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Passenger restriction laws

 Last updated on August 31, 2023
If you’re heading on a road trip with a group of friends, or find yourself designated driver after a party, it can be tempting to fit as many people as possible in your car. However, strict passenger restriction laws exist throughout Australia and you can receive fines and demerit points for breaking them. In some states, if you’re on your provisional licence, you’ll also have additional passenger restrictions. Read on to find out about the relevant laws in each state, along with penalties for breaking them.
Group of friends looking out to a sunrise about to embark on a roadtrip

General passenger restriction laws

Can you carry six people in a five-seat car? The answer is no, regardless of where you are in Australia. However, passenger restriction laws and penalties differ slightly from state to state.

The passenger restriction laws in each state and territory are generally based on each passenger needing to wear their own seatbelt. But some sets of road rules also make it clear that it’s illegal for anyone to travel in any part of a vehicle not meant for passengers.

Refer to our table for a state-by-state comparison of rules and penalties:

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State or Territory Penalty
NSW A person must occupy a proper seating position with a dedicated seatbelt. It’s illegal and unsafe to have too many people in a car, especially sitting on the floor or on other people's laps. It’s also illegal for passengers to travel in the boot of the car, or any part of a vehicle that has been designed to carry goods.
Fine: $362 to $1,528
Demerits: 3 points to 6 points
QLD

Drivers are penalised with a fine and demerit points if they are caught doing any of the following:

  • carrying passengers below 16 years of age who are not wearing seat belts or approved child restraints
  • driving with a passenger in a part of the vehicle which was not designed to carry them

A passenger may also be penalised for not wearing a seat belt.

Fine: $1,161
Demerits: 4 points
NT As the driver of a vehicle, you’re responsible for making sure all passengers are properly restrained in a seat belt or approved child restraint.
Fine: $500
Demerits: 3 points
WA Drivers and passengers must sit in a seat that has a seatbelt available and the seatbelt must be fastened and worn correctly. Passengers aren’t allowed to travel in the back of trucks, utes or panel vans, unless there are approved seatbelts provided.
Fine: $550 to $900
Demerits: 4 points
SA Drivers must make sure that they and any other passengers in the vehicle are wearing their seatbelt, regardless of their age. However, passengers are still accountable, as both drivers and passengers aged 16 years and over can be fined if they fail to wear a seatbelt. Drivers also need to make sure passengers are seated in parts of the vehicle designed for them.
Fine:  $422 to $499
Demerits: 3 points to 5 points
ACT It’s an offence to drive while not wearing your seatbelt or to allow passengers to travel in your car without seatbelts. It is also an offense to travel in part of the vehicle not meant for passengers.
Fine: $518 to $538
Demerits: 3 points
TAS It’s illegal for any passenger to be without a seatbelt, or to travel in any part of a car not meant for passengers.
Fine: $390 or $438.50 if in a part of the car not meant for passengers
Demerits: 3 points
VIC Everyone travelling in a motor vehicle must wear a child restraint, booster seat or seat belt that is properly adjusted and fastened. Passengers must also all be in separate seats and in sections of the vehicle designed for sitting.
Fine: $385
Demerits: 3 points
Driver and passenger inside a car

Passenger restriction laws for drivers on a provisional licence

There are two types of provisional licenses: P1 (red p plate) and P2 (green p plate). If you’re on your provisional licence, there are additional passenger restriction laws in NSW, QLD, VIC, and SA that you must follow. Depending on when your licence was issued, you may also face additional restrictions in the ACT. Different rules and restrictions apply to P1 and P2 drivers. Check the table below to see what P1 and P2 passenger restrictions apply:

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State or Territory Penalty
NSW P1 drivers under 25 aren’t permitted to drive with more than one passenger under 21 between the hours of 11pm and 5am (immediate family members exempt).
Fine: $603
Demerits: 3 points to 7 points
QLD P1 drivers under 25 aren’t permitted to drive with more than one passenger under 21 between the hours of 11pm and 5am (immediate family members exempt).
Fine: $464
Demerits: 3 points
VIC P1 drivers can’t carry more than one passenger aged between 16 to 22.
Fine: $577
Demerits: 3 points
SA If you’re a P-plate driver under 25, you can’t drive with more than one passenger aged 16 to 20 (immediate family members exempt). This rule doesn’t apply if a person with their full licence is sitting next to and supervising you.
Fine: $416
Demerits: 3 points
ACT P-plate drivers can’t drive with more than one passenger aged 16 to 22 between 11pm and 5am (immediate family members exempt). This only applies if your Provisional License was issued after 1 Jan 2020.
Fine: $514
Demerits: 3 points
Are you a P plater or just need a refresher on mobile phone rules? We have you covered with our piece on how using your mobile phone could cost you both in fines and demerits.

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Disclaimer

This article has been prepared by Allianz Australia Insurance Limited ABN 15 000 122 850 AFSL234708 (“Allianz”). In some cases, information has been provided to us by third parties and while that information is believed to be accurate and reliable, its accuracy is not guaranteed in any way.

Any opinions expressed constitute our views at the time of issue and are subject to change. Neither Allianz, nor its employees or directors give any warranty of accuracy or accept responsibility for any loss or liability incurred by you in respect of any error, omission or misrepresentation in this article.

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