Transport Operations (Road Use Management—Driver Licensing) Regulation 2021

This section applies to a person (the driver) who—

is under 25 years and holds a class C, or heavy vehicle class, P1 provisional licence; or

holds a class C, or heavy vehicle class, P1 probationary licence because of a young driver disqualification offence.

Between the hours of 11p.m. and 5a.m, the driver must not drive on a road a class C, LR, MR, HR, HC or MC motor vehicle carrying more than 1 passenger who—

is under 21 years; and

is not an immediate family member of the driver.

In relation to proof of whether a passenger is an immediate family member of the driver in proceedings for an offence against subsection (2)—

a belief of a police officer, on reasonable grounds, that a passenger is not an immediate family member of the driver is sufficient evidence of that fact; and

the driver has the onus of proving the passenger is an immediate family member of the driver.

For subsection (3)(a), the belief mentioned in the subsection may be formed by the police officer after reasonable enquiries made of the driver and passengers when the police officer finds the driver driving the passengers or soon after.

In this section—

the driver’s spouse; or

a child, stepchild, foster child or ward of the driver; or

a step-parent of the driver; or

the spouse of a grandparent of the driver; or

a sibling or step-sibling of the driver; or

a foster child or ward of a parent or step-parent of the driver; or

if the driver is a child—

an approved carer of the driver; or

a child, stepchild, foster child or ward of an approved carer of the driver; or

a guardian of the driver; or

a child, stepchild, foster child or ward of a guardian of the driver; or

if the driver is an Aboriginal person—a person who, under Aboriginal tradition, is regarded as a child of the driver; or

if the driver is a Torres Strait Islander—a person who, under Island custom, is regarded as a child of the driver.