North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1093 Compare Versions

OldNewDifferences
1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1093
4-(Representatives K. Anderson, Beltz, Brandenburg, Hagert, Headland, Nehring, Schreiber-Beck)
5-(Senators Clemens, Conley, Lemm, Luick, Thomas)
6-AN ACT to amend and reenact section 39-06.2-06 of the North Dakota Century Code, relating to
7-commercial driver's licenses; and to declare an emergency.
1+25.0407.01000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives K. Anderson, Beltz, Brandenburg, Hagert, Headland, Nehring, Schreiber-
7+Beck
8+Senators Clemens, Conley, Lemm, Luick, Thomas
9+A BILL for an Act to amend and reenact section 39-06.2-06 of the North Dakota Century Code,
10+relating to commercial driver's licenses; and to declare an emergency.
811 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 39-06.2-06 of the North Dakota Century Code is amended and
10-reenacted as follows:
12+SECTION 1. AMENDMENT. Section 39-06.2-06 of the North Dakota Century Code is
13+amended and reenacted as follows:
1114 39-06.2-06. Commercial driver's license required.
12-1.Except when driving under a commercial learner's permit and accompanied by the holder of a
13-commercial driver's license valid for the vehicle being driven, an individual may not drive a
14-commercial motor vehicle on the highways of this state unless the individual holds and is in
15-immediate possession of a commercial driver's license with applicable endorsements valid for
16-the vehicle the individual is driving. This subsection does not apply when the vehicle being
17-driven:
18-a.When the vehicle being driven isIs a house car or a vehicle towing a travel trailer being
19-used solely for personal rather than commercial purposes.
15+1.Except when driving under a commercial learner's permit and accompanied by the
16+holder of a commercial driver's license valid for the vehicle being driven, an individual
17+may not drive a commercial motor vehicle on the highways of this state unless the
18+individual holds and is in immediate possession of a commercial driver's license with
19+applicable endorsements valid for the vehicle the individual is driving. This subsection
20+does not apply when the vehicle being driven:
21+a.When the vehicle being driven isIs a house car or a vehicle towing a travel trailer
22+being used solely for personal rather than commercial purposes.
2023 b.When the vehicle being driven constitutesConstitutes emergency or firefighting
2124 equipment necessary to the preservation of life or property.
2225 c.When the vehicle isIs being driven for military purposes, subject to any limitations
2326 imposed by title 49 CFR,Code of Federal Regulations, part 383.3(c).
24-d.When the vehicle being driven isIs a covered farm vehicle as defined in this chapter.
25-2.No personAn individual may not drive a commercial motor vehicle on the highways of this
26-state while the person'sindividual's driving privilege is suspended, revoked, or canceled, while
27-subject to a disqualification.
28-3.The provisions of this chapter are waived, asdo not apply to farm-to-market operations by
29-farmers, but limitedonly with respect to those operators of a farm vehicle that is:
27+d.When the vehicle being driven isIs a covered farm vehicle as defined in this
28+chapter.
29+2.No personAn individual may not drive a commercial motor vehicle on the highways of
30+this state while the person'sindividual's driving privilege is suspended, revoked, or
31+canceled, while subject to a disqualification.
32+Page No. 1 25.0407.01000
33+ HOUSE BILL NO. 1093
34+
35+1
36+2
37+3
38+4
39+5
40+6
41+7
42+8
43+9
44+10
45+11
46+12
47+13
48+14
49+15
50+16
51+17
52+18
53+19
54+20
55+21
56+22
57+23 Sixty-ninth
58+Legislative Assembly
59+3.The provisions of this chapter are waived, asdo not apply to farm-to-market operations
60+by farmers, but limitedonly with respect to those operators of a farm vehicle that is:
3061 a.Controlled and operated by a farmer.
31-b.Used to transport either agricultural products, including trees,; farm machines,; or farm
32-supplies, or both, to or from a farm.
62+b.Used to transport either agricultural products, including trees,; farm machines,; or
63+farm supplies, or both, to or from a farm.
3364 c.Not used in the operations of a common or contract carrier.
34-d.Used within one hundred fifty miles [241.40 kilometers] of the person'sindividual's farm.
35-4.The provisions of this chapter are waived asdo not apply to an individual employed by and
36-operating a vehicle at the request of and within a political subdivision, with a population of less
37-than three thousand, during an emergency declared by that political subdivision for the
38-removal of snow and ice. This waiver only applies when the regularly employed driver is
39-unavailable or the employing political subdivision determines that additional assistance is
40-required. H. B. NO. 1093 - PAGE 2
41-5.Pursuant to the limitations imposed by title 49 CFR, Code of Federal Regulations, part 383.3,
42-the required knowledge and skills tests may be waived and a restricted commercial driver's
43-license issued for a single period of one hundred eightytwo hundred ten days or two periods of
44-ninetyone hundred five days within a twelve-month periodcalendar year to employees of
45-agrichemical businesses, custom harvesters, farm retail outlets and suppliers, including
46-retailers and suppliers of trees, and livestock feeders.
