reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 37-14 - Lifetime Commercial Driver's License Disqualification Reinstatement › Chapter 37-14-02 - Qualifications for Reinstatement › Section 37-14-02-02 - Decision for reinstatement

Current through Supplement No. 393, July, 2024
1. If the decision is made to reinstate the
				driving privilege, prior to reinstatement the driver shall complete the
				following:
a. Pay all outstanding
				reinstatement fees;
b. Meet all
				outstanding reinstatement requirements;
c. Pass the required knowledge, vision, and
				skills tests to obtain the North Dakota commercial driver's license;
d. Successfully complete the national safety
				council DDC attitudinal dynamics of driving;
e. Successfully complete the DDC professional
				truck drivers course; and
f.
				Complete any other courses or requirements required by the director.
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 89-14 - Stream Crossings [Rules adopted jointly with Water Commission and published in Article 89-14] › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-01 - Standards

Current through Supplement No. 393, July, 2024
Except as provided in section 89-14-01-06, all highways constructed or reconstructed by the department of transportation, board of county commissioners, board of township supervisors, their contractors, subcontractors, or agents, or by any individual firm, corporation, or limited liability company must be designed to meet the standards contained in this chapter. The department, or any board of county commissioners, board of township supervisors, their contractors, subcontractors, or agents, or any individual, firm, corporation, or limited liability company that fails to comply with these standards is not entitled to the immunity provided in section 24-03-06, 24-03-08, or 24-06-26.1 of the North Dakota Century Code.
General Authority: NDCC 24-02-01.1, 24-02-01.5, 28-32-02, 61-03-13
Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 89-14 - Stream Crossings [Rules adopted jointly with Water Commission and published in Article 89-14] › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "Construct" means to construct a new highway on a new location or corridor.
2. "Reconstruct" means to regrade or widen an existing roadbed on the existing highway location. For purposes of this chapter, reconstruct also includes replacing, modifying, or installing a stream crossing.
General Authority: NDCC 24-02-01.1, 24-02-01.5, 28-32-02, 61-03-13
Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 89-14 - Stream Crossings [Rules adopted jointly with Water Commission and published in Article 89-14] › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-03 - Design flood frequency

Current through Supplement No. 393, July, 2024
The following table provides the recurrence interval of the event for which each type of crossing must be designed.
This represents a minimum design standard. Nothing contained in this chapter is intended to restrict the road authority from providing greater capacity.
Click here to view Image
1Discharges shall be computed using the rational method or other recognized hydrologic methods.
2Discharges shall be computed using United States geological survey report 92-4020 or other recognized hydrologic methods.
3If an overflow section is provided, the pipes and the overflow section, in combination, must pass the appropriate design event within the headwater limitations provided in this chapter.
4Off system roads include all township roads.
5For township roads, the recurrence interval is 10 years.
General Authority: NDCC 24-02-01.1, 24-02-01.5, 28-32-02, 61-03-13
Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 89-14 - Stream Crossings [Rules adopted jointly with Water Commission and published in Article 89-14] › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-04 - Floodplain consideration - Upstream development

Current through Supplement No. 393, July, 2024
All stream crossings must comply with applicable floodplain regulations and regulatory floodway requirements. If a stream crossing is being replaced and buildings or structures are located upstream from the crossing, the stream crossing must not be constructed or reconstructed in a manner that increases the likelihood of impacts to those upstream buildings or structures from that which existed with the stream crossing being replaced, even if the capacity of the crossing being replaced was greater than the capacity otherwise required by this chapter. Any stream crossing constructed as part of a newly constructed roadway shall be constructed to pass a one hundred-year event without the resulting increase in headwater impacting any existing buildings or structures. Structures, for the purposes of this section, include grain bins, silos, feedlots, and corrals. Structures do not include pasture fencing.
General Authority: NDCC 24-02-01.1, 24-02-01.5, 28-32-02, 61-03-13
Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 89-14 - Stream Crossings [Rules adopted jointly with Water Commission and published in Article 89-14] › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-05 - Allowable headwater

Current through Supplement No. 393, July, 2024
The allowable maximum headwater when passing the design discharge must be measured from the bottom of the channel. For arch pipes, the maximum allowable headwater must be based on the rise of the pipe, and the pipe size category must be the equivalent round pipe size. For multiple pipe installations, the pipe diameter used to calculate the allowable headwater must be the diameter of the largest pipe. Tailwater resulting from downstream conditions, either natural or manmade, must be accounted for in the determination of the crossing's capacity and the resulting headwater. Additional guidance is provided in the North Dakota department of transportation design manual.
Click here to view Image
General Authority: NDCC 24-02-01.1, 24-02-01.5, 28-32-02, 61-03-13
Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1
North Dakota Administrative Code › Title 37 - Department of Transportation › Article 89-14 - Stream Crossings [Rules adopted jointly with Water Commission and published in Article 89-14] › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-06 - Deviations

