Peer passenger restriction

From 1 July 2008, a P1 driver can carry no more than one passenger aged 16 to 21 years (inclusive).

Frequently Asked Questions

Why are new laws being introduced for young drivers?

Despite significant road toll reductions, young drivers continue to have more casualty crashes than any other group of drivers. Young drivers aged 18 to 25 comprise 13 per cent of all drivers but account for over one-quarter of driver fatalties. Every year in Victoria, around 45 young drivers are killed , and around 30 passengers are killed in vehicles driven by young drivers. A further 990 young drivers, and 470 passengers in vehicles driven by young drivers , are seriously injured on Victoria’s roads each year.

Why is a peer passenger restriction needed?

Crashes are most common in the first 12 months of driving on P plates. The most important factor in crashes for newly licensed P plate drivers is inexperience combined with high risk driving situations. A P plater carrying multiple passengers is four times more likely to be involved in a fatal crash than if they were driving alone or with only one passenger. This risk exists at all times of the day and for all P plate drivers (not just ‘hoons’).

This is why, from 1 July 2008, inexperienced first year (P1) probationary drivers are restricted from carrying more than one passenger aged 16-21 (inclusive).

The restriction is unlikely to affect most P plate driving because only nine per cent of total driving for P platers involves driving with two or more passengers. Despite this low number of trips, around 26 per cent of first-year P plate drivers involved in fatal crashes are carrying two or more passengers.

Limiting P plate driving to less risky driving situations in the critical first year will help save lives and reduce serious injuries involving young drivers. Even with some more P plate drivers on the road at times, research shows that road safety will be improved.

Is there public support for a peer passenger restriction?

A peer passenger restriction for P1 drivers has a good level of public support. A 2005 survey conducted by the RACV found:

• Two-thirds of respondents supported newly licensed drivers being restricted to carry only one passenger.
• Parents were particularly supportive, as was the broader community (with over 70 per cent support).

Research with focus groups suggests that many young drivers would welcome a reason to refuse carrying a car load of peer passengers, as they often felt pressure to do so.

Does a peer passenger restriction work?

Peer passenger restrictions have been in place in a number of overseas jurisdictions for many years, where they have been shown to have significant road safety benefits. For example, a nine per cent reduction in crashes involving teenage passengers of restricted drivers was observed in New Zealand and a 23 per cent reduction in passenger injuries was found in California.

When does the peer passenger restriction begin?

The peer passenger restriction applies to P1 licence holders from 1 July 2008.

What passengers can a P1 driver carry?

P1 drivers can only carry one peer passenger (aged between 16 and 21 inclusive). There is no restriction for P1 drivers on carrying children (under 16 years) or adults (over 21 years). The peer passenger restriction will not apply:

• to immediate family members (sibling or spouse), or
• when driving an emergency vehicle, for example, an ambulance, police vehicle, fire fighting vehicle, or
• when accompanied by a fully licensed experienced driver who is sitting beside them, as is the case for learner drivers

The peer passenger restriction will apply to relatives such as cousins, aunts, uncles, nephews, and nieces within the 16-21 year peer age range.

How long will a passenger restriction apply?

This depends on whether you have a good or a bad driving record:

Good driving record: For P1 drivers with a good driving record, the P1 period (and peer passenger restriction) will last for 12 months.

Bad driving record: Every time you are suspended because of, or due to, a driving offence, your P1 licence period will be extended by six months, plus the period of suspension. For these drivers the peer passenger restriction will continue to apply for the entire P1 period, which will be at least six months longer than a driver with a good driving record. In addition, when a P1 licence is reissued after a suspension, a passenger condition will be imposed on the P1 driver for the duration of the P1 licence. This passenger condition is more stringent than the peer passenger restriction and prohibits the carriage of more than one passenger of any age and under any circumstances.

In addition, when a P1 licence is reissued after a cancellation, the above passenger condition will also be imposed on the P1 driver for the duration of the P1 licence period.

Does the peer passenger restriction apply to P2 drivers as well?

No. The peer passenger restriction will not apply to P2 drivers.

I obtained my probationary licence before 1 July 2008. Does the peer passenger restriction apply to me?

No. The new peer passenger restriction only applies to people who obtain their P1 licence on or after 1 July 2008. If you obtained your probationary licence before 1 July 2008, the peer passenger restriction will not apply to you.

Is it possible to apply for an exemption from the peer passenger restriction?

Exemptions from the peer passenger restriction can be considered on a case-by-case basis on the basis of hardship, where supporting evidence is provided and road safety is not compromised. P1 drivers must apply in writing (and with supporting evidence) to VicRoads for an exemption. Exemptions can be applied for by writing to:

VicRoads Exemptions
Locked Bag 5000
Kew, VIC 3101

To find out further information about applying for an exemption, please go to: www.vicroads.vic.gov.au/Home/Licensing/GettingYourPs/Peerpassengerrestriction P1 drivers who car pool for work or study purposes may apply for an exemption under the hardship provisions. Applicants will need to outline how they (or their nominated passengers) would be caused undue hardship without the exemption, and how road safety will not be compromised. For example, travelling in a remote place where there is no alternative transport.

People granted an exemption will be provided with an exemption letter. A P1 driver must carry this exemption whenever they drive.

Can I get a one-off exemption for driving my friends on our end-of-year schoolies trip?

P1 drivers can apply for an exemption to the peer passenger restriction on the grounds of hardship, where road safety would not be compromised. It is unlikely an exemption would be granted for a social activity such as an end-of-year trip. Using alternative transport or car pooling with a more experienced driver, such as a P2 probationary driver or full licence driver are alternatives.

