Nova Scotia Newly Licensed Driver Rules: Curfew and Passengers

The Cabot Trail winding along a green hillside above the sea in Cape Breton, Nova Scotia.

Photo: Jeffrey Eisen, Pexels

As a Class 5N newly licensed driver in Nova Scotia you must keep zero alcohol, carry only one front-seat passenger, have every passenger belted, and stay off the road from midnight to 5 a.m. unless a supervising driver is with you and nobody else is in the car, or you hold written Registrar authorisation (Form APP33) for work, school or emergency volunteer driving with no passengers. Six or more demerit points means a 6-month suspension. You stay on the 5N for at least 2 years and leave only after completing an approved course. Here are the rules and how to exit.

Class 5N rules at a glance

Rule Detail
Alcohol and drugs Zero alcohol, and no drugs you are not legally allowed to use for a medical purpose
Front seat Only 1 passenger
Rear seat Every passenger seated and belted, and no more people than seat belts
Curfew No driving midnight to 5 a.m. unless a supervising driver is with you and there is no other passenger, or you hold written Registrar authorisation and carry no passengers
Upgrades No Class 1 to 4 licence while on a 5N
Demerits 6 or more points means a 6-month suspension
Minimum time 2 years
Card Marked with a large “N”

There is no highway restriction: 5N drivers may use 100-series highways.

The midnight to 5 a.m. curfew

You may drive during curfew hours only if:

  • a supervising driver is with you and there is no other passenger in the car. A supervising driver is a regular licence holder who is not in the GDL program, so a friend on a 5N or condition 47 does not count; or
  • all of these apply: you are driving for work (including to and from home), to attend an educational institution, or to respond as a volunteer firefighter or ground search and rescue worker; there is no passenger in the car; and you carry the Registrar’s written authorisation and can show it to police on demand.

For example, a qualified supervisor beside you does not permit a friend to sit in the back during curfew hours. A work authorisation is also not permission to give colleagues a lift. These conditions are set out in section 5 of the Driver’s Licence Regulations made under the Traffic Safety Act (N.S. Reg. 226/2026).

Getting a curfew exemption (APP33)

  1. Complete and sign Form APP33, “Application for Exemption from Nighttime Driving Curfew”.
  2. Submit it to an RMV office with the $33.10 fee (as of November 2026).
  3. Once exempt, keep the written authorisation with you, drive only for the approved purpose (the handbook says by the most direct route) and carry no passengers.

Passenger limits, explained

  • One person beside you in the front. The handbook repeats this for trucks: one front-seat passenger only.
  • In the back, as many people as there are seat belts, all wearing them.
  • Other provinces set different limits. See GDL rules compared by province.

Zero alcohol and impaired driving

Breath result Consequence
Restricted driver: breath result above zero but below 0.05 after the statutory demand A 24-hour roadside suspension under section 76 of the Traffic Safety Act. A blood sample indicating alcohol also engages that section. Do not confuse this with a conviction-based penalty or a points suspension.
Over .05 Roadside suspension. Service Nova Scotia’s GDL page says 24 hours; the handbook gives 7 days for a first time, 15 for a second and 30 for a third. Check with Service Nova Scotia
Over .08 Arrest, then at least a one-year suspension on a first conviction

A suspension under the novice alcohol rule in section 76 removes earlier qualifying time under section 15(2)(b) of the Driver Licensing Requirements Regulations. Other suspension grounds can preserve earlier time. If the Registrar rescinds a suspension, section 15(2)(c) credits both the earlier time and the suspended period; the rule is not without exceptions. More: impaired driving in Canada for new drivers.

Demerit points on a 5N

The handbook’s table gives 5N drivers a warning letter at 2 points, an interview with a Driver Enhancement Officer at 4 and a 6-month suspension at 6. Under the 2026 regulations the suspension threshold for a 5N is 6 points (N.S. Reg. 226/2026, section 21), and a speeding ticket carries 2, 3 or 4 points depending on how far over the limit you were. A demerit-threshold suspension restarts the 2-year 5N clock from the date your licence is reinstated: hold a 5N for 1 year 11 months, get suspended, and you start over. 5N drivers cannot have points removed by taking a course. Details: demerit points and suspensions for new drivers.

How to leave the 5N stage

  1. Hold your 5N for at least 2 full years.
  2. Complete an approved course. Service Nova Scotia’s GDL page accepts the 6-hour defensive driving course or a full driver education course (25 hours theory, 10 hours driving). If you took the full course as a learner, it already counts.
  3. Give a copy of the certificate to any RMV office in person or by mail. Courses completed under the old Act still count (N.S. Reg. 231/2026, section 7). Lost it? Ask the school for a replacement.
  4. You become a restricted individual (Class 5R with condition 47) for 2 more years: the same zero-alcohol and no-unauthorised-drugs condition, including the legal medical-use exception, and you cannot supervise another driver. If medication affects your ability to drive safely, do not drive.

Skip the certificate and you stay on the 5N, with its curfew, indefinitely. Exchanging your card is optional and free with the same photo.

Under the Traffic Safety Act, driver education course names were standardized, and the exit course is now called the “new driver theory education course”. The Driver Improvement Program name is kept for courses the Registrar orders or for point deduction. Under N.S. Reg. 236/2026, section 8, the exit requirement after 24 months on the 5N is any one of: the Class 5 driver education course, the Class 6 driver education course, the new driver theory education course (at least 6 hours), the driver improvement program, or a course the Registrar treats as equivalent.

Common questions

Can a newly licensed driver drive after midnight in Nova Scotia?

Only with a supervising driver and no other passenger, or with written Registrar authorisation (APP33) for work, education or volunteer firefighting or search and rescue, with no passengers.

How many passengers can a 5N driver carry?

One in the front and as many in the back as there are seat belts.

Do I have to take defensive driving to get my full licence?

You must complete an approved course. The 6-hour defensive driving course is one option. A full driver education course taken earlier also qualifies.

Can I carry passengers to work with a curfew exemption?

No. During curfew hours an exempt 5N driver must have no passengers in the car.

How long is a 5N licence valid?

5 years. You can renew in the last 6 months before it expires, in person, for $80.15 (as of November 2026).

What if I move to Nova Scotia partway through another province’s GDL?

Ask Service Nova Scotia how your existing time counts. See exchanging an out-of-province licence.

Back to learning to drive in Nova Scotia.

Sources

  • Province of Nova Scotia, Traffic Safety Act, section 76, and Driver Licensing Requirements Regulations, section 15, effective 19 October 2026 (novascotia.ca; nslegislature.ca)
  • Province of Nova Scotia, N.S. Reg. 226/2026, Driver’s Licence Regulations, sections 5, 7 and 21 (novascotia.ca)
  • Province of Nova Scotia, N.S. Reg. 236/2026, Driver Licensing Requirements Regulations, sections 8, 9, 36 and 38 (novascotia.ca)
  • Province of Nova Scotia, N.S. Reg. 223/2026, Schedule C, Offences, Penalties and Mandatory Suspension Periods Regulations (novascotia.ca)
  • Service Nova Scotia, “Newly Licensed Driver’s Licence” (novascotia.ca)
  • Service Nova Scotia, “Registry of Motor Vehicles: Graduated Drivers Licence System” (novascotia.ca)
  • Service Nova Scotia, “Restricted Individuals with Condition 47” (novascotia.ca)
  • Service Nova Scotia, “Nova Scotia Driver’s Handbook” (novascotia.ca)
  • Government of Nova Scotia, “Changes to traffic safety legislation: Driving schools” (novascotia.ca)