Driving Tests

Delaware Learner's Permit Rules: Supervisor, Passengers, 10 p.m.

informational·how to guide·Published September 23, 2026

What are the Delaware Level 1 Learner's Permit rules for supervision, passengers and night driving?

In Delaware, a Level 1 Learner's Permit holder must drive with a supervisor for the first 6 months: a licensed parent or guardian, or a licensed driver 25 or older with 5 years of Class D. After 6 months and 50 certified hours, you may drive alone from 6:00 a.m. to 10:00 p.m., and at night to and from church, work or school. Passengers: the supervisor plus 1 other.

Where the Delaware permit rules come from

Delaware sets these rules in 21 Del. C. § 2710, the law for the Level 1 Learner's Permit. The penalty is in 21 Del. C. § 2701, and the phone rule for all drivers is in 21 Del. C. § 4176C. The Delaware Driver Manual (July 2026) from the Delaware Division of Motor Vehicles (DMV) explains the same limits; where it differs from the law, this guide follows the law. This guide is current as of 2026. Confirm the rules with the Delaware DMV (dmv.de.gov) before you drive.

Who can get a Level 1 Learner's Permit in Delaware?

A teen can get the permit from age 16 to under 18. A student with an active Individualized Education Program (IEP) can apply from age 16 to under 22. The DMV issues the permit at its discretion, and you must have it in your immediate possession when you drive.

In Delaware, the road skills test comes before the permit, not after it. You must complete a driver education course, pass a written test and a road skills test (given by the DMV or by your driver education teacher), get the teacher's certification that you are qualified, and submit an application signed by a sponsor.

Who can supervise a Delaware permit holder?

The supervisor must be a properly licensed parent or guardian, or a licensed driver who is at least 25 years old and has held a Class D license for at least 5 years. The supervisor sits beside you in the front seat while the vehicle is in motion, and nobody else may sit in the front seat.

The sponsor who signed your application decides which of these drivers may supervise you. The practice question on a supervisor who is not your parent tests the age and license rule.

How the first 12 months of the permit work

1
Months 1 to 6: drive only with a supervisor
Every drive needs a qualified supervisor in the front seat. Keep the permit with you.
2
Complete 50 hours, 10 of them at night
Your parent or guardian signs a form that confirms 50 hours of driving, with 10 hours at night.
3
Months 7 to 12: drive alone from 6 a.m. to 10 p.m.
With the 50 hours certified, you may drive without a supervisor between 6:00 a.m. and 10:00 p.m. At night, you still need a supervisor for most trips.
4
Month 12: the permit ends
The permit expires 12 months after the date it was issued. To get a Class D license, you must have held the permit for at least 12 months. If your sponsor does not withdraw, the DMV notifies you by mail that you are eligible for a Class D license.

What is the 10 p.m. limit, and what are the exceptions?

From 10:00 p.m. to 6:00 a.m., a permit holder in the second 6 months may drive only with supervision. The exceptions are trips to and from church activities, work activities and your school. A school event that does not take place on school property does not count as "school".

Volunteer firefighters and ambulance attendants have a separate night exception. They need written permission from their fire chief or ambulance captain, carried with the permit. It covers only the drive home from their station or a training site, after an emergency response, an official meeting or training. Try the question on night driving after the first six months.

How many passengers can ride with you?

A supervisor rides with you (first 12 months)

Besides the adult supervisor, only 1 other passenger may ride with you. This limit does not apply to immediate members of your family, as long as the adult supervisor is in the car.

You drive alone in the second 6 months

Only 1 passenger besides you may be in the vehicle. The family exception does not apply, because it needs the adult supervisor in the car. The question on the passenger limit for the second six months tests this.

Seat belts and phones on a Delaware permit

You and all passengers under 18 must wear a seat belt, or ride in the child safety seat or booster seat that Delaware law requires, while the vehicle moves.
You may not drive while you use a cell phone, a texting device or a similar electronic device. The only exception is when you have stopped the vehicle off the travel lanes.
A phone violation counts as negligent driving, and the state can suspend a minor's permit at once for negligent driving: 1 month for a first suspension and 3 months for later ones.
Delaware also bans all drivers from holding a phone or other electronic device to call, text, view or play while the vehicle moves. The guide to the hand-held device ban for permit holders goes deeper.

What happens if you break the permit rules?

Breaking a permit restriction counts as driving without a license under 21 Del. C. § 2701(a). The permit holder is suspended for 2 months for the first offense and 4 months for each later offense.

The sponsor has duties too. A sponsor who knowingly lets you drive without a qualified supervisor, at a time when you need one, commits an unclassified misdemeanor.

Key takeaways

Delaware's Level 1 Learner's Permit is for ages 16 to under 18 (to under 22 with an active IEP), and you pass the road skills test before you get it.
Your supervisor is a licensed parent or guardian, or a driver 25 or older with 5 years of Class D, in the front seat with nobody else.
After 6 months and 50 certified hours (10 at night), you may drive alone from 6:00 a.m. to 10:00 p.m.; at night only for church, work or school trips.
Passengers: the supervisor plus 1 other, or only 1 when you drive alone. No phone use while you drive, and seat belts for all passengers under 18.
Next step: practice the rules of the road on the free Delaware Class D practice test.

Delaware learner's permit: common questions

Can my friend sit in the front seat when I drive on a Delaware permit?

Not while a supervisor rides with you. The supervising driver must sit beside you in the front seat, and nobody else may sit there. Your friend can ride in the back, but in the first 12 months only 1 passenger besides the supervisor is allowed, and every passenger under 18 must wear a seat belt.

Can my 20-year-old brother supervise my Delaware permit?

No, unless he is your legal guardian. A supervisor who is not your parent or guardian must be a licensed driver at least 25 years old who has held a Class D license for at least 5 years. A 20-year-old does not meet the age rule. Your sponsor also decides which qualified drivers may supervise you.

Can I drive home from a school event after 10 p.m. in Delaware?

It depends on where the event is. After the first 6 months, you may drive without a supervisor at night to and from your school. School-related activities that do not take place on school property do not count, so for an away game or another off-campus event after 10 p.m., you need a supervisor with you.

How many friends can ride with me on a Delaware permit?

With the adult supervisor in the car, you may carry 1 passenger besides the supervisor during the first 12 months. Your immediate family does not count toward that limit while the supervisor rides along. When you drive alone in the second 6 months, only 1 passenger may ride with you, family included.

How many practice hours does Delaware require on a permit?

Your parent or guardian must certify 50 hours of driving time, including 10 hours at night. They sign the certification form, and it goes to a Department of Education approved program at the end of the first 6 months. The July 2026 Driver Manual says it can also be emailed to GDL.DRIVINGLOG@DOE.K12.DE.US. You need this certification before you may drive without a supervisor.

Can my parent cancel my Delaware learner's permit?

Yes, if that parent is the sponsor who signed your application. A sponsor can withdraw their endorsement at any time until you turn 18, and this cancels your driving authority, whatever permit or license you hold. To get it back, an approved sponsor must sign the application for you. At 18, you can reinstate without a sponsor's signature.