reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-03 - Sign Installation and Relocation › Section 37-11-03-10 - Sign removal and relocation

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-04 - Contractors and Sign Maintenance › Section 37-11-04-01 - Contractor required

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-04 - Contractors and Sign Maintenance › Section 37-11-04-02 - Contractor qualifications

Current through Supplement No. 393, July, 2024
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. Protection against liability for bodily injury or death of persons and injury to or destruction of property which may be suffered by persons other than the contractor's employees as a result of construction operations in connection with construction of all highway projects.
b. Limits of liability. The policy must provide a limit of not less than five hundred thousand dollars for all damages arising out of the bodily injuries or death of one person, and subject to that limit for each person, a total limit of not less than one million dollars for all damages arising out of the bodily injuries to or death of two or more persons in any one accident. The policy must further provide a limit of not less than five hundred thousand dollars for all damages to or destruction of property in any one accident and subject to that limit a total (or aggregate) limit of not less than one million dollars for all damages to or destruction of property during the policy period.
Such coverage must be extended to cover any subcontractor hired by the contractor.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-04 - Contractors and Sign Maintenance › Section 37-11-04-03 - Maintenance requirements

Current through Supplement No. 393, July, 2024
The permittee is responsible for the maintenance of the sign structure and sign face. The following standards of maintenance must be observed:
1. Any damage must be promptly repaired.
2. Sign faces must be maintained in a legible condition. Sign faces that are badly weathered, peeling, vandalized, or damaged must be considered as requiring maintenance.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-04 - Contractors and Sign Maintenance › Section 37-11-04-04 - Neglected maintenance

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-04 - Contractors and Sign Maintenance › Section 37-11-04-05 - Joint responsibility

Current through Supplement No. 393, July, 2024
When more than one sign face is installed, the permittees have joint responsibility for the maintenance of the sign structure.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-05 - Design and Composition › Section 37-11-05-01 - Specifications

Current through Supplement No. 393, July, 2024
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 the following requirements:
(1) Signs, supporting structures, breakaway bases, anchor units, brackets, stringers, and hardware must be fabricated to meet the dimensions, metal gauge, and bolt holes set forth in the contract and standard drawings. All flat sheet sign backings must be aluminum with reflective sheeting applied as specified.
(2) The traffic-control sign details not otherwise specified must meet the MUTCD published by the federal highway administration.
(3) All sign faces must be according to the detail drawings and the alphabets shown in the MUTCD, standard highway signs, and standard alphabets, published by the federal highway administration. Sign faces not detailed in these publications must meet the detailed drawings shown in the supplementary standard highway signs booklet published by the department.
(4) Regulatory, warning, and guide signs must be detailed and dimensioned according to detailed drawings of the standard highway signs booklet and department supplement. These detailed drawings are available to the sign fabricator upon request from the department. Signs not illustrated in these booklets must be as shown on the standard drawings. The last number in the sign numbers shown is the width of the sign required.
(5) Variable message sign dimensions have been computed by the department of transportation in order to draft these signs by mechanical means. These message computations have been tabulated and must be used to lay out these sign faces in the fabricator's shop. These tabulated sheets will be furnished to the contractor upon request after the contract has been awarded.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-05 - Design and Composition › Section 37-11-05-02 - Sign face backing

Current through Supplement No. 393, July, 2024
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].
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-05 - Design and Composition › Section 37-11-05-03 - Reflective sheeting material

Current through Supplement No. 393, July, 2024
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 the department.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-05 - Design and Composition › Section 37-11-05-04 - Sign messages

Current through Supplement No. 393, July, 2024
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 and corresponding distance information must be placed to the left of the written message. Right-turn directional arrows and corresponding distance information must be placed to the right of the written message. Straight ahead arrows and corresponding distance information must be placed to the left of the written message. Symbols may be incorporated as alternates to word messages. Symbols must be either five inch [127.00 millimeters] square or twelve inch [304.80 millimeters] square and attached to the sign face. Symbol sign design must be in accord with department specifications. Proprietary logos for specific businesses, services, or activities may not be used. Sign face legends are subject to approval by the department and must be submitted with the permit application.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-05 - Design and Composition › Section 37-11-05-05 - "Closed" plate

