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Chapter 4: Provisional Driver's License

01/10/2010
4:27 PM

Provisional Driver's License

Revised December 11, 2017
 

Provisional Driver's License (§66-5-8)

A person 15 fifteen years and six months of age or older may apply to the division for a provisional license if the person has completed a driver education course approved by the Traffic Safety Bureau that includes a DWI prevention and education component.

A provisional license entitles the licensee, while having the license in their immediate possession, to operate a motor vehicle upon the public highways between the hours of 5:00 a.m. and midnight. A provisional licensee may drive at any hour unless otherwise restricted if:

  1. accompanied by a licensed driver who is 21 years of age or older;
  2. required by family necessity as evidenced by a signed statement of a parent or guardian;
  3. required by medical necessity as evidenced by a signed statement from medical personnel;
  4. driving to and from work as evidenced by a signed statement from the licensee's employer;
  5. driving to and from school or a religious activity as evidenced by a signed statement of a school or religious official or a parent or guardian; or
  6. required due to a medical emergency.

When operating a motor vehicle, a provisional licensee may be accompanied by not more than one passenger under the age of twenty-one who is not a member of the licensee's immediate family.
 

Requirements for Obtaining a Provisional License

An applicant for a provisional driver’s license must be at least 15½ years of age and must have:

  1. held an instruction permit for at least six months;
    provided that thirty days shall be added to the six months for each adjudication or conviction of a traffic violation committed during the time the person was driving with an instruction permit;
  2. not been cited for a traffic violation that is pending at the time of application;
  3. successfully completed a practice driving component,
    including  not less than 50 hours of actual driving by the applicant, including not less than 10 hours of night driving; and
  4. passed a road skills exam or taken a road skills exam with a MVD-contracted Driver Education School.

An applicant for a provisional license who cannot drive at night due to low nighttime vision may be exempted from the night driving requirement of this subsection; provided that the applicant submits to the division an ophthalmologic or optometric report from a licensed ophthalmologist or optometrist who attests to the applicant's visual condition and its effect on the applicant's driving ability.  The applicant's parent or guardian shall certify that the applicant has completed the practice driving component.

If the road skills exam is given by a MVD-contracted Driver Education School, the test scores are entered on the certificate of completion and also recorded on the driver application. If the road skills exam is given by an MVD agent, and the Applicant passes the skills exam (and meets all other requirements above), the application for a provisional license shall be processed at the same time.

 

To get a regular driver’s license or driving authorization card (DAC) (§66-5-9(I))

Prior to applying for a full, unrestricted driver’s license or driving authorization card (DAC), an applicant under 18 years of age must have:

  1. had a provisional license for at least the 12-month period immediately preceding the date of the application for the driver’s license or driving authorization card; provided that 30 days shall be added to the 12-month period for each adjudication or conviction of a traffic violation committed during the time the person was driving with a provisional license;
  2. complied with any restrictions on that license;
  3. not been convicted of a traffic violation 90 days preceding application for a full license;
  4. not had any traffic violations pending at the time of application for a driver license; and
  5. not been found guilty or have an offense pending involving the use of alcohol or drugs during the provisional period.
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