North Dakota Code 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:
Terms Used In North Dakota Code 39-06.2-06
- Contract: A legal written agreement that becomes binding when signed.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. When the vehicle being driven is 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 constitutes emergency or firefighting equipment necessary to the preservation of life or property.
c. When the vehicle is being driven for military purposes, subject to any limitations imposed by 49 C.F.R. part 383.3(c).
d. When the vehicle being driven is a covered farm vehicle as defined in this chapter.
2. No person may drive a commercial motor vehicle on the highways of this state while the person’s driving privilege is suspended, revoked, or canceled, while subject to a disqualification.
3. The provisions of this chapter are waived, as to farm-to-market operations by farmers, but limited 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, 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’s farm.
4. The provisions of this chapter are waived as 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 49 C.F.R. 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 eighty days or two periods of ninety days within a twelve-month period 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 of the 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.
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.