# Title 39 — Motor Vehicles

## Chapter 39-06 — Operators' Licenses

### § 39-06-01. Operators must be licensed - Additional licensing - Penalty.

1. An individual, unless exempted in this section, may not drive any motor vehicle on a
highway or on public or private areas to which the public has a right of access for
vehicular use in this state unless the individual has a valid license as an operator
under this chapter or a temporary operator's permit issued under chapter 39-20. An
individual may not receive an operator's license or a nondriver identification card until
that individual surrenders to the director all operator's licenses, permits, and nondriver
photo identification cards issued to that individual by any state or country. If a license
issued by another state is surrendered, the director shall notify the issuing state of the
surrender. An individual may be issued either a valid operator's license or a nondriver
identification card at any one time, but not both.
2. An individual licensed as an operator may exercise the privilege granted by the license
on any highway in this state and may not be required to obtain any other license to
exercise the privilege by any political subdivision having authority to adopt police
regulations, except that municipalities may regulate occupations and may regulate the
operation of taxicabs under subsection 27 of section 40-05-01.
### § 39-06-01.1. Special provisions for minor operators.

1. The director shall cancel the operator's license of an individual who has committed
acts resulting in an accumulated point total in excess of five points as provided for a
violation under section 39-06.1-10 if:
a. The acts or offenses were committed while the individual was a minor; and
b. The individual admitted the violation, was found to have committed the violation
by the official having jurisdiction, or pled guilty to, was found guilty of, or
adjudicated to have committed the offense.
2. The director shall cancel the operator's license of an individual who has committed an
alcohol-related offense or a drug-related offense while operating a motor vehicle if:
a. The offense was committed while the individual was a minor;
b. The individual was found to have committed the offense by the official having
jurisdiction, or pled guilty to, was found guilty of, or adjudicated to have
committed the offense;
c. The offense created an imminent risk of injury to another individual;
d. A lesser penalty would be ineffective to prevent future risk to another individual;
and
e. The official having jurisdiction orders the director to cancel the operator's license.
3. If an individual has had that individual's license to operate a motor vehicle canceled
under subsection 1 or 2, the director shall deem that individual to have never have had
any license to operate a motor vehicle and may not issue any license to operate a
motor vehicle other than an instruction permit or a restricted instruction permit after the
completion of any period of suspension or revocation. After the issuance of an
instruction permit or restricted instruction permit, the director may not issue any other
operator's license to that individual until that individual:
a. Meets the requirements of section 39-06-17. The driver education requirement
may be met through either an internet course or successfully completing a course
at an approved commercial driver training school meeting the requirements of
chapter 39-25; and
b. Satisfies all other requirements that apply to that individual for that operator's
license.
### § 39-06-01.2. Anatomical gifting.

The application for nondriver photo identification cards and operator's licenses must include
a statement making an anatomical gift and provide for the voluntary identification of the

applicant as a donor under chapter 23-06.6. In addition, identification of the applicant as a donor
under chapter 23-06.6 may be completed by an online registry approved by the director. If the
applicant's donor intention is made by the online registry, the intention must be recorded on the
applicant's record. The intention is not required on the identification card or license unless a
duplicate card is obtained or at the time of renewal. The department may not be held civilly or
criminally liable for any act or omission in implementing and maintaining the online registration
of donors.
### § 39-06-01.3. Compliance with federal selective service requirement.

1. Upon submission of an application for an initial, renewal, or duplicate instruction
permit, operator's license, or a nondriver identification card by a man at least eighteen
years of age and under the age of twenty-six, the department shall provide for the
registration of the applicant with the selective service system.
2. The department shall provide language on the application informing the applicant his
signature on the application serves as an acknowledgment the applicant already has
registered with the selective service system or the applicant consents to registration.
3. An applicant who objects to registration for conscientious, religious, or other grounds
may contact the selective service system for alternative options.
4. The department shall forward the applicant's necessary personal information to the
selective service system for registration.
### § 39-06-02. Individuals who are exempt from having an operator's license - Resident

defined.
1. The following individuals are exempt from having an operator's license:
a. An employee of the United States government while operating a motor vehicle
owned by or leased to that government and being operated on official business.
b. A nonresident who is at least sixteen years of age, who has in that individual's
immediate possession a valid operator's license issued to that individual in that
individual's home state or country.
c. A member of the armed forces of the United States while that individual is
stationed in North Dakota, if that individual has a valid current operator's license
from another state.
d. An individual over sixteen years of age who becomes a resident of this state and
who has in possession a valid operator's license issued to that individual under
the laws of some other state or country or by military authorities of the United
States for a period of not more than sixty days after becoming a resident of this
state.
e. A member of the North Dakota national guard operating any military vehicles as
authorized by a national guard operator's license while on duty.
2. For purposes of this chapter, an individual is deemed a resident of this state when the
individual has lived in the state for ninety consecutive days, unless the individual is a
nonresident student, a tourist, or a member of the armed forces.
### § 39-06-03. No operator's license to certain individuals.

