Short answer: A provisional license is the license California gives drivers under 18. For the first 12 months, you can’t drive between 11 p.m. and 5 a.m., and you can’t carry passengers under 20 unless a parent, guardian, licensed driver 25 or older, or certified driving instructor is with you. There are exceptions for medical, school, work and family needs if you carry a signed note.
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Start the free test →These rules exist because new teen drivers are still building skill. Knowing them well also protects your license, since breaking traffic laws during this period brings tougher penalties than adults face.
What is a provisional license?
The DMV handbook says that when you’re under 18, your driver’s license will have the word “provisional” on it. You get one after you’ve held your instruction permit for at least six months, logged your practice hours, finished driver education and training, and passed the drive test. (If you’re still working toward that point, start with our guide to getting your permit in California.)
A license you get at 18 or older is not provisional, and none of the rules below apply to it.
Provisional license restrictions: the first 12 months
During the first 12 months you have your license, the DMV says you may not:
| Restriction | What it means |
|---|---|
| Night driving | No driving between 11 p.m. and 5 a.m. |
| Teen passengers | No passengers under 20 unless a parent or guardian, a California-licensed driver 25 or older, or a certified driving instructor is in the car |
| Driving for pay | No driving for pay, and no driving vehicles that need a commercial Class A, B or C license |
The DMV also notes that local laws may add further limits, so check your city or county rules.
Once your first 12 months are up, the night and passenger limits end. Your license still says “provisional” until you turn 18, and the cell phone rule below still applies.
The cell phone rule for drivers under 18
This one is separate from the 12-month restrictions. The DMV’s provisional licensing fact sheet says it’s against the law for drivers under 18 to use a cell phone or other wireless device while driving, including a hands-free device. The only exceptions are calling emergency services, or using the device on private property.
That means no hands-free calls and no voice texting. Set your music and directions before you put the car in gear.
Exceptions to the restrictions
The DMV fact sheet says that when reasonable transportation isn’t available and you need to drive, the law allows exceptions so a minor may drive during restricted hours or transport an immediate family member without supervision. In every case you must carry a signed note that explains why you need to drive and when that need will end.
| Reason | Who signs the note | What the note says |
|---|---|---|
| Medical need | Your physician | The diagnosis and probable recovery date |
| School or school activity | Principal, dean or designee | The reason and probable end date |
| Work | Your employer | That you’re employed and need to drive; probable end date |
| Immediate family need | Your parent or guardian | The reason, the family member, and when the need ends |
Emancipated minors don’t need a note. They declare emancipation on form DL 11 and provide an insurance proof certificate (SR 22 or SR 1P) instead of a parent signature when they apply. They still must complete driver education and training.
Keep the note in the car. A note sitting at home doesn’t help you if you’re stopped.
Penalties for provisional drivers
Traffic violations add points to your driving record. For provisional drivers, the DMV fact sheet lists these actions based on your violation point count:
- 2 or more points within 12 months: your license is restricted for 30 days.
- 3 or more points within 12 months: a 6-month suspension and 1 year of probation.
- Points during a suspension or probation: can lead to another suspension.
Turning 18 doesn’t erase these. The DMV says you must serve the full term of any probation, restriction or suspension, even if you turn 18 before it ends.
Parents have one more tool. The handbook says a parent or guardian can cancel their teen’s license by completing a Request for Cancellation or Surrender of a Driver License or ID Card form. Remember that the parent who signed the permit application also accepted financial responsibility for the teen’s driving.
Moving to California with a license from another state
If you’re under 18 and surrender an out-of-state license for an original California license, you’re subject to all of California’s provisional restrictions and requirements. The DMV may ask for proof of driver education and training. The drive test is normally waived for out-of-state license holders, but the DMV can require one.
How these rules differ from permit rules
With a provisional license, you can drive alone, just not at night or with young passengers during your first year. On a learner’s permit, you can’t drive alone at all. If you’re still practicing, see California learner’s permit rules for who must ride with you. Ages and timing are covered in the California permit age guide, and the drive test itself is in our behind-the-wheel test guide.
A simple plan for your first year
- Put your 11 p.m. curfew in your phone calendar for the date 12 months after you’re licensed.
- Agree with your parents on who may ride with you, in writing if that helps. The DMV offers a Parent-Teen Driving Contract.
- Keep any exception note in the glove box with your registration and insurance.
- Silence your phone and put it out of reach before you drive.
Many provisional-license rules also show up on the knowledge test. If you haven’t taken it yet, take the free 10-question practice test to warm up.
For the newest rules for all California drivers, see new California driving laws for 2026.
Ready to check what you know? Take the free 10-question California permit practice test.
Start the free test →Frequently asked questions
How long do provisional license restrictions last in California?
The night-driving and passenger restrictions apply during the first 12 months you have your license. The license is marked provisional while you're under 18, and the ban on using a cell phone while driving lasts until 18.
Can I drive my siblings with a provisional license?
Only under the immediate family exception or with a qualified adult in the car. During the first 12 months, passengers under 20 aren't allowed unless a parent, guardian, licensed driver 25 or older, or certified instructor rides along, or you carry a signed note from your parent or guardian for an immediate family need.
Can I drive to work after 11 p.m. with a provisional license?
Yes, if reasonable transportation isn't available and you carry a note signed by your employer confirming your employment and the probable end date.
What happens if I get a ticket with a provisional license?
Points add up quickly. Two or more points within 12 months bring a 30-day restriction; three or more bring a 6-month suspension and one year of probation.
Do provisional rules apply if I get my license at 18?
No. Licenses are provisional only for drivers under 18.