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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.

Last reviewed: 12 March 2012