Maryland Provisional License Restrictions: Curfew, Passengers

Sunset view of the Capital Wheel Ferris wheel and water taxis at National Harbor, Maryland.

Photo: Bryant's Juarez, Pexels

Maryland provisional license restrictions for drivers under 18 are: no unsupervised driving from midnight to 5 a.m.; no passengers under 18, other than family, for the first 151 days; everyone in the car belted; and no phone use at all except to call 911. This page is for new Maryland provisional drivers and their parents. It sets out each rule, its exceptions, and how to reach a full license after 18 months.

Maryland provisional license restrictions at a glance

Restriction Who it applies to Ends Law
No unsupervised driving between 12 midnight and 5 a.m. Provisional drivers under 18 At 18 §16-113(d)
No passengers under 18 unless they are family or a qualified supervisor is beside you Provisional drivers under 18 On the 151st day after the license is issued §21-1123
Driver and every passenger must wear a seat belt or be in a child safety seat All provisional drivers under 18 At 18 §16-113(d-1)
No phone use while driving, hands-free included, except to call 911 All drivers under 18 At 18 §21-1124
No handheld phone use Provisional drivers 18 or older When the full license is issued §21-1124.2
No alcohol in your blood All drivers under 21 At 21 §16-113(b)

The midnight to 5 a.m. rule

Under 18, you may drive unsupervised only between 5 a.m. and 12 midnight. You may still drive in the restricted hours if you are:

  • with a licensed driver who is at least 21
  • driving to or from work, or in the course of your job
  • driving to or from a school class or official school activity
  • driving to or from an organized volunteer program
  • driving to or from an athletic event or related training session

The 151-day passenger rule

From the day your provisional license is first issued until the 151st day after, a driver under 18 may not carry any passenger under 18. Two exceptions apply:

  • Family: your spouse, son, daughter, stepson, stepdaughter, brother, sister, stepbrother or stepsister, or any relative who lives at your address.
  • Supervisor present: the rule does not apply when someone at least 21, licensed for at least 3 years, sits beside you.

Police can enforce this only as a secondary action, when they stop you for something else. It still counts as a moving violation, and the MVA can suspend or revoke your license for it.

Scenario: can I drive my friends to practice?

You are 17, licensed 60 days ago, and want to take two 16-year-old teammates to practice at 4 p.m. The time is fine, but the passengers are not, because you are inside the first 151 days and they are not family. A parent who meets the supervisor rules would need to ride beside you. After day 151, the passenger rule no longer applies.

Phones on a Maryland provisional license

Under 18, the ban covers handheld and hands-free devices alike. The only exception is calling 911. Texting while driving is banned for every driver. A violation under 18 can lead to a license suspension of up to 90 days. At 18 and still on a provisional license, you may not use a handheld phone. More in hands-free and texting laws.

How to get your full Maryland license

You become eligible when you are 18 and have held the provisional license for 18 months. The 18 months restart from the latest of these dates (§16-111(d)):

  1. the date you first got the provisional license
  2. the date of a conviction, or probation before judgment, for a moving violation or a provisional restriction violation
  3. the date a suspended, revoked or canceled license is restored

When you qualify, the MVA upgrades you automatically and mails a card showing your full status. You carry it with your provisional license until that card expires or is renewed. No office visit is needed.

Penalties for a moving violation on a Maryland provisional license

These sanctions under §16-213 come on top of fines and points:

Offense Under 18 18 or older
First Driver improvement program required Driver improvement program required
Second Possible suspension up to 30 days, then 90 days of education and employment driving only Possible suspension up to 30 days
Third Possible suspension up to 180 days, a young-driver improvement program, then 180 days of education and employment driving only Possible suspension up to 180 days
Fourth or later Revocation for at least 180 days, then retaking the license exams Possible suspension or revocation up to 180 days

Separately, if you are under 18 and collect 5 or more points in 12 months, the MVA must suspend your license: for 6 months the first time and 1 year after that. See the Maryland points system for new drivers.

Common questions

What time can a provisional driver drive in Maryland?

Under 18, unsupervised from 5 a.m. to 12 midnight, unless one of the work, school, volunteer or sports exceptions applies.

Can my provisional teen drive a sibling?

Yes. Brothers, sisters, step-siblings and relatives living at your address are exempt from the 151-day rule.

Does the curfew end when I turn 18?

Yes. The hour restriction, the seat belt restriction and the under-18 phone ban end at 18. The 18-month clock for a full license keeps running.

Does a ticket reset my provisional time?

Yes. A moving violation conviction or probation before judgment restarts the 18 months.

I moved to Maryland with a license from another state. Do these rules apply?

If you were licensed for less than 18 months, the MVA can issue a provisional license. You hold it for 18, 12 or 6 months, depending on how long you were licensed before. See moving to a new state.

Back to the Maryland learner driver guide. Compare other states in GDL laws by state.

Sources

  • Maryland General Assembly, “Transportation Article §16-111” (mgaleg.maryland.gov)
  • Maryland General Assembly, “Transportation Article §16-113” (mgaleg.maryland.gov)
  • Maryland General Assembly, “Transportation Article §16-213” (mgaleg.maryland.gov)
  • Maryland General Assembly, “Transportation Article §16-404” (mgaleg.maryland.gov)
  • Maryland General Assembly, “Transportation Article §21-1123” (mgaleg.maryland.gov)
  • Maryland General Assembly, “Transportation Article §21-1124” (mgaleg.maryland.gov)
  • Maryland General Assembly, “Transportation Article §21-1124.1” (mgaleg.maryland.gov)
  • Maryland General Assembly, “Transportation Article §21-1124.2” (mgaleg.maryland.gov)
  • Maryland MVA, “Full Driver’s License” (mva.maryland.gov)
  • Maryland MVA, “Provisional Driver’s License” (mva.maryland.gov)