1 | | - | Sixty-ninth Legislative Assembly of North Dakota |
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2 | | - | In Regular Session Commencing Tuesday, January 7, 2025 |
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3 | | - | HOUSE BILL NO. 1093 |
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4 | | - | (Representatives K. Anderson, Beltz, Brandenburg, Hagert, Headland, Nehring, Schreiber-Beck) |
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5 | | - | (Senators Clemens, Conley, Lemm, Luick, Thomas) |
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6 | | - | AN ACT to amend and reenact section 39-06.2-06 of the North Dakota Century Code, relating to |
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7 | | - | commercial driver's licenses; and to declare an emergency. |
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| 1 | + | 25.0407.01000 |
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| 2 | + | Sixty-ninth |
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| 3 | + | Legislative Assembly |
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| 4 | + | of North Dakota |
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| 5 | + | Introduced by |
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| 6 | + | Representatives K. Anderson, Beltz, Brandenburg, Hagert, Headland, Nehring, Schreiber- |
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| 7 | + | Beck |
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| 8 | + | Senators Clemens, Conley, Lemm, Luick, Thomas |
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| 9 | + | A BILL for an Act to amend and reenact section 39-06.2-06 of the North Dakota Century Code, |
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| 10 | + | relating to commercial driver's licenses; and to declare an emergency. |
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12 | | - | 1.Except when driving under a commercial learner's permit and accompanied by the holder of a |
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13 | | - | commercial driver's license valid for the vehicle being driven, an individual may not drive a |
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14 | | - | commercial motor vehicle on the highways of this state unless the individual holds and is in |
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15 | | - | immediate possession of a commercial driver's license with applicable endorsements valid for |
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16 | | - | the vehicle the individual is driving. This subsection does not apply when the vehicle being |
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17 | | - | driven: |
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18 | | - | a.When the vehicle being driven isIs a house car or a vehicle towing a travel trailer being |
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19 | | - | used solely for personal rather than commercial purposes. |
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| 15 | + | 1.Except when driving under a commercial learner's permit and accompanied by the |
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| 16 | + | holder of a commercial driver's license valid for the vehicle being driven, an individual |
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| 17 | + | may not drive a commercial motor vehicle on the highways of this state unless the |
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| 18 | + | individual holds and is in immediate possession of a commercial driver's license with |
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| 19 | + | applicable endorsements valid for the vehicle the individual is driving. This subsection |
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| 20 | + | does not apply when the vehicle being driven: |
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| 21 | + | a.When the vehicle being driven isIs a house car or a vehicle towing a travel trailer |
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| 22 | + | being used solely for personal rather than commercial purposes. |
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24 | | - | d.When the vehicle being driven isIs a covered farm vehicle as defined in this chapter. |
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25 | | - | 2.No personAn individual may not drive a commercial motor vehicle on the highways of this |
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26 | | - | state while the person'sindividual's driving privilege is suspended, revoked, or canceled, while |
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27 | | - | subject to a disqualification. |
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28 | | - | 3.The provisions of this chapter are waived, asdo not apply to farm-to-market operations by |
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29 | | - | farmers, but limitedonly with respect to those operators of a farm vehicle that is: |
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| 27 | + | d.When the vehicle being driven isIs a covered farm vehicle as defined in this |
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| 28 | + | chapter. |
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| 29 | + | 2.No personAn individual may not drive a commercial motor vehicle on the highways of |
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| 30 | + | this state while the person'sindividual's driving privilege is suspended, revoked, or |
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| 31 | + | canceled, while subject to a disqualification. |
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| 32 | + | Page No. 1 25.0407.01000 |
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| 33 | + | HOUSE BILL NO. 1093 |
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| 57 | + | 23 Sixty-ninth |
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| 58 | + | Legislative Assembly |
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| 59 | + | 3.The provisions of this chapter are waived, asdo not apply to farm-to-market operations |
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| 60 | + | by farmers, but limitedonly with respect to those operators of a farm vehicle that is: |
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34 | | - | d.Used within one hundred fifty miles [241.40 kilometers] of the person'sindividual's farm. |
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35 | | - | 4.The provisions of this chapter are waived asdo not apply to an individual employed by and |
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36 | | - | operating a vehicle at the request of and within a political subdivision, with a population of less |
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37 | | - | than three thousand, during an emergency declared by that political subdivision for the |
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38 | | - | removal of snow and ice. This waiver only applies when the regularly employed driver is |
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39 | | - | unavailable or the employing political subdivision determines that additional assistance is |
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40 | | - | required. H. B. NO. 1093 - PAGE 2 |
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41 | | - | 5.Pursuant to the limitations imposed by title 49 CFR, Code of Federal Regulations, part 383.3, |
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42 | | - | the required knowledge and skills tests may be waived and a restricted commercial driver's |
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43 | | - | license issued for a single period of one hundred eightytwo hundred ten days or two periods of |
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44 | | - | ninetyone hundred five days within a twelve-month periodcalendar year to employees of |
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45 | | - | agrichemical businesses, custom harvesters, farm retail outlets and suppliers, including |
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46 | | - | retailers and suppliers of trees, and livestock feeders. |