The director may not issue an operator's license:
1. To an individual who is under the age of sixteen years, except that the director may
issue an instructional permit under section 39-06-04, a restricted permit under section
39-06-05, or a license under section 39-06-17.
2. To an individual whose license has been suspended or revoked in this state or in any
other state during the suspension, except under section 39-06.1-03 or 39-06.1-11, or
to any person whose license has been revoked, except under sections 39-06-35,
39-06-36, and 39-06.1-11.
3. To an individual who has previously been adjudged to be afflicted with or suffering from
any mental disability or disease and who has not at the time of application been
restored to competency by the methods provided by law.

4. To an individual who is required by this chapter to take an examination, unless the
individual has successfully passed such examination.
5. To an individual who is required under the laws of this state to deposit security or file
proof of financial responsibility and who has not deposited the security or filed the
proof.
6. To an individual if the director has good cause to believe that the individual by reason
of physical or mental disability would not be able to operate a motor vehicle with
safety.
7. To an individual when the director has good cause to believe that the operation of a
motor vehicle on the highways by that individual would be inimical to public safety or
welfare.
### § 39-06-03.1. Nondriver photo identification card issued by director - Release of

information - Penalty - Public awareness.
1. The director shall issue a nondriver color photo identification card to any resident of
this state who fulfills the requirements of this section. An application for an
identification card must be made on a form furnished by the director. Within thirty days
from receipt of a complete application that includes the applicant's social security
number, unless the applicant is a nonimmigrant who is not eligible for a social security
number, the director shall determine whether to issue and, if appropriate, issue a
nondriver photo identification card to an applicant. The director may not withhold the
issuance of a nondriver color photo identification card without reasonable cause. If the
applicant is under the age of eighteen or at least the age of eighteen and under the
age of twenty-one, the photo must be against the same color background required on
a motor vehicle operator's license for an operator of that age. Subject to section
39-06-19, identification cards expire eight years from the date of issue and may be
renewed. The application must contain other information as the director may require to
improve identity security.
2. The director shall issue a nondriver color photo identification card to any resident who
at the time of application is not a citizen of the United States and who fulfills the
requirements of this section. The identification card must be designed in a manner to
clearly make the card distinguishable from a similar card issued to a citizen of the
United States and resident of this state. Upon the issuance of an identification card,
the department of transportation shall provide a written notice that indicates the
naturalized individual shall contact the department of transportation to update the
individual's citizenship status. The individual shall update the citizenship status within
forty-five days following naturalization. The director shall replace the card with a card
issued to a citizen of this country and resident of this state only when proof of United
States citizenship is provided by the individual and any applicable replacement fee
listed in section 39-06-49 is paid. For identification cards issued under this subsection
before August 1, 2023, the department of transportation shall provide by mail to each
cardholder a written notice that indicates within the forty-five days following
naturalization, the naturalized individual shall contact the department of transportation
to update the individual's citizenship status.
3. To confirm the identity, date of birth, and legal presence of the applicant, the director or
examining officer shall require satisfactory evidence be provided by the applicant.
Satisfactory evidence includes a certified copy of the applicant's birth certificate or
other evidence reasonably calculated to permit the determination of the date of birth,
identification, and legal presence of the applicant by the director or examining officer.
The director may require an applicant for an identification card to provide a social
security card and proof of residence address.
4. The application fee is listed in section 39-06-49. Except for a duplicate or replacement
card, the director may not charge a fee to provide a nondriver photo identification card
to an eligible applicant.

5. Any information obtained by the director from an applicant for the issuance, renewal,
or replacement of an identification card may not be released unless allowed under
section 39-16-03.
6. The director may advertise the availability and the use of the card.
7. Identification cards issued under this section are sufficient identification for all
identification purposes.
### § 39-06-04. Class D instruction permit.

