This is one of the most pressing practical questions for people on the NSW Alcohol Interlock Program: “My job requires me to drive a work vehicle — do I need an interlock in that too?”
The answer, under NSW law, is clear — but there are important nuances depending on your job and circumstances.
The General Rule: All Vehicles Need an Interlock
Under the NSW Road Transport Act, an interlock condition applies to your driver’s licence — not to a specific vehicle. This means you are prohibited from driving any motor vehicle that does not have an approved interlock device fitted and operational.
This includes:
- Your personal car
- A company or work vehicle registered in your employer’s name
- A hire car or rental vehicle
- A friend’s or family member’s car
- Any other motor vehicle on a public road
There is no automatic work vehicle exemption in NSW.
The Work-Related Interlock Exemption
However, NSW law does allow for a specific exemption called the Work-Related Exemption, which permits an employee to drive an employer’s vehicle without an interlock in certain circumstances.
Eligibility Criteria
To qualify, all of the following must apply:
- You are employed — you must be a genuine employee (not self-employed or a contractor)
- Driving is essential to your job — not merely convenient, but a core requirement
- Your employer owns the vehicle — you cannot own the vehicle yourself or hold it in a business you control
- Your employer does not consent to an interlock being fitted — the employer must confirm in writing that they do not permit modification of their vehicle
- You are sober — the exemption only applies to the act of driving without a fitted device; you must still have zero alcohol in your system
How to Apply
You must apply to the Local Court for a work-related exemption order. This involves:
- Obtaining a letter from your employer confirming your role, the need to drive, and their refusal to permit device installation
- Filing an application at the Local Court
- Appearing before a magistrate who will consider whether the exemption is warranted
The court has discretion — it is not automatic. If granted, the exemption specifies the vehicles you may drive and the conditions that apply.
What If You’re Self-Employed?
Self-employed people, sole traders, and directors of companies they control are not eligible for the work-related exemption. The exemption was designed specifically for employees who have no control over their employer’s fleet.
If you are self-employed and driving is essential to your work, speak to a traffic lawyer about your options — which may include an interlock exemption order on other grounds, or having the device fitted to your work vehicle.
What Are the Penalties for Driving Without an Interlock?
Driving while subject to an interlock condition without a fitted device is a serious criminal offence in NSW. Penalties include:
| Offence | Maximum Penalty |
|---|---|
| Drive motor vehicle without interlock (first offence) | $3,300 fine + 6-month gaol |
| Drive motor vehicle without interlock (second or subsequent) | $5,500 fine + 12-month gaol |
| Automatic licence disqualification | Minimum 12 months |
Additionally, the court may reset or extend your interlock period, meaning you serve the full mandatory term again from scratch.
These penalties are applied on top of any existing disqualification — the consequences of being caught are severe.
Can Your Employer Be Penalised?
If an employer knowingly allows a person subject to an interlock condition to drive their vehicle without a device, the employer may also face liability. Employers should always verify the licence conditions of employees who drive company vehicles.
What About Interstate Travel?
Your NSW interlock condition applies to you anywhere in Australia. If you drive in another state without an interlock, you are still in breach of your NSW licence condition. Some states have reciprocal arrangements that would also apply local penalties.
Practical Advice
If your job requires you to drive and you’re on the interlock program:
- Do not just assume you’re exempt — the consequences of getting it wrong are severe
- Speak to a traffic lawyer before driving any vehicle without a fitted interlock
- Apply for the work exemption if you meet the criteria — it is a legitimate pathway
- Consider having the interlock fitted to your work vehicle — many employers, once they understand the legal obligation, agree to allow it
Questions About Your Situation?
The team at Interlock Sydney deals with work-related interlock questions regularly. We can install a device in your work vehicle (with your employer’s consent), and we’re familiar with the process for helping people understand their obligations.
Contact us or call 02 9398 8817 — we’re here to help.
Sources & References
The legal and regulatory information in this article is based on the following official sources:
- NSW Road Transport Act 2013 — legislation.nsw.gov.au
- NSW Road Transport (Driver Licensing) Regulation 2017 — legislation.nsw.gov.au
- Transport for NSW — Alcohol Interlock Program — transport.nsw.gov.au
- Smart Start Interlocks Australia — smartstartinterlocks.com.au
Legal disclaimer: This article provides general information only and does not constitute legal advice. Interlock laws and program requirements can change. Always verify current rules with Transport for NSW or consult a qualified traffic solicitor for advice specific to your situation.