Current through Supplement No. 393, July, 2024
The board of county commissioners, board of township supervisors, their contractors, subcontractors, or agents, or any individual, firm, corporation, or limited liability company may deviate from the standards contained in this chapter if the deviation is approved in writing by the state engineer and the director of the department of transportation. A request to deviate from the standards must be made in writing and must set forth the reasons for the deviation. The state engineer and department of transportation may grant a deviation for good and sufficient cause after considering public safety, upstream and downstream impacts, and other relevant matters. The department of transportation may deviate from these standards if the director of the department determines it is appropriate to do so and the crossings are designed in accordance with scientific highway construction and engineering standards. The basis for the director's decision must be documented in writing. If a crossing results in less than one-half foot [15.24 centimeters] of headloss when passing the appropriate design discharge, the headwater limitations of section 89-14-01-05 do not apply.
Roads constructed as part of a surface coal mining operation for use solely as part of the mining operation are not subject to the requirements of this chapter. Roads constructed as a result of a surface coal mining operation for use by the public are bound by the requirements of this chapter, but deviations may be requested in accordance with this section.
General Authority: NDCC 24-02-01.1, 24-02-01.5, 28-32-02, 61-03-13
Law Implemented: NDCC 24-03-06, 24-03-08, 24-06-26.1
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-01 - General Administration › Chapter 38-01-01 - Organization of Highway Patrol › Section 38-01-01-01 - Organization of North Dakota highway patrol

Current through Supplement No. 393, July, 2024
1.
History.
The 1935 legislative
			assembly passed a law creating the North Dakota highway patrol, codified as
			North Dakota Century Code chapter 39-03. This chapter required the highway
			commissioner to appoint a state highway patrol superintendent. In 1951, the
			legislative assembly removed the highway patrol from the highway department and
			placed it under the direct control of the governor. The governor now appoints
			the superintendent and the superintendent appoints personnel to the patrol.
2.
Function.
The
			highway patrol is responsible for enforcing the provisions of the laws of the
			state relating to the protection and use of the highways in the state, the
			operation of motor and other vehicles upon such highways; a public education
			and information program to reduce accidents and encourage safe driving
			practices; security and protection for the governor, the governor's immediate
			family, and other officers next in order of succession to the office of
			governor; police powers on state property; and the operation, maintenance, and
			administration of the law enforcement training academy.
3.
Inquiries.
Inquiries
			regarding the highway patrol may be addressed to the superintendent:
Superintendent
North Dakota Highway Patrol
600 East Boulevard Avenue, Dept. 504
Bismarck, ND 58505-0240
ndhpinfo@nd.gov
General Authority: NDCC 28-32-02.1
Law Implemented: NDCC
				28-32-02.1
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-03 - Hazardous Materials › Chapter 38-03-01 - Hazardous Materials - General › Section 38-03-01-01 - Regulatory intent

Current through Supplement No. 393, July, 2024
1. The hazardous
			materials regulations adopted in this article are designed to improve the
			safety and welfare of the general public by providing a framework of commonly
			accepted practices for the safe transport of commodities designated as
			hazardous material by the United States department of transportation.
2. These regulations are adopted
			without substantial modification so as to provide for the greatest flexibility
			in both interstate and intrastate movement of these materials.
3. These regulations are binding upon all
			shippers and carriers of hazardous materials into, through, and within the
			state of North Dakota, and shall be enforced by the North Dakota highway
			patrol.
General Authority: NDCC
				28-32-02
Law Implemented: NDCC
				39-21-44
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-03 - Hazardous Materials › Chapter 38-03-01 - Hazardous Materials - General › Section 38-03-01-02 - Adoption of regulations

Current through Supplement No. 393, July, 2024
The following parts of Title 49, Code of Federal Regulations,
			  including amendments, are adopted by reference:
1. Part 107 - Subparts F and G only -
			Hazardous Materials Program Procedures.
2. Part 171 - General Information,
			Regulations and Definitions.
3.
			Part 172 - Hazardous Materials Tables and Hazardous Materials Communications
			Regulations.
4. Part 173 -
			Shippers - General Requirements for Shipments and Packagings.
5. Part 177 - Carriage by Public Highway.
6. Part 178 - Shipping Container
			Specifications.
7. Part 180 -
			Qualification and Maintenance of Packagings.
General Authority: NDCC
				28-32-02
Law Implemented: NDCC
				39-21-44
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-03 - Hazardous Materials › Chapter 38-03-01 - Hazardous Materials - General › Section 38-03-01-03 - Amendments

