North Dakota Administrative Code

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…

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 39-21-46 2

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' eq…

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…

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 ev…

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 le…

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 t…

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 wil…

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-…

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…

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: Effective January 1, 1988; amended effectiv…

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 thou…

Limitations for single trip permits for overweight movements must be as determined by department of transportation engineers. History: Effective January 1, 1988; amended effective January 1, 1992; January 1, 2016. General Authority: NDCC 39-12-02 Law Implemented: NDCC 39-12-02

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 [4.8…

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 …