How To Obtain a Provisional Instruction Permit or Driver License

Instruction Permit Requirements

To obtain a provisional instruction permit you must:

� Be at least 15, but under 18 years of age.

� Fill out the DMV application form (DL 44).

� Obtain your parents� or guardians� signatures on the application form.

� Present an acceptable birth date/legal presence document.

� If you are under 15�/2 you must:

�be enrolled in driver education and driver training during the same semester (simultaneous enrollment) and provide the DMV form DL 391 or OL 239).

�have completed driver education and be enrolled in driver training and provide the DMV form DL 356 or OL 237. Your driving instructor will give you the forms to show proof of completion.

� If you are between 151/2 and 17�/2, you must be simultaneously enrolled or have completed driver education and provide the DMV form DL 356 or OL 237. Your driving instructor will give you the forms to show proof of completion.

�If you want a permit to drive mopeds or motorcycles, you must be at least 151/2 and bring proof you have finished driver education and driver training (DL 356, OL 237, or OL 238).

�If you are at least 17�/2, you may obtain a permit without driver education or driver training. However, you must bring in the forms to show you have completed driver education and driver training (DL 356, OL 237, or OL 238) or wait until you are 18 to get a license.

� Provide your social security number.

� Pay the required $12 application fee.

� Have your picture taken.

� Pass an eye exam.

� Pass a law test.

�If you fail the law test, you must wait one week before taking it again.

� Hold your permit for a minimum of 6 months before you apply for a license.

The provisional instruction permit is not valid until you start your behind-the-wheel driver training with an instructor or reach age 1 7�b.

Instruction Permit Restrictions

You may use your provisional instruction permit to practice with a parent, guardian, licensed driver 25 years of age or older, or a licensed or certified driving instructor. The person you practice with must have a valid driver license in his or her possession and must sit closely enough to you to take control of the vehicle at anytime. A provisional instruction permit does not let you drive alone� not even to a DMV office to take a driving test.

If you have an instruction permit that allows you to drive mopeds or motorcycles (or any 2-wheel vehicle), you:

� cannot carry passengers

� must ride during daylight only

� cannot ride on any freeway.

License Requirements

To obtain a provisional license you must:

� be at least 16 years old.

� have held your instruction permit for at least 6 months.

� present a DMV form DL 356 or OL 237 and OL 238 showing you have finished both driver education and driver training.

� have your parent�s or guardian�s signature on your instruction permit verifying that you have completed 50 hours of driving practice, of which 10 hours must have been at night (refer to the Parent-Teen Training Aid Handbook which is available at any DMV office).

� pass the behind-the-wheel driving test.

�If you fail, you must wait two weeks before you can take the driving test again.

� give your thumb print.

� have your picture taken, if not already taken.

License Restrictions

The following restrictions will be imposed:

First six months restrictions (Restriction 47)

You must be accompanied and supervised by a licensed parent, guardian, other driver 25 years of age or older, or a licensed or certified driving instructor:

� When driving between midnight and 5 a.m.

� When transporting passengers under 20 years of age at any time.

Second six months restrictions (Restriction 47)

You must be accompanied and supervised by a licensed parent, guardian, other driver 25 years of age or older, or a licensed or certified driving instructor:

� When driving between midnight and 5 a.m.

However, you may transport passengers under 20 years of age between 5:00 a.m. and midnight unaccompanied.

NOTE: Local laws may further restrict or prohibit driving during specified hours.

Exceptions to Restrictions

The exceptions listed below are granted when reasonable transportation is not available and it is necessary for you to drive. You must carry a note signed by the appropriate person and the note must explain why you must drive and include the date when the necessity will end.

� Medical necessity
The note must be signed by your physician and the note must contain a diagnosis and probable date when recovery will end your need to drive.

� School or school-authorized activities
The note must be signed by your school principal, dean, or his or her designee and the note must include a reason for the school or school-authorized activity and the date when the activity will end.

� Employment necessity
The note must be signed by your employer and it must verify employment and the date employment will end.

� Immediate need of family member
The note must be signed by your parent or legal guardian and it must include the reason and date the necessity will end.

� Emancipated minor
No documentation is needed for this exemption. However, you must have already declared yourself emancipated by completing a DMV form and by providing Proof of Financial Responsibility (SR 1 P) in lieu of your guarantors� signatures when you applied for your instruction permit.

Minors With An Out-of-State License

The new provisional restrictions also apply to any minor who obtains an original California license.

Provisional Driver License Sanctions

Currently a 30-day restriction is required if your driver record shows a violation point count of 2 or more in 12 months.

A 6-month suspension and a 1-year term of probation* shall be imposed if your driver record shows a violation point count of 3 or more in 12 months. Also, the court is required to impose community service hours or fines for violation of specific provisions.

* Probation means: no tickets, no accidents, and any current restriction or suspension will run its full term even if you turn 18 before the restriction or suspension ends.

Existing Provisional Licenses

If you were issued a provisional license prior to July 1, 1998, and need to replace it or make any changes, you are not subject to the new provisional license restrictions.