reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The definitions provided in North Dakota Century Code title 39 apply to this article, and:
1. "Hearing officer" means the person designated by the director to conduct the administrative hearing.
2. "Petitioner" means the party in interest requesting the administrative hearing under North Dakota Century Code section 39-06-33.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-02 - Applicability

Current through Supplement No. 393, July, 2024
The procedures in this chapter apply to administrative hearings arising under North Dakota Century Code section 39-06-33, and North Dakota Administrative Code  chapters 37-03-03 and 37-03-05.
Any rule in 37-03-03 or 37-03-05 pertaining to the administrative hearing process prevails if in conflict with a provision of this chapter.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-03 - Informal disposition of administrative appeal

Current through Supplement No. 393, July, 2024
When not prohibited by statute or rule, an administrative appeal may be disposed of, in whole or in part, by stipulation, settlement, waiver of the hearing, default, or consent.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-04 - Director to conduct hearing

Current through Supplement No. 393, July, 2024
The director may designate a hearing officer to conduct the hearing. The director or the director's hearing officer has the authority to call and examine witnesses, to examine records and other evidence, and to administer oaths to witnesses. The director and the director's hearing officers have the authority to issue subpoenas on behalf of the department or upon the request of a party to the hearing, compelling the attendance and testimony of witnesses or the production of documents or other items described in the subpoena. The issuance of a subpoena for the production of documents will be made only upon the submission of written justification for such documents. Witness fees, mileage, and related costs are payable at the rate payable in district court. The witness fees, mileage, and related costs are to be paid by the party requesting the witness's appearance, or the department if it requests the appearance.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-05 - Evidence

Current through Supplement No. 393, July, 2024
Evidence will be admitted pursuant to the North Dakota Rules of Evidence. Such rules may be waived by the department, the director, or the director's hearing officers; however, only relevant evidence is admissible. The petitioner must be informed of the waiver prior to or at the hearing. All objections must be noted in the record of the hearing. Only information and evidence offered, admitted, and made part of the official record of the hearing may be considered by the department, except as otherwise provided in this chapter or by statute.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-06 - Testimony

Current through Supplement No. 393, July, 2024
All testimony at the hearing must be given under oath or affirmation. At the time of administering the oath or affirmation, the hearing officer shall advise the witness of the provisions of subsection 1 of North Dakota Century Code section 12.1-11-01 and of the maximum penalty for perjury.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-07 - Consideration of information not presented at formal hearing

Current through Supplement No. 393, July, 2024
The department may avail itself of competent and relevant information or evidence in its possession or furnished by members of its staff, or secured from any person in the course of an independent investigation conducted by it, in addition to the evidence presented at the hearing. It may do so after providing a copy of such information or evidence to the petitioner, and, upon written request, the petitioner must be given the opportunity to present additional information or evidence and to cross-examine the person furnishing the additional information or evidence. The request to present information or evidence by the petitioner must be made in writing within ten days of the mailing of the evidence to the petitioner. Any further testimony must be taken at a hearing noticed in accordance with North Dakota Century Code section 39-06-33.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-08 - Record

Current through Supplement No. 393, July, 2024
A record must be made of all evidence presented at the hearing. Oral testimony may be taken by a court stenographer or by an electronic recording device. All evidence presented at the hearing must be maintained by the department. A copy of the electronic recording of the hearing will be furnished to the party requesting the hearing upon written request and upon payment of the uniform charge therefor.
1. For one cassette $10.00
2. Handling and postage 1.00
3. Exhibits, 8 1/2 x 11 .05 per page
4. Exhibits, others, at cost
If the oral testimony is taken by a court stenographer, the transcript fee will be that charged by the court stenographer.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-09 - Findings of fact, conclusions of law, and decision-Notice

Current through Supplement No. 393, July, 2024
Within thirty days after the evidence has been received, briefs filed, and final statements made, the hearing officer must make recommended findings of fact, conclusions of law, and decision to the director. Within fifteen days after the receipt of the recommended findings of fact, conclusions of law, and decision, the director or the director's hearing officer shall by order adopt the recommendation of the hearing officer or make separate findings of fact, conclusions of law, and decision, including therein the reason for rejecting the recommendations of the hearing officer. Upon final disposition of the matter, the department must furnish a copy of the decision to the petitioner in accordance with subsection 3 of North Dakota Century Code section 39-06-33.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-10 - Petition for reconsideration

