N.D. Admin. Code Title 38 — Highway Patrol

title-38N.D. Admin. Code tit. 38Regulation

Open source

Article 38-01 General Administration

Chapter 38-01-01 Organization of Highway Patrol

N.D. Admin. Code 38-01-01-01 Organization of North Dakota highway patrol

1.History. The 1935 legislative assembly passed a law creating the North Dakota highway patrol, codified as North Dakota Century Code chapter 39-03. This chapter required the highway commissioner to appoint a state highway patrol superintendent. In 1951, the legislative assembly removed the highway patrol from the highway department and placed it under the direct control of the governor. The governor now appoints the superintendent and the superintendent appoints personnel to the patrol.

2.Function. The highway patrol is responsible for enforcing the provisions of the laws of the state relating to the protection and use of the highways in the state, the operation of motor and other vehicles upon such highways; a public education and information program to reduce accidents and encourage safe driving practices; security and protection for the governor, the governor's immediate family, and other officers next in order of succession to the office of governor; police powers on state property; and the operation, maintenance, and administration of the law enforcement training academy.

3.Inquiries. Inquiries regarding the highway patrol may be addressed to the superintendent:

Superintendent North Dakota Highway Patrol 600 East Boulevard Avenue, Dept. 504 Bismarck, ND 58505-0240 ndhpinfo@nd.gov

July 1, 2008.

History

  • History: Amended effective November 1, 1981; November 1, 1985; January 1, 1992; April 1, 1993;
  • General Authority: NDCC 28-32-02.1
  • Law Implemented: NDCC 28-32-02.1

Article 38-03 Hazardous Materials

Chapter 38-03-01 Hazardous Materials - General

N.D. Admin. Code 38-03-01-01 Regulatory intent

1.The hazardous materials regulations adopted in this article are designed to improve the safety and welfare of the general public by providing a framework of commonly accepted practices for the safe transport of commodities designated as hazardous material by the United States department of transportation.

2.These regulations are adopted without substantial modification so as to provide for the greatest flexibility in both interstate and intrastate movement of these materials.

3.These regulations are binding upon all shippers and carriers of hazardous materials into, through, and within the state of North Dakota, and shall be enforced by the North Dakota highway patrol.

History

  • History: Effective October 1, 1983.
N.D. Admin. Code 38-03-01-02 Adoption of regulations

The following parts of Title 49, Code of Federal Regulations, including amendments, are adopted by reference:

1.Part 107 - Subparts F and G only - Hazardous Materials Program Procedures.

2.Part 171 - General Information, Regulations and Definitions.

3.Part 172 - Hazardous Materials Tables and Hazardous Materials Communications Regulations.

4.Part 173 - Shippers - General Requirements for Shipments and Packagings.

5.Part 177 - Carriage by Public Highway.

6.Part 178 - Shipping Container Specifications.

7.Part 180 - Qualification and Maintenance of Packagings.

History

  • History: Effective October 1, 1983; amended effective February 1, 1999; December 1, 2001.
N.D. Admin. Code 38-03-01-03 Amendments

These regulations include such amendments as may be promulgated by the United States department of transportation.

History

  • History: Effective October 1, 1983.

Chapter 38-03-02 Hazardous Materials - Agricultural Operations

N.D. Admin. Code 38-03-02-01 Anhydrous ammonia - Portable tanks

1.Portable tanks, commonly referred to as nurse tanks, intended for farm fertilizer application, designed and utilized for the carriage of anhydrous ammonia, are exempt from the container specification and other regulations adopted in this article when the tank:

a.Has a minimum design pressure of two hundred fifty pounds per square inch gauge [1,683.7 kilopascals] and meets the requirements of the edition of the American Society of Mechanical Engineers Code in effect at the time it was manufactured and is marked accordingly;

b.Is equipped with safety relief valves meeting the requirements of the compressed gas association, pamphlet 51.2;

c.Is painted white or aluminum;

d.Has the capacity of three thousand gallons [11.36 cubic meters] or less;

e.Is loaded to a filling density no greater than fifty-six percent;

f.Is securely mounted on a farm wagon; and (1)Is placarded front and rear, and on both sides with approved department of transportation nonflammable gas placards; or (2)Is identified front and rear, and on both sides with the words "anhydrous ammonia" in letters not less than three inches [7.62 centimeters] high, utilizing a one-inch [2.54-centimeter] brush stroke.

2.Portable tanks containing anhydrous ammonia must be marked with a slow-moving vehicle emblem on the rear of the unit and may not be towed in excess of twenty-five miles [40.23 kilometers] per hour on any road or highway.

3.Shipping papers may not be required to accompany the movement of portable tanks containing anhydrous ammonia when transported under the provisions of this chapter.

4.No material other than anhydrous ammonia may be carried in any portable container identified in this chapter and exempted as such from the regulations contained in this article.

History

  • History: Effective October 1, 1983.
  • General Authority: NDCC 28-32-02
  • Law Implemented: NDCC 39-21-44; 49 CFR 173.315(m)
N.D. Admin. Code 38-03-02-02 Intrastate farm operations

1.The transportation of an agricultural product other than a Class 2 material, over local roads between fields of the same farm, is exempted from the requirements of this chapter when:

a.It is transported by a farmer who is an intrastate private motor carrier; and

b.The movement of the agricultural product conforms to all other state statutes or rules in effect before July 1, 1998.

2.The transportation of an agricultural product to or from a farm, within one hundred fifty miles [241.40 kilometers] of the farm, is exempted from the requirements in subparts G and H of 49 CFR part 172 when:

a.It is transported by a farmer who is an intrastate private motor carrier.

b.The total amount of agricultural product being transported on a single vehicle does not exceed:

(1)Sixteen thousand ninety-four pounds [7300 kilograms] of ammonium nitratefertilizer properly classed as Division 5.1, PGIII, in a bulk packaging; or (2)Five hundred two gallons [1900 liters] for liquids or gases, or five thousand seventy pounds [2300 kilograms] for solids, of any other agricultural product.

c.The packaging conforms to the general packaging requirements of 49 CFR parts 173.24, 173.24A, and 173.24B.

d.Each person having any responsibility for transporting the agricultural product or preparing the agricultural product for shipment has been instructed in the applicable requirements of this chapter.

e.Formulated liquid agricultural products in specification packagings of fifty-eight gallons [220 liters] capacity or less, with closures manifolded to a closed mixing system and equipped with positive dry disconnect devices may be transported by a private motor carrier between a final distribution point and an ultimate point of application or for loading aboard an airplane for aerial application.

f.See 49 CFR part 173.315(m) and North Dakota Administrative Code section 38-03-02-01 pertaining to nurse tanks of anhydrous ammonia.

g.See 49 CFR part 173.6 pertaining to materials of trade.

