# Title 37 — Department of Transportation

## Article 37-13 — Commercial Driver Training School Requirements

## Chapter 37-13-02 — Commercial Driver Training School Requirements

### § 37-13-02-01. Duties of director - Regulations.

1. The director shall administer and enforce this chapter as necessary to protect the public.
2. The director shall inspect the school facilities, equipment of applicants and licensees, and
examine applicants for instructor's and examiner's licenses or certifications as needed.
History: Effective April 1, 2016.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-25-02
### § 37-13-02-02. School - License required - Contents of application for license.

1. A commercial driver training school may not be established nor may any existing school
continue to operate unless the school applies for and obtains from the director a license in the
manner and form prescribed by the director.
2. The application for license must include a statement of the location of the school, the
equipment, the vehicles to be used for training, courses of instruction, instructors, previous
records of the school and instructors, financial statements, schedule of fees and charges,
character and reputation of the operators, insurance, and any other matter as the director may
prescribe for the protection of the public.
3. A commercial driver training school may be licensed to offer instruction through an internet
course only.
4. The director shall issue a license indicating the type of license or restriction of instruction
provided in the license.
5. The license must be displayed in a conspicuous location in the licensee's principal place of
business and each branch office.
6. No license may be issued for conducting a driver training school from a temporary stand,
temporary address, or a room or rooms in a hotel or motel, or through the exclusive facilities of
a telephone answering service.
7. The location of the school's principal place of business and branch offices must have
adequate facilities, equipment, and available space to meet the approval of the director and
must also be in compliance with all applicable ordinances.
8. Each commercial driving school license application must be accompanied by a current rental
or lease agreement. In case of ownership, a statement verifying ownership of the premises
must be attached to the application.

9. Commercial driver training applications must be accompanied by a schedule of fees and
charges. The schedule of fees and charges may be amended at any time by the licensee
provided such changes in the fee schedule are filed with the director not less than ten days
before they become effective. Absent proper notification to the director a fee designated and
set forth in a contract must be adhered to for the duration of that contract.
History: Effective April 1, 2016.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-25-03, 39-25-08
### § 37-13-02-03. Expiration and renewal of licenses - Fees.

1. A commercial driving school license expires on the last day of the calendar year and may be
renewed upon application to the director. Each application for an original or renewal school
license must be accompanied by a fee of twenty-five dollars.
2. All instructor licenses expire on the last day of the calendar year and may be renewed upon
application to the director. Each application for an original or renewal license must be
accompanied by a fee of ten dollars.
3. All fees collected under this chapter must be deposited in the state treasury in the state
highway fund.
4. License fees may not be refunded in the event any license is rejected, suspended, or revoked.
History: Effective April 1, 2016.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-25-05
### § 37-13-02-04. Business records.

1. A permanent record of every person given lessons or services of any kind relating to
classroom, behind-the-wheel, or internet course instruction in the operation of a motor vehicle
must list the following information:
a. Name of student.
b. Address of student.
c. Date of birth of student.
d. Contract number.
e. Date and type of lesson.
f. Name of instructor and instructor number.
g. Student identification number.
2. The contract must contain the original, subsequent, or renewal contract agreements entered
between the school and the person receiving the lesson or other services relating to the
operation of a motor vehicle. Each original, subsequent, and renewal contract must be
maintained for a period of not less than three years following instruction.
3. The vehicle file must contain a current list of all vehicles used by the school for driver training
purposes showing date and location of the most recent inspection and must include a copy of
vehicle lease agreements if applicable.

4. All records must be maintained in a businesslike manner and are subject to the inspection of
the director at any time during reasonable business hours. The loss, mutilation, or destruction
of records that the school is required to maintain must be reported immediately to the director
and must state:
a. The date such records were lost, destroyed, or mutilated.
b. The circumstances involving such loss, destruction, or mutilation.
c. The name of the law enforcement office or department officials to whom such loss was
reported and the date of such report.
History: Effective April 1, 2016.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-25-02
### § 37-13-02-05. Advertising.

