reglab/statecodes huggingface dataset:
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 37-06-03-02 - Limited combinations of vehicles

Current through Supplement No. 393, July, 2024
A motor vehicle may draw two trailers or two vehicles subject to the following conditions:
1. The towed vehicles, in addition to brakelights, stoplights, and turn signals, shall be equipped with front and rear clearance lights, and side marker lights, and reflectors as prescribed by North Dakota Century Code chapter 39-12.
2. All hitches must be of a load-bearing capacity capable of bearing the weight of the towed vehicles.
a. The towing vehicle must have a hitch commonly described as a fifth wheel or gooseneck design, or one that is attached to the frame.
b. The hitch on the rear of the vehicle connected to the towing vehicle must be attached to the frame of the towed vehicle.
c. All hitches, other than a fifth wheel or gooseneck, must be of a ball and socket type with a locking device or a pintle hook.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-06 - Multiple Vehicle Combinations › Chapter 37-06-04 - Combinations of Two, Three, or Four Vehicles - Over Seventy-five Feet › Section 37-06-04-01 - Authorized combinations of vehicles exceeding seventy-five feet

Current through Supplement No. 393, July, 2024
The following combinations of vehicles exceeding seventy-five feet [22.86 meters] in overall length may be operated on those highways described in section 37-06-04-02:
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 truck properly registered and designed to legally carry a gross weight of more than twenty-four thousand pounds [10886.22 kilograms] may draw two trailers or semitrailers provided both trailers or semitrailers are designed to legally carry gross weights of more than twenty-four thousand pounds [10886.22 kilograms], provided both trailers or semitrailers are equipped with safety chains and brakes adequate to control the movement of and to stop and hold such trailers or semitrailers. The brakes shall be designed as to be applied by the driver of the truck from the cab. The brakes shall be designed and connected so that in case of an accidental breakaway the brakes shall be automatically applied on the trailer or semitrailer that breaks loose.
5. 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.
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 37-06-04 - Combinations of Two, Three, or Four Vehicles - Over Seventy-five Feet › Section 37-06-04-01.1 - Authorized combinations of vehicles exceeding seventy-five feet, not to exceed ninety-seven feet

Current through Supplement No. 393, July, 2024
The following combinations of vehicles exceeding seventy-five feet [22.86 meters], but not exceeding ninety-seven feet [29.56 meters] in overall length may be operated on those highways described in section 37-06-04-02.
1. A motor vehicle may draw up to three motor vehicles attached to the towing motor vehicle by a saddlemount. 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 vehicles being mounted in a like manner on the preceding motor vehicle.
2. A motor vehicle may draw up to three motor vehicles with no more than one smaller vehicle fully mounted on the frame of the first or last vehicle in the saddlemount. The drawn vehicles shall each be connected by a saddlemount. This combination of vehicles is commonly referred to as a drive-away saddlemount with fullmount vehicle transporter combination.
General Authority: NDCC 39-12-04
Law Implemented: NDCC 39-12-04; 49 USC 31111
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-06 - Multiple Vehicle Combinations › Chapter 37-06-04 - Combinations of Two, Three, or Four Vehicles - Over Seventy-five Feet › Section 37-06-04-02 - Routes of operation

Current through Supplement No. 393, July, 2024
Authorized combinations of vehicles may be operated on all four-lane divided state highways and on those state highways designated by the director as shown on special highway maps available at the highway patrol and department of transportation headquarters in Bismarck and at the respective district offices in Williston, Minot, Devils Lake, Grand Forks, Fargo, Valley City, Jamestown, and Dickinson. Authorized combinations of vehicles may travel off the designated system a distance of ten miles [16.09 kilometers] on a state highway for the purpose of procuring food, fuel, repairs, obtaining sleeping quarters (rest), or going to a terminal or points of loading or unloading.
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 37-06-04 - Combinations of Two, Three, or Four Vehicles - Over Seventy-five Feet › Section 37-06-04-03 - Minimum power requirement

Current through Supplement No. 393, July, 2024
The power unit shall have adequate power and traction to maintain a minimum speed of fifteen miles [24.14 kilometers] per hour on all grades.
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 37-06-04 - Combinations of Two, Three, or Four Vehicles - Over Seventy-five Feet › Section 37-06-04-04 - Weight distribution by trailer weight