Current through Supplement No. 393, July, 2024
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 millimeters] by a minimum of ten inches [254.00 millimeters].
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-05 - Design and Composition › Section 37-11-05-06 - Height of sign

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-01 - Motor Vehicle Dealer Licensing › Section 37-12-01-01 - General considerations and dealer qualifications

Current through Supplement No. 393, July, 2024
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 by a certificate furnished by the motor vehicle division director. For a new or used motor vehicle dealer's license, the certificate shall be form MVD-28. Each dealer shall be required to prominently display the certificate in the office area of the place of business.
General Authority: NDCC 39-22-10(2)
Law Implemented: NDCC 39-05-01, 39-22-02, 39-22-04, 39-22-05
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-02 - Special Motor Vehicles › Section 37-12-02-01 - General considerations

Current through Supplement No. 393, July, 2024
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 not supersede the original and unaltered design, construction, or equipment standards of motor vehicles manufactured by a recognized manufacturer.
2.
Definitions.
The terms used throughout this chapter have the same meaning as in North Dakota Century Code title 39, except:
a. "Recognized manufacturer" means a manufacturer of motor vehicles intended for use on the public roadways and for distribution and sale in interstate commerce.
b. "Recognized manufacturer or assembler" means every fabricator of a special vehicle assembled in its entirety as a complete product for use on the public roadways.
c. "Special motor vehicles" means those passenger vehicles and trucks with an unladen weight of six thousand pounds [2721.55 kilograms] or less equipped with two or more axles having at least two wheels per axle, and which are intended for use on public highways. The term "special motor vehicle" includes the following types:
(1) Type I - Those vehicles which are restored to or retain their original configuration but which may contain changed steering, brake, power train, or suspension systems.
(2) Type II - Those vehicles changed from the recognized vehicle manufacturer's original body configuration but which retain the general appearance, including changes to the body chassis or engine of the original vehicle. This type may also include changes and modifications to engine, chassis, brake system, power train, steering, and suspension systems.
(3) Type III - Other than type I and type II special vehicles, those vehicles custom built with fabricated parts, or parts taken from existing vehicles.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-02 - Special Motor Vehicles › Section 37-12-02-02 - Body requirements

Current through Supplement No. 393, July, 2024
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 pushed closed and which allow each door to be opened from the inside by the actuation of a convenient lever, handle, or other suitable device.
2.
Floor pan.
Every special vehicle shall be equipped with a floor pan under the entire passenger-carrying compartment. The floor pan shall support the weight of the number of occupants that the vehicle is designed to carry. The floor pan shall be so constructed that it prevents the entry of exhaust fumes.
3.
Hood latches.
A front-opening hood shall be equipped with a primary and secondary latching system to hold the hood in a closed position.
4.
Instrumentation and controls.
Every special vehicle shall be equipped with a circular steering wheel with an outside diameter of not less than thirteen inches [33.02 centimeters].
5.
Rearview mirror.
Every special vehicle shall be equipped with two rearview mirrors having substantially unit magnification. One shall be mounted on the inside of the vehicle in such a position that it affords the driver a clear view of a straight level road surface at least two hundred feet [60.96 meters] to the rear. The other shall be mounted on the outside of the vehicle on the driver's side in such a position that it affords the driver a clear view to the rear. When an inside mirror does not give a clear view to the rear, the right-hand outside mirrors shall be required in lieu thereof. The mirror mounting shall provide for mirror adjustment by tilting in both horizontal and vertical directions. Each mirror shall have a minimum often square inches [64.52 square centimeters] of reflective surface.
General Authority: NDCC 39-02-03
Law Implemented: NDCC 39-02-03
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-02 - Special Motor Vehicles › Section 37-12-02-03 - Chassis requirements