History

  • History: Effective February 1, 1999.
  • General Authority: NDCC 28-32-02
  • Law Implemented: NDCC 39-21-44

Chapter 38-03-03 Hazardous Materials - Petroleum Products

N.D. Admin. Code 38-03-03-01 Petroleum products - Nonspecification cargo tanks

1.Notwithstanding requirements for specification packagings in 49 CFR subpart F of part 173 and parts 178 and 180, a nonspecification cargo tank motor vehicle having a capacity of less than three thousand five hundred gallons [13250 liters] may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum product in accordance with subsection 3.

2.Notwithstanding requirements for specification packagings in 49 CFR subpart F of part 173 and parts 178 and 180, a nonspecification metal tank permanently secured to a transport vehicle and protected against leakage or damage in the event of a turnover, having a capacity of less than one hundred nineteen gallons [450 liters], may be used by an intrastate motor carrier for transportation of a flammable liquid petroleum prouct in accordance with subsection 3.

3.Additional requirements. A packaging used under subsections 1 and 2 must:

a.Be operated by an intrastate motor carrier and in use as a packaging for hazardous material before July 1, 1998;

b.Be operated in conformance with all other requirements of this state;

c.Be offered for transportation and transported in conformance with all other applicable requirements of subchapter a of 49 CFR;

d.Not be used to transport a flamable cryogenic liquid, hazardous substance, hazardous waste, or marine pollutant; and

e.On and after July 1, 2000, a tank authorized under subsection 1 or 2 must conform to all requirements in part 180 (except for 180.405(g)) of 49 CFR in the same manner as required for a DOT specification MC306 cargo tank motor vehicle.

History

  • History: Effective September 23, 1998.
  • General Authority: NDCC 28-32-02
  • Law Implemented: NDCC 39-21-44

Article 38-04 Motor Carrier Safety Regulations

Chapter 38-04-01 Motor Carrier Safety Regulations - General

N.D. Admin. Code 38-04-01-01 Regulatory intent

1.The motor carrier safety regulations adopted in this chapter are designed to improve the safety and welfare of the general public by providing a framework of safe operating practices for motor carriers.

2.These regulations are adopted without substantial modification so as to provide for the greatest flexibility and uniformity in both interstate and intrastate commerce.

3.These regulations are binding upon all motor carriers and their employees while operating within or through the state of North Dakota and shall be enforced by the North Dakota highway patrol.

History

  • History: Effective October 1, 1983.
  • General Authority: NDCC 28-32-02
N.D. Admin. Code 38-04-01-02 Adoption of regulations

The following parts of title 49, Code of Federal Regulations, including amendments are adopted by reference:

1.Part 382 - Controlled Substances and Alcohol Use and Testing.

2.Part 385 - Subpart A - General.

3.Part 385 - Subpart B - Safety Monitoring System for Mexico-Domiciled Carriers.

4.Part 385 - Subpart C - Certification of Safety Auditors, Safety Investigators, and Safety Inspectors.

5.Part 385 - Subpart D - New Entrant Safety Assurance Program.

6.Part 385 - Subpart E - Hazardous Materials Safety Permits.

7.Part 386 - Subpart F - Injunctions and Imminent Hazards.

8.Part 386 - Subpart G - Penalities.

9.Part 387 - Minimum Levels of Financial Responsibility for Motor Carriers.

10.Part 390 - Federal Motor Carrier Safety Regulations: General.

11.Part 391 - Qualifications of Drivers.

12.Part 392 - Driving of Motor Vehicles.

13.Part 393 - Parts and Accessories Necessary for Safe Operation.

14.Part 395 - Hours of Service of Drivers.

15.Part 396 - Inspection, Repair and Maintenance.

16.Part 397 - Transportation of Hazardous Materials; Driving.

Intrastate commercial motor vehicles with a gross vehicle weight, gross vehicle weight rating, gross combination weight, and gross combination weight rating of twenty-six thousand pounds [11793.52 kilograms] or less are exempt from all federal motor carrier safety regulations unless the vehicle is used to transport hazardous materials requiring a placard, the vehicle is designed to transport more than eight passengers, including the driver, for compensation, or unless the vehicle is designed to transport more than fifteen people, including the driver not for compensation.

History

  • History: Effective October 1, 1983; amended effective February 1, 1999; February 1, 2000; April 1, 2008; July 1, 2013; January 1, 2022.
  • General Authority: NDCC 28-32-02, 39-32-02
N.D. Admin. Code 38-04-01-03 Amendments

These regulations include such amendments as may be promulgated by the United States department of transportation.

History

  • History: Effective October 1, 1983.
  • General Authority: NDCC 28-32-02

Article 38-05 Flagging and Lighting Requirements for Vehicles and Loads Exempt from Width Limitations

Chapter 38-05-01 Definitions

N.D. Admin. Code 38-05-01-01 Definitions

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

1."Construction and building contractors' equipment" means vehicles and equipment used in the construction or improvement of buildings, highways, bridges, or other structures and also including housemovers' equipment and vehicles, and specialized oilfield vehicles commonly referred to as rig-up trucks or gin trucks.

2."Hay grinder" means a self-propelled or towed implement of husbandry used commercially for grinding hay or straw.

3."Implement of husbandry" means every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock-raising operations or for lifting or carrying an implement of husbandry.

4."Self-propelled fertilizer spreader" means a factory-built vehicle or a truck converted with equipment mounted for the purpose of spreading liquid or dry fertilizer commercially on farm or ranch fields.

History

  • History: Effective June 1, 1986.
  • General Authority: NDCC 39-12-04
  • Law Implemented: NDCC 39-12-04

Chapter 38-05-02 Standards for Marking Vehicles and Loads

N.D. Admin. Code 38-05-02-01 Standards for marking vehicles and loads

1.Any vehicle or load exempt from width limitations as provided for in North Dakota Century Code section 39-12-04 must display red or bright orange flags that shall be mounted on the most practical outside dimension on the traffic side of the overwidth vehicle or load, front and rear. If one flag is visible from both the front and rear, only one flag would be required. All flags shall be made of red or bright orange cloth or other suitable material and shall be at least eighteen inches [45.72 centimeters] by eighteen inches [45.72 centimeters] in size.

