Current through the 2023 Legislative Sessions
Section 39-06-14 - Licenses issued to operators - General - Classified operator's license1. Upon the payment of the application fee listed in section 39-06-49, the director shall issue to every qualified applicant an operator's license. An application for an operator's license must be made on a form furnished by the director. The operator's license must bear the full name, date of birth, residence address, and a brief description of the licensee.2. The license must bear either a facsimile of the signature of the licensee or a space upon which the licensee shall write the licensee's usual signature. An operator's license is not valid unless signed by the licensee with the licensee's usual signature. For purposes of verification, the director may require the licensee to write the licensee's signature in the presence of the director.3. The operator's license must bear a distinguishing number assigned to the licensee. The director may not issue a distinguishing number that is, contains, can be converted to, or is an encrypted version of the applicant's social security number.4. The operator's license must bear a color photograph of the licensee. The director may adopt rules relating to the manner in which photographs are to be obtained and placed on an operator's license. The photograph may be produced by digital imaging or other electronic means and is not a public record. If the licensee is under the age of eighteen, the photograph must be against a color border or background that is different from the color used for other licensees. If the licensee is at least the age of eighteen and is under the age of twenty-one, the photograph must be against a color border or background that is different from the color used for other licensees.5. The director shall issue an operator's license to any resident who at the time of application is not a citizen of the United States and who fulfills the requirements of this section. The license must be designed in a manner to distinguish the license clearly from a similar license issued to a citizen of the United States and resident of this state. Upon the issuance of a license, the department of transportation shall provide a written notice that indicates the naturalized individual shall contact the department of transportation to update the individual's citizenship status. The individual shall update the citizenship status within forty-five days following naturalization. The director shall replace the license with a card issued to a citizen of this country and resident of this state only when proof of United States citizenship is provided by the individual and the replacement fee listed in section 39-06-49 is paid. For licenses issued under this subsection before August 1, 2023, the department of transportation shall provide by mail to each licenseholder a written notice that indicates within the forty-five days following naturalization, the naturalized individual shall contact the department of transportation to update the individual's citizenship status.6. Upon request and with adequate documentation, the director shall place an indicator on the face of an operator's license of a veteran. The veteran may make the request through the department of veterans' affairs.7. An applicant holding a valid operator's license issued by this state and making application for renewal must be issued a class D license without being subjected to a written or actual ability examination. The director shall issue to any other applicant applying for issuance of an operator's license a classified license after a successful examination in the type of motor vehicle or combination of vehicles for the particular class of license and the particular license authorizes the holder to drive the particular class of vehicles as designated in section 39-06.2-09 or this chapter.8. An individual with a class D license may operate:a. A single vehicle with a gross vehicle weight rating of twenty-six thousand pounds [11793.40 kilograms] or less or this vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds [4535.92 kilograms] or a combination of vehicles with a gross combination weight or a gross combination weight rating in excess of twenty-six thousand pounds [11793.40 kilograms] if the individual is eighteen years of age or older, unless the individual is driving a farm vehicle and meets the requirements of subdivision e of subsection 7 of this section and subsection 3 of section 39-06.2-06.b. A farm tractor towing another vehicle having a gross weight in excess of ten thousand pounds [4535.92 kilograms].c. A truck towing a trailer in excess of ten thousand pounds [4535.92 kilograms] if the combined weight does not exceed twenty-six thousand pounds [11793.40 kilograms] gross combination weight rating.d. A house car or a vehicle towing a travel trailer being used solely for personal purposes.e. A two-axle or tandem-axle motor vehicle, a triple-axle motor vehicle, and a truck or truck tractor towing a trailer, semitrailer, or farm trailer if the individual is exempted from a commercial driver's license under subsection 3 of section 39-06.2-06, except the individual may not operate a double trailer or triple trailer and an individual under eighteen years of age may not operate a truck tractor or a bus designed to carry sixteen or more passengers, including the driver.9. Any holder of a classified license who drives a motor vehicle otherwise than as permitted by the class of license issued to the holder is deemed to be driving a motor vehicle without being duly licensed. The holder of a classified license who desires to obtain a different class license must exchange or renew the license. The director may adopt rules on renewals or exchanges for the proper administration of this chapter.Amended by S.L. 2023 , ch. 347( HB 1318 ), § 2, eff. 8/1/2023.Amended by S.L. 2017 , ch. 152( HB 1369 ), § 12, eff. 7/1/2017.Amended by S.L. 2013 , ch. 291( SB 2039 ), § 22, eff. 7/1/2013.Amended by S.L. 2011 , ch. 275( SB 2244 ), § 1, eff. 8/1/2011.Amended by S.L. 2011 , ch. 271( HB 1103 ), § 8, eff. 8/1/2011.Amended by S.L. 2011 , ch. 274( HB 1109 ), § 1, eff. 7/1/2011.