Current through Supplement No. 393, July, 2024
The petitioner, within fifteen days of the mailing of an adverse decision, may request reconsideration of the matter. The petition must specifically state the grounds for relief or a statement of any further showing to be made in the matter. The petition must state if a rehearing is requested. The petition constitutes a part of the record. The department may deny such petition or grant a rehearing upon such terms as it may prescribe. This section does not limit the department's right to reopen any proceeding under any continuing jurisdiction granted to it by law. Any rehearing granted on a petition for reconsideration must be conducted pursuant to this chapter. If the petition for reconsideration is denied, notice of the denial must be given pursuant to North Dakota Century Code section 39-06-33.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-11 - Who may take appeal

Current through Supplement No. 393, July, 2024
The petitioner may appeal the department's final decision as provided in North Dakota Century Code section 28-32-15, except the time for the appeal is based upon the notice given under North Dakota Century Code section 39-06-33, and section 37-03.1-01-09.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-12 - Certified record on appeal

Current through Supplement No. 393, July, 2024
The certified record must consist of:
1. A facsimile of the order giving rise to the hearing and a printout of the electronic data supporting the order.
2. The request for hearing.
3. Notices of all proceedings.
4. All prehearing notices and documents.
5. Any motions, briefs, petitions, or requests.
6. A statement of matters officially noticed.
7. The transcript of the hearing prepared by the person presiding at the hearing, including all testimony taken, and any written statements, exhibits, reports, memoranda, documents, or other information or evidence considered before final disposition of proceedings.
8. Any recommended findings of fact, conclusions of law, and decision or final findings of fact, conclusions of law, and decision.
9. Any information considered pursuant to section 37-03.1-01-07.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-03.1 - Administrative Hearing and Appeal Procedures for Driver's License Suspension or Revocation › Chapter 37-03.1-01 - Administrative Hearings - Driver's License Suspension or Revocation - Appeals to District Court › Section 37-03.1-01-13 - Transmittal of record on appeal

Current through Supplement No. 393, July, 2024
The department will prepare and transmit the record on appeal to the district court as provided for in North Dakota Century Code section 28-32-17, without cost to the party filing the appeal.
General Authority: NDCC 39-06-33
Law Implemented: NDCC 39-06-33
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-04 - Regulation of Snowmobile and All-Terrain Vehicles Operation on State Highway System › Chapter 37-04-01 - General Rules of Operation › Section 37-04-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms herein shall have the same meaning as in North Dakota Century Code title 24, except:
1. "Back-slope" means that portion of the highway right of way commencing at the outer ditch bottom and angling to the top of the ditch section at the outer edge of the right of way.
2. "Inslope" means that portion of the highway commencing at the edge of the shoulder and sloping to the ditch bottom.
3. "Permit" means written authorization from the state highway commissioner to the sponsoring party permitting the use of the highway right of ways for racing purposes.
4. "Recreational vehicle" means a snowmobile as defined by subsection 9 of North Dakota Century Code section 39-24-01, or an all-terrain vehicle as defined by subsection 1 of North Dakota Century Code section 39-01-01.
5. "State highway system" means those highways designated as a United States (US) route, a North Dakota (ND) route, but excluding the interstate system.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-04 - Regulation of Snowmobile and All-Terrain Vehicles Operation on State Highway System › Chapter 37-04-01 - General Rules of Operation › Section 37-04-01-03 - Permitted use of highway rights of way

Current through Supplement No. 393, July, 2024
A person having a valid operator's license may operate a registered recreational vehicle upon the ditch bottoms, back-slopes, and the top of the back-slope on any state highway.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-04 - Regulation of Snowmobile and All-Terrain Vehicles Operation on State Highway System › Chapter 37-04-01 - General Rules of Operation › Section 37-04-01-05 - Transitory operation on shoulder, inslope, or roadway

