North Dakota Administrative Code

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. History: Effective April 1, 1992. General Authority: NDCC 24-02-01.2, 39-02-03 Law Implemented: NDCC 39-05-17.2

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 mu…

This chapter is effective April 1, 1992, and is prospective in application. History: Effective April 1, 1992. General Authority: NDCC 24-02-01.2, 39-02-03 Law Implemented: NDCC 39-05-17.2 2

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…

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…

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 39-06-42. The suspension periods for driving a commercial motor vehicle in violatio…

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 place…

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 dr…

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 comm…

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: Effective January 1, 2006. General Authority: NDCC 39-06.2-14 Law Implemented: NDCC 39-06.2-10.9; 4…

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 t…

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 t…

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: Effective January 1, 2006. General Authority: NDCC 39-06.2-14 La…

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…

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 unl…

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 geometri…

Every person requesting a tourist-oriented directional sign shall make application on a form prescribed by the director. History: Effective August 1, 1994. General Authority: NDCC 39-13-09 1 Law Implemented: NDCC 39-13-09

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 t…

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…

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 perso…

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. History: Effective…

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 …

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: Effective August 1, 1994. General Authority: NDCC 38-13-09 Law Implemented: NDCC 39-…

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. History: Effective August 1, 1994. General Authority: NDCC 39-13-09 Law Implemented: NDCC 39-13-09

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, thi…

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. History: Effective August 1, 1994. General Authority: NDCC …

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. History: Effective August 1, 1994. General Authority: NDC…

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 te…

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 of…

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. History: Effective Augu…

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…

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 la…

Tourist-oriented directional sign structures facing one direction of traffic shall be spaced not less than two hundred feet [60.96 meters] apart. History: Effective August 1, 1994. General Authority: NDCC 39-13-09 Law Implemented: NDCC 39-13-09

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. History: Effective August 1, 1994. General Authority: NDCC 39-13-09 Law Implemented: NDCC 39-13-09

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. History: Effective August 1, 1994. General Authority: NDCC 39-13-09 Law Implemented: NDCC 39-13-09

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…

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. History: Effective August 1, 1994. General Authority: NDCC 39-13-…

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. History: Effective August 1, 1994. General …

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. Pr…

The permittee is responsible for the maintenance of the sign structure and sign face. The following standards of maintenance must be observed: 1 1. Any damage must be promptly repaired. 2. Sign faces must be maintained in a legible condition. Sign faces that are badly weathered, …

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. History: Effective August 1, 1994. Ge…

When more than one sign face is installed, the permittees have joint responsibility for the maintenance of the sign structure. History: Effective August 1, 1994. General Authority: NDCC 39-13-09 Law Implemented: NDCC 39-13-09 2

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 t…

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]. 6 History: Effective August 1, 1994. General Authority: NDCC 39-13-09 Law Impleme…

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 …

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 an…

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 milli…

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. History: Effective August 1, 1994. General Authority: NDCC 39-13-09 Law Implemented: NDCC 39-13-09 7…

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 …

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 no…