P1 drivers should note that as a number of different states impose peer passenger restrictions, they should check the requirements in each state to which they intend to travel.

What about P1 drivers who live in the country and have to travel together to get to uni or work?

P1 drivers who car pool for work or study purposes may apply for an exemption under the hardship provisions. Applicants will need to outline how they (or their nominated passengers) would be caused undue hardship without the exemption, and how road safety will not be compromised. For example, travelling in a remote place where there is no alternative transport.

People granted an exemption will be provided with an exemption letter. This letter must be carried while driving.

What about volunteers who have to travel together to do their volunteer work?

P1 drivers who car pool for work purposes (regardless of whether this is paid or voluntary), may apply for an exemption under the hardship provisions. Applicants will need to outline how they (or their nominated passengers) would be caused undue hardship without the exemption, and how road safety will not be compromised. For example, travelling in a remote place where there is no alternative transport. People granted an exemption will be provided with an exemption letter. This letter must be carried while driving.

If one of my passengers has a full licence, can the other passengers be aged 16-21?

P1 drivers will be allowed to carry more than one peer passenger when accompanied by a fully licensed driver (as is the case with learner drivers). The accompanying experienced driver:

• must have a full (non-probationary) car driver licence
• must carry their licence with them
• must sit in the front passenger seat

Can I drive my brother and sister to school when I get my P1 licence?

Yes. The peer passenger restriction does not apply to siblings.

My husband is 20. Am I allowed to drive him around when I’m on my P1 licence?

Yes. The peer passenger restriction does not apply to the driver’s spouse.

If I am driving my peer aged spouse or siblings, can I carry any other passengers?

A peer aged spouse or siblings are not counted as peer passengers. Therefore, in addition to a peer aged spouse or siblings, you can carry:

• children (including your own) under the age of 16 (as many as there are seatbelts)
• adults over the age of 21 (as many as there are seatbelts)
• one additional peer aged passenger.

I’m a CFA volunteer. Does the P1 passenger restriction apply if I have to drive a CFA vehicle during an emergency?

P1 drivers will automatically be exempted from the passenger restriction when driving emergency vehicles (State Emergency Service, Country Fire Authority, Victoria Police, etc).

What is to stop someone with an exemption to travel to uni, using that exemption to drive all their mates to a party?

If an exemption is issued, it will be conditional and include restrictions. This information will be sent to the applicant in writing and the exemption letter must be carried at all times when driving the vehicle.

What will happen if I get caught carrying more than one peer passenger while I’m on my P1 licence?

The Traffic Infringement (TIN) penalty for carrying more than one peer passenger is three demerit points and $340. This penalty is consistent with Victorian offences having a similar incidence in novice driver crashes and a similar level of risk.

How can the new passenger restriction be good for the environment? Instead of five friends taking one car, we’ll have to split up into three cars.

There are several environmentally sustainable transport alternatives available to P1 drivers including sharing a taxi with friends, car pooling with more experienced drivers (such as a P2 probationary driver or full licence holder), or using public transport (including the Night Rider Bus).

The passenger restriction will put more cars on the road. Won’t that make it more dangerous for everyone?

The restriction is unlikely to significantly increase the number of P platers on the road as only nine per cent of total driving time involves driving with two or more passengers. Despite this around 26 per cent of first-year P plate drivers involved in fatal crashes are carrying two or more passengers.

Carrying multiple passengers significantly increases the risk of a P plate driver being involved in a fatal crash. Their crash risk is four times greater than if they were driving alone or with only one passenger. Alcohol-affected peer passengers can be a dangerous distraction for inexperienced drivers, and multiple peer passengers can also directly and indirectly encourage more risk taking behaviour.

Even with some more P plate drivers on the road at times road safety will be improved.

Doesn’t the new passenger restriction put an end to having a designated driver when young people go out and drink?

No. Designated driver options are still available with a more experienced driver, such as a P2 probationary driver or full licence driver (who comprise the majority of drivers).

One of the most dangerous things an inexperienced driver can do is carry multiple peer passengers, particularly at night and when the passengers are affected by alcohol.

Crashes are most common in the first 12 months of driving on P plates. The most important factor in crashes for newly licensed probationary drivers is inexperience combined with high risk driving situations. Limiting P plate driving to less risky driving situations in this critical period will help save lives and reduce serious injuries involving young drivers.

In addition to using more experienced designated drivers, other safer options to get you to and from your destination include:

• using public transport
• driving yourself to a party with no more than one friend
• staying the night if safe and driving home in the morning
• sharing a taxi.

Why can’t the passenger restriction just apply at some times, for example at night?

Probationary crashes involving multiple passengers and young drivers in Victoria occur at all times of the day, not just at night time.

Do other states have passenger restrictions and do they apply to me too?

New South Wales and Queensland have had passenger restrictions in place since July 2007. Victorian probationary drivers travelling through these states are not generally exempt from their rules affecting P plate drivers. You should therefore check with both New South Wales and Queensland’s road authorities to find out what rules will apply when driving on P plates interstate.

Where can I find more information on the peer passenger restriction and the new Victorian Graduated Licence System?

The Victorian government’s arrive alive website contains further material on the new Graduated Licensing System. For more information about all aspects of the new Graduated Licensing System, go here

If you have a specific question about the new laws, you can use the VicRoads on-line contact form here

Note: The existing passenger limit imposed on a first year probationary driver who commits a serious traffic offence , will continue to apply.