Current through Supplement No. 393, July, 2024
These regulations include such amendments as may be
			  promulgated by the United States department of transportation.
General Authority: NDCC
				28-32-02
Law Implemented: NDCC
				39-21-44
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-03 - Hazardous Materials › Chapter 38-03-02 - Hazardous Materials - Agricultural Operations › Section 38-03-02-01 - Anhydrous ammonia - Portable tanks

Current through Supplement No. 393, July, 2024
1. Portable tanks, commonly referred to as
			nurse tanks, intended for farm fertilizer application, designed and utilized
			for the carriage of anhydrous ammonia, are exempt from the container
			specification and other regulations adopted in this article when the tank:
a. Has a minimum design pressure of two
			hundred fifty pounds per square inch gauge [1,683.7 kilopascals] and meets the
			requirements of the edition of the American Society of Mechanical Engineers
			Code in effect at the time it was manufactured and is marked accordingly;
b. Is equipped with safety relief
			valves meeting the requirements of the compressed gas association, pamphlet
			51.2;
c. Is painted white or
			aluminum;
d. Has the capacity of
			three thousand gallons [11.36 cubic meters] or less;
e. Is loaded to a filling density no greater
			than fifty-six percent;
f. Is
			securely mounted on a farm wagon; and
(1) Is
			placarded front and rear, and on both sides with approved department of
			transportation nonflammable gas placards; or
(2) Is identified front and rear, and on both
			sides with the words "anhydrous ammonia" in letters not less than three inches
			[7.62 centimeters] high, utilizing a one-inch [2.54-centimeter] brush stroke.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-03 - Hazardous Materials › Chapter 38-03-02 - Hazardous Materials - Agricultural Operations › Section 38-03-02-02 - Intrastate farm operations

Current through Supplement No. 393, July, 2024
1. The
			transportation of an agricultural product other than a Class 2 material, over
			local roads between fields of the same farm, is exempted from the requirements
			of this chapter when:
a. It is transported by
			a farmer who is an intrastate private motor carrier; and
b. The movement of the agricultural product
			conforms to all other state statutes or rules in effect before July 1, 1998.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-03 - Hazardous Materials › Chapter 38-03-03 - Hazardous Materials - Petroleum Products › Section 38-03-03-01 - Petroleum products - Nonspecification cargo tanks

Current through Supplement No. 393, July, 2024
1. Notwithstanding requirements for
			specification packagings in 49 CFR subpart F of part 173 and parts 178 and 180,
			a nonspecification cargo tank motor vehicle having a capacity of less than
			three thousand five hundred gallons [13250 liters] may be used by an intrastate
			motor carrier for transportation of a flammable liquid petroleum product in
			accordance with subsection 3.
2.
			Notwithstanding requirements for specification packagings in 49 CFR subpart F
			of part 173 and parts 178 and 180, a nonspecification metal tank permanently
			secured to a transport vehicle and protected against leakage or damage in the
			event of a turnover, having a capacity of less than one hundred nineteen
			gallons [450 liters], may be used by an intrastate motor carrier for
			transportation of a flammable liquid petroleum prouct in accordance with
			subsection 3.
3. Additional
			requirements. A packaging used under subsections 1 and 2 must:
a. Be operated by an intrastate motor carrier
			and in use as a packaging for hazardous material before July 1, 1998;
b. Be operated in conformance with
			all other requirements of this state;
c. Be offered for transportation and
			transported in conformance with all other applicable requirements of subchapter
			a of 49 CFR;
d. Not be used to
			transport a flamable cryogenic liquid, hazardous substance, hazardous waste, or
			marine pollutant; and
e. On and
			after July 1, 2000, a tank authorized under subsection 1 or 2 must conform to
			all requirements in part 180 (except for 180.405(g)) of 49 CFR in the same
			manner as required for a DOT specification MC306 cargo tank motor vehicle.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-04 - Motor Carrier Safety Regulations › Chapter 38-04-01 - Motor Carrier Safety Regulations - General › Section 38-04-01-01 - Regulatory intent

Current through Supplement No. 393, July, 2024
1. The motor
			carrier safety regulations adopted in this chapter are designed to improve the
			safety and welfare of the general public by providing a framework of safe
			operating practices for motor carriers.
2. These regulations are adopted without
			substantial modification so as to provide for the greatest flexibility and
			uniformity in both interstate and intrastate commerce.
3. These regulations are binding upon all
			motor carriers and their employees while operating within or through the state
			of North Dakota and shall be enforced by the North Dakota highway patrol.
General Authority: NDCC
				28-32-02 Law
Implemented: NDCC
				39-21-46
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-04 - Motor Carrier Safety Regulations › Chapter 38-04-01 - Motor Carrier Safety Regulations - General › Section 38-04-01-02 - Adoption of regulations

