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Provisional licence restrictions

Certain restrictions apply when you drive using a P1 or P2 licence. These restrictions also apply if you are driving on a probationary P1 or P2 licence after serving a suspension.

Peer passenger restriction

If you hold a P1 licence, are under 25, and you are driving between 11pm and 5am you can only carry 1 passenger under the age of 21 who is not an immediate family member.

An immediate family member includes a:

  • brother or sister of the driver
  • stepbrother or stepsister of the driver
  • child, stepchild, foster child or ward of the driver
  • spouse (including de facto partner) of the driver
  • stepparent of the driver
  • guardian of the driver
  • approved carer of the driver (if the driver is a child)
  • child, stepchild, foster child or ward of an approved carer of the driver (if the driver is a child)
  • foster child or ward of a parent or stepparent of the driver
  • child, stepchild, foster child or ward of a guardian of the driver
  • spouse (including de facto partner) of a grandparent of the driver
  • a person who is regarded under Aboriginal tradition or Torres Strait Islander custom to be a child of the driver (if the driver is an Aboriginal person or a Torres Strait Islander).

Mobile phone restrictions

All drivers are banned from holding a mobile phone in their hand or having it rest on any part of their body, such as their lap, while driving. This applies even if you're stopped in traffic.

The phone does not need to be turned on or in use for it to be an offence. Find out more about mobile phone rules that apply to all drivers.

P1 licence holders under 25 years of age

P1 licence holders under 25 years of age must not use a mobile phone including:

  • hands-free kits
  • Bluetooth accessories
  • wireless headsets
  • a phone's loudspeaker function.

If your phone is in a pocket of your clothing or a pouch you're wearing, you must not use it in any way. This includes touching it, looking at it or operating it with your voice.

Your passengers can’t use a phone on loudspeaker while you are driving either. If your passengers are found using a phone on loudspeaker while you are driving, they may be given a fine.

P2 licence holders and P1 licence holders over 25 years of age

P2 licence holders and P1 licence holders over 25 are allowed hands-free use of a mobile phone, for example, in a cradle attached to the vehicle. This can include:

  • to accept calls
  • use navigation apps
  • skip a song
  • accept/finish a trip as a rideshare driver.

The position of the phone must not obscure your view of the road, and you must always maintain proper control of the vehicle and drive with due care and attention.

  • P2 licence holders and P1 licence holders over 25 can use a phone hands-free if it's in a pocket of your clothing or a pouch you're wearing. You must not touch or look at the phone, you can only operate it using your voice.

This table give an overview of mobile phone restrictions for P1 and P2 licence holders.

Licence type and ageHands-free Wireless headsets Mobile phone on loud speaker
P1 licence holder under 25 Not allowed Not allowed Not allowed
P1 licence holder over 25 Allowed Allowed Allowed
P1 probationary/restricted licence holder Not allowed Not allowed Not allowed
P2 licence holder Allowed Allowed Allowed
Passengers of a P1 licence holder who is under 25 Allowed Allowed Not allowed
Passengers of a P1 probationary licence holder Allowed Allowed Not allowed

Penalties for using mobile phones illegally

If you are found using a mobile phone while driving, you may be given a fine and demerit points will be recorded on your traffic history. Double demerit points apply for second or subsequent mobile phone offences committed within 12 months of an earlier offence.

High-powered vehicle restrictions

High-powered (performance) vehicle restrictions apply to P1 and P2 licence holders under the age of 25.

These restrictions also apply if you are returning from a disqualification to a P1 or P2 probationary licence, and you were under 25 at the time of the offence. These restrictions apply for the duration of the probationary period regardless of your age.

If you are caught driving a high-powered vehicle and you do not hold an exemption, you will receive a fine and demerit points.

Check if your high-powered vehicle has been approved for driving by P1 or P2 licence holders.

You are allowed to drive a high-powered vehicle if you meet all of these criteria:

  • you hold a P1 or P2 provisional licence with an automatic licence condition
  • you are learning to drive a vehicle with manual transmission with an appropriately qualified supervisor.

Definition of high-powered vehicles

Cars manufactured on or after 1 January 2010

A car manufactured on or after this date is a high-powered vehicle if it has:

The power-to-weight ratio is calculated by dividing the car’s maximum engine power in kilowatts (kW) by the tare mass and multiplying the result by 1,000.

For example, the power-to-weight ratio of a car that has a maximum engine power of 195kW and a tare mass of 1,667kg would be calculated as:

  • (195 ÷ 1667) x 1,000 = 117kW/t.

Cars manufactured before 1 January 2010

A car manufactured before 1 January 2010 is a high-powered vehicle if it has:

The following vehicles are exempt and can be driven on a P1 or P2 licence:

  • Suzuki Cappuccino 2D Cabriolet Turbo 3 657–698cc (1992–1997)
  • Daihatsu Copen L880 2D Convertible Turbo 4 659cc (2003 or later)
  • Smart Fortwo Coupe 2D Turbo 3 698cc (2000 or later)
  • Smart Fortwo Cabriolet Turbo 3 2D 698cc (2000 or later)
  • Smart Roadster Turbo 3 2D 698cc (2000 or later)
  • Toyota Landcruiser.

Apply for high-powered vehicle exemption

You can apply for an exemption, and if granted, you will be given a certificate which you must always carry while driving the high-powered vehicle.

You are eligible to apply for an exemption to drive a high-powered vehicle if any of the following situations apply to you:

Individual exemptions

Personal circumstance grounds

You can prove you need to drive a high-powered vehicle:

  • to or from your place of employment
  • as part of your employment
  • to or from the education institution you attend
  • to get medical treatment for yourself or a family member.

