Drunk Shadows - plz read - urgently advice needed urgently

[Brendon]

Hmm.. as far as I can tell, you can pillion your shadow if they are blind drunk, and still be legal:

ROAD TRAFFIC ACT 1974 - SECT 50
50 . Unauthorised driving by learner drivers
The holder of a learner’s permit shall not drive a motor vehicle except in conformity with any conditions to which the permit is subject and unless accompanied by a driving instructor under whose instruction the permit authorises the holder to drive seated beside the holder or, in the case of a permit to drive a motor cycle, riding in a side car attached, or on a pillion seat fitted, to the motor cycle or riding on an accompanying motor cycle.

Learning to drive

Once you have your learner’s permit, you can learn to drive.
When you are learning, you must always be accompanied by either:

a licensed driving instructor; or
a person who holds a current and valid licence and has held the class of licence specified on your permit for at least 4 years.
A person who has held a current driver's licence for at least 2 years can teach you to ride a moped if you have a moped learner’s permit.

How is having a shadow passed out on the back seat any different to having no shadow? Would insurance cover me if I was to hypothetically crash? or have I missed something?

kthx

[Sweetcheeks]

I wondered the same thing last week. Was actually wondering if there was a BAC level for shadows.

[Brendon]

lol... and look who posts up... one of the reasons for my enquiry

[Kristy]

the system is best tested when the grey areas are experimented with... just make sure you get pulled over otherwise you'll die wondering

[Brendon]

hmm.. so WSR kristy?

and how many learners can a drunk shadow shadow then ?

[Sweetcheeks]

Hey i was not your shadow sunday. I dont recall that discussion
i was referring to thursday when i took someone out and had a couple pints.

[Kristy]

hmm.. so WSR kristy?

and how many learners can a drunk shadow shadow then ?

I would oblige, but I can't shadow R class so ur shit out of luck I will however have a radar detector and laser jammer installed soon so we can hoon to our hearts content

[MattyA]

im not going to get on the back of any bike when im blind, the crash would be my fault for sure.

[JDizzle]

+1 on what matty said
did it once in bali after a night out and im suprised i made it back to the hotel

[Brendon]

the line i get from DPI is 'i would imagine there'd be a law catering for that scenario, but I don't have the information available'

[Sweetcheeks]

ocky strap me to your bike, ill promose not to drink and ill be your shadow

[timmay]

I was always under the impression that the shadow or instructor in a car had to be under the legal limit also. Now I'm not sure why. Is it written on a learners permit? Anyone?


edit: quote from NSW supervising drivers website

"The blood alcohol content (BAC) for supervising drivers is the standard limit that applies to that licence class and vehicle type."

Supervising drivers

[The Saint]

Why is advice needed "urgently"?

[jackmbee]

Give it a go. Remember ignorance is no excuse.

[Brendon]

really? it's got you a fair way

[jackmbee]

really? it's got you a fair way

Why thank you.

[Para045]

Thing is how would they know if you (as a shadow) were over (as opposed to being blind drunk), as far as I am aware there is no requirement for a passenger to submit to a breath test

[The Saint]

Any person who the police have reasonable grounds to believe was the driver or person in charge of the vehicle.

[Brendon]

^^ the rider is in charge of the vehicle... provided the pillion isn't touching any of the control devices

i also don't find anything that prevents the drunk shadow standing on the seat
unsecured cargo perhaps?

[SpeedTrip]

The DOT has some conflicting information regarding "L" drivers and the Zero BAC law.
as per Brendons link:
Standard restrictions for learner drivers

• All L-Platers must have a zero blood alcohol level at all times when driving.

But here:
Novice drivers

it says

Novice drivers are restricted to a zero Blood Alcohol Content level (BAC)

Novice drivers (drivers which have not held a driver's licence for at least 2 years) will be required to have a zero Blood Alcohol Content (BAC) when driving. This applies to all novice drivers including Learner's permit holders who are attempting to get their first driver's licence and Provisional licence holders (P-platers).


Not sure which is correct..


This doesn't apply to the shadow, I think they are subject to the standard BAC rule and can be booked as if they were actually driving the vehicle.

ROAD TRAFFIC ACT 1974 - SECT 66

66 . Requirement to submit sample of breath or blood for analysis

(1) A member of the Police Force may require the driver or person in charge of a motor vehicle,

Fairly sure if you're supervising a learner, you are classed as being in charge, I'm no lawyer though.