Photo: Hayden Soloviev, CC BY 4.0, via Wikimedia Commons
In New Brunswick, a Level 1 driver must always have an accompanying driver with a Class 5 or higher licence and at least three years’ experience in the front seat, carries no other passengers and cannot drive between midnight and 5 a.m. A Level 2 driver can drive alone with up to three passengers, and if under 21, cannot drive between midnight and 5 a.m. unless accompanied or exempt. Both levels require zero alcohol and zero drugs. This page compares the two levels side by side.
Level 1 vs Level 2 in New Brunswick
| Rule | Level 1 (learner) | Level 2 (novice) |
|---|---|---|
| Drive alone? | No | Yes |
| Accompanying driver | Always. Class 5 or higher, 3+ years’ experience, in the front passenger seat | Only needed for night driving if you are under 21 and not exempt |
| Passengers | None besides the accompanying driver | Up to 3, with only one in the front seat |
| Midnight to 5 a.m. | No driving | Under 21: only with a qualified accompanying driver and no additional passengers, or under the applicable education/employment or Registrar exemption |
| Alcohol and drugs | Zero | Zero |
| Minimum time | 12 months, or 8 with driver training | 12 months, plus the balance of the 24-month period |
| How you leave it | Pass the road test | Apply for Class 5 (no road test) |
Who can be my accompanying driver in Level 1?
Someone who:
- holds a Class 5 or higher licence,
- has at least three years of driving experience, and
- sits in the front passenger seat the whole time you drive.
Nobody else can ride along. A parent in the front and a sibling in the back breaks the Level 1 passenger rule.
Level 2 passenger limit
No more than three passengers, and only one of them in the front. This applies to every Level 2 driver, whatever their age.
Level 2 night driving: who is exempt?
For an under-21 Level 2 driver using the supervised midnight-to-5 a.m. route, the accompanying driver must sit beside the driver in an ordinary passenger car, hold a valid non-learner licence for that vehicle type and meet the three-year licence requirement. No additional passenger is permitted on this route (Motor Vehicle Act, section 84(5)(a) and (5.3)). The ordinary daytime maximum of three passengers does not carry into it.
The midnight to 5 a.m. limit at Level 2 only applies if you are under 21. If you are under 21, you can still drive in those hours when:
- a licensed driver (Class 5 or higher) with at least three years’ experience is with you,
- you are driving for work or education (this exemption is automatic), or
- the specific immediate-health-or-safety-threat defence in section 84(5.4) applies. This is a defence to the specified conditions, not an unrestricted emergency-travel permission.
For any other purpose, you apply in writing to the Registrar of Motor Vehicles.
Scenario
Maya is 18, on Level 2, and finishes a shift at 12:30 a.m. She can drive home: travel for employment is covered. Driving friends home from a party at 1 a.m. is not permitted merely because a qualified supervisor is in the car: the supervised night route does not allow additional passengers. Arrange another lawful way home.
Zero tolerance at both levels
While you hold a graduated licence your blood alcohol must be zero and you must not drive after drug use. A breach means:
- a one-year suspension,
- a return to the beginning of the graduated period with no credit for a road test or driver training course already passed, and
- a mandatory seven-day vehicle impoundment.
Points and other penalties: New Brunswick demerits and zero tolerance penalties. How other provinces compare: Canadian graduated licensing compared.
Common questions
Can a Level 1 driver in New Brunswick drive with friends?
No. The only person allowed in the car is the accompanying driver.
Does the accompanying driver need 3 or 4 years of experience?
In New Brunswick it is three years, with a Class 5 or higher licence. Other provinces set different numbers, so check if you learned elsewhere.
I am 22 and on Level 2. Can I drive at 2 a.m.?
Yes. The Level 2 night restriction applies to drivers under 21. Zero tolerance and the three-passenger limit still apply.
Can I drive at night on Level 1 if my supervisor is with me?
No. Level 1 drivers cannot drive between midnight and 5 a.m.
Do I need special permission to drive to school at night on Level 2?
No. The work and education exemption is automatic. Other reasons need a written application to the Registrar of Motor Vehicles.
When can I move from Level 1 to Level 2?
After 12 months (8 with a recognized driver training course) and a road test pass. See the New Brunswick road test.
Full step-by-step guide: Learning to drive in New Brunswick.
Sources
- Government of New Brunswick, “Graduated drivers’ licences” (gnb.ca)
- Government of New Brunswick, “Impaired driving” (gnb.ca)
- Government of New Brunswick, Motor Vehicle Act, RSNB 1973, c M-17 (laws.gnb.ca)
- Government of New Brunswick, “New Brunswick Driver’s Handbook” (gnb.ca)