N.D. Admin. Code Title 37 — Department of Transportation

Article 37-01 General Administration

Chapter 37-01-01 Organization of Department of Transportation

N.D. Admin. Code 37-01-01-01 Organization and functions of department of transportation

1.Organization of the department.

a.History. The state highway department was created, in its organizational concept, by

chapter 159 of the 1927 Session Laws. Extensive changes in duties and responsibilities were made by the enactment of chapter 177 of the 1953 Session Laws and various amendments made thereafter. On January 1, 1990, the highway department became the department of transportation (chapter 72 of the 1989 Session Laws).

b.Department of transportation responsibilities. The general responsibilities of the department of transportation are predicated upon North Dakota Century Code titles 24 and 39, title 23 of the United States Code, and title 23 of the Code of Federal Regulations. Under North Dakota Century Code title 24, the department of transportation is responsible for the planning, construction, maintenance, and protection of the state highway system. Additional responsibilities are found under various chapters of North Dakota Century Code title 39 and relate to the supervision of the driver's licensing process in the state and regulation of the use of the state highway system by recreational vehicles, the regulation of outdoor advertising adjacent to state highways, and the prescribing of uniform standards for traffic signs.

2.Mission statement. The mission statement of the North Dakota department of transportation is:

Providing a transportation system that safely moves people and goods.

3.Inquiries. General inquiries regarding the department may be addressed to:

Communications Division North Dakota Department of Transportation 608 East Boulevard Avenue Bismarck, ND 58505-0700 General inquiries may also be electronically mailed to: dot@nd.gov

4.Internet address. For more information regarding the department, visit: www.dot.nd.gov

October 1,1987; March 1, 1993; April 1, 2007.

History

• History: Amended effective December 1, 1981; September 1, 1983; November 1, 1985;
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 28-32-02

Article 37-02 Slow-Moving Vehicle Identification Emblem

Chapter 37-02-01 Design and Specification

N.D. Admin. Code 37-02-01-01 Facing material

The identification emblem (see Figure 1) consists of a fluorescent yellow-orange triangle with a dark red reflective border. The yellow-orange fluorescent triangle is for daylight identification. The reflective border defines the shape of the fluorescent color in daylight and becomes a hollow red triangle in the path of motor vehicle headlights at night.

N.D. Admin. Code 37-02-01-02 Visibility

The emblem shall be entirely visible in daylight and at night from all distances between six hundred feet and one hundred feet [182.88 meters to 30.48 meters] from the rear when directly in front of lawful upper beam of headlamps.

N.D. Admin. Code 37-02-01-03 Color values

The spectrophotometric color values of the yellow-orange fluorescent material shall have a dominant wave length of five hundred ninety to six hundred ten millimicrons and a purity of ninety-eight percent before test. After the durability test under section 37-02-01-08, the dominant wave length of the fluorescent material shall not change more than ten percent.

N.D. Admin. Code 37-02-01-04 Minimum reflective values

The reflective material shall have minimum intensity values at each of the angles listed in this

section. After the durability test under section 37-02-01-08, the minimum reflective intensity values for the reflective material shall not change more than twenty percent from the values specified in this

section.

MINIMUM REFLECTIVE INTENSITY VALUES, R *

Divergence Incidence Reflective Angle, degrees Angle, degrees Intensity, R 0.2 0 10 0.2 15 7 0.2 30 5 0.5 0 5 0.5 15 4 0.5 30 2 * Measurements shall be conducted in accordance with photometric testing procedures for reflex-reflectors as specified in Society of Automotive Engineers Standard, SAE J594, Reflex Reflectors, and using fifty, plus or minus five square inches [322.6, square centimeters] of reflective material. The maximum dimension of the test surface shall not be greater than one and one-half times the minimum dimension. The reflective intensity (R) is computed from the equation.

(Lr) (d2)

R = (Ls) (A)

Where:

R = reflective intensity, candlepower per incident foot-candle per square foot.

Lr = illumination incident upon receiver at observation point foot-candles Ls = illumination incident upon a plane perpendicular to the incident ray at the test specimen position, foot-candles. d = distance from test specimen to source of illumination one hundred feet (specified in SAE J594).

A = area of test surface, square feet.

N.D. Admin. Code 37-02-01-05 Material strength

The reflective and fluorescent materials shall be tough, flexible, and of sufficient thickness and strength to meet the requirements of sections 37-02-01-02 through 37-02-01-10. After the durability test under section 37-02-01-08, the fluorescent and reflective material shall show no appreciable discoloration, cracking, crazing, blistering, loss of durable bond, or dimensional change.

N.D. Admin. Code 37-02-01-06 Backing material

Backing material for portable emblems shall be equivalent to four-hundredths of an inch [1.016 millimeters] minimum thickness aluminum, 22 gage [.03 inches or 0.762 millimeters] minimum thickness mill-galvanized or coated sheet steel with the surface clean and receptive to a durable bond.

The backing material shall be free of burrs. Any material equal to or superior to these requirements may be utilized.

N.D. Admin. Code 37-02-01-07 Testing standards

The emblem shall be tested in conformance with the following sections from SAE J575, Tests for Motor Vehicle Lighting Devices and Components:

Section B - Samples for Tests

Section D - Laboratory Facilities

Section E - Vibration Test

Section H - Corrosion Test (pertains to face of emblem only)

N.D. Admin. Code 37-02-01-08 Durability test

Samples shall be exposed to the sun at an angle of forty-five degrees to horizontal and facing south per American Society for Testing and Materials, ASTM D 1014, Method of Conducting Exterior Exposure Tests of Paints on Steel.

DURABILITY TEST PERIODS

Minimum Test Period, months:

Location Fluorescent Reflective Outside in Midwest or 12 24 outside in Miami, Florida 6 12

N.D. Admin. Code 37-02-01-09 Replacement of fluorescent material

The yellow-orange fluorescent material in the center of the emblem shall be replaced when not visible in normal sunlight for a distance of six hundred feet [182.88 meters]. The red fluorescent material shall be replaced when not visible at night for a distance of six hundred feet [182.88 meters] when directly in front of lawful upper beam of headlight.

N.D. Admin. Code 37-02-01-10 Strength test

Each test sample shall be dropped from a height of five feet [1.53 meters] to a smooth, hard surface equivalent to rigid metal or concrete. Each test sample shall be submitted to three drop tests: corner drop, edge drop, and flat drop. Failure shall be considered to have occurred when the emblem will no longer meet requirements in section 37-02-01-03.

Chapter 37-02-02 Mounting and Use

N.D. Admin. Code 37-02-02-01 Mounting

The emblem shall be mounted point up (see Figure 1) in a plane perpendicular to the direction of travel. It shall be placed centrally at the rear of the vehicle, unobscured, and two to six feet [1 to 1.83 meters] above the ground measured from the lower edge of the emblem. It may be permanently attached to equipment when practical. Portable emblems shall be mounted by using bracket sockets and identification emblem brackets specified in an American Society of Agricultural Engineers Standard, ASAE 5277, Mounting Brackets and Socket for Warning Lamp and Slow-Moving Vehicle (SMV) Identification Emblem.

History

• General Authority: NDCC 39-21-50
• Law Implemented: NDCC 39-21-50

N.D. Admin. Code 37-02-02-02 Use of emblem

The emblem shall not replace such warning devices as tail lamps, reflectors, flashing lights, or warning flags and is not to be used as a clearance marker for wide equipment.

History

• General Authority: NDCC 39-21-50
• Law Implemented: NDCC 39-21-50

Article 37-03 Driver's Licensing and Financial Responsibility

Chapter 37-03-01 General Requirements of Licensing

N.D. Admin. Code 37-03-01-01 Definitions

The terms herein shall have the meaning as provided in North Dakota Century Code chapters 39-01 and 39-16, with the latter chapter controlling in cases of conflict, except:

1."Appropriate licensed addiction treatment program" means any hospital or facility for the treatment of alcoholism or drug-dependent persons or a mental health or retardation service as approved by the director.

2."Approved course" means any defensive driving course approved by the national safety council and any driving while intoxicated counterattack program approved by the director.

3."Director" means the commissioner's duly appointed and acting director of the driver's license division of the department of transportation, or the director's duly authorized agent, or licensing authority as that term is used in North Dakota Century Code chapter 39-06, 39-06.1, or 39-06.2.

4."Good cause to believe" or "sufficient evidence" means any information received by the director in writing from:

a.Federal, state, or local authorities;

b.Licensed physicians;

c.Any official as to admissions or adjudication of a traffic offense;

d.Any court as to a conviction of a traffic offense;

e.Any state or private hospital;

f.Any facility for the treatment of alcoholics and drug-dependent persons approved by the state department of health;

g.Any facility licensed as an addiction hospital by the state department of health;

h.Any mental health and retardation service unit;

i.Any federal or state court which indicates that a person may be physically or mentally unable to safely operate a motor vehicle on the highways of the state of North Dakota;

j.Any person who has relevant information in regard to the ability of an applicant for a license, a licensee, or permittee to safely operate a motor vehicle; or

k.Any person on an application for an operator's license, instructional permit, or renewal thereof.

5."Licensee" means any person who holds a valid operator's license, under the laws of this state.

6."Policy of insurance" means a motor vehicle liability policy in the amount of twenty-five thousand dollars for bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.

7."Security" means a cash bond not to exceed twenty-five thousand dollars.

8."Security requirements" means evidence of proof of compliance by the driver of filing security, obtaining a policy of insurance or a bond as required by North Dakota Century Code chapter 39-16 or 39-16.1.

9."Underlying suspension" when used in a statute relating to driver's license sanctions means the basic or essential fact or occurrence upon which a suspension has been or may be ordered. Whenever a suspension has two or more concurrent causes, one of which is for an alcohol-related offense or occurrence, the alcohol-related suspension is the underlying suspension.

History

• History: Effective January 1, 1979; amended effective July 1, 1983; May 1, 1994; January 1, 2006.
• Law Implemented: NDCC 39-06, 39-06.1, 39-16-02, 39-16-05

N.D. Admin. Code 37-03-01-02 Disclosure of mental or medical information

The director shall include, as a part of the application for an original operator's license or any renewal thereof or an instruction permit, questions as to the existence of medical or mental conditions which may impair the ability of the person to operate a motor vehicle safely. If the answers to such questions indicate the existence of any medical or mental disability which the director believes may inhibit or prohibit the safe operation of a motor vehicle by such person, the director may require an examination of such person by a licensed physician as a prerequisite to the issuance of an operator's license or instructional permit. Such examination or examinations shall be completed on a form furnished by the director. The expense of such examination shall be borne by the person whose fitness to operate a motor vehicle safely is in question.

History

• History: Effective January 1, 1979; amended effective May 1, 1994.
• Law Implemented: NDCC 39-06-03, 39-06-07, 39-06-17

N.D. Admin. Code 37-03-01-03 Proof of birth

Repealed effective January 1, 2006.

N.D. Admin. Code 37-03-01-04 Licensee to report physical impairment

Any licensee who suffers permanent loss of use of a hand, arm, foot, leg, or eye shall make a report thereof to the director before operating any motor vehicle on the highways in this state. Except as provided in North Dakota Century Code section 39-08-21, the driver of a commercial class A, B, or C motor vehicle shall comply with the federal motor carrier regulations, pursuant to 49 CFR

section 391.41 paragraphs (a), and (b)(1) and (b)(2). The director may require an examination pursuant to the provisions of section 37-03-01-05.

History

• History: Effective January 1, 1979; amended effective May 1, 1994.
• Law Implemented: NDCC 39-06-14(4)

N.D. Admin. Code 37-03-01-05 Operators not to be licensed - Exceptions and requirements

1.The privilege of holding a motor vehicle operator's license shall be denied to any person who has experienced convulsions, seizures, blackouts or fainting spells. The denial shall occur at the time of application, pursuant to North Dakota Century Code section 39-06-03, or through license suspension, pursuant to North Dakota Century Code sections 39-06-24, 39-06-32, and 39-06-34.

2.A person who has experienced the episodes described in subsection 1 may be issued a restricted operator's license or permit pursuant to North Dakota Century Code sections 39-06-06 and 39-06-17, if:

a.The person has been free of the episodes for at least three consecutive months and submits a statement to that effect to the director; and

b.The person submits to the director a written certification from the person's treating physician indicating that:

(1)The condition causing the episodes is adequately controlled;

(2)The person has been free of episodes for at least three months; and (3)Operation of a motor vehicle by the person will not be inimical to public safety or welfare.

Every permit or license issued under this subsection may be periodically reviewed by the director until the person has been free of episodes for at least six months.

3.A person who has been free of the episodes described in subsection 1 for at least six consecutive months will be granted an operator's license if:

a.The person submits a statement to the director indicating that the person has been free of episodes for at least six consecutive months; and

b.The person submits to the director a written certification from the person's treating physician indicating that, based upon an examination of the person, the items required in paragraphs 1 and 3 of subdivision b of subsection 2 have been met by the person, the person has been free of episodes for at least six consecutive months, and that the physician is of the opinion that the person is able and willing to cooperate in the treatment of the conditions causing the episodes.

4.Any person issued an operator's license or permit pursuant to subsection 2 or 3 shall submit to the director a periodic reevaluation form available from the director. The reevaluation form shall be submitted to the director every twelve months, or more often if required by the director, after issuance of a license or permit under subsection 2 or 3. The form shall contain the information prescribed by the director, and the person shall be required to furnish all information requested. The form shall include provision for the opinion of the person's treating physician that the person's condition continues to be controlled and that the operation of a motor vehicle by the person will not be inimical to public safety or welfare.

5.A person having had the episodes described in subsection 1 will not be required to submit further periodic reevaluation forms if the person:

a.Submits to the director a statement that the person has not taken any medication to control episodes for three consecutive years, and has had no episodes for three consecutive years; and

b.Submits to the director a written certification from the person's treating physician or physicians that, for three consecutive years, the person has not had any episodes. The total of the treatment periods, if more than one physician has treated the person, must equal three consecutive years without episodes.

6.A single episode of the type described in subsection 1 shall be treated as only an isolated occurrence if the opinion of the treating physician establishes that it was an isolated incident and not likely to recur. The director shall consider the opinion of the treating physician in determining whether, upon all the evidence, it is safe to permit or license the person for the operation of a motor vehicle without the three-month waiting period.

7.The director shall use the reports required to be filed under this section to make determinations on licensure. Episodes medically induced shall not be considered in determining whether to license a person under this section. When the records of the director show lack of compliance with the requirements of this section by any person, the director may suspend forthwith the license of that person pursuant to North Dakota Century Code sections 39-06-32 and 39-06-34.

8.Except as provided in North Dakota Century Code section 39-08-21, the driver of a commercial class A, B, or C motor vehicle shall comply with the federal motor carrier regulations in 49 CFR sections 391.41(a) and 391.41(b) paragraphs (3) through (9) and (11) through (13).

History

• History: Effective January 1, 1979; amended effective July 1, 1981; May 1, 1994; July 1, 2015.
• Law Implemented: NDCC 39-06-03, 39-06-34

Chapter 37-03-02 Inimical Operators

N.D. Admin. Code 37-03-02-01 Habitual drunkard - Determination

N.D. Admin. Code 37-03-02-02 Habitual user of narcotic drugs - Determination

N.D. Admin. Code 37-03-02-03 Habitual user of drugs other than narcotic drugs - Determination

N.D. Admin. Code 37-03-02-04 Inimical operator - Determination and return of privileges

The director shall have good cause to believe that a person is inimical to public safety or welfare if that person has demonstrated a course of conduct in the operation of a motor vehicle through a conviction or convictions of traffic offenses or admissions and adjudications, evincing such hazard; or has a physical or mental disability which may inhibit or prohibit the safe operation of a motor vehicle. In determining whether a person is inimical to the public safety or welfare in the operation of a motor vehicle, the director will consider at a minimum the type of conviction, convictions, admissions, or adjudications; the number of convictions, admissions, or adjudications; the total number of points assessed against the driving record of the operator during the preceding three years; whether the events giving rise to the charge that lead to the conviction, admission, or adjudication resulted in death or serious personal injury, requiring professional medical care, or serious property damage. The period of suspension shall be until the person can show, to the director's satisfaction, that the person's driving behavior has improved. The director may allow temporary driving privileges for school or work purposes or reinstatement of driving privileges upon a showing of all of the following:

1.That the person has not been convicted of a traffic offense for a period of at least the length of suspension.

2.Letters of recommendation submitted from the person's employer, citizens in the community, and law enforcement advising of the person's conduct and driving behavior for the past two years.

3.Successful completion of a defensive driving course approved by the director.

4.That the person has liability insurance required by North Dakota Century Code section 39-08-20.

5.Payment of the reinstatement fee required by North Dakota Century Code section 39-06-35.

History

• History: Effective January 1, 1979; amended effective May 1, 1994.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 39-06-03, 39-06-32

Chapter 37-03-03 Suspension, Revocation, and Restoration of Driver's Licenses

N.D. Admin. Code 37-03-03-01 Suspension of license on incompetence - Grounds

The director may suspend a license or permit on the basis that a person is incompetent to drive a motor vehicle, if the director has determined any of the following:

1.A person is a habitual drunkard (section 37-03-02-01).

2.A person is a habitual user of narcotic drugs (section 37-03-02-02).

3.A person is a habitual user of drugs other than narcotic drugs (section 37-03-02-03).

4.A person is inimical to the public safety or welfare (section 37-03-02-04).

History

• Law Implemented: NDCC 39-06-03, 39-06-32

N.D. Admin. Code 37-03-03-02 Examination of licensee - Grounds - Revocation, suspension, or restriction of driving privileges

If the director has good cause to believe that a licensee is physically or mentally incompetent to safely operate a motor vehicle, or otherwise not qualified to be licensed, the director may upon written notice of at least five days require such licensee to submit to such physical, mental, or driver's examination which the director may deem necessary to determine such licensee's fitness to safely operate a motor vehicle upon the highways of this state. The director may require physical or mental examinations by licensed medical doctors or psychiatrists and a report thereof to be submitted to the director. Expenses of such examinations shall be borne by the licensee whose fitness to safely operate a motor vehicle is in question. If the director determines from the results of such examinations that such licensee is unfit to safely operate a motor vehicle, the director may suspend or revoke a licensee's privileges to operate a motor vehicle in this state, or may issue a license subject to such restrictions as are authorized to be imposed by North Dakota Century Code section 39-06-17. Refusal or neglect of the licensee to submit to such examination shall be grounds for license suspension or revocation.

History

• Law Implemented: NDCC 39-06-32

N.D. Admin. Code 37-03-03-03 Surrender and return of license or permit

N.D. Admin. Code 37-03-03-04 Restoration of revoked driving privileges

Any person whose driving privileges were revoked shall be treated as a new driver. Such persons shall be required to contact an office of the designated agency or body administering driver's license tests and pass all examinations before a license will be issued.

History

• Law Implemented: NDCC 39-06-36

N.D. Admin. Code 37-03-03-05 Suspension of license for point violation - Notice - Hearing

When the director has good cause to believe that a licensee has been convicted of a traffic offense or there has been an official determination that a traffic violation has been committed, the director shall enter the proper number of points on the driving record of the licensee based on the schedule contained in subsection 3 of North Dakota Century Code section 39-06.1-10. When the driving record of the licensee indicates a point total of twelve or more, or when the licensee is convicted of a violation of North Dakota Century Code section 39-08-01, the director shall send to said licensee a notice of intention to suspend license and opportunity for hearing.