Current through Supplement No. 393, July, 2024
1. In any three-unit combination, the lighter trailer must always be operated as the rear trailer except when the gross weight differential with the other trailer does not exceed five thousand pounds [2267.96 kilograms].
2. In any four-unit combination, the lightest trailer must always be operated as the rear trailer. The other two trailers must be arranged as provided in subsection 1.
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 37-06-04 - Combinations of Two, Three, or Four Vehicles - Over Seventy-five Feet › Section 37-06-04-05 - Signing requirement

Current through Supplement No. 393, July, 2024
The last trailer or vehicle in any three-unit or four-unit combination must have a "LONG LOAD" sign mounted on the rear. The "LONG LOAD" sign must be a minimum twelve inches [30.48 centimeters] in height and sixty inches [152.4 centimeters] in length. The lettering must be eight inches [20.32 centimeters] in height with one-inch [2.54-centimeter] brushstrokes. The letters must be black on yellow background.
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 37-06-04 - Combinations of Two, Three, or Four Vehicles - Over Seventy-five Feet › Section 37-06-04-06 - Weather restrictions

Current through Supplement No. 393, July, 2024
Movements of combinations of vehicles authorized for operation under this chapter are prohibited:
1. When road surfaces, due to ice, snow, slush, or frost present a slippery condition which may be hazardous to the operation of the unit or to other highway users;
2. When wind or other conditions may cause the unit or any part thereof to swerve, to whip, to sway, or fail to follow substantially in the path of the towing vehicle; or
3. When visibility is reduced due to snow, ice, sleet, fog, mist, rain, dust, or smoke.
The North Dakota highway patrol may restrict or prohibit operations during periods when in its judgment traffic, weather, or other safety conditions make travel unsafe.
General Authority: NDCC 39-12-04
Law Implemented: NDCC 39-12-04
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-07 - Maintenance Road Signs › Chapter 37-07-01 - Specifications and Installation of Minimum Maintenance Road Signs › Section 37-07-01-01 - Minimum maintenance road signs

Current through Supplement No. 393, July, 2024
Signs used by a political subdivision to designate minimum maintenance roads under North Dakota Century Code sections 24-07-35 through 24-07-37 shall conform to this chapter.
General Authority: NDCC 24-07-36
Law Implemented: NDCC 24-07-36
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-07 - Maintenance Road Signs › Chapter 37-07-01 - Specifications and Installation of Minimum Maintenance Road Signs › Section 37-07-01-02 - Minimum maintenance road signs - Material

Current through Supplement No. 393, July, 2024
Material used for the fabrication of minimum maintenance road signs must be in accordance with the Manual on Uniform Traffic Control Devices adopted by the state highway commissioner under North Dakota Century Code section 39-13-06. The signs must be fabricated using silver-white TYPE III A retroreflective sheeting, as defined in the current edition of the state highway department Standard Specifications for Road and Bridge Construction, where required by section 37-07-01-04, and the sign panel must be constructed of .080 gauge aluminum. The signs may be installed on either steel or wood posts of appropriate size and strength for the support of the sign panel.
General Authority: NDCC 24-07-36
Law Implemented: NDCC 24-07-36
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-07 - Maintenance Road Signs › Chapter 37-07-01 - Specifications and Installation of Minimum Maintenance Road Signs › Section 37-07-01-03 - Minimum maintenance road signs - Placement

Current through Supplement No. 393, July, 2024
Minimum maintenance road signs installed by political subdivisions must be installed pursuant to the Manual on Uniform Traffic Control Devices adopted by the state highway commissioner under North Dakota Century Code section 39-13-06. The signs must be installed from six to twelve feet [1.82 to 3.66 meters] from the shoulder line of the roadway, and the bottom of the sign panel must be at least five feet [1.52 meters] above the roadway surface.
General Authority: NDCC 24-07-36
Law Implemented: NDCC 24-07-36
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-07 - Maintenance Road Signs › Chapter 37-07-01 - Specifications and Installation of Minimum Maintenance Road Signs › Section 37-07-01-04 - Minimum maintenance road signs - Legend