Current through Supplement No. 393, July, 2024
The following parts of title 49, Code of Federal Regulations,
			  including amendments are adopted by reference:
1. Part 382 - Controlled Substances and
			Alcohol Use and Testing.
2. Part
			385 - Subpart A - General.
3. Part
			385 - Subpart B - Safety Monitoring System for Mexico-Domiciled
			Carriers.
4. Part 385 - Subpart C -
			Certification of Safety Auditors, Safety Investigators, and Safety
			Inspectors.
5. Part 385 - Subpart D
			- New Entrant Safety Assurance Program.
6. Part 385 - Subpart E - Hazardous Materials
			Safety Permits.
7. Part 386 -
			Subpart F - Injunctions and Imminent Hazards.
8. Part 386 - Subpart G -
			Penalities.
9. Part 387 - Minimum
			Levels of Financial Responsibility for Motor Carriers.
10. Part 390 - Federal Motor Carrier Safety
			Regulations: General.
11. Part 391
			- Qualifications of Drivers.
12.
			Part 392 - Driving of Motor Vehicles.
13. Part 393 - Parts and Accessories
			Necessary for Safe Operation.
14.
			Part 395 - Hours of Service of Drivers.
15. Part 396 - Inspection, Repair and
			Maintenance.
16. Part 397 -
			Transportation of Hazardous Materials; Driving.
Intrastate commercial motor vehicles with a gross vehicle
			  weight, gross vehicle weight rating, gross combination weight, and gross
			  combination weight rating of twenty-six thousand pounds [11793.52 kilograms] or
			  less are exempt from all federal motor carrier safety regulations unless the
			  vehicle is used to transport hazardous materials requiring a placard, the
			  vehicle is designed to transport more than eight passengers, including the
			  driver, for compensation, or unless the vehicle is designed to transport more
			  than fifteen people, including the driver not for compensation
General Authority:
NDCC 28-32-02,
				39-32-02
Law Implemented:
NDCC
				39-21-46
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-04 - Motor Carrier Safety Regulations › Chapter 38-04-01 - Motor Carrier Safety Regulations - General › Section 38-04-01-03 - Amendments

Current through Supplement No. 393, July, 2024
These regulations include such amendments as may be
			  promulgated by the United States department of transportation.
General Authority: NDCC
				28-32-02
Law Implemented: NDCC
				39-21-46
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-05 - Flagging and Lighting Requirements for Vehicles and Loads Exempt From Width Limitations › Chapter 38-05-01 - Definitions › Section 38-05-01-01 - Definitions

Current through Supplement No. 393, July, 2024
In this article, unless the context or other subject matter
			  requires:
1. "Construction and building contractors' equipment" means
			  vehicles and equipment used in the construction or improvement of buildings,
			  highways, bridges, or other structures and also including housemovers'
			  equipment and vehicles, and specialized oilfield vehicles commonly referred to
			  as rig-up trucks or gin trucks.
2. "Hay grinder" means a self-propelled or towed implement of
			  husbandry used commercially for grinding hay or straw.
3. "Implement of husbandry" means every vehicle designed and
			  adapted exclusively for agricultural, horticultural, or livestock-raising
			  operations or for lifting or carrying an implement of husbandry.
4. "Self-propelled fertilizer spreader" means a factory-built
			  vehicle or a truck converted with equipment mounted for the purpose of
			  spreading liquid or dry fertilizer commercially on farm or ranch fields.
General Authority: NDCC
				39-12-04
Law Implemented: NDCC
				39-12-04
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-05 - Flagging and Lighting Requirements for Vehicles and Loads Exempt From Width Limitations › Chapter 38-05-02 - Standards for Marking Vehicles and Loads › Section 38-05-02-01 - Standards for marking vehicles and loads

Current through Supplement No. 393, July, 2024
1. Any vehicle or
			load exempt from width limitations as provided for in North Dakota Century Code
			section 39-12-04 must display red or
			bright orange flags that shall be mounted on the most practical outside
			dimension on the traffic side of the overwidth vehicle or load, front and rear.
			If one flag is visible from both the front and rear, only one flag would be
			required. All flags shall be made of red or bright orange cloth or other
			suitable material and shall be at least eighteen inches [45.72 centimeters] by
			eighteen inches [45.72 centimeters] in size.
2. In lieu of the flagging requirements in
			subsection 1:
a. Overwidth movements may be
			followed by a vehicle with lighted flashing lights that are visible from the
			rear for a minimum five hundred feet [152.4 meters]; or
b. The overwidth vehicle itself, or vehicle
			towing or hauling an overwidth load, may be equipped with a lighted rotating or
			flashing amber light or lights that are visible from the rear for a minimum
			five hundred feet [152.4 meters].
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-05 - Flagging and Lighting Requirements for Vehicles and Loads Exempt From Width Limitations › Chapter 38-05-03 - Lighting Requirements › Section 38-05-03-01 - Lighting requirements

