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Q

What happens when you are 16 and not allowed to drive with a passenger under 25 in California but you get caught with one in your car? What are the penalties?


A

According to California law if you have a provisional driver's license, you must be accompanied and supervised by a licensed parent, guardian or other licensed driver 25 years of age or older, or by a licensed or certified driving instructor when you:

  1. Transport passengers under 20 years of age at any time, for the first twelve months.
  2. Drive between 11 pm and 5 am for the first twelve months.

This means you cannot give anyone under 20 years old (your friends, your brother(s), sister(s), cousin(s), etc.) a ride unless you have a licensed parent, a guardian or other adult 25 years old or older in the car with you. You are also not allowed to drive between 11 pm and 5 am during your first year after getting your license unless you have a licensed parent, a guardian or other adult 25 years old or older in the car with you.

The California DMV and driver's manual states that with a provisional license, you can drive by yourself between the hours of 5 am and 11 pm. If you are under 18, you cannot be employed to drive a motor vehicle.

It is our understanding that a teen driver must be stopped for another violation, such as speeding or failing to wear a safety belt, before a ticket is written for violating the conditions above. Violation of passenger or nighttime driving restrictions results in either court-ordered community service or a fine

Section 12814.6 of the CA Motor Vehicle code gives more information on these penalties. Here it states the court that violating the restrictions of a Ca provisional license means that the court shall impose one of the following:

  • Not less than eight hours nor more than 16 hours of community service for a first offense and not less than 16 hours nor more than 24 hours of community service for a second or subsequent offense; or
  • A fine of not more than thirty-five dollars ($35) for a first offense and a fine of not more than fifty dollars ($50) for a second or subsequent offense.

If you were cited for this violation of California law you can call the court listed on the citation to find out more about the penalties you will receive due to breaking the restrictions on your provisional license.



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3 Responses to "What happens when you are 16 and not allowed to drive with a passenger under 25 in California but you get caught with one in your car? What are the penalties?"
  1. Susan Lobel

    What if you get in an accident and you are 16 and with a passenger that is 25 years or less?

      Reply»  
  2. Visitor

    This was great. This site is the only place that answers my questions clearly and officially after I spent two hours searching on the Internet.

      Reply»  
  3. Anonymous

    Wanted more information on what happens if youre in an accident, youre 16, and you have friends in the car.

      Reply»