Title 39, Motor Vehicles

Delivery of the order of revocation is deemed to have occurred seventy-two hours after the order is mailed by regular mail to the address of record in the department under section 39-06-20.

1. This section applies only to an individual who displays an operator's license issued by the United States department of state to a police officer or who otherwise claims immunities or privileges under chapter 6 of title 22 of the United States Code with respect to the individu…

The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 [title XII of Pub. L. 99-570, 49 U.S.C. 2701, repealed] and Motor Carrier Safety Improvement Act of 1999 [Pub. L. 106-159; 113 Stat. 1748; 49 U.S.C. 113 et seq.] and reduce or prev…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol. 2. "Alcohol concentration" means: a. The number of grams of alcohol per one h…

No person who drives a commercial motor vehicle may have more than one driver's license.

1. Notification of convictions. a. To state: Any driver holding a commercial driver's license issued by this state who is convicted of violating any state or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or m…

1. Each employer shall require the applicant to provide the information specified in section 39-06.2-04. 2. No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period: a. In which the driver's commercial driver's license i…

1. Except when driving under a commercial learner's permit and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, an individual may not drive a commercial motor vehicle on the highways of this state unless the individual holds and is in…

1. An individual may not be issued a commercial driver's license unless that individual is a resident of this state; has passed a knowledge and skills test that may include a skills test or knowledge test administered by another state or skills test or knowledge test results elec…

1. The application for a commercial driver's license or commercial learner's permit must include the following: a. The full name and current residence and mailing address of the applicant; b. A physical description of the applicant, including sex, height, weight, and eye and hair…

1. The director may issue a commercial learner's permit or commercial driver's license to a North Dakota resident who meets the medical qualification and certification requirements pursuant to the limitations of 49 CFR parts 383 and 391. 2. Every individual who makes application …

1. The director shall query a federal drug and alcohol clearinghouse before issuing, renewing, upgrading, or transferring a commercial driver's license or commercial learner's permit and review the driver's information when notified by the clearinghouse of a status change. 2. The…

1. The commercial driver's license must be marked "commercial driver's license", and must be, to the maximum extent practicable, tamper proof. The license must include the following information: a. The name and residential address of the individual; b. The individual's color phot…

1. The department may issue a nondomiciled commercial driver's license to an applicant who does not present a social security card as required by section 39-06.2-08 but who otherwise meets the requirements for a nondomiciled commercial driver's license. A license issued under thi…

1. An individual is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of: a. Driving a commercial motor vehicle under the influence of alcohol or drugs; b. Leaving the scene of an accident involving a com…

Any person who drives or is in actual physical control of a commercial motor vehicle within this state with an alcohol concentration of at least four one-hundredths of one percent by weight must, in addition to any other sanctions which may be imposed under this code, be disquali…

1. A person who drives or is in actual physical control of a commercial motor vehicle within this state is deemed to have given consent to take a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration, or the pres…

If a person submits to a test under section 39-06.2-10.2 and the test shows that person to have an alcohol concentration of at least four one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actua…

If a driver licensed in another state refuses, in this state, a test provided under section 39-06.2-10.2 or submits to a test under section 39-06.2-10.2, and the test results show an alcohol concentration of at least four one-hundredths of one percent by weight, the following pro…

If a person refuses to submit to testing under section 39-06.2-10.2, the law enforcement officer shall immediately take possession of the person's driver's license and issue to that person a temporary driver's permit. The director, upon the receipt of that person's driver's licen…

1. Before issuing an order of suspension, revocation, or disqualification under section 39-06.2-10, the director shall afford that person an opportunity for a hearing as provided by section 39-20-05, if the person mails a request for the hearing to the director within ten days af…

Any person whose commercial driver's license or privilege has been suspended, revoked, or denied by the decision of the hearing officer under section 39-06.2-10.6 may appeal within seven days after the date of the hearing under section 39-06.2-10.6 as shown by the date of the hea…