Current through Supplement No. 393, July, 2024
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, dry, concrete or asphalt surface free from loose material. The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of energy or leakage of any kind.
2.
Bumpers.
Every special motor vehicle shall be equipped with a bumper both on the front and rear of the vehicle with the exception of type I and type II special vehicles where the original or predominant body configuration, provided by a recognized manufacturer, did not include such bumper or bumpers in the design of the vehicle. Type I and type II special vehicles, not excepted as noted above, and all type III special vehicles shall be equipped with horizontal load-bearing bumpers or customized bumpers or grill bars of a sturdy construction which have at least an evenly distributed portion of their horizontal load-bearing width within fourteen inches and twenty-two inches [35.56 centimeters and 55.88 centimeters] above a level road surface and which extend no less than the width of their respective wheel track distances, when these distances are measured to the width of standard size tires. The horizontal bumper or customized bumper or grill bar structure shall be at least four and one-half inches [11.43 centimeters] in vertical height and centered on the vehicle's centerline, and attached to the vehicle frame to effectively transfer impact when engaged.
3.
Exhaust system.
a. Every special motor vehicle shall be equipped with an exhaust system that is free of leaks, including the exhaust manifolds (including headers), the piping leading from the flange of the exhaust manifolds, the mufflers, and the tailpiping.
b. Exhaust systems on property-carrying vehicles shall discharge the exhaust fumes to the rear of that part of the vehicle designed for, and normally used for, carrying the driver and passengers.
c. Exhaust systems on passenger vehicles shall discharge the exhaust fumes at a location to the rear of the vehicle body or direct the exhaust fumes outward from the side of the vehicle body at a location rearward of any operable side windows.
d. No part of the exhaust system shall pass through any area of the vehicle that is used as a passenger-carrying compartment.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-02 - Special Motor Vehicles › Section 37-12-02-04 - Electrical systems requirements - Horn

Current through Supplement No. 393, July, 2024
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 used to actuate the horn shall be easily accessible to the driver when operating the vehicle.
General Authority: NDCC 39-02-03
Law Implemented: NDCC 39-02-03
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-03 - Compulsory Security Requirements of the North Dakota Auto Accident Reparations Act › Section 37-12-03-01 - Definitions

Current through Supplement No. 393, July, 2024
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-insurance.
2. "Insurer" means a basic no-fault insurer or qualified self-insurer.
General Authority: NDCC 26.1-41-02
Law Implemented: NDCC 26.1-41-01
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-03 - Compulsory Security Requirements of the North Dakota Auto Accident Reparations Act › Section 37-12-03-02 - Information requirements

Current through Supplement No. 393, July, 2024
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 furnished by the owner by completing either form SFN 2475, SFN 2870, SFN 2872, or SFN 2875.
2.
Additional information.
The owner shall provide such additional information as the motor vehicle division director shall request when the records of the department indicate that an insurance policy is not in effect or as circumstances indicate such information is necessary.
3.
Insurance policy effective date.
All insurers shall comply with all written requests from the department to furnish information concerning the effective date of an insurance policy.
General Authority: NDCC 26.1-41-02
Law Implemented: NDCC 26.1-41-02
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-03 - Compulsory Security Requirements of the North Dakota Auto Accident Reparations Act › Section 37-12-03-03 - Suspension and surrender of registration certificate and license plates

Current through Supplement No. 393, July, 2024
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 the owner. The motor vehicle division director may direct any peace officer to serve an order of suspension and secure any registration certificate and license plates not surrendered.
2.
Replacement certificate and plates.
Upon certification that the vehicle is covered by an insurance policy and application and payment of the applicable fees, the motor vehicle division director shall issue a replacement registration certificate and license plates to the owner of a vehicle for which the registration certificate and license plates have been suspended.
General Authority: NDCC 26.1-41-02
Law Implemented: NDCC 39-04-05(7), 39-04-06
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-04 - Obtaining Certificate of Title for Untitled Vehicles › Section 37-12-04-01 - Procedure