47-6.Pursuant to the limitations imposed by title 49, Code of Federal Regulations, part 383.3, the
48-holder of a class A commercial driver's license is exempt from the hazardous materials
49-endorsement, if the licenseholder is:
65+d.Used within one hundred fifty miles [241.40 kilometers] of the person'sindividual's
66+farm.
67+4.The provisions of this chapter are waived asdo not apply to an individual employed by
68+and operating a vehicle at the request of and within a political subdivision, with a
69+population of less than three thousand, during an emergency declared by that political
70+subdivision for the removal of snow and ice. This waiver only applies when the
71+regularly employed driver is unavailable or the employing political subdivision
72+determines that additional assistance is required.
73+5.Pursuant to the limitations imposed by title 49 CFR, Code of Federal Regulations, part
74+383.3, the required knowledge and skills tests may be waived and a restricted
75+commercial driver's license issued for a single period of one hundred eightytwo
76+hundred ten days or two periods of ninetyone hundred five days within a twelve-month
77+periodcalendar year to employees of agrichemical businesses, custom harvesters,
78+farm retail outlets and suppliers, including retailers and suppliers of trees, and
79+livestock feeders.
80+6.Pursuant to the limitations imposed by title 49, Code of Federal Regulations, part
81+383.3, the holder of a class A commercial driver's license is exempt from the
82+hazardous materials endorsement, if the licenseholder is:
5083 a.Acting within the scope of the licenseholder's employment, and within the state of
51-domicile, or another state with a hazardous materials enforcement exemption, as an
52-employee of a custom harvester operation, agrichemical business, farm retail outlet and
53-supplier, or livestock feeder; and
54-b.Operating a service vehicle that is transporting diesel in a quantity of one thousand
55-gallons [3785 liters] or less which is clearly marked with "flammable" or "combustible"
56-placard, as appropriate.
84+domicile, or another state with a hazardous materials enforcement exemption, as
85+an employee of a custom harvester operation, agrichemical business, farm retail
86+outlet and supplier, or livestock feeder; and
87+b.Operating a service vehicle that is transporting diesel in a quantity of one
88+thousand gallons [3785 liters] or less which is clearly marked with "flammable" or
89+"combustible" placard, as appropriate.
90+Page No. 2 25.0407.01000
91+1
92+2
93+3
94+4
95+5
96+6
97+7
98+8
99+9
100+10
101+11
102+12
103+13
104+14
105+15
106+16
107+17
108+18
109+19
110+20
111+21
112+22
113+23
114+24
115+25
116+26
117+27
118+28
119+29
120+30
121+31 Sixty-ninth
122+Legislative Assembly
57123 7.In accordance with title 49, Code of Federal Regulations, part 384, section 230, the
58124 department may not issue a commercial driver's license to an individual who obtains a
59-commercial learner's permit unless the individual complies with title 49, Code of Federal
60-Regulations, part 380, subpart F.
61-SECTION 2. EMERGENCY. This Act is declared to be an emergency measure. H. B. NO. 1093 - PAGE 3
62-____________________________ ____________________________
63-Speaker of the House President of the Senate
64-____________________________ ____________________________
65-Chief Clerk of the House Secretary of the Senate
66-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
67-Assembly of North Dakota and is known on the records of that body as House Bill No. 1093 and that
68-two-thirds of the members-elect of the House of Representatives voted in favor of said law.
69-Vote: Yeas 91 Nays 0 Absent 3
70-____________________________ ____________________________
71-Speaker of the House Chief Clerk of the House
72-This certifies that two-thirds of the members-elect of the Senate voted in favor of said law.
73-Vote: Yeas 45 Nays 0 Absent 2
74-____________________________ ____________________________
75-President of the Senate Secretary of the Senate
76-Received by the Governor at ________M. on _____________________________________, 2025.
77-Approved at ________M. on __________________________________________________, 2025.
78-____________________________
79-Governor
80-Filed in this office this ___________day of _______________________________________, 2025,
81-at ________ o’clock ________M.
82-____________________________
83-Secretary of State
125+commercial learner's permit unless the individual complies with title 49, Code of
126+Federal Regulations, part 380, subpart F.
127+SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
128+Page No. 3 25.0407.01000
129+1
130+2
131+3
132+4
133+5