2.In lieu of the flagging requirements in subsection 1:

a.Overwidth movements may be followed by a vehicle with lighted flashing lights that are visible from the rear for a minimum five hundred feet [152.4 meters]; or

b.The overwidth vehicle itself, or vehicle towing or hauling an overwidth load, may be equipped with a lighted rotating or flashing amber light or lights that are visible from the rear for a minimum five hundred feet [152.4 meters].

3.Movements that exceed fourteen feet six inches [441.96 centimeters] in overall width are exempt from the above flagging requirements, however:

a.All movements that exceed fourteen feet six inches [4.4196 meters] in overall width shall have a red or bright orange flag that is at least eighteen inches [45.72 centimeters] by eighteen inches [45.72 centimeters] in size mounted on a pole showing the extreme outside width and height on the traffic side of the load. If one flag is not clearly visible from the front and rear of the vehicle, then flags must be mounted on both the front and rear of the vehicle; or

b.Vehicles, or vehicles towing or hauling loads, that exceed fourteen feet six inches [441.96 centimeters] in overall width shall be equipped with a lighted rotating or flashing amber light or lights that are visible from the front and rear for a minimum five hundred feet [152.4 meters]; or

c.Movements that exceed fourteen feet six inches [441.96 centimeters] in width must be preceded and followed by pilot cars equipped with a lighted rotating or flashing amber light mounted on top of the highest part of the vehicles that is visible for a minimum of five hundred feet [152.4 meters.

History

  • History: Effective June 1, 1986; amended effective February 1, 2000; July 1, 2013.
  • General Authority: NDCC 39-12-04
  • Law Implemented: NDCC 39-12-04

Chapter 38-05-03 Lighting Requirements

N.D. Admin. Code 38-05-03-01 Lighting requirements

All vehicles and loads exempt from width limitations that are authorized to travel between sunset and sunrise shall meet the lighting requirements as provided for in North Dakota Century Code chapter 39-21. Every vehicle used for towing or hauling an implement of husbandry and every self-propelled implement of husbandry may, in addition to the lighting requirements, be equipped with a lighted rotating or flashing amber light or lights that are clearly visible from the front and rear for a minimum five hundred feet [152.4 meters].

History

  • History: Effective June 1, 1986.
  • General Authority: NDCC 39-12-04
  • Law Implemented: NDCC 39-12-04

Chapter 38-05-04 Mirror Requirements

N.D. Admin. Code 38-05-04-01 Mirror requirements

All vehicles and loads exempt from width limitations must meet the mirror requirements required in North Dakota Century Code chapter 39-21. Every motor vehicle must be equipped with a mirror so located as to reflect to the driver a rear view of the highway for a distance of at least two hundred feet [60.96 meters].

History

  • History: Effective July 1, 2013.
  • General Authority: NDCC 28-32-02, 39-32-02
  • Law Implemented: NDCC 39-21-46, 39-21-38

Article 38-06 Movement of Oversize and/or Overweight Vehicles and Loads

Chapter 38-06-01 Regulatory Intent

N.D. Admin. Code 38-06-01-01 Regulatory intent

1.Safety regulations adopted herein are intended so that for good cause shown a vehicle or load exceeding legal size or weight, or both, can be moved on the state highway system as authorized by North Dakota Century Code section 39-12-02.

2.These regulations are adopted so as to provide for the safety and welfare of the general public, and to protect the state highway system, including structures, by providing a framework of safe operating practices for motor carriers or persons moving oversize or overweight, or both, vehicles and loads.

3.The North Dakota highway patrol has the authority to impose additional permit conditions for each permit to ensure compliance with the intent of these rules.

History

  • History: Effective January 1, 1988.
  • General Authority: NDCC 39-12-02
  • Law Implemented: NDCC 39-12-02

Chapter 38-06-02 Adoption of Regulations

N.D. Admin. Code 38-06-02-01 General rules

1.The North Dakota highway patrol may issue annual permits for the movement of overwidth or overlength vehicles and loads and single trip permits for the movement of oversize or overweight, or both, vehicles and loads. Unless otherwise exempted by the superintendent, permits will not be issued for loads that can be reasonably made to conform to legal limits.

2.All permits must be in possession of the permittee prior to starting movement unless prior approval is obtained from the highway patrol.

July 1, 2019.

History

  • History: Effective January 1, 1988; amended effective January 1, 1992; April 1, 2008; January 1, 2016;
N.D. Admin. Code 38-06-02-02 Flagging, sign, lighting, and mirror requirements

1.All overdimensional vehicles and loads must have minimum eighteen-inch by eighteen-inch [45.72-centimeters by 45.72-centimeters] red or bright orange flags displayed on the traffic sides front and rear.

2.When the overall length of an overdimensional movement exceeds seventy-five feet [22.86 meters] in length. when a movement is overwidth. or when the overall length of an overdimensional movement exceeds seventy-five feet [22.86 meters] in length and the movement is overwide, there must be a minimum twelve-inch by sixty-inch [304.8-millimeters by 1524-millimeters] oversize load sign on the front or roofline of the towing vehicle, and the rear of the vehicle/load. The lettering must be black on yellow background. Letters must be at least eight inches [203.2 millimeters] high with one-inch [25.4-millimeters] brush stroke. When the movement is overlength only, exceeding seventy-five feet [22.86 meters] in overall length. a long load sign that is a minimum twelve inches by sixty inches [304.8 millimeters by 1524 millimeters] in size may be used in lieu of the oversize load sign. The lettering must be black on yellow background. The letters must be at least eight inches [203.2 millimeters] high with one-inch [25.4-millimeters] brush stroke. The sign must be covered or removed when the movement is not overdimensional.

3.A motor vehicle must have two outside mirrors, one on each side, to reflect to the driver a rear view of the roadway for a distance of no less than two hundred feet [60.96 meters].

4.Between a half hour after sunset and a half hour before sunrise, a permitted overwidth vehicle or load must be equipped with the society of automotive engineers-approved class 1 lights and reflectors, in addition to those required in North Dakota Century Code chapter 39-21 and Code of Federal Regulations, title 49, part 393.

a.One rotating or two flashing amber lights shall be mounted above the cab and visible from the front and rear for a distance not less than five hundred feet [152.4 meters], under clear atmospheric conditions at night. If the lights on the cab are not visible to the rear, additional flashing amber lights are required at the rear.

b.Clearance lights must be visible from the front, rear, and side, marking the outermost portion of the vehicle and load which extends beyond eight feet six inches [2.5908 meters].

c.Vehicles must be capable of traveling at the posted highway speed unless otherwise noted on the permit.