1.If the notice results from a point total of twelve or more, the notice shall specify the number of points assessed against the driving record of the licensee, the number of days of suspension based on seven days for each point over eleven and advise the licensee that the licensee has ten days from the date of said notice to make a written request for a hearing on the matter.

2.If the notice results from a violation of North Dakota Century Code section 39-08-01, the notice shall specify the number of days of suspension based on subsection 7 of North Dakota Century Code section 39-06.1-10 and advise the licensee that the licensee has ten days from the date of said notice to make a written request for a hearing on the matter.

History

• History: Effective January 1, 1979; amended effective May 1, 1994.

N.D. Admin. Code 37-03-03-06 Notice of hearing - Matters considered at hearing

If the licensee makes a written request for a hearing as specified in section 37-03-03-05, the director shall send a notice of hearing to the licensee specifying the time, date, and place for such hearing. The notice shall further specify that the matters considered at the hearing will be confined to the following:

1.If the licensee requests a hearing based on a point total of twelve or more:

a.Whether the proper number of points have been assigned to the convictions, adjudications, or admissions of the licensee;

b.Whether the proper period of suspension has been computed based upon the number of points assigned against the driving record of the licensee;

c.Whether there was any failure to reduce the point total on the licensee's driving record; or

d.Any other material matter relating to the suspension of the license deemed appropriate by the licensee.

2.If the licensee requests a hearing based on a violation of North Dakota Century Code section 39-08-01:

a.Whether the information in the department records pertaining to the licensee is correct;

b.Whether the proposed period of suspension is in accord with subsection 7 of North Dakota Century Code section 39-06.1-10.

At the hearing, the director shall not consider the substantive merits of any conviction, adjudication, or admission entered against the driving record of the licensee.

History

• History: Effective January 1, 1979; amended effective May 1, 1994.

N.D. Admin. Code 37-03-03-07 Reduction of point total - How determined

N.D. Admin. Code 37-03-03-08 Blood tests - Reports by arresting officer

N.D. Admin. Code 37-03-03-09 Hearings prior to suspension or revocation for alcohol offenses

Hearings authorized under North Dakota Century Code section 39-20-05 shall be scheduled by the hearing officer assigned to the particular case, by sending notice to the licensee, or the licensee's counsel, if any. The date, time, and place of the hearing shall be established by the hearing officer as workload permits. The scheduled date, time, and place for hearing may be changed only with the permission of the hearing officer, bearing in mind the time constraints provided by North Dakota Century Code section 39-20-05 for holding the hearing. Rescheduling will be allowed only for the most compelling reasons and scheduling conflicts of the licensee or counsel will not be sufficient cause to reschedule a hearing at a time beyond that provided by law.

History

• History: Effective July 1, 1983; amended effective July 1, 1985.
• General Authority: NDCC 28-32-03

N.D. Admin. Code 37-03-03-10 Temporary operator's permit

If the decision of an administrative hearing officer at the conclusion of a hearing is that a person's operator's license or privilege be revoked or suspended for refusing a blood-alcohol test or testing at least eight one-hundredths of one percent by weight of alcohol, the hearing officer, if the conditions warrant, may issue a temporary operator's permit on a form provided therefor, extending operating privileges for not more than four hours from the time the decision is announced after the hearing, to allow the person to return to the person's home.

Both the temporary operator's permit provided by this section, and the one provided by North Dakota Century Code chapter 39-20, to be issued by an arresting officer, are valid only if accompanied by the licensee's copy of the uniform traffic complaint and summons (traffic citation), if any, issued by the arresting officer.

History

• History: Effective July 1, 1983; amended effective January 1, 2006.

N.D. Admin. Code 37-03-03-11 Notice of alcohol addiction treatment - Procedure

The notice required by North Dakota Century Code section 39-06.1-10 relating to alcohol addiction treatment will inform the person of the requirements for completing alcohol addiction treatment found in North Dakota Century Code section 39-06.1-10 and will require that the addiction counselor at the licensed addiction treatment facility provide prompt written notification to the director of the enrollment of the person in the treatment program, and of the person's completion of the program or the person's failure to complete the program.

It is the person's responsibility to ensure that the appropriate addiction counselor makes the prompt written notification of enrollment required by this section.

History

• History: Effective July 1, 1983.

N.D. Admin. Code 37-03-03-12 Notice of intention to revoke, suspend, or deny license - Law enforcement officer as agent

The temporary operator's permit issued by the law enforcement officer, containing a notice that motor vehicle operating privileges will be revoked or suspended and of an opportunity for a hearing, shall constitute the written notice required by North Dakota Century Code section 39-20-05 from the director.

History

• History: Effective July 1, 1983.

Chapter 37-03-04 Types of Operator's Licenses, Qualifications

N.D. Admin. Code 37-03-04-01 Restricted licenses - When issued

The director may issue a restricted license to a person depending upon the facts and circumstances of each individual case as follows:

1.When written certification is received from an insurance carrier indicating that a policy or policies of insurance limiting a person to operation of motor vehicles described in the policy or to designated times and locations and not insuring such person when operating other motor vehicles.

2.When the director has suspended a license for the accumulation of more than twelve points or has revoked a license for refusal to submit to a test or tests for intoxication, the director after a showing of good cause by the person may issue a temporary restricted license valid, after seven days of the suspension period have passed, for the remainder of the suspension period, authorizing the use of a motor vehicle only during the time and places specified.

3.When the director has good cause to believe that a person has physical disabilities that require special equipment on a motor vehicle to enable such person to safely operate the motor vehicle, the director may impose restrictions with respect to the type of motor vehicle the licensee may operate.

4.When the director has good cause to believe that the imposition of restrictions applicable to a person would be appropriate to assure the safe operation of a motor vehicle by that person.

1.When authorized by North Dakota Century Code section 39-06.1-11, a temporary restricted operator's license may be issued by the director according to the criteria in this section. In reviewing the person's record for the nature, frequency, and severity of violations and convictions entered thereon, the criteria considered will include:

a.Availability of other transportation.

b.Number of drivers in the household.

c.The nature of the driver's employment.

d.Total number of moving violations for the last three years.

e.Driving under suspension, revocation, or cancellation convictions.

f.Number of previous temporary restricted licenses issued.

A temporary restricted operator's license will be issued only to allow driving to, from, or during the person's employment, to and from an alcohol education or treatment program, to and from school when the need is shown or for normal life maintenance needs if extenuating circumstances are shown.

2.The applicant for a temporary restricted operator's license shall make application only on the form provided by the director. The application form shall be completed, providing all of the information requested. Any incomplete application forms will be returned to the applicant for completion. The application shall:

a.Explain the need for the temporary restricted operator's license.

b.Provide a written statement from the applicant's employer, if any, or school authority, verifying the need for the temporary restricted operator's license.

c.Identify the vehicles to be driven under the temporary restricted operator's license.

d.Include any other information deemed necessary by the director.

3.The temporary restricted operator's license will contain all limitations and restrictions deemed necessary by the director, including the days of the week, hours of the day, geographical area for driving, and the vehicles to be driven. The holder of the temporary restricted operator's license must notify the director of any changes in circumstances under which the temporary restricted operator's license was issued, and of any change in the vehicles desired to be driven.

4.If a temporary restricted operator's license has been denied, a reapplication may be made after thirty days have elapsed from the date of denial, if additional or changed information required for issuance becomes available.

5.No temporary restricted operator's license will be issued to an alcohol-impaired or drug-impaired driver who has contributed to the cause of death or serious bodily injury of another person.

6.No temporary restricted operator's license will be issued to anyone under the age of eighteen.

History

• History: Effective January 1, 1979.
• Law Implemented: NDCC 39-06-17, 39-06.1-11, 39-16.1-09 37-03-04-01.1. Temporary restricted operator's license - Criteria and procedure for issuance.
• History: Effective July 1, 1983; amended effective May 1, 1994; January 1, 2006.
• Law Implemented: NDCC 39-06.1-11

N.D. Admin. Code 37-03-04-02 Restricted license or permit for child fourteen years or older - Approved class or driver training school

When issuing a restricted driver's license or permit to a child who is at least fourteen years of age, in determining whether the child has completed a course of classroom instruction and course of behind-the-wheel instruction, or, in the alternative, has successfully completed a course at an approved commercial driver training school, the child must complete at least six hours of behind-the-wheel instruction, and thirty hours of classroom training by an instructor certified by the department of public instruction. For the purpose of this determination four hours of instruction with a driving simulator approved for use in driver training by the director shall be equivalent to one hour of behind-the-wheel instruction and two hours of instruction on a multiple car driving range approved by the director shall be equivalent to one hour of behind-the-wheel instruction.

History

• History: Effective January 1, 1979.
• Law Implemented: NDCC 39-06-17

N.D. Admin. Code 37-03-04-03 Classified licenses - Class 1 or 2 - Qualification in lieu of test

Repealed effective January 1, 2006.

N.D. Admin. Code 37-03-04-04 Class 4 license or endorsement for fourteen- or fifteen-year old applicant - Approved motorcycle training program

Repealed effective January 1, 2006.

N.D. Admin. Code 37-03-04-05 Content of motorcycle training program

The training program content must include the following basic objectives to be achieved by students in theory and practice riding sessions in motorcycle safety education. The objectives are identified in a potential instructional sequence and the groupings suggest possible instructional units as follows:

1.Recognizes safe vehicle conditions, such as:

a.Operates the controls and devices;

b.Identifies important vehicle component parts; and

c.Inspects the motorcycle.

2.Conducts preride checks and procedures, such as:

a.Uses protective gear and equipment;

b.Performs prestart procedures;

c.Mounts the motorcycle correctly;

d.Starts the engine; and

e.Shuts off engine and dismounts.

3.Executes basic vehicle control procedures, such as:

a.Follows safe procedures for practice riding;

b.Balances motorcycle when walking or under power;

c.Moves motorcycle in straight path;

d.Stops with proper application of rear brake; and

e.Parks and secures motorcycle properly.

4.Performs fundamental motorcycle riding skills, such as:

a.Turns left and right in open areas and in tight quarters;

b.Shifts through gears; and

c.Controls vehicle while stopping with rear and front brake.

5.Executes routine riding tasks, such as:

a.Communicates with electrical and hand signals and other vehicle lights;

b.Rides at higher speeds;

c.Operates while standing on the footpegs;

d.Rides on irregular and changing roadway surfaces; and

e.Carries passengers and other loads.

6.Operates safely in traffic, such as:

a.Develops techniques to increase visibility in traffic;

b.Identifies hazards and potentially unsafe conditions;

c.Predicts points of conflict with roadway and other vehicles;

d.Forecasts possible acts and behavior of other road users; and

e.Decides what to do and maintains or changes vehicle position and speed for a safe path of travel.

7.Prevents and protects from highway loss, such as:

a.Selects an appropriate motorcycle;

b.Maintains a safe motorcycle;

c.Recognizes signs of vehicle trouble while riding; and

d.Selects an appropriate insurance plan.

History

• History: Effective January 1, 1979; amended effective January 1, 2006.
• Law Implemented: NDCC 39-06-14(3)

Chapter 37-03-05 Financial Responsibility

N.D. Admin. Code 37-03-05-01 Report of accident - Content of report - Failure to report

N.D. Admin. Code 37-03-05-02 Notice of intention to suspend - Content

N.D. Admin. Code 37-03-05-03 Notice of hearing - Matters considered

If a driver makes a written request for a hearing as specified in North Dakota Century Code section 39-06-33, the director shall send a notice of hearing to the driver specifying the time, date, and place for such hearing. The date set for such hearing shall be within sixty days, but not earlier than five days, after the request for the hearing has been received, unless otherwise agreed to by both the director and the person requesting such hearing. The decision in the matter must be made within thirty days of the completion of the hearing. The notice shall further specify that the matters considered at the hearing will be confined to the following:

1.Whether the accident resulted in bodily injury or death, or damage to the property of any one person in excess of the amount specified in North Dakota Century Code section 39-08-09;

2.Whether the accident involved circumstances to which the financial responsibility requirements and suspension do not apply;

3.Whether the possibility exists that liability for bodily injuries or death, or property damage in excess of one thousand dollars could be imposed against the driver;

4.If the possibility exists that liability may be imposed against the driver, the dollar amount of the potential liability and manner in which that amount may be secured by the driver in order to maintain the driver's license, or nonresident's operating privileges; and

5.Any other material matter relating to the suspension of the license deemed appropriate by the driver.

If a hearing is conducted with respect to a proposed suspension, the director shall give notice of the decision by mail to the driver.

History

• History: Effective January 1, 1979; amended effective July 1, 1981; May 1, 1994; January 1, 2006.
• General Authority: NDCC 28-32-02, 39-16-02
• Law Implemented: NDCC 39-16-05

N.D. Admin. Code 37-03-05-04 Notice of suspension

N.D. Admin. Code 37-03-05-05 Self-insurer - Qualifications

The director may issue a certificate of self-insurance for financial responsibility purposes to any applicant who meets the following qualifications:

1.Has more than twenty-five motor vehicles registered in the applicant's name; and

2.Has received a certificate of self-insurance as provided by the rules and regulations promulgated by the North Dakota insurance department pursuant to North Dakota Century Code chapter 26-42.

History

• History: Effective January 1, 1979.
• General Authority: NDCC 28-32-02, 39-16-02
• Law Implemented: NDCC 39-16-32

Article 37-03.1 Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation

Chapter 37-03.1-01 Administrative Hearings - Driver's License Suspension or Revocation - Appeals

N.D. Admin. Code 37-03.1-01 Administrative Hearings - Driver's License Suspension or Revocation - Appeals

ARTICLE 37-03.1

ADMINISTRATIVE HEARING AND APPEAL PROCEDURES FOR DRIVER'S LICENSE

SUSPENSION OR REVOCATION

Chapter 37-03.1-01Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court

CHAPTER 37-03.1-01

ADMINISTRATIVE HEARINGS - DRIVER'S LICENSE SUSPENSION OR REVOCATION -

APPEALS

Section 37-03.1-01-01Definitions 37-03.1-01-02Applicability 37-03.1-01-03Informal Disposition of Administrative Appeal 37-03.1-01-04Director to Conduct Hearing 37-03.1-01-05Evidence 37-03.1-01-06Testimony 37-03.1-01-07Consideration of Information not Presented at Formal Hearing 37-03.1-01-08Record 37-03.1-01-09Findings of Fact, Conclusions of Law, and Decision - Notice 37-03.1-01-10Petition for Reconsideration 37-03.1-01-11Who May Take Appeal 37-03.1-01-12Certified Record on Appeal 37-03.1-01-13Transmittal of Record on Appeal 37-03.1-01-01. Definitions.

The definitions provided in North Dakota Century Code title 39 apply to this article, and:

1."Hearing officer" means the person designated by the director to conduct the administrative hearing.

2."Petitioner" means the party in interest requesting the administrative hearing under North Dakota Century Code section 39-06-33. 37-03.1-01-02. Applicability.

The procedures in this chapter apply to administrative hearings arising under North Dakota Century Code section 39-06-33, and North Dakota Administrative Code chapters 37-03-03 and 37-03-05. Any

rule in chapter 37-03-03 or 37-03-05 pertaining to the administrative hearing process prevails if in conflict with a provision of this chapter. 37-03.1-01-03. Informal disposition of administrative appeal.

When not prohibited by statute or rule, an administrative appeal may be disposed of, in whole or in

part, by stipulation, settlement, waiver of the hearing, default, or consent. 37-03.1-01-04. Director to conduct hearing.

The director may designate a hearing officer to conduct the hearing. The director or the director's hearing officer has the authority to call and examine witnesses, to examine records and other evidence, and to administer oaths to witnesses. The director and the director's hearing officers have the authority to issue subpoenas on behalf of the department or upon the request of a party to the hearing, compelling the attendance and testimony of witnesses or the production of documents or other items described in the subpoena. The issuance of a subpoena for the production of documents will be made only upon the submission of written justification for such documents. Witness fees, mileage, and related costs are payable at the rate payable in district court. The witness fees, mileage, and related costs are to be paid by the party requesting the witness's appearance, or the department if it requests the appearance. 37-03.1-01-05. Evidence.

Evidence will be admitted pursuant to the North Dakota Rules of Evidence. Such rules may be waived by the department, the director, or the director's hearing officers; however, only relevant evidence is admissible. The petitioner must be informed of the waiver prior to or at the hearing. All objections must be noted in the record of the hearing. Only information and evidence offered, admitted, and made part of the official record of the hearing may be considered by the department, except as otherwise provided in this chapter or by statute. 37-03.1-01-06. Testimony.

All testimony at the hearing must be given under oath or affirmation. At the time of administering the oath or affirmation, the hearing officer shall advise the witness of the provisions of subsection 1 of North Dakota Century Code section 12.1-11-01 and of the maximum penalty for perjury. 37-03.1-01-07. Consideration of information not presented at formal hearing.

The department may avail itself of competent and relevant information or evidence in its possession or furnished by members of its staff, or secured from any person in the course of an independent investigation conducted by it, in addition to the evidence presented at the hearing. It may do so after providing a copy of such information or evidence to the petitioner, and, upon written request, the petitioner must be given the opportunity to present additional information or evidence and to cross-examine the person furnishing the additional information or evidence. The request to present information or evidence by the petitioner must be made in writing within ten days of the mailing of the evidence to the petitioner. Any further testimony must be taken at a hearing noticed in accordance with North Dakota Century Code section 39-06-33. 37-03.1-01-08. Record.

A record must be made of all evidence presented at the hearing. Oral testimony may be taken by a court stenographer or by an electronic recording device. All evidence presented at the hearing must be maintained by the department. A copy of the electronic recording of the hearing will be furnished to the party requesting the hearing upon written request and upon payment of the uniform charge therefor.

1.For one cassette $10.00

2.Handling and postage 1.00

3.Exhibits, 8 1/2 x 11 .05 per page

4.Exhibits, others, at cost If the oral testimony is taken by a court stenographer, the transcript fee will be that charged by the court stenographer. 37-03.1-01-09. Findings of fact, conclusions of law, and decision- Notice.

Within thirty days after the evidence has been received, briefs filed, and final statements made, the hearing officer must make recommended findings of fact, conclusions of law, and decision to the director. Within fifteen days after the receipt of the recommended findings of fact, conclusions of law, and decision, the director or the director's hearing officer shall by order adopt the recommendation of the hearing officer or make separate findings of fact, conclusions of law, and decision, including therein the reason for rejecting the recommendations of the hearing officer. Upon final disposition of the matter, the department must furnish a copy of the decision to the petitioner in accordance with subsection 3 of North Dakota Century Code section 39-06-33. 37-03.1-01-10. Petition for reconsideration.

The petitioner, within fifteen days of the mailing of an adverse decision, may request reconsideration of the matter. The petition must specifically state the grounds for relief or a statement of any further showing to be made in the matter. The petition must state if a rehearing is requested. The petition constitutes a part of the record. The department may deny such petition or grant a rehearing upon such terms as it may prescribe. This section does not limit the department's right to reopen any proceeding under any continuing jurisdiction granted to it by law. Any rehearing granted on a petition for reconsideration must be conducted pursuant to this chapter. If the petition for reconsideration is denied, notice of the denial must be given pursuant to North Dakota Century Code section 39-06-33. 37-03.1-01-11. Who may take appeal.

