Oregon Provisional License Rules: Passengers, Night, Phone

Oregon State Police trooper standing by a gray Dodge Charger patrol car outside a government building

Photo: Oregon Department of Transportation, CC BY 2.0, via Wikimedia Commons

An Oregon provisional driver license comes with three sets of limits. Passengers under 20 are limited for the first year. You cannot drive from midnight to 5 a.m. for the first year, with some exceptions. And until you turn 18 you cannot use a phone at all while driving, even hands-free. This guide sets out each rule, its exceptions and when it ends, for Oregon teen drivers and their parents.

Oregon provisional license restrictions at a glance

Period Passengers under 20 (not immediate family) Midnight to 5 a.m. Phone
First 6 months None allowed No driving, except for the listed reasons No use, including hands-free
Second 6 months No more than 3 No driving, except for the listed reasons No use, including hands-free
After 1 year, still under 18 No limit No limit No use, including hands-free, until 18

The passenger and night limits end after 1 year or at 18, whichever comes first. Get licensed at 17 and a half and they end at your 18th birthday, 6 months in.

Passenger rules

  • First 6 months: no passengers under 20 unless they are members of your immediate family.
  • Second 6 months: no more than 3 passengers under 20 who are not immediate family.
  • Passengers 20 and older are not limited by these rules.

When the passenger limits do not apply

  • When you drive with an instructor as part of a certified traffic safety education course.
  • When you drive with a parent, stepparent or legal guardian who has valid driving privileges.

Night driving: midnight to 5 a.m.

For your first year you cannot drive between midnight and 5:00 a.m. unless you are:

  • driving between home and work
  • driving between home and a school event for which there is no other transportation
  • driving for employment purposes
  • with a licensed driver who is at least 25 years old

Scenario check

  • Driving home from a closing shift at 12:30 a.m.: allowed (home and work).
  • Driving a friend home from a party at 1 a.m., with your 21-year-old cousin beside you: not allowed. The night exception needs a licensed driver 25 or older.
  • Driving home from a late away game at 12:15 a.m., with no team bus: allowed (home and a school event with no other transportation).

Phone rule: nothing until 18

Until you are 18 you cannot drive while using a mobile communication device. That covers talking and texting, and hands-free accessories are not allowed. DMV’s parent guide also lists using an mp3 player or any other portable device.

The same ban applies on your instruction permit. From 18, Oregon drivers may use a phone only with a hands-free accessory that needs minimal use of a finger to turn on or off. National context: hands-free and texting laws for US drivers.

What happens if you break the rules?

You can get a ticket and fines, your insurance rates can go up, and your license can be suspended. Under the Provisional Driver Improvement Program, breaking a provisional restriction is one of the behaviors DMV lists as leading to a driver improvement offense:

On your record Result
2 driver improvement offenses Restricted for 90 days, or until 18, to driving to, from or for school or work only
3 driver improvement offenses 6-month suspension, which continues even if you turn 18
Conviction for a serious offense (such as reckless driving or DUII) 1-year suspension

Under 21, any amount of alcohol in your blood while driving can lead to a suspension. A parent or guardian who signed your application can also ask DMV to cancel your license at any time until you turn 18. More: zero tolerance laws for drivers under 21 and points and suspensions in the US.

Common questions

Can a 16-year-old in Oregon drive friends?

Not in the first 6 months if the friends are under 20 and not immediate family, unless a parent, stepparent or legal guardian with valid driving privileges is in the car. In months 7 to 12 you can carry up to 3.

Can I use a hands-free phone or car system at 16 or 17 in Oregon?

Not for calls, texts or any other phone use. Hands-free accessories are not allowed for drivers under 18.

Do siblings count toward the passenger limit?

No. The limits apply to passengers under 20 who are not members of your immediate family.

When do Oregon provisional restrictions end?

The passenger and night limits end after 1 year or at 18, whichever comes first. The phone ban ends at 18.

Is there a curfew on the Oregon instruction permit?

DMV’s permit page lists no curfew. The permit rules are a licensed supervisor aged 21 or older beside you, and no phone use. See Oregon supervised driving rules.

How do Oregon’s limits compare with other states?

See US graduated licensing compared. Every step of the Oregon process is in learning to drive in Oregon.

Sources

  • Oregon DMV, “Get a Driver License: Under 18” (oregon.gov)
  • Oregon DMV, “Parent Guide to Teen Driving: The Rules for Provisional Driver Licensing” (oregon.gov)
  • Oregon DMV, “Parent Guide to Teen Driving: Does DMV Monitor My Driving Record?” (oregon.gov)
  • Oregon DMV, “Oregon Driver Manual: Safe and Responsible Driving” (oregon.gov)
  • Oregon DMV, “Get an Instruction Permit: Under 18” (oregon.gov)
  • Oregon DMV, “Parent or Legal Guardian Signature” (oregon.gov)