Current through Supplement No. 393, July, 2024
Minimum maintenance road signs installed by political subdivisions must have a fully reflectorized white background with a black nonreflectorized legend. The legend must use lettering three inches [7.62 centimeters] high, and lettering must be of "Series C" size according to the Traffic Control Devices Handbook published by the state highway department. The size and appearance of minimum maintenance road signs must be in accordance with that shown in figure 1, which is incorporated into this chapter.
Click here to view Image
General Authority: NDCC 24-07-36
Law Implemented: NDCC 24-07-36
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-08 - Visual Requirements for Operators Licenses or Permits › Chapter 37-08-01 - Visual Requirements › Section 37-08-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The definitions provided in North Dakota Century Code title 39 shall apply to this article, except:
1. "Corrective visual device" means glasses or contact lenses.
2. "Field of vision report" means a report measuring peripheral vision arrived at by use of a static or kinetic visual field testing device in the ophthalmologic or optometric profession which checks peripheral and central visual field, excluding tangent screen and confrontation devices.
3. "Medical advisory board" means driver license medical advisory board consisting of North Dakota licensed physicians or optometrists appointed by the director for the purpose of advising the director concerning the medical aspects of licensing.
4. "Outside mirrors" means one unobstructed mirror attached to each side of the vehicle within easy view of the driver.
5. "Road test" means a driving demonstration.
6. "Special visual devices" means use of telescopic bioptic resulting in a vision acuity of 20/130 in each eye through the carrier lens and 20/40 in the bioptic lens and having a full field peripheral view in both eyes.
7. "Vision specialist" means a North Dakota licensed physician or optometrist.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-03(7)
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-08 - Visual Requirements for Operators Licenses or Permits › Chapter 37-08-01 - Visual Requirements › Section 37-08-01-02 - Correction only by corrective or special visual device

Current through Supplement No. 393, July, 2024
When correction is needed, only the use of a corrective or special visual device is permitted.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-03(7)
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-08 - Visual Requirements for Operators Licenses or Permits › Chapter 37-08-01 - Visual Requirements › Section 37-08-01-03 - Visual acuity requiring road test

Current through Supplement No. 393, July, 2024
Visual acuity less than 20/60 requires a road test regardless of the corrective or special visual device being used.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-03(7)
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-08 - Visual Requirements for Operators Licenses or Permits › Chapter 37-08-01 - Visual Requirements › Section 37-08-01-04 - Medical advisory board review

Current through Supplement No. 393, July, 2024
Whenever the visual acuity is less than 20/80 or field of vision less than 105 degrees, the medical advisory board may, upon request of the drivers license and traffic safety division, review the case and make their recommendations to the director of the department of transportation or the director's agent.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-06-03(7)
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-08 - Visual Requirements for Operators Licenses or Permits › Chapter 37-08-01 - Visual Requirements › Section 37-08-01-05 - Minimum vision requirements and restrictions

Current through Supplement No. 393, July, 2024
Applicants and operators requesting or maintaining a North Dakota license or permit and who meet the following minimum vision standards, as established by the drivers license and traffic safety division, shall comply with the associated requirements and restrictions (which are nonexclusive):
Minimum visual acuity
Requirements and restrictions with or without corrective or special device.
1.
20/40 for person having one-eyed vision
(f, h).
2.
20/50 for person having one-eyed vision
(a, b, d, f, h).
3.
20/60 for person having one-eyed vision
(a, b, d, f, h).
4.
20/40 each eye
(f).
5.
20/50 each eye
(a, b, f).
6.
20/50 better eye 20/60 or less other eye
(a, b, d, f).
7.
20/60 better eye 20/60 or less other eye
(a, b, d, f).
8.
20/70 better eye 20/80 - 20/100 other eye
(a, b, c, e, f, g).
9.
20/80 better eye 20/80 - 20/100 other eye
(a, b, c, e, f, g).
10. Requirements and restriction code:
a. Daylight driving only.
b. Vision specialist recommendations.
c. Vision recheck within one year.
d. Vision recheck within two years.
e. Road test.
f. Field of vision report:
Horizontal visual field of 105 degrees or better. Can be obtained by totaling the temporal readings of both eyes or temporal plus nasal in one eye.
g. Report any eye disease or injury.
h. Outside mirror.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-09 - Disclosure of Body Damage to Motor Vehicle › Chapter 37-09-01 - Application and Requirements of Disclosure › Section 37-09-01-01 - Definitions

