Frequently Asked Questions
Other
You can request Open Records files from the NDHP by sending a request to NDHPRecordRequest@nd.gov.
The North Dakota DOT travel map is the most timely way to find accurate information on road closures. Whether a winter blizzard, spring flooding, crash, or construction, always check the ND Travel Map before you go! Here is the link: https://travel.dot.nd.gov/
Applicants for NDHP Trooper positions do not need a 4-year degree. The minimum qualifications to be considered for a Trooper position are an associate degree OR 60 semester credit hours OR comparable law enforcement or military experience. Troopers must be a U. S. citizen for at least 2 years; be 21 years of age; have correctable vision to 20/30; and possess a valid driver license. Learn more on the NDHP careers page: https://www.nd.gov/ndhp/careers.
Currently licensed law enforcement officers are encouraged to apply with the North Dakota Highway Patrol. Current licensed officer candidates can opt for an accelerated training academy based on training and experience. Current licensed officers can receive an additional $2500 sign-on bonus AND the $2500 bonus that is available at the end of an officer's one-year probationary period. Contact the NDHP recruiter to learn more.
The annual starting salary for an NDHP Trooper is $73,332-$82,272 depending on experience.
Criminal background checks are available from ND Bureau of Criminal Investigation, click to contact NDBCI.
A complaint about an employee may be filed in person, via telephone, in writing, or by email. A person filing a complaint should be willing to identify themselves and give specific information relating to the complaint. Anonymous complaints will be handled in the same manner unless there is no supporting information, evidence, or witnesses for corroborative purposes.
All employees will courteously and promptly accept and record in writing any complaint. Employees may attempt to resolve the complaint, but will not attempt to dissuade a person from lodging a complaint. Employees will immediately document all required information and notify a supervisor of the complaint.
NDHP Troopers will speak at community events, civic group meetings and schools. Click here to request a safety talk by completing and submitting the online form. NDHP will contact you to confirm the request and determine arrangements.
Click to view the most up to date information on NDDOT's Travel Information Map.
Current road conditions, construction reports, and seasonal load restrictions can also be accessed by dialing 511. 511 is a free service.
If you didn't find an answer to your question in the FAQ section, complete this form and NDHP Officer will contact you via email or phone call.
If this is an emergency, call 911. For non-emergencies during regular business hours, call 701-328-2447 or ND State Radio's non-emergency number, 701-328-9921.
Traffic Citations/Warnings
According to the NDCC:39-21-41.4 (click to view), which covers the use of safety belts, the driver of the vehicle with unbelted passengers will be cited. Each occupant must be wearing a properly adjusted and fastened seat belt. The citation is $20 and no points.
- If a driver (operator) accumulates 12 or more points against their driving record, driving privileges will be suspended for seven days for every point over 11. Once the points have been reduced to 11, one point will be reduced for every three-month period during which no points are recorded against the operator’s driving record.
- Operators may elect to attend an approved defensive driving course which will reduce three points from their driving record. This three-point reduction can only be used once every 12-month period. Proof of course completion must be mailed to the NDDOT’s Drivers License Division.
- Operators issued a citation with a penalty of five points or less may elect to attend an approved defensive driving course in lieu of entry of points on their driving record. The operator must notify the court at the time bond is posted and provide proof of course completion to NDDOT within 30 days.
- A list of approved courses can be found on the NDHP Safety and Education page, click here for the page.
North Dakota is a member of the Non-Resident Violator Compact and therefore does share citation information with other states. If you are a driver from from one of the 45 states participating states and receive a citation, North Dakota will notify your home state of the traffic citation.
The speed limit in North Dakota is 55 mph on gravel, loose dirt, or on loose surface highways and on paved two-lane county and township highways, unless a speed limit posted.
The speed limit is 65 mph on two-lane highways, if posted for that speed.
The speed limit is 70 mph on paved four-lane divided highways.
The speed limit is 75 mph on I-94 and I-29 outside of city limits.
The North Dakota Highway Patrol can measure speed with multiple equipment options, to include:
- Radar - doppler radar with moving and stationary capabilities mounted inside a patrol vehicle
- LIDAR - a handheld laser speed measuring device used from a stationary position
- Aircraft - speed is calculated using a time and distance formula
- Pacing - certified, calibrated speedometers placed in a patrol vehicle that is used to match the speed of a vehicle
The NDHP enforces speed limits for the safety of the motoring public as well as pedestrians that may be along the roadway. Enforcing speed limits reduces the number of crashes as well as the severity of crashes.
According to the NDDOT 2023 Crash Summary; 33% of fatal crashes in North Dakota in 2023 were speed-related.
NDHP Troopers focus on multiple types of offenses, including serious crime. Through enforcement efforts such as traffic offenses, serious crimes such as the transportation of illegal drugs, human trafficking, outstanding warrants and other crimes may be discovered.
The purpose of traffic enforcement is to provide for the safety of the motoring public and to prevent crashes that result in injuries or fatalities. Although fees and points are associated with specific offenses, the primary goal of traffic enforcement is to encourage safe driving practices.
As directed by North Dakota’s Constitution, Article IX, Section 2, “the net proceeds of all fines for violations of state laws… must be faithfully used and applied each year for the benefit of the common schools of the state…” Therefore, all state traffic fines directly benefit schools in North Dakota.
Driving records are considered to be open records and therefore can be available to the public.
The North Dakota point system means that certain traffic violations are assigned a specified number of points based on the seriousness of the offense. When a driver accumulates 12 or more points against their driving record, driving privilege is suspended. If the driver is younger then 18 and accumulates 6 or more points, the driving privilege is cancelled.
A written warning is given a driver to make them aware that a violation has occurred. The officer may provide instruction regarding the warning. For example, if the warning is for an equipment violation such as a headlight being out, the individual should get the light changed in the specified amount of time. A warning does not require the offender to send anything back, unless specifically instructed to do so.
A motorist can be stopped for speeding at any speed over the posted speed limit in normal driving conditions. In inclement weather, NDHP may enforce lower speeds than the posted limit to assure safety for all roadway users.
If you receive a traffic citation, you can pay for the citation via mail or online through the N.D. State Court's website.
To pay online using a credit card, click here to complete the transaction.
If you want to pay via mail, return the payment (bond) within 14 days and send it to the address indicated on the citation. The address will be the Clerk of District Court for the county in which you were stopped, click to find the county's mailing address.
Do not sign the citation if you DO NOT want to contest the citation.
If you want to contest the citation, you must still pay bond, sign the citation, and send it in. The court where your case will be heard, will send a notice of the date and time of the hearing to the address listed on the citation. If the court determines you are not guilty, you will be reimbursed for the bond amount paid.
Equipment
Implements of Husbandry (farm equipment) can travel on any state highway, county road, and Interstate (I-29, I-94). Interstate travel is only allowed from sunrise to sunset as noted in century code: NDCC 39-12-04.
North Dakota does not have minimum speed limits in place, so any moving equipment does not have to maintain a minimum speed on the roadway, however if the vehicle is traveling under 25 MHP, the vehicle must display a 'Slow Moving' placard or use flashing amber lights.
Travelers Tip: When traveling near large, slow-moving equipment--Slow Down; Be Patient; Be Cautious; and only pass when it is safe to do so.
