Q&A - Passenger Limits When Passengers are Drunk?

New Driver Signs 2011My Friends were at a Christmas party, and had their 20 year old son pick them up at 11:30 to drive them home as they had been drinking. They got stopped in a roadblock and the son got a $311.00 fine for driving with too many people in the car.

He made everyone get out of the vehicle and walk.

From my understanding the rule of one passenger for a novice driver is not applicable to immediate family. The officer said does not matter that they are immediate family if they have been drinking.

I see know where in the laws where this is true. Do you have any insight. I believe they should fight this as the officer made a mistake.

I see no restrictions for the (immediate family members) to be sober for a driver with an N

Accompanying adult conditions and passenger restrictions for Class 7 licence

30.071 (1) Subject to subsection (2), a person to whom a Class 7 licence is issued on or after October 6, 2003 must not carry more than one passenger while operating a motor vehicle of a category designated in section 30.01 (2) for that class of driver's licence unless the person is accompanied by another person who

(a) is at least 25 years of age or is a licensed driver training instructor engaged in providing practical driver training to the person in accordance with Division 27,

(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

(c) occupies

(i) the seat beside the operator, or

(ii) the seat or area immediately behind and to the right of the operator, in the case of a motor vehicle of the category designated for the class of licence issued in which there is no seat beside the operator.

(2) Subsection (1) does not apply to a passenger who is an immediate family member of the person.

Violation of the number of passenger rules for an N driver does not result in a $311 fine, but more than one violation on the ticket could add up to $311 which is why I am wondering about the details. I am guessing that there is more to the story than you are telling me or that you have not been told so cannot relate here.

You are correct, being intoxicated does not change the number of passengers allowed. However, I would need to know the sections shown on the ticket for the charges to be able to comment specifically.