Virginia teen driving laws: permits, curfew, and passenger rules

In Virginia, a minor's first driver's license can be handed over by a judge. The Code of Virginia directs the Department of Motor Vehicles to forward original licenses issued to people under 18 to the juvenile and domestic relations court in the city or county where the licensee lives, and directs the judge to conduct a formal ceremony explaining the responsibility that comes with driving. That ceremony is the last stop on a route that starts at 15 years and six months with a report card, runs nine months on a permit, 45 hours of logged practice and a driver education program, and ends in a provisional license carrying a curfew and a passenger cap that both switch off on the holder's eighteenth birthday. This guide is for the teenager and the parent walking that route together.

Practice the Virginia written test

The permit at 15 and a half comes with an academic condition

Section 46.2-335 of the Code of Virginia lets the Department issue a learner's permit to a Virginia resident over the age of 15 years and six months who documents the chapter's requirements and passes the written or automated knowledge and vision examinations. Then it attaches an academic condition: the Department shall not issue a learner's permit to a minor applicant who is required to show compliance with the compulsory school attendance law unless that applicant is in good academic standing, or unless the parent or guardian having custody provides written authorization on forms the Department supplies — forms that, the statute says, indicate the Commonwealth's interest in the good academic standing and regular school attendance of minors.

Two documents lift that condition entirely. A minor who presents proper evidence of the solemnization of a marriage, or a certified copy of a court order of emancipation, is not required to provide the certification of good academic standing or any written authorization from a parent or guardian. For the driver's license application, § 46.2-334 lets either document stand in for the parent's, guardian's or judge's signature. On the learner's permit application the DMV lists only one substitute: it requires written consent signed by a parent or legal guardian from every applicant under 18, and accepts a court order of emancipation in place of that signature.

Who is allowed to sit beside a permit holder

The statute names three categories of supervisor, and they are not interchangeable. A permit holder may drive when accompanied by any licensed driver 21 years of age or older, or by a parent or legal guardian, or by a brother, sister, half-brother, half-sister, step-brother or step-sister who is 18 years of age or older. Whoever it is has to satisfy two conditions at the same time: be alert, able to assist the driver and actually occupying the seat beside the driver — the statute's alternative here, immediate supervision from a separate accompanying vehicle, applies to motorcycle instruction rather than to a car — and be lawfully permitted to operate that vehicle at that moment. A suspended supervisor does not count, however old they are.

There is also a way out of the passenger seat before the license arrives. The DMV's learner's permit page says a permit holder may drive without a licensed driver only when three things are true at once: holding a valid Virginia Driver Training Certificate (DTS B) signed by a parent or legal guardian showing completion of both the classroom and behind-the-wheel portions of driver education, being at least 16 years 3 months old, and having held the permit for nine months. Miss any one of the three and the supervisor rule still applies.

The permit's own curfew and passenger cap — worded twice

Section 46.2-335 says no learner's permit authorizes its holder to operate a motor vehicle between midnight and four o'clock a.m., and says no permit authorizes more than one passenger who is less than 21 years old — with one exception, for participation in a driver education program approved by the Department of Education or a course offered by a driver training school licensed by the Department. Members of the driver's family or household are outside that cap.

The DMV's Teen Driving Restrictions page states the same permit cap with a different number, saying learner's permit holders may not carry more than one passenger under age 18. The manual itself tells you how to break that tie: it says its contents should be used as a general guide to the motor vehicle laws but not as a substitute for the Code of Virginia, which contains the laws that govern Virginia drivers and vehicles. Our own suggestion when two official documents disagree on a threshold: drive to the stricter of the two, and ask at a customer service center.

Nine months, 45 hours, and 15 of them after sunset

For an applicant under 18 the requirements stack rather than substitute. You complete a state-approved driver education program, you hold the learner's permit for at least nine months before you can receive a license, and — unless you are married or otherwise emancipated — a parent or guardian signs the completion certificate certifying that you have driven at least 45 hours, 15 of which occurred after sunset, and that the information submitted on the certificate is true. The Driver Education page adds that the signer — parent, guardian or foster parent — provides their own driver's license or state-issued identification card number, and that the certificate also attests to the student's academic standing; on the driver privilege card page, where the same certification appears, a driver privilege card number is listed as an option too. The statute prints the certification language itself, which warns that anyone who certifies to a false statement may be prosecuted.