Farm equipment (described in ND Century Code as implements of husbandry) can legally be passed on most roadways in the state. Other motorists can pass Farm Equipment when legal (watch for those striped, yellow lines down the center of the paved highways and NEVER pass on a hill) and safe to do so.
When approaching slow moving heavy equipment:
- Stay a safe distance behind the operator so he/she can see you in their side and/ or rearview mirrors
- SLOW DOWN-you will approach these vehicles much faster than you anticipate
- Be patient and use extreme caution when passing to make sure you have enough time to safely pass and avoid any oncoming traffic
- Be aware of roadway debris (the farmer may have just been in a muddy field) that may make the roadway slippery
Anhydrous ammonia is one of the most common sources of nitrogen fertilizer and is widely used for agriculture in ND. It is classified as a hazardous material when it is transported. It is common to see these white tanks being pulled on roadways during spring planting and following fall harvest.
The rules for transporting anhydrous include:
- up to two nurse tanks can be hauled by a single vehicle
- overall length cannot exceed 75 feet.
- the maximum speed limit for transporting anhydrous is 25 MPH (it is a $250 fine for transporting it over that speed)
- tanks must be identified on the front, rear, and both sides with the words 'Anhydrous Ammonia' and 'Inhalation Hazard'
- tanks must be identified on the rear and both sides with the words 'Non-Flammable Gas' and the number '1005'
- haulers are required to have a Slow Moving sign or use flashing amber lights while in transport
- travel only between sunrise and sunset, unless transporting a single tank and equipped with taillights, turn signals, and brake lights
Steering wheel knobs are NOT illegal in North Dakota and may be installed as long as the modification does not affect safe operation of the vehicle or any safety features. Steering wheel knobs may be prescribed to people with applicable disabilities to assist them with driving. Read about equipment regulations in ND Century Code 39-21.
North Dakota seat belt law states that all occupants must wear a properly adjusted and fastened seatbelt (primary enforcement).
Requirements under North Dakota's Child Passenger Safety Law are:
- Children under 8 years of age must be properly secured in a child restraint (car seat or booster seat). A seat belt may be substituted for children younger than 8 years of age who are at least 57 inches tall (4' 9").
- Children ages 8 through 17 must be properly secured in a seat belt or child restraint.
- Child restraints and seat belts must be used correctly following all manufacturer instructions.
- The penalty for violation of the law is a $25 fine and one point against the license of the driver.
There are a few exceptions for the seat belt requirement in the state of North Dakota:
- in vehicles not originally manufactured with seat belts (prior to January 1, 1965)
- drivers of implements of husbandry or farm vehicles
- rural mail carriers, while on duty
- occupants with a medical or physical disability who possess a signed statement from a qualified physician
- If 18 or older and all seat restraints are in use by other occupants
A driver can be stopped and cited if anyone in the vehicle (including the driver) is not properly restrained.
Prepare and plan for winter travel, click on these resources for information on winter driving topics:
A vehicle's speed and accuracy of the speedometer can be made by measuring the time it takes to travel one mile. The best way to conduct the test is to set cruise at one speed and measure the time it takes to travel between two green mile markers on Interstate or other US/state highway.
Using the seconds on the left on the chart below, the corresponding mph is listed in the right column.
| Seconds | Miles Per Hour |
|---|---|
| 45.5 | 79 |
| 46 | 78 |
| 46.7 | 77 |
| 47 | 76 |
| 48 | 75 |
| 48.5 | 74 |
| 49 | 73 |
| 50 | 72 |
| 50.5 | 71 |
| 51.5 | 70 |
| 52 | 69 |
| 53 | 68 |
| 53.5 | 67 |
| 54.4 | 66 |
| 55 | 65 |
| 56 | 64 |
| 57 | 63 |
| 58 | 62 |
| 59 | 61 |
| 60 | 60 |
| 61 | 59 |
| 62 | 58 |
| 63 | 57 |
| 64 | 56 |
| 65.5 | 55 |
| 66.5 | 54 |
| 68 | 63 |
| 69 | 52 |
(Revised 07-2003)
Headlights are required from sunset to sunrise and on farm vehicles operating on a highway from one half hour after sunset to one half hour before sunrise according to North Dakota Century Code 39-21-01.
Headlights are also required when it is raining, snowing, sleeting, is foggy, hailing or during other adverse driving or weather conditions that prevent a person from clearly discerning another vehicle at a distance of 1,000 feet.
The maximum bumper height = 27” (68.58 cm). To measure, use the ground surface to the highest point on the bottom of the bumper. A horizontal drop bumper may be used and must be at least three inches (7.62 cm) in vertical width; extend the entire horizontal body width; and be horizontal and load-bearing.
The maximum body height = 42” (106.68 cm). Body height measurement is made from a level ground surface to the floor of the cargo area.
For more information, click to reference NDCC 39-21-45.1.
All motor vehicles registered in North Dakota must have front and rear bumpers, click to review ND Century Code 39-21-45.1.
Studded tires are legal in North Dakota and are permitted between October 15 and April 15 each year. There is no mandatory chain law in North Dakota.
Crashes/Emergencies
In addition to being able to call 911 for emergency issues such as recent crashes, or an impaired or distracted driver, you can call the non-emergency dispatch number, 800-472-2121 (toll-free) or 701-328-9921 to report non-emergency issues such roadway debris. Take a minute and put the number in your phone so you have it when you need it.
If you see that another driver is being careless, reckless, or posing harm to other roadway users, call 911 immediately to report the driver. 911 dispatchers will contact the nearest law enforcement to respond, whether it is a Trooper, a deputy sheriff or a police officer.
If you get stranded on the road,
- If you are able to safely drive to the next exit or stopping point, do so.
- If not, pull as far over on the shoulder as safely possible to increase the distance between your car and those passing you.
- Turn on your hazard lights (flashers) to alert other drivers to move over and be aware you are there.
- Call 911 for assistance
- Remain with your vehicle, if it is safe to do so.
- If getting out of your vehicle, watch the oncoming traffic for a good time to exit, don't underestimate their speed. Remain alert and close to your vehicle and avoid turning your back to traffic whenever possible.
Crash reports are available from the NDDOT, not from the NDHP.
To get access to a crash report, use this form to complete an online request: https://ndcrash.primepublicsafety.com/ndcrash/ecommerce/ndcrash.jsp
Crash reports cost $7.
A state-reportable crash is one that involves an injury, a fatality, or at least $4,000 in total damage.
All drivers are encouraged to drive defensively and in a non-aggressive, courteous manner. In following these guidelines, drivers can avoid most conflicts associated with road rage. If you are in a situation in which another driver or passenger exhibits road rage, call 911 immediately to report the incident.
There is no specific law prohibiting road rage. However, road rage or other similar behavior exhibited by a driver could fall under a number of categories ranging from a traffic violation to a criminal offense. Applicable charges will depend upon the circumstances. If you are in a situation where another person is exhibiting extreme behavior, call 911 immediately.
If you are traveling and encounter a crash, there are a few critical responses.
First, make sure you protect yourself from other traffic or traffic hazards in the area that may have led to the crash. Do not obstruct traffic more than necessary.
