[VIC] (P1) Laws Question!

[havavb]

Hey guys i got my P1 p's about a week ago, but im a little confused about the law of passengers. It says i can only carry one between the ages of 16-21. Now thats bullshit. So they want me to ditch my mates for pre-pubescent brats or older people in general. But the question is. Say i have my mate who is 18 in the passenger. And a 2 close family friends who are 15 in the back am i aloud to still carry them because they're under that age restriction or since i have my friend who is in that age restriction he can only be in the car?

[Amy aka boozey]

im on red p's as well, hating the passenger restrictions.
yeh you can still have the two 15 year olds, they are under the 16-21y.o restriction so that doesnt matter.
as long as there is only one person aged 16-21 (exclusing family), you're fine and the age of the other passengers is of no concern

[VL-EXEC]

You answered the question urself 1 passenger between the ages of 16-21

[havavb]

Thanks for the help. So if cops pull me over they cant pin me for carrying more than 1 passenger?

[fkford]

your only allowed 1 passenger aged 16-21..you can carry others if there not in that age bracket.

Although there is discression if they are a family member

[havavb]

Yeah i went and checked it out with police. As they approached me and a mate at the skate park. Looking for some kid for graffiti or something. I asked them and they said ill get done. So we went to Vic Roads and they said it was fine. My friend and me just looked at each other to say well cops must want us lol. But thats bullshit cops should know the laws. Thats false information can i sue them?

[nstone63]

can i sue them?

For what? Damages?

[Stressball]

Thats false information can i sue them?

It's not false information, and not if you want to win, if you can even find a charge.

You have to keep in mind, the onus falls on the passengers to prove that they are either A) related to you, or B) above 21, or below 16. If they can not all provide reasonable proof, expect a fine.

[sjmcc]

You can also carry any amount (up to what the car can legally take) of passengers between 16-21 IF an "experienced driver" is sitting in the front passenger seat. I assume "experienced driver" would mean someone on a full license.

[acarmody]

If you carry 2 15 year olds in the back, you better hope they have some form of photo ID on them or you are going to cop a fine.

[VicCop]

The coppers you spoke to in passing were probably general duties uniform ones who probably don't give a damn about traffic stuff. Us traffic fanatics are rather hard to come by sometimes as the general belief is that traffic offenders aren't "real crooks". So really they wouldn't know what they're talking about anyway.

The information so far is correct that you are allowed one passenger between 16 and 21 (inclusive). Any passenger between those ages doesn't count if they're a family members. The excuse of, "Um, ohhh, yeah he's my cousin" doesn't cut it, nor does he's my brothers, mates, dad's girlfriend. In other words you're allowed to drive younger brothers and/or sisters to school or footy etc.

However.... if there's a fully licensed driver seated in the front next to you, then all bets are off and you can load the car up with as many passengers between the restricted ages as you like. Therefore if you can get someone with a full licence in the car, get them in the front and you can take everyone.

[TrikkBen]

There ya go, right from an officers mouth or fingertips... What kind of officer are you VicCop?

Ben

[old mate]

wow, i was unaware of the fully licenced driver in the front passenger seat rule, not that i'm on P1's but that sure is interesting.

[HamaTime™]

The coppers you spoke to in passing were probably general duties uniform ones who probably don't give a damn about traffic stuff. Us traffic fanatics are rather hard to come by sometimes as the general belief is that traffic offenders aren't "real crooks". So really they wouldn't know what they're talking about anyway.

The information so far is correct that you are allowed one passenger between 16 and 21 (inclusive). Any passenger between those ages doesn't count if they're a family members. The excuse of, "Um, ohhh, yeah he's my cousin" doesn't cut it, nor does he's my brothers, mates, dad's girlfriend. In other words you're allowed to drive younger brothers and/or sisters to school or footy etc.

However.... if there's a fully licensed driver seated in the front next to you, then all bets are off and you can load the car up with as many passengers between the restricted ages as you like. Therefore if you can get someone with a full licence in the car, get them in the front and you can take everyone.

Exactly. I got done travelling 900meters from my Church to my house with a 16 and 17 year old mate after having my Red P's for 3 months.

