N.D. Admin. Code 37-13-01-01

Current through Supplement No. 394, October, 2024
Section 37-13-01-01 - Definitions

In this article, unless the context or other subject matter requires:

1. "Certificate of training" means a certification of training completion of a driving course through which the graduate has completed the driving course criteria listed in section 37-13-05-02, but the training did not include thirty hours of classroom required to meet the level of knowledge or skill to attain a certificate of course completion defined in section 37-13-05-02.
2. "Commercial driver training school" or "school" means a business enterprise conducted by a person for the education and training of individuals, either practically or theoretically, or both, to operate or drive a motor vehicle, and for which accepts consideration or charges tuition for the service.
3. "Contract" means a signed agreement between the commercial driver training school and a student, or in the event of a minor student, a parent or legal guardian, for classroom instruction, behind-the-wheel training, internet course, or any combination thereof. The contract must state the type of training being provided, to meet either a certificate of course completion or a certificate of training standard.
4. "Director" means the director of the North Dakota department of transportation, acting directly or through authorized agents.
5. "Internet course" means an electronic course of instruction as authorized in North Dakota Century Code section 39-06-01.1.
6. "Instructor" means an individual, whether acting on that individual's own behalf as an operator of a commercial driver training school or for a school for compensation, who teaches, conducts a class for, gives demonstrations to, or supervises practice of, an individual learning to operate or drive a motor vehicle.
7. "Lesson" means a continuous period of time during which instruction is given for the purpose of operating a motor vehicle whether by classroom instruction, practice driving, or internet course. A one-hour lesson means one hour of actual instruction. Lessons consisting of actual behind-the-wheel driving are not to exceed two continuous hours. A thirty minute break is required following every two continuous hours of training per day for an individual student, but not to exceed a total of four hours per day.
8. "Location" means a designated site at which the business of a commercial driver training school is transacted and its records are kept.
9. "Owner" means a person, including a partnership, a corporation, or other business entity, that has a vested interest in and control over a school.
10. "Safe mechanical condition" means the continual compliance with safety requirements of vehicles that are used to train students and have passed either a state safety inspection or a federal motor carrier safety administration inspection.

N.D. Admin Code 37-13-01-01

Adopted by Administrative Rules Supplement 2016-360, April 2016, effective 4/1/2016.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 39-25-01