Next, if the scene is safe, obtain as much information as possible and call 911. Be sure to provide the location of the crash and the number of vehicles and occupants involved.
If it is safe to do so, render any kind of aid to the injured.
Remain on the scene until help arrives. Remember that you can be a great asset to an investigating officer to inform the officer of any information you have about the crash.
If a motorist strikes an unattended vehicle, the motorist must immediately stop and provide the owner with the motorist's name, address, and insurance policy carrier. If the owner of the unattended vehicle cannot be located, then the driver must leave the information listed above and the circumstances of the crash in a conspicuous place on the vehicle. For more information, click to view ND Century Code 39-08-07
Any unpaid volunteer, who in good faith, renders emergency care or services at or near the scene of a crash, disaster, or other emergency, or via enroute to a treatment facility, is not liable to the recipient of the emergency care or services for any damages resulting from the rendering of that care or service.
This does not apply to willful misconduct or gross negligence on the part of any intoxicated person or other person rendering aid. View ND Century Code 39-08-04.1 for more information.
According to ND Century Code 39-08-09, if a crash results in property damage of $4,000 (combined or otherwise), notice must be given to the local police department, county sheriff, or ND Highway Patrol.
If a driver of any vehicle is involved in a crash that has damaged highway fixtures or other property, the driver shall take reasonable steps to locate and notify the owner or person in charge of the damaged property.
Drivers must provide name, address and the registration number of the vehicle involved. Click to view the applicable ND Century Code.
When an emergency vehicle displaying emergency lights is approaching, all drivers of every other vehicle shall yield the right of way by moving to the right-hand edge or curb that is not in an intersection and stop. Drivers must remain stopped until the emergency vehicle passes.
If an emergency vehicle is parked or stopped at the scene of an emergency and is displaying emergency red, white, or blue lights; all drivers must move to the right and stop. After completely stopping, drivers may proceed with caution unless otherwise directed.
If you encounter an emergency, traffic hazard, violation, or breakdown, dial 911 to report the incident. If it is not an emgency such as road debris that does not pose a risk to traffic, call State Radio, 701-328-9921.
If you are involved in a crash and it occured in a municipality, contact the local police department. If outside a municipality, contact the sheriff's office of the county where it occurred or contact the NDHP.
If a motorist hits a deer or other undomesticated animal, the motorist does not need to report the crash to law enforcement, if the crash results in property damage only, regardless of the amount of damage to the vehicle.
If someone is injured as a result of the crash, law enforcement must be contacted. If your vehicle is disabled, law enforcement can provide assistance. Call 911 or 701-328-9921.
In 2023, North Dakota enhanced roadside safety by expanding the Move Over Law which now includes moving over for any stopped motor vehicle with flashing hazard warning signals when stopped along the interstate system or on a multi-lane highway outside the limits of a city.
Drivers are required to move over to an adjacent lane and reduce their speed to a safe level before passing any vehicle with flashing hazards stopped on the side of the road. This includes any motor vehicle, emergency vehicle, and transportation department vehicle.
Learn more from the ND Vision Zero website. Read the applicable ND Century Code (39.10.26)
Off-Highway Vehicle (OHV)
ND Century Code 39-29-10 states that Off Highway Vehicle (OHV) drivers must be at least 12 years old and possess an OHV safety certificate to operate an off-highway vehicle. Any person under the age of 16 without a valid driver’s license, learner’s permit, or off-highway vehicle safety certificate may not operate an OHV except on the private lands of that person’s parent or guardian or as a participant in an organized sporting event that involves the use of OHVs.
A rider under 18 may not operate an OHV without wearing a helmet.
ATVs (All Terrain Vehicles) and UTVs (Utility Task Vehicles) are class types of OHVs.
Children under the age of 18 are required to wear a helmet while on an OHV. According to NDCC 39-29-09.9, an individual under the age of eighteen years may not operate, ride, or otherwise be propelled on an off-highway vehicle unless the person is wearing a safety helmet meeting US Department of Transportation (USDOT) standards.
Off-Highway Vehicle (OHV) information, including registration and insurance requirements, is available at:
An individual may operate a registered Off-Highway Vehicle (OHV) on a gravel, dirt, or loose surface roadway and on a paved highway designated and posted at a speed not exceeding 55 miles per hour.
A licensed driver over 16 years of age may operate a registered class III OHV on a paved highway designated and posted at a speed not exceeding 65 miles per hour, if the vehicle is equipped with a mirror, horn, speedometer, odometer, brake light, lighted headlamp, and 350 cc motor or greater. Review for ND Century Code 39-29-09.1
Class III Off-Highway Vehicles (OHV) must be equipped with one head lamp, one tail light, and brakes. A Class III OHV weighs less than 8,000 pounds, travels on four or more tires, has a seat and a wheel for steering control, and is designated for, or capable of, cross-country on or over land, water, sand, snow, ice, marsh, swampland, or other natural terrain.
Driver
All vehicles over 10,001 pound gross vehicle weight or more are subject to safety inspections at fixed or temporary roadside locations (NDCC 39-12-07) and must stop at these inspection sites. Random vehicle, hours of service, and driver’s license checks are conducted at these inspections.
Vehicles and/or operators with an out-of-service violation will be immediately placed out of service.
Drivers not possessing a valid permit or license are required to obtain those documents before being allowed to proceed.
Any driver of a vehicle who refuses to stop and submit the vehicle and load to a weighing when directed to do so is guilty of a class B misdemeanor. (NDCC 39-12-21)
ND's Tarping Law, covered in ND Century Code 39-21-44.1 states: "No vehicle may be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway".
NOTE: Damage caused from a vehicle's tire kicking up a rock is not reportable.
If a load is not properly secured, contact State Radio's non-emergency number 701-328-9921. If possible, provide information to include location, vehicle description, and license plate number.
The use of dyed diesel fuel is not allowed for on-road use in licensed vehicles in North Dakota according to the Office of the ND State Tax Commissioner. Under ND law, the injection of red dye into diesel fuel indicates the fuel has not been subject to an excise tax. Instead, dyed diesel fuel is subject to the special fuel excise tax of $.04 per gallon.
Dyed diesel fuel is used for off-road, non-licensed equipment for farming or construction and taxed at a different rate than other fuel.
When hauling anhydrous, there is a 25-mph restriction in place for all haulers regardless of the tires on the hauling unit since the tank does not meet the required specifications for higher speeds.
For the purposes of a New Entrant Safety Audit and/or a MCSAP Safety Investigation, the time periods required to keep records retained under Federal Motor Carrier Regulations are listed below.
- Accidents - must maintain an accident register for 3 years and all copies of crash reports/investigations for 3 years.
- DQ file - entire time the driver is employed and for 3 additional years. The annual DMV check, annual list of violations, annual review, and medical certification info must be maintained for 3 years from the date it was done.
- Logs and supporting documents - 6 months
- Vehicle Maintenance files - 1 year's info and retain for 6 months after vehicle leaves carrier's control
- Annual periodic inspections - 14 months
- Driver/Vehicle inspection report - 90 days, only required if defect is found by driver or somebody else that day.