Current through Supplement No. 393, July, 2024
The definitions provided in North Dakota Century Code title 39 apply to this article, except" motor vehicle" is exclusive of off-highway vehicles, snowmobiles, and low-speed vehicles.
General Authority: NDCC 24-02-01.2, 39-02-03
Law Implemented: NDCC 39-05-17.2
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-09 - Disclosure of Body Damage to Motor Vehicle › Chapter 37-09-01 - Application and Requirements of Disclosure › Section 37-09-01-02 - Damage disclosure statement - Contents

Current through Supplement No. 393, July, 2024
The damage disclosure statement must contain the name and
				  address of the transferor, a statement as to whether the motor vehicle has
				  sustained damage during the time period the transferor owned the vehicle, and
				  the name and address of the transferee. The damage disclosure statement must be
				  completed, signed, and certified by the transferor.
General Authority:
NDCC
					 24-02-01.2,
					 39-02-03
Law Implemented:
NDCC
					 39-05-17.2
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-09 - Disclosure of Body Damage to Motor Vehicle › Chapter 37-09-01 - Application and Requirements of Disclosure › Section 37-09-01-03 - Damage disclosure statement - When required

Current through Supplement No. 393, July, 2024
A damage disclosure statement must be completed prior to the transfer of the title on all current year models of motor vehicles and those models manufactured in the seven years previous to the current model year.
General Authority: NDCC 24-02-01.2, 39-02-03
Law Implemented: NDCC 39-05-17.2
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-09 - Disclosure of Body Damage to Motor Vehicle › Chapter 37-09-01 - Application and Requirements of Disclosure › Section 37-09-01-04 - Damage verification statement

Current through Supplement No. 393, July, 2024
If the damage disclosure statement reveals a damage, the transferor must complete a damage verification statement. The damage verification statement must provide for:
1. The title number, serial number or vehicle identification number, make, model, and year of the motor vehicle.
2. A brief description of the cause of the damage and an explanation of the nature of the damage sustained.
General Authority: NDCC 24-02-01.2, 39-02-03
Law Implemented: NDCC 39-05-17.2
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-09 - Disclosure of Body Damage to Motor Vehicle › Chapter 37-09-01 - Application and Requirements of Disclosure › Section 37-09-01-05 - Salvage and junk motor vehicles

Current through Supplement No. 393, July, 2024
Prior to the transfer of title, a damage verification statement is required for all motor vehicles titled pursuant to North Dakota Century Code section 39-05-20.2.
General Authority: NDCC 24-02-01.2, 39-02-03
Law Implemented: NDCC 39-05-17.2
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-09 - Disclosure of Body Damage to Motor Vehicle › Chapter 37-09-01 - Application and Requirements of Disclosure › Section 37-09-01-06 - Damage information placed on title

Current through Supplement No. 393, July, 2024
When a damage verification statement has been filed, the North Dakota department of transportation must record on the title to the damaged motor vehicle a statement to the effect that the department records indicate that the motor vehicle has sustained damage. This information must be placed on all subsequent titles issued on the damaged motor vehicle. Additionally, a statement on vehicle damage may be entered on the registration card for such vehicle.
General Authority: NDCC 24-02-01.2, 39-02-03
Law Implemented: NDCC 39-05-17.2
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-09 - Disclosure of Body Damage to Motor Vehicle › Chapter 37-09-01 - Application and Requirements of Disclosure › Section 37-09-01-07 - Effective date of chapter

Current through Supplement No. 393, July, 2024
This chapter is effective April 1, 1992, and is prospective in application.
General Authority: NDCC 24-02-01.2, 39-02-03
Law Implemented: NDCC 39-05-17.2
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-00 - Definition › Section 37-10-00-01 - Definition

