NDAC 37-10-01-04
Extension of commercial license suspension or revocation for violating an
Cite as N.D. Admin. Code ยง 37-10-01-04
out-of-service order.
The 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.