samples (including when the vehicle doesn’t start), when the vehicle is used, and interlock service information.

The Alcohol Ignition Interlock Program applies to drivers who are convicted of high-range or mid-range drink driving offences. You need to participate in the interlock program if you are convicted of any of the following offences:

Drive, or attempt to put in motion or be in charge of a vehicle under the influence of alcohol
Drive, or attempt to put in motion or be in charge of a vehicle with a blood/breath alcohol concentration of 0.15 or more, or 0.10 or more (offences committed on or after 10 September 2021)
Failing to provide a blood/breath specimen for analysis
Dangerous driving while affected by alcohol
Two or more low drink driving offences within the past five years.

You need to have an interlock device installed in the vehicle you drive during your time in the interlock program. If you are required to drive multiple vehicles for work or other purposes, each vehicle must be fitted with the interlock device.

It is an offence to drive a motor vehicle that is not fitted with an interlock where the driver is subject to an interlock condition.

How does an interlock work?

An alcohol ignition interlock device operates in the following way:

If your offence was low range then no you don’t need to install an interlock.

If your offence was mid-range drink driving then yes you must install an interlock before you can start driving under a work licence.

What if I can’t install an interlock under a work licence?

If it is not possible to install an interlock on each vehicle that you need to drive under a work licence then you should seriously consider not applying for a work licence.

If you are a mid range drink driver and apply for a work licence but cannot install the interlock then you will not be able to drive under the work licence. Worse is that if you cannot get an interlock installed but applied for work licence then the court likely gave you a longer disqualification then if you had not applied for a work licence.

How do I decide whether to apply for a work licence or not?

Trying to decide whether to apply for a work licence or not, if your offence was mid range drink driving, can be hard. You really need to look at the following:

Work out what vehicles you would need to drive under a work licence.
Speak to your employer about whether they would be willing to install an interlock in those vehicles (don’t forget you need to install an interlock in all vehicles you drive including the vehicle you drive to and from work even if that vehicle is owned by you).
Speak to an experienced traffic lawyer to find out if you can apply for a work licence. Also find out from your lawyer how long your disqualification would be with and without a work licence.
Make a decision whether to apply for a work licence.

Can I get an interlock exemption?

There are only very limited grounds to seek an exemption from the requirements to install an interlock. The exemptions are:

Use our contact form and we will contact you by email or phone at a time that suits you
Call us on 1300 952 255 seven days a week, 7am to 7pm
Click here to select a time for us to have a free 15 minute telephone conference with you
Email steven@claritylaw.com.au
Send us a message on Facebook Messenger
Click the help button to the right and leave us a message

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about drink driving.

You won’t be chased or hounded to engage us. Remember its critical you get advice before going to court, a drink driving charge no matter the reading will have an impact on you, your family and your employment or business.

Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Work licence lawyers page.

Exemptions to Installing an Interlock After a Drink Driving Offence in Queensland

Steven Brough — Thu, 27 Jul 2023 12:01:00 +0000

If you have been convicted of a mid range or high range drink driving offence (or 2 low range drink driving charges in 5 years) in Queensland, you will be required to install an alcohol interlock in your vehicle. However, there are some legal exemptions to this requirement.

The following are the legal exemptions to installing an interlock after a drink driving offence in Queensland:

You live in a remote location.
You live on an island.
You have a medical condition that prevents you from providing a breath sample.
Your family will experience severe hardship if you are not granted an exemption.

An interlock exemption cannot be granted if you are unable to install the interlock for employment, education or financial reasons.

You live in a remote location

If you live more than 150 kilometres from the nearest interlock installer, you may be exempt from installing an interlock.

The application must provide proof you live in a remote location by providing one of the following

Lease/rental document
Mortgage/land ownership certificate
Electricity/gas/telephone account
Rates notice
Land tax valuation notice
Australian Tax Office notice
Australian Electoral Enrolment letter
Services Australia (Centrelink/Medicare/Child support) letter

You live on an island

If you live on an island that is not linked to the mainland by bridge, you may be exempt from installing an interlock.

The application must provide proof you live on an island by providing one of the following;

Lease/rental document
Mortgage/land ownership certificate
Electricity/gas/telephone account
Rates notice
Land tax valuation notice
Australian Tax Office notice
Australian Electoral Enrolment letter
Services Australia (Centrelink/Medicare/Child support) letter

Certain islands are excluded from the exemption including;

Coochiemudlo Island;
Fraser Island;
Karragarra Island;
Lamb Island;
Macleay Island;
Magnetic Island;
North Stradbroke Island;
Orpheus Island;
Russell Island.

You have a medical condition that prevents you from providing a breath sample

If you have a medical condition that prevents you from providing a breath sample, you may be exempt from installing an interlock.

You will need your doctor to complete an Alcohol Ignition Interlock Program – Medical Certificate for Interlock Exemption Application (form F4864).

Your family will experience severe hardship if you are not granted an exemption

If your family will experience severe hardship if you are not granted an exemption, you may be exempt from installing an interlock.

The law states that an exemption could be considered where:

refusal to grant the exemption would cause severe hardship to the applicant in a way other than by preventing the applicant from driving—

to or from, or in the course of, the applicant’s employment;

Its critical to remember that the family hardship exemption does not apply to the fact the driver or the family member won’t be able to work, drive to their educational facility or for financial reasons. This means you can’t get an exemption if you wanted to drive a family member to their university.

The types of reasons you might seek an exemption for family hardship reasons could include;

only one vehicle is reasonably available to you or your family member and the family member has a medical reason for why they cant provide a sample of their breath
not being granted an interlock exemption would cause you or your family member severe hardship
no other transport is reasonably available to you or your family member

“Severe hardship” isn’t defined in the act. Generally, it might be thought that severe hardship refers to a situation in which a person’s life will be made significantly difficult or unpleasant. The key is its just not hardship its severe hardship. Severe is defined as generally “very bad, serious, or intense”. It can also mean “extreme” or “grave.”.

Evidence might need to include statutory declaration for family members, ownership records of any motor vehicles owned by family members, letter from an interlock installer saying an interlock can’t be installed etc

How do I apply for an alcohol interlock exemption?

If you believe you can apply for an exemption then it can be done in the following ways;

Online through this link
In person at a TMR location using form F4862 – Alcohol Ignition Interlock Program – Interlock Exemption Application. The form can be download here

Here are some additional things to keep in mind about interlock exemptions

The exemptions are limited, and they are rarely granted and almost all people won’t be able to apply for an exemption.
You must apply for an exemption before your interlock program starts.
You must provide evidence to support your application for an exemption.

If you are granted an exemption from installing an interlock, you will still be subject to other penalties for your drink driving offence. These penalties will include a fine, a period of disqualification from driving, and a requirement to complete a drink driving course.

Can you help me with an interlock exemption?

No, Unfortunately as the application isn’t heard in court but decided by TMR we can’t assist on applying for exemption but we can help with any drink driving charge.

The information here is provided just to give our clients and other people needing to install an interlock more information.