Parent in car with restricted driver - passenger or supervisor and alcohol

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gedc

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#207699 9-Jan-2017 21:27

So having perused nzta website and read a number of different forum topics i find myself back at geekzone looking for an answer. Don't fail me people !!

Son has passed his test and is now on restricted. I believe from what ive read there sre specific rules around who he can drive with - either a supervisor and the regs that accompany that or passengers who can be a parent, spouse or dependants of the driver.

Assuming the time is around 8pm at night i.e well before the 10pm curfew and i'm his parent , i'm believing from what i've read that he can drive me as a passenger i.e NOT a supervisor. . Am i allowed to have consumed alcohol given i'm a passenger.

Keen to figure this out before and not after. We are heading out for a family celebration and would normally take two cars and have two sober drivers but this could be another option.

Thanks for your thoughts

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#1700652 9-Jan-2017 21:35

You must not carry passengers unless you have a supervisor with you. The only passengers you can carry without a supervisor are:

your spouse or partner (partner means a civil union partner or de facto partner)
your parent or guardian
a child who lives with you and is under the care of you or your spouse or partner, eg you or your spouse are their parent or guardian
a relative who lives with you and who receives a social security benefit, eg the domestic purposes, invalid’s, sickness, unemployment or widow’s benefits
someone you look after as their primary caregiver.

A supervisor must have had a full New Zealand licence for at least two years

A supervisor is someone who:

holds a current full New Zealand driver licence for the class of vehicle you are learning to drive
has held their full New Zealand licence (or an equivalent overseas driver licence) for at least two years, and
does not have a supervisor condition on their own driver licence.

I believe you should be ok being his parent

k1w1k1d

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#1700684 9-Jan-2017 22:56

I think gedc is asking if a restricted driver can drive his/her parent home when the parent has consumed too much alcohol to drive.

sonyxperiageek

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#1700691 9-Jan-2017 23:17

That would be a yes according to Jase2985's post.

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blakamin

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#1700702 10-Jan-2017 01:10

Possibly, but only if the parent/s is/are the only passenger/s in the car so therefore not acting as supervisor. If there was others, it'd be all over.

I'd go so far as suggesting the parent/s sit in the back.

trig42

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#1700720 10-Jan-2017 08:58

Pretty sure you'd be OK with a car full of pissed relatives. So long as said relatives were not leering out windows or causing distractions.

Technically it may be against the law not to have a supervisor if one of the passengers is not a parent/spouse/dependant, but I'd like to think most police officers would wave you through if you blew a zero result.

In fact, every time I've been breath tested, they've never asked to see my license.

gedc

355 posts

Ultimate Geek

#1700721 10-Jan-2017 09:02

Hi everyone.

That was my take on it as well.

Agreed if there are other people in the car then technically I become a supervisor (as he's not allowed to carry general passengers without supervision) so would have to be alcohol free. If it's just me and him and it's before 10pm ( at which time he's not allowed to drive unless supervised ) then I would qualify as a passenger and I can't find anything that says passengers must be alcohol free. However, I also assume it's not something they would want to promote for obvious reasons.

Thanks

Coil

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#1700722 10-Jan-2017 09:11

What i was told is that the supervisor has to be in a legal state to drive if the driver can not.

Hope that clarifies it.

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trig42

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#1700723 10-Jan-2017 09:18

TimA:

What i was told is that the supervisor has to be in a legal state to drive if the driver can not.

Hope that clarifies it.

That is true, but a restricted driver does not need a supervisor if the passenger(s) is/are Parents/Guardians/Spouse/Partners/Dependants.

Linux

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#1700726 10-Jan-2017 09:20

TimA:

What i was told is that the supervisor has to be in a legal state to drive if the driver can not.

Hope that clarifies it.

110% correct

Linux

Coil

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#1700727 10-Jan-2017 09:25

trig42:

TimA:

What i was told is that the supervisor has to be in a legal state to drive if the driver can not.

Hope that clarifies it.

That is true, but a restricted driver does not need a supervisor if the passenger(s) is/are Parents/Guardians/Spouse/Partners/Dependants.

Correct, So they are in no breach of the law in that case as its exempt. How ever after 10PM at night and before 5AM they have to have a supervisor.

Linux:

TimA:

What i was told is that the supervisor has to be in a legal state to drive if the driver can not.

Hope that clarifies it.

110% correct

Linux

Im pretty sure you took me for a few driving lessons back in the day!

Jase2985

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#1700734 10-Jan-2017 09:45

TimA:

What i was told is that the supervisor has to be in a legal state to drive if the driver can not.

Hope that clarifies it.

but thats not the question

Coil

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#1700745 10-Jan-2017 10:19

Jase2985:

TimA:

What i was told is that the supervisor has to be in a legal state to drive if the driver can not.

Hope that clarifies it.

but thats not the question

The alcohol part of the question yes.
Its a double edged sword. Hes a capable supervisor but at the same time the law allows for him to be carried as a passenger.
I would say in this instance the law would classify you as a supervisor over a passenger. As your his legal guardian and you not under the care of your son. But on the same hand you could be intoxicated in an emergency or very unwell where he is required to drive you.

Its down the the situation and discretion.

If you need a ride and your drunk use a Taxi ;)

Rikkitic

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#1700757 10-Jan-2017 10:30

If the parent is sober he is/can be a supervisor. If not, he is a passenger. The regular rules apply. Restricted driver can carry a car full of pissed relatives until 10 pm. Drunk dad cannot supervise.

Plesse igmore amd axxept applogies in adbance fir anu typos

networkn

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#1700765 10-Jan-2017 10:55

I would encourage for the passengers not to be pissed, esp if they are distracting the driver, true under all circumstances, but especially true with "new" drivers.

A restricted driver is still inexperienced, still "learning" and should be afforded every chance to learn under optimal conditions where possible.

The others have covered the legal side of it.

Jase2985

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#1700801 10-Jan-2017 11:37

TimA:

The alcohol part of the question yes.
Its a double edged sword. Hes a capable supervisor but at the same time the law allows for him to be carried as a passenger.
I would say in this instance the law would classify you as a supervisor over a passenger. As your his legal guardian and you not under the care of your son. But on the same hand you could be intoxicated in an emergency or very unwell where he is required to drive you.

Its down the the situation and discretion.

If you need a ride and your drunk use a Taxi ;)

Not at all, as soon as you are too drunk to be a capable supervisor (same limit as if you were driving) you then become a passenger.

But even then as his parent you could be either as long as you meet the criteria for being a supervisor or a legal passenger with out a supervisor..

If they have been drinking and its before 10pm then they are most certainly a passenger. and the law says its ok. i just wouldn't be putting more people in the car.

He can be in the back seat of the car and not drunk and still be a passenger, and its still ok for his son to drive him round as hes his son's parent/guardian.

so the answer to the question is yes your son can drive you.

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