1. Any resident of this state who is at least fourteen years of age may apply to the
director for a class D instruction permit.
2. The director may issue a class D instruction permit that entitles the applicant while
having the permit in the permittee's immediate possession to drive a motor vehicle
upon the public highways, if the individual:
a. Has successfully passed a standard written rules of the road knowledge test
prescribed by the director;
b. Has successfully passed a vision examination; and
c. Has the written approval of the individual's parent or legal guardian.
3. The permittee must be accompanied by an individual with a class A, B, C, or D license
in a vehicle allowed to be operated with a class D license, who is at least eighteen
years of age, who has had at least three years of driving experience, and who is
occupying a seat beside the driver. An individual other than the supervising driver and
the permitholder may not be in the front seat unless the vehicle has only a front seat,
in which case, the supervising driver must be seated next to the permitholder.
4. An individual who is not yet eighteen years of age is not eligible for a class D license
until that individual has had an instruction permit issued for at least six months or at
least twelve months if under the age of sixteen. The director may recognize an
instruction permit issued by another jurisdiction in computing the six-month or
twelve-month instructional period.
5. The permittee may not operate an electronic communication device to talk, compose,
read, or send an electronic message while operating a motor vehicle that is in motion
unless the sole purpose of operating the device is to obtain emergency assistance, to
prevent a crime about to be committed, or in the reasonable belief that an individual's
life or safety is in danger.
### § 39-06-05. Restricted instruction permit - When instruction permit not required -

Driver's training course.
1. The director upon receiving proper application may issue a restricted instruction permit
effective for a school year or more restricted period to an applicant who is at least
fourteen years of age and enrolled in a commercial driver training course that includes
practice driving and which is approved by the director of the highway patrol under
chapter 39-25. The restricted instruction permit entitles the permittee when the
permittee has the permit in the permittee's immediate possession to operate a motor
vehicle with an approved instructor occupying a seat beside the permittee and on a
designated highway or within a designated area.
2. a. Subject to subdivision b, any student enrolled in behind-the-wheel driver's training
through a high school program approved by the superintendent of public
instruction may operate a motor vehicle, under the supervision of a driver training
instructor certified by the superintendent of public instruction, without a permit or
license to operate a motor vehicle, if the school district sponsoring the driver's
training program has an insurance policy covering any damage that may be done
by a student while operating the vehicle and proof of coverage is filed with the
superintendent of public instruction by the school district's insurance carrier. The
insurance coverage must be in the amount required to establish proof of financial
responsibility.
b. A student may not enroll in a driver's training course through a high school
program approved by the superintendent of public instruction unless the student

will be at least fourteen years of age by the completion date of the classroom
portion of the driver's training course. A student may not participate in the
behind-the-wheel driver's training portion of the driver's training course until the
student is at least fourteen years of age. A student must complete the driver's
training course's required amount of behind-the-wheel driver's training before
successfully completing the course.
### § 39-06-06. Temporary operator's permit.

The director may issue a temporary operator's permit for the operation of a motor vehicle to
an applicant for an operator's license pending an investigation and determination of facts
relative to the applicant's right to receive an operator's license. The permit must be in the
applicant's immediate possession while operating a motor vehicle and is invalid if the applicant's
license has been issued or denied.
### § 39-06-07. Application for operator's license.

1. An applicant for an operator's license must be made upon a form furnished by the
director.
2. An applicant must state on the application the full name, date of birth, sex, social
security number, unless the applicant is a nonimmigrant who is not eligible for a social
security number or the applicant provides an affidavit stating the applicant was not
assigned a social security number, residence and mailing address, and provide a brief
description of the applicant. By signing the application the applicant is deemed to have
certified that all information contained on the application is true and correct. The
application must be accompanied by the fee listed in section 39-06-49. The application
must contain any other information as the director may require to improve identity
security. The director may require an applicant to provide a social security card and
proof of residence address.
3. If an application is received from an individual previously licensed in another
jurisdiction, the director may request a copy of the driver's record from the other
jurisdiction. A copy of another jurisdiction's driving record becomes a part of the driving
record in this state with the same force and effect as though entered on the driving
record in this state in the original instance.
### § 39-06-07.1. Proof of name, date of birth, legal presence, and citizenship for operator's

license application - License difference for citizens and noncitizens - Primary source
identity documents.
1. An applicant must verify the applicant's name, date of birth, and legal presence on any
application by a certified birth certificate or any other documentary evidence that
confirms to the satisfaction of the director the true identity, date of birth, legal
presence, and citizenship of the applicant. The license issued to a noncitizen of the
United States must be designed in a manner to distinguish the license clearly from a
similar license issued to a citizen of the United States.
2. Primary source identity documents retained by the department are not public records.
### § 39-06-07.2. Medical advice - Use by director - Driver's duty to report certain injuries.

1. The director is authorized to seek professional medical advice from a licensed medical
care provider and to use that advice in decisions made by the director in regard to the
issuance, renewal, suspension, revocation, or cancellation of an operator's license
under this chapter. The director may receive advice in any manner.
2. In addition to advice sought and received under subsection 1, the director may
consider information and advice received from an applicant's or motor vehicle
operator's licensed health care provider. Any examination and report requested by the
applicant, motor vehicle operator, or director under this chapter is at the expense of
the applicant or motor vehicle operator.

