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Texas Provisional License Rules for Drivers Under 18

informational·how to guide·

Where the Texas provisional license rules come from

The driving limits come from Texas Transportation Code section 545.424. The requirements come from the Texas Department of Public Safety (DPS) provisional license page and the Texas Driver Handbook (DL-7, revised January 2026). The Texas Department of Licensing and Regulation (TDLR) parent-taught provisional license page adds the parent-taught and renewal steps. The DPS Graduated Driver License (GDL) and Impact Texas Drivers pages and Transportation Code sections 521.204, 521.222 and 521.292 add details. This guide is current as of 2026. Confirm the rules with the Texas Department of Public Safety (dps.texas.gov) before you drive.

Texas provisional license rules at a glance

Texas provisional license rules at a glance
RuleWhat you must doExceptions
Wireless devicesDo not use a wireless communication device while you drive. Hands-free devices are also banned.Emergency
Midnight to 5 a.m.Do not drive after midnight and before 5 a.m.Employment (family farm work counts), a school-related activity or a medical emergency. Not applied while a licensed driver 21 or older with 1 year of experience sits beside you. A moped is allowed in sight of a parent or guardian.
PassengersCarry no more than one passenger under 21 who is not a family member.Not applied while a licensed driver 21 or older with 1 year of experience sits beside you

Who must follow these rules

The phone, midnight and passenger limits in the law apply to any driver under 18, not only to people with a provisional license. The midnight and passenger limits do not apply while a licensed driver who is 21 or older, with at least one year of driving experience, sits in the seat beside you. This is the same supervisor that a learner license requires. The phone ban applies on every drive. The provisional license is Phase Two of the Graduated Driver License (GDL) program; Phase One is the learner license. A provisional license lets you drive without a supervising adult in the front seat.

How to get a Texas provisional license

  1. 1
    Check your age

    Be 16 or 17.

  2. 2
    Hold a learner license for 6 months

    The six months must come before your application. A hardship license held first also counts. If your license is suspended or revoked during Phase One, the six months grow by the length of the suspension.

  3. 3
    Finish driver education

    Complete and pass a state-approved course, classroom and behind the wheel. The behind-the-wheel part has 7 hours of observation beside the instructor and 7 hours of driving with the instructor. You also practice 30 hours, with at least 10 at night, with a licensed driver 21 or older in the vehicle at all times.

  4. 4
    Complete the ITTD video

    The Impact Texas Teen Drivers program is a free 2-hour video. Do it after the behind-the-wheel hours and within 90 days before your driving test. Bring the certificate to the test: you cannot take the test without it. The guide to Impact Texas Teen Drivers has the details.

  5. 5
    Pass the driving test

    Take it at a DPS driver license office or with a third-party testing provider, such as your driver education school. For a DPS test, make an appointment online (select "Class C" under Road Skills Test) and bring proof of current registration and insurance for the test vehicle. If a school gives the test, bring the results to DPS in a sealed envelope when you apply.

  6. 6
    Apply at DPS

    Bring a parent or legal guardian, or evidence that waives parental authorization (for example, you are emancipated), or bring the notarized application signed by the parent or guardian. You get a temporary permit to drive right away. The license card comes by mail within 2 to 3 weeks.

Phone and wireless device rules

A driver under 18 may not use a wireless communication device while driving, except in an emergency. In the law, the term covers handheld and hands-free devices, so a hands-free call is also banned. The practice question on the wireless device rule for drivers under 18 tests this. The offense is a misdemeanor. The fine is $25 to $99 (U.S. dollars), and $100 to $200 after an earlier conviction.

Driving between midnight and 5 a.m.

A driver under 18 may not drive after midnight and before 5 a.m. unless the drive is necessary to attend or take part in employment or a school-related activity, or because of a medical emergency. Work on a family farm by a member of the family that owns or runs the farm counts as employment. A moped has its own exception: a driver under 18 may ride one after midnight if a parent or guardian can see them. A police officer may not stop a vehicle only to check whether the driver broke these under-18 rules.

Which provisional license rule applies to you?

You are 16 and your learner license is only 4 months old
You cannot apply yet. Wait until you have held it for 6 months, plus the days of any suspension.
You finished driver education but have not watched the ITTD video
Complete the video before the driving test. The certificate is valid for 90 days.
You are 17 and drive to your job for a shift that starts at 4:30 a.m.
The employment exception covers a drive that is necessary for your job.
A licensed parent who is 21 or older, with at least one year of driving experience, sits beside you at 1 a.m.
The midnight and passenger limits do not apply on this drive. The phone ban still applies.
You moved to Texas with a license from another state
DPS pages and the Texas Driver Handbook give different steps for a teen with an out-of-state license. Ask DPS which steps apply to you before you book a driving test. The guide to moving to Texas with a driver license explains the teen rules.

Passengers under 21

You may not drive with more than one passenger under 21 who is not a family member. Two friends under 21 in the car break the rule. The question about the passenger limit shows an example. Passengers aged 21 or older do not count toward the limit.

When do the provisional license rules end?

The provisional license is marked PROVISIONAL and expires on your 18th birthday. Phase Two restricts driving until that birthday, and the law limits on phone use, night driving and passengers apply only to a person under 18. Until then, DPS must suspend the license of a driver under 18 who is convicted of two or more moving violations committed within 12 months.

Key takeaways

  • You can get a provisional license at 16 or 17, after 6 months with a learner license, driver education, the ITTD video and a driving test.
  • No wireless devices while you drive, even hands-free, unless it is an emergency.
  • No driving after midnight and before 5 a.m., except for work, a school-related activity or a medical emergency.
  • No more than one passenger under 21 who is not a family member.
  • The provisional license expires on your 18th birthday.
  • Next step: practice the rules of the road on the free Texas Class C learner license practice test.

Texas provisional license: common questions

Can I drive alone with a provisional license in Texas?

Yes. A provisional license lets you drive without a supervising adult in the front seat. You still must follow the phone, midnight to 5 a.m. and passenger rules until your 18th birthday.

Can I use hands-free devices with a provisional license?

No. For a driver under 18, Texas law counts a hands-free device as a wireless communication device, so a call through the car's speaker system is banned too. The only exception is an emergency. The rule also applies to learner license holders under 18.

What do I bring to DPS for my provisional license?

Bring the completed application, proof of identity, your Social Security number (written on the application), proof of U.S. citizenship or lawful presence, and your Texas Driver Education Certificate. Bring a VOE form, a diploma or a GED if you did not give one for your learner license. At the office, you pass a vision exam, give your thumbprints, have your picture taken and pay the fee.

Can I get my provisional license without going to a DPS office?

Sometimes. If your driver education school gave the driving test and uses the DPS third-party skills testing (TPST) portal, the school sends your packet online. If DPS approves it, you pay online on the Texas by Texas website and get a temporary permit there. For a parent-taught student, TDLR says the parent instructor on record must go to the office with the student.

How do I renew my provisional license when I turn 18?

The provisional license expires on your 18th birthday. You can renew online through DPS, and the cost is the same as at a driver license office. If you renew in person before you turn 18, a parent or legal guardian must come with you. After your 18th birthday, you can renew in person alone.

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