The program itself is 36 classroom sessions, seven driving sessions, seven observation sessions and a final road skills examination, each session 50 minutes long, offered at a public or private school or at a driver training school, with the classroom component also available online through a driver training school. Anyone 15 years and 6 months or older may take the classroom portion without a permit; the driving portion requires one. Students under 18 add a 90-minute parent/teen component covering topics such as juvenile driving restrictions and the dangers of driving while intoxicated, and that component must be completed in person, teen and parent or guardian together, if you live in Planning District 8 — the counties of Arlington, Fairfax, Loudoun and Prince William and the cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park. Three groups are exempt from it: anyone at least 18 years old, emancipated minors, and unaccompanied minors not in the physical custody of a parent or guardian.

One more piece of paperwork sits outside the classroom. An unaccompanied minor has an extra step after finishing training: check the appropriate box on the Virginia Driver Training Certificate of Classroom Completion claiming the exemption from the parent/teen component, and sign the certificate, before the license can be processed.

The certificate that works as a license for 180 days

Virginia does not make a new teenage driver wait empty-handed while the card is produced. After driver's education is finished, the instructor issues a Virginia Driver Training Certificate — the DTS B, or the TDL-180 — and the DMV's teen FAQ says that when it is accompanied by a valid learner's permit, that certificate is a valid driver's license for 180 days from the eligibility date shown on it, or until you turn 18, whichever comes first. Your instructor sends a copy to DMV for processing.

The Code of Virginia backs that up in its own words: a learner's permit accompanied by documentation verifying successful completion of an approved driver education course, signed by the minor's parent, guardian, legal custodian or other person standing in loco parentis, constitutes a temporary driver's license for the purpose of driving unaccompanied, provided all other requirements of the chapter have been met, and stays valid only until the permanent license is presented in the courtroom step described below.

Why a judge, and what happens in the room

Section 46.2-336 requires the Department to forward all original driver's licenses issued to people under 18 to the judge of the juvenile and domestic relations court in the city or county where the licensee lives. The judge or a substitute judge issues the license and, at the time of issuance, conducts a formal ceremony illustrating to the licensee the responsibility attendant on the privilege of driving. The attorney for the Commonwealth serving that jurisdiction may ask in writing, in advance, to take part; if they do, the presiding judge must give them the chance to address the prospective licensees and the adults accompanying them on enforcement, prosecutions, applicable punishments and the responsibility of drivers generally.

A licensee still under 18 on the day of the ceremony must be accompanied by a parent, a guardian, a spouse, or another person in loco parentis. Two openings exist. For good cause shown, the judge may mail or otherwise deliver the license to a licensee who is a student at an educational institution outside the Commonwealth when the license reaches the judge. And the chief juvenile and domestic relations district court judge may waive the ceremony for every court in the district, or order that the courts conduct it in an alternative manner — where it is waived, the Department mails the licenses straight to the licensees. The statute does not apply at all to Virginia licenses issued to people who already hold valid licenses from other states.

In practice the DMV tells families to watch the mail: the juvenile and domestic relations district court in your jurisdiction sends a notice if attendance is required, and if the court does not require the ceremony the license is mailed directly to you. If you are required to attend and you turn 18 before the ceremony date, you still attend — just without a parent or guardian beside you. The DMV also keeps a list of the courts and jurisdictions that hold one.

Provisional license: one passenger, and midnight to 4

The first license issued to anyone younger than 18 is deemed a provisional driver's license. Until the holder turns 18 it does not authorize driving with more than one passenger who is less than 21 years old. After the first year the provisional license has been issued, that opens to three passengers under 21, but only in three named situations: driving to or from a school-sponsored activity, driving with a licensed driver at least 21 years old occupying the seat beside the driver, or a case of emergency. The cap never applies to members of the driver's family or household, and the statute defines that group carefully — spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, first cousins and anyone with a child in common with the driver, whether or not they live in the same home; brothers-in-law and sisters-in-law who do live in the same home; and any person who cohabits with the driver plus that person's children living in the same home.

