N.D. Admin. Code 37-10-01-02

Current through Supplement No. 394, October, 2024

Section 37-10-01-02 - Penalty for violating out-of-service order

A person convicted of violating an out-of-service order issued under section 37-10-01-01 is deemed to have committed the offense of driving under suspension under North Dakota Century Code section 39-06-42. The suspension periods for driving a commercial motor vehicle in violation of the out-of-service order are:

1. For a first violation, the driver must be suspended for a period of one hundred eighty days;

2. For a second violation within ten years arising from separate incidents, the driver must be suspended for a period of two years; and

3. For a third or subsequent violation within ten years arising from separate incidents, the driver must be suspended for a period of three years.

If the violation occurred while transporting hazardous material required to be placarded or while operating a motor vehicle designed to transport sixteen or more passengers including the driver, the suspension period must be one hundred eighty days for a first violation and three years for each subsequent violation arising from a separate incident during a ten-year period.

N.D. Admin Code 37-10-01-02

Effective June 1, 1998; amended effective July 1, 2009.

General Authority: NDCC 39-06.2-14

Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.51