Current through Supplement No. 393, July, 2024
All vehicles and loads exempt from width limitations that are
			  authorized to travel between sunset and sunrise shall meet the lighting
			  requirements as provided for in North Dakota Century Code chapter 39-21. Every
			  vehicle used for towing or hauling an implement of husbandry and every
			  self-propelled implement of husbandry may, in addition to the lighting
			  requirements, be equipped with a lighted rotating or flashing amber light or
			  lights that are clearly visible from the front and rear for a minimum five
			  hundred feet [152.4 meters].
General Authority: NDCC
				39-12-04
Law Implemented: NDCC
				39-12-04
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-05 - Flagging and Lighting Requirements for Vehicles and Loads Exempt From Width Limitations › Chapter 38-05-04 - Mirror Requirements › Section 38-05-04-01 - Mirror requirements

Current through Supplement No. 393, July, 2024
All vehicles and loads exempt from width limitations must
			  meet the mirror requirements required in North Dakota Century Code chapter
			  39-21. Every motor vehicle must be equipped with a mirror so located as to
			  reflect to the driver a rear view of the highway for a distance of at least two
			  hundred feet [60.96 meters].
General Authority:
NDCC
				28-32-02,
				39-32-02
Law Implemented:
NDCC
				39-21-46,
				39-21-38
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-01 - Regulatory Intent › Section 38-06-01-01 - Regulatory intent

Current through Supplement No. 393, July, 2024
1. Safety
			regulations adopted herein are intended so that for good cause shown a vehicle
			or load exceeding legal size or weight, or both, can be moved on the state
			highway system as authorized by North Dakota Century Code section
			39-12-02.
2. These regulations are adopted so as to
			provide for the safety and welfare of the general public, and to protect the
			state highway system, including structures, by providing a framework of safe
			operating practices for motor carriers or persons moving oversize or
			overweight, or both, vehicles and loads.
3. The North Dakota highway patrol has the
			authority to impose additional permit conditions for each permit to ensure
			compliance with the intent of these rules.
General Authority: NDCC
				39-12-02
Law Implemented: NDCC
				39-12-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-02 - Adoption of Regulations › Section 38-06-02-01 - General rules

Current through Supplement No. 393, July, 2024
1. The North Dakota highway patrol may issue
			annual permits for the movement of overwidth or overlength vehicles and loads
			and single trip permits for the movement of oversize or overweight, or both,
			vehicles and loads. Unless otherwise exempted by the superintendent, permits
			will not be issued for loads that can be reasonably made to conform to legal
			limits.
2. All permits must be in
			possession of the permittee prior to starting movement unless prior approval is
			obtained from the highway patrol.
General Authority:
NDCC
				39-12-02
Law Implemented:
NDCC
				39-12-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-02 - Adoption of Regulations › Section 38-06-02-02 - Flagging, sign, lighting, and mirror requirements

Current through Supplement No. 393, July, 2024
1. All overdimensional vehicles and loads
			must have minimum eighteen-inch by eighteen-inch [45.72-centimeters by
			45.72-centimeters] red or bright orange flags displayed on the traffic sides
			front and rear.
2. When the overall
			length of an overdimensional movement exceeds seventy-five feet [22.86 meters]
			in length. when a movement is overwidth. or when the overall length of an
			overdimensional movement exceeds seventy-five feet [22.86 meters] in length and
			the movement is overwide, there must be a minimum twelve-inch by sixty-inch
			[304.8-millimeters by 1524-millimeters] oversize load sign on the front or
			roofline of the towing vehicle, and the rear of the vehicle/load. The lettering
			must be black on yellow background. Letters must be at least eight inches
			[203.2 millimeters] high with one-inch [25.4-millimeters] brush stroke. When
			the movement is overlength only, exceeding seventy-five feet [22.86 meters] in
			overall length. a long load sign that is a minimum twelve inches by sixty
			inches [304.8 millimeters by 1524 millimeters] in size may be used in lieu of
			the oversize load sign. The lettering must be black on yellow background. The
			letters must be at least eight inches [203.2 millimeters] high with one-inch
			[25.4-millimeters] brush stroke. The sign must be covered or removed when the
			movement is not overdimensional.
3.
			A motor vehicle must have two outside mirrors, one on each side, to reflect to
			the driver a rear view of the roadway for a distance of no less than two
			hundred feet [60.96 meters].
4.
			Between a half hour after sunset and a half hour before sunrise, a permitted
			overwidth vehicle or load must be equipped with the society of automotive
			engineers-approved class 1 lights and reflectors, in addition to those required
			in North Dakota Century Code chapter 39-21 and Code of Federal Regulations,
			title 49, part 393.
a. One rotating or two
			flashing amber lights shall be mounted above the cab and visible from the front
			and rear for a distance not less than five hundred feet [152.4 meters], under
			clear atmospheric conditions at night. If the lights on the cab are not visible
			to the rear, additional flashing amber lights are required at the
			rear.
b. Clearance lights must be
			visible from the front, rear, and side, marking the outermost portion of the
			vehicle and load which extends beyond eight feet six inches [2.5908
			meters].
c. Vehicles must be
			capable of traveling at the posted highway speed unless otherwise noted on the
			permit.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-02 - Adoption of Regulations › Section 38-06-02-03 - Escort requirements