- Drug and Alcohol Testing - this is testing done by the company
- Positive alcohol or drug tests, refusals, Driver evaluations and referrals, Calibration documentation, records related to the administering of tests, copy of annual summary - 5 years
- Records related to drug and alcohol collection process - 2 years
- Records of negative or cancelled tests -1 year
- Records of education and training (includes drivers, managers, everyone). Maintained entire time that person is involved with that activity and for 2 years after ceasing that duty - Indefinite
Time frames for the International Registration Plan (IRP), International Fuel Tax Agreement (IFTA) and the Internal Revenue Service (IRS) are different than those listed above. Contact the NDDOT Motor Carrier Services for specific questions on IRP and IFTA. Contact the Internal Revenue Service or the ND Tax Department for questions on income tax related record retention.
IRP: 3-year retention period, click to view the ND International Registration Plan(IRP) Manual.
IFTA: 4-year retention period, click to view the International Fuel Tax Agreement (IFTA) Instruction Manual.
A CDL is only required in North Dakota when operating (1) vehicles over 26,001 pounds, (2) vehicles that require placards, (3) vehicle designed to carry 16 or more occupants including the driver, or (4) vehicle combinations that have a combined gross weight (or gross weight rating) over 26,001 provided that the gross weight (or weight rating) of the vehicle being towed is in excess of 10,001 lbs.
In this case the combination is over 26,001 but the vehicle being towed does not exceed 10,001 lbs. Likewise, a 9,000lb GVW vehicle pulling a 13,000lb GVW trailer would not require a CDL since the combination weight of the two vehicles does not exceed 26,001lbs.
CMV drivers must comply with the 60/70-hour rule. On the days working in the shop, the company's time record should be kept on file for six months. Drivers should start a log page for all days that require logs.
If a company does not keep time records, drivers must have a record on your on-duty time for the last seven days at the carrier and start a log sheet for the day/s driving.
Fuel qualifies as a farm supply if (1) it is “for agricultural purposes,” e.g. used in tractors or other equipment that cultivate agricultural commodities or trucks that haul them, but not in automobiles, station wagons, SUVs or other vehicles designed primarily to carry passengers, or for residential heating or cooking; (2) it is transported within the planting and harvesting season and within a 100 air–mile radius of the distribution point for fuel; (3) the motor carrier is operating in interstate commerce; and (4) the entire fuel load on the vehicle is to be delivered to one or more farms.
A carrier may not use the exemption if any portion of the fuel load is to be delivered to a non-farm customer.
Once a CMV driver crossed the border into the United States, the driver must be in compliance with U.S. DOT's federal regulations.
Normally you are required to carry log pages of the previous seven consecutive days, and your record of duty status must be current to the time shown for the last change of duty status. However, you are not required to have log pages in your possession for days where you meet a qualification for exemption such as 100 air miles or agriculture (reference Part 395.8).
The ND Department of Transportation's Driver's License Division may have a requirement for a shoulder belt when taking an operator's test, but a CMV can be operated with just a lap belt if the vehicle was originally manufactured in that manner.
If traveling in interstate commerce, your self-certified status should be Category 1 (non-excepted interstate). A copy of your medical card should have been provided to your states driver’s license division. Medical status would then be available on the CDLIS (Commercial Driver's License Information System) record.
Medical certificates which are required for certain drivers must be obtained from a medical examiner who is listed on the National Registry of Certified Medical Examiners (click on the link to view the list).
A person meeting the definition of farm vehicle driver who operates a straight truck does not require a medical card. A person meeting the definition of a “covered farm vehicle” in intrastate commerce or within a 150 air mile radius in interstate commerce does not need a medical card. If the articulated farm vehicle does not meet the definition of a “covered farm vehicle” or is outside of the 150 air mile radius in interstate commerce, then a medical card is required.
Note: Custom harvest operations do not meet the farm vehicle driver definitions, but custom harvest vehicle drivers are exempt from the medical card requirements when transporting machinery, supplies, crops, etc. For additional information on medical cards, visit the USDOT website.
If employed by a farmer, you can operate under the farm exemption and do not need a CDL. However, if you are employed by a custom combiner, a CDL is required. A restricted CDL can be obtained based on custom combine work.
There is no knowledge test or skills test for a restricted CDL, but there are other limitations, view CFR 49.383.3 (F) for an outline of the limitations.
Drivers must have a CDL with endorsements to haul double trailers or triple trailers in North Dakota.
Federal regulations allow a farmer to operate within 150 miles of their farm without having a CDL and do not restrict the pulling of doubles/triple trailers; however, the regulations do require that the farmer operates within their state unless their state has a reciprocity agreement.
North Dakota and South Dakota have a reciprocity agreement in which North Dakota will recognize a South Dakota's farm vehicle operator; however, the SD operator has to abide by the same laws as North Dakota farmers. Therefore, a SD farm vehicle operator can haul doubles/triple trailers in SD; but they can’t haul in North Dakota without the proper endorsements as required in the state.
CDL and log book exemptions apply specifically to the farm where the driver is operating from and therefore does not cover multiple farms.
The 150-airmile exemption applies to farmers from adjoining states if there is a reciprocity agreement or the vehicle meets the definition of a "covered farm vehicle." North Dakota has reciprocity agreements for farm commercial driver license (CDL) exemptions with South Dakota, Minnesota, Montana, and Wyoming when within 150 air miles of the farm.
Federal Motor Carrier Safety Administration Part 390.5 defines a farmer as "any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which are owned by that person or are under the direct control of that person."
State law does not provide for a split sleeper berth option, other than the federally adopted 10-hour split sleeper berth option.
Canadian farmers need the following documentation and meet the following requirements to enter North Dakota:
- DOT registration and United Carrier Registration (UCR)
- Name and DOT number displayed on both sides of the truck
- Drug and alcohol testing when driving a semi tractor trailer, straight trucks or straight trucks pulling a pup
- A logbook is not required for a loaded truck hauling farm products within 150 miles of the origin (farm). An empty truck on return would be required to have a logbook
- Annual inspection of the vehicle
When entering North Dakota, Saskatchewan or Manitoba farmers hauling their own farm product on farm-registered license plates in an interstate operation are exempt from trip permits, but a fuel permit is required. A fuel permit is $15 and valid for 72 hours or when the vehicle leaves the state, whichever occurs first. Fuel permits may be purchased online.
Manitoba farmers hauling or gainfully employed within 20 miles of the North Dakota border are exempt from registration but would need a fuel permit.
Commercial motor vehicle (CMV) drivers are restricted from holding a mobile telephone to conduct voice communication and dialing a mobile telephone by pressing more than a single button. Hands-free use is allowed by either an earpiece or speakerphone.
The 2012 rule applies to drivers of all CMVs in interstate commerce (operating across state lines), drivers of CMVs over 26,000 pounds in intrastate commerce (operating within ND), and all drivers of CMVs transporting a quantity of hazardous material that requires placarding.
In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial truck or bus and PHMSA released a companion regulation in February 2011 banning texting by intrastate hazardous materials drivers.
Texting is prohibited for all drivers in North Dakota.
Research commissioned by the Federal Motor Carrier Safety Administration (FMCSA) shows that the odds of being involved in a safety-critical event such as a crash, near-crash, or unintentional lane deviation is six times greater for CMV drivers who engage in dialing a mobile telephone while driving.
