In NSW, the Court has the power to disqualify your drivers licence of you are convicted of an offence. In addition, the Court can also impose a mandatory interlock order which would reduce the disqualification imposed.

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How long can the Court disqualify you from driving?

The Court's power to disqualify a person from driving is provided under section 204 of the Road Transport Act 2013 (NSW). This power enables the Court to set a disqualification period as it sees fit in the circumstances, but subsection to other provisions with the legislation which provide for a minimum and maximum disqualification period. Sections 205 and 205A of the Road Transport Act 2013 (NSW) provides minimum, maximum and automatic disqualification periods for certain types of offences.

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What is a mandatory interlock order?

If the offence you are being sentenced for carries a disqualification period, the Court needs to determine whether an interlock order needs to be made. Section 211 of the Road Transport Act 2013 defines a mandatory interlock order as: 

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(1) A mandatory interlock order is an order that-

(a) disqualifies a person convicted of a mandatory interlock offence from holding any driver licence for a period, being-

(i) the minimum disqualification period for that kind of mandatory interlock offence, or

(ii) a longer period (not exceeding the maximum disqualification period for that kind of offence) specified by the court, and

(b) disqualifies the person from holding a driver licence (other than a learner licence or interlock driver licence) during the period of 5 years commencing on the day of the conviction unless the person has first held an interlock driver licence--

(i) for a period (or periods in total) equivalent to the minimum interlock period, or

(ii) for a longer period specified by the court.

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The effect of a mandatory interlock order being made is such that you would be permitted to drive sooner provided you obtain an interlock condition on your licence and install an approved interlock device on your motor vehicle.

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What is a "Mandatory Interlock Offence"?

There are specific types of offences that are considered "mandatory interlock offences", including:

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1. A second or subsequent offence for novice range drink driving.

2. A second or subsequent offence for special range drink driving.

3. A second or subsequent offence for low range drink driving.

4. A first, second or subsequent offence for mid-range drink driving.

5. A first, second or subsequent offence for high-range drink driving.

6. A first, second or subsequent offence of using,or attempting to use, a vehicle under the influence of alcohol or any other drug.

7. A first, second or subsequent offence of failing or refusing to submit to a breath analysis test.

8. A first, second or subsequent offence of failing or refusing to submit to the taking of a blood sample as per the directions of the sample taker.

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If you are convicted of a mandatory interlock offence, you should obtain legal advice about whether you are eligible for an exemption order and how a mandatory interlock order could impact the disqualification period on your licence. Contact KF Lawyers to speak with an experienced traffic lawyer and discuss your options.

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