Application for Direction (Alcohol Interlock)

An application for direction only applies to VicRoads managed participants – VicRoads imposed the alcohol interlock condition.  

This is an application to the Magistrates’ Court for a direction - to VicRoads - that the applicant was not responsible for a failed attempt to start a motor vehicle because the alcohol interlock prevented the vehicle from starting due to a detection of alcohol.

Note: Only those with an alcohol interlock which includes a camera are able to make an Application for Direction.

Determinations about violations for Court managed participants – Magistrates’ Court imposed the alcohol interlock condition – will be made at Court during the application to remove an alcohol interlock condition hearing.

When can I make an Application for Direction?

A participant may only make an application for direction to the Magistrates’ Court where they have applied to VicRoads to have their alcohol interlock condition removed from their licence and VicRoads has not granted the application for the following reason:

  • data from the interlock device indicates an attempt to start a motor vehicle that failed as a result of the interlock detecting alcohol; and
  • the participant is deemed responsible for the failed attempt.

The failed attempt is also known as a ‘violation’. Only violations recorded as part of starting the motor vehicle and detected alcohol are able to be the basis of an application for direction. A participant cannot make an application for direction if VicRoads does not grant the application to remove the alcohol interlock condition for any other reason.

How do I make an Application for Direction?

You will need to complete and a file an 'Application for Direction (Alcohol Interlock)' form with your local Magistrates’ Court, together with:

  • a copy of the written notice from VicRoads regarding their decision not to remove the alcohol interlock condition
  • data obtained from the interlock device relating to the failed attempt(s) that provides evidence (whether photographic or otherwise) as to the identity of the person who made the attempt (i.e. ‘Interlock Removal Report’ and any supporting documentation).

A minimum of 28 days notification of the application is required to be given to Victoria Police. As such, the date of hearing for your application will be listed at least 28 days after you file the application. The Court will fax a copy of the application and supporting documentation to the police.

You must attend court on the day of your application hearing, otherwise your application may be struck out.

What decision can the Magistrates’ Court make on an Application for Direction?

The Magistrates’ Court may direct VicRoads to treat the applicant as not having been responsible for the failed attempt or the Court may refuse the application.

For the direction to be made, the Court is not required to determine who the person is that was responsible for the failed attempt. The Court only needs to be satisfied that the identity of the person responsible for the failed attempt is not the applicant.

The Court will not determine whether the alcohol interlock condition should be removed. If the Court makes the direction above, the participant is to return to VicRoads and make a further application to remove the alcohol interlock condition under the administrative scheme.

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