Current through Supplement No. 393, July, 2024
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 records of the motor
				vehicle division, as well as the records of other appropriate states, will be
				conducted to determine if a certificate of title has previously been
				issued.
2. If no record of a
				previous certificate of title is found, the motor vehicle division will issue a
				North Dakota certificate of title to the applicant upon receipt of:
a. A notarized bill of sale.
b. A vehicle statement of ownership from the
				applicant (form SFN 2903).
c. An
				inspection of the vehicle by a business that is registered with the secretary
				of state, is in good standing, and offers vehicle repair to the public. The
				business completing the certificate of inspection may not be the business that
				reconstructed the vehicle and must state the vehicle is in compliance with the
				requirements of North Dakota Century Code chapter 39-21 (form SFN
				2486).
d. Appropriate title fee,
				license fees, and motor vehicle excise tax.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-05 - Inspection of Salvage Vehicles › Section 37-12-05-01 - Procedure

Current through Supplement No. 393, July, 2024
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 inspect the
				  following equipment to determine it is in compliance with the provisions of
				  North Dakota Century Code chapter 39-21 and North Dakota Administrative Code
				   article 52-04: headlights, turn
				  signals, windshield, mirrors, horn, brakes, exhaust system, taillights,
				  stoplights, license plate lights, clearance lights and reflectors, bumper
				  heights, tires, fenders, steering wheel, steering and suspension, hood latches,
				  door latches, floor pan, and fuel system. In addition to inspecting the listed
				  equipment, a business qualified to perform inspections may require an
				  additional statement from the rebuilder of the salvage vehicle prior to the
				  completion of the certificate of inspection. The additional signed statement,
				  as a part of form SFN 2486, shall require the rebuilder to certify the
				  following:
1. The frame of the salvage
				vehicle was not in need of repair or has been repaired in such a manner that
				the repairs will not detract from the overall performance of the vehicle and
				the frame is now in a condition that would be comparable to the frame of a
				similar vehicle which had not been damaged in an accident.
2. The wheel alignment is within the
				tolerances allowed for vehicles of the same make, year model, and style. A
				business qualified to perform inspections may require this additional
				certification when they determine the salvage vehicle may have suffered damage
				to frame, chassis, or wheel alignment as a result of an accident.
General Authority:
NDCC
					 28-32-02,
					 39-02-03
Law Implemented:
NDCC
					 39-05-20.2
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-12 - Motor Vehicle Division › Chapter 37-12-06 - Motor Vehicle Branch Offices › Section 37-12-06-01 - Motor vehicle branch office fees

Current through Supplement No. 393, July, 2024
Maximum fees for motor vehicle branch office transactions are
				  listed below.
Motor Vehicle Transaction
Maximum Fee
Motor vehicle/New title*
$10.00
Motor vehicle/Title transfer*
10.00
Motor vehicle/Duplicate title
8.00
Motor vehicle/Registration
10.00
Motor vehicle/Duplicate registration
8.00
Motor vehicle/New registration*
5.00
Motor vehicle/Registration change
10.00
Motor vehicle/Renewal
5.00
Motor vehicle/Title correction
10.00
Other/New mobility-impaired
10.00
Other/Duplicate mobility-impaired
10.00
Other/Renewal mobility-impaired
10.00
Other/New personal inventory
10.00
Other/Duplicate personal inventory
8.00
Other/Renewal personal inventory
7.00
Other/Standard permit
10.00
Motor vehicle/New title branch admin
2.00
Motor vehicle/Title transfer branch admin
2.00
Motor vehicle/Duplicate title branch admin
2.00
Motor vehicle/Title correction branch admin
2.00
*The maximum fee for combined new title and registration and
				  for combined title transfer and registration is $12.00.
Each fee to be charged by the motor vehicle branch office
				  must be set forth in an agreement between the branch office and the director.
				  The director must approve the fees for each branch office.
General Authority:
NDCC
					 39-02-03
Law Implemented:
NDCC
					 39-02-03
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-02 - Commercial Driver Training School Requirements › Section 37-13-02-01 - Duties of director - Regulations