January 1, 2016.

History

  • History: Effective January 1, 1988; amended effective February 1, 1999; April 1, 2008; July 1, 2013;
N.D. Admin. Code 38-06-02-03 Escort requirements

1.All movements exceeding fourteen feet six inches [4.42 meters] in overall width but not exceeding sixteen feet [4.87 meters] in overall width shall have one pilot car precede the movement at a distance of three hundred to seven hundred feet [91.44 to 213.36 meters] on two-lane highways. In lieu of the pilot car requirement, the overwidth vehicle itself, or vehicle towing or hauling an overwidth load, may be equipped with a lighted rotating or flashing amber light or lights that are visible from front and rear for a minimum five hundred feet [152.4 meters]. On four-lane divided highways there are no pilot car requirements for movements of this size.

2.All movements exceeding sixteen feet [4.88 meters] in overall width shall have one pilot car precede the movement at a distance of three hundred to seven hundred feet [91.44 to 213.36 meters] and shall have one pilot car follow the movement at a distance of three hundred to seven hundred feet [91.44 to 213.36 meters] on two-lane highways. On four-lane divided highways one pilot car shall follow the movement at a distance of three hundred to seven hundred feet [91.44 to 213.36 meters].

3.All movements exceeding one hundred twenty feet [36.57 meters] in overall length shall have one pilot car follow the movement at a distance of three hundred to seven hundred feet [91.44 to 213.36 meters].

4.All movements exceeding eighteen feet [5.49 meters] in overall height shall have one pilot car precede the movement at a distance of three hundred to seven hundred feet [91.44 to 213.36 meters].

5.The North Dakota department of transportation chief engineer, bridge engineer, district engineers, or highway patrol may require pilot cars for movements that are overweight.

History

  • History: Effective January 1, 1988; amended effective January 1, 1992.
N.D. Admin. Code 38-06-02-04 Routing of movements

Permit issuing personnel may designate routes of travel where adequate width or height for safe traffic movement cannot be provided, or when restricted by maps as provided by North Dakota department of transportation engineers.

History

  • History: Effective January 1, 1988; amended effective January 1, 1992.
N.D. Admin. Code 38-06-02-05 Insurance requirements

1.When towing or hauling oversize mobile home or modular units, the towing vehicle must have minimum insurance coverage of one hundred thousand dollars bodily injury liability for one person, three hundred thousand dollars bodily injury liability for one accident, and fifty thousand dollars property damage liability.

2.When requesting permits for movements exceeding two hundred thousand pounds [90718 kilograms] gross vehicle weight, or when otherwise required by the highway patrol or department of transportation engineers, the applicant must provide written verification of liability and property damage insurance coverage.

3.An insurance bond in the amount determined by the North Dakota department of transportation may be required for load or vehicle movements of excessive size or weight, showing the North Dakota department of transportation as an additional insured. Excessive size and weight shall be determined on a case-by-case basis by the North Dakota department of transportation.

History

  • History: Effective January 1, 1988; amended effective January 1, 1992; April 1, 2008.
N.D. Admin. Code 38-06-02-06 Size and weight limitations

Limitations for single trip permits for overweight movements must be as determined by department of transportation engineers.

History

  • History: Effective January 1, 1988; amended effective January 1, 1992; January 1, 2016.
N.D. Admin. Code 38-06-02-07 Travel restrictions

1.Permits may not be issued for overdimensional movements between one-half hour after sunset and one-half hour before sunrise unless otherwise authorized by the superintendent.

2.Except as authorized in this section, single trip permits for overwidth exceeding sixteen feet [4.88 meters] may not be issued authorizing movements on Saturday after twelve noon, all day Sunday, and on holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. No overwidth permit exceeding sixteen feet [4.88 meters] will be valid from twelve noon the day before the holiday until sunrise the day after the holiday.

3.The superintendent may authorize a single trip permit for weekends or holidays.

4.Permits do not authorize movements when inclement weather prevails, highways are slippery, or when visibility is one-half mile [0.8 kilometers] or less.

5.Permits do not authorize travel on shoulders of road.

6.A single trip permit is required for each movement that is overdimensional or overweight. An annual permit for overwidth or overlength vehicle and load movements can be used in lieu of the single trip permit issued for overwidth or overlength movements.

7.A minimum distance of one thousand feet [304.80 meters] is required between vehicles in a convoy of two or more vehicles.

July 1, 2013; January 1, 2016; July 1, 2019; January 1, 2022.

History

  • History: Effective January 1, 1988; amended effective August 1, 1993; February 1, 1999; April 1, 2008;

Chapter 38-06-03 Permit Fees

N.D. Admin. Code 38-06-03-01 Permit fees

The following fees are in addition to those found in North Dakota Century Code section 39-12-02:

1.The fee for a seasonal permit is fifty dollars per year. The seasonal permit is issued to vehicles referenced in subdivision d of subsection 1 of North Dakota Century Code section 39-12-04.

2.There is a graduated fee schedule for overweight single trip movements exceeding one hundred fifty thousand pounds [68035 kilograms] gross vehicle weight.

Gross Vehicle WeightPermit Fee 150,001 - 160,000 lbs. [68039-72574 kilograms]$30 160,001 - 170,000 lbs. [72575-77110 kilograms]$40 170,001 - 180,000 lbs. [77111-81646 kilograms]$50 180,001 - 190,000 lbs. [81647-86182 kilograms]$60 190,001 lbs. and over [86183 kilograms and over]$70

3.There is an additional ton/mile [907 kilogram/1.6 kilometers] fee of $.05 per ton per mile on all those movements that exceed two hundred thousand pounds [90718 kilograms] gross vehicle weight. The ton/mile [907 kilogram/1.6 kilometers] fee is only assessed upon that portion of gross vehicle weight exceeding two hundred thousand pounds [90718 kilograms] gross vehicle weight.

4.The superintendent shall assess a fee of fifty cents per mile [1.6 kilometers] or fifty dollars per hour, or both, per trooper, on those movements of extraordinary size or weight when an escort by the highway patrol is required or when the highway patrol is requested to weigh a vehicle with portable scales.

5.The fee for an equipment approval certificate is fifteen dollars.

6.The ton-mile [907 kilogram-1.6 kilometers] fee for a vehicle or load movement that exceeds the weight limits on highways during the spring thaw or on highways with load limits year-round is as follows:

a.One dollar per ton-mile [907 kilogram-1.6 kilometers] when exceeding axle weight limits.

b.The fees for vehicle or vehicle combinations hauling a load and in excess of the gross vehicle weight limit:

(1)One dollar per mile [1.6 kilometers] when the gross vehicle weight exceeds one hundred five thousand five hundred pounds [47853 kilograms] and travel is on highways restricted by legal weight or eight-ton [7257 kilograms] and seven-ton [6350 kilograms] designated state highways.