Current through Supplement No. 393, July, 2024
1. All movements exceeding fourteen feet six
			inches [4.42 meters] in overall width but not exceeding sixteen feet [4.87
			meters] in overall width shall have one pilot car precede the movement at a
			distance of three hundred to seven hundred feet [91.44 to 213.36 meters] on
			two-lane highways. In lieu of the pilot car requirement, the overwidth vehicle
			itself, or vehicle towing or hauling an overwidth load, may be equipped with a
			lighted rotating or flashing amber light or lights that are visible from front
			and rear for a minimum five hundred feet [152.4 meters]. On four-lane divided
			highways there are no pilot car requirements for movements of this
			size.
2. All movements exceeding
			sixteen feet [4.88 meters] in overall width shall have one pilot car precede
			the movement at a distance of three hundred to seven hundred feet [91.44 to
			213.36 meters] and shall have one pilot car follow the movement at a distance
			of three hundred to seven hundred feet [91.44 to 213.36 meters] on two-lane
			highways. On four-lane divided highways one pilot car shall follow the movement
			at a distance of three hundred to seven hundred feet [91.44 to 213.36
			meters].
3. All movements exceeding
			one hundred twenty feet [36.57 meters] in overall length shall have one pilot
			car follow the movement at a distance of three hundred to seven hundred feet
			[91.44 to 213.36 meters].
4. All
			movements exceeding eighteen feet [5.49 meters] in overall height shall have
			one pilot car precede the movement at a distance of three hundred to seven
			hundred feet [91.44 to 213.36 meters].
5. The North Dakota department of
			transportation chief engineer, bridge engineer, district engineers, or highway
			patrol may require pilot cars for movements that are overweight.
General Authority:
NDCC
				39-12-02
Law Implemented:
NDCC
				39-12-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-02 - Adoption of Regulations › Section 38-06-02-04 - Routing of movements

Current through Supplement No. 393, July, 2024
Permit issuing personnel may designate routes of travel where
			  adequate width or height for safe traffic movement cannot be provided, or when
			  restricted by maps as provided by North Dakota department of transportation
			  engineers.
General Authority:
NDCC
				39-12-02
Law Implemented:
NDCC
				39-12-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-02 - Adoption of Regulations › Section 38-06-02-05 - Insurance requirements

Current through Supplement No. 393, July, 2024
1. When towing or
			hauling oversize mobile home or modular units, the towing vehicle must have
			minimum insurance coverage of one hundred thousand dollars bodily injury
			liability for one person, three hundred thousand dollars bodily injury
			liability for one accident, and fifty thousand dollars property damage
			liability.
2. When requesting
			permits for movements exceeding two hundred thousand pounds [90718 kilograms]
			gross vehicle weight, or when otherwise required by the highway patrol or
			department of transportation engineers, the applicant must provide written
			verification of liability and property damage insurance coverage.
3. An insurance bond in the amount determined
			by the North Dakota department of transportation may be required for load or
			vehicle movements of excessive size or weight, showing the North Dakota
			department of transportation as an additional insured. Excessive size and
			weight shall be determined on a case-by-case basis by the North Dakota
			department of transportation.
General Authority:
NDCC
				39-12-02
Law Implemented:
NDCC
				39-12-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-02 - Adoption of Regulations › Section 38-06-02-06 - Size and weight limitations

Current through Supplement No. 393, July, 2024
Limitations for single trip permits for overweight movements
			  must be as determined by department of transportation
			  engineers.
General Authority:
NDCC
				39-12-02
Law Implemented:
NDCC
				39-12-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-02 - Adoption of Regulations › Section 38-06-02-07 - Travel restrictions

Current through Supplement No. 393, July, 2024
1. Permits may not
			be issued for overdimensional movements between one-half hour after sunset and
			one-half hour before sunrise unless otherwise authorized by the
			superintendent.
2. Except as
			authorized in this section, single trip permits for overwidth exceeding sixteen
			feet [4.88 meters] may not be issued authorizing movements on Saturday after
			twelve noon, all day Sunday, and on holidays of New Year's Day, Memorial Day,
			Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. No overwidth
			permit exceeding sixteen feet [4.88 meters] will be valid from twelve noon the
			day before the holiday until sunrise the day after the holiday.
3. The superintendent may authorize a single
			trip permit for weekends or holidays.
4. Permits do not authorize movements when
			inclement weather prevails, highways are slippery, or when visibility is
			one-half mile [0.8 kilometers] or less.
5. Permits do not authorize travel on
			shoulders of road.
6. A single trip
			permit is required for each movement that is overdimensional or overweight. An
			annual permit for overwidth or overlength vehicle and load movements can be
			used in lieu of the single trip permit issued for overwidth or overlength
			movements.
7. A minimum distance of
			one thousand feet [304.80 meters] is required between vehicles in a convoy of
			two or more vehicles.
General Authority:
NDCC 39-12-02
Law Implemented:
NDCC
				39-12-02
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-04 - Liability of Permit Applicant and Permit Conditions › Section 38-06-04-01 - Liability of permit applicant