View FMCSA's fact sheet referencing CMV cell phone regulations.
There are exemptions for intrastate vehicles/drivers, but the definition of an intrastate driver must be met to take advantage of these exemptions, click to view the applicable century code: NDCC 39-32-02, 39-06.2, and 39-06-14.
- Vehicles less than 26,000 pounds GVWR that are not carrying placarded amounts of HAZMAT nor designed to carry 15 or more passengers (including the driver) are exempt from all federal requirements.
- Following 10 hours off duty, a driver may drive 11 hours and be on duty for 16 hours, completing a standard log for the 16-hour day. The driver must return to the driver's normal work reporting location and be released from duty within 16 hours.
- A driver is exempt from maintaining a logbook if the operation is within 150 air miles of the normal work reporting location, returns to the same work reporting location each day, has at least 10 hours off duty separating each 14 hours on duty, AND the motor carrier maintains time records for a period of six months.
- A driver, at least 18 years of age, with a valid, proper class license may operate a commercial vehicle in intrastate commerce.
- Farm vehicle drivers operating, operating a “covered farm vehicle” are exempt from CDL requirements when operating intrastate within ND and within a 150-air mile radius of their farm when crossing state lines. Farm vehicle drivers not meeting the definition of a “covered farm vehicle” are exempt within 150 air mile radius of their farm when traveling intrastate. The drivers are exempt from CDL requirements, medical certificates, log books, and vehicle inspection records. NOTE: The CDL exemption does not allow the operation of double or triple trailers or the operation of truck/tractors by drivers under the age of 18.
- The transportation of hazardous materials, other than class 2, that are ag products transported by a farmer over local roads between fields of the same farm, not to town, are exempted from HAZMAT regulations. A farmer is exempt from training and emergency response information when transporting agricultural class 2 hazardous materials anywhere or any other hazardous materials when going to town within 150 miles of the farm as long as the quantity is less than 16,094 pounds for ammonium nitrate fertilizer, 502 gallons for liquids, or 5,070 pounds for all other hazardous materials.
An interstate driver is defined as originating in one state and ending in another state, including the return trip. This includes drivers who either start or finish a delivery that begins or ends in another state.
An intrastate driver is defined as one whose trip originates and ends in the same state, with no part of the movement (trip) extending into another state or country.
In order to drive a truck, you must have a Commercial Driver's License (CDL). A CDL is a specialized driver’s license proving knowledge of the vehicle's operation.
There are three types of CDLs available: CDL Class A, B, and C.
CDL Class A: This license allows operation of most types of trucks, single or combined with a gross vehicle weight rating (GVWR) of 26,001 pounds or more with a towing weight of 10,000 pounds or more. It includes all license classes.
CDL Class B: Operators are licensed for single or combined vehicles with a GVWR of 26,001, but towed loads must be under 10,000 pounds. Class B licensees can also operate class C vehicles.
CDL Class C: This license allows operation of a vehicle carrying a total of 16 passengers, including the driver, only if it is under 26,001 GVWR. It also allows carrying of hazardous material if it’s under the 26,001 threshold. Class A and B are not allowed.
Vehicle
USDOT numbers must be displayed on a vehicle that:
- Is used to transport the types and quantities of hazardous materials requiring a safety permit in intrastate commerce, click to view 49 CFR 385.403.
OR
- Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds or more; or
- Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
- Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation;
AND is involved in Interstate commerce:
Trade, traffic, or transportation in the United States—
- Between a place in a State and a place outside of such State (including a place outside of the United States);
- Between two places in a State through another State or a place outside of the United States; or
- Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.
Updated Approved Equipment Certificates as well as annual permits (seasonal, and approved equipment, etc.) must be purchased following expiration. Annual permits are valid for 365 days from the date of purchase.
Farm vehicles weighing over 26,000 pounds do quality for the non-CDL exemption since the operation of that vehicle does not require a CDL. However, the "covered farm vehicle" exemptions provide more flexibility; it is suggested to use those exemptions if you qualify.
Headache racks are not required on trucks. A headache rack is a steel, or sometimes aluminum, rack that is mounted on the bed rails just behind the cab of a pickup or truck. Front end structures are also not required by the federal requlations; however, if a front end structure is in place and is used as part of the cargo securement system, it must meet the standards in 49 CFR Part 393.112 (click to view)
In general, in the absence of a "headache rack" the first bale on the trailer requires two straps and each succeeding bale requires one strap. Detailed information for moving commodities is outlined in 49 CFR Part 393.100.
A covered farm vehicle by definition is (1)a straight truck or articulated vehicle that is registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle; Operated by the owner or operator of a farm or ranch, or an employee or family member of a an owner or operator of a farm or ranch; Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1)(i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord’s portion of the crops under that agreement. (2) Meeting the requirements of paragraphs (1)(i) through (iv) of this definition: (i) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of 26,000 pounds or less may utilize the exemptions in § 390.39 anywhere in the United States; or (ii) With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of more than 26,000 pounds may utilize the exemptions in § 390.39 anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.
All interstate travel moving loads require an interstate permit and all weights must be legal by axle and bridge.
A vehicle manufacturer plate shows the GVWR as manufactured. It is possible the axles on the vehicle were upgraded at some point after manufacture or some other change affecting the vehicle's GVWR occurred after manufacture, records should be available to show any enhancements.
If a piece of equipment has a plate with the weight or weight rating it can be used with the weight rating of the towing unit. The greater of the GCWR or the actual combined weight would be the value that would be used to determine applicability of the regulations.
The Federal Motor Carrier Safety Administration guidance states, "A company has a truck with a GVWR under 10,001 pounds towing a trailer with a GVWR under 10,001 pounds. However, the GVWR of the truck added to the GVWR of the trailer is greater than 10,001 pounds. Would the company operating this vehicle in interstate commerce have to comply with the FMCSRs?
Guidance: §390.5 of the FMCSRs includes in the definition of CMV a vehicle with a GVWR or GCWR of 10,001 or more pounds. The section further defines GCWR as the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. Therefore, if the GVWR of the truck added to the GVWR of the trailer exceeds 10,001 pounds, the driver and vehicle are subject to the FMCSRs.
The 26,000-pound exemption applies to either a single vehicle with a gross vehicle weight rating of 26,000 pounds or less or to a combined weight rating of 26,000 pounds or less.
There are no restrictions on distance traveled in a vehicle with farm plates; however, if traveling over 150 air miles in interstate commerce, compliance with Federal Motor Carrier regulations is required. Additionally, if traveling out of state, other states may require the payment of temporary registration fees.
The ND Department of Transportation has entered into reciprocity agreements which allow the NDHP to waive the 72-hour trip permits and other registration requirements as follows, these are sometimes referred to as 'free zones':
- Manitoba (MB) - Farm registered vehicles within 20 miles of the MB border hauling the owner's own goods, property, and supplies are exempt to include gainful employment and intrastate operation.
- Saskatchewan (SK) - All SK registered vehicles operating interstate within 20 miles of the SK border are exempt, but farm registered vehicles hauling their own goods are not restricted to the 20-mile free zone provided the movement is an interstate operation only.
