Texas Provisional License Restrictions 2026
Texas's Graduated Driver License (GDL) program for under-18 drivers has two phases. Phase One applies to the Learner License. Phase Two applies to the Provisional License. This guide focuses on Phase Two — the restrictions that apply to a 16- or 17-year-old driver after the driving exam, until they turn 18 and the restrictions automatically lift. Every rule below is taken directly from DL-7 Chapter 1.
What a Provisional License Is (DL-7 Chapter 1)
DL-7 Chapter 1 says: "A provisional license is a driver license issued to persons 16 to 18 years of age that has the Phase Two GDL driving restrictions applied. The license will be marked 'PROVISIONAL' and expire on the license holder's 18th birthday."
Per DL-7, a person applying for a provisional license must:
- Be at least 16 but not more than 18 years of age
- Complete and pass a driver education course (which includes both the classroom and behind-the-wheel phases), vision, and driving exams
Phase One (the Learner License) must be held for at least 6 months before issuance of the Provisional License (DL-7 Chapter 1).
Phase Two Restriction 1 — One Non-Family Passenger Under 21
DL-7 Chapter 1 specifies (verbatim): "During Phase Two these individuals may not drive a motor vehicle: With more than one passenger in the vehicle under the age of 21 who is not a family member."
So a Provisional License holder may have:
- Any number of family-member passengers under 21
- Any number of passengers age 21 or older
- At most one non-family passenger under 21
"Family member" in DL-7 includes immediate family — siblings, parents, etc. The rule is one of the most-tested teen-driver items on the DPS knowledge exam.
Phase Two Restriction 2 — Midnight to 5:00 a.m. Curfew
DL-7 Chapter 1 specifies (verbatim): "During Phase Two these individuals may not drive a motor vehicle: Between midnight and 5:00 a.m. unless the operation of the vehicle is necessary for the driver to work, to attend or participate in a school-related activity, or due to a medical emergency."
The exceptions are limited to those three. Driving home after social plans, picking up a friend, or any non-work/non-school/non-emergency reason is not exempt. Texas judges have discretion in applying penalties on isolated violations, but the rule is firm.
Phase Two Restriction 3 — Total Wireless Device Ban
DL-7 Chapter 1 directly above the Provisional License section says: "All drivers who are under 18 years of age are restricted from using a wireless communication device, including a hands-free device, except in case of an emergency."
This applies to:
- Cell phones (hand-held or hands-free)
- Smartwatches used as phone interfaces
- Bluetooth headsets
- Any wireless communication device
The only carve-out is an emergency call (e.g., 911 or to a parent during a true emergency).
Phase Two Wireless Ban — Practical Application
Combined with the curfew and passenger rules, the wireless ban means a 16- or 17-year-old driver:
- Cannot text, even at red lights
- Cannot use a Bluetooth headset for a casual call
- Cannot use a navigation app while driving (set the destination before driving)
- Cannot interact with a smartwatch while driving
The handbook's emphasis is that distracted driving is a leading cause of teen crashes — see DL-7 Chapter 9.
When Phase 2 Restrictions End
The provisional license expires on the holder's 18th birthday (DL-7 Chapter 1). At that point the GDL restrictions automatically lift. The driver continues using the same physical license until renewal — the marking "PROVISIONAL" simply becomes inapplicable on the 18th birthday.
If a driver is suspended or has open violations at the time of the 18th birthday, the suspension period continues — DL-7 specifies that a suspension applies regardless of license-class change.
Other Under-18 Driver Rules from DL-7 Chapter 1
Beyond the three Phase 2 rules above, DL-7 Chapter 1 lists additional under-18 provisions. Some highlights:
- The Learner License (Phase 1) requires being accompanied by a licensed driver who is at least 21 years of age, has at least 1 year of driving experience, sits next to the driver, and is not intoxicated, asleep, or distracted.
- The Learner License must be held for 6 months before applying for the Provisional License.
- Driver education completion (classroom + behind-the-wheel phases) is required for the Provisional License.
- Impact Texas Drivers (ITD) course completion is required before the driving exam.
Penalties for Violating Phase 2 Restrictions
Violations of GDL restrictions are moving violations under Texas Transportation Code. Specific fine schedules and license-action rules vary by court — DL-7 doesn't list an exhaustive penalty schedule for each Phase 2 violation. Confirm at dps.texas.gov before relying on a specific number.
What's more concrete in DL-7: any moving violation while under 18 can trigger a license suspension under the Phase 2 GDL rules, and the suspension period is set by court order in addition to any standard penalty.
Hardship License for Minors
DL-7 Chapter 1 references hardship licenses for minors who must drive due to specific circumstances (typically work or family hardship). The application requires DPS approval and an authorized adult signature on a DL-77 form. Confirm hardship-license eligibility at dps.texas.gov — DL-7 mentions the form but the detailed eligibility rules are administered through the DPS application process.
Test Examples
Common DPS knowledge-test framings drawn from DL-7 Chapter 1:
- "You hold a Provisional License. May you drive at 11:30 p.m. to your job that ends at midnight?" — Yes. Work is one of the three exceptions to the midnight–5 a.m. curfew.
- "You hold a Provisional License. May you drive to a party with two friends, both 17, who are not family members?" — No. Only one non-family passenger under 21 is allowed.
- "You hold a Provisional License. May you take a hands-free phone call from your boss while driving home from work?" — No. The under-18 wireless ban applies even to hands-free devices, except for emergencies.