Current through Supplement No. 393, July, 2024
As used in this article, "out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is out-of-service pursuant to  49 CFR 386.72,  392.5,  395.13, or  396.9, or compatible laws, or the North American uniform out-of-service criteria.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.5
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-01 - Out-of-Service Order Violations › Section 37-10-01-01 - Out-of-service order - Driving of commercial motor vehicle prohibited - Alcohol-related offenses

Current through Supplement No. 393, July, 2024
1. Prohibited alcohol offenses for commercial motor vehicle drivers. Notwithstanding any other provision of law, a person may not drive, operate, or be in actual physical control of a commercial motor vehicle within this state while having any measurable or detectable amount of alcohol in the person's system.
2. In addition to any other sanctions that may be imposed under law a person who drives, operates, or is in actual physical control of a commercial motor vehicle within this state must be placed out of service for twenty-four hours if the person:
a. Has any measurable or detectable amount of alcohol in the person's system;
b. Has a blood-alcohol concentration of at least four one-hundredths of one percent by weight; or
c. Refuses to submit to an alcohol test under North Dakota Century Code section 39-06.2-10.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-01 - Out-of-Service Order Violations › Section 37-10-01-02 - Penalty for violating out-of-service order

Current through Supplement No. 393, July, 2024
A person convicted of violating an out-of-service order issued under section 37-10-01-01 is deemed to have committed the offense of driving under suspension under North Dakota Century Code section 39-06-42. The suspension periods for driving a commercial motor vehicle in violation of the out-of-service order are:
1. For a first violation, the driver must be suspended for a period of one hundred eighty days;
2. For a second violation within ten years arising from separate incidents, the driver must be suspended for a period of two years; and
3. For a third or subsequent violation within ten years arising from separate incidents, the driver must be suspended for a period of three years.
If the violation occurred while transporting hazardous material required to be placarded or while operating a motor vehicle designed to transport sixteen or more passengers including the driver, the suspension period must be one hundred eighty days for a first violation and three years for each subsequent violation arising from a separate incident during a ten-year period.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.51
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-01 - Out-of-Service Order Violations › Section 37-10-01-03 - Out-of-service order - Driving of commercial motor vehicle prohibited

Current through Supplement No. 393, July, 2024
1. Notwithstanding any other provision of law, a person may not drive or operate a commercial motor vehicle within this state when the driver has been placed out of service, the commercial motor vehicle has been placed out of service, or the motor carrier operation has been placed out of service.
2. No employer may knowingly allow, require, permit, or authorize a driver to operate a commercial motor vehicle during any period in which the driver, the commercial motor vehicle the individual is driving, or the motor carrier operation is subject to an out-of-service order.
General Authority: NDCC 39-06.2-05, 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.37
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-01 - Out-of-Service Order Violations › Section 37-10-01-04 - Extension of commercial license suspension or revocation for violating an out-of-service order

Current through Supplement No. 393, July, 2024
The director, who shall follow the administrative hearing procedures provided in North Dakota Century Code section 39-06.2-10, upon receiving a record of the conviction of any person upon a charge of driving a commercial motor vehicle while the commercial driver's license or commercial driving privileges of the person, the commercial motor vehicle, or the motor carrier operation were placed out of service, shall extend the period of that suspension or revocation for:
1. A period of ninety days for a conviction of a first violation of an out-of-service order;
2. A period of one year for a second conviction within ten years in a separate incident of violating an out-of-service order;
3. A period of three years for a third or subsequent conviction within ten years in separate incidents of violating an out of service order;
4. A period of one hundred eighty days, if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded, or while operating a commercial motor vehicle designed to transport sixteen or more passengers, including the driver; or
5. A period of three years, if the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded, or while operating commercial motor vehicles designed to transport sixteen or more passengers, including the driver.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.51
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-01 - Out-of-Service Order Violations › Section 37-10-01-05 - Extension of commercial license suspension or revocation

