WA Red P Plate Rules: New Laws & What You Need to Know

Western Australia (WA) has implemented significant new rules for Red P-plate drivers (those on their Provisional licence), aimed at reducing death and serious injury on the roads. These changes, known as "Tom's Law," came into effect on December 1, 2024. This guide explains everything WA Red P-platers need to know.

💡

You'd be surprised how much you could save on a new car. Find out more!

Key Change: The One-Passenger Limit ("Tom's Law")

The most important new rule is the one-passenger limit. Red P-plate drivers in WA are now restricted to carrying only one passenger in their vehicle (or on their motorcycle) at all times. This applies to all current and future Red P-plate holders.

Why This Law Was Introduced:

This legislation, referred to as "Tom's Law," is named after Tom Saffioti, a 15-year-old who tragically died in a car crash in 2012 while a passenger in an overloaded vehicle driven by a probationary driver. The law aims to reduce distractions and risks associated with novice drivers carrying multiple young passengers. It also brings WA in line with other Australian jurisdictions.

WA Red P Plate Rules: New Laws & What You Need to Know

Exemptions to the One-Passenger Rule:

There are three key exemptions to the passenger limit:

Experienced Driver Passenger: If one of the passengers holds a full "C-class" driver's licence and has held it for at least four years, additional passengers are permitted. Note: This passenger is not required to be sober or fit to drive, unlike a supervising driver for a learner.
Immediate Family Members: If the additional passengers are immediate family members, the one-passenger limit does not apply. "Immediate family" includes:
- Spouse or de facto partner
- Child, step-child, grandchild, step-grandchild
- Sibling, half-sibling, step-sibling
- Parent, step-parent, grandparent, step-grandparent
Employment Requirement: If carrying more than one passenger is a necessary requirement of the driver's employment (paid or unpaid), an exemption applies. However, the driver must carry a letter from their employer confirming this requirement. The WA Department of Transport provides a template form (E190) for this purpose, or the employer can create their own letter, including:
- Driver's full name and licence details
- Employer's name and contact information
- ABN or ACN (if applicable)
- Reasons for transporting multiple passengers
- Names of the additional passengers (if known)

You do not need to formally apply for these exemptions, but you must be able to provide proof to WA Police if requested.

Other Important Red P Plate Rules:

In addition to the new passenger limit, Red P-platers in WA must also:

Display Red P Plates: Clearly display red P plates on the front and rear of the vehicle (rear only for motorcycles).
Midnight to 5 AM Curfew: For the first six months of holding a provisional licence, you cannot drive between midnight and 5 AM, unless traveling to or from work or study (and by the shortest practicable route). You must be able to provide evidence of this exception if stopped by police.
Zero Blood Alcohol Content (BAC): Maintain a 0.00% BAC.
Follow All Road Rules: Adhere to all general Western Australian road rules.

Demerit Points:

WA uses a demerit point system. Novice drivers (those who have held a licence for less than two years) face licence suspension or disqualification for accumulating:

4 demerit points from the issue of the learner's permit until the end of the first year of the provisional licence.
8 demerit points until the end of the second year of the provisional licence.

The penalty for breaching the one-passenger limit (or the curfew) is a $200 fine and two demerit points.

Green P Plates:

After holding a Red P-plate for 6 Months. You are given a green P Plate.

Safe Driver Reward Program:

WA offers a "Safe Driver Reward Program" to incentivize safe driving. If you have no traffic offences during your two-year probationary period, you receive a free one-year full licence renewal. This program has been expanded: drivers who maintain a clean record for a third consecutive year can receive up to a $100 discount on their next licence renewal.

💡

Thousands of unbeatable car deals are waiting for you at CarExplore.

Let our experts do the hard work so you can drive away with the best price. Start exploring today. Find out more!

Additional Road Safety Initiatives:

The WA government is also implementing other road safety measures, including:

A pilot "Safer Driver Course" for young drivers.
Expansion of the "Prevent Alcohol and Risk-related Trauma in Youth (P.A.R.T.Y.)" program.
A comprehensive review of learner and provisional driver licensing schemes.