21.8089.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2097
of North Dakota
Introduced by
Transportation Committee
(At the request of the Highway Patrol)
1 A BILL for an Act to create and enact a new subsection to section 39-06.2-07 of the North
2 Dakota Century Code, relating to statutory fees and moving violations; to amend and reenact
3 subsection 78 of section 39-01-01, subsection 6 of section 39-06.1-06, and sections 39-06.1-09,
4 39-12-22, and 39-32-02 of the North Dakota Century Code, relating to statutory fees and
5 moving violations; to repeal sections 8-02-08, 39-06.2-17, 39-12-24, and 39-12-25 of the North
6 Dakota Century Code, relating to transportation standards, exemptions, citations, excess size
7 and weight restrictions, and funding for an electronic permit system; and to provide a penalty.
8 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9 SECTION 1. AMENDMENT. Subsection 78 of section 39-01-01 of the North Dakota
10 Century Code is amended and reenacted as follows:
11 78. "Schoolbus" means a commercial motor vehicle designed or used to transportcarry
12 more than ten passengers in addition to the driver, and is used for the purpose of
13 transporting preprimary, primary, or secondary school students from home to school,
14 from school to home, or to and from school-related events. For the purposes of
15 chapter 39-21, "schoolbus" means any motor vehicle that is owned or leased by a
16 public or governmental agency and used to transport preprimary, primary, or
17 secondary school students to or from school or to or from school-related events, or is
18 privately owned and operated for compensation to transport preprimary, primary, or
19 secondary school students to or from school or to or from school-related events.
20 Schoolbus does not include a bus used as a common carrier.
21 SECTION 2. AMENDMENT. Subsection 6 of section 39-06.1-06 of the North Dakota
22 Century Code is amended and reenacted as follows:
23 6. For a violation of section 39-06.2-10.9 or subsection 3 of section 39-21-46, a fee
24 established as follows:
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1 a. Driving more than eleven hours since the last ten hours off duty, driving after
2 fourteen hours on duty since the last ten hours off duty, driving after sixty hours
3 on duty in seven days or seventy hours in eight days, no record of duty status or
4 log book in possession, failing to retain previous seven-day record of duty status
5 or log book, or operating a vehicle with four to six out-of-service defects, one
6 hundred dollars;
7 b. False record of duty status or log book or operating a vehicle with seven to nine
8 out-of-service defects, two hundred fifty dollars;
9 c. Operating a vehicle after driver placed out of service, operating a vehicle with ten
10 or more out-of-service defects, or operating a vehicle that has been placed out of
11 service prior to its repair, five hundred dollars; and
12 d. All other violations of motor carrier safety rules adopted under subsection 3 of
13 section 39-21-46, fifty dollars.
14 SECTION 3. AMENDMENT. Section 39-06.1-09 of the North Dakota Century Code is
15 amended and reenacted as follows:
16 39-06.1-09. Moving violation defined.
17 For the purposes of sections 39-06.1-06 and 39-06.1-13, a "moving violation" means a
18 violation of section 39-04-22, subsection 1 of section 39-04-37, section 39-04-55, 39-06-01,
19 39-06-14, 39-06-14.1, 39-06-16, section 4 of this Act, 39-08-20, 39-08-23, 39-08-24, 39-08-25,
20 39-09-01, 39-09-01.1, 39-09-04.1, or 39-09-09, subsection 1 of section 39-12-02, section
21 39-12-04, 39-12-05, 39-12-06, 39-12-09, 39-21-45.1, 39-24-02, or 39-24-09, except
22 subdivisions b and c of subsection 5 of section 39-24-09, or equivalent ordinances; or a
23 violation of the provisions of chapter 39-10, 39-10.2, or 39-21, or equivalent ordinances, except
24 subsection 5 of section 39-10-26, section 39-21-44, and subsections 2 and 3 of section
25 39-21-46, and those sections within those chapters which are specifically listed in subsection 1
26 of section 39-06.1-08.
27 SECTION 4. A new subsection to section 39-06.2-07 of the North Dakota Century Code is
28 created and enacted as follows:
29 A commercial learner's permitholder may not operate a commercial motor vehicle:
30 a. Transporting passengers requiring a passenger endorsement;
31 b. Transporting passengers requiring a schoolbus endorsement;
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1 c. Requiring a tank vehicle endorsement unless the tank is empty and does not
2 contain residue of hazardous materials; or
3 d. Transporting hazardous materials, regardless of need for hazardous materials
4 endorsement.