Current through Supplement No. 393, July, 2024
The director, who shall follow the administrative hearing procedures provided in North Dakota Century Code section 39-06.2-10, upon receiving a record of the conviction of any person upon a charge of driving a commercial motor vehicle while the commercial driver's license or commercial driving privileges of the person are suspended, revoked, or canceled shall extend the period of that suspension, revocation, or cancellation or otherwise disqualified for:
1. A period of one year if the operator's record shows the person's commercial driver's license or commercial driving privileges have not previously been suspended, revoked, canceled, or otherwise disqualified;
2. Lifetime if the operator's record shows the person's commercial driver's license or commercial driving privileges have previously been suspended, revoked, canceled, or otherwise disqualified for any of the major offenses under  49 CFR 383.51(b); or
3. A period of three years, if the driver is convicted of a first violation of driving while privileges are suspended, revoked, canceled, or otherwise disqualified while transporting hazardous materials required to be placarded, or while operating commercial motor vehicles designed to transport more than sixteen passengers, including the driver.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.51
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-01 - Out-of-Service Order Violations › Section 37-10-01-06 - Certain disqualifications to run concurrently

Current through Supplement No. 393, July, 2024
Any suspension ordered by the administrator under  49 CFR 383.52  must run concurrently with any other existing suspension, revocation, cancellation, or denial of licensing.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.52
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-01 - Out-of-Service Order Violations › Section 37-10-01-07 - Civil penalty for driver conviction of out-of-service order

Current through Supplement No. 393, July, 2024
Any driver who is convicted of violating an out-of-service order in which the driver, the vehicle, or the motor carrier operation has been placed out of service, is subject to a civil penalty of not less than two thousand five hundred dollars for a first conviction and not less than five thousand dollars for a second or subsequent conviction. Prior to a civil penalty being imposed, a driver has a right to an administrative hearing as provided for in North Dakota Century Code section 39-06.2-10.
General Authority: NDCC 39-06.2-10.9
Law Implemented: 49 CFR 383.53
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-01 - Out-of-Service Order Violations › Section 37-10-01-08 - Civil penalty for employer conviction of out-of-service order

Current through Supplement No. 393, July, 2024
Any employer who is convicted of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle during any period in which the driver is subject to an out-of-service order, the commercial motor vehicle the driver is operating is subject to an out-of-service order, or the motor carrier operation is subject to an out-of-service order, is subject to a civil penalty of not less than two thousand seven hundred fifty dollars and not more than twenty-five thousand dollars. Prior to a civil penalty being imposed, an employer has a right to an administrative hearing as provided for in North Dakota Century Code section 39-06.2-10.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.53
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-02 - Railroad-Highway Grade Crossing Violations › Section 37-10-02-01 - Employer violation for railroad-highway grade crossing

Current through Supplement No. 393, July, 2024
An employer may not knowingly allow, permit, or authorize a driver to operate a commercial motor vehicle in violation of a railroad-highway grade crossing under North Dakota Century Code section 39-06.2-10.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.37
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-02 - Railroad-Highway Grade Crossing Violations › Section 37-10-02-02 - Civil penalty for employer conviction of railroad-highway grade crossing

Current through Supplement No. 393, July, 2024
Any employer who is convicted of knowingly allowing, requiring, permitting, or authorizing a driver to operate a commercial motor vehicle in violation of a railroad-highway grade crossing under North Dakota Century Code section 39-06.2-10 is subject to a civil penalty of not more than ten thousand dollars. Prior to a civil penalty being imposed, an employer has a right to an administrative hearing as provided for in North Dakota Century Code section 39-06.2-10.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10; 49 CFR 383.37(d)
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-10 - Commercial Driver's License › Chapter 37-10-03 - Hazardous Materials Endorsement › Section 37-10-03-01 - Transportation security administration approval of hazardous materials endorsement issuances