- Minnesota (MN) - All MN registered vehicles within 20 miles of the MN border are exempt. Farm registered vehicles have an expanded free zone (for interstate and intrastate operations) when hauling their own products, supplies, or farm equipment. The expanded free zone is east of a line extending from state highway 256 to US highway 83 to state highway 1804. Full reciprocity for gainful employment is extended within the free zone but any vehicle remaining in the state more than 24 hours is subject to ND registration requirements.
- Montana (MT) - Farm registered vehicles operating interstate and hauling their own farm products, farm supplies, or farm equipment are exempt.
- South Dakota (SD) - All SD registered vehicles operating interstate within 20 miles of the SD border on the most reasonably direct route are exempt. Farm registered vehicles hauling their own farm products, farm supplies, or farm equipment in an intrastate operation are not limited to the most direct route. Full reciprocity for gainful employment is extended within the free zone but any vehicle remaining in the state more than 24 hours is subject to ND registration requirements.
An MCS 90 is an Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980.
While it may appear to be an insurance certificate, it is an endorsement that shows proof of required financial responsibility, and all vehicles operated by for-hire carriers must have an MCS 90. In the US, motor carriers domiciled in contiguous foreign countries (Canadian carriers) must have a legible copy, in English, on board the vehicle while US carriers must have the form at their principal place of business. Some Canadian carriers are leased onto and operating under the authority of a US carrier when operating in this country and therefore not need the form in the vehicle.
A US DOT number identifies carriers operating in interstate commerce while a Motor Carrier or MC number identifies a carrier who transports regulated commodities for hire in interstate commerce. Generally, items that have been changed from their natural state are regulated commodities requiring an MC number. The Federal Motor Carrier Safety Administration not the ND Highway Patrol, determines whether an MC number or US DOT number is required.
An FMCSA interpretation of 49 CFR Part 390.3 of the safety regulations states the following with regard to whether a US DOT number is needed for a truck trailer combination pulling a race car:
Does the exemption in §390.3(f)(3) for the ‘‘occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise’’ apply to persons who occasionally use CMVs to transport cars, boats, horses, etc., to races, tournaments, shows or similar events, even if prize money is offered at these events?
Guidance: The exemption would apply to this kind of transportation, provided: (1) The underlying activities are not undertaken for profit, i.e., (a) prize money is declared as ordinary income for tax purposes, and (b) the cost of the underlying activities is not deducted as a business expense for tax purposes; and, where relevant; (2) corporate sponsorship is not involved. Drivers must confer with their State of licensure to determine the licensing provisions to which they are subject.
An exception in 49 CFR Part 390.3(f)(3) of the federal regulations states a person may make an occasional trip to transport personal property neither for compensation nor in the furtherance of a commercial enterprise.
Farming is a commercial enterprise and trips in and out of state to purchase equipment; sell grain; or buy fertilizer would require US DOT registration. Likewise, travel out of state to purchase antique tractors for restoration and resale would require US DOT registration as would being hired by an acquaintance to travel out of state to pick up a purchase.
If you strictly travel within the state of North Dakota for commerce, a US DOT number is not required.
To obtain a US DOT number, click here to apply online from the Federal Motor Carrier Safety Administration. Contact the FMCSA's Bismarck office at 701-250-4346.
While there is no requirement to be licensed to performed truck inspections, you must be certified. Requirements can be found in 49 CFR Part 396.19. To be certified, you must complete a training program, have experience as a mechanic, or a federal or state inspector or similar experience. The inspector must also be familiar with Parts 393, 396, and Appendix G of the Code of Federal Regulations. Forms for conducting the inspections can be obtained through motor carrier associations or at truck stops. Click to contact the ND Motor Carrier Association.
A farm truck does not need annual DOT inspection as long as it meets the definition of a “covered farm vehicle."
The North Dakota Travel Information Map, maintained by NDDOT, shows current road conditions, load restrictions, work zones, mile marker information, camera feeds, and more! Click on the layers tab and slide the applicable button to the right to view the information. You can also dial 511 from any phone to receive updated road information.
Current load restriction information is available on the travel information map. General information on load restrictions can be found on NDDOT's website.
Sign up for load restriction updates delivered by e-mail.
Click here for temporary registrations for motor vehicles, an e-permits account is not required to complete a purchase. An e-permits account IS required for non-resident, custom combine crews that want to purchase temporary registrations for motor vehicles and trailers, click here to visit the NDHP e-permits website.
Oversize/overweight permits, as well as all permits in North Dakota, click here to purchase a permit.
Weapons
North Dakota Century Code 62.1-04-04 details requirements for producing a concealed weapons license and notification to law enforcement if you are stopped by an Officer and have a concealed weapon. Click to review the Century Code.
Concealed weapon information can be found on the ND Attorney General's website.
There is no federal regulation prohibiting the possession of a firearm in a Commercial Motor Vehicle (CMV). CMV drivers must abide by all state laws when carrying a weapon in a vehicle.
Convicted felons or disqualified individuals are not allowed to possess any firearm.
North Dakota Century Code 62.1-04-03.1 states North Dakota will honor a valid concealed carry license/permit (resident and non-resident) issued by a state that has agreed to recognize a North Dakota license, click to view states that have reciprocity with North Dakota.
A concealed weapon is defined as a firearm or dangerous weapon that is concealed if it is carried in such a manner as to not be discernible by the ordinary observation of a passerby. See ND Century Code 62.1-04-01 for more information.
Effective August 1, 2017, individuals may be issued a license by the ND Bureau of Criminal Investigation (BCI) to carry a concealed firearm. Applicants must meet age requirements, provide proof of residency, complete a testing procedure, pass a criminal background investigation, and not meet any of the disqualifiers noted in ND Century Code 62.1-04-03-C.
Effective August 1, 2017, Constitutional Carry allows concealed carry of a firearm by a North Dakota resident within the boundaries of North Dakota. A concealed weapon license to carry concealed outside ND is required when out of state. Reciprocity with other states applies only if the owner possess a valid concealed weapon license.
Some best practices for securely transporting a firearm include:
- Transport the firearm in a locked and closed trunk or luggage compartment.
- A handgun, carried by a person permitted by law to possess it, may be carried unloaded and in a secure wrapper from the place of purchase to the permitted person's home or place of business; or to a place of repair, or back from those locations.
- Rifles, shotguns, or a weapon that will expel a projectile by action of a spring, compressed air or compressed gas (i.e. BB gun, air rifle or C02 gun) should be unloaded while carried in a motor vehicle and be in plain view.
Driver’s License/Permits
For information on taking a knowledge test, making an appointment to take a driving exam, renew your drivers license, or other driver's licensing questions, click here.
Drivers can get accumulated points removed from their driving record in the following ways:
- If an operator accumulates 12 or more points, the operator's driving privilege will be suspended for 7 days for every point over 11. When the accumulated point total is brought down to 11, one point will be taken away every three months as long as no additional points are recorded against the operator’s driving record.
- An operator may elect to attend an approved defensive driving course which will reduce three points from the operator's driving record. This three-point reduction can only be used once every 12-month period. Proof of course completion must be mailed to the NDDOT’s Drivers License Division.