The curfew runs from midnight to 4:00 a.m., with four exceptions the statute lists and the DMV's restrictions page repeats: driving to or from a place of business where the holder is employed; driving to or from an activity supervised by an adult and sponsored by a school or by a civic, religious or public organization; driving accompanied by a parent, a person acting in loco parentis, or a spouse 18 years old or older, provided that adult is actually occupying the seat beside the driver and is lawfully permitted to drive at the time; and cases of emergency, including a volunteer firefighter or volunteer emergency medical services member responding to an emergency call.

Both restrictions expire on the holder's eighteenth birthday. Breaking either one is a traffic infraction, and for a second or subsequent violation the court may suspend the juvenile's driving privilege for up to six months on top of any other penalty. Separately, Virginia's cell phone law bars using a phone or any other telecommunications device while driving whether or not it is hand-held, and permits use only for a driver emergency with the vehicle lawfully parked or stopped.

Three convictions and the license is gone

Virginia counts convictions for offenses committed before the driver turned 18, and the ladder is steep. On the first demerit-point conviction — the DMV includes safety belt and child restraint violations — the Commissioner directs the driver to a driver improvement clinic, and no safe driving points are awarded for attending under that direction. The DMV adds that failing to complete the clinic within 90 days means a suspension until it is done. On the second, the Commissioner suspends the license for 90 days, consecutive to and not concurrent with any other suspension, revocation or denial. On the third, the Commissioner revokes for one year or until the driver reaches 18, whichever is longer. Multiple convictions arising out of the same transaction or occurrence do not stack against you.

There are two openings in that ladder, and parents feature in both. After a 90-day suspension, the driver may petition the juvenile and domestic relations district court of their residence for a restricted license good only for travel between home and a place of employment or an institution of higher education where they are enrolled, and only if no other means of transportation exists. And the statute lets a parent, guardian, legal custodian or other person standing in loco parentis attend the driver improvement clinic themselves and receive, for doing so, a reduction in demerit points, an award of safe driving points, or both. The DMV notes the clinic requirement can be met in a classroom or online, and that voluntarily completing one earns five safe driving points — but not when attendance was required by DMV or by a court.

What a Virginia parent can do that DMV has to honor

A custodial parent or guardian of an unmarried or unemancipated minor may file a written request with the Department that the minor's license be canceled after it has been issued. On receiving it the Department shall cancel the license, and shall not reissue it until six months have passed from the date of cancellation or the minor reaches their eighteenth birthday, whichever comes sooner. Where parents have been awarded joint legal custody, the request must be signed by both legal custodians; if one parent is not reasonably available, or the parents do not agree, one of them may petition the juvenile and domestic relations district court to decide.

School attendance carries its own lever, and it belongs to a principal rather than a parent. If the principal of a Virginia public school, or the principal's designee, petitions the juvenile and domestic relations district court where the student lives showing that a student under 18 has had ten or more unexcused absences on consecutive school days, the court gives notice and an opportunity to show cause why the license should not be suspended, and on a failure to show cause may suspend it for any period of time until the student turns 18. Three things put the case outside the section: withdrawal from school for reasons beyond the student's control, withdrawal to transfer to another school as confirmed in writing by the parent or guardian, and a parent or guardian stating in open court a desire to let the student keep the license. The judge alone decides whether a withdrawal was beyond the student's control. A student suspended this way may apply for a restricted license, but only while employed at least four hours a day and at least 20 hours a week, or having a medical condition that requires being able to drive, or being the only licensee in the household.

Moving in under 18, and teaching your own child at home

Time already served counts. A Virginia resident under 18 who moved from another U.S. state or territory holding a valid learner's permit has that holding time counted toward Virginia's minimum period, and needs to present the current permit. Driver education done elsewhere transfers on proof of at least 30 hours of classroom instruction and six hours of in-car instruction. An out-of-state license can be exchanged on three conditions together: the applicant is at least 16 years and three months but under 18 and holds a valid license, completed a driver education program while residing in another state that meets the 30-hour classroom and six-hour in-car minimums, and can present all the documents required for the credential being applied for. Without proof of driver education, the DMV may issue a six-month temporary Virginia license to buy time to produce it or complete a state-approved program.

