Texas Provisional License Restrictions for Drivers Under 18

Updated October 2026 · Reviewed by Billy Forte

Texas provisional license restrictions are three limits for drivers under 18: no phone use while driving, no driving from midnight to 5 a.m. without a listed reason, and no more than one passenger under 21 who is not a family member. They come from Transportation Code 545.424 and appear on the DPS provisional license page. This guide puts all three in one place, with the fines, the enforcement rule and the end date.

Key Facts

Three limits: phones, late-night hours and young passengers. See the table.
Fines: $25 to $99, or $100 to $200 with a prior conviction. See penalties.
Traffic stops: police may not pull a teen over only to check these rules. See enforcement.
Learner supervision: the late-night and passenger limits do not apply with learner-level supervision. See the exception.
End date: the limits stop at 18. See how long they last.

Texas Provisional License Restrictions at a Glance

Here are the three restrictions side by side. Each row uses the words of the statute or the DPS page.

Restriction	What a driver under 18 may not do	Allowed exceptions
Wireless devices	Use a wireless communication device while driving, handheld or hands-free	An emergency
Late-night hours	Drive after midnight and before 5 a.m.	Work, a school-related activity or a medical emergency
Passengers	Carry more than one passenger under 21 who is not a family member	Not listed; family members do not count

The statute adds one more exception for the late-night and passenger rows. It covers driving with the supervision a learner license requires. See the supervision exception.

Where the Rules Come From

The source is Transportation Code 545.424. Its title is “Operation of Vehicle by Person Under 18 Years of Age.”

DPS repeats the rules in plain words. The DPS provisional license page lists them this way:

“You may not drive with more than one passenger in the vehicle under 21 who is not a family member.”
“Driving is restricted between midnight and 5:00 a.m. unless for work, school activities, or emergencies.”
“All cell phone use is prohibited, including hands-free devices unless it’s an emergency.”

The statute is the law. The DPS page is a summary of it for families.

A Map of Section 545.424

The section is short, and each part has a letter. Knowing the parts helps you read it on the state’s statutes site:

(a): the ban on wireless devices for drivers under 18, except in an emergency.
(a-1): the midnight to 5 a.m. limit and the passenger limit.
(c): the (a-1) limits do not apply with learner-level supervision.
(d): “employment” includes work on a family farm.
(e): a peace officer may not stop or detain a driver only to check this section.
(f): “wireless communication device” includes handheld and hands-free devices.
(g): the fine ranges.

The section does not define “family member.” That gap matters for the passenger rule.

Restriction One: Wireless Devices

A driver under 18 may not use a wireless communication device while driving. The only exception is an emergency.

The statute defines “wireless communication device” to include handheld and hands-free devices. So a hands-free call is still a violation for a teen.

Here is a simple test. If the teen is driving and the device is in use, the rule is broken, unless there is an emergency. Where the phone sits does not change that.

The phone rule is the widest of the three. It applies to every driver under 18, learners included. Our teen cell phone law guide covers it in depth.

Restriction Two: Midnight to 5 a.m.

A driver under 18 may not drive after midnight and before 5 a.m. Three reasons make a trip lawful in that window: employment, a school-related activity or a medical emergency.

The statute says employment includes work on a family farm. The window is five hours long, from 12:00 a.m. to 5:00 a.m.

A drive that starts at 5:15 a.m. falls outside the window. A drive at 12:30 a.m. to see a friend has none of the listed reasons. Our midnight driving rule guide explains each exception.

Restriction Three: Passengers

A driver under 18 may carry no more than one passenger under 21 who is not a family member. Passengers 21 or older do not count toward that limit. Family members do not count either.

Count the riders before you leave. One friend age 17 is within the limit. Two friends ages 16 and 19 are over it, since both are under 21.

The statute does not define “family member.” Our passenger limit guide shows how to count riders.

Summary card of the fines and enforcement rule under Texas Transportation Code 545.424

What the Statute Sets as the Penalty

Section 545.424 sets a fine range for a violation:

First offense: a fine of at least $25 and not more than $99.
With a prior conviction: a fine of at least $100 and not more than $200.

That is the penalty this section lists. We do not add other penalties here, because the section we rely on does not name them. If you get a citation, read the notice and contact the court named on it.

A quick bit of math shows the range. Two separate tickets could cost from $25 for the first to as much as $200 for the second.

How Police Enforce the Limits

The statute has a clear limit on stops. A peace officer may not stop a vehicle or detain a driver solely to check for a violation of this section.

That does not make the rules optional. The limits still apply on every drive, and the section still sets fines for a violation.

So the rule limits why an officer can make a stop. It does not change what the teen may do behind the wheel.

The Supervision Exception

The late-night and passenger limits have a carve-out. They do not apply when the teen drives with the supervision required for a learner license.

The DPS learner license page describes that supervision. A licensed adult 21 or older sits in the front passenger seat.

