North Dakota Administrative Code

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 …

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 fac…

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…

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. History: Effective March…

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, pet…

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. History: Effective March 1, 1992. General Authority: NDCC 39-06-33 Law Implemented: NDCC…

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.…

Repealed effective October 1, 1988.

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. History: Effective January 1, 1979; amended effective October 1, 1988. 1 General Authority: NDCC 39-24…

Repealed effective October 1, 1988.

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…

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 pre…

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, …

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…

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 fou…

Recreational vehicles shall be equipped with brakes capable of controlling the vehicles under normal operating conditions. History: Effective January 1, 1979; amended effective October 1, 1988. General Authority: NDCC 39-24-08, 39-29-08 Law Implemented: NDCC 39-24-08, 39-29-08 3 …

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 …

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…

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 …

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. History: Effective July 1, 1983; amended effective Aug…

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…

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 …

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 thi…

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 f…

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 t…

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 tra…

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…

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 pe…

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 e…

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, suppo…

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, merg…

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 si…

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 highw…

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 …

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. 1 b. Signs located in a manne…

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 [ki…

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"…

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 m…

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 kilom…

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 t…

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…

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 …

exceed ninety-seven feet. 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 …

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…

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

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 …

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 …