Current through Supplement No. 393, July, 2024
A person may operate a recreational vehicle upon the shoulder, inslope, or roadway of a state highway only when an obstruction prevents the safe operation of the recreational vehicle upon the ditch bottom and the backslope. The operation on the shoulder, inslope, or roadway shall be for the sole purpose of avoiding the obstruction and upon passing the obstruction, the operator shall return the recreational vehicle to the ditch bottom of backslope.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-04 - Regulation of Snowmobile and All-Terrain Vehicles Operation on State Highway System › Chapter 37-04-01 - General Rules of Operation › Section 37-04-01-06 - Organized races permitted

Current through Supplement No. 393, July, 2024
The highway commissioner may authorize utilization of the ditches, back-slopes, and tops of the back-slopes for organized and bona fide recreational vehicle races on highways under the commissioner's jurisdiction. Such authorization shall be in the form of a written permit as prescribed by the commissioner.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-04 - Regulation of Snowmobile and All-Terrain Vehicles Operation on State Highway System › Chapter 37-04-01 - General Rules of Operation › Section 37-04-01-07 - Applications for racing permit

Current through Supplement No. 393, July, 2024
An application for the use of highway right of way for recreational vehicle racing shall be made upon the form provided for that purpose by the highway commissioner. Such application shall include, but not be limited to, the following: route selection, date and time of the race, sponsor of the race, safety precautions instituted, if any, and the designation of any crossing of a highway on the state highway system.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-04 - Regulation of Snowmobile and All-Terrain Vehicles Operation on State Highway System › Chapter 37-04-01 - General Rules of Operation › Section 37-04-01-08 - Headlamps

Current through Supplement No. 393, July, 2024
All recreational vehicles shall be equipped with at least one headlamp mounted in front of the vehicle. Such headlamp on a recreational vehicle shall be of a sufficient intensity to reveal a person or vehicle under the following conditions:
1. Not less than one hundred feet [34.8 meters] when the recreational vehicle is operated at any speed less than twenty-five miles [40.23 kilometers] per hour.
2. At a distance of not less than two hundred feet [69.6 meters] when the recreational vehicle is operated at a speed of twenty-five miles [40.23 kilometers] or more per hour.
3. At a distance of not less than three hundred feet [104.4 meters] when therecreational vehicle is operated at a speed of thirty-five miles [56.33 kilometers] or more per hour.
The headlamp shall be so mounted that when the recreational vehicle is not loaded, none of the light shall, at a distance of twenty-five feet [7.6 meters] ahead, project higher than a level of five inches [12.7 centimeters] below the level of the center of the lamp and in no case higher than forty-two inches [106.68 centimeters] above the level on which the recreational vehicle stands at a distance of seventy-five feet [22.86 meters] ahead.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-04 - Regulation of Snowmobile and All-Terrain Vehicles Operation on State Highway System › Chapter 37-04-01 - General Rules of Operation › Section 37-04-01-09 - Taillamps

Current through Supplement No. 393, July, 2024
All recreational vehicles shall be equipped with at least one taillamp being so mounted to be visible to the rear of the vehicle. The taillamp shall be capable of being seen and distinguished under normal atmospheric conditions at the time lights are required at a distance of four hundred feet [121.92 meters] from the rear of the recreational vehicle. Such taillamp shall not be altered in any manner that would diminish its light intensity or alignment.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-04 - Regulation of Snowmobile and All-Terrain Vehicles Operation on State Highway System › Chapter 37-04-01 - General Rules of Operation › Section 37-04-01-10 - Brakes

Current through Supplement No. 393, July, 2024
Recreational vehicles shall be equipped with brakes capable of controlling the vehicles under normal operating conditions.
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General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-00 - Definitions › Section 37-05-00-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article:
1. "Department" means the department of transportation.
2. "Director" means the director of the department of transportation or an authorized agent of the director.
3. "Federal-aid primary system" means the federal-aid primary system in existence on June 1, 1991, and any highway that is not on such system, but which is on the national highway system, constituting part of the state highway system.
4. "Sign" means any outdoor advertising sign as defined in subsection 5 of North Dakota Century Code section 24-17-02 but excludes directional and other official signs as described in  chapter 37-05-04.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-01 - Application and Permit for Commercial Message Type Signs › Section 37-05-01-01 - Permit required