(a)Vehicles authorized by the director of the department of transportation to haul construction equipment to state highway construction projects are exempt from one dollar per mile [1.6 kilometers] fee.

(b)The total number of single trip permits for a state highway construction project that may be waived from the one dollar per mile [1.6 kilometers] fee may not exceed ten single trip permits.

(2)Five dollars per ton-mile [907 kilograms-1.6 kilometers] when the gross vehicle weight exceeds:

(a)One hundred thirty thousand pounds [58967 kilograms] on highways restricted by legal weight.

(b)One hundred twenty thousand pounds [54431 kilograms] on eight-ton [7257 kilograms] highways.

(c)One hundred ten thousand pounds [49895 kilograms] on seven-ton [6350 kilograms] highways.

(d)Eighty thousand pounds [36287 kilograms] on six-ton [5443 kilograms] highways.

(3)The five dollar per ton-mile [907 kilograms-1.6 kilometers] fee for self-propelled special mobile equipment is assessed when the gross vehicle weight exceeds:

(a)One hundred five thousand five hundred pounds [47853 kilograms] on highways restricted by legal weight.

(b)One hundred five thousand five hundred pounds [47853 kilograms] on eight-ton [7257 kilograms] highways.

(c)One hundred five thousand five hundred pounds [47853 kilograms] on seven-ton [6350 kilograms] highways.

(d)Eighty thousand pounds [36287 kilograms] on six-ton [5443 kilograms] highways.

c.Loads permitted by the one-hundred-twenty-nine-thousand-pound [58513-kilogram] primary network permit are exempt from fees on highways restricted to legal weight.

7.The fee for a weight increase on a work-over service rig is nine hundred ninety dollars. The fee shall be assessed on a work-over service rig that exceeds six hundred seventy pounds [303 kilograms] per inch [2.54 centimeters] of tire width on a single or tandem axle, exceeds sixty thousand pounds [27215 kilograms] on a triple axle, and sixty-eight thousand pounds [30844 kilograms] on a four-axle group.

a.The weight increase is valid for three hundred sixty-five days.

b.The weight increase can only be assessed on model year 2010 work-over service rigs and older.

8.All permit fees must be deposited into the state highway distribution fund.

February 1, 1999; February 1, 2000; April 1, 2008, July 1, 2013; January 1, 2016; July 1, 2019;

January 1, 2022.

History

  • History: Effective January 1, 1988; amended effective May 1, 1988; January 1, 1992; August 1, 1993;
  • General Authority: NDCC 39-12-02, 39-12-03, 39-12-04, 39-12-05.3
  • Law Implemented: NDCC 39-12-02, 39-12-04, 39-12-05.3

Chapter 38-06-04 Liability of Permit Applicant and Permit Conditions

N.D. Admin. Code 38-06-04-01 Liability of permit applicant

1.The applicant or permittee, as a condition for obtaining an oversize or overweight, or both, permit, shall assume all responsibility for accidents, damage, or injury to any persons or damage to public or private property caused by the movement of any oversize or overweight, or both, vehicle or load covered by the permit while upon public highways of the state.

2.The applicant or permittee agrees to indemnify and hold harmless the North Dakota department of transportation, the North Dakota highway patrol, their officers, and employees from any and all claims resulting directly or indirectly from the movement of an oversize or overweight, or both, vehicle or load on any public highway of the state of North Dakota.

History

  • History: Effective January 1, 1988; amended effective January 1, 1992.
  • General Authority: NDCC 39-12-02, 39-12-04, 39-12-05.3
  • Law Implemented: NDCC 39-12-02, 39-12-04, 39-12-05.3
N.D. Admin. Code 38-06-04-02 Permit cancellation and hearing request

1.The highway patrol may revoke or cancel permit privileges when the applicant or permittee is in violation of the regulations adopted herein or conditions of the permit.

2.When notification is made of the cancellation of permit privileges, the applicant or permittee has ten days to request a hearing with the superintendent.

History

  • History: Effective January 1, 1988; January 1, 2016.
  • General Authority: NDCC 39-12-02, 39-12-04, 39-12-05.3
  • Law Implemented: NDCC 39-12-02, 39-12-04, 39-12-05.3

Chapter 38-06-05 Certification of Portable Scales

N.D. Admin. Code 38-06-05-01 Certification

Portable vehicle scales utilized for law enforcement purposes must be tested by an agent of the North Dakota highway patrol or a registered service person or company prior to being utilized for enforcement purposes. A portable vehicle scale utilized for enforcement purposes may be certified by the highway patrol or a registered service person or company. The highway patrol may certify scales used for enforcement purposes by actual testing of the device or by witnessing the test. The highway patrol will maintain a record of certification of portable vehicle scales utilized for law enforcement purposes.

The device utilized by the highway patrol or registered service person or company for the certification of portable vehicle scales should be one that is certified annually by a facility that has practices and standards that are traceable to the national institute of standards and technology, an agency of the United States department of commerce.

History

  • History: Effective July 1, 2013.
  • General Authority: NDCC 39-12-02
  • Law Implemented: NDCC 39-12-07
N.D. Admin. Code 38-06-05-02 Recertification

An agent of the North Dakota highway patrol or a registered service person or company may inspect, test, and calibrate portable vehicle scales utilized for law enforcement purposes. The owner of any portable vehicle scale utilized for enforcement purposes is responsible for its accuracy and should have the device tested and recertified annually. Failure to recertify a portable vehicle scale within fifteen months of the prior year's annual recertification will disqualify the device to be utilized for enforcement purposes. The highway patrol will maintain a record of recertification of portable vehicle scales utilized for law enforcement purposes.

The device utilized by the highway patrol or registered service person or company for the recertification of portable vehicle scales should be one that is certified annually by a facility that has practices and standards that are traceable to the national institute of standards and technology, an agency of the United States department of commerce.

History

  • History: Effective July 1, 2013.
  • General Authority: NDCC 39-12-02
  • Law Implemented: NDCC 39-12-07

Article 38-07 Commercial Driver Training School Requirements

Chapter 38-07-01 Definitions

N.D. Admin. Code 38-07-01-01 Definitions

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

1."Commercial driver's license" means a license issued under North Dakota Century Code

chapter 39-06.2 which authorizes an individual to drive a class of commercial motor vehicle as defined in subsection 6 of North Dakota Century Code section 39-06.2-02

2."Contract" means a written agreement between the commercial driver training school and a student for classroom instruction, behind-the-wheel training, internet course, or any combination thereof.

