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Every Virginia driver’s license issued to someone under 18 is a provisional license. It limits how many passengers under 21 you can carry and bans driving between midnight and 4 a.m., with set exceptions. All of these restrictions end on your 18th birthday. Here are the exact rules for teens and parents.
Key facts (Code of Virginia 46.2-334.01, as of November 2026)
- First year: no more than 1 passenger under 21.
- After the first year: up to 3 passengers under 21, but only in three situations.
- Family and household members do not count toward the limit.
- Curfew: no driving midnight to 4 a.m., with exceptions.
- Police cannot stop you just for a provisional license violation.
- Restrictions end at 18.
Virginia provisional license passenger limits
| Time since license issued | Passengers under 21 (not family) |
|---|---|
| First year | 1 |
| After the first year, until 18 | 1, or up to 3 when driving to or from a school-sponsored activity, when a licensed driver 21 or older is in the seat beside you, or in an emergency |
Who counts as family or household
- Your spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters and first cousins, and anyone you have a child with, whether or not they live with you.
- Brothers-in-law and sisters-in-law who live in your home.
- Anyone who lives with you as a partner, and their children who live in your home.
Passengers 21 and older never count toward the limit.
Virginia provisional license curfew: midnight to 4 a.m.
You may not drive between midnight and 4:00 a.m. unless you are:
- Driving to or from your job.
- Driving to or from an adult-supervised activity sponsored by a school or a civic, religious or public organization.
- Accompanied by a parent, a person acting as a parent, or a spouse 18 or older, sitting beside you and legally allowed to drive.
- Responding to an emergency, including volunteer firefighter or emergency medical calls.
Phone rules for Virginia teen drivers
It is illegal for any Virginia driver to hold a handheld phone while driving a moving vehicle. Exceptions include being lawfully parked or stopped and reporting an emergency. Fines are $125 for a first offense and $250 for a second or later offense or any offense in a highway work zone. The provisional license section of the Code does not set a separate teen-only phone rule, but check DMV’s current teen guidance, which may go further. More on hands-free and texting laws.
Penalties for breaking provisional license rules
- Breaking the passenger or curfew rule is a traffic infraction.
- For a second or later violation, a court may suspend your driving privilege for up to 6 months, on top of other penalties.
- Officers may not stop a vehicle solely for a provisional license violation, and evidence from such a stop cannot be used.
Traffic convictions while under 18
| Conviction for an offense committed under 18 | Result |
|---|---|
| First demerit-point offense (or certain other listed violations) | Must attend a driver improvement clinic. No safe driving points for it. |
| Second | License suspended 90 days. You may ask the juvenile court for a restricted license for work or college travel. |
| Third | License revoked for 1 year or until 18, whichever is longer |
Full points rules: Virginia DMV demerit points and driver improvement.
Parents can cancel a teen’s license
A custodial parent or guardian can ask DMV in writing to cancel a minor’s license. It then cannot be reissued for 6 months or until the teen turns 18, whichever is sooner. With joint legal custody, both custodians must sign, or one can petition the juvenile court.
Common questions
Can I drive my younger brother and sister to school?
Yes. Siblings are family members, so they do not count toward the passenger limit.
Can I drive home from work at 1 a.m.?
Yes. Driving to or from your job is an exception to the curfew.
Can I drive three friends to a football game?
Only after you have held the license for a year, and only if it is a school-sponsored activity, or a licensed driver 21 or older sits beside you.
Do the rules apply if I am 18 with a new license?
No. The provisional restrictions apply only to licenses issued to drivers under 18 and end on the 18th birthday.
Does a curfew violation give me points?
It is a traffic infraction. A second or later violation can lead to a court suspension of up to 6 months.
Do permit holders have the same limits?
Permit holders also have a one-passenger-under-21 limit and cannot drive midnight to 4 a.m. at all. See the Virginia learner’s permit guide.
Back to the full guide: learning to drive in Virginia. Compare other states in US graduated driver licensing compared.
Sources
- Virginia General Assembly, “Code of Virginia 46.2-334.01: Licenses issued to persons less than 18 years old subject to certain restrictions” (law.lis.virginia.gov)
- Virginia General Assembly, “Code of Virginia 46.2-334: Conditions and requirements for licensure of persons under 18” (law.lis.virginia.gov)
- Virginia General Assembly, “Code of Virginia 46.2-335: Learner’s permits” (law.lis.virginia.gov)
- Virginia General Assembly, “Code of Virginia 46.2-818.2: Use of handheld personal communications devices” (law.lis.virginia.gov)