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC  28-32-02
Law Implemented:
NDCC
					  39-25-02
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-02 - Commercial Driver Training School Requirements › Section 37-13-02-02 - School - License required - Contents of application for license

Current through Supplement No. 393, July, 2024
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
				statement of the location of the school, the equipment, the vehicles to be used
				for training, courses of instruction, instructors, previous records of the
				school and instructors, financial statements, schedule of fees and charges,
				character and reputation of the operators, insurance, and any other matter as
				the director may prescribe for the protection of the public.
3. A commercial driver training school may be
				licensed to offer instruction through an internet course only.
4. The director shall issue a license
				indicating the type of license or restriction of instruction provided in the
				license.
5. The license must be
				displayed in a conspicuous location in the licensee's principal place of
				business and each branch office.
6.
				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.
7. The location of the school's principal
				place of business and branch offices must have adequate facilities, equipment,
				and available space to meet the approval of the director and must also be in
				compliance with all applicable ordinances.
8. Each commercial driving school license
				application must be accompanied by a current rental or lease agreement. In case
				of ownership, a statement verifying ownership of the premises must be attached
				to the application.
9. Commercial
				driver training applications must be accompanied by a schedule of fees and
				charges. The schedule of fees and charges may be Adopted at any time by the
				licensee provided such changes in the fee schedule are filed with the director
				not less than ten days before they become effective. Absent proper notification
				to the director a fee designated and set forth in a contract must be adhered to
				for the duration of that contract.
General Authority:
NDCC  28-32-02
Law Implemented:
NDCC  39-25-03,
					  39-25-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-02 - Commercial Driver Training School Requirements › Section 37-13-02-03 - Expiration and renewal of licenses - Fees

Current through Supplement No. 393, July, 2024
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
				expire on the last day of the calendar year and may be renewed upon application
				to the director. Each application for an original or renewal license must be
				accompanied by a fee of ten dollars.
3. All fees collected under this chapter must
				be deposited in the state treasury in the state highway fund.
4. License fees may not be refunded in the
				event any license is rejected, suspended, or revoked.
General Authority:
NDCC  28-32-02
Law Implemented:
NDCC
					  39-25-05
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-02 - Commercial Driver Training School Requirements › Section 37-13-02-04 - Business records

Current through Supplement No. 393, July, 2024
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 of
				student.
d. Contract
				number.
e. Date and type of
				lesson.
f. Name of instructor and
				instructor number.
g. Student
				identification number.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-02 - Commercial Driver Training School Requirements › Section 37-13-02-05 - Advertising

Current through Supplement No. 393, July, 2024
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.
c. Advertise or intimate that a commercial
				driver's or instructor's license encompasses certification by the North Dakota
				department of public instruction.
d. Advertise the address of any location
				other than the authorized principal place of business or licensed branch
				office.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-02 - Commercial Driver Training School Requirements › Section 37-13-02-06 - Agreements and contracts

Current through Supplement No. 393, July, 2024
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 of instruction and the
				rate per hour.
e. The signature of
				the student or other authorized person, or both, except an electronic contract
				is acceptable for the internet course only.
f. The date of the contract.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-02 - Commercial Driver Training School Requirements › Section 37-13-02-07 - Insurance and safety

Current through Supplement No. 393, July, 2024
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 dollars
				because of bodily injury to or death of any one person in any one
				accident.
b. At least three hundred
				thousand dollars because of bodily injury to or death of two or more persons in
				any one accident.
c. At least
				twenty-five thousand dollars because of damage to or destruction of property of
				others in any one accident.
d. At
				least thirty thousand dollars for medical expenses regardless of
				liability.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-02 - Commercial Driver Training School Requirements › Section 37-13-02-08 - Bond required

