Northern Territory Alcohol Ignition Lock Program

Transcription

1 Northern Territory Alcohol Ignition Lock Program

2 Background In the five years from 2003 to 2007 inclusive a total of 244 people lost their lives on NT roads. Alcohol was a factor in 118 (48%) of these deaths. The Northern Territory Government has introduced legislation requiring alcohol ignition locks (AILs) to be fitted to the vehicles of repeat drink drivers. Commencement is timed for 9 April 2009 to coincide with Easter. The relevant offences for which an AIL Period can be imposed by the Courts following a second or subsequent offence are: driving with a high range blood alcohol content (BAC of 0.15% or greater); driving with a medium range blood alcohol content (BAC of 0.08% or greater, but less than 0.15%); driving under the influence of alcohol or both alcohol and a drug; failing to provide a sufficient sample of breath for a breath analysis; failing to give a sample of blood for analysis; and driving with alcohol in the blood if the driver is subject to zero alcohol limit.

3 Alcohol Ignition Lock Devices An AIL is an electronic breath testing device connected to the ignition of a vehicle. Its function is to prevent the vehicle being started if the driver has been drinking. Before the ignition can be turned on, the AIL requires the driver to blow an adult volume of air in a certain way into the device. A microcomputer within the AIL analyses the breath sample for alcohol concentration. If the breath sample is below the pre-set alcohol limit, the vehicle can be started. In order to ensure that the driver remains sober throughout the journey, the AIL requires the driver to provide further breath samples at random intervals.

4 United States Experience Research indicates that: In most United States jurisdictions that have AIL legislation (44 States) the maximum take up rate of AILs is 10% of eligible offenders with two to three percent being the most common. An evaluation of 10 AIL programs in the United States and Canada concluded that the use of AILs reduced drink driving recidivism by at least 50% while the device was fitted to a vehicle. Note: Currently three Australian jurisdictions utilise AILs. One has a mandatory program (Vic since 2002) and two jurisdictions have voluntary programs (NSW since 2003 and SA since 2001) although South Australia is currently in the process of changing to a mandatory program. Statistical data is presently unavailable.

5 Process Driver appears in Court Court finds guilty of second or subsequent drink driving offence Court finds not guilty of second or subsequent drink driving offence Court imposes a mandatory disqualification period of 5 years or more Court imposes a mandatory disqualification period of less than 5 years. No further action taken. Not eligible for AIL licence at end of mandatory disqualification period Court then imposes an AIL period Drink driver applies for AIL licence at any time following completion of mandatory disqualification period Drink driver does not apply for AIL licence at any time following completion of mandatory disqualification period Drink driver has completed applicable Drink Driving Education course/s Drink driver has not completed applicable Drink Driving Education course/s Drink driver remains disqualified for AIL period Drink driver issued with AIL conditional licence Not eligible for AIL licence Drink driver contacts Supplier and arranges contract for installation and servicing of approved AIL AIL device fitted by Agent and training provided Return vehicle to Agent for scheduled servicing Return vehicle to Agent for unscheduled servicing Drink driver attends MVR and applies for issue of driver licence Drink driver contacts Supplier and arranges removal of AIL device

6 Operating Parameters Blood alcohol content (BAC) reading below 0.02%. First random retest 5 to 10 minutes after an initial test has been passed. Second and subsequent retests at 15 to 60 minute timeframes following first random retest. Low level lockout following a BAC of 0.02% but below 0.05% the AIL will disable ignition and prevent a further breath test for 5 minutes. High level lockout - if BAC is 0.05% or higher, the AIL will prevent a further breath test for 30 minutes. Free start timer within 3 minutes after an initial test has been passed, or after stalling, the driver can start the vehicle without providing a breath sample. Emergency override Due to remoteness and resultant lack of mobile telephone reception in many areas of the NT, an emergency override facility in compatible AILs will be made available to participants. The emergency override facility may be activated once only.

7 Breath samples Anti Circumvention Measures breath temperature Measures breath volume and pressure Breath technique (i.e. hum tone recognition) Sealed wiring Wiring and circuits are sealed to allow easy detection of tampering Running retests Require driver to provide random breath retests during journey Data recorder The AIL records each and every event and information is downloaded during scheduled servicing

8 Scheduled Servicing Servicing AILs First scheduled service of the AIL will be required 30 days after the AIL has been fitted to a vehicle. Subsequent scheduled services will be: 60 days where participant lives within 150km of a service agent 90 days for other participants. Violations of AIL Settings If the violation settings below are reached or exceeded, the vehicle must be serviced within 7 days: 10 failed initial breath tests in a month; 5 failed retests in a month; 5 refusals by a user in a month to take a retest; 5 initial tests of 0.05% BAC or higher in a month; and 1 use of the emergency override.

9 Subsidy Schemes Low Income Earner Subsidy To assist NT low income earners a subsidy on the installation, removal and monthly rental of the AIL will be available. To be eligible for the subsidy, a participant must: hold a valid Commonwealth (Centrelink) Health Care Card; be an NT resident; ensure the vehicle the AIL will be fitted to is currently registered; and be eligible to undertake the AIL Program. Only one subsidy can be claimed per participant Remote Assistance Subsidy Under the remote assistance plan, the supplier will reduce the sum of the hourly fee for participants living more than 150kms from an urban centre by $50 per unscheduled service for no more than three separate unscheduled services per year per participant.

10 Other Disqualifications and Suspensions A disqualification or suspension from driving for any reason will have the effect of ceasing an AIL licence for the period of the disqualification or suspension as follows: for a disqualification or suspension issued before the AIL licence is granted, the AIL licence may take effect only after the end of the disqualification or suspension period provided that the person has held a driver licence sometime during the 5 years immediately prior to their application. for a disqualification or suspension issued after the AIL licence is granted, the AIL licence is disqualified or suspended until the end of the disqualification or suspension period.