NDAC 37-03-04-01.1
Temporary restricted operator's license - Criteria and procedure for issuance
Cite as N.D. Admin. Code ยง 37-03-04-01.1
1.
When authorized by North Dakota Century Code section 39-06.1-11, a temporary restricted
operator's license may be issued by the director according to the criteria in this section. In
reviewing the person's record for the nature, frequency, and severity of violations and
convictions entered thereon, the criteria considered will include:
a.
Availability of other transportation.
b.
Number of drivers in the household.
c.
The nature of the driver's employment.
d.
Total number of moving violations for the last three years.
e.
Driving under suspension, revocation, or cancellation convictions.
f.
Number of previous temporary restricted licenses issued.
A temporary restricted operator's license will be issued only to allow driving to, from, or during
the person's employment, to and from an alcohol education or treatment program, to and from
school when the need is shown or for normal life maintenance needs if extenuating
circumstances are shown.
2.
The applicant for a temporary restricted operator's license shall make application only on the
form provided by the director. The application form shall be completed, providing all of the
information requested. Any incomplete application forms will be returned to the applicant for
completion. The application shall:
a.
Explain the need for the temporary restricted operator's license.
b.
Provide a written statement from the applicant's employer, if any, or school authority,
verifying the need for the temporary restricted operator's license.
c.
Identify the vehicles to be driven under the temporary restricted operator's license.
d.
Include any other information deemed necessary by the director.
3.
The temporary restricted operator's license will contain all limitations and restrictions deemed
necessary by the director, including the days of the week, hours of the day, geographical area
for driving, and the vehicles to be driven. The holder of the temporary restricted operator's
license must notify the director of any changes in circumstances under which the temporary
restricted operator's license was issued, and of any change in the vehicles desired to be
driven.
4.
If a temporary restricted operator's license has been denied, a reapplication may be made
after thirty days have elapsed from the date of denial, if additional or changed information
required for issuance becomes available.
5.
No temporary restricted operator's license will be issued to an alcohol-impaired or
drug-impaired driver who has contributed to the cause of death or serious bodily injury of
another person.
6.
No temporary restricted operator's license will be issued to anyone under the age of eighteen.