- If an operator is issued a citation with a penalty of five points or less, the operator may elect to attend an approved defensive driving course in lieu of entry of points on the operator’s driving record. The operator must notify the court at the time bond is posted and provide proof of course completion to NDDOT within 30 days. Click here to view a list of NDHP approved courses.
North Dakota's driver license classes are:
Non-commercial driver's license:
- Class D for vehicles with a gross vehicle weight rating (GVWR) of 26,000 lbs or less and trailers 10,000 lbs or less.
- Class M for motorcycles.
Commercial driver's license (CDL):
- Class A for vehicle combinations with a GVWR over 26,001 lbs. towing a trailer over 10,000 lbs.
- Class B for a single vehicle with a GVWR over 26,001 lbs., and any such vehicle towing a trailer 10,000 lbs. or less.
- Class C for a vehicle under 26,001 lbs. transporting placardable quantities of hazardous materials or carrying 16 or more passengers, including the driver.
A North Dakota driver's license expires at midnight on the date of birth of the applicant on the year listed on the license. Commercial licenses are valid for four years from the holder’s date of birth and the year listed on the license. Noncommercial licenses are valid for four or six years from the holder’s date of birth and the year listed on the license.
North Dakota driver licenses are available from the ND Department of Transportation. The NDDOT website has all the resources needed to take a permit test, study materials, and schedule a road test. Click on the resources below for applicable information:
- View a noncommercial driver license manual.
- Take a permit test online.
- Schedule a road test.
- Renew your license online (if applicable)
- Learn more from NDDOT Driver License Division.
Non-residents age 16 and over are not required to obtain a driver's license until 60 days after residence has been established in North Dakota. A person is considered a resident of North Dakota when they have lived in the state for 90 days, unless that person is a nonresident student, a tourist, or a member of the armed forces.
Driving records in North Dakota are considered open records and can be available to the public.
North Dakota has a point system in place which correlate points to different traffic violation codes. Traffic violations are assigned a certain number of points based on the seriousness of the offense. When an operator accumulates 12 or more points on their driving record, the operator's driving privilege will be suspended. If the operator is under 18 years of age and accumulates 6 or more points, their driving privilege is cancelled. Points are assigned by century code, click to view the Classification of Offenses card.
A nonresident, who is at least sixteen years of age and possesses a valid operator's license issued to that person in that person's home state or country, may operate a motor vehicle in North Dakota. However, an instruction permit does not meet this qualification.
ND Century Code 39-06-02 provides an exemption for nonresidents to drive a motor vehicle in North Dakota. The nonresident must be at least 16 years of age who possesses a valid operator's license from their home state or country.
Motorcycles/Mopeds
Required motorcycle equipment includes:
- Brakes
- Tires, wheels, rims
- Steering and suspension
- Frame and chasis
- Fuel system
- Muffler
- Mirror (at least one)
- Fenders (each wheel)
- Seat
- Chain guard
- Vehicle stand
- Horn
- Speedometer and odometer
- One headlamp (with high beam indicator)
- One taillamp
- One stop lamp
- Passenger seat, footrest, and highway bars, if applicable
A person who is at least fourteen years of age may obtain a motorized bicycle (Moped) operator's permit. To obtain this permit, the applicant must pay a fee of $10 and take a written examination. If the applicant passes the written examination and the examiner is satisfied that the applicant has adequate eyesight, the applicant may be issued a motorized bicycle operator's permit, even if the applicant does not have an operator's license.
A person who has an operator's license, a temporary permit, an instruction permit, or a motorcycle permit is not required to obtain a motorized bicycle operator's permit and may operate a motorized bicycle.
Fourteen is the minimum age to operate a motorcycle in North Dakota. Applicants who are 14 or 15 years of age may be issued a motorcycle learner's permit by successfully completing an approved motorcycle safety course. After two months with a learner's permit, operators under 16 may apply for a motorcycle license. Any person under 16 years of age, who holds a permit or license, is restricted to the operation of a motorcycle with an engine of 250 CCs or less.
A person under 18 years of age in North Dakota who operates or rides a motorcycle, must wear a helmet which complies with standards established by the U.S. DOT. If the operator of the motorcycle is required to wear a helmet, any passenger must also wear a helmet, regardless of the age of the passenger. Please see ND Century Code 39.10.2-06.
ND Century Code 39-27-10 states that each wheel on a motorcycle must have a fender or be covered by the body configuration. A fender must be securely mounted and of sufficient size and strength to minimize water or other road surface substances from coming in contact with the vehicle riders, or throwing the road substances unreasonably to the rear of the vehicle. The fender design must be effective in reducing side spray.
Motor Vehicles/Trailers
To find information about motor vehicle registrations, renewals, and other motor vehicle-related services, go to the NDDOT website, click here to get to their page.
There is an excise tax of 5 percent on new and used vehicles purchased from auto dealers and private owners. The tax is based on the full purchase price of the vehicle with credit for a trade-in, if applicable.
In North Dakota, a license plate light is required on the rear of a vehicle. A tail lamp or a separate lamp must illuminate the rear plate with a white light and render it clearly legible from a distance of fifty feet.
In North Dakota, it is required that every trailer must be equipped with safety chains or brakes when operated on a highway at a speed in excess of 25 mph.
A driver must be able to provide proof of insurance in written or digital format (take a photo and keep it on your phone). A driver who is unable to show proof of insurance will be issued a citation and proof of insurance must be provided to the applicable office of the court in order to dismiss the citation.
The registration issued for any vehicle must be in the driver’s vehicle or on an electronic device in the possession of the driver, this also includes registration for any towed units requiring registration in this state. This means you can have a photo of the registration on your phone, as long as the phone is with you while you're operating the vehicle.
Any person violating this section is assessed a fee of twenty dollars. A person cited for violation of this section may not be found to have committed the violation if the person, within fourteen days after being cited produces and displays to the office of the prosecutor where the matter is pending, a registration valid at the time the person was cited. A peace officer or highway patrol officer, upon citing a person for violating this section, shall inform the person that a violation will be considered as not having occurred if the person produces and displays a valid registration in the manner provided in this section.
Register your vehicle at the NDDOT office in Bismarck at the Capitol (east entrance, DOT building) or at any branch office, click to view locations.
Vehicles must be registered in North Dakota when residency is established or when employment is accepted, whichever occurs first.
A person is considered a resident of North Dakota after living in the state for 90 days, unless you are a nonresident student, a tourist, or a member of the armed forces. Full-time students and military personnel are exempt from registration, but current license plates from their home state must be displayed on their vehicle.
A trailer is required to have two tail lamps, two reflectors (one on each side), and one stoplight.
- A stoplight is not required if the towing vehicle’s stoplight is visible.
A clearance lamp, one on each side of the trailer (front and rear), is required if the trailer is over 80 inches (6' 8") in width.
The length of any vehicle combination, measured from the extreme front to the extreme rear of the entire combination, cannot exceed 75 feet.
A motor vehicle may pull two trailers. This would allow the towing of a boat trailer behind a gooseneck or bumper hitch camping trailer.
- If the first trailer is a gooseneck or 5th wheel connection, the first trailer must be equipped with brakes, and the second trailer must be equipped with safety chains.