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47 | | - | 6.Pursuant to the limitations imposed by title 49, Code of Federal Regulations, part 383.3, the |
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48 | | - | holder of a class A commercial driver's license is exempt from the hazardous materials |
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49 | | - | endorsement, if the licenseholder is: |
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| 65 | + | d.Used within one hundred fifty miles [241.40 kilometers] of the person'sindividual's |
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| 66 | + | farm. |
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| 67 | + | 4.The provisions of this chapter are waived asdo not apply to an individual employed by |
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| 68 | + | and operating a vehicle at the request of and within a political subdivision, with a |
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| 69 | + | population of less than three thousand, during an emergency declared by that political |
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| 70 | + | subdivision for the removal of snow and ice. This waiver only applies when the |
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| 71 | + | regularly employed driver is unavailable or the employing political subdivision |
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| 72 | + | determines that additional assistance is required. |
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| 73 | + | 5.Pursuant to the limitations imposed by title 49 CFR, Code of Federal Regulations, part |
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| 74 | + | 383.3, the required knowledge and skills tests may be waived and a restricted |
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| 75 | + | commercial driver's license issued for a single period of one hundred eightytwo |
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| 76 | + | hundred ten days or two periods of ninetyone hundred five days within a twelve-month |
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| 77 | + | periodcalendar year to employees of agrichemical businesses, custom harvesters, |
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| 78 | + | farm retail outlets and suppliers, including retailers and suppliers of trees, and |
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| 79 | + | livestock feeders. |
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| 80 | + | 6.Pursuant to the limitations imposed by title 49, Code of Federal Regulations, part |
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| 81 | + | 383.3, the holder of a class A commercial driver's license is exempt from the |
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| 82 | + | hazardous materials endorsement, if the licenseholder is: |
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51 | | - | domicile, or another state with a hazardous materials enforcement exemption, as an |
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52 | | - | employee of a custom harvester operation, agrichemical business, farm retail outlet and |
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53 | | - | supplier, or livestock feeder; and |
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54 | | - | b.Operating a service vehicle that is transporting diesel in a quantity of one thousand |
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55 | | - | gallons [3785 liters] or less which is clearly marked with "flammable" or "combustible" |
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56 | | - | placard, as appropriate. |
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| 84 | + | domicile, or another state with a hazardous materials enforcement exemption, as |
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| 85 | + | an employee of a custom harvester operation, agrichemical business, farm retail |
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| 86 | + | outlet and supplier, or livestock feeder; and |
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| 87 | + | b.Operating a service vehicle that is transporting diesel in a quantity of one |
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| 88 | + | thousand gallons [3785 liters] or less which is clearly marked with "flammable" or |
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| 89 | + | "combustible" placard, as appropriate. |
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| 121 | + | 31 Sixty-ninth |
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| 122 | + | Legislative Assembly |
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59 | | - | commercial learner's permit unless the individual complies with title 49, Code of Federal |
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60 | | - | Regulations, part 380, subpart F. |
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61 | | - | SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1093 - PAGE 3 |
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62 | | - | ____________________________ ____________________________ |
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63 | | - | Speaker of the House President of the Senate |
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64 | | - | ____________________________ ____________________________ |
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65 | | - | Chief Clerk of the House Secretary of the Senate |
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66 | | - | This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative |
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67 | | - | Assembly of North Dakota and is known on the records of that body as House Bill No. 1093 and that |
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68 | | - | two-thirds of the members-elect of the House of Representatives voted in favor of said law. |
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69 | | - | Vote: Yeas 91 Nays 0 Absent 3 |
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70 | | - | ____________________________ ____________________________ |
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71 | | - | Speaker of the House Chief Clerk of the House |
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72 | | - | This certifies that two-thirds of the members-elect of the Senate voted in favor of said law. |
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73 | | - | Vote: Yeas 45 Nays 0 Absent 2 |
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74 | | - | ____________________________ ____________________________ |
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75 | | - | President of the Senate Secretary of the Senate |
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76 | | - | Received by the Governor at ________M. on _____________________________________, 2025. |
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77 | | - | Approved at ________M. on __________________________________________________, 2025. |
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78 | | - | ____________________________ |
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79 | | - | Governor |
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80 | | - | Filed in this office this ___________day of _______________________________________, 2025, |
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81 | | - | at ________ o’clock ________M. |
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82 | | - | ____________________________ |
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83 | | - | Secretary of State |
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| 125 | + | commercial learner's permit unless the individual complies with title 49, Code of |
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| 126 | + | Federal Regulations, part 380, subpart F. |
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| 127 | + | SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. |
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| 128 | + | Page No. 3 25.0407.01000 |
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