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Removing an alcohol interlock condition

A condition outlining that a person can only drive a vehicle that has an alcohol interlock installed. Approval from the Magistrates’ Court or VicRoads must be sought before the condition can be removed. 

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An alcohol interlock condition can be managed by the Magistrates’ Court or VicRoads. See the VicRoads website for information about VicRoads managed conditions.

The application to have a court managed condition removed is called an alcohol interlock condition removal order - AICRO.

The removal of an alcohol interlock condition may be delayed if you:

  • don’t drive the vehicle at least two times a month
  • don’t drive the vehicle at all for six months in a row
  • tamper with the alcohol interlock
  • fail an alcohol interlock breath test. 

The court can also ask about other matters even if the requirements above are met. An AICRO application may be struck if you do not attend court on the required date.

The steps below outline the general AICRO process. It does not cover all scenarios.

STEP 1 – Make an application

Visit your nearest Magistrates’ Court to make an AICRO application. The application is made in person to a court who will record your details and set a court hearing date at least:

  • 28 days after you have submitted an AICRO application; and
  • two weeks after the alcohol interlock condition period has ended.

The court will also advise the police of your application. You may need to attend a police station for an interview before the court hearing. There is no application fee. 

STEP 2 – Provide the court with documentation

Documentation required by the court is dependent on when the offence was committed.

On or after 30 April 2018

See the VicRoads website for information. 

On or after 1 October 2014 but before 30 April 2018

After your condition period ends and within 28 days of your court hearing date:

  • visit your alcohol interlock supplier – the approved agency that installed the interlock - and ask for the interlock’s data to be downloaded and a compliance assessment report sent to your nominated accredited agency - the assessor.
  • request your interlock removal criteria report from the VicRoads Alcohol Interlock Management System (AIMS). You must also ask VicRoads to send a copy to your assessor.

AIMS is an online management system that is used to complete the alcohol interlock program. See the VicRoads website for more information. 

  • get an assessment report from your assessor. Once you’ve been assessed, the report will be sent to the court on your behalf. The report helps the decide whether the condition should be removed. 

Before 1 October 2014

Within 28 days of your court hearing date:

  • visit your alcohol interlock supplier – the approved agency that installed the interlock - and ask for the interlock’s data to be downloaded and a compliance assessment report sent to your nominated accredited agency - the assessor.
  • get an assessment report from your assessor. Once you have been assessed, the report will be sent to the court on your behalf. The report helps the judicial officer decide whether the condition should be removed. 

STEP 3 – Attend court

Attend your court hearing and bring any documentation that supports your AICRO application. This may include:

  • an AIMS report
  • data from your alcohol interlock device 
  • an assessment report from your assessor.

If the judicial officer grants your AICRO application, you can take the order to a VicRoads customer service centre to have the condition removed from your licence.

Application for Direction - VicRoads

If VicRoads is managing your alcohol interlock condition, you can make an application for direction – the application. 

The application for direction can be made when the removal of an alcohol interlock condition has been refused by VicRoads due to:

  • data from the interlock device indicating an attempt to start a motor vehicle that failed as a result of the interlock detecting alcohol and
  • you are deemed responsible for the failed attempt.

To make an application for direction, the alcohol interlock device must have a camera.

The Magistrates’ Court is not required to determine who failed the attempt, just satisfied that the person responsible was not you.

If the application for direction is successful, you will need to return to VicRoads and make a further application to remove the alcohol interlock condition.

To make an application for direction, lodge at your nearest Magistrates’ Court:

  • a completed application for direction (Alcohol Interlock) form
  • a copy of the written notice from VicRoads about their decision not to remove the alcohol      interlock condition
  • evidence about the identity of the person who made the failed attempts 
  • any supporting documentation.

At least 28 days notification of the application for direction is required to be given to Victoria Police. 

Resources

This is not a full list of legislation associated with this topic. See the Victorian Government's legislation website for more information.

Q. Can I apply for an AICRO before my condition period has ended?

A.

Yes, but the court must set the hearing date at least 28 days after the application is lodged and two weeks after the alcohol interlock condition period has ended.  

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Last updated on 13 Dec 2018

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