Current through Supplement No. 393, July, 2024
The director may not issue, renew, upgrade, or transfer a hazardous materials endorsement for a commercial driver's license to any individual authorizing that individual to operate a commercial motor vehicle transporting a hazardous material in commerce unless the transportation security administration has determined that the individual does not pose a security risk warranting denial of the endorsement.
The director shall immediately revoke or deny an individual's hazardous materials endorsement if the transportation security administration serves the state with an initial determination of threat assessment and immediate revocation. The director shall, within fifteen days, revoke or deny the individual's hazardous materials endorsement if the transportation security administration serves the state with a final determination of threat assessment.
General Authority: NDCC 39-06.2-14
Law Implemented: 49 CFR 383.141, 49 CFR 1572.13
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-01 - General Policy › Section 37-11-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this article:
1. "Advance signs" means supplemental tourist-oriented directional signs that are placed in advance of regular tourist-oriented directional signs in instances where the tourist-oriented directional signs are difficult to see due to topographic or geometric roadway features.
2. "Department" means the department of transportation.
3. "Director" means the director of the department of transportation or an authorized agent of the director.
4. "Permittee" means the party to whom a tourist-oriented directional sign permit is issued.
5. "Person" includes every natural person, firm, copartnership, association, corporation, limited liability company, or limited partnership.
6. "Sight distance" means the distance provided to allow a driver to safely stop a car at the posted highway speed.
7. "Trail blazing signs" means signs placed along an entrance road when the motorist requires additional instruction after having left the state highway.
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 37-11-01 - General Policy › Section 37-11-01-02 - Application

Current through Supplement No. 393, July, 2024
Every person requesting a tourist-oriented directional sign shall make application on a form prescribed by the director.
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 37-11-01 - General Policy › Section 37-11-01-03 - Applicant requirements

Current through Supplement No. 393, July, 2024
A person applying for a tourist-oriented directional sign must:
1. Be engaged in a business, service, or activity as defined in North Dakota Century Code section 39-13-09.
2. Derive a major portion of income, or visitors, from tourists who do not reside in the immediate area of the business, service, or activity.
3. Provide trail blazing signs if needed.
4. Obtain local authorization when the sign is located within city limits.
5. Provide such other information as the director may require.
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 37-11-01 - General Policy › Section 37-11-01-04 - Priority of applicants

Current through Supplement No. 393, July, 2024
If the applications for tourist-oriented directional signs exceed the number of sign face spaces available, the department will give priority to applications by the time they are received in the department central office in Bismarck, North Dakota, 608 east boulevard avenue. Those applications that cannot be honored will be returned to the applicant who may reapply when space is available. The department will not hold applications pending available space nor provide notice of available space.
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 37-11-01 - General Policy › Section 37-11-01-05 - Exclusions

Current through Supplement No. 393, July, 2024
1. A person advertising on an illegal advertising device, as defined under North Dakota Century Code chapter 24-17 or  23 U.S.C. 131, which advertises the same business, service, or activity as the proposed tourist-oriented directional sign is not eligible for a permit.
2. A person conducting any illegal operations is not eligible for a permit.
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 37-11-01 - General Policy › Section 37-11-01-06 - Time of operation

Current through Supplement No. 393, July, 2024
To be eligible for a permit a business, service, or activity must be open during normal hours of operation for a similar business, service, or activity in the locality or provide the hours of operation as a part of the tourist-oriented directional sign message.
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 37-11-01 - General Policy › Section 37-11-01-07 - Seasonal closure

Current through Supplement No. 393, July, 2024
A business, service, or activity operating on a seasonal basis, or closed for more than fourteen consecutive days, shall remove the sign face or display a "CLOSED" message plate. The "CLOSED" message plate must be fabricated and installed in accordance with the specifications in this article. Removal or installation of sign faces or plates must be done by a qualified contractor or by a qualified contractor's authorized representative. Intermittent operation is not allowed unless the dates of operation are shown on the tourist-oriented directional sign.
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 37-11-02 - Permits › Section 37-11-02-01 - Permit duration and fee

Current through Supplement No. 393, July, 2024
Every application must be accompanied by a fee in the amount of twenty-five dollars for a permit valid for the life of the sign. See section 37-11-01-03 regarding applicant requirements.
General Authority: NDCC 38-13-09
Law Implemented: NDCC 39-13-09
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-11 - Tourist-Oriented Directional Signs › Chapter 37-11-02 - Permits › Section 37-11-02-02 - Permit ownership

Current through Supplement No. 393, July, 2024
Permits are not transferable and remain the property of the department. The permit does not convey any property right in the highway right of way.
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 37-11-02 - Permits › Section 37-11-02-03 - Permit revocation