- If the first trailer is a bumper hitch connection, the first trailer must be equipped with brakes and safety chains, and the second trailer must be equipped with safety chains at a minimum. If the gross weight of the second trailer exceeds 3,000 pounds, brakes are also required.
ND Century Code 39-04-11 requires each motor vehicle display two license plates. Both plates must be kept clear of mud, ice, or snow, and be clearly visible. All number plates, markers, or evidence of registration or licensing, with the exception of the current year, must be removed from the vehicle, there is a $20 fee for noncompliance.
It is legal to ride in a camping trailer if the camper is attached by a fifth-wheel hitch. It is illegal for passengers to ride in a camper connected with a bumper hitch.
The percentage of tint on vehicle windows allowed by law are as follows:
- Front windshield: at least 70% light transmittance (no more than 30% tint) below the AS-1 line or below the top 5 inches of the windshield.
- Other windows: at least 50% light transmittance (no more than 50% tint)
- When calculating total tint, the factory tinting on windows must be included. For example, a 50% tint added to a window with a 30% factory tint would exceed the allowed limit.
- Windows behind the operator: may be tinted with zero light transmittance as long as the motor vehicle is equipped with outside mirrors on both sides.
Hazmat
A DOT 306 cargo tank can be used to transport PG 2 or PG 3 crude oil. In Nost Dakota, the majority of crude oil is classified as PG 1 material and would require a DOT 307/407 cargo tank.
There are several specifications for hauling HAZMAT materials and using nurse tanks. Generally, any tank over 119 gallons is a bulk tank requires compliance with the federal hazardous materials rules to include placarding, licensing, shipping, etc. However, there are some exceptions:
The Code of Federal Regulations, specifically 49 CFR 173.5(a) and North Dakota Administrative Code, specifically Chapter 38-03, allow exemptions when a farm vehicle is operated on local roads between fields of the same farm and not carrying Class 2 material is exempt from all HAZMAT requirements. Therefore, a farm vehicle traveling on township, county, or state roads between farm fields does not have to meet HAZMAT requirements. However, if traveling on interstate highways, to a town, or to a neighboring farm; the farm vehicle must comply with HAZMAT requirements because the movement does not meet the local roads/fields of the same farm exception.
Nurse Tanks
As Anhydrous Ammonia nurse tank is a class 2 material. The Code of Federal Regulations, 49 CFR 173.5 and North Dakota Administrative Code, Chapter 38-03-02 state that a farmer carrying class 2 materials is only exempt from subpart G and H (training and emergency response information requirements). This means that a farm vehicle carrying anhydrous ammonia on township, county, or state roads between farm fields is exempt from (1) training and emergency response information requirements in accordance with 49 CFR 173.5 (2) shipping paper requirements in accordance with 49 CFR 173.315 (m) and (3) CDL HAZMAT endorsement requirements in accordance with 383.3 (d). The vehicle does have to be placarded/marked in accordance with 49 CFR 173.315 (m).
If hauling hazardous material that has been diluted, HAZMAT regulations must be followed but the load must meet the definition of a hazardous material in 49 CFR Part 390.5. If HAZMAT is in the mixture, compliance is requited. If the state of the material is altered, the material may no longer pose a hazard and may not require compliance, but that decision must be made in accordance with federal regulations and not a personal decision.
A 100-gallon fuel tank would hold less than 1000 pounds of hazardous materials so it would not require placards. If the tank contains diesel fuel, it would be exempt from the hazardous materials regulations. Gasoline would not be allowed to be transported in the tank for commerce because the tank would not meet DOT specifications.
If a purchased bulk propane tank has not been cleaned and purged, it is considered a bulk tank in transportation and placards, shipping papers, etc. are required for transport. If the tank has been cleaned and purged, the HAZMAT requirements do not apply.
The farm exemption in 49 CFR Part 383 does not apply to commercial transportation such as your situations where chemicals are being transported to a farm. A CDL with the proper endorsements (tanker, HM) is required if the vehicle is over 26,000 lbs. GCVWR or requires placarding.
Farm vehicle operators driving for a farm operation are not required to have a CDL and therefore a hazardous material (HM) endorsement is required, even if the driver has a CDL. Anyone operating as a commercial carrier is required to have a HM endorsement on their CDL when hauling nurse tanks.
North Dakota does not require a special permit to haul hazardous materials within the state. However, federal rules (which apply in ND) require commercial operators and hauler of hazardous materials must have current Certificates of Registration as outlined in 49 CFR Part 107.608.
Federal regulations also require a safety permit for interstate or intrastate transportation of certain radioactive, explosive, or poisonous materials, view details at 49 CFR Part 385 Subpart E.
Motor Carrier
Federal Regulations reflect two exemptions in Part 395: (1) an agriculture exemption, and (2) a 150-air-mile (short haul) exemption.
The main difference is that with the 150-air-mile exemption, the driver must return to the work reporting location and is released from work within 14 consecutive hours and with at least 10 consecutive hours off-duty separating each shift. The motor carrier must maintain and retain 6 months of accurate and true time records.
With the agriculture exemption, the load must be agricultural products; there are no time record keeping requirements when loaded within 150-air-miles; but time records must be kept when empty.
Alcohol
If you refuse to submit to a chemical test for DUI, you are not eligible for a work permit.
A first or second offense for driving under the influence of alcohol/drugs (DUI) in a seven-year period is a class B misdemeanor with a maximum penalty of 30 days imprisonment and/or $1,500 fine. A third offense in a seven-year period is a class A misdemeanor with a maximum penalty of one year imprisonment and/or $3,000 fine. A fourth or subsequent offense regardless of the time since the previous offense, is a class C felony with a maximum penalty of five years imprisonment and/or $10,000 fine.
If a driver refuses an on-site screening or a chemical test, their driving privileges may be revoked for up to four years. Under North Dakota's implied consent law, NDCC Chapter 39-20, anyone who operates a motor vehicle is deemed to have given consent to a chemical test.
Troopers use several different tests on suspected impaired drivers. The test consists of two parts: (1) roadside tests and (2) tests done after the arrest. Roadside tests include the horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test. A preliminary breath test is also used to screen suspected impaired drivers prior to arrest. After an arrest is made, an impaired driver will be asked to submit to a chemical test which will be used to determine their blood alcohol content (BAC). For a chemical test, troopers collect breath, blood, and/or urine samples.
The "per se" alcohol concentration in North Dakota is 0.08 percent. For CMV Drivers, the alcohol concentration is 0.04 percent, and for operators under 21 years of age, the alcohol concentration is 0.02 percent.
If someone is operating a vehicle with lower alcohol concentrations than those listed, that person may be charged with DUI if under the influence of alcohol and/or drugs renders them incapable of safely driving.
ND Century Code Chapter 39-08 denotes regulations governning operators of motor vehicles, see section 1 regarding substance use and driving.
The consumption or possession of an alcoholic beverage in a house car is allowed if the consumption or possession occurs in the area of the house car used as sleeping or living quarters and that area is separated from the driving compartment by a solid partition, door, curtain, or some similar means of separation; however, consumption is not allowed while the house car is in motion.
Actual physical control is defined as being in immediate control or having the ability to operate the motor vehicle while being under the influence or having a blood-alcohol concentration of .08 percent or more.