The petitioner may appeal the department's final decision as provided in North Dakota Century Code section 28-32-15, except the time for the appeal is based upon the notice given under North Dakota Century Code section 39-06-33, and section 37-03.1-01-09. 37-03.1-01-12. Certified record on appeal.

The certified record must consist of:

1.A facsimile of the order giving rise to the hearing and a printout of the electronic data supporting the order.

2.The request for hearing.

3.Notices of all proceedings.

4.All prehearing notices and documents.

5.Any motions, briefs, petitions, or requests.

6.A statement of matters officially noticed.

7.The transcript of the hearing prepared by the person presiding at the hearing, including all testimony taken, and any written statements, exhibits, reports, memoranda, documents, or other information or evidence considered before final disposition of proceedings.

8.Any recommended findings of fact, conclusions of law, and decision or final findings of fact, conclusions of law, and decision.

9.Any information considered pursuant to section 37-03.1-01-07. 37-03.1-01-13. Transmittal of record on appeal.

The department will prepare and transmit the record on appeal to the district court as provided for in North Dakota Century Code section 28-32-17, without cost to the party filing the appeal.

Article 37-04 Regulation of Snowmobiles and All-Terrain Vehicles Operation on State Highway System

Chapter 37-04-01 General Rules of Operation

N.D. Admin. Code 37-04-01-01 Definitions

The terms herein shall have the same meaning as in North Dakota Century Code title 24, except:

1."Back-slope" means that portion of the highway right of way commencing at the outer ditch bottom and angling to the top of the ditch section at the outer edge of the right of way.

2."Inslope" means that portion of the highway commencing at the edge of the shoulder and sloping to the ditch bottom.

3."Permit" means written authorization from the state highway commissioner to the sponsoring party permitting the use of the highway right of ways for racing purposes.

4."Recreational vehicle" means a snowmobile as defined by subsection 9 of North Dakota Century Code section 39-24-01, or an all-terrain vehicle as defined by subsection 1 of North Dakota Century Code section 39-01-01.

5."State highway system" means those highways designated as a United States (US) route, a North Dakota (ND) route, but excluding the interstate system.

N.D. Admin. Code 37-04-01-02 Prohibited use of highway right of way

Repealed effective October 1, 1988.

N.D. Admin. Code 37-04-01-03 Permitted use of highway rights of way

A person having a valid operator's license may operate a registered recreational vehicle upon the ditch bottoms, back-slopes, and the top of the back-slope on any state highway.

N.D. Admin. Code 37-04-01-04 Crossing of state highways

Repealed effective October 1, 1988.

N.D. Admin. Code 37-04-01-05 Transitory operation on shoulder, inslope, or roadway

A person may operate a recreational vehicle upon the shoulder, inslope, or roadway of a state highway only when an obstruction prevents the safe operation of the recreational vehicle upon the ditch bottom and the backslope. The operation on the shoulder, inslope, or roadway shall be for the sole

purpose of avoiding the obstruction and upon passing the obstruction, the operator shall return the recreational vehicle to the ditch bottom of backslope.

N.D. Admin. Code 37-04-01-06 Organized races permitted

The highway commissioner may authorize utilization of the ditches, back-slopes, and tops of the back-slopes for organized and bona fide recreational vehicle races on highways under the commissioner's jurisdiction. Such authorization shall be in the form of a written permit as prescribed by the commissioner.

N.D. Admin. Code 37-04-01-07 Applications for racing permit

An application for the use of highway right of way for recreational vehicle racing shall be made upon the form provided for that purpose by the highway commissioner. Such application shall include, but not be limited to, the following: route selection, date and time of the race, sponsor of the race, safety precautions instituted, if any, and the designation of any crossing of a highway on the state highway system.

N.D. Admin. Code 37-04-01-08 Headlamps

All recreational vehicles shall be equipped with at least one headlamp mounted in front of the vehicle. Such headlamp on a recreational vehicle shall be of a sufficient intensity to reveal a person or vehicle under the following conditions:

1.Not less than one hundred feet [34.8 meters] when the recreational vehicle is operated at any speed less than twenty-five miles [40.23 kilometers] per hour.

2.At a distance of not less than two hundred feet [69.6 meters] when the recreational vehicle is operated at a speed of twenty-five miles [40.23 kilometers] or more per hour.

3.At a distance of not less than three hundred feet [104.4 meters] when therecreational vehicle is operated at a speed of thirty-five miles [56.33 kilometers] or more per hour.

The headlamp shall be so mounted that when the recreational vehicle is not loaded, none of the light shall, at a distance of twenty-five feet [7.6 meters] ahead, project higher than a level of five inches [12.7 centimeters] below the level of the center of the lamp and in no case higher than forty-two inches [106.68 centimeters] above the level on which the recreational vehicle stands at a distance of seventy-five feet [22.86 meters] ahead.

N.D. Admin. Code 37-04-01-09 Taillamps

All recreational vehicles shall be equipped with at least one taillamp being so mounted to be visible to the rear of the vehicle. The taillamp shall be capable of being seen and distinguished under normal atmospheric conditions at the time lights are required at a distance of four hundred feet [121.92 meters] from the rear of the recreational vehicle. Such taillamp shall not be altered in any manner that would diminish its light intensity or alignment.

N.D. Admin. Code 37-04-01-10 Brakes

Recreational vehicles shall be equipped with brakes capable of controlling the vehicles under normal operating conditions.

APPENDIX A

PERMIT TO CONDUCT RECREATIONAL VEHICLE RACE _____________________, is hereby authorized pursuant to sponsor North Dakota Century Code sections 39-24-08 and 39-29-08 to conduct a recreational vehicle race, pursuant to the terms and conditions of its application, a copy of which is annexed hereto and incorporated as a

part of this permit40 , all or limited by the following:

CONDITIONS:____________________________________________________ ______________________________

WALTER R. HJELLE

Highway Commissioner Dated this____day of ________, 19.

APPENDIX B

APPLICATION FOR PERMIT TO CONDUCT RECREATIONAL VEHICLE RACE

The applicant requests a permit to conduct a recreational vehicle race, which will be sponsored by __________________, name __________________, to take place on the rights of way of the following address state highways:

Such race will take place on _______________ and will commence date at ____ ___.m. and will terminate at _____ ___.m.

The route selected for the race will require the crossing of state highways at the following listed locations:

The following safety precautions have been instituted and will be utilized during the period in which the race is conducted:

Dated this ___ day of _________, 19. ___________________________ Applicant ___________________________ Sponsor

Article 37-05 Outdoor Advertising Adjacent to Highways

Chapter 37-05-00.1 Definitions

N.D. Admin. Code 37-05-00.1 Definitions

ARTICLE 37-05

OUTDOOR ADVERTISING ADJACENT TO HIGHWAYS

Chapter 37-05-00.1Definitions 37-05-01Application and Permit for Commercial Message Type Signs 37-05-02Placement and Maintenance of Signs 37-05-03Size and Spacing - Penalty 37-05-04Directional and Other Official Signs

CHAPTER 37-05-00.1

DEFINITIONS

Section 37-05-00.1-01Definitions 37-05-00.1-01. Definitions.

As used in this article:

1."Department" means the department of transportation.

2."Director" means the director of the department of transportation or an authorized agent of the director.

3."Federal-aid primary system" means the federal-aid primary system in existence on June 1, 1991, and any highway that is not on such system, but which is on the national highway system, constituting part of the state highway system.

4."Sign" means any outdoor advertising sign as defined in subsection 5 of North Dakota Century Code section 24-17-02 but excludes directional and other official signs as described in chapter 37-05-04.

History: Effective August 1, 1994.

General Authority: NDCC 24-17-10

Law Implemented: NDCC 24-17-09

Chapter 37-05-01 Application and Permit for Commercial Message Type Signs

N.D. Admin. Code 37-05-01-01 Permit required

A person may not erect or maintain a sign along any portion of the right of way of any highway on the federal-aid primary system without having first obtained a written permit issued by the director.

Outside urban areas, any sign visible from the main-traveled way and meeting any of the criteria listed below is a sign which has been erected with the purpose of its message being read from the main-traveled way of any highway on the federal-aid primary system. These criteria apply to any sign regulated under North Dakota Century Code section 24-17-03.1. Where a sign is visible from the main-traveled way of more than one highway, one or more of which is a controlled highway under this

article, the more stringent of the applicable control requirements applies. The criteria are:

1.The sign has any lettering one inch [2.54 centimeters] or more in height or width for each fifty feet [15.24 meters] of distance from the sign to the main-traveled way of a controlled highway, the distance from the sign to the main-traveled way being measured at right angles to the highway at the shortest distance between the sign and the centerline of the main-traveled way nearest the sign.

2.At least eighty percent of the total average daily traffic count of vehicles, as determined by department counts, on all highways from which the sign is visible is traveling in either or both directions along the main-traveled way of a highway on the federal-aid primary system.

3.The sign is visible from the main-traveled way of the highway for more than five seconds traveling at the posted speed limit, or for the time needed to read the whole message, whichever is less.

4.The sign is placed at an angle that makes it easily visible to traffic on the main-traveled way of the controlled highway.

5.The sign advertises a location not directly accessible from the noncontrolled highway, and is clearly intended for travelers on the main-traveled way of the controlled highway.

Unless the context otherwise requires, terms used herein are defined as in 23 CFR, part 750,

subpart G.

History

• Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09

N.D. Admin. Code 37-05-01-02 Application for permit

Permits may be applied for only on the form provided by the director. All information on the application form must be provided in addition to any supplemental information required by the director prior to acting on the application. Incomplete applications will be returned to the applicant. All information on the permit applications shall be certified as correct by the applicant, under penalty of law. If the permit is not granted, the applicant will be given written notification of the reasons for the denial of the permit and the fee will be refunded.

N.D. Admin. Code 37-05-01-03 Permit duration and fee

Every application for a permit must be accompanied by a fee in the amount of fifty dollars for a license period covering the life of the sign. Permits shall be applied for only on the application form provided by thedirector.

N.D. Admin. Code 37-05-01-04 Permit number - Placement of sign

Each permit issued under this chapter shall have an identification number, and shall entitle the holder to erect only the advertising sign described in the application and only at the exact location authorized. If the sign is not erected within one year of the date of issuance of the permit, the permit is automatically void and revoked under this chapter, unless additional time is granted by the director. Any sign subsequently erected at the location without the issuance of a permit with a new application and fee is unlawful advertising and shall be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.

N.D. Admin. Code 37-05-01-05 Permit license

A person may not erect and maintain a sign unless there is securely fastened thereon a permit license tag as specified in this chapter. The erecting of any such sign without having affixed thereon a permit license tag is prima facie evidence that the sign has been erected and is being maintained in violation of the provisions of this chapter and is unlawful advertising and shall be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.

N.D. Admin. Code 37-05-01-06 Permit revocation

Upon the revocation of any permit issued under this chapter, the sign for which it was issued constitutes unlawful advertising under North Dakota Century Code section 24-17-11 and must be removed upon the order of the director. In addition to other reasons provided by law and this article, permits may be revoked under circumstances, including the following:

1.If a sign is not erected within one year of the date of issuance of the permit.

2.If any information on the permit application is found to be false and was false on the date submitted to the director.

3.If the sign is not erected at the location and in the manner authorized by the permit, or if the sign is otherwise not in accordance with this article.

N.D. Admin. Code 37-05-01-07 Leases and zoning

1.Leases submitted with permit applications must be written leases showing on their face that the applicant is authorized by the landowner to erect a sign on the property. If no written lease exists between the applicant and the landowner, the applicant may substitute a letter from the landowner authorizing erection of a sign on the property and showing the duration of the

authority, or the landowner may sign the permit application. A landowner's letter or signature on the sign permit application must be used when no written lease exists between the applicant and the landowner either because none was drafted and executed or because the applicant claims to be a successor to the rights of a prior lessee.

2.In addition to other requirements and limitations provided by state and federal law and rules, signs may be erected and maintained only in areas zoned by local zoning authorities as industrial or commercial, under a comprehensive zoning plan, or in areas which are unzoned but are commercial or industrial in use pursuant to the agreement between the director and the United States secretary of transportation according to 23 U.S.C. 131. Zoned or unzoned areas will be as defined by state and federal law, including administrative rules.

History

• Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09

Chapter 37-05-02 Placement and Maintenance of Signs

N.D. Admin. Code 37-05-02-01 Owner name to be displayed

A sign may not be erected or maintained unless the name of the person owning or maintaining it is plainly displayed on the sign. Any sign erected or maintained which does not contain the owner's name plainly displayed on the sign is unlawful advertising and must be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.

N.D. Admin. Code 37-05-02-02 Placement and lighting

A sign may not be erected or maintained in any of the following locations or positions or under any of the following conditions:

1.Within the right of way of any highway.

2.If visible from any highway and simulating or imitating any official directional, warning, danger, or traffic control sign, or if intended or likely to be construed as giving warning to traffic such as by the words "Stop" or "Slow Down".

3.If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal.

4.If any illumination on this sign is of such brilliance or so positioned as to blind or dazzle the vision of travelers on the adjacent highways or create the impression that the lights are from oncoming or intersecting vehicles. Such conditions must be corrected within ten days of notification by the director.

5.Except for on-premise signs, along a scenic highway as designated by the former highway corridor board, or nearer than one thousand feet [304.8 meters] from the designated start or finish of such highway outside the limits of municipalities.

N.D. Admin. Code 37-05-02-03 Damaged signs - Removal

Damaged, defaced, or poorly maintained conforming signs must be repaired within one hundred eighty days after notice by the director, and if not so repaired they will be deemed abandoned and unlawful advertising and must be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.

N.D. Admin. Code 37-05-02-04 Blank signs

If any sign remains blank for over one year, it is abandoned and must be removed as unlawful advertising pursuant to North Dakota Century Code section 24-17-11. A blank sign is a sign structure having no panel or face, or whose panel or face is not covered at least twenty-five percent in area by an advertising message.

History

• History: Effective July 1, 1983.

N.D. Admin. Code 37-05-02-05 Nonconforming signs - Maintenance, repair, alteration, abandonment

For purposes of this article a nonconforming sign is one which was lawfully erected, but which does not comply with the provisions of state or federal laws or rules passed at a later date or which later failed to comply with the law or rules due to changed conditions. Illegally erected or maintained signs are not nonconforming signs.

1.Nonconforming grandfathered signs permitted to remain in place pursuant to the January 19, 1972, agreement between the director and the United States secretary of transportation and pursuant to 23 CFR 750.707, may remain in a commercial or industrial area for their normal life, subject to reasonable maintenance and repair. Any nonconforming grandfathered sign improperly repaired or enlarged with better materials or otherwise maintained in violation of this section is unlawful and must be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.

2.Change of advertising copy is part of reasonable maintenance and repair, but the change of copy may not increase or expand the size of the original nonconforming use.

3.Change of facing or sign display area is part of reasonable maintenance and repair, but the change of facing and sign display area may not increase or expand the size of the original nonconforming use.

4.No nonconforming sign may be substantially altered in any manner which expands or increases the size of the sign in excess of the original nonconforming use.

5.A change may not be made in the number of, type of, or material used for the support of a nonconforming sign, nor in any of its structural members or foundations, in excess of or improving upon the original nonconforming use.

6.Any nonconforming sign destroyed by the elements, taken in condemnation, or abandoned by any previous owner is an abandoned sign and may not be reconstructed. If the nonconforming sign is only damaged to an extent not greater than fifty percent of the replacement cost of the sign, then it may be repaired to its preexisting size, shape, and type and quality of materials.

Replacement cost will be determined by the director's sign cost schedule approved and effective on the date the sign was damaged.

7.A nonconforming sign toppled or blown over by wind or by vandalism may be reerected within one year. Any nonconforming sign not so reerected is abandoned and unlawful, may not be reerected, and must be removed pursuant to the order of the director pursuant to North Dakota Century Code section 24-17-11.

8.A nonconforming sign that has not displayed advertising copy or display for one year or more is an abandoned sign, is unlawful advertising, and must be removed upon the order of the director under North Dakota Century Code section 24-17-11, unless the owner can establish to the satisfaction of the director that the cessation of use was beyond the owner's control because it was caused by an act of God. The definition of blank sign in section 37-05-02-04 applies to this subsection for determining lack of advertising copy or display.

9.A sign may not be erected or reconstructed upon the site of an abandoned nonconforming sign, so long as the site continues to be in a nonconforming area.

10.Unless abandoned under this article, a nonconforming sign damaged or destroyed by vandalism or other criminal or tortious act may be reerected in kind, only at its preexisting size and shape, and only with the same type and quality of materials. The burden is on the sign owner to prove to the satisfaction of the director that a nonconforming sign has been destroyed by vandals or by other criminal or tortious or unlawful action, rather than by the elements or by lawful action.

11.The requirements of this section apply to any nonconforming sign in existence, whether it became nonconforming before or after the effective date of this section.

Chapter 37-05-03 Sizing and Spacing - Penalty

N.D. Admin. Code 37-05-03-01 Size of signs

The maximum area for any one sign face shall be one thousand two hundred square feet [111.48 square meters] with a maximum height of thirty feet [9.14 meters] and a maximum length of sixty feet [18.29 meters] inclusive of any border and trim but excluding the base or apron, supports, and other structural members. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign face. The maximum face size limitations shall apply to each side of the sign structure; and sign faces may be placed back to back, side by side, or in V-type construction with not more than two displays to each facing, and such sign structure shall be construed as one sign for permitting purposes.

History

• History: Effective July 1, 1983.

N.D. Admin. Code 37-05-03-02 Spacing of signs

1.Signs adjacent to the federal-aid primary system may not be located in a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.

2.On interstate highways and expressways on the federal-aid primary system:

a.Two signs may not be placed less than five hundred feet [152.4 meters] apart.

b.In areas outside of incorporated cities, signs may not be located adjacent to or within five hundred feet [152.4 meters] of an interchange, intersection at grade, or safety rest area.

The five hundred feet [152.4 meters] must be measured along the interstate or freeway from the beginning or ending of pavement widening at the ramp exit from or entrance to the main-traveled way.

3.On highways, other than interstate or expressways, on the federal aid primary system:

a.Outside of incorporated cities, two signs may not be placed less than three hundred feet [91.44 meters] apart.

b.Inside incorporated cities, no two signs shall be spaced less than one hundred feet [30.48 meters] apart.

4.The spacing between sign provisions of this section do not apply to signs separated by buildings or other obstructions in a manner that only one sign facing located within the above spacing distances is visible from the highway at any one time.

History

• History: Effective July 1, 1983; amended effective August 1, 1994.

N.D. Admin. Code 37-05-03-03 Penalty

Any sign erected or maintained in violation of this article must be caused to conform to the article as directed by the director, and if it is not made to conform, it is unlawful advertising and the director may order the owner to remove it and if the owner fails to remove the sign after thirty days, the director may cause it to be removed by state forces, the expense of which shall be billed to and paid by the owner of the sign.

History

• History: Effective July 1, 1983; amended effective August 1, 1994.

Chapter 37-05-04 Directional and Other Official Signs

N.D. Admin. Code 37-05-04-01 Application of chapter

The standards contained in this chapter apply to directional and other official signs and notices which are erected and maintained in sight distance of the right of way of a highway on the federal-aid primary system, and which are visible from the main-traveled way of those highways. These standards do not apply to directional and other official traffic control signs within the highway right of way.