1. Commercial driver training schools may not:
a. Publish, advertise, or intimate that a driver's license is guaranteed or assured.
b. Duplicate or reproduce, in whole or in part for use in advertising or instruction any forms
used by the North Dakota department of transportation.
c. Advertise or intimate that a commercial driver's or instructor's license encompasses
certification by the North Dakota department of public instruction.
d. Advertise the address of any location other than the authorized principal place of
business or licensed branch office.
2. Any advertising conducted for the internet course must include the language: "This course is
approved for instruction in North Dakota pursuant to North Dakota Century Code section
39-06-01.1."
History: Effective April 1, 2016.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-25-02
### § 37-13-02-06. Agreements and contracts.

1. All contracts between schools and students must be on a form approved by the director. The
contract must include:
a. The name, date of birth, and address of the student.
b. The kind of training provided.
c. Approved vehicles to be used for instruction.
d. The number of hours of instruction and the rate per hour.
e. The signature of the student or other authorized person, or both, except an electronic
contract is acceptable for the internet course only.
f. The date of the contract.

2. A contract may not exceed a maximum of ten hours, or for class A, B, or C vehicles a
maximum of one hundred twenty hours, of behind-the-wheel training, without execution of a
new contract.
3. A contract must state whether it is to provide training to meet the certificate of course
completion or certificate of training standard.
4. A person may not be given lessons or any other service relating to instruction of motor vehicle
operation unless and until a written contract has been executed between the school and the
student. An electronic contract is acceptable for the internet course only.
5. Each school shall file and maintain with the director a list of those persons authorized on
behalf of the school to execute contracts or renewal agreements and certificates of enrollment
and completion. A complete signature record form must be filed with the director for each
person authorized to sign the above-listed documents for the school.
6. No school may represent or agree orally or in writing to give instruction until a driver's license
is obtained, to give free lessons, or to offer premiums or provide discounts if a driver's license
is not obtained.
7. No owner, operator, instructor, or other employee of a commercial driver training school may:
a. Attempt to influence any decision of an examining officer with respect to the licensing of
any student of the school or any other person.
b. Imply to the student or other person for any purpose their ability to influence in any
manner the driver license examiners.
History: Effective April 1, 2016.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-25-02
### § 37-13-02-07. Insurance and safety.

1. The licensee shall file with the director evidence of liability insurance obtained from a company
authorized to do business in the state of North Dakota. Proof of insurance is required for each
vehicle used for driver training in the amount of:
a. At least one hundred thousand dollars because of bodily injury to or death of any one
person in any one accident.
b. At least three hundred thousand dollars because of bodily injury to or death of two or
more persons in any one accident.
c. At least twenty-five thousand dollars because of damage to or destruction of property of
others in any one accident.
d. At least thirty thousand dollars for medical expenses regardless of liability.
2. The licensee shall furnish evidence of such coverage to the director stipulating that such
insurance will not be canceled or terminated except upon ten days' prior written notice to the
director.
3. If the insurance is canceled or terminated, the school license certificate terminates
automatically. All vehicles used in the operation of the school may not thereafter be used for
driver training school purposes until such school obtains adequate insurance coverage and
said license is reenacted. School certificates terminated under the provision of this section
must be surrendered to the director within a period of ten days.

History: Effective April 1, 2016.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-25-03
### § 37-13-02-08. Bond required.

The commercial driver training school owner or operator shall secure and submit with the
application for license a continuous surety company bond in the principal sum of five thousand dollars
for motor vehicle driver's license instruction for the protection of the contractual rights of students,
undertaken by a company authorized to do business in the state of North Dakota. The concerned
surety company may cancel said bond upon giving thirty days' written notice thereof to the director. The
surety company must be released of all liability for any breach of any condition of the bond occurring
after the effective date of the cancellation.
History: Effective April 1, 2016.
General Authority: NDCC 28-32-02
Law Implemented: NDCC 39-25-03
