25.0407.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives K. Anderson, Beltz, Brandenburg, Hagert, Headland, Nehring, Schreiber-
Beck
Senators Clemens, Conley, Lemm, Luick, Thomas
A BILL for an Act to amend and reenact section 39-06.2-06 of the North Dakota Century Code,
relating to commercial driver's licenses; and to declare an emergency.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 39-06.2-06 of the North Dakota Century Code is
amended and reenacted as follows:
39-06.2-06. Commercial driver's license required.
1.Except when driving under a commercial learner's permit and accompanied by the
holder of a commercial driver's license valid for the vehicle being driven, an individual
may not drive a commercial motor vehicle on the highways of this state unless the
individual holds and is in immediate possession of a commercial driver's license with
applicable endorsements valid for the vehicle the individual is driving. This subsection
does not apply when the vehicle being driven:
a.When the vehicle being driven isIs a house car or a vehicle towing a travel trailer
being used solely for personal rather than commercial purposes.
b.When the vehicle being driven constitutesConstitutes emergency or firefighting
equipment necessary to the preservation of life or property.
c.When the vehicle isIs being driven for military purposes, subject to any limitations
imposed by title 49 CFR,Code of Federal Regulations, part 383.3(c).
d.When the vehicle being driven isIs a covered farm vehicle as defined in this
chapter.
2.No personAn individual may not drive a commercial motor vehicle on the highways of
this state while the person'sindividual's driving privilege is suspended, revoked, or
canceled, while subject to a disqualification.
Page No. 1 25.0407.01000
HOUSE BILL NO. 1093
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3.The provisions of this chapter are waived, asdo not apply to farm-to-market operations
by farmers, but limitedonly with respect to those operators of a farm vehicle that is:
a.Controlled and operated by a farmer.
b.Used to transport either agricultural products, including trees,; farm machines,; or
farm supplies, or both, to or from a farm.
c.Not used in the operations of a common or contract carrier.
d.Used within one hundred fifty miles [241.40 kilometers] of the person'sindividual's
farm.
4.The provisions of this chapter are waived asdo not apply to an individual employed by
and operating a vehicle at the request of and within a political subdivision, with a
population of less than three thousand, during an emergency declared by that political
subdivision for the removal of snow and ice. This waiver only applies when the
regularly employed driver is unavailable or the employing political subdivision
determines that additional assistance is required.
5.Pursuant to the limitations imposed by title 49 CFR, Code of Federal Regulations, part
383.3, the required knowledge and skills tests may be waived and a restricted
commercial driver's license issued for a single period of one hundred eightytwo
hundred ten days or two periods of ninetyone hundred five days within a twelve-month
periodcalendar year to employees of agrichemical businesses, custom harvesters,
farm retail outlets and suppliers, including retailers and suppliers of trees, and
livestock feeders.
6.Pursuant to the limitations imposed by title 49, Code of Federal Regulations, part
383.3, the holder of a class A commercial driver's license is exempt from the
hazardous materials endorsement, if the licenseholder is:
a.Acting within the scope of the licenseholder's employment, and within the state of
domicile, or another state with a hazardous materials enforcement exemption, as
an employee of a custom harvester operation, agrichemical business, farm retail
outlet and supplier, or livestock feeder; and
b.Operating a service vehicle that is transporting diesel in a quantity of one
thousand gallons [3785 liters] or less which is clearly marked with "flammable" or
"combustible" placard, as appropriate.
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7.In accordance with title 49, Code of Federal Regulations, part 384, section 230, the
department may not issue a commercial driver's license to an individual who obtains a
commercial learner's permit unless the individual complies with title 49, Code of
Federal Regulations, part 380, subpart F.
SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
Page No. 3 25.0407.01000
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