18

18 Special restrictions affecting P1 provisional licence holders

(1)  The holder of a P1 provisional licence in the class of driver licence must not drive, under the authority of that licence on a public street, a vehicle that is carrying more than one passenger who has attained the age of 16 years but has not attained the age of 22 years.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Subregulation (1) does not apply to the holder of a P1 provisional licence, driving a vehicle that is carrying more than one passenger who has attained the age of 16 years but has not attained the age of 22 years, if –

(a) the holder of the licence has attained the age of 25 years; or

(b) the other passenger is the spouse, the partner or an immediate family member of the holder of the licence; or

(c) the holder of the licence is operating the motor vehicle as part of his or her duties as an emergency worker, within the meaning of the Road Rules 2019 , and the transportation of the other passenger forms part of those duties; or

(d) the holder of the licence is operating the motor vehicle, and transporting the other passenger, for one or more of the following purposes:

(i) travelling to and from, or for, work whether the work is paid or voluntary;

(ii) travelling to and from, or for, a recognised educational or training activity;

(iii) to facilitate the medical treatment of, or for other medical purposes for, the holder of the licence or a passenger; or

(e) the inability of the holder of the licence to transport the other passenger is reasonably likely to cause undue hardship to the family of the driver or the other passenger.

(3)  Subregulation (1) does not apply to the holder of a P1 provisional licence who is driving a vehicle if –

(a) the person seated next to the driver, on a seat in the same general transverse plane as the driver's seat, holds a full licence, of a class that would authorise the person to drive the vehicle, and, within the previous 12-month period –

(i) that person has not been disqualified; or

(ii) that licence has not been suspended because of the accumulation of demerit points; and

(b) there is no-one between the driver and the person referred to in paragraph (a); and

(c) the person referred to in paragraph (a) intends to provide instruction to the driver if required.

(4)  In this regulation –

immediate family member, of the holder of a licence, includes the following:

(a) a sibling of the holder of the licence, including a half-sibling or a step-sibling;

(b) a parent or guardian of the holder of the licence;

(c) a child of the parent, or guardian, of the holder of the licence;

partner means a partner within the meaning of the Relationships Act 2003 ;

spouse, of the holder of a licence, includes a person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with the holder of the licence.