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Say I pick my partner up before 10pm but leave the premises after 10pm and he is intoxicated and I'm only on a restricted but he has his full, is this allowed? or does the full licese passenger have to be sober?

Under these circumstances you would be in breach of your Restricted licence conditions. Under the Driver Licensing Rule, a Restricted driver must not drive between 10pm and 5am unless accompanied by a qualified supervisor "who is in charge of the vehicle". If your fully licensed passenger is intoxicated then they cannot be in charge of the vehicle. Our advice is to pick up your partner and return home before 10pm. Note you cannot carry any other drunk passengers at any time (unless accompanied by a sober qualified driver), except your partner.

Thank you