P2 driving prohibited vehicle

[Grantcore]

Got pulled over about an hour ago driing dads v8
7points
$450

had p plates on car
I wouldn't be complaing but.
I had my mum in the car (fully liscence driver) my nefew little sister and girlfriend.
I was under the impression I was in full rites to drive the SS as I had a full liscence drive with me, and it being like I was on my L's again.
After 2 losses of my liscence, I smartened up, haven't sped I've got custom p playe holders the lot, I'm really trying to follow the rules, mum has ancle problems can't drive manual and dad had my car so we had to take his to get my little sister, other wise I wouldn't have been driing.
Is there any laws of links people can give ne to go about contesting it.
I understand ignorance isn't a plee
but I was told by a police officer a while ago it was ok.
I wasn't joy riding, doing full hecktic burnouts, or speeding
he just went at me cause it was doubble demerits and I was a pplater.

[Maxxiz]

I understand ignorance isn't a plee

You answered your own question there mate, its the law, you cant get around it, you WERE breaking the law. Sorry mate but I really dont believe you "Thought it was ok if you had a fully licenced driver", Ive never even heard this, I think your fully aware of your restrictions.

he just went at me cause it was doubble demerits and I was a pplater.

No he didnt, he went at you because you were breaking the law, yes because you were a p plater, otherwise you wouldnt be breaking the law. And it was coincidently a long weekend.
Unlucky mate.

[Grantcore]

Tell me how a p1 auto driver can drive a manual in the company of a fully liscenced driver then?

[hakhawk]

what state are you in? might help to work out the whole "fully licenced passenger" thing, which i have heard of before.

[Maxxiz]

Tell me how a p1 auto driver can drive a manual in the company of a fully liscenced driver then?

Thats nothing to do with it! Thats auto/manual licences, your talking about driving V8's its a well known fact this isnt allowed.

[hakhawk]

assuming you're in nsw(going by previous threads), the "fully licenced passenger" excemption doesnt exist.

P1 and P2 vehicle and passenger conditions

[keeny]

The prohibited vehicle condition restricts provisional (P1 and P2) drivers from driving certain high performance vehicles. The condition applies to provisional licences issued on or after 11 July 2005. The scheme aims to prohibit young driver access to vehicles that are overrepresented in young driver crashes.

Prohibited vehicles are those with:

* Eight or more cylinders (except diesel).
* A turbocharged engine (except diesel).
* A supercharged engine (except diesel).
* Engine performance modifications that require an engineers' certificate.
* Certain high performance six cylinder engine vehicles or other vehicles as described in the publication Novice Drivers - High Performance Vehicle Restrictions.
From the rta website

from what i know if you owned a v8 or another vehicle that is prohibited prior to 11th july 2005 and still a p1 or p2 driver you can apply for an exemption or if a p1 or p2 driver does not own a car in their name and their family cars are all v8's you can get an exemption for to and from work only.

i recently sold my last commy and would've brought a v8 if it weren't for this law. i was even thinking about taking the chance but when i found out the penalty i decided not to as i travel a fair distance to and from work every day. Those p platers who speed excessively and chuck burnouts just any old place are the ones who ruin it for us all and these are the ones still driving the v8's because they don't care about the law, their licence or what their actions could cause what so ever. what will it be next we're not allowed to drive v6's ?

Given your circumstance the officer should've given you a warning

[TVR-190]

Ive never heard anything about being allowed to drive prohibited vehicles if a fully licensed driver is in the car. certain that doesnt exist.

[Grantcore]

Nsw
and I know I have to apply for an exeption to drive it on my own.
But after asking an officer last year when we first purchased the SS hebtold me it was the Sam as if I was Learning manual. I have no idea of his badge number or name, just that he worked for Fairfield police.
I'm going to call the rta Tuesday, just wanted to do some research, and I can't find anything

[Blown V6 Hatch]

Sounds like he told you a Porky Pie....

[1vngal]

Just because a "Police Officer" told you so, doesn't mean he is correct. They're all just as human as we are, and make mistakes like we do. Best thing to have done would have been to the RTA and double check, as you're going to now. Just a bit of bad luck by the sounds of it. Doesn't particularly mean the one that fined you was correct either though.

[HamaTime™]

If you want to get out of this one, you'll have to take it to court. The law is the law in this case, there is no bending it, despite it's crapness.

Even then no guarantee....

[Tom_1569]

Similar Topic.
In Victoria Arrive Alive campaign widely advertise P1 Drivers passenger restrictions do not apply if you have a fully licenced driver in the car. LINKY
In Bendigo and I needed to drive, and carry two passengers, I had a fully licenced driver available who was to drunk to drive. So I rang to clarify that the licenced driver had to be sober (which I assumed was the case). Upon this no one new of such law, I ended up speaking to head of Traffic Manangement at Bendigo who didnt know of it either, said he was going to read the legislation after checking the website and ring me back. Apparently no such clause is in the legislation, and no P1 driver is exempt from the passenger restriction if a licenced driver is in the car.
Very interesting, that one goverment section can advertise such a "law" if it is not real. I wrote an email to the Arrive Alive people, recieving no response. Spoke to many other coppers, none hearing of such exemption.

[Torquative]

The following vehicles are not prohibited vehicles and may be driven by provisional licence holders:

Suzuki Cappuccino 2D Cabriolet Turbo 3 698cc (released between 1/01/1992 - 1/12/1997).

lol lucky.