A directional or other official sign in this chapter does not require a permit or fee.

History

• Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09

N.D. Admin. Code 37-05-04-02 Definitions

1."Directional and other official signs and notices" include only official signs and notices, public utility signs, service club and religious notices, and directional signs.

2."Directional signs" means signs containing directional information about cities; public places owned or operated by federal, state, or local government for their agency; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural, scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

3."Official signs and notices" means signs and notices erected and maintained by public officers or public agencies pursuant to and in accordance with direction and authorization contained in federal, state, or local laws for the purposes of carrying out an official duty or responsibility.

Historic markers authorized by state law and erected by state or local governmental agencies or nonprofit historical societies may be considered official signs.

4."Public utility signs" means warning signs, informational signs, notices, or markers which are customarily erected and maintained by public or privately owned utilities as essential to their operations.

5."Service club and religious notices" means signs and notices authorized by law, relating to meetings of nonprofit service clubs or charitable associations or religious services.

History

• Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09

N.D. Admin. Code 37-05-04-03 Criteria

1.The following signs are prohibited as directional or other official signs:

a.Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.

b.Signs located in a manner as to obscure or otherwise interfere with the effectiveness of official traffic signs, signals, or devices, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.

c.Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

d.Obsolete signs.

e.Signs which are in disrepair.

f.Signs which move or have any animated or moving parts.

g.Signs located in rest areas, park lands, or scenic areas.

2.Directional and official signs are limited to the following size, including border and trim, but excluding supports:

a.Maximum area - one hundred fifty square feet [13.94 square meters].

b.Maximum height - twenty feet [6.10 meters].

c.Maximum length - twenty feet [6.10 meters].

3.Spacing.

a.The location of each directional or official sign must be approved by the director as provided in this article.

b.Directional and other official signs must comply with all other criteria and rules provided in this article.

c.Directional or official signs may not be located within two thousand feet [609.6 meters] of a rest area, park land, or scenic area.

d.Any two directional or official signs facing the same direction of travel shall be spaced not less than one mile [1.61 kilometers] apart.

e.Not more than three directional or official signs pertaining to the same activity and facing in the same direction of travel may be erected along a single route approaching the activity.

f.Directional or official signs located adjacent to the interstate system shall be within seventy-five air miles [120.70 air kilometers] of the activity.

g.Directional or official signs located adjacent to the federal-aid primary system shall be within fifty air miles [80.47 air kilometers] of the activity.

4.The message on directional or official signs shall be limited to the identification of the attraction or activity and the directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, pictorial or photographic representations of the activity, its environs, or its logos are prohibited.

5.Directional sign criteria.

a.Privately owned activities or attractions eligible for directional signs are limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas.

b.To be eligible for a directional sign, privately owned attractions or activities must be regionally known or known statewide, and of outstanding interest to the traveling public.

History

• Law Implemented: NDCC 24-17-09

N.D. Admin. Code 37-05-04-04 Farm directional signs

Farm directional signs may be erected on privately owned property for the purpose of directing the traveling public to individual farmsites.

1.The message contained on farm directional signs shall be limited to the identification of the farmsite owner and directions in miles [kilometers] or fractions thereof to the farmsite.

Descriptive words, phrases, and pictorial or photographic representations of the activity at the farmsite or its logos are prohibited. The message may be located on both sides of the sign.

2.Farm directional signs shall not exceed eight square feet [.74 square meters] in area. No more than six farm directional signs may be located on the same structure.

History

• History: Effective July 1, 1983.
• Law Implemented: NDCC 24-17-09

Article 37-06 Multiple Vehicle Combinations

Chapter 37-06-01 Definitions - Equipment and Operation

N.D. Admin. Code 37-06-01-01 Definitions

In this article, unless the context or other subject matter requires:

1."B-train" means a truck-tractor, semitrailer, and semitrailer.

2."Converter dolly" means an auxiliary axle assembly equipped with a fifth wheel used to convert a semitrailer to a trailer.

3."Double bottom" means a truck-tractor, semitrailer, and trailer or semitrailer converted to a trailer by use of a converter dolly.

4."Fifth wheel" means a device used to connect a truck-tractor or converter dolly to a semitrailer.

5."Gooseneck" means a coupling device attached to the frame of a trailer or vehicle used to connect the trailer or vehicle to a truck-tractor or to the bed of a truck or pickup truck.

6."Pickup truck" means a small truck with a capacity of less than one ton [907.18 kilograms] registered as a truck or as a passenger vehicle.

7."Semitrailer" includes every vehicle of the trailer type so designed and used in conjunction with a truck or truck-tractor that some part of its own weight and that of its own load rests upon or is carried by a truck or truck-tractor, except that it does not include a "housetrailer" or "mobile home".

8."Trailer" includes every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle, except that it does not include a "housetrailer" or "mobile home", which terms mean a vehicle as defined in this subsection which is designed and intended for use as living or sleeping quarters for people and which is not used for commercial hauling of passengers.

9."Triple bottom" (triple trailers) means a truck-tractor, semitrailer, and two trailers or two semitrailers converted to trailers by use of converter dollies.

10."Truck" includes every motor vehicle designed, used, or maintained primarily for transportation of property.

11."Truck-tractor" includes every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

12."Unit" means one motor vehicle or one vehicle.

13."Vehicle" includes every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

History

• History: Effective October 1, 1983.
• General Authority: NDCC 39-12-04
• Law Implemented: NDCC 39-12-04

N.D. Admin. Code 37-06-01-02 Equipment

All vehicle combinations must comply with the applicable requirements for equipment as specified in North Dakota Century Code chapter 39-21, and:

1.Every trailer must be equipped with a drawbar and a means of attaching the drawbar to the towing and towed vehicles. Such drawbar must be structurally adequate for the weight being drawn, be properly and securely mounted, provide for adequate articulation at the connection without excessive slack at that location, and can be provided with a locking device that prevents accidental separation of the vehicles.

2.Every trailer, including a semitrailer utilizing a converter dolly, must have safety chains or cables installed. Such chains or cables shall be connected prior to any over-the-road movement.

3.The lower half of a fifth wheel mounted on a truck-tractor or converter dolly must be secured to the frame of that vehicle with properly designed brackets, mounting plates or angles, and properly tightened bolts of adequate size and grade, or devices that provide equivalent security. The installation shall not cause cracking, warping, or deformation of the frame. The installation must include a device for positively preventing the lower half of the fifth wheel from shifting on the frame to which it is attached.

4.The upper half of a fifth wheel must be fastened to the semitrailer with at least the same security required for the installation of the lower half on a truck-tractor or converter dolly.

5.Each fifth wheel assembly must have a locking mechanism.

History

• History: Effective October 1, 1983.
• General Authority: NDCC 39-12-04
• Law Implemented: NDCC 39-12-04

Chapter 37-06-02 Implements of Husbandry

N.D. Admin. Code 37-06-02-01 Combination permitted - Limitation

Two implements of husbandry or two liquid fertilizer tanks may be towed by a pickup, truck, or farm tractor operated by resident farmers, ranchers, dealers, or commercial fertilizer companies between sunrise and sunset at a speed limit not to exceed twenty-five miles [40.25 kilometers] per hour. A packer-drill combination shall be considered one implement of husbandry. Such combination may not exceed seventy-five feet [22.86 meters] in length.

History

• History: Effective October 1, 1983; amended effective November 1, 1987.
• General Authority: NDCC 39-12-04
• Law Implemented: NDCC 39-12-04

Chapter 37-06-03 Combinations of Two, Three, or Four Vehicles - Seventy-Five Feet or Less

N.D. Admin. Code 37-06-03-01 Authorized combinations of vehicles - Routes of operation

The following combinations of vehicles may be operated on all North Dakota highways provided the overall length does not exceed seventy-five feet [22.86 meters]:

1.Any combination of two units.

2.A truck-tractor and semitrailer may draw a trailer or semitrailer converted to a trailer by use of a converter dolly and fifth wheel. This combination of vehicles is commonly referred to as an A-train or a double bottom.

3.A truck-tractor and semitrailer may draw a semitrailer. This combination of vehicles is commonly referred to as a B-train.

4.A combination of four units consisting of a truck-tractor, semitrailer, and two trailers. A semitrailer used with a converter dolly is considered to be a trailer. This combination of vehicles is commonly referred to as triple trailers or a triple bottom.

5.A motor vehicle drawing three motor vehicles attached to the towing motor vehicle by a triple saddle mount. In such a mount, the front wheels of the towed motor vehicle are mounted upon the bed of the towing vehicle, with any other towed motor vehicle being mounted in a like manner on the preceding motor vehicle.

History

• History: Effective October 1, 1983; amended effective November 1, 1987; March 1, 1999.
• General Authority: NDCC 39-12-04
• Law Implemented: NDCC 39-12-04

N.D. Admin. Code 37-06-03-02 Limited combinations of vehicles

A motor vehicle may draw two trailers or two vehicles subject to the following conditions:

1.The towed vehicles, in addition to brakelights, stoplights, and turn signals, shall be equipped with front and rear clearance lights, and side marker lights, and reflectors as prescribed by North Dakota Century Code chapter 39-12.

2.All hitches must be of a load-bearing capacity capable of bearing the weight of the towed vehicles.

a.The towing vehicle must have a hitch commonly described as a fifth wheel or gooseneck design, or one that is attached to the frame.

b.The hitch on the rear of the vehicle connected to the towing vehicle must be attached to the frame of the towed vehicle.

c.All hitches, other than a fifth wheel or gooseneck, must be of a ball and socket type with a locking device or a pintle hook.

3.The drawn vehicles shall be equipped with brakes and safety chains adequate to control themovement of, and to stop and hold, such vehicles. When the drawn vehicle is of a fifth wheel or gooseneck design, safety chains are not required. If the gross weight of the second drawn vehicle is three thousand pounds [1360.78 kilograms] or less, brakes are not required on the second vehicle. When brakes are required, the brakes shall be so designed as to be applied by the driver of the truck or motor vehicle from the cab. The brakes shall be so designed and connected so that in case of an accidental breakaway the brakes shall be automatically applied on the drawn vehicle that breaks loose.

History

• History: Effective October 1, 1983; amended effective November 1, 1987.
• General Authority: NDCC 39-12-04
• Law Implemented: NDCC 39-12-04

Chapter 37-06-04 Combinations of Two, Three, or Four Vehicles - Over Seventy-Five Feet

N.D. Admin. Code 37-06-04-01 Authorized combinations of vehicles exceeding seventy-five feet

The following combinations of vehicles exceeding seventy-five feet [22.86 meters] in overall length may be operated on those highways described in section 37-06-04-02:

1.Any combination of two units.

2.A truck-tractor and semitrailer may draw a trailer or semitrailer converted to a trailer by use of a converter dolly and fifth wheel. This combination of vehicles is commonly referred to as an A-train or a double bottom.

3.A truck-tractor and semitrailer may draw a semitrailer. This combination of vehicles is commonly referred to as a B-train.

4.A truck properly registered and designed to legally carry a gross weight of more than twenty-four thousand pounds [10886.22 kilograms] may draw two trailers or semitrailers provided both trailers or semitrailers are designed to legally carry gross weights of more than twenty-four thousand pounds [10886.22 kilograms], provided both trailers or semitrailers are equipped with safety chains and brakes adequate to control the movement of and to stop and hold such trailers or semitrailers. The brakes shall be designed as to be applied by the driver of the truck from the cab. The brakes shall be designed and connected so that in case of an accidental breakaway the brakes shall be automatically applied on the trailer or semitrailer that breaks loose.

5.A combination of four units consisting of a truck-tractor, semitrailer, and two trailers. A semitrailer used with a converter dolly is considered to be a trailer. This combination of vehicles is commonly referred to as triple trailers or a triple bottom.

The following combinations of vehicles exceeding seventy-five feet [22.86 meters], but not exceeding ninety-seven feet [29.56 meters] in overall length may be operated on those highways described in section 37-06-04-02.

1.A motor vehicle may draw up to three motor vehicles attached to the towing motor vehicle by a saddlemount. In such a mount, the front wheels of the towed motor vehicle are mounted upon the bed of the towing vehicle, with any other towed motor vehicles being mounted in a like manner on the preceding motor vehicle.

2.A motor vehicle may draw up to three motor vehicles with no more than one smaller vehicle fully mounted on the frame of the first or last vehicle in the saddlemount. The drawn vehicles shall each be connected by a saddlemount. This combination of vehicles is commonly referred to as a drive-away saddlemount with fullmount vehicle transporter combination.

History

• History: Effective October 1, 1983; amended effective December 1, 1985; March 1, 1999. 37-06-04-01.1. Authorized combinations of vehicles exceeding seventy-five feet, not to exceed ninety-seven feet.
• History: Effective July 1, 2008.
• Law Implemented: NDCC 39-12-04; 49 USC 31111

N.D. Admin. Code 37-06-04-02 Routes of operation

Authorized combinations of vehicles may be operated on all four-lane divided state highways and on those state highways designated by the director as shown on special highway maps available at the highway patrol and department of transportation headquarters in Bismarck and at the respective district offices in Williston, Minot, Devils Lake, Grand Forks, Fargo, Valley City, Jamestown, and Dickinson.

Authorized combinations of vehicles may travel off the designated system a distance of ten miles [16.09 kilometers] on a state highway for the purpose of procuring food, fuel, repairs, obtaining sleeping quarters (rest), or going to a terminal or points of loading or unloading.

History

• History: Effective October 1, 1983; amended effective November 1, 1987; July 1, 2008.

N.D. Admin. Code 37-06-04-03 Minimum power requirement

The power unit shall have adequate power and traction to maintain a minimum speed of fifteen miles [24.14 kilometers] per hour on all grades.

N.D. Admin. Code 37-06-04-04 Weight distribution by trailer weight

1.In any three-unit combination, the lighter trailer must always be operated as the rear trailer except when the gross weight differential with the other trailer does not exceed five thousand pounds [2267.96 kilograms].

2.In any four-unit combination, the lightest trailer must always be operated as the rear trailer.

The other two trailers must be arranged as provided in subsection 1.

N.D. Admin. Code 37-06-04-05 Signing requirement

The last trailer or vehicle in any three-unit or four-unit combination must have a "LONG LOAD" sign mounted on the rear. The "LONG LOAD" sign must be a minimum twelve inches [30.48 centimeters] in height and sixty inches [152.4 centimeters] in length. The lettering must be eight inches [20.32 centimeters] in height with one-inch [2.54-centimeter] brushstrokes. The letters must be black on yellow background.

History

• History: Effective October 1, 1983; amended effective May 1, 1999; July 1, 2008.

N.D. Admin. Code 37-06-04-06 Weather restrictions

Movements of combinations of vehicles authorized for operation under this chapter are prohibited:

1.When road surfaces, due to ice, snow, slush, or frost present a slippery condition which may be hazardous to the operation of the unit or to other highway users;

2.When wind or other conditions may cause the unit or any part thereof to swerve, to whip, to sway, or fail to follow substantially in the path of the towing vehicle; or

3.When visibility is reduced due to snow, ice, sleet, fog, mist, rain, dust, or smoke.

The North Dakota highway patrol may restrict or prohibit operations during periods when in its judgment traffic, weather, or other safety conditions make travel unsafe.

Article 37-07 Maintenance Road Signs

Chapter 37-07-01 Specifications and Installation of Minimum Maintenance Road Signs

N.D. Admin. Code 37-07-01-01 Minimum maintenance road signs

Signs used by a political subdivision to designate minimum maintenance roads under North Dakota Century Code sections 24-07-35 through 24-07-37 shall conform to this chapter.

N.D. Admin. Code 37-07-01-02 Minimum maintenance road signs - Material

Material used for the fabrication of minimum maintenance road signs must be in accordance with the Manual on Uniform Traffic Control Devices adopted by the state highway commissioner under North Dakota Century Code section 39-13-06. The signs must be fabricated using silver-white TYPE III A retroreflective sheeting, as defined in the current edition of the state highway department Standard Specifications for Road and Bridge Construction, where required by section 37-07-01-04, and the sign panel must be constructed of .080 gauge aluminum. The signs may be installed on either steel or wood posts of appropriate size and strength for the support of the sign panel.

N.D. Admin. Code 37-07-01-03 Minimum maintenance road signs - Placement

Minimum maintenance road signs installed by political subdivisions must be installed pursuant to the Manual on Uniform Traffic Control Devices adopted by the state highway commissioner under North Dakota Century Code section 39-13-06. The signs must be installed from six to twelve feet [1.82 to 3.66 meters] from the shoulder line of the roadway, and the bottom of the sign panel must be at least five feet [1.52 meters] above the roadway surface.

N.D. Admin. Code 37-07-01-04 Minimum maintenance road signs - Legend

Minimum maintenance road signs installed by political subdivisions must have a fully reflectorized white background with a black nonreflectorized legend. The legend must use lettering three inches [7.62 centimeters] high, and lettering must be of "Series C" size according to the Traffic Control Devices Handbook published by the state highway department. The size and appearance of minimum maintenance road signs must be in accordance with that shown in figure 1, which is incorporated into this chapter.

Article 37-08 Visual Requirements for Operators Licenses or Permits

Chapter 37-08-01 Visual Requirements

N.D. Admin. Code 37-08-01-01 Definitions

The definitions provided in North Dakota Century Code title 39 shall apply to this article, except:

1."Corrective visual device" means glasses or contact lenses.

2."Field of vision report" means a report measuring peripheral vision arrived at by use of a static or kinetic visual field testing device in the ophthalmologic or optometric profession which checks peripheral and central visual field, excluding tangent screen and confrontation devices.

3."Medical advisory board" means driver license medical advisory board consisting of North Dakota licensed physicians or optometrists appointed by the director for the purpose of advising the director concerning the medical aspects of licensing.

4."Outside mirrors" means one unobstructed mirror attached to each side of the vehicle within easy view of the driver.

5."Road test" means a driving demonstration.

6."Special visual devices" means use of telescopic bioptic resulting in a vision acuity of 20/130 in each eye through the carrier lens and 20/40 in the bioptic lens and having a full field peripheral view in both eyes.

7."Vision specialist" means a North Dakota licensed physician or optometrist.

History

• History: Effective December 1, 1988; amended effective July 1, 2000.

N.D. Admin. Code 37-08-01-02 Correction only by corrective or special visual device

When correction is needed, only the use of a corrective or special visual device is permitted.

History

• History: Effective December 1, 1988.

N.D. Admin. Code 37-08-01-03 Visual acuity requiring road test

Visual acuity less than 20/60 requires a road test regardless of the corrective or special visual device being used.

History

• History: Effective December 1, 1988; amended effective May 1, 1994; July 1,2000.

N.D. Admin. Code 37-08-01-04 Medical advisory board review

Whenever the visual acuity is less than 20/80 or field of vision less than 105 degrees, the medical advisory board may, upon request of the drivers license and traffic safety division, review the case and make their recommendations to the director of the department of transportation or the director's agent.

History

• History: Effective December 1, 1988; amended effective July 1, 2000.