3."Internet course" means an electronic course of instruction as authorized under paragraph 2 of subdivision a of subsection 2 of North Dakota Century Code section 39-06-01.1.

4."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.

5."Location" means a designated site at which the business of a commercial driver training school is transacted and its records are kept.

6."Superintendent" means the superintendent of the North Dakota highway patrol.

7."Owner" means a person or persons, including a partnership, a corporation, or other business entity, that has a vested interest in and control over a school.

8."Safe mechanical condition" means the continual compliance with safety requirements of vehicles that are used to train school students and have passed either a state safety inspection or a federal motor carrier safety administration inspection.

History

  • History: Effective December 1, 1988; amended effective June 1, 2002; July 1, 2013.
  • General Authority: NDCC 39-25-02
  • Law Implemented: NDCC 39-06-01.1, 39-25-01

Chapter 38-07-02 Commercial Driver Training School Requirements

N.D. Admin. Code 38-07-02-01 License requirements

No commercial driver training school may be established or operated unless such school shall apply for and obtain a license on the form prescribed by the superintendent. A commercial driver training school may be licensed to offer instruction through an internet course only. The superintendent shall issue a license indicating restricted to instruction through "Internet Course Only".

N.D. Admin. Code 38-07-02-02 Location of school

1.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.

2.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 superintendent, and must also be in compliance with all city and municipal ordinances.

3.Each commercial driving school license application or renewal application must be accompanied by a rental or lease agreement covering the time period corresponding to the license year. In case of ownership, a statement verifying ownership of the premises must be attached to the application.

N.D. Admin. Code 38-07-02-03 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.Initials or name of instructor.

g.Social security or identification number.

2.The contract file must contain the original, subsequent, or renewal contract agreements entered into 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 superintendent or the superintendent's authorized representative at any time during reasonable business hours. The loss, mutilation, or destruction of records which the school is required to maintain must be reported immediately to the superintendent 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 fire department officials to whom such loss was reported and the date of such report.

N.D. Admin. Code 38-07-02-04 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 highway patrol in the driver licensing function without specific approval of the superintendent.

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 and North Dakota Administrative Code article 38-07."

N.D. Admin. Code 38-07-02-05 Agreements and contracts

1.All contracts between schools and students must be on a form approved by the superintendent. 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 truck tractor, a maximum of three hundred twenty hours, of behind-the-wheel training without execution of a new contract.

3.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.

4.Each school shall file and maintain with the superintendent 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 superintendent for each person authorized to sign the above-listed documents for the school.

5.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.

6.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.

History

  • History: Effective December 1, 1988; amended effective April 1, 1992; June 1, 2002.
N.D. Admin. Code 38-07-02-06 Insurance and safety

1.The licensee shall file with the superintendent 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 superintendent stipulating that such insurance will not be canceled or terminated except upon ten days' prior written notice to the superintendent.

3.In the event such insurance is canceled or terminated, the school license certificate shall terminate 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 superintendent within a period of ten days.

4.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 two thousand five hundred dollars for class D and M instruction or a continous surety company bond in the principal sum of five thousand dollars for commercial 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 superintendent. 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

  • History: Effective December 1, 1988; amended effective July 1, 2013.
N.D. Admin. Code 38-07-02-07 License displayed

The license to operate a commercial driver training school must be displayed in a conspicuous location in the licensee's principal place of business and each branch office.

N.D. Admin. Code 38-07-02-08 Schedule of fees and charges

Commercial driver training applications must be accompanied by a schedule of maximum fees and charges. The schedule of fees and charges may be amended at any time by the licensee provided that such changes in the fee schedule are filed with the superintendent not less than ten days before they become effective. A fee designated and set forth in a contract must be adhered to for the duration of that contract.

N.D. Admin. Code 38-07-02-09 Application and renewal of school license - Fee

All licenses expire on the last day of the calendar year and may be renewed upon application to the superintendent as prescribed. Each application for an original or renewal school license must be accompanied by a fee of twenty-five dollars. No license fees may be refunded in the event any license is rejected, suspended, or revoked. All renewal applications that are not on file and approved prior to January first of each year will be rejected for the remainder of that calendar year.

History

  • Law Implemented: NDCC 39-25-05

Chapter 38-07-03 Driver Training Vehicle Requirements

N.D. Admin. Code 38-07-03-01 Vehicle safety standards

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 have the following equipment:

1.Dual control brakes. Not applicable in trucks for truck driving schools.

2.Dual control clutch pedal, when applicable.

3.External rearview mirrors on left and right sides of the vehicle.

4.Padded dashboard and sun visors. Not applicable in trucks for truck driving schools.

5.Safety restraint for each occupant of the vehicle.

6.Air bags if originally equipped.

History

  • History: Effective December 1, 1988; amended effective April 1, 1992; June 1, 2002.
  • Law Implemented: NDCC 39-25-03
N.D. Admin. Code 38-07-03-02 Year of vehicle

Vehicles may not be used for driver training purposes which are more than six model years old, unless prior approval of the superintendent is granted.

N.D. Admin. Code 38-07-03-03 List of vehicles

A list of vehicles used for driver training must be maintained and filed with the superintendent.

N.D. Admin. Code 38-07-03-04 Signing of vehicles

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.

No other signs or advertising may be displayed without the approval of the superintendent.

N.D. Admin. Code 38-07-03-05 Vehicle inspection

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 the superintendent. The department of transportation annual vehicle inspection will be accepted for commercial vehicles. The vehicle inspection must be done by a person authorized by the superintendent. 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.

History

  • History: Effective December 1, 1988; amended effective April 1, 1992; July 1, 2013.

Chapter 38-07-04 Commercial Driver Training Instructor Requirements

N.D. Admin. Code 38-07-04-01 Instructor requirements

An applicant for a commercial driver training instructor license must:

1.Be a resident of the state of North Dakota, unless waived by the superintendent for good cause.

2.Furnish the superintendent information relating to all previous places of residence located outside of the state of North Dakota.

3.Be at least twenty-one years of age.

4.Read, write, and speak the English language.

5.Have normal peripheral vision, depth perception, and color vision. Visual acuity of at least 20/40 in each eye, with or without corrective lenses.

6.Have been a licensed driver for three years for class license instruction, holding a valid North Dakota driver's license unless waived by the superintendent 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.

