39-06.2-07. Commercial driver's license qualification standards

39-06.2-07. Commercial driver's license qualification standards

1. An individual may not be issued a commercial driver's license unless that individual is

a resident of this state; has passed a knowledge and skills test that may include a

skills test or knowledge test administered by another state or skills test or knowledge

test results electronically submitted by another state, for driving a commercial motor

vehicle which complies with minimum federal standards established by federal

regulations enumerated in 49 CFR part 383, subparts G and H; and has satisfied all

other requirements of state and federal law, including the Commercial Motor Vehicle

Safety Act. The tests must be prescribed and conducted by the director. The applicant

shall pay the fee listed in section 39-06.2-19 for each of the tests.

2. The director may authorize third-party testing, if:

a. The test is the same as that which would otherwise be administered by this state;

and

b. The third party has entered an agreement with this state which complies with

requirements of 49 CFR part 383.75.

3. The director may waive the skills test specified in this section for a commercial driver's

license applicant who meets the requirements of 49 CFR part 383.77.

4. A commercial driver's license or commercial learner's permit may not be issued to an

individual while the individual is subject to a disqualification from driving a commercial

motor vehicle or while the individual's driver's license is suspended, revoked, or

canceled in any state. A commercial driver's license may not be issued to an individual

who has a commercial driver's license issued by any other state unless the individual

first surrenders all licenses from other states. The director shall notify the issuing state

of the surrender of the license.

5. An individual who has been a resident of this state for thirty days may not drive a

commercial motor vehicle under the authority of a commercial driver's license issued

by another jurisdiction.

6. a. A commercial learner's permit may be issued to an individual who holds a valid

class D operator's license who has passed the vision and written tests required

for an equivalent commercial driver's license.

b. The commercial learner's permit may not be issued for a period to exceed

one year. After this initial period, the director may issue a letter of authority that

authorizes the applicant to drive to a driver's license office, complete the road

test, and return home, or the individual may retake the knowledge test and be

issued another commercial learner's permit valid for one year. The holder of a

permit, unless otherwise disqualified, may drive a commercial motor vehicle only

when accompanied by the holder of a commercial driver's license valid for the

type of vehicle driven who occupies a seat beside the individual for the purpose

of giving instruction in driving the commercial motor vehicle. A holder of a permit

is not eligible for a license until that individual has had the permit issued for at

least fourteen days.

7. A commercial learner's permitholder may not operate a commercial motor vehicle:

a. Transporting passengers requiring a passenger endorsement;

b. Transporting passengers requiring a schoolbus endorsement;

c. Requiring a tank vehicle endorsement unless the tank is empty and does not

contain residue of hazardous materials; or

d. Transporting hazardous materials, regardless of need for hazardous materials

endorsement.