N.D. Admin. Code 37-08-01-05 Minimum vision requirements and restrictions

Applicants and operators requesting or maintaining a North Dakota license or permit and who meet the following minimum vision standards, as established by the drivers license and traffic safety division, shall comply with the associated requirements and restrictions (which are nonexclusive):

Minimum visual acuity Requirements and restrictions with or without corrective or special device.

1. 20/40 for person having one-eyed vision (f, h).

2. 20/50 for person having one-eyed vision (a, b, d, f, h).

3. 20/60 for person having one-eyed vision (a, b, d, f, h).

4. 20/40 each eye (f).

5. 20/50 each eye (a, b, f).

6. 20/50 better eye 20/60 or less other eye (a, b, d, f).

7. 20/60 better eye 20/60 or less other eye (a, b, d, f).

8. 20/70 better eye 20/80 - 20/100 other eye (a, b, c, e, f, g).

9. 20/80 better eye 20/80 - 20/100 other eye (a, b, c, e, f, g).

10.Requirements and restriction code:

a.Daylight driving only.

b.Vision specialist recommendations.

c.Vision recheck within one year.

d.Vision recheck within two years.

e.Road test.

f.Field of vision report:

Horizontal visual field of 105 degrees or better. Can be obtained by totaling the temporal readings of both eyes or temporal plus nasal in one eye.

g.Report any eye disease or injury.

h.Outside mirror.

11.Except as provided in North Dakota Century Code section 39-08-21, the driver of a commercial class A, B, or C motor vehicle shall comply with the federal motor carrier regulations, pursuant to 49 CFR section 391.41(b)(10).

History

• History: Effective December 1, 1988; amended effective March 1, 1992; May 1,1994; July 1, 2000.

Article 37-09 Disclosure of Body Damage to Motor Vehicle

Chapter 37-09-01 Application and Requirements of Disclosure

N.D. Admin. Code 37-09-01-01 Definitions

The definitions provided in North Dakota Century Code title 39 apply to this article, except "motor vehicle" is exclusive of off-highway vehicles, snowmobiles, and low-speed vehicles.

History

• History: Effective April 1, 1992; amended effective July 1, 2008.

N.D. Admin. Code 37-09-01-02 Damage disclosure statement - Contents

The damage disclosure statement must contain the name and address of the transferor, a statement as to whether the motor vehicle has sustained damage during the time period the transferor owned the vehicle, and the name and address of the transferee. The damage disclosure statement must be completed, signed, and certified by the transferor.

History

• History: Effective April 1, 1992; amended effective April 1, 2014.

N.D. Admin. Code 37-09-01-03 Damage disclosure statement - When required

A damage disclosure statement must be completed prior to the transfer of the title on all current year models of motor vehicles and those models manufactured in the seven years previous to the current model year.

History

• History: Effective April 1, 1992; amended effective July 1, 2008.

N.D. Admin. Code 37-09-01-04 Damage verification statement

If the damage disclosure statement reveals a damage, the transferor must complete a damage verification statement. The damage verification statement must provide for:

1.The title number, serial number or vehicle identification number, make, model, and year of the motor vehicle.

2.A brief description of the cause of the damage and an explanation of the nature of the damage sustained.

N.D. Admin. Code 37-09-01-05 Salvage and junk motor vehicles

Prior to the transfer of title, a damage verification statement is required for all motor vehicles titled pursuant to North Dakota Century Code section 39-05-20.2.

N.D. Admin. Code 37-09-01-06 Damage information placed on title

When a damage verification statement has been filed, the North Dakota department of transportation must record on the title to the damaged motor vehicle a statement to the effect that the department records indicate that the motor vehicle has sustained damage. This information must be placed on all subsequent titles issued on the damaged motor vehicle. Additionally, a statement on vehicle damage may be entered on the registration card for such vehicle.

N.D. Admin. Code 37-09-01-07 Effective date of chapter

This chapter is effective April 1, 1992, and is prospective in application.

Article 37-10 Commercial Driver's License

Chapter 37-10-00.1 Definition

N.D. Admin. Code 37-10-00.1 Definition

ARTICLE 37-10

COMMERCIAL DRIVER'S LICENSE

Chapter 37-10-00.1Definition 37-10-01Out-of-Service Order Violations 37-10-02Railroad-Highway Grade Crossing Violations 37-10-03Hazardous Materials Endorsement

CHAPTER 37-10-00.1

DEFINITION

Section 37-10-00.1-01Definition 37-10-00.1-01. Definition.

As used in this article, "out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is out-of-service pursuant to 49 CFR 386.72, 392.5, 395.13, or 396.9, or compatible laws, or the North American uniform out-of-service criteria.

History: Effective January 1, 2006.

General Authority: NDCC 39-06.2-14

Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.5

Chapter 37-10-01 Out-of-Service Order Violations

N.D. Admin. Code 37-10-01-01 Out-of-service order - Driving of commercial motor vehicle prohibited - Alcohol-related offenses

1.Prohibited alcohol offenses for commercial motor vehicle drivers. Notwithstanding any other provision of law, a person may not drive, operate, or be in actual physical control of a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol in the person's system.

2.In addition to any other sanctions that may be imposed under law a person who drives, operates, or is in actual physical control of a commercial motor vehicle within this state must be placed out of service for twenty-four hours if the person:

a.Has any measurable or detectable amount of alcohol in the person's system;

b.Has a blood-alcohol concentration of at least four one-hundredths of one percent by weight; or

c.Refuses to submit to an alcohol test under North Dakota Century Code section 39-06.2-10.

3.The out-of-service order must show the halting officer's reason for stopping or detaining the commercial motor vehicle driver and must show that the halting officer had reasonable grounds to believe the person was driving or in actual physical control of a commercial motor vehicle, that the person was lawfully detained, and that the person:

a.Had any measurable or detectable amount of alcohol in the person's system;

b.Had a blood-alcohol concentration of at least four one-hundredths of one percent by weight; or

c.Refused to submit to an alcohol test under North Dakota Century Code section 39-06.2-10.

Any out-of-service order must be issued prior to the end of the detention of the driver. The law enforcement officer shall sign and note the time and date of the issuance on the out-of-service order.

4.The out-of-service order prohibits the person named in the order from driving a commercial motor vehicle for a period of twenty-four hours from the time of the issuance of such order.

The driving of a commercial motor vehicle while subject to an out-of-service order is a violation of North Dakota Century Code section 39-06-42.

History

• History: Effective October 1, 1993; amended effective January 1, 2006.
• Law Implemented: NDCC 39-06.2-10.9

N.D. Admin. Code 37-10-01-02 Penalty for violating out-of-service order

A person convicted of violating an out-of-service order issued under section 37-10-01-01 is deemed to have committed the offense of driving under suspension under North Dakota Century Code section

N.D. Admin. Code 39-06-42 The suspension periods for driving a commercial motor vehicle in violation of the out-of-service order are:

1.For a first violation, the driver must be suspended for a period of one hundred eighty days;

2.For a second violation within ten years arising from separate incidents, the driver must be suspended for a period of two years; and

3.For a third or subsequent violation within ten years arising from separate incidents, the driver must be suspended for a period of three years.

If the violation occurred while transporting hazardous material required to be placarded or while operating a motor vehicle designed to transport sixteen or more passengers including the driver, the suspension period must be one hundred eighty days for a first violation and three years for each subsequent violation arising from a separate incident during a ten-year period.

History

• History: Effective June 1, 1998; amended effective July 1, 2009.

N.D. Admin. Code 37-10-01-03 Out-of-service order - Driving of commercial motor vehicle prohibited

1.Notwithstanding any other provision of law, a person may not drive or operate a commercial motor vehicle within this state when the driver has been placed out of service, the commercial motor vehicle has been placed out of service, or the motor carrier operation has been placed out of service.

2.No employer may knowingly allow, require, permit, or authorize a driver to operate a commercial motor vehicle during any period in which the driver, the commercial motor vehicle the individual is driving, or the motor carrier operation is subject to an out-of-service order.

History

• General Authority: NDCC 39-06.2-05, 39-06.2-14
• Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.37

N.D. Admin. Code 37-10-01-04 Extension of commercial license suspension or revocation for violating an out-of-service order

The director, who shall follow the administrative hearing procedures provided in North Dakota Century Code section 39-06.2-10, upon receiving a record of the conviction of any person upon a charge of driving a commercial motor vehicle while the commercial driver's license or commercial driving privileges of the person, the commercial motor vehicle, or the motor carrier operation were placed out of service, shall extend the period of that suspension or revocation for:

1.A period of ninety days for a conviction of a first violation of an out-of-service order;

2.A period of one year for a second conviction within ten years in a separate incident of violating an out-of-service order;

3.A period of three years for a third or subsequent conviction within ten years in separate incidents of violating an out of service order;

4.A period of one hundred eighty days, if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded, or while operating a commercial motor vehicle designed to transport sixteen or more passengers, including the driver; or

5.A period of three years, if the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded, or while operating commercial motor vehicles designed to transport sixteen or more passengers, including the driver.

N.D. Admin. Code 37-10-01-05 Extension of commercial license suspension or revocation

The director, who shall follow the administrative hearing procedures provided in North Dakota Century Code section 39-06.2-10, upon receiving a record of the conviction of any person upon a charge of driving a commercial motor vehicle while the commercial driver's license or commercial driving privileges of the person are suspended, revoked, or canceled shall extend the period of that suspension, revocation, or cancellation or otherwise disqualified for:

1.A period of one year if the operator's record shows the person's commercial driver's license or commercial driving privileges have not previously been suspended, revoked, canceled, or otherwise disqualified;

2.Lifetime if the operator's record shows the person's commercial driver's license or commercial driving privileges have previously been suspended, revoked, canceled, or otherwise disqualified for any of the major offenses under 49 CFR 383.51(b); or

3.A period of three years, if the driver is convicted of a first violation of driving while privileges are suspended, revoked, canceled, or otherwise disqualified while transporting hazardous materials required to be placarded, or while operating commercial motor vehicles designed to transport more than sixteen passengers, including the driver.

N.D. Admin. Code 37-10-01-06 Certain disqualifications to run concurrently

Any suspension ordered by the administrator under 49 CFR 383.52 must run concurrently with any other existing suspension, revocation, cancellation, or denial of licensing.

History

• Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.52

N.D. Admin. Code 37-10-01-07 Civil penalty for driver conviction of out-of-service order

Any driver who is convicted of violating an out-of-service order in which the driver, the vehicle, or the motor carrier operation has been placed out of service, is subject to a civil penalty of not less than two thousand five hundred dollars for a first conviction and not less than five thousand dollars for a second or subsequent conviction. Prior to a civil penalty being imposed, a driver has a right to an administrative hearing as provided for in North Dakota Century Code section 39-06.2-10.

History

• General Authority: NDCC 39-06.2-10.9
• Law Implemented: 49 CFR 383.53

N.D. Admin. Code 37-10-01-08 Civil penalty for employer conviction of out-of-service order

Any employer who is convicted of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle during any period in which the driver is subject to an out-of-service order, the commercial motor vehicle the driver is operating is subject to an out-of-service order, or the motor carrier operation is subject to an out-of-service order, is subject to a civil penalty of not less than two thousand seven hundred fifty dollars and not more than twenty-five thousand dollars.

Prior to a civil penalty being imposed, an employer has a right to an administrative hearing as provided for in North Dakota Century Code section 39-06.2-10.

History

• Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.53

Chapter 37-10-02 Railroad-Highway Grade Crossing Violations

N.D. Admin. Code 37-10-02-01 Employer violation for railroad-highway grade crossing

An employer may not knowingly allow, permit, or authorize a driver to operate a commercial motor vehicle in violation of a railroad-highway grade crossing under North Dakota Century Code section 39-06.2-10.

History

• History: Effective January 1, 2006.
• General Authority: NDCC 39-06.2-14
• Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.37

N.D. Admin. Code 37-10-02-02 Civil penalty for employer conviction of railroad-highway grade crossing

Any employer who is convicted of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle in violation of a railroad-highway grade crossing under North Dakota Century Code section 39-06.2-10 is subject to a civil penalty of not more than ten thousand dollars. Prior to a civil penalty being imposed, an employer has a right to an administrative hearing as provided for in North Dakota Century Code section 39-06.2-10.

History

• History: Effective January 1, 2006.
• General Authority: NDCC 39-06.2-14
• Law Implemented: NDCC 39-06.2-10; 49 CFR 383.37(d)

Chapter 37-10-03 Hazardous Materials Endorsement

N.D. Admin. Code 37-10-03-01 Transportation security administration approval of hazardous materials endorsement issuances

The director may not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver's license to any individual authorizing that individual to operate a commercial motor vehicle transporting a hazardous material in commerce unless the transportation security administration has determined that the individual does not pose a security risk warranting denial of the endorsement.

The director shall immediately revoke or deny an individual's hazardous materials endorsement if the transportation security administration serves the state with an initial determination of threat assessment and immediate revocation. The director shall, within fifteen days, revoke or deny the individual's hazardous materials endorsement if the transportation security administration serves the state with a final determination of threat assessment.

History

• History: Effective July 1, 2009.
• General Authority: NDCC 39-06.2-14
• Law Implemented: 49 CFR 383.141, 49 CFR 1572.13

Article 37-11 Tourist-Oriented Directional Signs

Chapter 37-11-01 General Policy

N.D. Admin. Code 37-11-01-01 Definitions

As used in this article:

1."Advance signs" means supplemental tourist-oriented directional signs that are placed in advance of regular tourist-oriented directional signs in instances where the tourist-oriented directional signs are difficult to see due to topographic or geometric roadway features.

2."Department" means the department of transportation.

3."Director" means the director of the department of transportation or an authorized agent of the director.

4."Permittee" means the party to whom a tourist-oriented directional sign permit is issued.

5."Person" includes every natural person, firm, copartnership, association, corporation, limited liability company, or limited partnership.

6."Sight distance" means the distance provided to allow a driver to safely stop a car at the posted highway speed.

7."Trail blazing signs" means signs placed along an entrance road when the motorist requires additional instruction after having left the state highway.

N.D. Admin. Code 37-11-01-02 Application

Every person requesting a tourist-oriented directional sign shall make application on a form prescribed by the director.

N.D. Admin. Code 37-11-01-03 Applicant requirements

A person applying for a tourist-oriented directional sign must:

1.Be engaged in a business, service, or activity as defined in North Dakota Century Code

section 39-13-09.

2.Derive a major portion of income, or visitors, from tourists who do not reside in the immediate area of the business, service, or activity.

3.Provide trail blazing signs if needed.

4.Obtain local authorization when the sign is located within city limits.

5.Provide such other information as the director may require.

N.D. Admin. Code 37-11-01-04 Priority of applicants

If the applications for tourist-oriented directional signs exceed the number of sign face spaces available, the department will give priority to applications by the time they are received in the department central office in Bismarck, North Dakota, 608 east boulevard avenue. Those applications that cannot be honored will be returned to the applicant who may reapply when space is available. The department will not hold applications pending available space nor provide notice of available space.

N.D. Admin. Code 37-11-01-05 Exclusions

1.A person advertising on an illegal advertising device, as defined under North Dakota Century Code chapter 24-17 or 23 U.S.C. 131, which advertises the same business, service, or activity as the proposed tourist-oriented directional sign is not eligible for a permit.

2.A person conducting any illegal operations is not eligible for a permit.

N.D. Admin. Code 37-11-01-06 Time of operation

To be eligible for a permit a business, service, or activity must be open during normal hours of operation for a similar business, service, or activity in the locality or provide the hours of operation as a

part of the tourist-oriented directional sign message.

N.D. Admin. Code 37-11-01-07 Seasonal closure

A business, service, or activity operating on a seasonal basis, or closed for more than fourteen consecutive days, shall remove the sign face or display a "CLOSED" message plate. The "CLOSED" message plate must be fabricated and installed in accordance with the specifications in this article.

Removal or installation of sign faces or plates must be done by a qualified contractor or by a qualified contractor's authorized representative. Intermittent operation is not allowed unless the dates of operation are shown on the tourist-oriented directional sign.

Chapter 37-11-02 Permits

N.D. Admin. Code 37-11-02-01 Permit duration and fee

Every application must be accompanied by a fee in the amount of twenty-five dollars for a permit valid for the life of the sign. See section 37-11-01-03 regarding applicant requirements.

History

• General Authority: NDCC 38-13-09

N.D. Admin. Code 37-11-02-02 Permit ownership

Permits are not transferable and remain the property of the department. The permit does not convey any property right in the highway right of way.

N.D. Admin. Code 37-11-02-03 Permit revocation

A permit may be revoked for the following reasons:

1.If the department determines that a permittee is not legally entitled to the permit because the business, service, or activity is no longer available to tourists, or that the permittee has violated the terms of the permit, this article, or North Dakota Century Code chapter 39-13-09.

2.For failure to maintain a sign, which consists of the permittee's failure to repair or replace a sign face that has been damaged or defaced. The department shall give the permittee notice of the need to repair or replace the sign and the permittee shall have ninety days from the date of such notice to repair or replace the sign.

The department shall send notice of permit revocation to the permittee and set forth the basis for the revocation. The permittee shall have thirty days from the date of notice in which to remove the sign.

N.D. Admin. Code 37-11-02-04 Structure ownership

Sign structures become the property of the department upon erection on the highway right of way.

The department has the authority to control the use of the structure by issuing up to four permits per sign face structure.

N.D. Admin. Code 37-11-02-05 Sign face ownership

The sign face remains the property of the permittee, unless abandoned or removed by the department. The permittee may remove a sign face at any time. If such removal is permanent, the permittee shall notify the department.

Chapter 37-11-03 Sign Installation and Relocation

N.D. Admin. Code 37-11-03-01 Location of signs

All tourist-oriented directional signs must be erected adjacent to the edge of the right-of-way line and on the ditch backslope. Tourist-oriented directional signs must be located more than two hundred feet [60.96 meters] in advance of the entrance road intersection and within ten miles [16.09 kilometers] of the business, service, or activity. Tourist-oriented directional signs may not be located, erected, or maintained in any place or manner as to obstruct or interfere with a free and clear view of merging or crossing traffic or otherwise create a hazard to the safety of the public.

N.D. Admin. Code 37-11-03-02 Urban locations

An applicant for a tourist-oriented directional sign located within the limits of a city must also obtain the written consent of the city to erect the sign. In addition, the location and erection of an urban tourist-oriented sign may not:

1.Block or obstruct the visibility of official traffic-control devices.

2.Hinder pedestrian or bicycle traffic.

3.Be located closer than two feet [.61 meters] to the face of a curb on a highway having curb and gutter.

The spacing requirements of section 37-11-03-06 do not apply to urban locations.

N.D. Admin. Code 37-11-03-03 Advance signing

The director may require the installation of advance tourist-oriented directional signs if the director determines, on the basis of traffic engineering criteria, that such signs improve traffic safety in the area of the intersection with the entrance road.

N.D. Admin. Code 37-11-03-04 Trail blazing signs

Trail blazing signs are required when the business, service, or activity cannot be readily located by a motorist from the highway intersection with the entrance road, or when the business, service, or activity is not located near an exit from a highway upon which tourist-oriented directional signs are permitted.

N.D. Admin. Code 37-11-03-05 Expressways

Tourist-oriented directional signs may be located on divided and undivided multilane expressways as on two-lane highways, except that a tourist-oriented directional sign may not be placed within two hundred feet [60.96 meters] of the ramp taper of an interchange or the turning lane of an at-grade intersection. No tourist-oriented directional sign may be located on the interstate highway system.