7.Submit with the application a copy of the applicant's driving record dated not earlier than thirty days prior to the receipt of application by the superintendent.

8.Not have been convicted of a crime involving moral turpitude.

9.Furnish the superintendent with one set of fingerprints and photographs and authorize investigation with the bureau of criminal investigation and the federal bureau of investigation to determine if the applicant has a criminal record.

a.The attorney general's office request for criminal history record form, authorization form, fingerprints, and fee for background check must be submitted with the application for an instructor license.

b.If the applicant has been convicted of a misdemeanor or felony, then the applicant is ineligible to be an instructor unless:

(1)The superintendent determines the crime does not directly relate to the position of instructor; or (2)The applicant has shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of an instructor.

10.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 drivers license division. The superintendent may periodically require a licensed instructor to submit to a written examination consisting of all or any part of the test specified in this section. The test must include:

a.The operation of a motor vehicle.

b.Traffic laws.

c.Road signs, laws and regulations, and other material pertaining to and affecting the driver, traffic, and motor vehicle.

11.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 department of transportation medical card every two years. The superintendent 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 superintendent.

12.Instructor preparation:

a.Hold a valid North Dakota driver education certificate issued by the department of public instruction; or

b.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 superintendent. 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 should consist of thirty hours of classroom and thirty 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 will also be considered for approval.

13.Instructor requirements may be waived by the superintendent for good cause when pertaining to a commercial driving school licensed to offer the internet course only.

History

  • History: Effective December 1, 1988; amended effective April 1, 1992; June 1, 2002; July 1, 2013.
  • Law Implemented: NDCC 39-06-01.1, 39-25-04
N.D. Admin. Code 38-07-04-02 Instructor license

The application for an instructor license will indicate the commercial driver training school, when applicable, by whom employed or to be employed. When employment of an instructor is terminated with a commercial driver training school, the school administrator shall return the terminated instructor's commercial instruction license to the superintendent within ten days of the termination date.

History

  • History: Effective December 1, 1988.
N.D. Admin. Code 38-07-04-03 Driver's license requirement

Instructors must at all times, while giving behind-the-wheel or "on-street on-cycle" instruction, carry a valid driver's license applicable to the type of vehicle for which instruction is being conducted.

History

  • History: Effective December 1, 1988; amended effective April 1, 1992.
N.D. Admin. Code 38-07-04-04 Expiration and renewal of instructor license

All instructor licenses expire on the last day of the calendar year and may be renewed upon application to the superintendent as prescribed. Each application for an original or renewal license must be accompanied by a fee of ten dollars. No license fees may be refunded in the event any application is rejected or a license suspended or revoked.

History

  • History: Effective December 1, 1988.

Chapter 38-07-05 Driver Training Instruction Requirements

N.D. Admin. Code 38-07-05-01 Training curriculum

A complete and up-to-date copy of the internet course, classroom, and behind-the-wheel or on-cycle training curriculum for each class of license for which instruction is offered must be submitted to and approved by the superintendent. Instruction must meet the minimum requirements of any federal or state standards that are or may be established regarding the length of lesson and methods of instruction.

History

  • History: Effective December 1, 1988; amended effective June 1, 2002.
  • Law Implemented: NDCC 39-06-01.1, 39-25-03, 39-25-04
N.D. Admin. Code 38-07-05-02 Behind-the-wheel instruction certificate

North Dakota Century Code section 39-06-17 requires an applicant under the age of sixteen years, when appearing for a driver examination, to exhibit for verification a properly endorsed behind-the-wheel instruction certificate. Such certificate must indicate the child has completed at least six hours of behind-the-wheel instruction. Schools or instructors shall inform driver training students under sixteen years of age that a minimum of six hours of actual behind-the-wheel instruction is required before the child is eligible to take the driver examination.

History

  • History: Effective December 1, 1988.
  • Law Implemented: NDCC 39-25-02
N.D. Admin. Code 38-07-05-03 Motorcycle completion certificate

North Dakota Century Code section 39-06-14 states that applicants fourteen or fifteen years of age may be issued a motorcycle learner's permit if the applicant is enrolled in or has completed an approved motorcycle safety course. The completion certificate must indicate that the applicant has completed a motorcycle safety course which meets the minimum requirements of the motorcycle safety foundation.

History

  • History: Effective December 1, 1988.
  • Law Implemented: NDCC 39-25-02
N.D. Admin. Code 38-07-05-04 Behind-the-wheel and on-cycle instruction

1.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 superintendent. 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 motor vehicle.

2.Instructors shall ensure that seatbelts are in use at all times while instruction is being given behind the wheel of a motor vehicle.

3.Instructors shall ascertain that the student is in possession of a valid driver instruction permit or driver's license prior to giving behind-the-wheel instruction.

4.Instruction for class A and class B, C type vehicles may be given only when specifically approved by the superintendent.

5.Instructors must at all times, while giving behind-the-wheel or "on-street on-cycle" instruction, ensure that 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 at least six hours of behind-the-wheel instruction, the authorized school operator or instructor shall furnish the student a certificate of completion to that effect.

7.Instruction may not be given on routes used for the North Dakota state driver license road test.

History

  • History: Effective December 1, 1988; amended effective April 1, 1992; June 1, 2002.
  • Law Implemented: NDCC 39-25-03, 39-25-04
N.D. Admin. Code 38-07-05-05 Internet course completion certificate

North Dakota Century Code section 39-06-01.1 permits an applicant under the age of eighteen years, whose driver's license has been canceled, to complete an internet course through a licensee under North Dakota Century Code chapter 39-25. Verification of successful completion of the internet course must be in the form of an internet course completion certificate issued by the licensee.

History

  • History: Effective June 1, 2002.
  • Law Implemented: NDCC 39-06-01.1

Chapter 38-07-06 Refusal, Suspension, or Revocation of License

N.D. Admin. Code 38-07-06-01 Refusal, suspension, or revocation of license

The superintendent may refuse to issue or may suspend or revoke a license in any case where the superintendent finds the applicant or licensee has violated any one of the provisions of chapter 39-25 or the regulations herein prescribed. A suspended or revoked license must be returned to the superintendent by the licensee. 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:

1.Whenever the person commits fraud or engages in fraudulent practice with reference to the person's license application.

2.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.

3.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.

4.When instruction is given to a person who does not have a valid learner or instruction permit or driver license in their possession.

5.When a certificate of enrollment or completion is signed by an authorized school operator or instructor and information on the certificate is false.

