North Dakota Administrative Code

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…

1. Door latches. Every special motor vehicle that is equipped with doors leading directly into a compartment that contains one or more seating accommodations shall be equipped with mechanically actuated door latches which firmly and automatically secure the door when 1 pushed clo…

1. Brakes. Every special motor vehicle shall be equipped with parking brakes operating on at least two wheels on the same axle which when applied shall be capable of producing a tire to road braking force of not less than twenty-five percent of the gross vehicle weight on a level…

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

The terms used throughout this chapter have the same meaning as in North Dakota Century Code title 39, except: 1. "Insurance policy" means security as required by North Dakota Century Code chapter 26.1-41, either by a policy issued by a basic no-fault insurer or a plan of self-in…

1. Basic information. Every owner when applying for registration, reregistration, or transfer of ownership shall supply any information the motor vehicle division director reasonably requires to determine that the vehicle is covered by security. Such information shall be furnishe…

1. Reason for suspension. If the department records indicate that any owner has ceased to maintain an insurance policy, the motor vehicle division director shall suspend the registration certificate and license plates for the vehicle and shall demand their immediate surrender by …

If a North Dakota resident owns a vehicle for which the resident is unable to obtain a proper certificate of title, the motor vehicle division will use the following forms and procedures to determine ownership of a vehicle and issue a certificate of title: 1. A check of the recor…

A business that is registered with the secretary of state, is in good standing, and offers motor vehicle repair to the public, when inspecting a salvage vehicle under the provisions of North Dakota Century Code section 39-05-20.2, must physically inspect the following equipment t…

Maximum fees for the following motor vehicle branch office services are listed below. Motor Vehicle Transaction Maximum Fee Motor vehicle/New title* $10.00 Motor vehicle/Title transfer* 10.00 Motor vehicle/Duplicate title 10.00 Motor vehicle/Registration 10.00 Motor vehicle/Dupli…

In this article, unless the context or other subject matter requires: 1. "Certificate of training" means a certification of training completion of a driving course through which the graduate has completed the driving course criteria listed in section 37-13-05-02, but the training…

1. The director shall administer and enforce this chapter as necessary to protect the public. 2. The director shall inspect the school facilities, equipment of applicants and licensees, and examine applicants for instructor's and examiner's licenses or certifications as needed. H…

1. A commercial driver training school may not be established nor may any existing school continue to operate unless the school applies for and obtains from the director a license in the manner and form prescribed by the director. 2. The application for license must include a sta…

1. A commercial driving school license expires on the last day of the calendar year and may be renewed upon application to the director. Each application for an original or renewal school license must be accompanied by a fee of twenty-five dollars. 2. All instructor licenses expi…

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…

1. Commercial driver training schools may not: a. Publish, advertise, or intimate that a driver's license is guaranteed or assured. b. Duplicate or reproduce, in whole or in part for use in advertising or instruction any forms used by the North Dakota department of transportation…

1. All contracts between schools and students must be on a form approved by the director. The contract must include: a. The name, date of birth, and address of the student. b. The kind of training provided. c. Approved vehicles to be used for instruction. d. The number of hours o…

1. The licensee shall file with the director evidence of liability insurance obtained from a company authorized to do business in the state of North Dakota. Proof of insurance is required for each vehicle used for driver training in the amount of: a. At least one hundred thousand…

The commercial driver training school owner or operator shall secure and submit with the application for license a continuous surety company bond in the principal sum of five thousand dollars for motor vehicle driver's license instruction for the protection of the contractual rig…

1. Vehicles may not be used for driver training purposes which are more than ten model years old. 2. A list of vehicles used for driver training must be maintained and filed with the director. 3. Vehicles, while being used for driving instruction, may have displayed conspicuously…

1. An applicant for a commercial driver training instructor license must: a. Be a resident of the state of North Dakota, unless waived by the director for good cause. b. Furnish the director information relating to all previous places of residence located outside of the state of …

1. Training curriculum utilized for the internet course, classroom, and behind-the-wheel training must be approved by the director. 2. The requirement for behind-the-wheel time listed in this section is minimum in nature, and may be exceeded, as needed, to meet the specific purpo…

1. A training program may be certified as valid for road test purposes to waive the class D road skill test. The program, whether provided by a commercial driving school or a public school, must comply with all requirements of North Dakota Century Code chapter 39-25 or the regula…

1. Instructors must at all times, while giving behind-the-wheel instruction, carry a valid driver's license applicable to the type of vehicle for which instruction is being conducted. 2. Instruction may be provided on machines which simulate driving conditions only when the use o…

1. The director may refuse to issue, or may suspend or revoke a license in any case when the director finds the applicant or licensee has violated any of the provisions of North Dakota Century Code chapter 39-25 or the regulations prescribed herein. A suspended or revoked license…

1. The director is authorized to establish guidelines, including conditions, under which a disqualification of commercial driver's license driving privileges for life under subsections 3, 9, 11, and 13 of North Dakota Century Code section 39-06.2-10 may be reduced to a period of …

1. The driver may apply to the North Dakota department of transportation for reinstatement of lifetime commercial driving privileges. The approval is subject to the discretion of the director and subject to the following requirements: a. The request may not be made prior to ten y…

1. If the decision is made to reinstate the driving privilege, prior to reinstatement the driver shall complete the following: a. Pay all outstanding reinstatement fees; b. Meet all outstanding reinstatement requirements; c. Pass the required knowledge, vision, and skills tests t…

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…

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 …

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 Mate…

These regulations include such amendments as may be promulgated by the United States department of transportation. History: Effective October 1, 1983. General Authority: NDCC 28-32-02 Law Implemented: NDCC 39-21-44 2

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…

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 moveme…

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 car…

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…

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…