N.D. Admin. Code 37-11-03-06 Spacing

Tourist-oriented directional sign structures facing one direction of traffic shall be spaced not less than two hundred feet [60.96 meters] apart.

N.D. Admin. Code 37-11-03-07 Maximum number of signs

Only two sign structures, each containing a maximum of four individual sign faces, will be allowed for each direction of travel at the entrance road intersection.

N.D. Admin. Code 37-11-03-08 Limit on number of sign faces

A business, service, or activity may normally provide only one sign face for each direction of travel on the principal route from the highway to the business, service, or activity.

N.D. Admin. Code 37-11-03-09 Back-to-back mounting

Tourist-oriented directional signs must be mounted only as prescribed by this article and may not be mounted back-to-back with any other type of sign. Tourist-oriented directional signs erected and maintained in a manner other than as prescribed in this article are deemed illegal and subject to removal under section 37-11-03-10.

N.D. Admin. Code 37-11-03-10 Sign removal and relocation

The department reserves the right to remove or relocate any tourist-oriented directional sign in the event the location of such sign is needed for highway purposes or if the sign is deemed illegal or nonconforming.

Chapter 37-11-04 Contractors and Sign Maintenance

N.D. Admin. Code 37-11-04-01 Contractor required

Tourist-oriented directional signs must be installed and maintained under an agreement between the permittee and a qualified contractor. The permittee is responsible for payment to the contractor for all services and materials rendered.

N.D. Admin. Code 37-11-04-02 Contractor qualifications

Contractors who install tourist-oriented directional signs must meet the following requirements:

1.The contractor must be licensed to do business in the state of North Dakota.

2.The contractor must carry public liability and property damage insurance as follows:

a.Coverage. Protection against liability for bodily injury or death of persons and injury to or destruction of property which may be suffered by persons other than the contractor's employees as a result of construction operations in connection with construction of all highway projects.

b.Limits of liability. The policy must provide a limit of not less than five hundred thousand dollars for all damages arising out of the bodily injuries or death of one person, and subject to that limit for each person, a total limit of not less than one million dollars for all damages arising out of the bodily injuries to or death of two or more persons in any one accident. The policy must further provide a limit of not less than five hundred thousand dollars for all damages to or destruction of property in any one accident and subject to that limit a total (or aggregate) limit of not less than one million dollars for all damages to or destruction of property during the policy period.

Such coverage must be extended to cover any subcontractor hired by the contractor.

3.The contractor shall use proper safety practices when installing or maintaining a sign and is responsible for any damages to the right of way resulting from the installation or maintenance of the sign.

N.D. Admin. Code 37-11-04-03 Maintenance requirements

The permittee is responsible for the maintenance of the sign structure and sign face. The following standards of maintenance must be observed:

1.Any damage must be promptly repaired.

2.Sign faces must be maintained in a legible condition. Sign faces that are badly weathered, peeling, vandalized, or damaged must be considered as requiring maintenance.

N.D. Admin. Code 37-11-04-04 Neglected maintenance

If maintenance is neglected, the department shall notify the permittee, in writing, of the type of maintenance required. If the maintenance is not provided within ninety days, the department may revoke the permit and confiscate the sign face.

N.D. Admin. Code 37-11-04-05 Joint responsibility

When more than one sign face is installed, the permittees have joint responsibility for the maintenance of the sign structure.

Chapter 37-11-05 Design and Composition

N.D. Admin. Code 37-11-05-01 Specifications

The furnishing, fabricating, and installation of a tourist-oriented directional sign must be in conformance with the following standards:

1.Materials.

a.General. All materials furnished and used in this work item must be new and must meet the plans, the standard drawings, and the following requirements:

(1)Signs, supporting structures, breakaway bases, anchor units, brackets, stringers, and hardware must be fabricated to meet the dimensions, metal gauge, and bolt holes set forth in the contract and standard drawings. All flat sheet sign backings must be aluminum with reflective sheeting applied as specified.

(2)The traffic-control sign details not otherwise specified must meet the MUTCD published by the federal highway administration.

(3)All sign faces must be according to the detail drawings and the alphabets shown in the MUTCD, standard highway signs, and standard alphabets, published by the federal highway administration. Sign faces not detailed in these publications must meet the detailed drawings shown in the supplementary standard highway signs booklet published by the department.

(4)Regulatory, warning, and guide signs must be detailed and dimensioned according to detailed drawings of the standard highway signs booklet and department supplement. These detailed drawings are available to the sign fabricator upon request from the department. Signs not illustrated in these booklets must be as shown on the standard drawings. The last number in the sign numbers shown is the width of the sign required.

(5)Variable message sign dimensions have been computed by the department of transportation in order to draft these signs by mechanical means. These message computations have been tabulated and must be used to lay out these sign faces in the fabricator's shop. These tabulated sheets will be furnished to the contractor upon request after the contract has been awarded.

b.Concrete. Concrete used in this item of work must be class AE portland cement concrete mixed and proportioned as specified in section 802.

c.Reinforcing steel. The reinforcing steel must meet section 612.

d.Delineators. Delineators must meet section 894.06.

e.Hardware and fittings. Signs, supporting structures, breakaway bases, anchor units, brackets, stringers, and all hardware and fittings must meet section 894.05 A.

f.Overhead sign structures. Overhead structures must meet section 894.08.

g.Grout. Grout must meet section 806.

2.Construction requirements.

a.Locating and positioning signs and sign structures. Each sign and structure must be located according to the plans or, where necessary, for maximum effect of the sign.

Installed signs and structures will be inspected at night for maximum effect and minimum specular reflection. If any sign exhibits specular reflection or is ineffective at night, the sign must be adjusted at the contractor's expense.

Signs and delineators located less than thirty feet [9.14 meters] from the pavement edge must be erected with the sign face truly vertical and turned ninety-three degrees away from the center and direction of travel of the lane that the facility serves. Signs located thirty feet [9.14 meters] or more from the edge of the pavement edge must be erected with the sign face truly vertical and aligned ninety degrees from the center and direction of travel of the lane that the offset sign serves. Special attention must be given to the location and positioning of signs and delineators at the point where lanes divide, or on curves, to avoid specular reflection and to obtain maximum effectiveness of the facility.

b.Sign fabrication.

(1)General. All sign backing for flat sheet signs must be aluminum unless noted otherwise, with reflective sheeting applied as specified in this chapter. On large variable message signs the messages, symbols, and borders must consist of directly applied reflective sheeting cut to desired shapes. The message, symbols, and border must be applied as specified by the sheeting manufacturer.

(2)Fabrication of sign backing. Sign backings must be cut to size and shape and must be free of buckles, warps, dents, cockles, burrs, and all defects resulting from fabrication. The surface of all signs must be plane surfaces.

All cutting, shearing, and drilling or punching of holes (except mounting holes for demountable letters, numerals, symbols, and borders) must be completed before metal degreasing and application of reflective sheeting.

(3)Cleaning and processing. Cleaning and processing of sign backing must take place before applying the reflective sheeting. Cleaning and processing must be performed using the sheeting manufacturer's instructions and recommendations as well as the requirements of section 894.

All metal sign backing material must be handled only by handling devices or clean canvas gloves between cleaning and applying reflective sheeting. Metal must not come in contact with greases, oils, or other contaminants before application of reflective sheeting. When backing materials are chromate-conversion coated beforehand and are allowed to set for several days before applying reflective sheeting, the application surface must be given a solvent wipe before reflective sheeting application.

(4)Fabrication of flat sheet signs. The background or message and border must be screened on reflective sheeting as specified by the manufacturer of the reflective material and as specified here. Colors must meet the requirements of the contract and as shown in the MUTCD. Care must be taken so screening inks are compatible with reflective sheeting backgrounds.

Reflective material must meet section 894.02.

The reflective sheeting used on flat sheet sign backings larger than the manufacturer's material must require splicing. All sheeting on one individual sign must be from the same manufacturer's lot and must be spliced in one direction only.

No more than one splice is permitted per sign. Vertical splices must be in the center of the sign. Horizontal splices, if used in lieu of the vertical splice, must be in the center of the sign with the top portion overlapping the bottom portion of the sheeting when it is in the upright position. Heat-activated, adhesive-coated, reflective sheeting may be overlapped not less than three-sixteenths of one inch [4.76 millimeters] or by a butted gap not to exceed one-thirty-second of one inch [0.79 millimeters]. Splices will be permitted only on sign screens processed with transparent colors. Pressure-sensitive, adhesive-coated, reflective sheetings must be overlapped not less than three-sixteenths of one inch [4.76 millimeters].

The overlapped splice must be made without screening paints between the reflective sheeting.

The sign face must be processed and finished with material as specified by the sheeting manufacturer. Processing of type III A or III B reflective sheeting with screened-on messages must be accomplished before applying to the sign backing.

Processing of type II reflective sheeting may be accomplished before or after applying to the sign backing.

The finished signs must have a smooth, uniform surface. All letters and numbers must be clear cut and sharp.

(5)Fabrication of panel signs. The background must be applied to the panels as specified by the reflective sheeting manufacturer.

Reflective sheeting must be overlap spliced. The splice must be overlapped not less than three-sixteenths of one inch [4.76 millimeters], and sheeting applied to panels must extend over the edges and down the side legs a minimum of one-sixteenth of one inch [1.59 millimeters]. Splices must be at a ninety degree angle to the length of the panel. The splices must be uniformly and neatly made throughout their entire length. An individual panel may not have more than two splices, and the minimum distance between adjacent splices must be eight feet [2.44 meters].

(6)Date of fabrication. All signs receiving new sign facings must be dated with the month and year fabricated. The date must be placed on the back of the metal backing on the lower corner of the sign near the edge closest to traffic so that it can be read from the ground. The dating layout must consist of one-fourth inch [6.35 millimeters] high numbers on a two and one-fourth inches [57.15 millimeters] long by one and three-fourths inches [44.45 millimeters] high pressure sensitive label.

The numbers imprinted on the upper part of the label must be one through twelve, with the last two digits of four consecutive years printed across the bottom (as 92, 93, 94, 95). The month and year of fabrication must be punched out. The label must meet section 894.04. The cost of furnishing, fabricating, and installing labels must be included in the price bid for "flat sheet for signs type II and III A", "panel for signs type II and III A", "refacing signs type II and III A", or "overlay panel type II and III A".

c.Packaging, labeling, handling, and shipping. Completed signs must be dry before packaging or storing. Packaged signs that become wet before use may not be used. A warning label with instructions designed to prevent damage to the signs must be on the outside of the package, and an additional warning label must be placed in the packages between the first and second sign, before the last sign, and after each five signs in a package. Packaged signs may not be banded and must be stored and shipped on edge.

Packaging must be done so that the signs are protected during storage, shipping, and handling. Packaged signs must be slipsheeted using the material and methods recommended by the sheeting manufacturer.

Unmounted reflective sheeting may be stacked flat to a maximum height of five inches [127.0 millimeters] for temporary storage. Otherwise, they must be stored on edge. The sheeting on signs may not be exposed to temperatures above one hundred fifty degrees Fahrenheit [65.56 degrees Celsius]. The slipsheeting must be left on the sign face until mounted.

Panel signs may be assembled or separated into sections for ease in handling, storing, and shipping. In lieu of packaging, the sign faces may be turned toward each other and fastened together firmly with sufficient spacers to prevent the sign faces from touching.

Sign faces that cannot be protected by packaging or fastening face to face must have protective covers placed over them.

d.Label (handling, storage, and installation instructions). The label referred to in

section 754.03 C must contain the following instructions:

(1)Loading on vehicles. Signs must be secured vertically in racks to prevent them from rubbing, scratching, or marring front surfaces. Signs that have protective wrappings or slipsheeting must be kept dry.

Signs must be carefully unloaded and stacked on edge off the ground in an upright position.

(2)Storage at jobsite. Signs must be stored indoors and upright on edge to prevent damage to the reflective sheeting.

Signs must be kept dry. Packaged signs that get wet will be rejected.

(3)Installation.

(a)Signs must be handled carefully and not scuffed or walked on.

(b)Nylon washers must be used between flat washers and sign face for all type III and IV reflective sheeted signs.

(c)When washing signs is necessary, a soft bristle brush or sponge and water must be used.

e.Erection of sign supports and delineators.

(1)General. The engineer shall verify the support lengths on all new sign supports prior to the materials being ordered by the contractor. All sign supports must be firmly set and plumb after erection. All concrete foundations must be constructed as specified, with the top sloped enough to drain away from the sign support. All exposed concrete above ground surface must be given a rubbed finish. Excess excavation material removed to set sign supports must be disposed of at the contractor's expense. A driving cap must be used when driving a sign support.

(2)Delineator posts. Delineator posts must be driven without being damaged. If the drilled or punched hole method is used, the hole must be large enough so the post may be set without damage. Any damage to utilities or structures as a result of construction operations must be repaired according to section 105.03.

(3)Anchor for telescoping perforated tubes and flange channel supports. Anchors for telescoping perforated tubes and flange channel supports must be driven. The perforated tube anchor must be driven to a maximum of four inches [101.6 millimeters] above the ground or sidewalk and four inches [101.6 millimeters] maximum installed height aboveground or sidewalk for flange channel anchor.

Anchors must be installed at plan length, unless the engineer determines a shorter length is sufficient due to good soil bearing developed when driving the anchor.

Anchor lengths may be reduced to a minimum of three feet [.91 meters]. When set in sidewalk, the anchor plate may be omitted.

The sidewalk must be cored to install the anchor unit and the cored area must be filled with new concrete to restore the sidewalk surface.

(4)Tubular sign supports. Tubular sign supports must be set in a class AE portland cement concrete base, constructed as shown on the plans. Breakaway base plates must be assembled with the bolts torqued to plan requirements. The plates must be carefully placed so the tapered bolt slot tapers toward approaching traffic. Either the stub post or the anchor bolt design may be used as detailed. If the anchor bolt design is used, a portland cement grout must be used to raise the top of the foundation to a snug fit under the base plate.

(5)Overhead sign structures. All overhead sign structures must be shop fabricated so only bolted assembly is required in the field. Drilling to fasten an overhead sign to a bridge is permitted, but field welding is not permitted.

Overhead sign structures, other than those fastened to bridges, must be set on class AE portland cement concrete foundations as required. The foundation may be constructed to grade elevation with the top surface level so the support set on it is truly vertical, or the foundation may be constructed below grade and leveling nuts used to level the base plate and bring it to grade. A portland cement grout must be used to fill the voids between the foundation and the base plate.

(6)Splicing. Splicing is permitted on telescoping and flange channel posts only to obtain the required post length. A splice must be more than five feet [1.52 meters] above the ground, and only one splice is permitted per post. Splicing costs must be at the contractor's expense. The weight of the splice may not be added to the post pay weight.

(7)W-shaped sign supports.

(a)W-shaped sign supports must be set in a class AE portland cement concrete base, constructed as shown on the plans. Breakaway base plates must be assembled with the bolt torqued to plan requirements. The plates must be carefully placed so the tapered bolt slot tapers toward approaching traffic.

W-shaped supports must use the stub post design.

The contractor may install an H-pile footing in lieu of the concrete base. If the bearing capacity specified cannot be obtained, the contractor shall install the concrete base specified.

(b)Flame cutting of w-shaped posts. The gas cutting torch may be used for cutting metals or preparing joints. Carbon steel above 0.30 percent carbon, high alloy steels, heat-treated steel, and plated metals may not be flame cut unless subsequent corrective treatment is provided as approved by the materials and research engineer.

All flame cutting work must be done by the oxyacetylene gas method or other method approved by the engineer. The maximum permissible deviation from true lines is one-sixteenth of one inch [1.59 millimeters]. Repairs of edge defects shall be done according to section 3.2 of AWS structural welding code, as amended by AASHTO specifications for welding of structural steel highway bridges. In general, the roughness of flame cut surfaces may not be greater than an ANSI roughness value of one thousand microinches. All slag from flame cutting must be completely removed.

When flange plates or other members are cut to a curve, the curve must be uniform to the radius required. A series of straight cut tangent to the curve is not acceptable.

When ends of members, which are to take bearing, are cut with a torch a suitable allowance in their length must be made to permit proper milling or planing.

Joints for welding may be prepared by "flame cutting" or "flame gouging" provided all slag and oxidized metals are removed.

(c)Edge finishing. Members formed to specific size by shearing of structural steel plates having a thickness of one-half inch [12.7 millimeters] or more, must be machined or planed to correct size by removing not less than one-fourth inch [6.35 millimeters] of metal. All field splice plates and stiffeners less than one-half inch [12.7 millimeters] in thickness must have a minimum of one-eighth inch [3.18 millimeters] of metal removed by machining or planing after shearing.

f.Mounting flat sheet signs type III A and III B sheeting. Flat sheet signs must be bolted to the supports and must have a nylon washer between the flat washer and the sign face.

g.Removing and resetting signs and supports. Existing signs and supports must be removed and reset as specified. All signs and supports not to be reset must be stockpiled on the project right of way at designated locations. The stockpiled signs and supports remain the department's property.

Removed or reset signs and supports that become damaged during removing, resetting, or stockpiling must be replaced at the contractor's expense.

Existing signs and supports must be removed as construction progresses and must be immediately reset or installed. The contractor shall install new signs or reset signs as shown on the plans. All signs and supports must be on the project site at the time construction begins. The contractor may choose to temporarily reset existing signs, or temporarily install new signs. The cost of installing and resetting signs temporarily must be included in the price bid for other items. Any damaged signs or supports must be replaced at the contractor's expense.

N.D. Admin. Code 37-11-05-02 Sign face backing

The sign backing material must be one piece of flat sheet aluminum seventy-two inches [1.83 meters] by sixteen inches [406.4 millimeters] with a minimum thickness of 0.125 inches [3.18 millimeters].

N.D. Admin. Code 37-11-05-03 Reflective sheeting material

The reflective sheeting material used for the sign face must be a standard blue background with a silver white border and message. Borders must be one inch [25.4 millimeters] wide. Letters must be six-inch [152.4-millimeter] series C, uppercase. Letter details are available from the department.

N.D. Admin. Code 37-11-05-04 Sign messages

Each sign face is allowed a maximum of two lines of legend. The content of the legend is limited to identification of the business, service, or activity, the distance thereto, directional information, a directional arrow, and the time of operation. Left-turn directional arrows and corresponding distance information must be placed to the left of the written message. Right-turn directional arrows and corresponding distance information must be placed to the right of the written message. Straight ahead arrows and corresponding distance information must be placed to the left of the written message.

Symbols may be incorporated as alternates to word messages. Symbols must be either five inch [127.00 millimeters] square or twelve inch [304.80 millimeters] square and attached to the sign face.

Symbol sign design must be in accord with department specifications. Proprietary logos for specific businesses, services, or activities may not be used. Sign face legends are subject to approval by the department and must be submitted with the permit application.

N.D. Admin. Code 37-11-05-05 "Closed" plate

The "closed" plate must meet the same requirements as the sign face backing and have blue reflective sheeting and a one-inch [25.4-millimeter] silver white border. The letters must be six-inch [152.4-millimeter], series C, uppercase. The plate shall be thirty inches [762.00 millimeters] by a minimum of ten inches [254.00 millimeters].

