1.    The director may issue a commercial learner’s permit or commercial driver’s license to a North Dakota resident who meets the medical qualification and certification requirements pursuant to the limitations of 49 C.F.R. § part parts 383 and 391.

Terms Used In North Dakota Code 39-06.2-08.1

  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Individual: means a human being. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

2.    Every individual who makes application for a commercial learner’s permit or commercial driver’s license shall certify that the individual meets the qualification requirements contained in 49 C.F.R. part 391 or certify that the individual’s commercial transportation is entirely in intrastate commerce and is not subject to 49 C.F.R. part 391.

3.    The application will contain the following categories to comply with the commercial driver’s certification requirements:

a.    Interstate and subject to 49 C.F.R. part 391.

    b.    Interstate, but operating exclusively in transportation or operations excepted under 49 C.F.R. part 390.3(f), 391.2, 391.68, or 398.3.

c.    Intrastate and subject to state driver’s qualification requirements.

d.    Intrastate, but operating exclusively in transportation or operations excepted from all or part of the state driver’s qualification requirements.

4.    Every individual who makes application for or holds a commercial learner’s permit or commercial driver’s license shall submit a copy of the individual’s medical certificate to the director unless the commercial transportation is not subject to 49 C.F.R. part 391.

5.    The director will downgrade or remove the commercial driving privilege from the license if the medical certificate expires and the driver does not change the driver’s certification if the driver is no longer subject to 49 C.F.R. part 391.

6.    If the driver provides a current medical certification, the director shall upgrade without retesting the license of a driver which was downgraded under this section.