Driving Tests

New Brunswick Level 2 Rules: Passengers, Night Driving, Class 5

informational·how to guide·Published September 16, 2026

What are the Class 7 Level 2 rules in New Brunswick?

A Class 7 Level 2 driver in New Brunswick may carry up to 3 passengers, with only one in the front seat, and must have zero alcohol and no drugs. If you are under 21, you may not drive from midnight to 5 a.m. unless an accompanying driver sits beside you, you drive for school or work, or the Registrar exempts you. Level 2 lasts at least 12 months.

Where the Level 2 rules come from

Section 84 of the Motor Vehicle Act sets the Level 2 conditions. The Government of New Brunswick explains them on its graduated licences page and in Part 1 of the Driver's Handbook. Where a page words a rule differently from the Act, this guide follows the Act. These rules are as of 2026. Confirm the rules with Service New Brunswick (gnb.ca) before you drive.

What Class 7 Level 2 is

Level 2 is the second level of New Brunswick's Graduated Licensing program. You move up from Class 7 Level 1 after you pass the Level 2 road test. The earliest age for Level 2 is 16 years and 8 months with a driver training course, or 17 years without one. Adults who get a licence for the first time go through the same two levels. The Motor Vehicle Act calls the two levels the stage one and stage two learner's licence, and "Level 2" means "Stage Two".

How many passengers can you carry at Level 2?

Up to 3 passengers, and only one of them may sit in the front seat beside you. The limit applies at every age, from your first day at Level 2 until you get your Class 5. This is the biggest change from Level 1, where nobody may ride with you except your accompanying driver.

Can a Level 2 driver drive between midnight and 5 a.m.?

You are 21 or older

Yes. The night rule is only for Level 2 drivers under 21. The 3-passenger limit and the zero alcohol and drug rule still apply until you get your Class 5.

You are under 21 and an accompanying driver sits beside you

Yes. That person must hold a full licence, not a learner's licence (Class 5 or better), and must have held a valid licence for at least 3 years. No other person may be in the vehicle.

You are under 21 and drive for school or work

Yes. The night rule does not apply to driving "for educational or employment purposes", such as driving to or from work or school. This exemption is automatic, so you do not apply for it.

You are under 21 and need to drive for another reason

Only with a written exemption from the Registrar of Motor Vehicles. The next section explains how to apply.

An immediate threat to your health or safety, or to an occupant's, existed or was likely to exist

This is a defence if you are charged. You must be able to show the threat. It is not a permission to drive at night.

How to ask for a night driving exemption

Send a written application to the Registrar of Motor Vehicles. The Registrar decides as soon as practicable after the application arrives. The Registrar grants the exemption only for a reason that is not school or work and that the Registrar thinks is reasonable, and sets the terms and conditions. The gnb.ca graduated licences page links the "Application for exemption from night time driving restrictions". To check that you have the current form, call the Motor Vehicle Branch at 506-453-2410 (Monday to Friday, 8:30 a.m. to 4:15 p.m., except holidays) or ask at an SNB office.

Alcohol and drugs at Level 2

You must have zero alcohol in your blood, and there is zero tolerance for drugs. If you are convicted of breaking this rule while you hold a learner's licence, the Registrar revokes your licence and suspends your driving for at least one year. You then return to the start of the graduated program, with no credit for a road test or driver training course that you passed before. Practise the rule on the question about the substance-use rule for a graduated licence holder. The guide to new driver penalties covers points and the other penalties.

How long is Level 2?

How long is Level 2?
Route	Time at Level 1 before the road test	Time at Level 2	Total before a Class 5
No driver training course	At least 12 months	At least 12 months	At least 24 months, without a break
Driver training course passed in the previous 2 years (green certificate)	At least 8 months	The rest of the 24 months (at least 12 months)	At least 24 months, without a break

Do you need a second road test for a Class 5?

No. There is no road test for a Class 5 licence, but the Class 5 does not come by itself. You must apply for it when you finish Level 2. You can apply when you have held a learner's licence for 24 months or more without a break, with at least 12 of those months at Level 2. Ask an SNB office how to apply.

Key takeaways

A Level 2 driver may carry up to 3 passengers, with only one in the front seat.
If you are under 21, you may drive from midnight to 5 a.m. only with an accompanying driver beside you (and nobody else in the vehicle), for school or work, or with an exemption from the Registrar.
Level 2 lasts at least 12 months, and the whole program at least 24 months.
You do not take a second road test for the Class 5, but you must apply for it.
Next step: practise on the free New Brunswick Class 7 Level 1 practice test. It is in English only.

New Brunswick Level 2 rules: common questions

Can my friends ride with me after midnight at Level 2?

It depends on why you drive. If you are under 21 and drive at night with an accompanying driver, nobody else may be in the vehicle. If you are 21 or older, or you drive for school or work, up to 3 passengers may ride with you, and only one of them in the front seat.

I am an adult getting my first licence. Do the Level 2 rules apply to me?

Yes. Anyone who gets a driver's licence for the first time, at any age, starts at Class 7 Level 1 and spends at least 24 months in the program. If you are 21 or older, the midnight to 5 a.m. rule does not apply to you. The 3-passenger limit and zero alcohol and drugs still apply.

Does a driver training course shorten Level 2?

No. A course that you passed in the previous 2 years (green certificate) can shorten Level 1 to 8 months. Level 2 still lasts at least 12 months, and the whole program at least 24 months. If you reach Level 2 early, you spend the rest of the 24 months there.

What happens if I forget to apply for my Class 5?

The government page warns that graduated licensing sanctions can be applied that affect your driving privileges. It is your job to apply for the Class 5 when you finish Level 2: after 24 months or more on a learner's licence without a break, with at least 12 of them at Level 2.