I remember when the rules first came in, we took an old school 1982 turbo charged Volvo (where the turbo is as big as my Lynx deodorant can) and it just budged 60 kays on the highway ... but it was on the list at the time as exempt!

But yeh, that was a rule that existed in black and white. This licensed passenger one doesn't exist, otherwise I have 3 mates whose name comes to mind straight away who would be offering me lifts everywhere - I'd never need to drive again!

On the topic of an unknown police officer told me, he may have, but on that score my mates a cop so theoretically I could get him to tell me to do something and use that as my backup?? It sounds like you realise that if you say this the first thing their going to ask is "who told you so we can ask. and that's not going to fly.

It sounds like you tried to do the right thing during double demerit points and paid the consequences. I your stories true I can understand your situation as I have severe injuries at the moment where I have no movement in my left leg or arm after a motorcycle accident, and I'm relying on family and friends to drive me around to appointments and the like, sometimes using my car.

While I don't agree with their legislations, I understand your earlier question how come a P1 driver with an Auto only licence can drive manual with a fully licenced passenger, but don't forget a fully licensed passenger can be anyone from your mum with 20+ years driving experience, to your 20 year old rev head mate with all 1 month full licence experience, whose going to tell you to give it stick.

On this score, your previous driving history probably didn't help the cause either.

I'm assuimg your trying to fight it because...

Accumulating points

A driver who has not committed any offences has zero points. When an offence that carries demerit points is committed, the points are added to the licence holder’s driving record. If the licence holder incurs the threshold number of demerit points within a three-year period, a licence suspension or refusal is applied. The thresholds are as follows:

Unrestricted licence – 12 points.
Provisional P2 licence – 7 points.
Provisional P1 licence – 4 points.
Learner licence – 4 points (from 28 September 2009).
Unrestricted licence with a good behaviour period – 2 points within the term of the good behaviour period.

Good luck with it, but I think you need to suck it up once again.

[Big_Simmo]

Gotta love livin on the west coast with none of this P plater restriction crap

[Junny]

well in VIC you can learn to drive manual on your Ps if you have a sign saying DRIVER UNDER INSTRUCTION or something.

[fuzzy2308]

Gotta love livin on the west coast with none of this P plater restriction crap

**** this shit im moven there

[justincredible]

i don't know much about other states legislation, but in victoria the restrictions all have loopholes, or room for negotiation.
powerfull vehicles= letter from employer stating the vehicle is needed for employment
to drive a manual whilst on auto license= as previously mentioned, "driver under instruction" sign and obviously a sober fully licensed person with you.
most other restrictions can be negotiated (probably in most states) with a relevant letter to the authority stating the need for an exemption. For example, if you are a sole carer you may see the need to apply for an exemption to the passenger restriction law.

[fuzzy2308]

i don't underrating how you guys keep getting court

[Cunningstunter]

I'd take this one to court - plead guilty with explanation. You need to explain the extenuating circumstances behind why you were driving the car (Mum's ankle ((make sure you run spell check over your letter of explanation though!)) had to P/Up little sister.

They may not let you off altogether, but generally courts go easier on you than the copper on the side of the road.

I got pulled up on my GSXR750 for doing wheelies 180kph in 80 zone, whilst unregistered AND whilst under a suspended license due to unpaid fine (a long time ago and and even longer story). I ended up having to go to court and received a $750 fine, no points, no loss of licence. Paid my other fine to unsuspend my licence and all was ok with the world....til got done on the back wheel again some 2 years later and then received a 12month court issue suspension.....

So not saying you will get off or get off lightly, but considering you weren't pulled over for speeding or other such traffic infrigment, with your parentys/family in tow you might get the courts sympathy, then again you may not but its worth a shot ESP if you've had previous problems.....

Good luck!

[Sfilie]

i wouldn't bother taking it to court, they don't really have power over the states road authorities to not fine u, it seems pretty obvious u broke to the law to the police officer, but if u were generally unaware that u couldn't drive a high powered vehicle with a fully licensed driver (which dosent make sense if ur on ur p's) then u should've gotten a warning. but other then that, i doubt theres anything else u can do about it.

[tj_syd]

My wife was driving C180 2005 and she was booked $430 because she is on P2. As you mentioned, that RTA did not include C180 2005 in prohibited vehicle list. She works at the hospital and sometimes she has to work at night time and public transport would not be a solution for her. The police officer told her that she will lose her licence if she drives this car again. I really would like to understand what could I do? We are not sure that she has lost her points or not because it is not marked in the penalty notice. What could we do about this? Since it is not listed in RTA prohibited vehicle list do we have any legal rights? I would really appreciate any advice.

[Cameron P]

if she got fined for driving a prohibited vehicle then yes points will be added to her licence

im assuming the c180 is a kompressor yes? if so its a prohibited vehicle

[rb26dett]

My wife was driving C180 2005 and she was booked $430 because she is on P2. As you mentioned, that RTA did not include C180 2005 in prohibited vehicle list. She works at the hospital and sometimes she has to work at night time and public transport would not be a solution for her. The police officer told her that she will lose her licence if she drives this car again. I really would like to understand what could I do? We are not sure that she has lost her points or not because it is not marked in the penalty notice. What could we do about this? Since it is not listed in RTA prohibited vehicle list do we have any legal rights? I would really appreciate any advice.

Purchase a cheaper car for her to drive to work till she is off her P plates?