Home schooling has a separate rule with teeth. For a home-schooled student who took a Board of Education-approved driver education course taught by their own parent or guardian, no license is issued until the student passes the driver's license examination administered by the Department. On top of that, the Commissioner shall not issue the license at all if the instructing parent or guardian, at the time of that instruction, had accumulated six or more demerit points in the most recently preceding 12 months, had been convicted within the most recent 11 preceding years of driving while intoxicated or a substantially similar law of another state, or had ever been convicted of voluntary or involuntary manslaughter or a substantially similar law of another state.

Virginia licensing — frequently asked questions

Can a Virginia teen drive home from work after midnight?

With a provisional license, yes — driving to or from a place of business where the holder is employed is the first of four exceptions to the midnight-to-4:00 a.m. curfew. The other three are travel to or from an adult-supervised activity sponsored by a school or by a civic, religious or public organization; driving accompanied by a parent, a person acting in loco parentis, or a spouse 18 or older who is actually in the seat beside the driver and lawfully permitted to drive; and cases of emergency, including volunteer firefighters and volunteer emergency medical services personnel responding to calls. A learner's permit is different: the statute bars permit holders from driving between midnight and four o'clock a.m. without listing exceptions.

Does a Virginia learner's permit expire?

The statute ties an ordinary learner's permit to a condition rather than a date: it stays valid until the holder is issued a driver's license under the chapter, or until the holder no longer meets the qualifications for issuance. A motorcycle learner's permit works differently and is valid for 12 months, after which the permittee may apply, pay the application fee, pass the examinations and be issued another 12-month motorcycle permit. Note that the DMV's own permit page separately describes validity periods for permits that are or are not REAL ID compliant, so ask at a customer service center if your situation involves a limited period of authorized stay.

Do brothers and sisters count against a Virginia teen's passenger limit?

No. The passenger limits on a provisional license do not apply to members of the driver's family or household, and the statute spells out who that covers: the driver's spouse, children, stepchildren, brothers, sisters, half-brothers, half-sisters, first cousins and any individual who has a child in common with the driver — whether or not they live in the same home — plus brothers-in-law and sisters-in-law who do reside in the same home, and any individual who cohabits with the driver along with that individual's children residing in the same home. The learner's permit passenger limit carries the same family and household carve-out.

Can a parent in Virginia have a teenager's license canceled?

Yes. A custodial parent or guardian of an unmarried or unemancipated minor may file a written request with the Department after the license has been issued, and the Department shall cancel it. Once canceled, it will not be reissued until six months have elapsed from the cancellation date or the minor turns 18, whichever comes first. If the parents hold joint legal custody, both legal custodians must sign the request; if one is not reasonably available or the two do not agree, either may petition the juvenile and domestic relations district court to make the determination.

Does every Virginia teenager have to attend a court ceremony?

Not everywhere. The default in the Code of Virginia is that the Department forwards original licenses issued to under-18s to the juvenile and domestic relations court judge, who issues them at a formal ceremony. But the chief juvenile and domestic relations district court judge may waive the ceremonial requirement for every court in the district, or order it conducted in an alternative manner, and where it is waived the Department mails licenses directly. A judge may also, for good cause shown, mail the license to a licensee studying at an institution outside Virginia. The DMV publishes a list of the courts and jurisdictions that hold ceremonies, and the court mails a notice to anyone required to attend.

How long does the parent/teen component of Virginia driver education take?

Ninety minutes, added to the classroom portion of the curriculum for students under 18. It covers topics such as juvenile driving restrictions and the dangers of driving while intoxicated. Families living in Planning District 8 — the counties of Arlington, Fairfax, Loudoun and Prince William and the cities of Alexandria, Fairfax, Falls Church, Manassas and Manassas Park — must complete it in person, teen and parent or guardian together. Three groups are exempt: anyone at least 18 years old, emancipated minors, and unaccompanied minors who are not in the physical custody of a parent or guardian.

Official sources

Checked against official state sources on August 19, 2026.

Virginia Department of Motor Vehicles — the official Virginia licensing site