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Passenger restrictions

Information about the passenger limits that apply to probationer drivers.

P1 drivers and drivers under 21 years old are not allowed to carry more than one ‘peer passenger’. A peer passenger is someone who is aged between 16 and 21 years old. It excludes anyone who is the partner or a sibling of the driver.

This restriction also captures drivers on a non-Victorian licence who are of this age and experience. They are referred to in the regulations as 'corresponding novice drivers'.

See rr. 5, 61—Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

Penalty for ignoring this condition

The maximum penalty if this condition is not followed is 10 penalty units or 3 penalty units if the matter is dealt with by issue of an infringement notice.

See r. 61—Road Safety (Drivers) Regulations 2019 (Vic(opens in a new window)) and Value of penalty units.

Power of VicRoads to exempt driver from this restriction

This restriction does not apply to a P1 driver who is on duty and is:

  • driving an emergency vehicle
  • a police officer

It also does not apply if the P1 driver has a fully licensed driver sitting beside them and who is supervising the driver.

An exemption may apply to either of these passenger restrictions if the driver can demonstrate that this would cause undue hardship due to nature of employment or family circumstances.

VicRoads must have regard to likely effect on safe, efficient and equitable road use when making decision to exempt.

See r. 61—Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

More information

Legislation

Road Safety Act 1986 (Vic)

  • s. 21—probationer licences
  • s. 19—persons who may be granted a motor vehicle licence
  • s. 24(1)(a)—directed by a sheriff for non-payment of an infringement notice
  • s. 84BN—failure to complete a safe driver program

See Road Safety Act 1986 (Vic)(opens in a new window).

Road Safety (Drivers) Regulations 2019 (Vic)

  • r. 5—defines a peer passenger and 'corresponding novice driver'
  • r. 61—peer passenger restrictions

See Road Safety (Drivers) Regulations 2019 (Vic)(opens in a new window).

Road Safety (General) Regulations 2019 (Vic)

  • Schedule 7—matters that can be dealt with by issuing a traffic infringement notice

See Road Safety (General) Regulations 2019 (Vic)(opens in a new window).

Sentencing Act 1991 (Vic)

  • s. 89A—suspension of licence for any offence

See Sentencing Act 1991 (Vic)(opens in a new window).

References

VicRoads

VicRoads has the following information for learner drivers:

Updated