In addition, you must prove that:

  • there is no other transport reasonably available to you
    and
  • refusal to issue you a certificate of exemption will cause severe hardship to you or your family.

Your traffic history will also be taken into consideration.

Vehicle ownership grounds

You can prove the only car reasonably available to you is a high-powered vehicle that:

  • if manufactured on or after 1 January 2010—was owned by you on 1 January 2014 and you still own it
  • if manufactured before 1 January 2010—was owned by you on 30 June 2007 and you still own it
  • is owned or leased by an immediate family member
  • is in the possession of an immediate family member under an employment or salary package.

In addition, you must prove that:

  • there is no other transport reasonably available to you
    and
  • refusal to issue you a certificate of exemption will cause severe hardship to you or your family.

Your traffic history will also be taken into consideration.

Moderately powered vehicle grounds

The car you wish to drive was manufactured before 1 January 2010 and has:

  • a turbocharged or supercharged engine that is not diesel powered
  • a maximum power-to-weight ratio of 125kW/t
  • no other features of a high-powered vehicle as outlined previously.

You can calculate the power-to-weight ratio of a car by dividing its maximum engine power in kilowatts by the kerb weight and multiplying the result by 1,000. For example, a vehicle with a maximum engine power of 195kW and a kerb weight of 1,667kg would have a power-to-weight ratio of 117kW/t.

Check your vehicle online—moderately powered vehicles are marked ‘Application required’.

Apply in person

You will need to:

Apply by mail

You can send your exemption application form and fee (cheque or money order payable to the Department of Transport and Main Roads) to:

Department of Transport and Main Roads
CPU (Exemptions)
PO Box 2167
MANSFIELD  QLD  4122

Business exemptions

Businesses that employ P1 and P2 licence holders under 25 years old may be eligible to apply for a business certificate of exemption to allow their employees to drive high-powered vehicles when they are at work.

A business can apply if they can prove that:

  • driving high-powered vehicles is necessary to the operation of your business, for example, your business services high-powered vehicles
  • your employees are required to drive high-powered vehicles as part of their duties
  • driving high-powered vehicles is an essential part of the tasks your employees are required to perform and the tasks cannot be undertaken in a vehicle that is not a high-powered vehicle.

To apply, a business representative will need to:

Please send the application form and fee (cheque or money order made out to the Department of Transport and Main Road) to:

Department of Transport and Main Roads
CPU (Exemptions)
PO Box 2167
Mansfield QLD 4122

Late night driving restriction

A late night driving restriction is imposed if:

  • you accumulate excessive demerit points resulting in either a good driving behaviour period or a licence suspension
    or
  • your licence is suspended for committing a high speed offence.

A late night driving restriction is only imposed if, at the time of the offence, you were under 25, and held a provisional or probationary licence or you did not hold a valid licence and were not eligible for an open licence.

A late night driving restriction is also imposed if you are disqualified from holding or obtaining a Queensland driver licence, if you committed the offence when you were under 25 and held provisional, probationary or open licence or did not hold a valid licence.

A late night driving restriction will apply for 1 year and means you can’t drive between 11pm and 5am. The restriction will still apply even if you upgrade to an open driver licence or add another class to your licence.

The date your late night driving restriction starts will depend on why it is being applied.

If you choose a good driving behaviour period, the late night driving restriction will start on the same day the good driving behaviour period starts.

If you are suspended, the late night driving restriction will start the day after your licence suspension period ends.

If you apply for a special hardship order, your late night driving restriction will start either the day the court grants the special hardship order, or—if the court does not grant a special hardship order—the day after the amended suspension period ends.

If you are disqualified by a court, the late night driving restriction will start:

  • if the offence was committed before 1 January 2014—the day you reapply for your driver licence after the disqualification period ends
  • if the offence was committed on or after 1 January 2014—the day after your disqualification period ends.

If you are granted a restricted (work) licence by a court, the late night driving restriction will start:

  • if the offence was committed before 1 January 2014—the day after you have completed your work licence order period
  • if the offence was committed on or after 1 January 2014—the day the court grants the work licence order.

Penalties for breaking your restriction

You will be penalised if you drive between 11pm and 5am and you have a late night driving restriction, or you have an exemption but you don’t have your exemption certificate with you. You may be fined and get demerit points.

Driving with an exemption

If granted an exemption, you must carry your approved exemption certificate with you at all times and produce it if asked to by a police officer. You can be fined if you drive without your approved exemption certificate.

Apply for a late night driving restriction exemption

You can apply for an exemption from the late night driving restriction if you can prove that both of the following circumstances apply to you:

  1. You need to drive for a purpose
    You must need to drive late at night:
    • to or from your place of employment
    • as part of your employment.
  2. Refusal of an exemption will cause severe hardship
    You must prove that you or your family will suffer severe hardship if an exemption is refused.

    This means severe hardship suffered by you, or your family, because you have taken on a role of special responsibility for your family, like providing financial support.

Some examples of this special responsibility include:

  • You will lose your job if you can’t drive to work between 11pm and 5am and you provide financial support to your family.
  • You are a shift worker and your job requires you to drive between 11pm and 5am and you need to work to provide financial support to your family.

Your employer must support your application.

Submitting an application does not guarantee that it will be approved. We will tell you the result of your application in writing within 28 working days of you submitting your application.

Apply online

You will need to:

Apply in person

You will need to:

Apply by mail

You can send your exemption application form and fee (cheque or money order payable to the Department of Transport and Main Roads) to:

Department of Transport and Main Roads
CPU (Exemptions)
PO Box 2167
MANSFIELD  QLD  4122

Last updated:
14 October 2022
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