Who Can Drive With You With a Permit?
Getting a learner’s permit is an exciting step toward independence, but it comes with a lot of responsibilities. One of the most important things to know is who can drive with you with a permit while you’re behind the wheel.
Florida has specific rules in place about supervision, and they’re there for a reason–to keep everyone on the road safe. When these rules aren’t followed, it can lead to serious consequences, especially if an accident happens. In this case, seeking legal advice from a car accident attorney can help you understand your rights and options.
Florida’s Graduated Driver Licensing (GDL) Laws
Florida follows a Graduated Driver Licensing (GDL) system that helps teen drivers gain experience safely by introducing them to driving in a controlled environment. Teens in Florida can apply for a learner’s permit starting at age 15, per Florida Statute 322.1615. To qualify, they must:
- Pass a written examination
- Successfully complete vision and hearing tests
- Complete the Traffic Law and Substance Abuse Education (TLSAE) course
These guidelines apply to new drivers aged 15 to 17. Adult drivers over the age of 18 who are applying for a permit or driver’s license are not subject to the same restrictions. However, they are still required to take and pass all exams and courses as outlined above.
Learner’s Permit Rules and Restrictions
For those getting their learner’s permits, there are specific rules and restrictions to help keep the young driver, their passengers, and other drivers on the road safe. These include:
- Applicants must be at least 15 years old to qualify
- For the first three months, driving is only allowed during the day.
- After those three months, driving is permitted until 10 PM
- Permit holders must always be supervised while driving.
- Drivers are required to log 50 hours of supervised driving practice.
- 10 hours of supervised driving must be completed at night.
Additionally, a learner’s permit must be held for a minimum of 12 months or until the driver’s 18th birthday, whichever comes first. This gives newer drivers the chance to gain the skills they need to handle real-world driving situations safely.
Restricted Driver’s License Rules and Restrictions
After holding a learner’s permit for the required period, teen drivers can go on to get a restricted driver’s license, which is also known as an intermediate license. This license gives new drivers more independence, but there are still limitations in place to reduce risks for inexperienced drivers. The follow rules apply:
- At age 16, driving is allowed between 6 AM and 11 PM.
- At age 17, driving hours are extended to 5AM to 1 AM.
- Outside of these hours, driving is only allowed if the driver is traveling to or from work or is driving under supervision.
Full Driver’s License Rules and Restrictions
A full driver’s license in Florida is available to drivers aged 18 and older. Unlike learner’s permits and restricted licenses, a full license has far fewer restrictions. However, important guidelines to keep in mind include:
- Per Florida Statute 322.2616, there are no nighttime driving or supervision restrictions.
- Due to Florida’s Zero Tolerance policy, drivers under 21 with a blood alcohol level of .02 percent or higher will face immediate six-month suspension of their license.
- A second offense will get young drivers a one year license suspension.
- Refusing to submit to a breath or blood test results in a 12-month suspension for the first offense and an 18-month suspension for subsequent offenses.
Who Qualifies as a Supervised Driver in Florida?
Supervising a teen or inexperienced driver is a big responsibility, which is why it’s important that an experienced and attentive adult rides along. According to Florida Statute 322.1615, a supervising driver must:
- Have a valid driver’s license for the type of vehicle being driven
- Be at least 21 years old
- Sit in the passenger seat closest to the driver
A good supervisor will be able to provide real-time guidance in an effort to help the teen handle situations they may not have encountered before. Merging onto highways, switching lanes, and avoiding roadway hazards can be unfamiliar and challenging for newer drivers. By accompanying a teen driver in the front seat, an experienced supervisor can teach the driver how to handle these situations independently in the future.
Why is Supervised Driving Required for Teen Drivers?
Teen drivers are statistically more likely to be involved in motor vehicle accidents. The Insurance Institute for Highway Safety reports that 16- and 17-year-old drivers have a fatal crash rate nearly three times higher than drivers aged 20 and older. This higher risk is largely due to a lack of exposure to real-life driving scenarios and the ability to make quick and smart decisions on the road.
Supervised driving gives teens a safer way to develop skills they can’t fully learn in a classroom or through simulations. Driving often requires split-second decisions, and a calm, experienced passenger in the car can help teens feel more comfortable in high-pressure situations. A licensed driver who is supervising can also provide immediate feedback that helps teens correct mistakes and build better habits like maintaining safe following distances or anticipating other drivers’ actions.
Penalties for Driving Without Supervision
Driving without supervision as required by Florida’s GDL laws is a serious offense and is considered a moving violation. A moving violation can result in fines, license suspension, mandatory traffic school, or an extension of the restricted license period.
Minors who violate supervision or restricted driving rules can accumulate points on their license. For example:
- Driving without supervision or during restricted hours can result in 3 points on a license.
- A moving violation that leads to a crash can add 4 points to a license.
If a minor accumulates six or more points within a 12-month period, their license will be restricted to “business purposes only” per Florida Statute 322.161. A business purpose only restriction means they can only drive for work, school, or medical needs. This restriction lasts for a minimum of one year, and any additional points accrued will extend the restriction period by 90 days per point. For minors who avoid additional violations, the restriction is lifted after one year or when they turn 18, whichever comes first.
Who is Liable in an Accident Involving a Permit Holder?
When a minor with a learner’s permit causes or is involved in a car accident, the law holds both the teen and the adult who signed their permit application accountable. Florida Statute 322.09 states that a parent, guardian, or another responsible adult assumes joint and several liability for any damages caused by the minor’s negligence or misconduct. For instance, if the teen causes a collision, the injured party can seek compensation from both the permit holder and their guardian.
Parents or guardians who signed a minor’s driver license application also have the option to request its cancellation. According to Florida Statute 322.10, they can file a verified written request with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) to cancel the license.
Involved in an Accident with a Permit Holder? We Can Help.
Florida’s Graduated Driver Licensing laws regarding learner’s permits are in place to protect young drivers and everyone else on the road. Knowing who can drive with you with a permit, along with understanding the restrictions and responsibilities, is instrumental for staying safe and avoiding legal issues.
If you’ve been involved in an accident with a permit holder or have questions about how these laws apply to your situation, our car accident lawyers are here to help. Contact Fine, Farkash & Parlapiano, P.A. today for a free consultation to discuss your options.
Sources:
322.1615 Learner’s driver license. | The Florida Legislature
Teenagers | Insurance Institute for Highway Safety (IIHS)
State of Florida Appendix “C” | Florida Highway Safety and Motor Vehicles
322.161 High-risk drivers; restricted licenses. | The Florida Legislature
322.10 Release from liability. | The Florida Legislature
Mr. Fine was born in New York, New York, and was raised in the northeast, where he studied sociology at Colby College in Waterville, Maine. He then graduated with honors from the University of Florida Levin College of Law in 1976. In law school, he was a member of Phi Kappa Phi Honor Society, was inducted into the Order of the Coif, and graduated in the top 10 percent of his class. Mr. Fine was admitted into the Florida Bar in 1976, the United States District Court for the Middle District of Florida in 1977, the United States District Court for the Northern District of Florida in 1991, and the United States Court of Appeals 11th Circuit in 1982.