The phone rule has no such carve-out. A teen with an adult in the front seat still may not use a phone, except in an emergency.

Who the Restrictions Cover

The statute speaks of a “person under 18 years of age.” It is about age, not about the type of card.

DPS lists the three limits on its provisional license page. The phone ban also appears on the learner license page. So a learner follows the phone rule, and a provisional driver follows all three.

A 17-year-old with a provisional license, driving alone, is bound by every limit in the table. A 15-year-old learner follows the phone rule with an adult in the front seat.

How Long the Restrictions Last

All three limits stop at 18. TDLR says the provisional license expires on the 18th birthday.

The driver must then renew. The TDLR step-by-step guide says the renewal brings “a regular driver license without restrictions.” Our guide on when the restrictions end covers renewal.

How the Phone Rule Compares With Adult Rules

Texas also has a texting rule for every driver. TxDOT’s distracted driving campaign page says it has been illegal to read, write or send a text while driving since Sept. 1, 2017.

The under-18 rule goes further. It covers any use of a wireless device, including hands-free calls. Our phone law guide explains the difference.

Questions to Settle Before the First Solo Drive

These questions help a family apply the law before a problem comes up:

Where will the phone go while the car is moving?
What time does each late event end, and does it fit an exception?
Who will ride along, and how old is each rider?
Who can the teen call for a ride if a trip would break a rule?
When is the 18th birthday, and when will you renew?

Building House Rules From the Law

Families can turn the three limits into a short plan. Each point below comes straight from the statute:

Set the phone down before the car moves. Hands-free use counts as use.
Mark the 12 a.m. to 5 a.m. window. Plan late events around it, unless one of the three exceptions applies.
Count riders under 21. Leave out family members and anyone 21 or older.
Recheck at 18. Plan the renewal before the license expires.

Four steps to turn the Texas provisional license restrictions into a family driving plan

Our Review of the DPS Provisional Page

On the DPS provisional license page we checked on October 26, 2026, the three limits appeared as a short list. The wording matched the statute’s three rules.

For the fine amounts and the enforcement rule, we went to Section 545.424 itself.

Common Mistakes With the Restrictions

Each of these goes against a rule in the statute or on the DPS page:

Using a hands-free device. The statute counts hands-free devices as wireless devices.
Thinking the limits end at 17. They apply to every driver under 18.
Guessing who counts as family. The law does not define family member, so check before you leave a rider out of the count.
Assuming an adult in the car lifts the phone ban. Supervision lifts only the late-night and passenger limits.
Expecting no consequences. Police may not stop a car only for these rules, but they can cite a violation.
Letting the license lapse at 18. The provisional license expires on the 18th birthday.

For the full licensing path, see our teen driver license guide.

How Requirements Can Vary

Texas driver education rules come from TDLR, and driver license rules come from Texas DPS. They apply statewide, but what you need depends on the student’s age, the course method, and whether the classroom part comes from a parent-taught course, a driving school, or a public school.

Fees, forms, and office procedures can change. Check the TDLR parent-taught pages and the DPS driver license pages before each step, and follow the instructions from your course provider.

Frequently Asked Questions

What are the provisional license restrictions in Texas?

There are three. No phone use while driving, even hands-free, except in an emergency.

No driving from midnight to 5 a.m. except for work, school activities or a medical emergency. No more than one passenger under 21 who is not a family member.

What is the fine for breaking these rules?

Section 545.424 sets a fine of $25 to $99. With a prior conviction, the fine is $100 to $200.

Can police pull my teen over just to check?

No. The statute says a peace officer may not stop a vehicle or detain a driver solely to check for a violation of this section.

Do the restrictions apply with a parent in the car?

The late-night and passenger limits do not apply while the teen drives with learner-level supervision, meaning a licensed adult 21 or older in the front seat. The phone ban still applies.

When do the restrictions end?

At 18. The provisional license expires on the 18th birthday, and the driver renews for a regular license without the restrictions.

Does a hands-free call count?

Yes. The statute says a wireless communication device includes hands-free devices. A driver under 18 may use one only in an emergency.

Can a teen drive to work after midnight?

Yes, if the trip is for employment. The statute lists employment as an exception, and it includes work on a family farm.

Do learners follow the same rules?

Learners follow the phone ban. They must also drive with a licensed adult 21 or older in the front seat, which lifts the late-night and passenger limits.

Conclusion

Texas provisional license restrictions cover three things: phones, late-night hours and young passengers. They carry a fine of $25 to $99, more with a prior conviction, and they end when the driver turns 18 and renews. Driving Logic’s Texas Parent Taught Drivers Ed course is coming soon, and the DPS provisional license page lists the rules now.

Sources

Billy Forte is the owner of Driving Logic, a state-approved driver improvement course provider serving Texas and other U.S. states.

This article is general information, not legal advice. Texas driver education and licensing rules are set by TDLR, Texas DPS, and Texas law, and can change. Check the official TDLR and DPS websites for current requirements.