P1 and P2 vehicle and passenger conditions

Prohibited vehicle and passenger conditions apply to provisional licence holders to keep novice drivers safe on our roads. The prohibited vehicle and passenger conditions are described on this page.

Prohibited vehicles

From 1 August 2014, a high performance vehicle is defined as a vehicle which:

Note: An exception from the prohibited vehicles condition is the person:

  1. Obtained a provisional licence before 1 August 2014 and continues to hold that licence, and
  2. The vehicle they are driving is now prohibited under the above definition, but was not previously prohibited under the previous definition.

You must not drive a banned vehicle unless you have been issued with an exemption.

Need help?

For guidance about what vehicles you can and cannot drive, you can enter a vehicle's details into the P1/P2 vehicle search.

For more information, please see the Frequently asked questions, or contact us. You can also read the announcement by the Minister for Roads and Freight.

Definitions

See Prohibited vehicles – definitions for detailed information and definitions of terms related to prohibited vehicles.

Passenger conditions

P1 peer passenger condition

From 1 July 2007, all provisional P1 drivers under the age of 25 must not drive a vehicle with more than one passenger (other than the driver) under 21 years old between 11pm and 5am. This restriction is referred to as the peer passenger condition.

Drivers of emergency vehicles are exempt from the peer passenger condition while driving the vehicle in the performance of their duties. Emergency vehicles are vehicles driven by police officers, members of the ambulance service, metropolitan or rural fire services or any other person approved by Roads and Maritime Services).

P1 and P2 one passenger condition

A one passenger condition also applies to any provisional (P1 and P2) driver who is disqualified for a driving offence that is committed on or after 11 July 2005. After the disqualification period the provisional licence holder will be restricted from carrying more than one passenger at all times while driving. This condition will apply for 12 months.

More information

See the Frequently asked questions.

Exemptions from the conditions

Application for an exemption can be made at any motor registry upon payment of a fee (see Licensing fees).

You must have an exemption in writing issued by Roads and Maritime Services to be exempt from the conditions.

If an exemption is granted, the exemption will be limited to specific circumstances such as employment and maybe limited to certain vehicles.

Prohibited vehicle exemption

An exemption from the prohibited vehicle condition may be granted if:

  • Prohibited vehicles are required for genuine employment purposes (the Roads and Maritime Services (RMServices) application requires a statutory declaration to be provided by an employer/registered operator)
  • The provisional driver or their parent, guardian, spouse, or partner, owned a vehicle prior to 1 August 2014, and that their vehicle was allowed under the previous definition of a high performance vehicle
  • The provisional driver can prove direct ownership of their prohibited vehicle prior to the transfer of their interstate/overseas licence (this option is only available if the applicant has never held a NSW licence, including a learner licence).

    Note: For enforcement purposes provisional drivers must carry an exemption letter from Roads and Maritime Services to drive these vehicles.

    One passenger exemption

    An exemption from the one passenger condition will be only granted in exceptional circumstances. You must provide reasons why you have an exceptional circumstance to have your exemption request considered.

    Peer passenger exemption

    An exemption from the peer passenger condition may be granted if:

    • You are required as part of your employment responsibilities to transport passengers between 11pm and 5am and more than one of these passengers is, or likely to be, under 21 years of age.
    • You can demonstrate a need to drive certain immediate family members between 11pm and 5am and there are no alternative options.
    • You volunteer in community service work (eg Lifeline counselling) that requires the transport of passengers between 11pm and 5am and more than one of these passengers is, or likely to be, under 21 years of age.

    Further information on how to apply for a prohibited vehicle or passenger condition exemption is available on the Application for Exemption: Peer Passenger, One Passenger or Prohibited Vehicle Condition (PDF, 317Kb).

    You must notify Roads and Maritime Services within 14 days if you have changed any circumstances which affect your exemption, including if you no longer require the exemption or if the exemption letter needs replacing. A further fee may apply.