A probationary (P1) driver or a *corresponding novice driver will not be allowed to carry more than one peer passenger when driving. The penalties for committing this offence will be three demerit points and a fine up to 10 penalty units.

A peer passenger is any person aged between 16 and less than 22, but does not include the driver's spouse, domestic partner, sibling or step - sibling. (Refer to the legal definition of each below)*

This regulation does not apply to a probationary (P1) driver who is -

• a member of the police force and is driving a motor vehicle in the course of his or her duties, or
• driving an emergency vehicle in the course of his or her employment or duties, or in accordance with any terms of a contract or any engagement, or
• driving a motor vehicle and has an experienced driver sitting beside him or her.

No exemption is required from VicRoads when a probationary (P1) driver is driving a vehicle in the above circumstance.

Exemptions may only be granted by VicRoads if the nature of the person’s employment, essential activities or family circumstances is such that compliance with the restrictions would impose undue hardship to the person or the person’s family. In considering an exemption, VicRoads must also have regard to the likely effect of the exemption on safe, efficient and equitable road use in Victoria.

If an exemption is issued, it will be made conditional and include restrictions. This information will be sent to the probationary driver in writing and must be carried by the driver at all times when carrying more than one peer passenger.

VicRoads may cancel an exemption if the probationary driver's licence is cancelled or suspended.

Applications will only be considered where the completed exemption form and supporting documentation has been provided. Applications must be sent to:

VicRoads
Exemptions
Locked Bag 5000
KEW VIC 3101

Frequently Asked Questions

1. Do the peer passenger restrictions still apply if there is a fully licensed driver in the passenger seat?

No. The peer passenger restrictions do not apply when a fully licensed driver is seated in the passenger seat.

2. How many people not within the 16-21 years of age range can be passengers?

The peer passenger restriction does not apply to passengers who are outside the 16 to 21 age range. However, ensure that there are the same number of passengers in the car as there are seat belts.

For example, a P1 probationary driver with one peer passenger (i.e aged between 16 and  21) can carry as many passengers under 16 or over 22 as they wish, but make sure  there is a seatbelt for each passenger.

3. What is a "domestic partner" and how is that determined?

A domestic partner, irrespective of gender, is a person the driver lives with as a couple, but they are not married. If necessary , the driver should be able to provide evidence of the domestic partnership that would satisfy a court. Examples of evidence could include documentation that features dual names on rental agreements or home loans.

4. Do the peer passenger restrictions only apply between 10pm and 7am?

No. The peer passenger restrictions apply 24 hours a day, seven days a week.

Definitions

* corresponding driver - a person who holds a driver licence issued on a probationary basis under a corresponding law of another jurisdiction and who has held that licence for less than 12 months and was under 21 years of age when the licence was granted to that person.

Domestic partner
Is a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender).

Peer passenger
Is a person who is at least 16 but less than 22 years of age, but does not include a person who is the spouse or domestic partner of the P1 probationary driver or corresponding novice driver or the sibling or step - sibling of the P1 probationary driver or corresponding novice driver.

Siblings
Are brothers and sisters (including step and foster relationships)

Spouse
Is a person to who the person is married