Current through Supplement No. 393, July, 2024
A person may not erect or maintain a sign along any portion of the right of way of any highway on the federal-aid primary system without having first obtained a written permit issued by the director.
Outside urban areas, any sign visible from the main-traveled way and meeting any of the criteria listed below is a sign which has been erected with the purpose of its message being read from the main-traveled way of any highway on the federal-aid primary system. These criteria apply to any sign regulated under North Dakota Century Code section 24-17-03.1. Where a sign is visible from the main-traveled way of more than one highway, one or more of which is a controlled highway under this article, the more stringent of the applicable control requirements applies. The criteria are:
1. The sign has any lettering one inch [2.54 centimeters] or more in height or width for each fifty feet [15.24 meters] of distance from the sign to the main-traveled way of a controlled highway, the distance from the sign to the main-traveled way being measured at right angles to the highway at the shortest distance between the sign and the centerline of the main-traveled way nearest the sign.
2. At least eighty percent of the total average daily traffic count of vehicles, as determined by department counts, on all highways from which the sign is visible is traveling in either or both directions along the main-traveled way of a highway on the federal-aid primary system.
3. The sign is visible from the main-traveled way of the highway for more than five seconds traveling at the posted speed limit, or for the time needed to read the whole message, whichever is less.
4. The sign is placed at an angle that makes it easily visible to traffic on the main-traveled way of the controlled highway.
5. The sign advertises a location not directly accessible from the noncontrolled highway, and is clearly intended for travelers on the main-traveled way of the controlled highway.
Unless the context otherwise requires, terms used herein are defined as in 23 CFR, part 750, subpart G.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-01 - Application and Permit for Commercial Message Type Signs › Section 37-05-01-02 - Application for permit

Current through Supplement No. 393, July, 2024
Permits may be applied for only on the form provided by the director. All information on the application form must be provided in addition to any supplemental information required by the director prior to acting on the application. Incomplete applications will be returned to the applicant. All information on the permit applications shall be certified as correct by the applicant, under penalty of law. If the permit is not granted, the applicant will be given written notification of the reasons for the denial of the permit and the fee will be refunded.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-01 - Application and Permit for Commercial Message Type Signs › Section 37-05-01-03 - Permit duration and fee

Current through Supplement No. 393, July, 2024
Every application for a permit must be accompanied by a fee in the amount of fifty dollars for a license period covering the life of the sign. Permits shall be applied for only on the application form provided by thedirector.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-01 - Application and Permit for Commercial Message Type Signs › Section 37-05-01-04 - Permit number - Placement of sign

Current through Supplement No. 393, July, 2024
Each permit issued under this chapter shall have an identification number, and shall entitle the holder to erect only the advertising sign described in the application and only at the exact location authorized. If the sign is not erected within one year of the date of issuance of the permit, the permit is automatically void and revoked under this chapter, unless additional time is granted by the director. Any sign subsequently erected at the location without the issuance of a permit with a new application and fee is unlawful advertising and shall be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-01 - Application and Permit for Commercial Message Type Signs › Section 37-05-01-05 - Permit license

Current through Supplement No. 393, July, 2024
A person may not erect and maintain a sign unless there is securely fastened thereon a permit license tag as specified in this chapter. The erecting of any such sign without having affixed thereon a permit license tag is prima facie evidence that the sign has been erected and is being maintained in violation of the provisions of this chapter and is unlawful advertising and shall be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-01 - Application and Permit for Commercial Message Type Signs › Section 37-05-01-06 - Permit revocation

Current through Supplement No. 393, July, 2024
Upon the revocation of any permit issued under this chapter, the sign for which it was issued constitutes unlawful advertising under North Dakota Century Code section 24-17-11 and must be removed upon the order of the director. In addition to other reasons provided by law and this article, permits may be revoked under circumstances, including the following:
1. If a sign is not erected within one year of the date of issuance of the permit.
2. If any information on the permit application is found to be false and was false on the date submitted to the director.
3. If the sign is not erected at the location and in the manner authorized by the permit, or if the sign is otherwise not in accordance with this article.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-01 - Application and Permit for Commercial Message Type Signs › Section 37-05-01-07 - Leases and zoning

