Exemptions are available for the the following:
- night driving restrictions for P1 licence holders and learner motorcyclists under the age of 25
- passenger restrictions for P1 licence holders under the age of 25
- restricted motorcycle learner's permit holders.
Read the exemption criteria carefully as they are different for each driving restriction.
EXEMPTION FORMS
How do I get an exemption?
You do not need to apply for an exemption but you must be able to satisfy police that you meet the relevant exemption criteria each time you get behind the wheel – as a driver, or rider, this is your responsibility.
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What evidence do I need to provide?
To assist you to comply with these laws you are encouraged to complete the relevant exemption form that is available to download on this page. You may wish to ask your employer or activity organiser to complete the details at the end of the exemption form or perhaps provide a note or letter confirming your need to travel. Keep this information with you when driving to provide to police if asked. If police aren't satisfied with the level of information provided they may conduct further investigations.
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What if I am not driving in accordance with the exemption criteria?
If you break these rules, you could receive an expiation and 3 demerit points.
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NIGHT TIME DRIVING RESTRICTIONS
No driving between midnight and 5am
If you are a P1 licence holder under the age of 25 unless a qualified supervising driver is seated in the front seat next to you or you meet the exemption criteria below.
If you are a learner motorcyclist under the age of 25 unless you meet the exemption criteria below. From November 22 2021 this applies to all learner motorcyclists regardless of other licences held.
EXEMPTION CRITERIA
- Driving between home and work or driving in the course of employment.
- Driving between home and education/training or driving in the course of education/training if you are enrolled with a school, university, TAFE, apprenticeship or other formal training provider.
- Driving between home and formal volunteer work or driving in the course of performing formal volunteer work.
- Driving between home and an activity to participate in sports, artistic, charitable, religious or scientific activities provided by an organisation, association or club.
Note: You must take the shortest most practicable route between home and the activity.
If you are the holder of a restricted learner's permit for a motorcycle these night time riding exemptions do not apply. See Restricted Learner's Permit Holders below.
Police and emergency service members (both paid and volunteer) are exempt from the night driving restriction while on duty.
THESE EXAMPLES ARE ALLOWED UNDER THE NIGHT DRIVING EXEMPTION CRITERIA
EMPLOYMENT
- A nurse rostered onto night shift can drive between home and place of employment (i.e. hospital or nursing home).
- A plumber called out to an emergency after hours can drive between home and the job site. He/she may also leave the site to drive to head office to collect equipment needed to finish the job (i.e. driving in the course of employment) before driving home.
EDUCATION / TRAINING
- A hospitality student undertaking practical studies at a restaurant between midnight and 5am can drive between home and the restaurant.
- A performing arts student who is participating in a theatre production as part of their studies can drive between home and the theatre.
VOLUNTEERS
- A first aid volunteer who performs formal volunteering duties at the Royal Adelaide Show can drive between home and the Showgrounds.
- A volunteer at an organisation that provides meals and assistance to people in need late at night can drive in the course of performing their volunteer duties.
SPORTS / CHARITABLE / SCIENTIFIC / RELIGIOUS / ARTISTIC ACTIVITIES
- A rower attending an early morning training session can drive between home and the training venue.
- A person participating in midnight mass can drive between home and the Church.
- A football player who is required to attend a gym or designated gym session as part of their training. This does not cover attendance at a gym for personal fitness training.
POLICE AND EMERGENCY SERVICES WORKERS
- Police and emergency workers (both paid and volunteer) are exempt from the night driving restriction while on duty.
THESE EXAMPLES ARE NOT ALLOWED UNDER THE NIGHT DRIVING EXEMPTION CRITERIA
EMPLOYMENT
- A hospitality worker who finishes work at 9pm, attends a late night movie session until 1am and then wants to drive home. This is not covered as they are not required to work during the restricted hours.
- A worker at a fast food outlet who finishes their shift at 1am at Unley and then drives to Victor Harbor to visit friends before driving home. This is not covered as they are not taking the shortest practicable route between home and work.
