NDAC 37-12-02-01
General considerations
Cite as N.D. Admin. Code ยง 37-12-02-01
1.
Scope. Vehicles constructed, reconstructed, or modified shall comply with all provisions of
North Dakota Century Code chapter 39-21 and any other applicable provision of North Dakota
Century Code title 39, unless specifically excepted. The requirements of this chapter shall not
supersede the original and unaltered design, construction, or equipment standards of motor
vehicles manufactured by a recognized manufacturer.
2.
Definitions. The terms used throughout this chapter have the same meaning as in North
Dakota Century Code title 39, except:
a.
"Recognized manufacturer" means a manufacturer of motor vehicles intended for use on
the public roadways and for distribution and sale in interstate commerce.
b.
"Recognized manufacturer or assembler" means every fabricator of a special vehicle
assembled in its entirety as a complete product for use on the public roadways.
c.
"Special motor vehicles" means any vehicles equipped with two or more axles having at
least two wheels per axle, and which are intended for use on public highways. The term
"special motor vehicle" includes the following types:
(1)
Type I - Those vehicles which are restored to or retain their original configuration but
which may contain changed steering, brake, power train, or suspension systems.
(2)
Type II - Those vehicles changed from the recognized vehicle manufacturer's
original body configuration but which retain the general appearance of the original
vehicle. This type may include changes and modifications to engine, chassis, brake
system, power train, steering, and suspension systems.
(3)
Type III - Other than type I and type II special vehicles, those vehicles custom built
with fabricated parts, or parts taken from existing vehicles.
3.
Manufacturer's certification. The manufacturer or assembler of a special vehicle (type I, II,
or III) shall provide a certification of fact that the vehicle is designed and manufactured for use
on the public roadway and complies with the performance and equipment requirements of this
chapter. Nothing contained in this chapter shall preclude the motor vehicle division director
from requiring a certificate of inspection to ensure compliance with the standard.