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What is the penalty for driving with a provisional license with a passenger who is a minor in the car in California?


A

As you are aware in 2006 a California state law went into effect imposing new restrictions on teenage drivers with provisional licenses. One part of the law says that drivers under the age of 18 who have provisional licenses are prohibited for the first 12 months after receiving the license from driving from 11 pm to 5 am.

The second part of the law restricts the new driver from transporting passengers under the age of 20 unless accompanied by either a parent or an adult who is at least 25 years old, for the first 12 months after receiving their provisional license.

According to the CA Department of Motor Vehicles (DMV) violations of the passenger or nighttime driving restrictions typically result in either court ordered community service or a fine. The actual part of California law you would be cited under would appear to be CA Vehicle Code Section 12814.6. Here it states (in part):

(b) Except as provided in Section 12814.7, the provisional driver's license shall be subject to all of the following restrictions:

(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee's parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor:

(A) Drive between the hours of 11 p.m. and 5 a.m.

(B) Transport passengers who are under 20 years of age.

This section of CA law goes on to say:

(c) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of the restrictions imposed under subdivision (b).

(d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether a driver who is subject to the license restrictions in subdivision (b) is in violation of Article 2.5 (commencing with Section 118947) of Chapter 4 of Part 15 of Division 104 of the Health and Safety Code.

(e) (1) Upon a finding that any licensee has violated paragraph (1) of subdivision (b), the court shall impose one of the following:

(A) 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.

(B) 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.

(2) If the court orders community service, the court shall retain jurisdiction until the hours of community service have been completed.

(3) If the hours of community service have not been completed within 90 days, the court shall impose a fine of not more than thirty-five dollars ($35) for a first offense and not more than fifty dollars ($50) for a second or subsequent offense.

Here is some other information on penalties you may receive if you obtain tickets for traffic offenses or accidents while you hold a provisional license since the state wants you to maintain a clean driving record.

One citation or at-fault crash within 12 months results in a DMV warning. If you have a second "at fault" collision or conviction (or combination of both) within 12 months, you cannot drive for 30 days unless accompanied by your licensed parent or other licensed adult who is at least 25 years of age.

If you have a third "at fault" collision or conviction (or any combination) within 12 months, you will be suspended for six months and placed on probation for one year. If you have additional "at fault" collisions or point count convictions while you are on probation, you will be suspended again. Traffic law violations resolved in Juvenile Court are also reported to the DMV.

If you are convicted of using alcohol or a controlled substance and you are between the ages of 13 and 21, the court orders the DMV to suspend your driver license for one year. If you do not have a driver license the court orders DMV to delay your eligibility to apply for a driver license. You can also be required to complete a Driving-Under-the-Influence (DUI) program.

Any restriction, suspension, or probation will continue past your 18th birthday for its full term. Other, stronger actions can be taken if your driving record justifies them. Remember, if your driving privilege has been suspended or revoked, you may not drive in California.



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1 Responses to "What is the penalty for driving with a provisional license with a passenger who is a minor in the car in California?"
  1. Anonymous

    Thanks so much! One more question, if the provisional-licenced driver has people under the age of 20 who have lerners permits in their car, can these people get into any type of trouble or be subject to any fines/penalties?

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