EDUCATION / TRAINING
- A university student who elects to work on an assignment at an internet cafe and drives home after midnight. This is not covered as they are not required to undertake education/training during the restricted hours.
- A TAFE student drives to a cinema for a late night movie session after a late lecture.
VOLUNTEERS
- A person who volunteers to pick up groceries or supplies for a family member/friend, and wants to drive to their house after midnight. This is not covered as it is not formal volunteer work.
- A volunteer who works at the Royal Adelaide Hospital until 10pm, and then visits friends in Modbury before driving home to Glenelg at 1.30am. This is not covered as they are not taking the shortest practicable route between home and work.
SPORTS / CHARITABLE / SCIENTIFIC / RELIGIOUS / ARTISTIC ACTIVITIES
- A footballer who plays a game at 3pm, socialises at the clubrooms afterwards and then drives home at 1am. This is not covered as the footballer was not participating in a sporting activity that required them to drive home after midnight.
- A person who attends a football match as a spectator and then drives home at 12.30am. This is not covered as the driver is not participating in the sporting activity.
NO MORE THAN ONE PASSENGER AGED 16-20
Any time of the day or night (immediate family members exempt), unless a qualified supervising driver is seated next to you or you meet the exemption criteria below.
Applies to all P1 licence holders under 25.
These rules do NOT apply to P2 drivers.
EXEMPTION CRITERIA
- Requirement to carry passengers in the course of employment.
Note: Passenger restriction exemptions are NOT available for education/training, volunteering, sports, artistic, charitable, religious or scientific activities.
Police and emergency service members (both paid and volunteer) are exempt from the passenger restriction while on duty.
THESE EXAMPLES ARE ALLOWED UNDER THE PASSENGER EXEMPTION CRITERIA
EMPLOYMENT
- A social worker who is employed to care for youth and may need to transport multiple passengers aged 16 to 20 as part of their employment.
- A tourism worker who is required to drive multiple backpackers aged 16 to 20 from the airport to their hostel.
EDUCATION / TRAINING
VOLUNTEERS
SPORTS / CHARITABLE / SCIENTIFIC / RELIGIOUS / ARTISTIC ACTIVITIES
POLICE AND EMERGENCY SERVICES WORKERS
- Police and emergency workers are exempt from the passenger restriction while on duty.
THESE EXAMPLES ARE NOT ALLOWED UNDER THE PASSENGER EXEMPTION CRITERIA
EMPLOYMENT
- A retail worker who wants to take three friends aged 16 to 20 to work, as they all work at the same store. This is not covered as they can only carry one passenger aged 16 to 20 at all times and is not in the course of employment.
EDUCATION / TRAINING
- A student who wants to take two other students aged 16 to 20 to trade school. This is not covered as they can only carry one passenger aged 16 to 20 at all times.
VOLUNTEERS
- A volunteer with a youth group who wants to drive with more than one passenger aged 16 to 20 to an event. This is not covered as they can only carry one passenger aged 16 to 20 at all times.
SPORTS / CHARITABLE / SCIENTIFIC / RELIGIOUS / ARTISTIC ACTIVITIES
- A person who wants to take three other team members aged 16 to 20 to sports training. This is not covered as they can only carry one passenger aged 16 to 20 at all times.
RESTRICTED LEARNER'S PERMIT HOLDERS
- May ride a motorcycle any time of the day or night providing you meet the exemption criteria. Only applies to Restricted Learner's Permit holders until they are 18 or are issued with a P1 licence for another class.
EXEMPTION CRITERIA
- Riding between home and tertiary education/vocational education and training or riding in the course of tertiary education/vocational education and training if you are enrolled with a university, TAFE, apprenticeship or other formal training provider.
- Riding between home and an activity to participate in sport provided by an organisation, association or club.
Note: you must take the shortest most practicable route between home and the activity.
If you are the holder of a Restricted Learner's Permit you are only permitted to ride for these reasons no matter what the time of day. Night riding exemptions listed above do not apply to you.
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