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phil
By phil | AA Member | 1 Post | 10 March 2018 at 10:54am

My 16 year old was given a ticket for carrying a passenger, in breach of his Restricted License conditions.

At the time of ticketing the car was parked outside his "passenger's" house, and they were talking and using the WIFI. The car wasn't running.

Surely this ticket should not have been issued otherwise every kid who has ever sat in the driver's seat of the family car would be breaking the law and could be fined? Is this a reasonable defense? Isn't the crime meant to be "driving" with a passenger?

Would love your opinion.
Thanks

Anon
By Cade | AA Expert | 3937 Posts | 13 March 2018 at 3:43pm

Hi there,
In the NZTA rule I can see it does say "carrying a passenger" and this may be harder to argue against than "driving with a passenger" and it may also make a difference if the car was parked in a driveway vs the side of a public road. https://www.nzta.govt.nz/driver-licences/getting-a-licence/licences-by-vehicle-type/cars/restricted-licence-2/restricted-licence-demerit-points-and-fines/
The Land Transport act says "Drive" http://www.legislation.govt.nz/act/public/1998/0110/160.0/DLM434509.html
However, this may be something to query the infringement about. https://www.nzta.govt.nz/driver-licences/getting-a-licence/licences-by-vehicle-type/cars/restricted-licence-2/restricted-licence-demerit-points-and-fines/