Driving Tests

Oregon Provisional License Restrictions: Passengers, Curfew, Phones

informational·how to guide·Published September 25, 2026

What are the rules for an Oregon provisional driver license?

An Oregon provisional driver license is for drivers who are 16 or 17. For the first 6 months, the teen cannot carry a passenger under 20 who is not immediate family. For the next 6 months, the limit is three. For the first year, no driving from midnight to 5 a.m., with four exceptions. These limits end at 18. Until 18, no phone use, even hands-free.

Where these Oregon rules come from

The rules come from Oregon Revised Statutes chapter 807 (ORS 807.065, 807.066 and 807.122), ORS chapter 811 (the phone law, ORS 811.507) and the Oregon DMV page Get a Driver License - Under 18. The fine amounts come from ORS 153.019. The Provisional Driver Improvement Program comes from the DMV suspensions page, the consent rule from the DMV parent consent page, and the drive test waiver from the ODOT Transportation Safety Office. This guide is current as of 2026. Confirm the rules with Oregon DMV (oregon.gov/odot/dmv) before you drive.

Passenger and night limits on a provisional license

Passenger and night limits on a provisional license
Time since the license was issued	Passengers under 20 who are not immediate family	Midnight to 5 a.m.
First 6 months	None allowed	No driving, except the four cases below
Second 6 months	No more than three	No driving, except the four cases below
After 1 year, or at age 18	No limit	No limit

Who can get a provisional driver license in Oregon?

You must be 16 or 17, and you must have held an instruction permit for at least 6 months. You also need supervised practice: 100 hours, or 50 hours plus an ODOT-approved traffic safety education course (driver ed). The supervisor must be 21 or older and must have held a license for at least 3 years. The practice hours question shows how this works, and the guide to driver ed or 100 hours helps a family choose a path.

What a teen needs before the license is issued

A parent or legal guardian signs the application if you are under 18 and not married or emancipated. The signer can cancel the consent until you turn 18.
Proof of high school graduation, or a parent or legal guardian certifies that you are enrolled in a school in Oregon, another state or another country, or that you meet another listed status.
A drive test, by appointment, with Oregon DMV or a Class C testing business. After a failed drive test, you can test again on the next business day.
No drive test may be needed if you passed an ODOT-approved driver ed course before 18 and within the past 2 years. The course provider notifies DMV electronically.
A teen who already holds a license from another state can skip the permit, practice hours and course steps when they give up that license for an Oregon license.

Who can ride with a provisional license driver?

The passenger limits count only passengers under 20 who are not immediate family. For a driver who is 16 or 17, they do not apply when a certified traffic safety education instructor is in the vehicle for the course, or when a parent or stepparent with valid driving privileges is in the vehicle. The DMV page also lists a legal guardian with valid driving privileges. A teen who works for a farmer, rancher or orchardist can carry coworkers for work in the employer's vehicle. The teen needs a written statement signed by the employer in the vehicle, and no more passengers than seat belts.

Midnight to 5 a.m.: the four exceptions

You drive between home and work.
You drive between home and a school event, and no other transportation is available.
You drive for employment purposes.
A licensed driver who is at least 25 years old is with you.

When do the provisional license limits end?

The limits count from the day the provisional license is issued. The passenger and night limits end after 1 year with the license or when you turn 18, whichever comes first. For example, a teen who gets the license 4 months before turning 18 has the limits for only those 4 months. The phone ban is different: it lasts until 18, even after the first year.

Can a teen use a phone while driving in Oregon?

No. Until 18, a driver cannot use a mobile device while driving, and hands-free accessories are not allowed. The law gives the hands-free defense only to drivers 18 or older. Driving includes being stopped in traffic or at a signal. Using a device covers calls, texts, navigation, entertainment and the Internet. An emergency call is a defense only when no other person in the vehicle can summon help. A practice question about a 17-year-old with a hands-free phone tests this rule.

Phone law penalties in Oregon

Phone law penalties in Oregon
Offense	Violation class	Presumptive fine
First conviction	Class B traffic violation	$265
First conviction when the offense contributes to a crash	Class A traffic violation	$440

What happens after a ticket or a crash?

For a first phone conviction, the court may suspend the fine if the driver finishes an approved distracted driving avoidance course within 120 days of sentencing. Convictions for the offenses that DMV lists and preventable crashes count in the Provisional Driver Improvement Program, for drivers from 14 to under 18. Ask DMV which offenses are on the list. After two convictions, two preventable accidents or one of each, DMV restricts the license for 90 days to driving for work only. A third conviction or preventable accident means a 6-month suspension, even if the teen turns 18 during it. The post on Oregon teen driver penalties has the full rules.

Key takeaways

A provisional driver license is for drivers who are 16 or 17 and who held an instruction permit for 6 months.
First 6 months: no passenger under 20 who is not immediate family. Second 6 months: no more than three.
No driving from midnight to 5 a.m. for the first year, except for work, a school event with no other ride, employment purposes, or with a licensed driver who is 25 or older.
The passenger and night limits end at 18 or after 1 year. The phone ban, hands-free included, lasts until 18.
Next step: practice the rules on the free Oregon Class C passenger permit practice test.

Oregon provisional license: common questions

Can my 16-year-old drive friends to school in Oregon?

Not in the first 6 months, unless a parent, stepparent or certified driver ed instructor is in the vehicle. In months 7 to 12, the teen may carry up to three passengers under 20 who are not immediate family. The limits end after 1 year with the license or at 18, whichever comes first. The phone ban still applies on every trip.

Can a new Oregon teen driver carry friends who are 20 or older?

Yes. The passenger limits count only passengers under 20 who are not immediate family, so a friend who is 20 or older does not count toward the limit. A younger friend in the same car still counts. In the first 6 months, one passenger under 20 who is not family is already too many.

Can my teen drive after midnight if a parent is in the car?

Yes, if the parent is a licensed driver who is at least 25 years old. That is one of the four exceptions to the midnight to 5 a.m. limit in the first year. A parent or stepparent with valid driving privileges also lifts the passenger limit, so friends under 20 can ride on that trip too.

Can my teen drive friends if an adult who is 25 or older is in the car?

Only for the night limit. A licensed driver who is at least 25 lets the teen drive from midnight to 5 a.m. The passenger limit has different exceptions: a parent or stepparent with valid driving privileges, or a certified driver ed instructor. The DMV page also lists a legal guardian. An older sibling or family friend does not lift the passenger limit.