Section 37-10-01-04 - Extension of commercial license suspension or revocation for violating an out-of-service orderThe director, who shall follow the administrative hearing procedures provided in North Dakota Century Code section 39-06.2-10, upon receiving a record of the conviction of any person upon a charge of driving a commercial motor vehicle while the commercial driver's license or commercial driving privileges of the person, the commercial motor vehicle, or the motor carrier operation were placed out of service, shall extend the period of that suspension or revocation for:
1. A period of ninety days for a conviction of a first violation of an out-of-service order; 2. A period of one year for a second conviction within ten years in a separate incident of violating an out-of-service order; 3. A period of three years for a third or subsequent conviction within ten years in separate incidents of violating an out of service order; 4. A period of one hundred eighty days, if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded, or while operating a commercial motor vehicle designed to transport sixteen or more passengers, including the driver; or 5. A period of three years, if the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded, or while operating commercial motor vehicles designed to transport sixteen or more passengers, including the driver. N.D. Admin Code 37-10-01-04
Effective January 1, 2006.General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.51