6.2 The Provisional License and the Full Driver's License
Key Takeaways
- The minimum age for a Maryland provisional license is **16 years and 6 months**, and the applicant must pass a skills test administered both on a closed course and in traffic.
- Under-18 provisional holders may not carry passengers under 18 for the **first 151 days** unless a qualified supervising driver is present or the passengers are **direct family members**.
- The nighttime restriction runs from **midnight to 5 a.m.**, with exceptions for a qualified supervising driver or travel to or from a job, official school activity, organized volunteer program, or athletic event or training.
- A provisional driver must keep a **conviction-free and PBJ-free record for 18 months**; any conviction or PBJ restarts the 18 months from the date of disposition or license restoration.
- Administrative sanctions escalate: **1st conviction = Driver Improvement Program, 2nd = 30-day suspension, 3rd = 180-day suspension plus a young driver improvement program, 4th = revocation.**
Getting the Provisional License
A provisional license comes "after gaining experience driving with a learner's permit, maintaining a conviction-free or Probation before Judgement (PBJ)-free driving record, and completing a standardized driver education course."
Requirements:
- Minimum age is 16 years and 6 months.
- Applicants must successfully complete a standardized driver education course including 30 hours of in-class and six hours of behind-the-wheel instruction. Driver education providers submit the course completion information electronically directly to the MVA.
- Applicants must pass a skills test administered both on a closed course and in traffic. The skills test must be scheduled in advance.
- The applicable learner's permit holding period and supervised practice hours for the applicant's age band must be satisfied, with the signed Practice Skills Log and certification page.
Drivers under 18 need permission from a parent, guardian, or co-signer, and parents and guardians may withdraw their consent for driving at any time.
The Four Restrictions for Drivers Under 18
1. Nighttime driving — midnight to 5 a.m.
The provisional holder is "only authorized to drive without supervision between the hours of 5 a.m. to midnight." From midnight to 5 a.m. they must be accompanied by a qualified supervising driver unless they are driving to or from:
- a job;
- an official school activity;
- an organized volunteer program; or
- an athletic event or training.
The qualified supervising driver standard is the same as at the permit stage: licensed, at least 21 years old, with 3 years of driving experience.
2. Passengers — the first 151 days
For the first 151 days (about five months) of the provisional period, the driver "may not drive with passengers under 18 unless they are your immediate family members, without a qualified supervising driver" in the car.
Maryland defines direct family members as "a spouse, daughter, son, stepdaughter, stepson, sister, brother, stepsister, or stepbrother of the provisional license holder; or a relative of the license holder who lives at the same address."
Note what this covers and what it does not. A cousin living in the same household is a direct family member under the residence clause. A cousin living across town is not. Passengers 18 and older are unrestricted at any time.
3. Wireless communication devices
The under-18 provisional driver "may not use any wireless communication device, even hands-free," with the exception of a 911 emergency call. Use of a GPS device is permitted.
This is stricter than Maryland's general law for adult drivers. For a driver under 18 there is no hands-free safe harbor at all.
4. Safety belts and alcohol
"Everyone must be properly restrained by a seat belt or in a child safety seat," and the driver "may not drive with any measurable alcohol" in their system.
Drivers 18 and older
A provisional holder who is 18 or older is not subject to the curfew, passenger, or device restrictions. If under 21, they may not drive with any measurable alcohol; if 21 or older, they follow Maryland's ordinary impaired-driving laws.
Two Different Penalty Tracks
Candidates routinely blend these. They are separate schemes.
Track A — breaking a provisional restriction
| Restriction violated | Sanction |
|---|---|
| Passenger restriction | License suspended 1 year |
| Nighttime driving restriction | License suspended 1 year |
| Phone and device use | License suspended 90 days |
| Alcohol restriction | After the first violation, use an Ignition Interlock device or a 6-month suspension; after the second, license revoked |
Track B — moving violations while holding a provisional license
Convictions or PBJs for moving violations "will require the completion of driver improvement program and/or suspension/revocation" and will also restart the 18-month minimum holding period. In addition to court-imposed sanctions:
1st Conviction = Driver improvement program
2nd Conviction = 30-day suspension of license
3rd Conviction = 180-day suspension and completion of a young driver improvement program
4th Conviction = Revocation
For drivers under 18, the MVA adds restricted driving after the suspension: work or school only for 90 days after the second-offense suspension, and work or school only for 180 days after the third-offense suspension. A fourth offense means revocation and retaking all driving tests for reinstatement. For provisional drivers 18 and older, the second offense is a 30-day suspension and the third and beyond are 180-day suspensions.
Two further provisional-specific rules:
- Five or more points in 12 months. The first time a provisional driver accumulates 5 or more points in a 12-month period, the provisional license is suspended 6 months. For all subsequent times, 12 months.
- High-risk driving convictions — speeding, racing, reckless, aggressive, or negligent driving — carry a 6-month suspension for the first offense and 1 year for subsequent high-risk offenses.
Parental notification: if a new driver under 18 is cited for a moving violation, the MVA notifies the adult who co-signed the application.
Converting to the Full Driver's License
Requirements:
- Minimum age is 18 years.
- If younger than 21, the license will carry an alcohol restriction.
- Drivers with a provisional license must keep a clean driving record for 18 months in order to get a full driver's license.
"If you are convicted of a traffic offense or receive probation before judgment (PBJ), your 18-month period will start over. Your 18 months will restart from the date you were convicted or given PBJ, or the date your license was restored after a suspension or revocation."
Conversion is automatic: "Once provisional license holders successfully meet all requirements, the MVA automatically converts the license to a full driver's license status. An attachment card showing the conversion to a full license is mailed to the driver. The card is carried with the provisional license to show the change in licensing status. The attachment card is no longer needed when the provisional license expires" — at renewal the driver pays the renewal fee and is issued a full license.
The reset date is the disposition date
The 18-month clock does not restart from the date of the citation. It restarts from the date of conviction or PBJ, or from the date the license was restored after a suspension or revocation. Teach students that paying a citation by mail is a guilty disposition that starts the clock over.
Worked scenario
Case. A 17-year-old with a provisional license issued on March 1 drives two 16-year-old teammates home from a school soccer practice on June 1, with no adult in the car.
Analysis. June 1 is day 93 of the provisional period, inside the 151-day passenger restriction. Teammates are not direct family members and do not live at the same address, so the exception does not apply and no qualified supervising driver is present. The sanction for violating the passenger restriction is a 1-year suspension. The school-activity exception in the nighttime rule is irrelevant — it applies only to the midnight-to-5 a.m. curfew, not to the passenger restriction.
For how long does the Maryland provisional license passenger restriction apply to a driver under 18?
Under Maryland's provisional license nighttime restriction, which of the following permits an under-18 driver to drive between midnight and 5 a.m. without a supervising driver?
A Maryland provisional driver under 18 is found to have used a hands-free Bluetooth headset while driving. What is the sanction?
A Maryland provisional driver is convicted of a moving violation 16 months into the provisional period. When does the 18-month clean-record requirement begin again?