Peer passenger restriction
Peer passenger restrictions apply to:
- P1 type provisional licence holders under 25 years
- P1 type probationary or P1 type restricted licence holders who return from a disqualification but only if the person was under 25 years when the offence that caused the disqualification was committed.
During the period between 11 pm on a day and 5 am on the next day, the P1 type provisional driver must not drive on a road in a car carrying more than one passenger under the age of 21 years who is not an immediate family member.
For the peer passenger restriction, an immediate family member means:
- the driver's spouse
- a child, stepchild, foster child or ward of the driver
- a stepparent of the driver
- the spouse of a grandparent of the driver
- a brother or sister of the driver
- a stepbrother or stepsister of the driver
- a foster child or ward of a parent or stepparent of the driver
- if the driver is a child:
-
- an approved carer of the driver
- a child, stepchild, foster child or ward of an approved carer of the driver
- a guardian of the driver
- a child, stepchild, foster child or ward of a guardian of the driver.
Note: A spouse includes a de facto partner.
Further details of the definition of an immediate family member can be found in section 74 of the Transport Operation (Road Use Management – Driver Licensing) Regulation 2010.
Peer passenger restrictions do not apply to drivers who hold a P2 type or open licence.