Current through Supplement No. 393, July, 2024
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 rights of students,
				  undertaken by a company authorized to do business in the state of North Dakota.
				  The concerned surety company may cancel said bond upon giving thirty days'
				  written notice thereof to the director. The surety company must be released of
				  all liability for any breach of any condition of the bond occurring after the
				  effective date of the cancellation.
General Authority:
NDCC  28-32-02
Law Implemented:
NDCC
					  39-25-03
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-03 - Driver Training Vehicle Requirements › Section 37-13-03-01 - Vehicle standards

Current through Supplement No. 393, July, 2024
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 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
				[127 millimeters] in height.
4. 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 director. The federal department of transportation annual vehicle
				inspection may be accepted for commercial vehicles. The vehicle inspection must
				be done by a person authorized by the director. The license of a commercial
				driver training school or instructor may be suspended at any time if a vehicle
				used for driver training purposes is not maintained in a safe operating
				condition.
5. 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 be equipped
				with:
a. Dual control brakes. Not applicable
				in trucks for truck driving schools.
b. Dual control clutch pedal, when
				applicable.
c. External rearview
				mirrors on left and right sides of the vehicle.
d. Safety restraint for each occupant of the
				vehicle.
e. Air bags if originally
				equipped.
f. First aid
				kit.
g. Fire
				extinguisher.
h. Instructor
				rearview mirror and eye check mirror.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-05 - Driver Training Instruction Requirements › Section 37-13-05-01 - Training curriculum

Current through Supplement No. 393, July, 2024
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 purpose of providing training
				necessary to provide a certificate of course completion, as defined in North
				Dakota Century Code section  39-25-01.
3. The minimum requirements for a class D
				driving school include thirty hours of classroom and a minimum of six hours of
				actual behind-the-wheel instruction, not to include observation time.
a. Driving schools are not required to meet
				the thirty hour classroom requirement and may continue to offer only
				behind-the-wheel instruction.
b.
				Driving schools that do not meet the requirements listed within this section
				and do not qualify to provide a certificate of course completion are not
				eligible for the student skill test waiver provided in North Dakota Century
				Code section  39-25-02.1. These courses must issue a certificate of training, as
				defined in section 37-13-01-01.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-05 - Driver Training Instruction Requirements › Section 37-13-05-02 - Certificate in lieu of skill test

Current through Supplement No. 393, July, 2024
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
				regulations prescribed herein. When a driving school course is so certified by
				the director, the certificate of course completion may be presented to the
				driver's license office as evidence of completing the ability test in lieu of
				an additional ability test performed by examiners for license
				issuance.
2. "Certificate of course
				completion" means a certification of completion of thirty hours of classroom
				training and a driving course through which the graduate has demonstrated the
				correct behavior of driving safely on the highway while interacting with other
				traffic. The certification includes successful demonstration of:
a. Starting and stopping the
				vehicle;
b. Proper driving
				posture;
c. Proper use of vehicle
				controls, including use of clutch or automatic transmission;
d. General observation skills and attention
				to the driving task;
e. Controlling
				the vehicle;
f. Speed
				control;
g. Proper intersection
				speed;
h. Intersection
				observance;
i. Traffic lights, stop
				sign intersections, and railroad crossings;
j. Adherence to other traffic
				signs;
k. Unsigned
				intersections;
I. Proper application
				of the right-of-way;
m. Proper lane
				positioning;
n. Safe lane
				changes;
o. Multi-lane and one-way
				streets;
p. Proper full
				stops;
q. Proper following
				distance;
r. Right turns and left
				turns;
s. Proper
				signaling;
t. Backing, to include
				parallel parking without park assist technology; and
u. Driving in residential, business, highway,
				and rural areas, including gravel road surfaces.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-05 - Driver Training Instruction Requirements › Section 37-13-05-03 - Behind-the-wheel instruction

