Minnesota Provisional License Rules: Passengers, Night, Phones

Aerial view of Minnesota State Highway 26 winding through river bluffs and wetlands

Photo: Wikideas1, CC0, via Wikimedia Commons

This page is for Minnesota teens who have just passed the road test, and their parents. Under Minnesota Statutes section 171.055, a provisional license holder may not use a phone at all while driving, may carry only limited passengers under 20, and in the first six months may not drive between midnight and 5 a.m. except in set situations. Tickets during this stage can delay your full license by up to a year.

Minnesota provisional license restrictions at a glance

Rule First 6 months Months 7 to 12
Passengers under 20 who are not immediate family No more than 1 No more than 3
Driving midnight to 5 a.m. Only for the exceptions below No restriction in the law
Cell phone use while moving, handheld or hands-free Banned Banned

The passenger limits do not apply when a parent or guardian is in the car.

Who can get a provisional license?

You must:

  • be at least 16
  • have held an instruction permit for the previous six months with no convictions for alcohol or drug driving offenses, crash-related moving violations or other moving violations
  • have completed driver education
  • have parent or guardian approval on the application
  • submit a signed supervised driving log (see Minnesota supervised driving log and parent class option)
  • pass the road test (see Minnesota road test explained)
  • pay the fee: $14.25 plus a $2.25 surcharge and filing fee (as of November 2026)

Passenger limits for Minnesota provisional drivers

  • Months 1 to 6: at most one passenger under 20 who is not in your immediate family.
  • Months 7 to 12: at most three passengers under 20 who are not in your immediate family.
  • Any time: the limits do not apply if your parent or guardian is with you.
  • Passengers 20 or older do not count toward the limit.

Night driving: the midnight to 5 a.m. rule

In the first six months, you may drive between midnight and 5 a.m. only when you are:

  1. driving between home and work
  2. driving between home and a school event the school has not provided transport for
  3. driving for your job
  4. with a licensed driver who is at least 25

After six months, the law sets no curfew, but night driving is still harder. Your log already required at least 15 night hours for a reason.

Phone use: a complete ban

A provisional driver may not talk on, text on or otherwise operate a cell or wireless phone while the vehicle is moving, whether it is handheld or hands-free. The only defense is calling for emergency help to prevent a crime or because someone’s life or safety was in danger. A violation is a petty misdemeanor. Adults have a looser hands-free rule; the difference is in Minnesota hands-free law for new drivers.

What happens if you get a ticket on a provisional license?

Your full license is delayed until 12 months after the conviction, or until you turn 18 if that comes first, if during the provisional period you are convicted of:

  • an impaired driving offense, including the under-21 “any alcohol” offense, or a test refusal
  • a crash-related moving violation
  • more than one moving violation that is not crash related

A “moving violation” is any traffic violation except parking, vehicle equipment violations and warnings.

Worked example

Sam gets a provisional license at 16 years and 2 months. At month 5 Sam is convicted of speeding, then at month 9 of running a stop sign. That is more than one non-crash moving violation, so Sam cannot get a full license until 12 months after the second conviction, or 18, whichever is sooner. One speeding ticket alone would not have delayed it.

Vanessa’s Law: serious violations as a teen

Vanessa’s Law applies to teens convicted of an impaired driving offense or a crash-related moving violation.

  • Driving without a license: you can’t get a permit or license until 18. Then you meet the reinstatement terms, pass the written test, get a permit and hold it six months (three if 19 or older) before the road test.
  • On a provisional license: if your license is revoked for one of these violations, you can’t get it back until 18 or the end of the revocation, whichever is later. You then usually pay the $680 reinstatement fee, pass the written test, take a 30-hour classroom course (online doesn’t count), get a permit, hold it 90 days and complete six hours of behind-the-wheel training.

Moving up to a full Minnesota license

After 12 months on a provisional license you can apply for a full under-21 Class D license if:

  • you had no alcohol or drug driving convictions and no crash-related moving violations
  • you had no more than one other moving violation
  • a parent or guardian approves the application and certifies you drove at least 10 supervised hours (with a licensed driver 21 or older) during the provisional period

The fee is $27.75 plus surcharge and filing fee, with a $3.50 credit if your provisional record was completely clean (as of November 2026). From 18, you no longer need the 12 provisional months to qualify for a full license.

Common questions

Can I drive my siblings on a Minnesota provisional license?

Yes. Immediate family members do not count toward the passenger limit.

Can I drive home from a party after midnight in my first six months?

No, unless a licensed driver 25 or older is with you. Only work trips, school events without school transport and job driving are exempt.

Can I use GPS on my phone?

The provisional rule bans operating a phone while moving, whether handheld or hands-free. Set the route before you move and do not touch the phone while driving.

Does the passenger limit apply to friends who are 20?

No. The limit is for passengers under 20.

When can I get my full license?

After 12 months on the provisional license with a clean enough record, or at 18.

Do provisional rules apply if I moved from another state?

A 16 or 17-year-old with a valid license from another state can apply for a full Minnesota license under the under-18 rules. Check with DVS how your record and dates carry over.

National comparison: US graduated driver licensing compared. Full process: learning to drive in Minnesota.

Sources

  • Minnesota Legislature, Office of the Revisor of Statutes, “Minnesota Statutes 2026, section 171.055 Provisional license” (revisor.mn.gov)
  • Minnesota Legislature, Office of the Revisor of Statutes, “Minnesota Statutes 2026, section 171.04 Persons not eligible for drivers’ licenses” (revisor.mn.gov)
  • Minnesota Legislature, Office of the Revisor of Statutes, “Minnesota Statutes 2026, section 171.06 Application for permit or license; fees” (revisor.mn.gov)
  • Minnesota Legislature, Office of the Revisor of Statutes, “Minnesota Statutes 2026, section 169A.33 Underage drinking and driving” (revisor.mn.gov)