2007 LEGISLATIVE UPDATE
Drivers License & Traffic Safety Division
General Driver Information
*This information is merely a brief update
of the law. For complete copies of the bills, please visit www.legis.nd.gov/assembly/60-2007/leginfo/bills-res-jour/index.html.
These law changes are effective August 1, 2007.
ALCOHOL-RELATED LEGISLATION
HB 1346 - Allows the removal of a partially-consumed
bottle of wine from a restaurant provided the licensee recorks the
bottle, seals the bottle with a seal that must be made conspicuously
inoperative to reopen the bottle, and places the receipt of sale with
the bottle.
HB 1468 - Allows the mailing of the Report
& Notice form to a resident who has submitted to a blood, urine,
or saliva test. The third day after mailing is considered the date
of issuance. The person is required to mail their driver license to
the law enforcement agency that made the arrest. The actual notice
of opportunity for a hearing is deemed to have occurred 72 hours after
the notice is mailed, by regular mail, to the address submitted by
the person to the law enforcement officer.
HB 1068 - Exempts drivers from needing a commercial
driver license when operating vehicles being driven for military purposes
as provided under 49 CFR part 383.3(c) or individuals employed by
and operating a vehicle at the request of a political subdivision
with a population of less than 3,000 during an emergency as declared
by that political subdivision. (This waiver only applies if the regularly-
employed driver is unavailable or additional assistance is required.)
Adds subsequent convictions for driving under
the influence, leaving the scene of a crash, and using a vehicle to
commit a felony to the list of convictions for which a lifetime disqualification
of a commercial driver license is required.
Requires NDDOT to give all out-of-state convictions
full faith and credit if the driver is licensed by the State of North
Dakota at the time of the conviction or becomes licensed by the State
of North Dakota at a later time if the original state of record had
not taken required action.
HB 1400 - Exempts tree farmers from being
required to have a commercial driver license within a one hundred-fifty
mile radius of the person’s farm.
HB 1069 - Removes the penalty for having a
suspended license in possession. (This is a clean-up of language due
to removing the requirement to surrender a suspended driver license.)
Updates the language from “addiction
facility” to “appropriate licensed addiction treatment
program.”
HB 1158 - For road test purposes only, a person
under 16 years of age is allowed to operate an automobile that is
not their parent’s or guardian’s.
SB 2112 - North Dakota photo identification
cards issued after August 1, 2007 will expire eight years from the
date of issuance and may be renewed.
Allows NDDOT to issue a temporary operator’s
license or photo identification card to an individual who is legally
in the US on a temporary basis. It sets the expiration of the license
or ID card to correspond with the expiration of the immigration documents.
Eliminates the requirement for drivers to surrender
their driver license when their driving privileges are SUSPENDED.
Updates the definition of Hazardous Material
to “any material that has been designated a hazardous under
49 U.S.C. 5103 an is required to be placarded under subpart F of 49
CFR part 172 or any quantity of a material listed as a select agent
or toxin in 42 CFR part 73.”
Disqualifies for a lifetime any CDL holder
who is convicted of two or more violations or combination of violations
for driving under the influence, leaving the scene of an accident
or use of a vehicle to commit a felony.
HB 1037 - Requires insurance companies to provide
proof of insurance to the insured in the form of written evidence
of the policy’s type, duration, and vehicle covered. It also
requires the court to impound the license plates of the motor vehicle,
owned and operated by the person at the time of the violation, if
the violation is a second or subsequent conviction for “No Liability
Insurance” within 3 years. The license plates cannot be returned
until proof of insurance is provided and a $20 fee is submitted to
NDDOT (Motor Vehicle Division). Failure to surrender the plates is
a Class B misdemeanor, punishable by a maximum penalty of 30 days
imprisonment, a fine of $1,000, or both.
SB 2146 - A person who cannot provide proof of insurance at the time
of a crash can be cited for violation of NDCC 39-08-20, Driving Without
Liability Insurance, if they fail to provide satisfactory evidence,
within three business days from the date of the request, to the officer
or the officer’s agency.
HB 1183 – Motorcycle handlebar grips
may not be located above the shoulder height of the seated operator.
HB 1205 - Requires motorcycles to have
at least one tail lamp and a stop lamp.
HB 1445 - Requires off-highway vehicles that
are operated on a roadway to be equipped with: mirror, horn, speedometer,
odometer, brake light, lighted headlamp, and a motor of at least 350
cubic centimeters.
Allows the operation of an off-highway
vehicle on a paved highway designated and posted at a speed not exceeding
55 MPH. A licensed driver over 16 years of age may operate a registered
Class III off-highway vehicle on a paved highway designated and posted
at a speed not exceeding 65 MPH.
Allows passengers to ride on an ATV provided
the vehicle is equipped and recommended by the manufacturer to carry
passengers and the passenger is carried as recommended by the manufacturer.
SB 2175 - Provides for intersections that are
controlled by traffic lights to become four-way stops when traffic
signals are not working.
SB 2163 - Allows a person who is at least 14
years of age, and authorized under state law to apply for a driver’s
license, to make an anatomical gift for organ donation.
HB 1310 - Allows the use of flashing blue lights
in addition to, and under the same conditions as, the other colors
allowed in statute.
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