The laws and effective dates:

Q – If I got a learner’s permit or provisional license before October 1, do these changes apply to me?
A - Yes, these changes apply to all drivers even if you were issued a permit or a provisional license before the date the change in laws became effective. The bottom line is, if you hold a learner's permit or a provisional license on October 1, 2005, the new laws apply to you.

• House Bill 393:  Vehicle Laws – Minor Holding Provisional Driver’s License – Prohibition Against Minors as Passengers
• House Bill 394/Senate Bill 50: Motor Vehicles – Learner’s Permits and Provisional Licenses – Prohibition on Use of Wireless Communication Device While Driving
• House Bill 395: Vehicle Laws – Driver Examination – Practice Driving Requirements
• House Bill 633: Criminal Procedure – Probation Before Judgement – Provisional Driver’s License
• Senate Bill 206: Vehicle Laws – Provisional Drivers – Eligibility for License
• Senate Bill 209: Vehicle Laws – License to Drive - Requirements
  
  

Learner’s Permit:

Q – I got my learner’s permit in August.  Can’t I take the skills test for my provisional license in four months?
A – Sorry.  The new laws will apply to anyone who holds a learner’s permit or a provisional license on October 1^st.

Q - How long must I hold a learner’s permit ?
A - You will need to hold it for six months before being eligible for a provisional license. 

Q - How much time do I need to practice driving?
A - The learner’s permit driver must complete a minimum of sixty (60) hours of driving practice with someone at least age twenty one (21) who has held a driver’s license for three (3) years or more.  A minimum of ten (10) of the 60 practice driving hours must occur at night.  The nighttime practice driving can occur 30 minutes before sunset, but no earlier, or 30 minutes after sunrise, no later to qualify as nighttime practice driving.

Q - I am under 16 and want to apply for a learner's permit.  What do I need from my school?
A - Public and private school students must submit a completed Learner's Permit School Attendance Certification form.  This form must have been validated by a school official and brought to the MVA in an appropriately sealed envelope.  Home schooled students must also submit the Learner's Permit School Attendance Certification form and have it certified by the home schooling coordinator in that applicant's jurisdiction.

Q - What happens if my school certifies that the applicant has more than 10 unexcused absences in the previous school semester?
A - The MVA will not be able to issue a learner's permit to the applicant before his/her 16th birthday.  Once the applicant has turned 16, the Administration is permitted to issue a learner's permit, provided all other requirements to obtain the permit have been successfully met.

Provisional License:

Q - When can I graduate to my provisional license?
A - A driver must be at least 16 years and 3 months, but he or she will have had to have completed the driver’s education and have held the learner’s permit for six months.

Q.  I failed my skills test before October 1st and I can't re-test until after October 1st, will the new changes also apply to me?
A - Yes. Anyone taking the skills test after October 1st is subject to the requirements of the new law.

Passengers:

Q - Can I carry passengers?
A - During the first 5 months (151 days) of the provisional period, drivers under the age of eighteen (18), may not carry passengers who are minors (under eighteen), unless they are accompanied by a qualified supervising driver or the passengers are direct family members. You may not carry passengers who are your friends, or anyone else who is not related to you, and does not live in your house.

Q – I am 16 and a half and have my provisional license.  I drive my sister and my next door neighbor to school every day.  Can I still do this?
A – No, not for the first 5 months, (151 days) of your 18-month provisional period.  You can take your sister, but not your friend.

Q – I am 16 and a half and have my provisional license.  I pick up my little brother and his best friend from their elementary school.  Is this still legal?
A – No, not for the first 5 months (151 days) of your 18-month provisional period.  You can pick up your little brother during those first five months, but not his friend.

Q – I get my provisional license on October 6^th.  How much longer before I can drive my friends to school?
A – Not for about five months (151 days) from October 6^th – on or about March 6^th, 2006 – if your parents agree.

Q – What do you mean “if my parents agree”?
A – The whole graduated licensing system is dependent on the approval of your parents or guardians.  The actual legal age to drive is 18.  You can get a learner’s permit when you’re as young as 15 years, 9 months – but only with your parent’s permission.

Q – My best friend got her provisional license on August 15^th.  She can drive me to school, right?
A – Since the new law is in force, you won’t be able to ride with her until about January 15^th.  Our advice to her parents would be not to allow her to carry passengers until at least January 15^th. 

Cell Phones:

Q - Can I use my cell phone?
A – Provisional and learner’s permit drivers under the age of eighteen (18) may not use any wireless communication devices, including a cell phone, while driving, except when making an emergency 911 call.

Q – Can I use my cell phone to call home if I get lost or break down?
A – Not if you are driving and the car is in motion -- if you have a learner’s permit or a provisional license.   Pull over to a safe place before placing the call.

Q – Can I use my cell phone to report an accident?
A – Yes, there is an exception for dialing 911 – but please be careful if the car is still in motion.

Q – I just completed the graduated licensing program and received my full license – but I’m not 18 yet.  Can I use a cell phone when I drive?
A – Yes, but be careful.

Seat Belts:

Q – My best friend refuses to wear a seat belt.  Why should this affect me?
A – Because if you are the driver, the safety of the others in the car with you is your responsibility.  If you get caught, your friend could cost you your driving privilege.

Curfew:

Q – I’m in the school play, and sometimes our rehearsals run late.  What if I’m not home by midnight?
A – There is an exception in the curfew law for traveling to and from school activities, work, organized athletic and volunteer events.

Violations:

Q - What happens if I get a moving violation?
A - Any violations or a Probation Before Judgment [(PBJ), a ruling by the court that does not result in a conviction, but is reported to the MVA] will mean the eighteen (18) month provisional period has to be restarted.  Drivers must hold the provisional license for eighteen (18) consecutive months with no moving violations, including a Probation Before Judgment (PBJ) ruling, to be eligible for a full license.  Provisional drivers, who have previously received a Probation Before Judgment (PBJ) are ineligible for a PBJ ruling.

Full Driver’s License:

Q - What changes have been made to the full driver’s license minimum age?
A - You must be 17 years, 9 months to obtain a full driver’s license after October 1.  Prior to that, you only had to be 17 years and 7 months.