North Dakota Administrative Code Title 37 - Department of Transportation
🔷 NDAC Title 37 – Department of Transportation
🔹 Legal Authority
NDAC Title 37 contains the rules and regulations adopted by the North Dakota Department of Transportation (NDDOT) under the authority granted by various chapters of the North Dakota Century Code (NDCC)—particularly Chapters 24 (Highways), 39 (Motor Vehicles), and 54 (State Government).
These administrative rules carry the force of law and are binding on individuals, businesses, and government entities throughout the state.
🔹 Purpose of Title 37
The primary goals of NDAC Title 37 are:
To regulate motor vehicle licensing, registration, and titling.
To administer driver licensing and driver behavior monitoring (e.g., suspensions, points).
To establish and enforce rules related to commercial motor vehicles, vehicle size and weight, and transportation safety.
To regulate signage and access on highways.
To ensure compliance with federal transportation standards and safety regulations.
🔹 Key Chapters and Topics in Title 37
Although exact chapter numbering can change over time, the contents of Title 37 typically include the following major areas:
1. Motor Vehicle Registration and Titles
Rules for vehicle titling, including:
Ownership documentation
Title transfers
Salvage and reconstructed vehicle titling
Registration procedures, renewal, and plates issuance.
Special plates (e.g., veterans, personalized, fleet).
Example Rule: A vehicle that is modified significantly must undergo an inspection before a title is issued as “reconstructed.”
2. Driver Licensing
Licensing requirements for:
Instruction permits
Non-commercial driver licenses
Commercial Driver Licenses (CDLs)
License renewal procedures and testing requirements.
Disqualifications and suspensions (e.g., DUI-related suspensions).
Point system for moving violations.
Important Rule: Accumulation of 12 or more points may lead to license suspension.
3. Commercial Vehicle Regulations
Oversight of:
Vehicle size and weight limits
Permitting for oversized/overweight loads
Commercial driver medical certification
Intrastate and interstate trucking compliance
4. Transportation Safety and Compliance
Rules relating to:
Hazardous material transport
School bus operation standards
Roadside inspection procedures
Penalties for non-compliance.
5. Highway Access, Signs, and Construction
Permits for driveway access on state highways
Billboards and signage control under the federal Highway Beautification Act
Construction coordination between the state and private developers
Example Regulation: Driveway access to state highways must be approved through a formal NDDOT permitting process.
🔹 Administrative Enforcement and Hearings
The Department has authority to enforce its rules through administrative actions, including:
License suspensions
Civil penalties
Denial of permits
Mandated corrective actions
Appeals of Department decisions (such as license suspensions or permit denials) are governed by the North Dakota Administrative Agencies Practice Act, allowing affected individuals to request a hearing and later seek judicial review.
🔹 Relevant Case Law Involving Title 37 and the Department of Transportation
While most enforcement actions are administrative, several court cases in North Dakota have addressed the interpretation and application of rules under Title 37.
1. Schiele v. North Dakota Department of Transportation, 2000 ND 174, 617 N.W.2d 345
Facts: A driver appealed the suspension of his license after refusing a chemical test during a DUI stop.
Issue: Whether the Department followed proper administrative procedures in suspending the license.
Holding: The North Dakota Supreme Court upheld the Department's decision, stating that the NDDOT had complied with the required due process standards under administrative law.
Significance: Confirms that the Department has the authority to suspend licenses administratively under Title 37, provided that notice and hearing procedures are followed.
2. Sitte v. North Dakota Department of Transportation, 2009 ND 77, 764 N.W.2d 606
Facts: The appellant contested the revocation of his driver's license after refusing to take a breathalyzer test.
Issue: Was the officer’s request for the breath test lawful, and did the refusal justify revocation under DOT rules?
Holding: The Supreme Court affirmed the revocation, noting that the NDDOT had properly applied administrative rules relating to implied consent.
Impact: Reinforced the Department's authority under Title 37 to revoke driving privileges without criminal conviction if administrative requirements are met.
3. Timm v. NDDOT, 2001 ND 126, 630 N.W.2d 38
Facts: Dispute over a commercial vehicle weight violation and the imposition of penalties.
Issue: Was the commercial vehicle properly cited under DOT weight regulations?
Holding: The court upheld the citation, confirming the DOT’s authority to enforce weight limits and apply administrative penalties for violations.
Significance: Supports the validity of DOT rules on vehicle weight and the regulatory powers in Title 37.
🔹 Summary Table
| Category | Key Content in Title 37 |
|---|---|
| Vehicle Registration | Title transfers, specialty plates, salvage vehicle titling |
| Driver Licensing | Tests, renewals, suspensions, CDL requirements |
| Commercial Vehicles | Size/weight permits, safety rules, inspections |
| Highway Access & Construction | Signage rules, access permits, development coordination |
| Enforcement Authority | Administrative hearings, license suspensions, civil penalties |
| Case Law Examples | Schiele, Sitte, Timm – all affirming DOT's rule enforcement and procedural fairness |
🔹 Conclusion
NDAC Title 37 is an essential regulatory framework for North Dakota’s transportation infrastructure, driver safety, and vehicle oversight. The Department of Transportation uses Title 37 to administer everything from routine license renewals to complex commercial transport regulations.
Although technical in nature, these rules carry real legal consequences, and their enforcement is consistently supported by North Dakota courts, provided the Department follows proper administrative procedures.
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