What does the law say about an intoxicated licensed driver next to a Learner driver?

Question:

Please could you advise what the law states as to a learner Driver driving with a person with a drivers licence in the front seat under the influence of alcohol, be it just over the legal limit.

Answer:

• You may drive on public roads (including freeways), provided you are accompanied by someone who holds a valid driver’s licence for the class of vehicle you are driving, and who is seated next to you or, if that is not possible, then directly behind you.

• You may carry passengers in a motor vehicle provided they do not pay a fare.

There is no specific stipulation on this aspect to be found in the legislation. This question has ben raised frequently over the last weeks and the Act does not really cater for charging the person who is supervising the learner if he is under the influence, but it seems to happen quite often.

This has been passed on to the Department of Transport for consideration.

Also view:

• Are Learner Drivers covered by Car Insurance Policies?