# Title 37 — Department of Transportation

## Article 37-10 — Commercial Driver's License

## Chapter 37-10-02 — Railroad-Highway Grade Crossing Violations

### § 37-10-02-01. Employer violation for railroad-highway grade crossing.

An employer may not knowingly allow, permit, or authorize a driver to operate a commercial motor
vehicle in violation of a railroad-highway grade crossing under North Dakota Century Code section
39-06.2-10.
History: Effective January 1, 2006.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10.9; 49 CFR 383.37
### § 37-10-02-02. Civil penalty for employer conviction of railroad-highway grade crossing.

Any employer who is convicted of knowingly allowing, requiring, permitting, or authorizing a driver
to operate a commercial motor vehicle in violation of a railroad-highway grade crossing under North
Dakota Century Code section 39-06.2-10 is subject to a civil penalty of not more than ten thousand
dollars. Prior to a civil penalty being imposed, an employer has a right to an administrative hearing as
provided for in North Dakota Century Code section 39-06.2-10.
History: Effective January 1, 2006.
General Authority: NDCC 39-06.2-14
Law Implemented: NDCC 39-06.2-10; 49 CFR 383.37(d)