Current through Supplement No. 393, July, 2024
1. Leases submitted with permit applications must be written leases showing on their face that the applicant is authorized by the landowner to erect a sign on the property. If no written lease exists between the applicant and the landowner, the applicant may substitute a letter from the landowner authorizing erection of a sign on the property and showing the duration of the authority, or the landowner may sign the permit application. A landowner's letter or signature on the sign permit application must be used when no written lease exists between the applicant and the landowner either because none was drafted and executed or because the applicant claims to be a successor to the rights of a prior lessee.
2. In addition to other requirements and limitations provided by state and federal law and rules, signs may be erected and maintained only in areas zoned by local zoning authorities as industrial or commercial, under a comprehensive zoning plan, or in areas which are unzoned but are commercial or industrial in use pursuant to the agreement between the director and the United States secretary of transportation according to  23 U.S.C. 131. Zoned or unzoned areas will be as defined by state and federal law, including administrative rules.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-02 - Placement and Maintenance of Signs › Section 37-05-02-01 - Owner name to be displayed

Current through Supplement No. 393, July, 2024
A sign may not be erected or maintained unless the name of the person owning or maintaining it is plainly displayed on the sign. Any sign erected or maintained which does not contain the owner's name plainly displayed on the sign is unlawful advertising and must be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-02 - Placement and Maintenance of Signs › Section 37-05-02-02 - Placement and lighting

Current through Supplement No. 393, July, 2024
A sign may not be erected or maintained in any of the following locations or positions or under any of the following conditions:
1. Within the right of way of any highway.
2. If visible from any highway and simulating or imitating any official directional, warning, danger, or traffic control sign, or if intended or likely to be construed as giving warning to traffic such as by the words "Stop" or "Slow Down".
3. If visible from any highway and displaying any red or blinking or intermittent light likely to be mistaken for a warning or danger signal.
4. If any illumination on this sign is of such brilliance or so positioned as to blind or dazzle the vision of travelers on the adjacent highways or create the impression that the lights are from oncoming or intersecting vehicles. Such conditions must be corrected within ten days of notification by the director.
5. Except for on-premise signs, along a scenic highway as designated by the former highway corridor board, or nearer than one thousand feet [304.8 meters] from the designated start or finish of such highway outside the limits of municipalities.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-02 - Placement and Maintenance of Signs › Section 37-05-02-03 - Damaged signs - Removal

Current through Supplement No. 393, July, 2024
Damaged, defaced, or poorly maintained conforming signs must be repaired within one hundred eighty days after notice by the director, and if not so repaired they will be deemed abandoned and unlawful advertising and must be removed upon the order of the director pursuant to North Dakota Century Code section 24-17-11.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-02 - Placement and Maintenance of Signs › Section 37-05-02-04 - Blank signs

Current through Supplement No. 393, July, 2024
If any sign remains blank for over one year, it is abandoned and must be removed as unlawful advertising pursuant to North Dakota Century Code section 24-17-11. A blank sign is a sign structure having no panel or face, or whose panel or face is not covered at least twenty-five percent in area by an advertising message.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-03 - Size and Spacing - Penalty › Section 37-05-03-01 - Size of signs

Current through Supplement No. 393, July, 2024
The maximum area for any one sign face shall be one thousand two hundred square feet [111.48 square meters] with a maximum height of thirty feet [9.14 meters] and a maximum length of sixty feet [18.29 meters] inclusive of any border and trim but excluding the base or apron, supports, and other structural members. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof which will encompass the entire sign face. The maximum face size limitations shall apply to each side of the sign structure; and sign faces may be placed back to back, side by side, or in V-type construction with not more than two displays to each facing, and such sign structure shall be construed as one sign for permitting purposes.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-03 - Size and Spacing - Penalty › Section 37-05-03-02 - Spacing of signs

Current through Supplement No. 393, July, 2024
1. Signs adjacent to the federal-aid primary system may not be located in a manner as to obscure or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device or obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.
2. On interstate highways and expressways on the federal-aid primary system:
a. Two signs may not be placed less than five hundred feet [152.4 meters] apart.
b. In areas outside of incorporated cities, signs may not be located adjacent to or within five hundred feet [152.4 meters] of an interchange, intersection at grade, or safety rest area. The five hundred feet [152.4 meters] must be measured along the interstate or freeway from the beginning or ending of pavement widening at the ramp exit from or entrance to the main-traveled way.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-03 - Size and Spacing - Penalty › Section 37-05-03-03 - Penalty

