Photo: Orderinchaos, CC BY-SA 3.0, via Wikimedia Commons
Since 1 December 2024, WA red P plate drivers can carry only one passenger at all times, in a car or on a motorbike. There are three exemptions: an extra passenger who has held a full car licence for at least 4 years, immediate family, and passengers carried for work with an employer’s letter. Red P drivers also cannot drive between midnight and 5am unless travelling for work or school. This guide explains each rule, the exemptions and the proof police can ask for.
Key facts
- Red P plates: the first 6 months of your provisional licence.
- Passenger limit: 1 passenger, at all times (Tom’s Law, in force from 1 December 2024).
- Curfew: no driving from midnight to 5am, except to, from or for work, or to or from school.
- Penalty for breaking the passenger limit: a $200 fine and 2 demerit points, the same as for the curfew.
- Blood alcohol: 0.00. Demerit limit: 4 points in your first year.
The one passenger rule (Tom’s Law)
The WA Government announced the change on 27 October 2024, and it applied from 1 December 2024 to all current and future red P drivers. It is called Tom’s Law after Tom Saffioti, a 15-year-old passenger in a 2021 crash. The driver was on their Ps and the car was overloaded with young people.
The limit is one passenger in the car, whatever their age, unless an exemption applies. It lasts only while you are on red P plates.
The three exemptions
You can carry more than one passenger if:
- An experienced driver is on board. One of the extra passengers has held a full C class (car) licence for at least 4 years.
- The others are immediate family. That means your spouse, de facto partner, child, step-child, grandchild, step-grandchild, sibling, half-sibling, step-sibling, parent, step-parent, grandparent or step-grandparent.
- It is for your job. The extra passengers are there because your paid or unpaid work requires it, and you carry a letter from your employer.
You don’t apply for any exemption, but WA Police can ask you to prove that you and your passengers meet it.
Does the 4-year licence holder need to be sober?
No. DTMI says a full licence passenger riding with a red P driver is not subject to an alcohol or drug limit, unlike a learner’s supervisor.
What the employer letter must include
Your employer can use DTMI’s Passenger Restriction Exemption Provisional Licence form (Form E190), or write their own letter. Their letter needs:
- your full name and driver’s licence details
- the company or employer name and contact details
- the ABN or ACN, if there is one
- why you need to carry more passengers
- who the extra passengers are, if known.
Passengers already covered by another exemption, such as family, don’t need to be listed.
Quick scenarios
| Situation | Allowed on red Ps? |
|---|---|
| You and one friend | Yes |
| You and two friends | No |
| You, your two younger siblings and a friend | Yes. Your siblings are immediate family, leaving one other passenger |
| You, two friends and your aunt, who has held a full car licence for 10 years | Yes, under the experienced driver exemption |
| You drive two co-workers between job sites, with an E190 letter | Yes, under the employment exemption |
| You drive home from a party at 1am | No. That breaks the curfew |
The aunt and family examples apply DTMI’s exemption wording to everyday situations. If you are unsure about your own case, check with DTMI.
The midnight to 5am curfew
For the first 6 months on your P plates, you must not drive between midnight and 5am unless you are travelling:
- to or from work, or in the course of your work (by the shortest practical route), or
- to or from school (by the shortest practical route).
Drive Safe describes the exemption as covering paid or voluntary work, training and education. Start your trip as soon as possible after work or school finishes. If police stop you, you must be able to show evidence, such as a letter from your employer or school. Penalties can apply if you can’t.
Other rules on red P plates
- Display red P plates front and rear at all times.
- 0.00 blood alcohol.
- No handheld phone use. Calls only with the phone in a fixed cradle or voice activated. No texting, social media or video.
- 4 demerit point limit from your learner’s permit until the end of your first year on Ps.
- Some offences, such as careless driving or a BAC of 0.02 or more, can lead to disqualification and cancellation of your provisional licence on their own.
Points and disqualification are covered in WA novice demerit points.
When do my red Ps end?
After 6 months you switch to green plates. To check your exact date:
- log in to DoTDirect
- use DTMI’s Driver’s Licence Status Enquiry tool
- call 13 11 56, or
- visit a service centre or regional agent with primary and secondary ID.
What changes next is in WA green P plates and getting your full licence.
Common questions
Can a red P plater drive their family around in WA?
Yes. Immediate family members don’t count towards the one passenger limit.
Does the passenger limit apply on a motorbike?
Yes. It covers one passenger in a car or on a motorbike.
Does the limit apply to my girlfriend or boyfriend?
Only spouses and de facto partners are listed as immediate family. Any other partner counts as your one passenger.
How long does the passenger rule last?
Only for the first 6 months of your provisional licence, while you are on red P plates.
Do I need to carry my E190 form every time?
Yes, whenever you rely on the employment exemption. It must be with you to show WA Police if asked.
Can I drive home from a late shift at 2am on red Ps?
Yes, if you go straight home from work by the shortest practical route and can show proof, such as an employer letter.
For how WA’s red P rules compare with other states, see P plate rules in every Australian state compared. For the full path to your licence, see learning to drive in Western Australia.
Sources
- Department of Transport and Major Infrastructure WA, “Driving on your P plates” (transport.wa.gov.au)
- Department of Transport and Major Infrastructure WA, “Red plate. One mate | New rules for red P-platers” (transport.wa.gov.au)
- Department of Transport and Major Infrastructure WA, “Get your provisional licence” (transport.wa.gov.au)
- Department of Transport and Major Infrastructure WA, “Drive Safe: A handbook for Western Australian road users”, revised 5 August 2026 (transport.wa.gov.au)