5 SECTION 5. AMENDMENT. Section 39-12-22 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 39-12-22. Permissible loads - Exceptions.
8 When any motor truck, truck tractor, or trailer is operated upon the public highways of this
9 state carrying a load in excess of the maximum prescribed under the provisions of sections
10 39-12-03 and 39-12-05 or other maximum weight limitations prescribed by law, the load must be
11 reduced or shifted to within such maximum limitations before being permitted to operate on any
12 public highway of this state; provided, however, that any such vehicle carrying a load of
13 livestock is exempt from the limitations prescribed in section 39-12-0539-12-05.3, relating to the
14 carrying capacity of any wheel, tire, axle, or group of axles when excessive weight is caused by
15 a shifting of the weight of the livestock. All material unloaded as required by this section must be
16 cared for by the owner or operator of such vehicle at the risk of such owner or operator.
17 SECTION 6. AMENDMENT. Section 39-32-02 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 39-32-02. Intrastate exemptions from hours of service regulations.
20 1. The following intrastate drivers are not subject to hours of service regulations:
21 a. A driver of an authorized emergency vehicle;
22 b. A driver who operates a motor vehicle in intrastate commerce if the gross vehicle
23 weight, gross vehicle weight rating, gross combination weight, and gross
24 combination weight rating are less than twenty-six thousand one pounds
25 [11797.18 kilograms] unless the vehicle is used to transport hazardous materials
26 requiring a placard, the vehicle is designed to transport more than eight
27 passengers, including the driver, for compensation, or unless the vehicle is
28 designed or used to transport sixteen or more people, including the driver not for
29 compensation; or
30 c. A driver of a tow truck operating at the request of a law enforcement officer.
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1 2. Except for a driver included in subsection 1, a motor carrier may not permit or require
2 any intrastate driver to drive and an intrastate driver may not drive:
3 a. More than twelve cumulative hours following ten consecutive hours off duty;
4 b. For any period after the end of the sixteenth hour after coming on duty following
5 ten consecutive hours off duty; or
6 c. After having been on duty for seventy hours in any period of seven consecutive
7 days.
8 3. Hours of service limitations do not apply to an intrastate driver operating a commercial
9 vehicle to provide emergency relief during an emergency declared by the governor.
10 Under this subsection, an emergency is the result of any natural activities, including a
11 tornado, windstorm, thunderstorm, snowstorm, ice storm, blizzard, drought, mudslide,
12 flood, high water, earthquake, forest fire, explosion, blackout, or other occurrence,
13 natural or manmade, which interrupts delivery of essential services, such as electricity,
14 medical care, sewer, water, telecommunications transmissions, or essential supplies,
15 such as food and fuels, or otherwise threatens human life or public welfare.
16 4. Hours of service limitations do not apply to an intrastate driver transporting agricultural
17 commodities or farm supplies, including farm equipment or machinery, for agricultural
18 purposes in this state during planting and harvesting seasons from January first
19 through December thirty-first, if the transportation is limited to an area within a one
20 hundred fifty air-mile radius from the source of the commodities or the distribution
21 point for the farm supplies.
22 5. An intrastate driver is exempt from maintaining a record of duty status if:
23 a. The driver operates within a one hundred fifty air-mile radius from the driver's
24 normal work-reporting location or from the official worksite of the vehicle;
25 b. At least ten consecutive hours off duty separate each twelve hours on duty;
26 c. The driver, except for a driver salesperson, returns to the work-reporting location
27 and is released from work within twelve consecutive hours; and
28 d. The motor carrier maintains and retains for a period of six months accurate time
29 records showing the time the driver reports for duty and is released from duty
30 each day.
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Legislative Assembly
1 SECTION 7. REPEAL. Sections 8-02-08, 39-06.2-17, 39-12-24, and 39-12-25 of the North
2 Dakota Century Code are repealed.
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Statutes affected: INTRODUCED: 39-01-01, 39-06.1-06, 39-06.1-09, 39-12-22, 39-32-02
Enrollment: 39-01-01, 39-06.1-06, 39-06.1-09, 39-12-22, 39-32-02
PREFILED: 39-01-01, 39-06.1-06, 39-06.1-09, 39-12-22, 39-32-02