Current through Supplement No. 393, July, 2024
1.
			The applicant or permittee, as a condition for obtaining an oversize or
			overweight, or both, permit, shall assume all responsibility for accidents,
			damage, or injury to any persons or damage to public or private property caused
			by the movement of any oversize or overweight, or both, vehicle or load covered
			by the permit while upon public highways of the state.
2. The applicant or permittee agrees to
			indemnify and hold harmless the North Dakota department of transportation, the
			North Dakota highway patrol, their officers, and employees from any and all
			claims resulting directly or indirectly from the movement of an oversize or
			overweight, or both, vehicle or load on any public highway of the state of
			North Dakota.
General Authority: NDCC
				39-12-02,
				39-12-04,
				39-12-05.3
Law Implemented: NDCC
				39-12-02,
				39-12-04,
				39-12-05.3
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-04 - Liability of Permit Applicant and Permit Conditions › Section 38-06-04-02 - Permit cancellation and hearing request

Current through Supplement No. 393, July, 2024
1. The highway patrol may revoke or cancel
			permit privileges when the applicant or permittee is in violation of the
			regulations adopted herein or conditions of the permit.
2. When notification is made of the
			cancellation of permit privileges, the applicant or permittee has ten days to
			request a hearing with the superintendent.
General Authority:
NDCC
				39-12-02,
				39-12-04,
				39-12-05.3
Law Implemented:
NDCC
				39-12-02,
				39-12-04,
				39-12-05.3
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-05 - Certification of Portable Scales › Section 38-06-05-01 - Certification

Current through Supplement No. 393, July, 2024
Portable vehicle scales utilized for law enforcement purposes
			  must be tested by an agent of the North Dakota highway patrol or a registered
			  service person or company prior to being utilized for enforcement purposes. A
			  portable vehicle scale utilized for enforcement purposes may be certified by
			  the highway patrol or a registered service person or company. The highway
			  patrol may certify scales used for enforcement purposes by actual testing of
			  the device or by witnessing the test. The highway patrol will maintain a record
			  of certification of portable vehicle scales utilized for law enforcement
			  purposes.
The device utilized by the highway patrol or registered
			  service person or company for the certification of portable vehicle scales
			  should be one that is certified annually by a facility that has practices and
			  standards that are traceable to the national institute of standards and
			  technology, an agency of the United States department of
			  commerce.
General Authority:
NDCC
				39-12-02
Law Implemented:
NDCC
				39-12-07
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-06 - Movement of Oversize and/or Overweight Vehicles and Loads › Chapter 38-06-05 - Certification of Portable Scales › Section 38-06-05-02 - Recertification

Current through Supplement No. 393, July, 2024
An agent of the North Dakota highway patrol or a registered
			  service person or company may inspect, test, and calibrate portable vehicle
			  scales utilized for law enforcement purposes. The owner of any portable vehicle
			  scale utilized for enforcement purposes is responsible for its accuracy and
			  should have the device tested and recertified annually. Failure to recertify a
			  portable vehicle scale within fifteen months of the prior year's annual
			  recertification will disqualify the device to be utilized for enforcement
			  purposes. The highway patrol will maintain a record of recertification of
			  portable vehicle scales utilized for law enforcement purposes.
The device utilized by the highway patrol or registered
			  service person or company for the recertification of portable vehicle scales
			  should be one that is certified annually by a facility that has practices and
			  standards that are traceable to the national institute of standards and
			  technology, an agency of the United States department of
			  commerce.
General Authority:
NDCC
				39-12-02
Law Implemented:
NDCC
				39-12-07
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-01 - Definitions › Section 38-07-01-01 - Definitions

