Police will verify your age, the supervisor's license, and your practice log. They check if the supervisor is sober, licensed, and alert.
Who can be cited depends on who was driving and what violation actually occurred. A passenger-supervisor is not automatically guilty of a driving offense simply because the learner is behind the wheel.
| Situation | Who may be liable? |
|---|---|
| Learner commits a Title XXI driving violation during supervised practice | RSA 263:25 makes the accompanying adult responsible for violations committed by the unlicensed learner during the supervised practice. |
| Supervisor's own license is suspended | The person does not qualify as the licensed supervisor required by RSA 263:25. Merely sitting in the passenger seat is not, by itself, "driving while suspended" under RSA 263:64. |
| Supervisor is impaired while riding as passenger | The learner should stop driving and obtain a lawful supervisor. Being an impaired passenger does not, by itself, satisfy the DWI rule requiring the person to drive or attempt to drive. |
The learner is the person operating the vehicle, but RSA 263:25 also makes the accompanying adult liable for violations of Title XXI or its rules committed by the unlicensed learner during supervised practice. The exact citation handling depends on the stop and offense.
A learner violation does not automatically place identical demerit points on both records. RSA 263:25 creates liability for the accompanying adult, while demerit points are assessed under the rules for the conviction that is actually entered. Check the resulting records rather than assuming they will match.
The adult no longer satisfies the requirement to be a currently licensed supervisor. The learner should not continue the practice drive under that person's supervision. Merely sitting in the passenger seat is not itself the offense of driving while suspended.
The learner should stop driving and arrange another lawful, sober supervisor. The passenger is not automatically guilty of DWI simply for being impaired while someone else drives, but they are not an appropriate supervisor for the practice session.
Not under the supervised-learning exception unless another qualifying supervisor is present. Arrange another lawful driver rather than continuing the trip with the learner driving alone.
The key question is whether the learner still has the qualified supervisor required by RSA 263:25 and what violation occurred. If the supervisor is not currently licensed or otherwise stops qualifying, the learner should not continue driving.
Keep general supervisor qualifications on the Supervisor Requirements page. Broad point and suspension rules belong on the Traffic Violations page.
If a supervisor becomes unable to qualify during a stop, arrange for another lawful driver rather than continuing the practice session. If the learner committed the moving violation, RSA 263:25 can make the accompanying adult responsible for that violation.
If the adult passenger is impaired, stop the practice drive and arrange a safe ride with a lawful supervisor. The impaired passenger is not automatically guilty of DWI unless that person drove or attempted to drive.
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