Virginia Learner's Permit Rules: Supervisor, Passengers and Curfew
What are the learner's permit rules in Virginia?
With a Virginia learner's permit, a licensed driver 21 or older, your parent or legal guardian, or a brother or sister 18 or older must sit in the seat beside you. Virginia law allows no more than one passenger under 21, except family or household members. The permit does not allow driving between midnight and 4 a.m. Do not hold a phone while you drive.
Where these Virginia permit rules come from
The supervisor, passenger and curfew rules come from Code of Virginia 46.2-335. The drive-alone rule and the license steps come from the Virginia DMV learner's permit page. The teen passenger and phone rules come from the DMV teen driving restrictions page. Other sources are Code 46.2-334.01 (provisional licenses), 46.2-818.2 (handheld phones) and 46.2-324.1 (the 2027 change), and the DMV Teen Driver FAQ and 2027 FAQ pages. This guide is current as of 2026. Confirm the rules with the Virginia Department of Motor Vehicles (dmv.virginia.gov) before you drive.
Virginia learner's permit rules at a glance
| Rule | What it says |
|---|---|
| Supervisor | Licensed driver 21 or older, parent or legal guardian, or brother or sister 18 or older, in the seat beside you |
| Passengers | Not more than one passenger under 21; family and household members do not count |
| Curfew | No driving from midnight to 4 a.m. |
| Phone | Do not hold a phone while the vehicle moves |
| Your permit | Have it with you each time you drive |
| Driving alone | From 16 years 3 months, with a DTS B and nine months with the permit |
Who can supervise a Virginia permit holder?
You may drive with your permit when one of these people rides with you: a licensed driver 21 or older, your parent or legal guardian, or a brother, sister, half-brother, half-sister, step-brother or step-sister who is 18 or older.
The person must be alert, able to help you, and in the seat beside you. The person must also be lawfully permitted to drive that vehicle at that time. Keep your permit with you each time you drive. Test yourself with a free question about who may supervise a permit holder.
How many passengers can you carry with a learner's permit in Virginia?
A permit does not allow you to drive with more than one passenger who is less than 21 years old. The limit does not apply to members of your family or household. The law names your spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, first cousins and some others.
The DMV teen restrictions page says "under age 18" instead of under 21. The two texts do not match. The law wins, so carry not more than one passenger under 21. Try a free question on permit passengers to test yourself.
When can you drive without a supervisor?
Can you drive between midnight and 4 a.m. with a permit?
No. Code 46.2-335 says a learner's permit does not allow its holder to drive between midnight and 4 a.m. The exceptions for work, school activities and emergencies that you may read about are for the holder of a provisional driver's license, the first license of a driver under 18. Our guide to the curfew and passenger rules for drivers under 18 explains them. With a permit, finish your practice drives before midnight.
A violation of the permit section is a Class 2 misdemeanor.
Can you hold a phone with a Virginia learner's permit?
No. Code 46.2-818.2 makes it unlawful for any driver to hold a handheld phone or similar device while the vehicle moves. You may hold it when you are lawfully parked or stopped, or to report an emergency. The fine is $125 for a first offense and $250 for a second or later offense. In a highway work zone, the fine is a mandatory $250.
For drivers under 18, the DMV rule is stricter: no cell phone use while driving, hand-held or not. Use a phone only for a driver emergency, with the vehicle lawfully parked or stopped.
Virginia license steps for first-time drivers, now and from January 1, 2027
| Your age | Rule now, until January 1, 2027 | Rule from January 1, 2027 |
|---|---|---|
| Under 18 | Driver education, the permit for at least nine months, and 45 hours of driving (15 after sunset) certified by a parent or guardian | No change |
| At least 18 and less than 21 | A driver instruction course, or the permit for at least 60 days before the first behind-the-wheel exam | A driver instruction course and the permit for at least 90 days |
| 21 or older | A driver instruction course, or the permit for at least 60 days | No change: a course or 60 days |
What the 2027 change means if you are 18 to 20
The change applies to you if you are at least 18 years old and less than 21 years old and have never held a driver's license from Virginia, another state or territory, or another country. If you get your license on or after January 1, 2027, you need both steps: a state-approved driver education program and 90 days with the permit. Your driving school sends the completion certificate to DMV. DMV does not accept it from you. Our guide to Virginia driver education requirements for 2027 explains the programs.
Key takeaways
- Drive only with a licensed driver 21 or older, your parent or legal guardian, or a brother or sister 18 or older in the seat beside you.
- Carry not more than one passenger under 21. Family and household members do not count.
- Do not drive between midnight and 4 a.m. with a permit, and do not hold a phone while the vehicle moves.
- From January 1, 2027, first-time applicants at least 18 and less than 21 need driver education and 90 days with the permit.
- Next step: practice on the free Virginia passenger practice test.
Virginia learner's permit rules: common questions
Can my friend who is 19 ride with me on my permit?
Yes, one friend under 21 may ride with you, with your supervisor in the seat beside you. A second friend under 21 may not ride with you. The limit does not count family or household members, so a brother, sister or first cousin may ride as well.
Can I carry more passengers during a driver's ed lesson?
Yes. The one-passenger limit does not apply when you take part in a driver education program approved by the Virginia Department of Education, or in a course of a driver training school licensed by DMV. At all other times, carry not more than one passenger under 21, apart from family or household members.
Can my mom supervise me if her license is suspended?
No. The person beside you must be lawfully permitted to drive that vehicle at that time, and a suspended license does not allow her to drive. Ask another supervisor, such as a licensed driver 21 or older, or a licensed brother or sister 18 or older. The supervisor must be alert and able to help you.
Can I drive after midnight with a permit if my parent is in the car?
No. A learner's permit does not allow driving between midnight and 4 a.m., even with a supervisor beside you. The exception for a parent in the front seat is in the law for the provisional license, the first license of a driver under 18. Plan your practice drives so that you are home before midnight.
Do the permit passenger and curfew rules apply to adults?
Yes. The one-passenger limit and the midnight-to-4 a.m. limit are in the permit section of the law, Code 46.2-335, and they apply to every learner's permit holder. An adult with a permit also needs a supervisor in the seat beside them, the same as a teen.
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