North Dakota Administrative Code

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…

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 da…

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 b…

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 a…

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 …

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 …

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…

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 highway patrol in the drive…

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 h…

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 th…

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. History: Effective December 1, 1988. General Authority: NDCC 39-25-03 Law Implemented: NDCC 39-25-03

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 da…

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…

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 con…

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. History: Effective December 1, 1988. General Authority: NDCC 39-25-02 Law Implemented: NDCC 39-25-02

A list of vehicles used for driver training must be maintained and filed with the superintendent. History: Effective December 1, 1988. General Authority: NDCC 39-25-02 Law Implemented: NDCC 39-25-02

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 [1…

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 transporta…

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 …

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 t…

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. 2 History: Effective December 1, 1988; amended effective April 1, 1992. Gen…

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 eve…

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 requirement…

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 complet…

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 …

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 s…

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 t…

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 retu…

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. Hi…

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, mu…

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: Effective December 1, 1988. General Authority: NDCC 26.1-25-04.1 Law Implemented: NDCC 26.1-25-04.1 1…

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: Effective December 1…

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…

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…

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, pr…

1. There shall be the following classes of membership in the state historical society of North Dakota: a. Basic. b. Family. c. Honorary. 2. Membership shall be for a period of one year renewable on a monthly basis. History: Effective December 1, 1987. General Authority: NDCC 55-0…

1. Basic membership requires payment of a membership fee of ten dollars for United States residents and fifteen dollars for residents of other countries. All organizational subscribers, exchanges, and former life members will receive a basic membership. All subscribers at the tim…

1. Basic membership benefits are subscription to North Dakota History, Plains Talk, a membership card, invitations to special events, and an invitation to the annual meeting. 2. Family membership benefits are basic benefits plus free admission for all family members to state hist…

In lieu of a membership program established under sections 40-01-02-01, 40-01-02-02, and 40-01-02-03, the state historical society may transfer its public membership program to the state historical society of North Dakota foundation by cooperative agreement. History: Effective Ma…

As used in this chapter, unless the context otherwise requires: 1. "Analysis" means any activity that requires Indian human skeletal remains and associated grave goods to be touched by any person other than appropriate Indian spiritual leaders appointed by their respective tribal…

With the exception of those articles constituted by human skeletal remains and associated grave goods, the state historical board may deaccession articles from its collections upon the assessment of the director. The director, in making such an assessment to deaccession articles,…

A permanent record will be kept of all articles deaccessioned in accordance with section 40-01-03-02. History: Effective September 1, 1989. General Authority: NDCC 28-32-02 Law Implemented: NDCC 55-01-02(3)

Human skeletal remains and associated grave goods are recognized as a distinct collection category exempt from the general method of deaccession and disposal prescribed in sections 40-01-03-02 and 40-01-03-03. Human skeletal remains and associated grave goods included in the cate…

The state historical society shall endeavor to secure the written consent of all living donors and federal custodians of human skeletal remains and associated grave goods in its collections to release all such articles for reinterment. In those instances wherein such written cons…

release of any or all of the human skeletal remains and associated grave goods involved in the respective consent request, the state historical society shall immediately, upon receiving such denial of consent in each instance, notify the intertribal reinterment committee of the d…

Until such time as the human skeletal remains and associated grave goods in the state historical society's collections are released for reinterment, all such articles must be secured and continuously restricted from access by any person, except as provided in section 40-01-03-04.…

The terms used throughout this title have the same meaning as in North Dakota Century Code chapter 55-10, except: 1. "Board" means the state historical board as defined in North Dakota Century Code section 55-01-01. 2. "Committee" means the committee on archaeology and historic p…

The registry should not be confused with the National Register of Historic Places. A property listed in the registry may also, but will not necessarily, be listed or determined eligible for listing in the National Register of Historic Places. Only when registry properties are als…

The state historical board shall consider historic and prehistoric sites, structures, buildings, objects, neighborhoods, networks, and cultural landscapes eligible for inclusion in the registry if it can be demonstrated that: 1. They have been associated with and now illustrate, …