A temporary driver's permit extends driving privileges for twenty-five days, unless earlier terminated by the decision of a hearing officer under section 39-06.2-10.6. The law enforcement officer must sign and note the date of issuance on the temporary driver's permit. The tempor…

The director shall adopt rules for the issuance and enforcement of out-of-service orders. The rules must be in accordance with the standards and requirements of the federal Commercial Motor Vehicle Safety Act of 1986 [Pub. L. 99-570; 100 Stat. 3207-179; 49 App. U.S.C. 2708] and 4…

The director may issue a class D driver's license to a driver suspended, revoked, or disqualified under this chapter when: 1. The suspension, revocation, or disqualification arises from a violation under this chapter which would not require similar sanctions under chapter 39-06, …

Within ten days after receiving a report of the conviction of any nondomiciled holder of a commercial driver's license for any violation of state or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, …

Notwithstanding any other provision of law and upon payment of a fee listed in section 39-06.2-19, the director shall provide full information regarding the driving record of an individual who has been issued a commercial driver's license to an employer or to a prospective employ…

The director may, pursuant to chapter 28-32, adopt any rules necessary to carry out the provisions of this chapter.

The director may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.

1. Notwithstanding any other provision of law, an individual may drive a commercial motor vehicle in this state if the individual has a valid commercial driver's license or commercial learner's permit issued by any state, province or territory of Canada, or licencia federal de co…

A disqualification imposed in accordance with the provisions of 49 CFR part 383.52 relating to notification from the federal motor carrier safety administration that the driver is disqualified from driving a commercial motor vehicle and is determined to constitute an imminent haz…

1. All money received under this chapter must be paid monthly to the highway fund in the state treasury. 2. The fee for: a. A commercial driver's license test is five dollars. b. An application for a commercial driver's license or permit is fifteen dollars. c. Each endorsement is…

1. It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter. Except as provided in section 39-10.1-10, a person who violates any of the provisions of this chapter may be assessed a fee not to exceed five dollars. 2. The parent of a…

Every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this title and except as to those provisions of this title which by their nature …

1. A person propelling a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto. 2. No bicycle may be used to carry more persons at one time than the number for which it is designed and equipped.

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the same or the person's self to any vehicle upon a roadway, except a sled being pulled by a snowmobile.

1. An individual operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. 2. A group of individuals riding bicycles upon a roadway may not ri…

1. An individual operating a bicycle who is approaching a stop sign at an intersection with a roadway having three or more lanes for moving traffic shall come to a complete stop before entering the intersection. 2. An individual operating a bicycle who is approaching a stop sign …

No person operating a bicycle may carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.

1. Every bicycle when in use at nighttime must be equipped with a lamp on the front which emits a white light visible from a distance of at least five hundred feet [152.4 meters] to the front and with a red reflector on the rear of a type approved by the department. A lamp emitti…

Any violation of this chapter, or any moving violation as defined in section 39-06.1-09, or any nonmoving violation as defined in section 39-06.1-08 when committed on a bicycle, an electric bicycle, or a multipassenger bicycle, as defined in section 39-01-01, is not cause for the…

1. Beginning January 1, 2022, any person that manufacturers or distributes an electric bicycle in this state shall affix a permanent label to the electric bicycle which contains the following information in at least nine-point Arial font: a. The designated class of the electric b…

An individual operating a bicycle or riding an animal on a roadway, or an area the public has access to, may not be under the influence of alcohol or any drug to a degree which renders the individual a hazard to themselves or the general public. An individual who violates this se…

Unless otherwise allowed by a governmental entity having jurisdiction, a multipassenger bicycle may not be operated on any bicycle path or multi-use path.

Every person operating a motorcycle or motorized bicycle is granted all of the rights and is subject to all of the duties applicable to the driver of any other vehicle under this title, except as to special regulations in this chapter and except as to those provisions of this tit…

1. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator may not carry any other person nor may any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event…