Driving Tests

California Provisional License Rules: Curfew, Passengers, Exceptions

informational·how to guide·Published June 12, 2026

What can't I do in the first 12 months of a California provisional license?

For 12 months after a California provisional license is issued, you may not drive between 11 p.m. and 5 a.m. or carry passengers under 20. A licensed parent or guardian, a licensed driver 25 or older, or a licensed or certified instructor who rides along and supervises lifts both limits. Medical, school, work and family-need exceptions allow night driving or driving an immediate family member, with a signed statement.

Where the provisional license rules come from

California sets these limits in Vehicle Code 12814.6, the Brady-Jared Teen Driver Safety Act of 1997. The California DMV explains them in the Driver Handbook, Section 2. Section 7 of the Handbook and the DMV Driver's Licenses page give the points and license-class details. The violation points come from Vehicle Code 12810, as of 2026. When the Handbook words a rule differently from the law, this guide follows the law. Confirm the rules with the California DMV (dmv.ca.gov) before you drive.

What a provisional driver cannot do in California

Who these rules cover: a driver license issued to a person who is at least 16 but under 18, except as Vehicle Code 12814.7 provides.
Night driving (the curfew): no driving between 11 p.m. and 5 a.m. during the first 12 months after the license is issued.
Passengers: no passengers under 20 during the same 12 months.
Who lifts both limits: a licensed parent or guardian, a licensed driver 25 or older, or a licensed or certified driving instructor, who rides along and supervises you.
Pay and commercial vehicles: the DMV Driver Handbook also says a provisional driver cannot drive for pay or operate vehicles that need a commercial Class A, B or C license.

Can I drive? Two common situations in the first 12 months

You drive between 11 p.m. and 5 a.m. and no supervising driver rides along

Not allowed, unless an exception below applies to you.

You drive friends or classmates under 20 and no supervising driver rides along

Not allowed. The exceptions below cover night driving and an immediate family member only, not other passengers under 20.

Exceptions for night driving and carrying a family member

The law lets you drive between 11 p.m. and 5 a.m., or transport an immediate family member, without a supervising driver in these cases: your medical need, schooling or a school activity, employment, and a necessity of yours or of an immediate family member. Each one applies only when reasonable transportation is inadequate and driving by a minor is necessary. For each one, keep a signed statement with you (see the table below). A provisional driver who is an emancipated minor may also drive at those hours or transport an immediate family member without a supervising driver.

The signed statement to carry for each exception

The signed statement to carry for each exception
Reason	Who signs	What the statement shows
Your medical need	A physician familiar with the condition	A diagnosis and the probable date when you will have recovered enough to end the need
School or a school activity	The school principal, the dean, or a staff member they designate	The probable date when the schooling or activity will end
Work	Your employer	Your employment, and the probable date when it will end
Necessity of you or an immediate family member	A parent or legal guardian	The reason and the probable date when the necessity will end. The DMV Driver Handbook adds that the note states which family member

Can a provisional driver drive a brother or sister?

A brother or sister under 20 is a passenger under 20, so the first-year passenger limit covers them. With a supervising driver from the list above, you may carry them. Without one, an exception must apply. The family necessity exception lets you transport an immediate family member when reasonable transportation is inadequate and driving by a minor is necessary. You must carry a signed statement from a parent or legal guardian. Ask the DMV whether your brother or sister counts as an immediate family member before you rely on this exception.

When do the first-year limits end?

The night and passenger limits last for the first 12 months after the provisional license is issued. The DMV prints the original issue date of the provisional license on its face. Turning 18 does not end a restriction, suspension or probation that the DMV sets for points (see the table below). You can test the 11 p.m. to 5 a.m. window with a practice question on the first-year night restriction.

Curfew tickets, points and DMV actions for a provisional driver

Curfew tickets, points and DMV actions for a provisional driver
What happens	Result under California law
Ticket for breaking the night or passenger limit	The court must order community service (8 to 16 hours for a first offense, 16 to 24 hours for a second or later offense) or a fine of up to $35 (U.S. dollars) for a first offense and up to $50 for a second or later offense. The conviction does not count as a violation point.
Points from other convictions or collisions	Most convictions about the safe operation of a vehicle count 1 point. A collision for which the DMV finds you responsible counts 1 point. Reckless driving counts 2 points.
2 or more points in 12 months	A 30-day restriction. You must have a licensed parent, spouse, guardian or other licensed driver 25 or older with you, except when you ride a motorcycle (class M) with no passengers aboard.
3 or more points in 12 months	A 6-month suspension and one year of probation. During probation you must break no law that the court would report to the DMV, and you must not be found responsible for a collision.

Related guides

California Provisional License Points: Restriction, Suspension
Points, the 30-day restriction and the 6-month suspension for a driver under 18.
How to Get a California Driver's License at 18 or Older
The steps for an adult who gets a first California license.

Key takeaways

For 12 months after a provisional license is issued, do not drive between 11 p.m. and 5 a.m. or carry passengers under 20, unless a supervising driver rides along.
Medical, school, work and family-need exceptions need a signed statement in your possession and apply only when reasonable transportation is inadequate.
A conviction for breaking the night or passenger limit brings community service or a fine and no violation point. 2 points in 12 months bring a 30-day restriction, and 3 points bring a 6-month suspension.
Next step: practice the provisional license rules on the free California Class C permit practice test.

California provisional license rules: common questions

Can a provisional driver drive a friend who is 20 or older?

Yes, outside the night hours. The passenger limit covers only passengers under 20, so a friend who is 20 or older may ride with you. Between 11 p.m. and 5 a.m., the night limit still applies unless a supervising driver rides along or an exception applies to you.

Does a curfew or passenger ticket put a point on my record?

No. A conviction for breaking the night or passenger limit does not count as a violation point under Vehicle Code 12810, even when the court reports it to the DMV. The court must still order community service or a fine.

Can my parents cancel my provisional license?

Yes. A parent or guardian may cancel a teen's license with the DMV form Request for Cancellation or Surrender of a Driver License or ID Card. For a driver under 18, a parent or guardian signed the permit application to approve it and to accept financial responsibility.

Do these rules apply if I get my first California license at 18 or older?

No. The night and passenger limits are part of the provisional program in Vehicle Code 12814.6, which covers a license issued at 16 or 17. A license issued to a driver under 18 has the word provisional on it. For the permit, the test and the license as a first-time adult, see the related guide for adults.