Current through Supplement No. 393, July, 2024
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 of such machines has been
				specifically approved as a part of the curriculum of behind-the-wheel training
				by the director. Any type of simulation training shall be in addition to
				student completion of at least six hours of actual behind-the-wheel driving in
				a class D motor vehicle and in addition to at least one hundred hours
				behind-the-wheel in a class A, B, or C motor vehicle.
3. Instructors shall ensure seatbelts are in
				use at all times while instruction is being given behind the wheel of a motor
				vehicle.
4. Instructors shall
				ascertain the student is in possession of a valid driver instruction permit or
				driver's license prior to giving behind-the-wheel instruction.
5. Instructors shall at all times, while
				giving behind-the-wheel instruction, ensure students do not violate any traffic
				law, rule, regulation, sign, or street marking governing the operation of a
				motor vehicle.
6. When the student
				has satisfactorily completed behind-the-wheel instruction, the authorized
				school operator or instructor shall furnish the student a certificate of course
				completion or a certificate of training, depending on the type of training
				provided by the school to the student.
7. Instruction may not be given on routes
				used for the North Dakota state driver license road test.
General Authority:
NDCC  28-32-02
Law Implemented:
NDCC
					  39-25-02
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-13 - Commercial Driver Training School Requirements › Chapter 37-13-06 - Refusal, Suspension, or Revocation of LICENSE › Section 37-13-06-01 - Refusal, suspension, or revocation of license

Current through Supplement No. 393, July, 2024
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 must be returned to the director by the licensee
				within ten days of the action.
2.
				The license of a commercial driver training school or instructor may be
				revoked, suspended, issuance refused, or a renewal refused under any of the
				following conditions:
a. Whenever the person
				commits fraud or engages in fraudulent practice with reference to the person's
				license application.
b. Whenever
				the commercial driver training school or instructor induces or countenances
				fraud or fraudulent practice on the part of any applicant for a driver license
				or instruction permit.
c. When a
				commercial driver training school or an instructor advertises or implies that a
				driver license is guaranteed upon completion of the course of
				instruction.
d. When instruction is
				given to a person who does not have a valid permit or driver license in their
				possession.
e. When a certificate
				of enrollment or completion is signed by an authorized school operator or
				instructor and information on the certificate is false.
f. When the person is convicted of a
				violation of a criminal law or traffic law, or both, including driving a motor
				vehicle while under the influence of intoxicating liquor or narcotic drugs,
				leaving the scene of an accident, careless driving, or reckless
				driving.
g. When there is evidence
				that intoxicating beverages were present or consumed on the school premises or
				in its training vehicles.
h. When a
				student is overcharged or encouraged to continue indefinite instructions beyond
				the point where the student is capable of passing the driver license
				examination, or both.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-14 - Lifetime Commercial Driver's License Disqualification Reinstatement › Chapter 37-14-01 - Authority for Reinstatement › Section 37-14-01-01 - State and federal authority

Current through Supplement No. 393, July, 2024
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
				not less than ten years. A violation under subsection 14 of North Dakota
				Century Code section  39-06.2-10 is not eligible for reinstatement of a lifetime
				disqualification.
2. This authority
				is adopted from  49 CFR 383.51(6)  - Reinstatement after lifetime
				disqualification.
General Authority:
NDCC  28-32-02
Law Implemented:
NDCC
					  39-06.2-10(4)
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-14 - Lifetime Commercial Driver's License Disqualification Reinstatement › Chapter 37-14-02 - Qualifications for Reinstatement › Section 37-14-02-01 - Application for reinstatement

Current through Supplement No. 393, July, 2024
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 years from the effective date of the
				lifetime disqualification.
b. The
				driver must submit the request on a form prescribed by the director.
c. The driver must submit a medical report to
				the director with the request for reinstatement.
d. If the driving record contains alcohol- or
				drug-related convictions, the driver must complete or have completed an
				alcohol/drug evaluation and complete or have completed any recommended
				treatment. Evidence of a completed evaluation and treatment must be provided
				with the application for reinstatement.
e. Within the ten years preceding the
				request, the driver may not have any of the following traffic violations:
(1) Drug or alcohol violations;
(2) Leaving the scene violations;
(3) Felonies involving the use of any motor
				vehicle; or
(4) Any convictions
				while operating a commercial motor vehicle.