Current through Supplement No. 393, July, 2024
A permit may be revoked for the following reasons:
1. If the department determines that a permittee is not legally entitled to the permit because the business, service, or activity is no longer available to tourists, or that the permittee has violated the terms of the permit, this article, or North Dakota Century Code  chapter 39-13-09.
2. For failure to maintain a sign, which consists of the permittee's failure to repair or replace a sign face that has been damaged or defaced. The department shall give the permittee notice of the need to repair or replace the sign and the permittee shall have ninety days from the date of such notice to repair or replace the sign.
The department shall send notice of permit revocation to the permittee and set forth the basis for the revocation. The permittee shall have thirty days from the date of notice in which to remove the sign.
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 37-11-02 - Permits › Section 37-11-02-04 - Structure ownership

Current through Supplement No. 393, July, 2024
Sign structures become the property of the department upon erection on the highway right of way. The department has the authority to control the use of the structure by issuing up to four permits per sign face 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 37-11-02 - Permits › Section 37-11-02-05 - Sign face ownership

Current through Supplement No. 393, July, 2024
The sign face remains the property of the permittee, unless abandoned or removed by the department. The permittee may remove a sign face at any time. If such removal is permanent, the permittee shall notify 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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-01 - Location of signs

Current through Supplement No. 393, July, 2024
All tourist-oriented directional signs must be erected adjacent to the edge of the right-of-way line and on the ditch backslope. Tourist-oriented directional signs must be located more than two hundred feet [60.96 meters] in advance of the entrance road intersection and within ten miles [16.09 kilometers] of the business, service, or activity. Tourist-oriented directional signs may not be located, erected, or maintained in any place or manner as to obstruct or interfere with a free and clear view of merging or crossing traffic or otherwise create a hazard to the safety of the public.
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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-02 - Urban locations

Current through Supplement No. 393, July, 2024
An applicant for a tourist-oriented directional sign located within the limits of a city must also obtain the written consent of the city to erect the sign. In addition, the location and erection of an urban tourist-oriented sign may not:
1. Block or obstruct the visibility of official traffic-control devices.
2. Hinder pedestrian or bicycle traffic.
3. Be located closer than two feet [.61 meters] to the face of a curb on a highway having curb and gutter.
The spacing requirements of section 37-11-03-06 do not apply to urban locations.
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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-03 - Advance signing

Current through Supplement No. 393, July, 2024
The director may require the installation of advance tourist-oriented directional signs if the director determines, on the basis of traffic engineering criteria, that such signs improve traffic safety in the area of the intersection with the entrance road.
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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-04 - Trail blazing signs

Current through Supplement No. 393, July, 2024
Trail blazing signs are required when the business, service, or activity cannot be readily located by a motorist from the highway intersection with the entrance road, or when the business, service, or activity is not located near an exit from a highway upon which tourist-oriented directional signs are permitted.
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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-05 - Expressways

Current through Supplement No. 393, July, 2024
Tourist-oriented directional signs may be located on divided and undivided multilane expressways as on two-lane highways, except that a tourist-oriented directional sign may not be placed within two hundred feet [60.96 meters] of the ramp taper of an interchange or the turning lane of an at-grade intersection. No tourist-oriented directional sign may be located on the interstate highway system.
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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-06 - Spacing

Current through Supplement No. 393, July, 2024
Tourist-oriented directional sign structures facing one direction of traffic shall be spaced not less than two hundred feet [60.96 meters] apart.
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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-07 - Maximum number of signs

Current through Supplement No. 393, July, 2024
Only two sign structures, each containing a maximum of four individual sign faces, will be allowed for each direction of travel at the entrance road intersection.
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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-08 - Limit on number of sign faces

Current through Supplement No. 393, July, 2024
A business, service, or activity may normally provide only one sign face for each direction of travel on the principal route from the highway to the business, service, or activity.
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 37-11-03 - Sign Installation and Relocation › Section 37-11-03-09 - Back-to-back mounting

Current through Supplement No. 393, July, 2024
Tourist-oriented directional signs must be mounted only as prescribed by this article and may not be mounted back-to-back with any other type of sign. Tourist-oriented directional signs erected and maintained in a manner other than as prescribed in this article are deemed illegal and subject to removal under section 37-11-03-10.
General Authority: NDCC 39-13-09
Law Implemented: NDCC 39-13-09