Current through Supplement No. 393, July, 2024
Any sign erected or maintained in violation of this article must be caused to conform to the article as directed by the director, and if it is not made to conform, it is unlawful advertising and the director may order the owner to remove it and if the owner fails to remove the sign after thirty days, the director may cause it to be removed by state forces, the expense of which shall be billed to and paid by the owner of the sign.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-04 - Directional and Other Official Signs › Section 37-05-04-01 - Application of chapter

Current through Supplement No. 393, July, 2024
The standards contained in this chapter apply to directional and other official signs and notices which are erected and maintained in sight distance of the right of way of a highway on the federal-aid primary system, and which are visible from the main-traveled way of those highways. These standards do not apply to directional and other official traffic control signs within the highway right of way.
A directional or other official sign in this chapter does not require a permit or fee.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-04 - Directional and Other Official Signs › Section 37-05-04-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "Directional and other official signs and notices" include only official signs and notices, public utility signs, service club and religious notices, and directional signs.
2. "Directional signs" means signs containing directional information about cities; public places owned or operated by federal, state, or local government for their agency; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural, scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.
3. "Official signs and notices" means signs and notices erected and maintained by public officers or public agencies pursuant to and in accordance with direction and authorization contained in federal, state, or local laws for the purposes of carrying out an official duty or responsibility. Historic markers authorized by state law and erected by state or local governmental agencies or nonprofit historical societies may be considered official signs.
4. "Public utility signs" means warning signs, informational signs, notices, or markers which are customarily erected and maintained by public or privately owned utilities as essential to their operations.
5. "Service club and religious notices" means signs and notices authorized by law, relating to meetings of nonprofit service clubs or charitable associations or religious services.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-03, 24-17-03.1, 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-04 - Directional and Other Official Signs › Section 37-05-04-03 - Criteria

Current through Supplement No. 393, July, 2024
1. The following signs are prohibited as directional or other official signs:
a. Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.
b. Signs located in a manner as to obscure or otherwise interfere with the effectiveness of official traffic signs, signals, or devices, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.
c. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.
d. Obsolete signs.
e. Signs which are in disrepair.
f. Signs which move or have any animated or moving parts. g. Signs located in rest areas, park lands, or scenic areas.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-05 - Outdoor Advertising Adjacent to Highways › Chapter 37-05-04 - Directional and Other Official Signs › Section 37-05-04-04 - Farm directional signs

Current through Supplement No. 393, July, 2024
Farm directional signs may be erected on privately owned property for the purpose of directing the traveling public to individual farmsites.
1. The message contained on farm directional signs shall be limited to the identification of the farmsite owner and directions in miles [kilometers] or fractions thereof to the farmsite. Descriptive words, phrases, and pictorial or photographic representations of the activity at the farmsite or its logos are prohibited. The message may be located on both sides of the sign.
2. Farm directional signs shall not exceed eight square feet [.74 square meters] in area. No more than six farm directional signs may be located on the same structure.
General Authority: NDCC 24-17-10
Law Implemented: NDCC 24-17-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-06 - Multiple Vehicle Combinations › Chapter 37-06-01 - Definitions - Equipment and Operation › Section 37-06-01-01 - Definitions

Current through Supplement No. 393, July, 2024
In this article, unless the context or other subject matter requires:
1. "B-train" means a truck-tractor, semitrailer, and semitrailer.
2. "Converter dolly" means an auxiliary axle assembly equipped with a fifth wheel used to convert a semitrailer to a trailer.
3. "Double bottom" means a truck-tractor, semitrailer, and trailer or semitrailer converted to a trailer by use of a converter dolly.
4. "Fifth wheel" means a device used to connect a truck-tractor or converter dolly to a semitrailer.
5. "Gooseneck" means a coupling device attached to the frame of a trailer or vehicle used to connect the trailer or vehicle to a truck-tractor or to the bed of a truck or pickup truck.
6. "Pickup truck" means a small truck with a capacity of less than one ton [907.18 kilograms] registered as a truck or as a passenger vehicle.
7. "Semitrailer" includes every vehicle of the trailer type so designed and used in conjunction with a truck or truck-tractor that some part of its own weight and that of its own load rests upon or is carried by a truck or truck-tractor, except that it does not include a "housetrailer" or "mobile home".
8. "Trailer" includes every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle, except that it does not include a "housetrailer" or "mobile home", which terms mean a vehicle as defined in this subsection which is designed and intended for use as living or sleeping quarters for people and which is not used for commercial hauling of passengers.
9. "Triple bottom" (triple trailers) means a truck-tractor, semitrailer, and two trailers or two semitrailers converted to trailers by use of converter dollies.
10. "Truck" includes every motor vehicle designed, used, or maintained primarily for transportation of property.
11. "Truck-tractor" includes every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
12. "Unit" means one motor vehicle or one vehicle.
13. "Vehicle" includes every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
General Authority: NDCC 39-12-04
Law Implemented: NDCC 39-12-04
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-06 - Multiple Vehicle Combinations › Chapter 37-06-01 - Definitions - Equipment and Operation › Section 37-06-01-02 - Equipment

