According to the NCDOT Division of Motor Vehicles it is unlawful for the holder of a limited learner permit, a temporary permit, or a limited provisional license to drive a motor vehicle in violation of the restrictions that apply to the permit or license. Failure to comply with a restriction concerning the time of driving or the presence of a supervising driver in the vehicle constitutes operating a motor vehicle without a license. Failure to comply with any other restriction, including seating and passenger limitations, is an infraction punishable by a monetary penalty.
A limited provisional license holder in North Carolina must follow the conditions related to their license type. There are several restrictions that apply to the driver holding a limited provisional license which is the second level of the NC graduated driver's license (GDL) process. These restrictions are that the driver:
- Must have the license in the driver's possession.
- You may drive without supervision from 5 a.m. until 9 p.m. and at any time when driving directly to or from work or any volunteer fire, rescue or EMS (emergency medical service), if you are a member.
- Must drive at any other time with a supervising driver where the supervising driver is seated beside the license holder.
- Must have all persons in vehicle use seat belts or child safety restraints.
- There may be no more than one passenger under 21 years of age in the vehicle. This limit does not apply to the license holder's immediate family.
- The use of a mobile/cell telephone is prohibited. This includes the use of any features related to a mobile/cell telephone, such as a camera, electronic mail, music, games, or the Internet. This applies only when the vehicle is in motion while driving on a street, highway, or public vehicular area.
Remember to move up to a level 3 full provisional license you must keep your limited license for 6 months and have no moving violations or seat belt/mobile phone infractions in the preceding 6 months.The NC The DMV reviews a provisional licensee's driving record more closely and may contact the individual if they have certain types of traffic violations or crashes. Since they consider you driving alone after 9:00 PM to be a violation of your license type it appears you would be cited for driving without a license if caught and face those penalties as well as have to start your 6 months over carrying this license to be violation free and move up to the level 3 license.
North Carolina statute 20-7 states that to drive a motor vehicle on a highway, a person must be licensed by the Division of Motor Vehicles to drive the vehicle and must carry the license while driving the vehicle.
NC Statute 20‑35 discusses the penalties for violating the law and driving without a license. Here it states that this offense is a violation of this Article of law and is a Class 2 misdemeanor. A Class 2 misdemeanor in North Carolina usually comes with a fine and/or jail time. It is our understanding that it is up to 6 months in jail and or up to a $500 fine, if you were cited for this offense though you could contact the court or a lawyer to find out for certain.
The NC DOT Division of Motor Vehicles would be able to tell you more about the penalties you would receive for driving after 9 pm with your limited provisional license and thus against your time restriction. If you were ticketed already for this offense then contact the court on the citation to get more information on the penalties you may be handed on your court date.
Once you have a valid North Carolina driver's license you can shop with us for NC low cost car insurance.