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In Virginia, United States, drivers under 18 who have a provisional license must follow specific limits on how many passengers they can carry in the vehicle. If they transport more than one person under 21 without falling under the law’s exceptions, they can commit a traffic violation.
Section 46.2-334.01 of the Virginia Code says a second violation, whether for breaking the passenger limit or driving during restricted hours, can lead to a suspension of the driving privilege for up to six months.
The rule also includes exceptions for certain relatives and specific situations, and limits driving between midnight and 4 a.m.
What Section 46.2-334.01 says about how many passengers drivers may carry
Section 46.2-334.01 of the Virginia Code sets restrictions for drivers under 18 who hold a provisional license. Under subsection B, these drivers may not carry more than one passenger under 21 who is not a member of their family or household. The limit is meant to regulate how many passengers can ride in the vehicle during this stage of driving.
The rule also provides special conditions for those who have held their provisional license for more than one year. In those cases, they may carry up to three passengers under 21 when any of these conditions is met:
- They are going to or returning from a school-sponsored activity.
- They are traveling with a licensed driver at least 21 years old, seated in the front passenger seat.
- They are in an emergency situation.
The passenger restriction does not apply to family or household members included in the categories defined by the law itself.
When a driver’s license can be suspended for repeat offenses under this rule
Subsection D of Section 46.2-334.01 says that violating the passenger limits or nighttime driving rules is a traffic violation. However, the permit is not suspended automatically after the first offense because the law allows for an additional penalty if the driver violates either of these provisions again.
Specifically, after a second violation or any later one, the court may suspend the minor’s driving privilege for up to six months. That means the person does not necessarily have to repeat the same behavior; they can also become a repeat offender by violating the rule that bars driving between midnight and 4 a.m. when none of the legal exceptions applies.
What other restrictions apply to minors with a provisional license in Virginia
In addition to limiting the number of passengers, the Virginia Code sets conditions on when drivers under 18 may be on the road. Under subsection C of Section 46.2-334.01, they may not drive between midnight and 4 a.m. unless they are in one of the situations authorized by law.
The exceptions include:
- Traveling to or from their workplace.
- Traveling to or from a supervised activity organized by a school or by a civic, religious or public organization,
- Driving with one of their parents, a person who has legal responsibility for them, or their spouse if the spouse is over 18, as long as that person is seated in the front passenger seat.
- Driving in an emergency, including certain calls for volunteer firefighters and emergency medical personnel.
Both the passenger limits and the nighttime driving restrictions no longer apply once they turn 18.