My friend was driving me and her boyfriend through Greensborough (I'm 19 - her boyfriend is 22) and we get pulled over by a local copper just after we passed them pulling out of Greensy Police station. He says that she is violating the Peer Passenger law by having 2 people in the car, that only 1 person between 16-21 and any other passenger must be an immediate family member. I told him he was wrong and that my friend was completely in the clear, however as he started writing out the ticket I kept persisting to try and disuade him from writing a false infringement, told him to make sure he understands the law fully before he starts handing out infringements under it......and had an argument about it with him...he ended up tearing up the ticket and walking off...

Therfore, it shows, some cops (as VicCop stated) who don't know much about traffic laws will try and get you for it. Make sure you know exactly where you stand, because cops can be wrong at times as well, and if you don't know yourself, you could be forfeiting money and points when you needn't.

In summary:

1 person between 16-21 (if you have a fully licensed driver, then you can fill your car with people of all ages)
Immediate family members do not fall in the above bracket - so you can take your twin 16 year old siblings and your 17 year old other sibling at the same time also.

[havavb]

Some coppers are really cool though. Like the other night i was sitting at the servo after filling up having a bite to eat and asked them if they would pop a few bangers up the road for us (Had a friend with me). Good time.

[VL-EXEC]

You can also carry any amount (up to what the car can legally take) of passengers between 16-21 IF an "experienced driver" is sitting in the front passenger seat. I assume "experienced driver" would mean someone on a full license.

can you show us where it says that on the vic roads site?

[illusionalvr]

apparently coppers cant ask passengers for id because they were getting sued for asking underage-rs. this is from friends friends friend though.

so how can they get the information out of people?

[Stressball]

apparently coppers cant ask passengers for id because they were getting sued for asking underage-rs. this is from friends friends friend though.

so how can they get the information out of people?

Not true at all. An officer is allowed to request proof of identification at any time for any reason. You are legally obligated to give your name and address at least verbally if you have no ID on you. The line is drawn at searching a person or property, that is when they need a reason to search. Officers need to enforce the passenger restrictions, so they need to be able to find out ages.

[havavb]

can you show us where it says that on the vic roads site?

Yeah thats actually true. Ive read it online. Not 100% sure if its on Vic Roads website but ive read it before. Cops told me that aswell.

[soop]

what happens if a 16yr old says they're 15 and have no ID?

If they have no record with the police, Do the police have anyway of finding out? (That doesn't need more effort then its worth).

Or do they just assume the kid is lying?

[Stressball]

what happens if a 16yr old says they're 15 and have no ID?

If they have no record with the police, Do the police have anyway of finding out? (That doesn't need more effort then its worth).

Or do they just assume the kid is lying?

If the kid gives a name (as they are legally obligated to), I'm sure the cop could ring back and find out their age, or if it's a false name. If they can't determine ID within reason, they can assume the person is 16, and charge the driver. Onus is on the passengers to provide proof of ID and proof of age.

[minux]

For anyone in Vic interested about police powers: http://www.legalaid.vic.gov.au/cl.police_powers.pdf

[sjmcc]

can you show us where it says that on the vic roads site?

Yeh no probs

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 sea

Source: Peer passenger restriction : VicRoads

[nemesis_adrasteia]

The coppers you spoke to in passing were probably general duties uniform ones who probably don't give a damn about traffic stuff. Us traffic fanatics are rather hard to come by sometimes as the general belief is that traffic offenders aren't "real crooks". So really they wouldn't know what they're talking about anyway.

The information so far is correct that you are allowed one passenger between 16 and 21 (inclusive). Any passenger between those ages doesn't count if they're a family members. The excuse of, "Um, ohhh, yeah he's my cousin" doesn't cut it, nor does he's my brothers, mates, dad's girlfriend. In other words you're allowed to drive younger brothers and/or sisters to school or footy etc.

However.... if there's a fully licensed driver seated in the front next to you, then all bets are off and you can load the car up with as many passengers between the restricted ages as you like. Therefore if you can get someone with a full licence in the car, get them in the front and you can take everyone.

does it matter if the "experienced" driver has been drinking(over .05)

[havavb]

That shouldnt matter since P1 is a form of licence and you dont need anyone to observ with a full licence.

... A bit off topic but is it true they're bringing out Blue P's which no passengers can be in the car? Man they're getting outta control with all this crap. If a kid wants to be a goose in a car nothing can stop him.