Fremont Learner Driver Guide

California Provisional License Rules: Passengers, Night Driving and Phones

Updated November 5, 2026 · Fremont Learner Driver Guide

A California driver licensed before age 18 holds a provisional license. For the first 12 months, the driver may not drive between 11 p.m. and 5 a.m. and may not carry passengers under 20 unless a parent, guardian or another licensed driver 25 or older is in the car. Separately, drivers under 18 may not use a phone while driving, even hands-free, except in an emergency. Narrow exceptions exist for medical, school, work and family needs, and each requires a signed note kept in the car.

The restrictions in one table

RuleWho it applies toHow long
No driving 11 p.m. to 5 a.m.Provisional license holdersFirst 12 months
No passengers under 20 without a parent, guardian or licensed driver 25 or olderProvisional license holdersFirst 12 months
No driving for pay; no vehicles needing a commercial licenseProvisional license holdersWhile provisional
No phone use while driving, including hands-freeAll drivers under 18Until 18

Nighttime driving

The 11 p.m. to 5 a.m. limit targets the hours when inexperienced drivers face fatigue, darkness and impaired drivers at the same time. It does not mean a new driver should avoid night driving altogether; the 10 hours of night practice required before the test are meant to build that skill under supervision. A teen who finishes a late shift or a school event after 11 p.m. needs either a qualifying exception or a licensed driver 25 or older in the car.

Passengers

For the first year, a provisional driver cannot drive with anyone under 20 in the car unless a parent, guardian, or California-licensed driver at least 25 years old rides along. That includes siblings, unless the immediate family exception below applies. The rule exists because young passengers are a well-known source of distraction for new drivers. In practice, this is the rule teens are most tempted to break: driving friends to school, to Lake Elizabeth or to the movies. Parents who explain the reason, rather than just the rule, tend to get better compliance.

The exceptions

The DMV allows a provisional driver to drive during restricted hours or with young passengers when there is a genuine need and no reasonable alternative. The driver must carry a signed note for each one:

  • Medical need. A note signed by a physician stating the condition and the expected recovery date.
  • School or a school activity. A note signed by the school principal, dean or a designee.
  • Work. A note signed by the employer confirming the employment.
  • Immediate family member. A note signed by a parent or legal guardian stating the reason, the family member and the date the need will end.

Without the note, the exception does not help at a traffic stop. Keep a copy in the glove box and a photo on the phone.

Phones and other devices

California law bars drivers under 18 from using a wireless phone or other electronic device while driving, even with a hands-free setup. This includes permit holders and provisional drivers. The exception is an emergency call, for example to law enforcement, a health care provider or the fire department. Adults face a different rule: they may use a phone only hands-free, mounted, with a single tap or swipe.

Practical steps that help:

  • Set the phone to a driving focus mode that silences notifications automatically.
  • Program navigation before putting the car in gear, and use voice guidance only.
  • Agree as a family that a missed call from a teen driver is answered later, without penalty.

What happens if the rules are broken

Violating provisional restrictions can bring a citation. Beyond that, the DMV watches provisional drivers' records closely, and traffic violations or at-fault collisions during this period can lead to restrictions or suspension of the provisional license. Tickets also tend to raise insurance costs, which parents usually pay. A parent or guardian can also cancel a minor's license by filing the DMV's request for cancellation form; the signature on the original application is what gives them that authority.

When the rules end

The nighttime and passenger restrictions end 12 months after the license is issued. The phone ban ends when the driver turns 18. A teen licensed at 17 will therefore see the phone rule lift before the year of passenger and night limits is over. Ask the DMV or check the handbook for any questions about how the dates apply to a specific license.

A family driving agreement

Many families write their own short agreement during the first year. It can be stricter than the law. Common items include:

  1. No passengers at all for the first few months, even with notes.
  2. Freeway driving only after a set number of supervised freeway trips.
  3. Home by a set time on school nights, earlier than 11 p.m.
  4. No driving in heavy rain until the teen has practiced in wet conditions with a parent.
  5. Seat belts for everyone, every trip.

Families still in the permit stage can build these habits into the 50-hour practice plan. For the full path to a license, see how teens get a license; for the test itself, see what to expect on the drive test.

Official wording of the restrictions and exceptions is in the California Driver's Handbook.

Frequently Asked Questions

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

Not during the first 12 months of a provisional license, unless a parent, guardian or licensed driver 25 or older is in the car. Passengers under 20 are not allowed otherwise, except under the documented exceptions.

What time can provisional drivers drive in California?

During the first 12 months, provisional drivers may not drive between 11 p.m. and 5 a.m. unless accompanied by a licensed driver 25 or older or covered by a documented exception.

Can a teen driver use a phone with Bluetooth?

No. Drivers under 18 may not use a wireless phone or electronic device while driving, even hands-free. Emergency calls to police, fire or medical services are the exception.

Can my teen drive a younger sibling to school?

Only with a qualifying exception. The immediate family exception requires a note signed by a parent or guardian stating the reason, the family member and the date the need ends, carried in the car.

Can a provisional driver work as a delivery driver?

No. A provisional license does not allow driving for pay or operating vehicles that require a commercial license.