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1. If the driver (belted) is under 18, and a passenger (unbelted) is under 18, who should be charged?

Under Section 4581(a)(2), it is the driver’s obligation to make sure that all passengers are properly secured. The driver should be cited with a violating Section 4581(a)(2)(ii). According to Section 4581(b), the fine is $10.

2. If the driver (belted) is under 18, and a passenger (unbelted) is over 18, is there a violation of 4581(a)(2)(ii)?

This is not a violation.

3. How many passengers may a junior driver carry?

According to Section 1503(c)(2.1), a junior driver in his/her first six months may only carry one additional passenger, unless the additional passengers are immediate family members. This provision does not apply if the junior driver is accompanied by a parent or legal guardian.

4. What is an immediate family member?

Section 1503(c)(2.1) defines immediate family as brothers, sisters, stepbrothers, or stepsisters of the driver, including adopted or foster children residing in the same household as the junior driver. Cousins, in-laws, and more distant relations are not covered by this exception.

5. What is the proper charge and penalty for violating the restriction on number of passengers?

The driver should be charged with violating Section 1503(c)(2.1). It is a summary offense that carries the catch-all fine of $25 found at Section 6502(a).

6. When does a junior driver earn the ability to carry more than one non-family passenger?

The junior driver can only carry one non-family passenger for six months from the issuance of his junior license. After that, he/she can only carry three non-family passengers until his/her 18th birthday.

7. Can a junior driver lose the ability to carry more than one non-family passenger?

Yes, if he/she is responsible for a reportable accident under Section 3746(a) or if he/she is convicted of any Vehicle Code violation.

8. If the driver is under 18 and there are more passengers than belts in the vehicle, is it a violation?

Yes. The driver should be charged with violating Section 4581(a)(3). The fine is $10. Note that for this charge, it doesn’t matter whether passengers are over 18 and/or family members of the driver.