6.When the person is convicted of a violation of a criminal law or traffic law, or both, including, but not limited to, 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.

7.When there is evidence that intoxicating beverages were present or consumed on the school premises or in its training vehicles.

8.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.

9.Any licensed school operator or instructor whose license is subject to suspension or revocation may be required to appear before the superintendent or the superintendent's designated agent to show cause why such license should not be suspended or revoked. Any person 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 superintendent as provided in North Dakota Century Code chapter 28-32.

History

  • History: Effective December 1, 1988; amended effective April 1, 1992.
  • General Authority: NDCC 39-25-02
  • Law Implemented: NDCC 39-25-06

Article 38-08 Premium Reduction for Crash Prevention Course Completion

Chapter 38-08-01 Sponsoring Agency Approval

N.D. Admin. Code 38-08-01-01 Application for course approval

A sponsoring agency which proposes to offer a motor vehicle crash prevention course to the public qualifying for an insurance premium reduction shall submit a completed application to the superintendent of the North Dakota highway patrol on a form prescribed by the department.

History

  • History: Effective December 1, 1988; amended effective April 1, 2008.
N.D. Admin. Code 38-08-01-02 Course and instructors

In addition to the information required to be entered upon the application, the application must be accompanied by the following:

1.A written copy of the proposed motor vehicle crash prevention course, which if approved, will be presented in a classroom setting or self-study, must be maintained on file at highway patrol headquarters.

2.An electronic demonstration copy of the proposed motor vehicle crash prevention course, which if approved, will be presented via the internet. A copy must be maintained on file at highway patrol headquarters.

3.Names, addresses, and driver's license numbers of all instructors providing classroom instruction. Instructors must be formally certified to teach the courses. Documentation attesting to instructor certification must be submitted to the superintendent.

History

  • History: Effective December 1, 1988; amended effective April 1, 2008.
N.D. Admin. Code 38-08-01-03 Renewal of course approval

Course approval will be valid for a period of two years from the date of such approval. Renewal of course approval must be obtained every two years.

History

  • History: Effective December 1, 1988.

Chapter 38-08-02 Course Approval

N.D. Admin. Code 38-08-02-01 Hours of instruction

The curriculum for a course in motor vehicle crash prevention must consist of a minimum of four hours of instruction and must be designed consistent with the following subject matter and be structured to prepare a student for satisfactory completion.

History

  • History: Effective December 1, 1988; amended effective April 1, 2008.
  • General Authority: NDCC 26.1-25-04.1
  • Law Implemented: NDCC 26.1-25-04.1
N.D. Admin. Code 38-08-02-02 Course curriculum

The curriculum must include, but not be limited to, the following subject matter:

1.The concept of crash preventability, including a discussion of the cost magnitude of traffic crashes.

2.Discussion concerning the following contributing factors involved in motor vehicle crashes:

a.Appropriate responses to roadway departure incidents;

b.Benefits associated with the proper use of safety restraints;

c.Impact of alcohol and drug use among drivers;

d.Problems associated with younger or older drivers; and

e.Negative consequences associated with aggressive driving.

3.Traffic laws and regulations, vehicle capabilities, and highway environmental factors, including:

a.Traffic laws and regulations:

(1)Signs, signals, and markings.

(2)Right-of-way requirements.

(3)Speed.

b.Vehicle capabilities:

(1)Stopping distance.

(2)Passing.

c.Highway environmental factors:

(1)Conditions limited by illumination, obstructions, and weather.

(2)Conditions created by snow, ice, and rain.

History

  • History: Effective December 1, 1988; amended effective April 1, 2008.
  • General Authority: NDCC 26.1-25-04.1
  • Law Implemented: NDCC 26.1-25-04.1

Chapter 38-08-03 Withdrawal of Approval

N.D. Admin. Code 38-08-03-01 Withdrawal of approval

The superintendent may withdraw approval of a sponsoring agency of a motor vehicle crash prevention course for any of the following reasons:

1.Unapproved deletions or additions have been made to the curriculum previously approved.

Courses approved as classroom courses may format the approved course for self-study or online internet use, provided the requirements of subsection 2 of section 38-08-01-02 have been met.

2.The course is not administered in a satisfactory manner or after evaluation proves ineffective.

3.The sponsoring agency failed to maintain compliance with any of the provisions of this article.

History

  • History: Effective December 1, 1988; amended effective April 1, 2008.
  • General Authority: NDCC 26.1-25-04.1
  • Law Implemented: NDCC 26.1-25-04.1

Chapter 38-08-04 Sponsoring Agency Course Administration

N.D. Admin. Code 38-08-04-01 Sponsoring agency requirements

An approved sponsoring agency shall:

1.Make application to the department for approval if there are any proposed additions or deletions to an approved course.

2.Perform all administrative functions in connection with the course.

3.Upon satisfactory completion of the course, provide each participant with a certificate of course completion approved by the superintendent. Completion records must be maintained for a period of three years from the course completion date.

4.Provide approved instructors to provide presentations for classroom courses.

5.Provide the same course of instruction that is submitted to the superintendent at the time of application for course approval.

6.Provide each participant at the time of enrollment an approved statement, either printed or in electronic format, that indicates an insurer may provide a reduction in premium charges for motor vehicle personal injury and property damage to an insured for at least a two-year period following the participant's successful completion of a motor vehicle crash prevention course. A driver fifty-five years of age or older who successfully completes an approved motor vehicle crash prevention course is entitled to a three-year insurance premium reduction.

7.Provide the superintendent, upon request, a schedule of classroom courses, to include the dates, times, and locations of classroom courses.

8.Authorize the superintendent to audit the records of the approved course and to monitor and evaluate any and all portions of the course, including the classroom facility, self-study materials, and online materials presented via internet-based courses. An internet course provider will provide the superintendent a course access password at no charge, upon request.

9.Upon renewal of an approved course, the course must be updated to accommodate any amendments that have been made to this article within the period of the current course approval.

History

  • History: Effective December 1, 1988; amended effective February 1, 1999; April 1, 2008.
  • General Authority: NDCC 26.1-25-04.1
  • Law Implemented: NDCC 26.1-25-04.1

Chapter 38-02

N.D. Admin. Code 38-02

ARTICLE 38-02

MOTOR VEHICLE MAINTENANCE PROGRAM [Repealed effective November 1, 1980]

Chapter 38-09

N.D. Admin. Code 38-09

ARTICLE 38-09

SAFETY STANDARDS FOR PASSENGER CONTRACT CARRIERS [Repealed effective January 1, 2022]

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.