Maryland · Handbook chapter 8 · 5 min read
Chapter 8: Restrictions, violations and penalties
Maryland provisional license restrictions for drivers under 18 (seat belts, the 151-day passenger rule, midnight to 5 a.m., wireless devices), implied consent, fake IDs, suspension, revocation and cancellation, provisional license penalties and disability parking violations.
Why this chapter matters
Driving is a privilege, not a right, and the MVA can limit or take it away. New drivers face the strictest rules: one ticket on a provisional license brings a driver improvement program, and repeat tickets bring suspension.
Restrictions for provisional drivers under 18
| Restriction | Rule |
|---|---|
| Seat belts | You and every passenger must be belted or in a child safety seat |
| Passengers | For the first 151 days, no passengers under 18 unless they are immediate family or a qualified supervising driver is in the car |
| Night | No unsupervised driving from midnight to 5 a.m., except to, from or at a job, an organized volunteer program, an official school activity, or an athletic event or training you take part in |
| Wireless devices | No phone or other wireless device, even hands-free, except a 911 call (this also applies on a learner's permit) |
Immediate family means your spouse, children and stepchildren, brothers, sisters, stepbrothers and stepsisters, or any relative living at your address.
The MVA's provisional license page also allows night driving with a supervising driver at least 21 with three years of experience, and adds a no measurable alcohol rule for every provisional driver under 21.
Implied consent
By driving on a public road, or on private property used by the public, you agree in advance to an alcohol or drug test if an officer asks.
- An officer who believes you are impaired may have a drug recognition expert ask you to take a blood test.
- Your license will be suspended if your BAC is .08 or higher, or if you are impaired by drugs.
- If the officer certifies that you refused a test, the MVA will also suspend your license.
- Drivers caught drinking and driving may have to use an ignition interlock, a breath-testing device that keeps the car from starting if it detects alcohol.
Fake IDs and lying about age
Trying to get a false or forged ID card, permit or license can bring fines and prison under federal and state law. Lying about your age to buy or get alcohol can also cost you your license.
Administrative actions
The MVA can suspend, revoke, refuse or cancel a license for violations. It mails you a notice explaining what it plans to do, why, and how you can challenge it; in most cases you can ask for an administrative hearing. If action is taken, you must surrender your license, and the suspension or revocation period starts when the MVA receives it.
| Action | What it means |
|---|---|
| Suspension | You lose the privilege temporarily. The MVA may allow a restricted license, for example to drive only to work or school |
| Revocation | More serious. You may not drive until the MVA decides you are safe again, there is a minimum wait before you can ask, and the MVA may say no |
| Cancellation | The most serious. The privilege ends and is not reinstated: used when you should never have been licensed, gave false or missing information, or committed fraud |
A parent or guardian may also ask the MVA to cancel the license of a driver under 18.
Penalties on a provisional license
Any conviction or probation before judgment (PBJ) for a moving violation on a provisional license means a driver improvement program, a suspension or revocation, or both. These come on top of any court penalties, and after each one you must start a new 18-month violation-free period before you can get a full license.
Under 18
| Offense | Penalty |
|---|---|
| First | Driver improvement program |
| Second | 30-day suspension, then a 90-day restriction to work and school driving only |
| Third | 180-day suspension, a driver improvement program for young drivers, and a 180-day work and school only restriction |
| Fourth or more | Revocation; you must pass all licensing tests again |
18 and older
| Offense | Penalty |
|---|---|
| First | Driver improvement program |
| Second | 30-day suspension |
| Third or more | Up to 180 days of suspension, or revocation |
The MVA's provisional license page also says breaking the passenger or night restriction brings a suspension of one year, and a phone violation can bring a suspension of 90 days.
Disability parking
Large fines apply for misusing disability parking. You can be cited for:
- parking in a disability space without an MVA-issued disability plate or placard, or when the person who qualified for it is not in the car,
- parking in front of or blocking a curb cut, or on the striped access aisle beside a disability space, even with a plate or placard,
- using an expired placard,
- using a disability plate or placard without the person with the disability and proper ID,
- any fraud when applying for a plate or placard.
Frequently asked questions
When may a provisional driver under 18 drive after midnight?
Only between midnight and 5 a.m. when driving to, from or at work, an organized volunteer program, an official school activity or an athletic event or training, or (per the MVA's web page) with a qualified supervising driver.
How long does the passenger restriction last?
151 days from when you get your provisional license, for passengers under 18 who are not immediate family.
What happens if I refuse a breath or blood test?
The MVA will suspend your license once the officer certifies that you refused.
What is the difference between suspension, revocation and cancellation?
A suspension is temporary, a revocation lasts until the MVA decides you can drive safely again, and a cancellation ends your license permanently.
What happens after a second ticket on a provisional license?
Under 18, a 30-day suspension and then 90 days of driving only for work and school. At 18 or older, a 30-day suspension.
Based on the Maryland Driver's Manual (MVA), Section 9, and the MVA's provisional license page.