Current through Supplement No. 393, July, 2024
In this article, unless the context or other subject matter
			  requires:
1. "Commercial driver's license" means a license issued under
			  North Dakota Century Code chapter 39-06.2 which authorizes an individual to
			  drive a class of commercial motor vehicle as defined in subsection 6 of North
			  Dakota Century Code section
			  39-06.2-02
2. "Contract" means a written agreement between the
			  commercial driver training school and a student for classroom instruction,
			  behind-the-wheel training, internet course, or any combination thereof.
3. "Internet course" means an electronic course of
			  instruction as authorized under paragraph 2 of subdivision a of subsection 2 of
			  North Dakota Century Code section
			  39-06-01.1.
4. "Lesson" means a continuous period of time during which
			  instruction is given for the purpose of operating a motor vehicle whether by
			  classroom instruction, practice driving, or internet course. A one-hour lesson
			  means one hour of actual instruction.
5. "Location" means a designated site at which the business
			  of a commercial driver training school is transacted and its records are
			  kept.
6. "Superintendent" means the superintendent of the North
			  Dakota highway patrol.
7. "Owner" means a person or persons, including a
			  partnership, a corporation, or other business entity, that has a vested
			  interest in and control over a school.
8. "Safe mechanical condition" means the continual compliance
			  with safety requirements of vehicles that are used to train school students and
			  have passed either a state safety inspection or a federal motor carrier safety
			  administration inspection.
General Authority:
NDCC
				39-25-02
Law Implemented:
NDCC
				39-06-01.1,
				39-25-01
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-01 - License requirements

Current through Supplement No. 393, July, 2024
No commercial driver training school may be established or
			  operated unless such school shall apply for and obtain a license on the form
			  prescribed by the superintendent. A commercial driver training school may be
			  licensed to offer instruction through an internet course only. The
			  superintendent shall issue a license indicating restricted to instruction
			  through "Internet Course Only".
General Authority: NDCC
				39-25-03
Law Implemented: NDCC
				39-06-01.1,
				39-25-03
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-02 - Location of school

Current through Supplement No. 393, July, 2024
1. No license may
			be issued for conducting a driver training school from a temporary stand,
			temporary address, or a room or rooms in a hotel or motel, or through the
			exclusive facilities of a telephone answering service.
2. The location of the school's principal
			place of business and branch offices must have adequate facilities, equipment,
			and available space to meet the approval of the superintendent, and must also
			be in compliance with all city and municipal ordinances.
3. Each commercial driving school license
			application or renewal application must be accompanied by a rental or lease
			agreement covering the time period corresponding to the license year. In case
			of ownership, a statement verifying ownership of the premises must be attached
			to the application.
General Authority: NDCC
				39-25-02
Law Implemented: NDCC
				39-25-03
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-03 - Business records

Current through Supplement No. 393, July, 2024
1. A permanent
			record of every person given lessons or services of any kind relating to
			classroom, behind-the-wheel, or internet course instruction in the operation of
			a motor vehicle must list the following information:
a. Name of student.
b. Address of student.
c. Date of birth of student.
d. Contract number.
e. Date and type of lesson.
f. Initials or name of instructor.
g. Social security or identification number.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-04 - Advertising

Current through Supplement No. 393, July, 2024
1. Commercial
			driver training schools may not:
a. Publish,
			advertise, or intimate that a driver's license is guaranteed or assured.
b. Duplicate or reproduce (in
			whole or in part) for use in advertising or instruction any forms used by the
			North Dakota highway patrol in the driver licensing function without specific
			approval of the superintendent.
c.
			Advertise or intimate that a commercial driver's or instructor's license
			encompasses certification by the North Dakota department of public instruction.
d. Advertise the address of any
			location other than the authorized principal place of business or licensed
			branch office.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-05 - Agreements and contracts

Current through Supplement No. 393, July, 2024
1. All
			contracts between schools and students must be on a form approved by the
			superintendent. The contract must include:
a.
			The name, date of birth, and address of the student.
b. The kind of training provided.
c. Approved vehicles to be used for
			instruction.
d. The number of
			hours of instruction and the rate per hour.
e. The signature of the student or other
			authorized person, or both, except an electronic contract is acceptable for the
			internet course only.
f. The date
			of the contract.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-06 - Insurance and safety

Current through Supplement No. 393, July, 2024
1. The licensee shall file with the
			superintendent evidence of liability insurance obtained from a company
			authorized to do business in the state of North Dakota. Proof of insurance is
			required for each vehicle used for driver training in the amount of:
a. At least one hundred thousand dollars
			because of bodily injury to or death of any one person in any one
			accident.
b. At least three hundred
			thousand dollars because of bodily injury to or death of two or more persons in
			any one accident.
c. At least
			twenty-five thousand dollars because of damage to or destruction of property of
			others in any one accident.
d. At
			least thirty thousand dollars for medical expenses regardless of
			liability.
North Dakota Administrative Code › Title 38 - Highway Patrol › Article 38-07 - Commercial Driver Training School Requirements › Chapter 38-07-02 - Commercial Driver Training School Requirements › Section 38-07-02-07 - License displayed

Current through Supplement No. 393, July, 2024
The license to operate a commercial driver training school
			  must be displayed in a conspicuous location in the licensee's principal place
			  of business and each branch office.
General Authority: NDCC
				39-25-03
Law Implemented: NDCC
				39-25-03