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Q

In Indiana, what is the penalty for driving with a passenger under the age of 18, while in the first 90 days of your probationary license?


A

In Indiana if you are younger than 18 years of age when you receive your driver's license, your license is considered probationary. If you have a probationary driver's license, you may drive alone. However, you must observe the following regulations regarding passengers:

  • If there are passengers of any age in your vehicle during the first 90 days that you hold your driver's license, an individual 21 years of age or older with a valid driver's license must be seated in your vehicle's front passenger seat; and
  • If there are passengers in your vehicle, every occupant must wear a seat belt.

Indiana Code 9-24-11-3 is that part of IN law that states that a license issued to an individual less than 18 years of age is a probationary license. There are other restrictions beyond the passenger ones listed above.

If you have a probationary driver's license, you must comply with state and local curfew laws as well. Drivers under the age of 18 are not permitted to drive after 1 a.m. on Fridays and Saturdays, or after 11 p.m. on Sunday through Thursday, unless the following conditions apply:

  • The probationary driver is accompanied by a parent, guardian or custodian, or an adult designated by a parent, guardian or custodian; or
  • The probationary driver is going to or returning from a job, school, religious activity, an activity involving the exercise of civil rights, or an activity sponsored by a governmental or non-profit entity. 

Indiana Code 9-24-11-8 notes the penalties for breaking the restrictions of your probationary license by stating that it is a class C infraction. A class C infraction in Indiana can come with a penalty of a fine up to $500 from what we have read.

Indiana court sites that we have read through say that for Probationary License (age 16-18 years old) violations one must appear in court. The Adams Country Court site notes that minors must appear in court with a parent or guardian.

If you were ticketed for driving against the passenger restrictions of your probationary license than to find out the exact penalties that you will be facing you should contact the court listed on the citation. The Indiana Bureau of Motor Vehicles (BMV) may also be able to advise you on what penalties you may be facing and if your driving privileges will be affected due to getting a ticket during your probationary period and breaking your restrictions.


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