Current through Supplement No. 393, July, 2024
All vehicle combinations must comply with the applicable requirements for equipment as specified in North Dakota Century Code chapter 39-21, and:
1. Every trailer must be equipped with a drawbar and a means of attaching the drawbar to the towing and towed vehicles. Such drawbar must be structurally adequate for the weight being drawn, be properly and securely mounted, provide for adequate articulation at the connection without excessive slack at that location, and can be provided with a locking device that prevents accidental separation of the vehicles.
2. Every trailer, including a semitrailer utilizing a converter dolly, must have safety chains or cables installed. Such chains or cables shall be connected prior to any over-the-road movement.
3. The lower half of a fifth wheel mounted on a truck-tractor or converter dolly must be secured to the frame of that vehicle with properly designed brackets, mounting plates or angles, and properly tightened bolts of adequate size and grade, or devices that provide equivalent security. The installation shall not cause cracking, warping, or deformation of the frame. The installation must include a device for positively preventing the lower half of the fifth wheel from shifting on the frame to which it is attached.
4. The upper half of a fifth wheel must be fastened to the semitrailer with at least the same security required for the installation of the lower half on a truck-tractor or converter dolly.
5. Each fifth wheel assembly must have a locking mechanism.
General Authority: NDCC 39-12-04
Law Implemented: NDCC 39-12-04
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-06 - Multiple Vehicle Combinations › Chapter 37-06-02 - Implements of Husbandry › Section 37-06-02-01 - Combination permitted - Limitation

Current through Supplement No. 393, July, 2024
Two implements of husbandry or two liquid fertilizer tanks may be towed by a pickup, truck, or farm tractor operated by resident farmers, ranchers, dealers, or commercial fertilizer companies between sunrise and sunset at a speed limit not to exceed twenty-five miles [40.25 kilometers] per hour. A packer-drill combination shall be considered one implement of husbandry. Such combination may not exceed seventy-five feet [22.86 meters] in length.
General Authority: NDCC 39-12-04
Law Implemented: NDCC 39-12-04
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-06 - Multiple Vehicle Combinations › Chapter 37-06-03 - Combinations of Two, Three, or Four Vehicles - Seventy-five Feet or Less › Section 37-06-03-01 - Authorized combinations of vehicles - Routes of operation

Current through Supplement No. 393, July, 2024
The following combinations of vehicles may be operated on all North Dakota highways provided the overall length does not exceed seventy-five feet [22.86 meters]:
1. Any combination of two units.
2. A truck-tractor and semitrailer may draw a trailer or semitrailer converted to a trailer by use of a converter dolly and fifth wheel. This combination of vehicles is commonly referred to as an A-train or a double bottom.
3. A truck-tractor and semitrailer may draw a semitrailer. This combination of vehicles is commonly referred to as a B-train.
4. A combination of four units consisting of a truck-tractor, semitrailer, and two trailers. A semitrailer used with a converter dolly is considered to be a trailer. This combination of vehicles is commonly referred to as triple trailers or a triple bottom.
5. A motor vehicle drawing three motor vehicles attached to the towing motor vehicle by a triple saddle mount. In such a mount, the front wheels of the towed motor vehicle are mounted upon the bed of the towing vehicle, with any other towed motor vehicle being mounted in a like manner on the preceding motor vehicle.
General Authority: NDCC 39-12-04
Law Implemented: NDCC 39-12-04