N.D. Admin. Code 37-11-05-06 Height of sign

The tourist-oriented directional sign structure must be installed so that the top of the signposts are ten feet [3.05 meters] above the ground line.

Article 37-12 Motor Vehicle Division

Chapter 37-12-01 Motor Vehicle Dealer Licensing

N.D. Admin. Code 37-12-01-01 General considerations and dealer qualifications

1.Definitions. The terms used throughout this chapter have the same meaning as in North Dakota Century Code title 39, except "new motor vehicle" means a motor vehicle which has never been taxed and titled.

2.Dealer's license certificate. Every dealer license shall be evidenced by a certificate furnished by the motor vehicle division director. For a new or used motor vehicle dealer's license, the certificate shall be form MVD-28. Each dealer shall be required to prominently display the certificate in the office area of the place of business.

History

• History: Effective July 1, 2008.
• General Authority: NDCC 39-22-10(2)
• Law Implemented: NDCC 39-05-01, 39-22-02, 39-22-04, 39-22-05

Chapter 37-12-02 Special Motor Vehicles

N.D. Admin. Code 37-12-02-01 General considerations

1.Scope. Vehicles constructed, reconstructed, or modified shall comply with all provisions of North Dakota Century Code chapter 39-21 and any other applicable provision of North Dakota Century Code title 39, unless specifically excepted. The requirements of this chapter shall not supersede the original and unaltered design, construction, or equipment standards of motor vehicles manufactured by a recognized manufacturer.

2.Definitions. The terms used throughout this chapter have the same meaning as in North Dakota Century Code title 39, except:

a."Recognized manufacturer" means a manufacturer of motor vehicles intended for use on the public roadways and for distribution and sale in interstate commerce.

b."Recognized manufacturer or assembler" means every fabricator of a special vehicle assembled in its entirety as a complete product for use on the public roadways.

c."Special motor vehicles" means any vehicles equipped with two or more axles having at least two wheels per axle, and which are intended for use on public highways. The term "special motor vehicle" includes the following types:

(1)Type I - Those vehicles which are restored to or retain their original configuration but which may contain changed steering, brake, power train, or suspension systems.

(2)Type II - Those vehicles changed from the recognized vehicle manufacturer's original body configuration but which retain the general appearance of the original vehicle. This type may include changes and modifications to engine, chassis, brake system, power train, steering, and suspension systems.

(3)Type III - Other than type I and type II special vehicles, those vehicles custom built with fabricated parts, or parts taken from existing vehicles.

3.Manufacturer's certification. The manufacturer or assembler of a special vehicle (type I, II, or III) shall provide a certification of fact that the vehicle is designed and manufactured for use on the public roadway and complies with the performance and equipment requirements of this

chapter. Nothing contained in this chapter shall preclude the motor vehicle division director from requiring a certificate of inspection to ensure compliance with the standard.

History

• History: Effective July 1, 2008; amended effective January 1, 2021.

N.D. Admin. Code 37-12-02-02 Body requirements

1.Door latches. Every special motor vehicle that is equipped with doors leading directly into a compartment that contains one or more seating accommodations shall be equipped with mechanically actuated door latches which firmly and automatically secure the door when pushed closed and which allow each door to be opened from the inside by the actuation of a convenient lever, handle, or other suitable device.

2.Floor pan. Every special vehicle shall be equipped with a floor pan under the entire passenger-carrying compartment. The floor pan shall support the weight of the number of occupants that the vehicle is designed to carry. The floor pan shall be so constructed that it prevents the entry of exhaust fumes.

3.Hood latches. A front-opening hood shall be equipped with a primary and secondary latching system to hold the hood in a closed position.

4.Instrumentation and controls. Every special vehicle shall be equipped with a circular steering wheel with an outside diameter of not less than thirteen inches [33.02 centimeters].

5.Rearview mirror. Every special vehicle shall be equipped with a rearview mirror having substantially unit magnification. It shall be mounted in such a position that it affords the driver a clear view of a straight level road surface at least two hundred feet [60.96 meters] to the rear. If an inside mirror does not give a clear view to the rear, a driver's side outside mirror shall be required in lieu thereof. The mirror mounting shall provide for mirror adjustment by tilting in both horizontal and vertical directions. Each mirror shall have a minimum of ten square inches [64.52 square centimeters] of reflective surface.

History

• History: Effective July 1, 2008; amended effective January 1, 2021.

N.D. Admin. Code 37-12-02-03 Chassis requirements

1.Brakes. Every special motor vehicle shall be equipped with parking brakes operating on at least two wheels on the same axle which when applied shall be capable of producing a tire to road braking force of not less than twenty-five percent of the gross vehicle weight on a level, dry, concrete or asphalt surface free from loose material. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.

2.Bumpers. Every special motor vehicle shall be equipped with a bumper both on the front and rear of the vehicle with the exception of type I and type II special vehicles where the original or predominant body configuration, provided by a recognized manufacturer, did not include such bumper or bumpers in the design of the vehicle. Type I and type II special vehicles, not excepted as noted above, and all type III special vehicles shall be equipped with horizontal load-bearing bumpers or customized bumpers or grill bars of a sturdy construction which have at least an evenly distributed portion of their horizontal load-bearing width within fourteen inches and twenty-two inches [35.56 centimeters and 55.88 centimeters] above a level road surface and which extend no less than the width of their respective wheel track distances, when these distances are measured to the width of standard size tires. The horizontal bumper or customized bumper or grill bar structure shall be at least four and one-half inches [11.43 centimeters] in vertical height and centered on the vehicle's centerline, and attached to the vehicle frame to effectively transfer impact when engaged.

3.Exhaust system.

a.Every special motor vehicle shall be equipped with an exhaust system that is free of leaks, including the exhaust manifolds (including headers), the piping leading from the flange of the exhaust manifolds, the mufflers, and the tailpiping.

b.Exhaust systems on property-carrying vehicles shall discharge the exhaust fumes to the rear of that part of the vehicle designed for, and normally used for, carrying the driver and passengers.

c.Exhaust systems on passenger vehicles shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows.

d.No part of the exhaust system shall pass through any area of the vehicle that is used as a passenger-carrying compartment.

4. Fenders. All wheels of every special motor vehicle shall be equipped with fenders designed to cover the entire tire tread width that comes in contact with the road surface. Coverage of the tire tread circumference shall be from at least fifteen degrees in front to at least seventy-five degrees to the rear of the vertical centerline at each wheel measured from the center of wheel rotation. At no time shall the tire come in contact with the body, fender, or chassis of the vehicle.

5.Fuel system.

a.Every special motor vehicle shall have all fuel system components (tank, tubing, hoses, clamps, etc.) securely fastened to the vehicle with fasteners designed for that purpose, and fastened to assure that the fuel system shall be leakproof and fastened so as not to interfere with the vehicle operation.

b.Fuel lines shall be positioned so as not to be in contact with high temperature surfaces or moving components.

6.Steering and suspension.

a.A special motor vehicle shall have no parts extending below the wheel rims in their lowest position, excepting tires and electric grounding devices designed for the purpose.

b.The steering system shall remain unobstructed when turned from lock to lock.

c.The steering wheel shall have not less than two turns nor more than six turns when turning the road wheels from lock to lock.

d.While the vehicle is in a sharp turn at a speed between five miles and fifteen miles [8.05 kilometers and 24.14 kilometers] per hour, release of the steering wheel shall result in a distinct tendency for the vehicle to increase its turning radius.

e.No special motor vehicle shall be constructed or loaded so that the weight on the wheels of any axle is less than thirty percent of the gross weight of the vehicle.

f.Special vehicles shall be equipped with a damping device at each wheel location providing a minimum relative motion between the unsprung axle and wheel and the chassis body of plus and minus two inches [5.08 centimeters]. When each corner of the vehicle is depressed and released, the damping device shall stop vertical body motion within two inches [5.08 centimeters].

7. Tires. The front tires on special motor vehicles must measure a minimum of sixty percent of the tread width of the rear tires.

History

• History: Effective July 1, 2008.

N.D. Admin. Code 37-12-02-04 Electrical systems requirements - Horn

Every special vehicle shall be equipped with a horn that is electrically operated and that will emit a minimum sound level of eighty-five decibels measured at a distance of two hundred feet [60.96 meters] directly in front of the vehicle under clear weather conditions. The switch used to actuate the horn shall be easily accessible to the driver when operating the vehicle.

History

• History: Effective July 1, 2008.

Chapter 37-12-03 Compulsory Security Requirements of the North Dakota Auto Accident Reparations Act

N.D. Admin. Code 37-12-03-01 Definitions

The terms used throughout this chapter have the same meaning as in North Dakota Century Code title 39, except:

1."Insurance policy" means security as required by North Dakota Century Code chapter 26.1-41, either by a policy issued by a basic no-fault insurer or a plan of self-insurance.

2."Insurer" means a basic no-fault insurer or qualified self-insurer.

History

• Law Implemented: NDCC 26.1-41-01

N.D. Admin. Code 37-12-03-02 Information requirements

1.Basic information. Every owner when applying for registration, reregistration, or transfer of ownership shall supply any information the motor vehicle division director reasonably requires to determine that the vehicle is covered by security. Such information shall be furnished by the owner by completing either form SFN 2475, SFN 2870, SFN 2872, or SFN 2875.

2. Additional information. The owner shall provide such additional information as the motor vehicle division director shall request when the records of the department indicate that an insurance policy is not in effect or as circumstances indicate such information is necessary.

3.Insurance policy effective date. All insurers shall comply with all written requests from the department to furnish information concerning the effective date of an insurance policy.

History

• Law Implemented: NDCC 26.1-41-02

N.D. Admin. Code 37-12-03-03 Suspension and surrender of registration certificate and license plates

1. Reason for suspension. If the department records indicate that any owner has ceased to maintain an insurance policy, the motor vehicle division director shall suspend the registration certificate and license plates for the vehicle and shall demand their immediate surrender by the owner. The motor vehicle division director may direct any peace officer to serve an order of suspension and secure any registration certificate and license plates not surrendered.

2. Replacement certificate and plates. Upon certification that the vehicle is covered by an insurance policy and application and payment of the applicable fees, the motor vehicle division director shall issue a replacement registration certificate and license plates to the owner of a vehicle for which the registration certificate and license plates have been suspended.

History

• Law Implemented: NDCC 39-04-05(7), 39-04-06

Chapter 37-12-04 Obtaining Certificate of Title for Untitled Vehicles

N.D. Admin. Code 37-12-04-01 Procedure

If a North Dakota resident owns a vehicle for which the resident is unable to obtain a proper certificate of title, the motor vehicle division will use the following forms and procedures to determine ownership of a vehicle and issue a certificate of title:

1.A check of the records of the motor vehicle division, as well as the records of other appropriate states, will be conducted to determine if a certificate of title has previously been issued. The applicant must provide the results of a department-approved vehicle title history check.

2.If no record of a previous certificate of title is found, the motor vehicle division will issue a North Dakota certificate of title to the applicant upon receipt of:

a.A notarized bill of sale.

b.A photograph of the vehicle identification number plate.

c.Current photographs of the front, side, and rear of the vehicle.

d.Copy of North Dakota driver's license or North Dakota state-issued identification.

e.SFN 60689 statement of fact is required if the vehicle will not be registered.

f.A vehicle statement of ownership from the applicant (form SFN 2903).

g.An inspection of the vehicle by a business that is registered with the secretary of state, is in good standing, and offers vehicle repair to the public. The business completing the certificate of inspection may not be the business that reconstructed the vehicle and must state the vehicle is in compliance with the requirements of North Dakota Century Code

chapter 39-21 (form SFN 2486).

h.Appropriate title fee, license fees, and motor vehicle excise tax.

3.When there is no record of a previous title, the motor vehicle division will check the national crime information center computer to determine that the vehicle is not listed as a stolen vehicle.

4.If a record of a previous certificate of title is found, the motor vehicle division will advise the applicant of the name and address of the last owner of the vehicle but will take no further action to issue a certificate of title. The applicant must obtain the certificate of title from the last owner or obtain an order of the court awarding ownership to the applicant.

History

• History: Effective July 1, 2008; amended effective April 1, 2014; January 1, 2021.
• General Authority: NDCC 39-05-20(1)
• Law Implemented: NDCC 39-05-20(1)

Chapter 37-12-05 Inspection of Salvage Vehicles

N.D. Admin. Code 37-12-05-01 Procedure

A business that is registered with the secretary of state, is in good standing, and offers motor vehicle repair to the public, when inspecting a salvage vehicle under the provisions of North Dakota Century Code section 39-05-20.2, must physically inspect the following equipment to determine it is in compliance with the provisions of North Dakota Century Code chapter 39-21 and North Dakota Administrative Code article 37-12: headlights, turn signals, windshield, mirrors, horn, brakes, exhaust system, taillights, stoplights, license plate lights, clearance lights and reflectors, bumper heights, tires, fenders, steering wheel, steering and suspension, hood latches, door latches, floor pan, and fuel system. In addition to physically inspecting the listed equipment, a business qualified to perform inspections may require an additional statement from the rebuilder of the salvage vehicle prior to the completion of the certificate of inspection. The additional signed statement, as a part of form SFN 2486, shall require the rebuilder to certify the following:

1.The frame of the salvage vehicle was not in need of repair or has been repaired in such a manner that the repairs will not detract from the overall performance of the vehicle and the frame is now in a condition that would be comparable to the frame of a similar vehicle which had not been damaged in an accident.

2.The wheel alignment is within the tolerances allowed for vehicles of the same make, year model, and style. A business qualified to perform inspections may require this additional certification when they determine the salvage vehicle may have suffered damage to frame, chassis, or wheel alignment as a result of an accident.

History

• History: Effective July 1, 2008; amended effective April 1, 2014; January 1, 2021.
• General Authority: NDCC 28-32-02, 39-02-03
• Law Implemented: NDCC 39-05-20.2

Chapter 37-12-06 Motor Vehicle Branch Offices

N.D. Admin. Code 37-12-06-01 Motor vehicle branch office fees

Maximum fees for the following motor vehicle branch office services are listed below.

Motor Vehicle TransactionMaximum Fee Motor vehicle/New title*$10.00 Motor vehicle/Title transfer10.00 Motor vehicle/Duplicate title10.00 Motor vehicle/Registration10.00 Motor vehicle/Duplicate registration10.00 Motor vehicle/New registration2.00 Motor vehicle/Registration change10.00 Motor vehicle/Renewal10.00 Motor vehicle/Title correction10.00 Other/New mobility-impaired10.00 Other/Duplicate mobility-impaired10.00 Other/Renewal mobility-impaired10.00 Other/New personal inventory10.00 Other/Duplicate personal inventory10.00 Other/Renewal personal inventory10.00 Other/Standard permit10.00 Motor vehicle/New title branch admin2.00 Motor vehicle/Title transfer branch admin2.00 Motor vehicle/Revised title branch admin2.00 Motor vehicle/Title correction branch admin2.00 *The maximum fee for combined services, such as new title and registration and title transfer and registration is $12.00 per vehicle.

Each fee to be charged by the motor vehicle branch office must be set forth in an agreement between the branch office and the director. The director must approve the fees for each branch office.

History

• History: Effective April 1, 2014; amended effective January 1, 2021.
• General Authority: NDCC 39-02-03
• Law Implemented: NDCC 39-02-03

Article 37-13 Commercial Driver Training School Requirements

Chapter 37-13-01 Definitions

N.D. Admin. Code 37-13-01-01 Definitions

In this article, unless the context or other subject matter requires:

1."Certificate of training" means a certification of training completion of a driving course through which the graduate has completed the driving course criteria listed in section 37-13-05-02, but the training did not include thirty hours of classroom required to meet the level of knowledge or skill to attain a certificate of course completion defined in section 37-13-05-02.

2."Commercial driver training school" or "school" means a business enterprise conducted by a person for the education and training of individuals, either practically or theoretically, or both, to operate or drive a motor vehicle, and for which accepts consideration or charges tuition for the service.

3."Contract" means a signed agreement between the commercial driver training school and a student, or in the event of a minor student, a parent or legal guardian, for classroom instruction, behind-the-wheel training, internet course, or any combination thereof. The contract must state the type of training being provided, to meet either a certificate of course completion or a certificate of training standard.

4."Director" means the director of the North Dakota department of transportation, acting directly or through authorized agents.

5."Internet course" means an electronic course of instruction as authorized in North Dakota Century Code section 39-06-01.1.

6."Instructor" means an individual, whether acting on that individual's own behalf as an operator of a commercial driver training school or for a school for compensation, who teaches, conducts a class for, gives demonstrations to, or supervises practice of, an individual learning to operate or drive a motor vehicle.

7."Lesson" means a continuous period of time during which instruction is given for the purpose of operating a motor vehicle whether by classroom instruction, practice driving, or internet course. A one-hour lesson means one hour of actual instruction. Lessons consisting of actual behind-the-wheel driving are not to exceed two continuous hours. A thirty minute break is required following every two continuous hours of training per day for an individual student, but not to exceed a total of four hours per day.

8."Location" means a designated site at which the business of a commercial driver training school is transacted and its records are kept.

9."Owner" means a person, including a partnership, a corporation, or other business entity, that has a vested interest in and control over a school.

10."Safe mechanical condition" means the continual compliance with safety requirements of vehicles that are used to train students and have passed either a state safety inspection or a federal motor carrier safety administration inspection.

History

• History: Effective April 1, 2016.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 39-25-01

Chapter 37-13-02 Commercial Driver Training School Requirements

N.D. Admin. Code 37-13-02-01 Duties of director - Regulations

1.The director shall administer and enforce this chapter as necessary to protect the public.

2.The director shall inspect the school facilities, equipment of applicants and licensees, and examine applicants for instructor's and examiner's licenses or certifications as needed.

N.D. Admin. Code 37-13-02-02 School - License required - Contents of application for license

1.A commercial driver training school may not be established nor may any existing school continue to operate unless the school applies for and obtains from the director a license in the manner and form prescribed by the director.

2.The application for license must include a statement of the location of the school, the equipment, the vehicles to be used for training, courses of instruction, instructors, previous records of the school and instructors, financial statements, schedule of fees and charges, character and reputation of the operators, insurance, and any other matter as the director may prescribe for the protection of the public.

3.A commercial driver training school may be licensed to offer instruction through an internet course only.

4.The director shall issue a license indicating the type of license or restriction of instruction provided in the license.

5.The license must be displayed in a conspicuous location in the licensee's principal place of business and each branch office.

6.No license may be issued for conducting a driver training school from a temporary stand, temporary address, or a room or rooms in a hotel or motel, or through the exclusive facilities of a telephone answering service.

7.The location of the school's principal place of business and branch offices must have adequate facilities, equipment, and available space to meet the approval of the director and must also be in compliance with all applicable ordinances.

8.Each commercial driving school license application must be accompanied by a current rental or lease agreement. In case of ownership, a statement verifying ownership of the premises must be attached to the application.

9.Commercial driver training applications must be accompanied by a schedule of fees and charges. The schedule of fees and charges may be amended at any time by the licensee provided such changes in the fee schedule are filed with the director not less than ten days before they become effective. Absent proper notification to the director a fee designated and set forth in a contract must be adhered to for the duration of that contract.

History

• Law Implemented: NDCC 39-25-03, 39-25-08

N.D. Admin. Code 37-13-02-03 Expiration and renewal of licenses - Fees

1.A commercial driving school license expires on the last day of the calendar year and may be renewed upon application to the director. Each application for an original or renewal school license must be accompanied by a fee of twenty-five dollars.

