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Passenger and Curfew Laws for Minor Drivers

Unless a minor driver's parent or legal guardian is present, state law prohibits any driver under age 18 from driving with:

  • any passenger under age 21 who is not a member of the driver's immediate family until having held a driver license for at least six months; and
  • two or more passengers under age 21 who are not members of the driver's immediate family until having held a driver license for at least one year.

In addition, occupants of vehicles driven by persons under the age of 18 must wear a seatbelt or be properly restrained. 

The law allows exceptions to the passenger restrictions when:

  • the minor's parent, legal guardian, or other responsible adult who has legally signed an affidavit of liability is in the vehicle;
  • an adult who has held a valid driver license for at least one year is in the vehicle;
  • a passenger who is under the age of 21 is in the vehicle due to a medical emergency; or
  • a passenger who is under the age of 21 is an immediate family member and wearing a seatbelt. 

Minor drivers who have not held a driver license for at least one year are also prohibited from driving between the hours of 12:00 and 5:00 a.m.  Exceptions are provided if:

  • the driver's parent or legal guardian is present in the vehicle;
  • the vehicle contains a person over age 21 who has held a valid driver license for at least one year;
  • or the minor is driving on account of medical emergency, to school or a school‑related activity, or to his or her place of employment. 

A person in violation of the requirements commits a traffic infraction punishable by:

  • 8 to 24 hours of community service;
  • a fine of up to $50; and
  • an assessment of two license suspension points. 

A second or subsequent violation results in:

  • 16 to 40 hours of community service;
  • a fine of up to $150; and
  • an assessment of two license suspension points.

Visit the Division of Motor Vehicles for additional information about minor drivers.

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