South Dakota Permit Traffic Stop: What If Your Supervisor Cannot Continue?

During South Dakota permit practice, the permit holder—not the supervising adult—is the driver.

If the supervisor has a suspended or invalid license, is arrested on an unrelated matter, or is otherwise unable to continue supervising, the permit holder cannot continue driving without another qualified supervisor. Download the GDL Pamphletand the Supervised Driving Logbefore your first practice drive.

What Happens When a South Dakota Permit Holder Is Stopped by Police?

During permit practice, the permit holder is the driver and the supervising adult is the passenger. A traffic citation for the driving conduct belongs to the permit holder, while the officer may separately check whether the supervisor remains qualified.

• Permit holder is stopped for speeding or another traffic violation:The permit holder is the driver, so the citation or warning for that driving conduct applies to the permit holder, not the supervising passenger.
• Supervisor has a suspended or invalid license, or an unrelated warrant:If the supervisor cannot continue as the qualified accompanying driver, the permit holder cannot drive away without another qualified supervisor.
• Supervisor is impaired or otherwise unable to supervise:Do not continue driving until another qualified supervising driver is present.

Permit Holder and Supervisor Responsibilities During a South Dakota Stop

The permit holder is responsible for driving and must carry the physical permit. The accompanying adult must remain legally qualified to supervise.

• Permit holder:Present the permit, follow officer instructions, and do not continue driving if the supervisor is no longer qualified.
• Supervisor:Remain in the required passenger position and maintain a valid license and status. For the full age, experience, and seating rules, see the South Dakota permit driving rules.
• What the officer may check:The permit, supervisor license/status, and the vehicle's registration and insurance.

Can the Permit Holder Get a Ticket If the Supervising Driver's License Is Suspended or Invalid?

Potentially, yes. The permit holder is responsible for meeting the instruction-permit condition that the accompanying supervisor hold a valid license and otherwise qualify. If the supervisor is not legally qualified, the permit holder should not continue driving.

What Happens If Your Supervisor Is Arrested During a South Dakota Traffic Stop?

If the only qualified supervisor is arrested or otherwise cannot continue, the permit holder cannot continue driving until another qualified supervisor is present.

• Call a parent or another qualified licensed adult to come to the stop location.
• If another qualified supervisor cannot take over, the vehicle may need to be collected by a licensed driver or towed.
• An unrelated arrest of the supervisor does not make the permit holder the arrested driver; continuing to drive without the required supervision is a separate issue.

Can Another Qualified Adult Take Over as Supervisor After a Traffic Stop?

Yes, if the replacement meets the supervision rules for your permit. For a permit holder under 18, driving between 10:00 p.m. and 6:00 a.m. still requires a parent or guardian seated beside the driver. Follow the officer's instructions before continuing. For the full age, license, experience, and seating requirements, see the South Dakota supervisor rules.