Learner license — no qualifying accompanying driver
Florida Statute § 322.1615(2), (4)
Summary verified against the 2026 Florida Statutes: October 7, 2026.
Quick Summary
A learner-license holder operating a motor vehicle must be accompanied at all times by a driver who holds a valid license for that vehicle type AND is at least 21 AND occupies the closest seat to the right of the driver. Document operation, learner status, companion age/license, and seating position. A licensed adult riding elsewhere does not satisfy the stated seating requirement. A violation is a civil moving infraction under subsection (4), distinct from having no valid driver license. Learner driving-hour restrictions under subsection (3) remain separately applicable.
Summary sources
Classification, Points & Penalties
Classification, Points & Penalties
- Category
- Driver License
- Type
- Moving
- Civil / Criminal
- Civil
- Offense Classification
- Moving infraction
- Points
- 3; 6 if resulting in a crash; disposition may affect assessment
- Fine / Penalty
- $60 base moving penalty under §318.18(3)(a); costs and qualifying crash penalties may apply
Base fines are not the total payable amount. Costs, enforcement method, crash consequences, prior history, and court disposition can change penalties or points. A reported zero does not rule out license suspension or revocation.
Court & Enforcement
Court & Enforcement
- Mandatory Court
- No, generally; qualifying death/SBI crash requires hearing under §318.19
- NTA Eligible
- N/A — civil citation
- Custodial Arrest
- No — civil infraction (absent separate lawful basis)
NTA means notice to appear. Eligibility is conditional; these fields do not independently authorize arrest. Confirm the exact statutory track, lawful arrest authority, traffic procedure, and agency policy.
Arrest authority guideCivil infractions resulting in death or serious bodily injury require a hearing under §318.19.