2.All instructor licenses expire on the last day of the calendar year and may be renewed upon application to the director. Each application for an original or renewal license must be accompanied by a fee of ten dollars.

3.All fees collected under this chapter must be deposited in the state treasury in the state highway fund.

4.License fees may not be refunded in the event any license is rejected, suspended, or revoked.

History

• Law Implemented: NDCC 39-25-05

N.D. Admin. Code 37-13-02-04 Business records

1.A permanent record of every person given lessons or services of any kind relating to classroom, behind-the-wheel, or internet course instruction in the operation of a motor vehicle must list the following information:

a.Name of student.

b.Address of student.

c.Date of birth of student.

d.Contract number.

e.Date and type of lesson.

f.Name of instructor and instructor number.

g.Student identification number.

2.The contract must contain the original, subsequent, or renewal contract agreements entered between the school and the person receiving the lesson or other services relating to the operation of a motor vehicle. Each original, subsequent, and renewal contract must be maintained for a period of not less than three years following instruction.

3.The vehicle file must contain a current list of all vehicles used by the school for driver training purposes showing date and location of the most recent inspection and must include a copy of vehicle lease agreements if applicable.

4.All records must be maintained in a businesslike manner and are subject to the inspection of the director at any time during reasonable business hours. The loss, mutilation, or destruction of records that the school is required to maintain must be reported immediately to the director and must state:

a.The date such records were lost, destroyed, or mutilated.

b.The circumstances involving such loss, destruction, or mutilation.

c.The name of the law enforcement office or department officials to whom such loss was reported and the date of such report.

N.D. Admin. Code 37-13-02-05 Advertising

1.Commercial driver training schools may not:

a.Publish, advertise, or intimate that a driver's license is guaranteed or assured.

b.Duplicate or reproduce, in whole or in part for use in advertising or instruction any forms used by the North Dakota department of transportation.

c.Advertise or intimate that a commercial driver's or instructor's license encompasses certification by the North Dakota department of public instruction.

d.Advertise the address of any location other than the authorized principal place of business or licensed branch office.

2.Any advertising conducted for the internet course must include the language: "This course is approved for instruction in North Dakota pursuant to North Dakota Century Code section 39-06-01.1."

N.D. Admin. Code 37-13-02-06 Agreements and contracts

1.All contracts between schools and students must be on a form approved by the director. The contract must include:

a.The name, date of birth, and address of the student.

b.The kind of training provided.

c.Approved vehicles to be used for instruction.

d.The number of hours of instruction and the rate per hour.

e.The signature of the student or other authorized person, or both, except an electronic contract is acceptable for the internet course only.

f.The date of the contract.

2.A contract may not exceed a maximum of ten hours, or for class A, B, or C vehicles a maximum of one hundred twenty hours, of behind-the-wheel training, without execution of a new contract.

3.A contract must state whether it is to provide training to meet the certificate of course completion or certificate of training standard.

4.A person may not be given lessons or any other service relating to instruction of motor vehicle operation unless and until a written contract has been executed between the school and the student. An electronic contract is acceptable for the internet course only.

5.Each school shall file and maintain with the director a list of those persons authorized on behalf of the school to execute contracts or renewal agreements and certificates of enrollment and completion. A complete signature record form must be filed with the director for each person authorized to sign the above-listed documents for the school.

6.No school may represent or agree orally or in writing to give instruction until a driver's license is obtained, to give free lessons, or to offer premiums or provide discounts if a driver's license is not obtained.

7.No owner, operator, instructor, or other employee of a commercial driver training school may:

a.Attempt to influence any decision of an examining officer with respect to the licensing of any student of the school or any other person.

b.Imply to the student or other person for any purpose their ability to influence in any manner the driver license examiners.

N.D. Admin. Code 37-13-02-07 Insurance and safety

1.The licensee shall file with the director evidence of liability insurance obtained from a company authorized to do business in the state of North Dakota. Proof of insurance is required for each vehicle used for driver training in the amount of:

a.At least one hundred thousand dollars because of bodily injury to or death of any one person in any one accident.

b.At least three hundred thousand dollars because of bodily injury to or death of two or more persons in any one accident.

c.At least twenty-five thousand dollars because of damage to or destruction of property of others in any one accident.

d.At least thirty thousand dollars for medical expenses regardless of liability.

2.The licensee shall furnish evidence of such coverage to the director stipulating that such insurance will not be canceled or terminated except upon ten days' prior written notice to the director.

3.If the insurance is canceled or terminated, the school license certificate terminates automatically. All vehicles used in the operation of the school may not thereafter be used for driver training school purposes until such school obtains adequate insurance coverage and said license is reenacted. School certificates terminated under the provision of this section must be surrendered to the director within a period of ten days.

History

• Law Implemented: NDCC 39-25-03

N.D. Admin. Code 37-13-02-08 Bond required

The commercial driver training school owner or operator shall secure and submit with the application for license a continuous surety company bond in the principal sum of five thousand dollars for motor vehicle driver's license instruction for the protection of the contractual rights of students, undertaken by a company authorized to do business in the state of North Dakota. The concerned surety company may cancel said bond upon giving thirty days' written notice thereof to the director. The surety company must be released of all liability for any breach of any condition of the bond occurring after the effective date of the cancellation.

History

• Law Implemented: NDCC 39-25-03

Chapter 37-13-03 Driver Training Vehicle Requirements

N.D. Admin. Code 37-13-03-01 Vehicle standards

1.Vehicles may not be used for driver training purposes which are more than ten model years old.

2.A list of vehicles used for driver training must be maintained and filed with the director.

3.Vehicles, while being used for driving instruction, may have displayed conspicuously thereon signs on front and rear, with background and letters of contrasting colors stating "Student Driver" with lettering at least two inches [50.80 millimeters] but not more than five inches [127 millimeters] in height.

4.All vehicles used for driver training purposes must be in safe mechanical condition. Vehicles must pass a vehicle inspection immediately after installation of dual control devices and periodically thereafter as may be designated by director. The federal department of transportation annual vehicle inspection may be accepted for commercial vehicles. The vehicle inspection must be done by a person authorized by the director. The license of a commercial driver training school or instructor may be suspended at any time if a vehicle used for driver training purposes is not maintained in a safe operating condition.

5.Each vehicle used for driver training instruction must comply with all federal and state motor vehicle safety standards for the model year of the vehicle and must be equipped with:

a.Dual control brakes. Not applicable in trucks for truck driving schools.

b.Dual control clutch pedal, when applicable.

c.External rearview mirrors on left and right sides of the vehicle.

d.Safety restraint for each occupant of the vehicle.

e.Air bags if originally equipped.

f.First aid kit.

g.Fire extinguisher.

h.Instructor rearview mirror and eye check mirror.

History

• History: Effective April 1, 2016.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 39-25-02

Chapter 37-13-04 Commercial Driver Training Instructor Requirements

N.D. Admin. Code 37-13-04-01 Instructor - License required - Contents of application for license

1.An applicant for a commercial driver training instructor license must:

a.Be a resident of the state of North Dakota, unless waived by the director for good cause.

b.Furnish the director information relating to all previous places of residence located outside of the state of North Dakota.

c.Be at least twenty-one years of age.

d.Read, write, and speak the English language.

e.Have normal peripheral and color vision and visual acuity of at least 20/40 in each eye, with or without corrective lenses.

f.Have been a licensed driver for three years for class of vehicle instruction, holding a valid North Dakota driver's license unless waived by the director for good cause, free from requirement to show proof of financial responsibility, and have a satisfactory driving record free from any conviction that would constitute the basis for suspension or revocation of the instructor license.

g.Authorize the director to investigate the applicant's background and review the applicant's driving record.

h.Submit to a nationwide fingerprint-based criminal history record check with the federal bureau of investigation at no expense to the department of transportation.

(1)If the applicant has been convicted of a crime involving moral turpitude, the applicant is ineligible to be an instructor.

(2)If the applicant has been convicted of a misdemeanor or felony, the applicant is ineligible to be an instructor unless:

(a)The director determines the crime does not directly relate to the position of instructor; or (b)The applicant has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of an instructor.

i.Pass a written and road test for each class of license for which driver training is to be offered. The tests must be administered by the North Dakota department of transportation driver's license division. The director may accept commercial driver's license test results from another state if the applicant currently holds a valid commercial driver's license. The director may periodically require a licensed instructor to submit to a written examination and road test consisting of all or any part of the test specified in this

section. The test must include:

(1)The operation of a motor vehicle.

(2)Traffic laws.

(3)Road signs, laws and regulations, and other material pertaining to and affecting the driver, traffic, and motor vehicle.

j.Be in good physical and mental health, and having no illness or condition that would render the applicant unable to safely perform the duties as an instructor. The applicant shall submit to a physical examination by a licensed physician and a certificate must accompany the application. For commercial driver's license instruction, the instructor shall submit a copy of the federal department of transportation medical card every two years. The director may periodically require a licensed instructor to submit to a physical examination by a licensed physician and a certificate of the examination must be submitted to the director.

k.Instructor preparation:

(1)Hold a valid North Dakota driver education certificate issued by the department of public instruction; or (2)Have successfully completed an approved preparation course or courses for commercial driver education instructors. Instructor preparation courses must be submitted to and approved by the director. Preparation courses conducted by a licensed commercial driver training school must consist of both classroom training and practical driving situations. At a minimum, instructor development training for class D must consist of thirty hours of classroom and thirty hours of behind-the-wheel practical training. At a minimum, instructor development training for class A, B, or C must consist of forty hours of classroom and eighty hours of behind-the-wheel practical training. The behind-the-wheel practical training must consist of both actual driving and riding along and observing a licensed instructor during a student training session. Driver education instructor development courses offered through a university system may also be considered for approval.

I.Instructor requirements may be waived by the director for good cause when pertaining to a commercial driving school licensed to offer the internet course only.

2.When employment of an instructor is terminated, the school administrator shall return the terminated instructor's commercial instruction license to the director within ten days of the termination date.

History

• History: Effective April 1, 2016.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 39-25-04, 39-25-08

Chapter 37-13-05 Driver Training Instruction Requirements

N.D. Admin. Code 37-13-05-01 Training curriculum

1.Training curriculum utilized for the internet course, classroom, and behind-the-wheel training must be approved by the director.

2.The requirement for behind-the-wheel time listed in this section is minimum in nature, and may be exceeded, as needed, to meet the specific purpose of providing training necessary to provide a certificate of course completion, as defined in North Dakota Century Code section 39-25-01.

3.The minimum requirements for a class D driving school include thirty hours of classroom and a minimum of six hours of actual behind-the-wheel instruction, not to include observation time.

a.Driving schools are not required to meet the thirty hour classroom requirement and may continue to offer only behind-the-wheel instruction.

b.Driving schools that do not meet the requirements listed within this section and do not qualify to provide a certificate of course completion are not eligible for the student skill test waiver provided in North Dakota Century Code section 39-25-02.1. These courses must issue a certificate of training, as defined in section 37-13-01-01.

3.The minimum requirements for a class A, B, or C driving school include one hundred twenty hours of a combination of classroom and actual behind-the-wheel instruction. Not to include observation time. If approved by the director, the hours of classroom and behind-the-wheel instruction for class A, B, or C may be adjusted for students who have previous commercial motor vehicle experience.

History

• Law Implemented: NDCC 39-25-03, 39-06-13

N.D. Admin. Code 37-13-05-02 Certificate in lieu of skill test

1.A training program may be certified as valid for road test purposes to waive the class D road skill test. The program, whether provided by a commercial driving school or a public school, must comply with all requirements of North Dakota Century Code chapter 39-25 or the regulations prescribed herein. When a driving school course is so certified by the director, the certificate of course completion may be presented to the driver's license office as evidence of completing the ability test in lieu of an additional ability test performed by examiners for license issuance.

2."Certificate of course completion" means a certification of completion of thirty hours of classroom training and a driving course through which the graduate has demonstrated the correct behavior of driving safely on the highway while interacting with other traffic. The certification includes successful demonstration of:

a.Starting and stopping the vehicle;

b.Proper driving posture;

c.Proper use of vehicle controls, including use of clutch or automatic transmission;

d.General observation skills and attention to the driving task;

e.Controlling the vehicle;

f.Speed control;

g.Proper intersection speed;

h.Intersection observance;

i.Traffic lights, stop sign intersections, and railroad crossings;

j.Adherence to other traffic signs;

k.Unsigned intersections;

I.Proper application of the right-of-way;

m.Proper lane positioning;

n.Safe lane changes;

o.Multi-lane and one-way streets;

p.Proper full stops;

q.Proper following distance;

r.Right turns and left turns;

s.Proper signaling;

t.Backing, to include parallel parking without park assist technology; and

u.Driving in residential, business, highway, and rural areas, including gravel road surfaces.

History

• Law Implemented: NDCC 39-06-13, 39-25-02.1

N.D. Admin. Code 37-13-05-03 Behind-the-wheel instruction

1.Instructors must at all times, while giving behind-the-wheel instruction, carry a valid driver's license applicable to the type of vehicle for which instruction is being conducted.

2.Instruction may be provided on machines which simulate driving conditions only when the use of such machines has been specifically approved as a part of the curriculum of behind-the-wheel training by the director. Any type of simulation training shall be in addition to student completion of at least six hours of actual behind-the-wheel driving in a class D motor vehicle and in addition to at least one hundred hours behind-the-wheel in a class A, B, or C motor vehicle.

3.Instructors shall ensure that seatbelts are in use at all times while instruction is being given behind the wheel of a motor vehicle.

4.Instructors shall ascertain the student is in possession of a valid driver instruction permit or driver's license prior to giving behind-the-wheel instruction.

5.Instructors shall at all times, while giving behind-the-wheel instruction, ensure students do not violate any traffic law, rule, regulation, sign, or street marking governing the operation of a motor vehicle.

6.When the student has satisfactorily completed behind-the-wheel instruction, the authorized school operator or instructor shall furnish the student a certificate of course completion or a certificate of training, depending on the type of training provided by the school to the student.

7.Instruction may not be given on routes used for the North Dakota state driver license road test.

History

• Law Implemented: NDCC 39-25-02

Chapter 37-13-06 Refusal, Suspension, or Revocation of License

N.D. Admin. Code 37-13-06-01 Refusal, suspension, or revocation of license

1.The director may refuse to issue, or may suspend or revoke a license in any case when the director finds the applicant or licensee has violated any of the provisions of North Dakota Century Code chapter 39-25 or the regulations prescribed herein. A suspended or revoked license must be returned to the director by the licensee within ten days of the action.

2.The license of a commercial driver training school or instructor may be revoked, suspended, issuance refused, or a renewal refused under any of the following conditions:

a.Whenever the person commits fraud or engages in fraudulent practice with reference to the person's license application.

b.Whenever the commercial driver training school or instructor induces or countenances fraud or fraudulent practice on the part of any applicant for a driver license or instruction permit.

c.When a commercial driver training school or an instructor advertises or implies that a driver license is guaranteed upon completion of the course of instruction.

d.When instruction is given to a person who does not have a valid permit or driver license in their possession.

e.When a certificate of enrollment or completion is signed by an authorized school operator or instructor and information on the certificate is false.

f.When the person is convicted of a violation of a criminal law or traffic law, or both, including driving a motor vehicle while under the influence of intoxicating liquor or narcotic drugs, leaving the scene of an accident, careless driving, or reckless driving.

g.When there is evidence that intoxicating beverages were present or consumed on the school premises or in its training vehicles.

h.When a student is overcharged or encouraged to continue indefinite instructions beyond the point where the student is capable of passing the driver license examination, or both.

3.Any applicant or licensee who has been refused issuance or renewal of a license or whose license is subject to suspension or revocation is entitled to a hearing before the director as provided in North Dakota Century Code chapter 28-32.

History

• History: Effective April 1, 2016.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 39-25-06

Article 37-14 Lifetime Commercial Driver's License Disqualification Reinstatement

Chapter 37-14-01 Authority for Reinstatement

N.D. Admin. Code 37-14-01-01 State and federal authority

1.The director is authorized to establish guidelines, including conditions, under which a disqualification of commercial driver's license driving privileges for life under subsections 3, 9, 11, and 13 of North Dakota Century Code section 39-06.2-10 may be reduced to a period of not less than ten years. A violation under subsection 14 of North Dakota Century Code section 39-06.2-10 is not eligible for reinstatement of a lifetime disqualification.

2.This authority is adopted from 49 CFR 383.51 (6) - Reinstatement after lifetime disqualification.

History

• History: Effective April 1, 2016.
• General Authority: NDCC 28-32-02
• Law Implemented: NDCC 39-06.2-10(4)

Chapter 37-14-02 Qualifications for Reinstatement

N.D. Admin. Code 37-14-02-01 Application for reinstatement

1.The driver may apply to the North Dakota department of transportation for reinstatement of lifetime commercial driving privileges. The approval is subject to the discretion of the director and subject to the following requirements:

a.The request may not be made prior to ten years from the effective date of the lifetime disqualification.

b.The driver must submit the request on a form prescribed by the director.

c.The driver must submit a medical report to the director with the request for reinstatement.

d.If the driving record contains alcohol- or drug-related convictions, the driver must complete or have completed an alcohol/drug evaluation and complete or have completed any recommended treatment. Evidence of a completed evaluation and treatment must be provided with the application for reinstatement.

e.Within the ten years preceding the request, the driver may not have any of the following traffic violations:

(1)Drug or alcohol violations;

(2)Leaving the scene violations;

(3)Felonies involving the use of any motor vehicle; or (4)Any convictions while operating a commercial motor vehicle.

History

• History: Effective April 1, 2016.
• General Authority: NDCC 38-32-02
• Law Implemented: NDCC 39-06.2-10(4)

N.D. Admin. Code 37-14-02-02 Decision for reinstatement

1.If the decision is made to reinstate the driving privilege, prior to reinstatement the driver shall complete the following:

a.Pay all outstanding reinstatement fees;

b.Meet all outstanding reinstatement requirements;

c.Pass the required knowledge, vision, and skills tests to obtain the North Dakota commercial driver's license;

d.Successfully complete the national safety council DDC attitudinal dynamics of driving;

e.Successfully complete the DDC professional truck drivers course; and

f.Complete any other courses or requirements required by the director.

2.When the initial lifetime disqualification is based on alcohol or drugs, the driver shall participate in the 24/7 program for three months.

a.The three months period starts on the effective date of the reinstatement.

b.Failure to successfully complete the program will result in the loss of the reinstatement.

c.The driver will not be eligible again for reinstatement of the original commercial driver's license lifetime disqualification.

3.Once reinstated, a driver will be subject to loss of reinstatement of the lifetime ban if involved in one of the following traffic violations, regardless of whether the violation occurs in a commercial or noncommercial vehicle.

a.Violations involving drugs or alcohol;

b.Violations involving leaving the scene;

c.Violations or felonies involving the use of any motor vehicle;

d.Failure to satisfy this requirement will result in the loss of the reinstatement; and

e.The driver will not be eligible again for reinstatement of the original commercial driver's license lifetime disqualification.

History

• History: Effective April 1, 2016.
• General Authority: NDCC 38-32-02
• Law Implemented: NDCC 39-06.2-10(4)