Q&A - New Driver Supervisor is Prohibited from Driving

Q&A ImageQuestion: If a novice driver is accompanied by someone over 25 who has a full class 5 license but is currently serving a 90 day immediate roadside prohibition, are they within the law? Does this count as an appropriate "Supervisor" ?

image of a young driver and older supervisor

Supervisor Must Have a Valid Licence

Both Division 30.06 MVAR (Learner) and 30.71 MVAR (Novice) contain the following requirement for the supervisor:

(b) holds a valid and subsisting driver's licence, other than a learner's licence or a Class 7 licence, of a class that permits him or her to operate a motor vehicle of that category, and

If the supervisor is a prohibited driver their licence is not valid and subsisting so they cannot legally supervise a new driver.

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Wasn't it in Sicamous where a novice or learner was charged for not having a supervisor when his grandfather was found to be impaired? If I remember correctly this charge was dropped even though technically due to his impairment his licence would have been invalid at the time.