3. Any licensed health care provider does not incur any liability for any opinion,
recommendation, or advice provided to the director under subsection 1.
4. Advice and information received by the director under subsection 1 which relates to an
individual applicant or motor vehicle operator is for the confidential use of the director
in making decisions on the individual's qualifications as a driver, and the information
may not be divulged to any person or used in evidence in any trial or proceeding
except in matters concerning the individual's qualifications to receive or retain an
operator's license.
5. In addition to other sources of information, general advice and information received by
the director under this section may be used by the director in the adoption of
administrative rules concerning medical criteria for driver licensing.
6. Before operating any motor vehicle the holder of an operator's license issued under
this chapter who has suffered permanent loss of use of a hand, arm, foot, leg, or eye
shall report the loss of use to the director who shall take reasonable action as may be
proper under this chapter as to re-examination of the licensee to determine if the
licensee is capable of operating vehicles for which the licensee is licensed.
### § 39-06-08. Application of minors.

The application of any minor for an operator's license must be signed and verified before an
individual authorized to administer oaths or the director, by the father, mother, or legal guardian,
or if there is not a parent or legal guardian, then by another responsible adult who is willing to
assume the obligation imposed under this chapter upon an individual signing the application of a
minor. If the father, mother, or legal guardian is unable to appear, a father, mother, or legal
guardian may designate, through a notarized document, an individual temporarily authorized to
sign the application.
### § 39-06-09. Liability for negligence of minor - General.

1. Subject to subsection 2, any negligence of a minor when driving a motor vehicle on a
highway must be imputed to the individual who signed the application of the minor for
an operator's license, or upon the father, mother, or legal guardian if signing authority
has been temporarily transferred under section 39-06-08. This individual is jointly and
severally liable with the minor for damages caused by the negligence, except as
provided in section 39-06-10.
2. The negligence of a minor under subsection 1 may not be imputed to the individual
who signed the application of the minor for an operator's license, or upon the father,
mother, or legal guardian if signing authority temporarily has been transferred under
section 39-06-08 for any injury or damage to that individual which was caused by the
minor's negligence.
### § 39-06-10. Liability for negligence of minor - Proof of financial responsibility.

If a minor provides proof of financial responsibility for the operation of a motor vehicle, then
the director may accept the application of the minor.
### § 39-06-11. Cancellation of minor's license or permit upon request.

An individual who has signed the application of a minor for a license may file with the
director a verified written request to cancel the operator's license of the minor. Upon receipt of
the request, the director shall cancel the operator's license of the minor and the individual who
signed the application of the minor is relieved from the liability imposed under this chapter by
reason of having signed the application on account of any subsequent negligence of the minor
in operating a motor vehicle.
### § 39-06-12. Cancellation of an operator's license of a minor upon death of applicant.

The director upon receipt of satisfactory evidence of the death of the individual who signed
the application of a minor for an operator's license shall cancel the operator's license and may
not issue a new license until a new application is made by the minor.

### § 39-06-13. Examination of applicants.

1. Unless otherwise provided in this chapter, the director shall examine every applicant
for an operator's license. The examination must include a test of the applicant's
eyesight; ability to read and understand highway signs regulating, warning, and
directing traffic; and knowledge of the traffic laws of this state. The director shall make
any written portion of the examination, except writing on illustrations of signs, available
to an applicant in any widely practiced language. The director may waive the written
portion of the examination for an applicant who has successfully passed a written
examination in another state and has an operator's license that is not or in the process
of being revoked, suspended, or canceled.
2. The director shall establish a process to administer the written portion of an
examination for an operator's license through an online electronic medium. The
director shall charge an applicant a fee of ten dollars to access the online written
examination. The online examination must:
a. Use personal questions about the applicant before the examination which the
applicant is required to answer during the examination, to strengthen test security
to deter fraud; and
b. Require the applicant's parent or legal guardian to certify to the department the
parent or legal guardian monitored the applicant during the online written
examination, before issuance by the department of a class D instruction permit to
an applicant who has passed the online examination.
3. The examination must include an actual demonstration of ability to exercise ordinary
and reasonable control in the operation of a motor vehicle unless waived for an
applicant who has successfully passed an actual ability test in this or another state
conducted by a state licensing authority or by a commercial driver training school
meeting the driver education requirements prescribed by the director under chapter
39-25. A minor may operate a motor vehicle no matter how owned for the actual ability
test.
4. In lieu of an eyesight test, the applicant may provide a statement of examination from
a licensed physician or an optometrist stating the corrected and uncorrected vision of
the applicant, if the examination was within six months of the application.
5. The director may require any other physical or mental examination.
### § 39-06-13.1. Fee for examination of applicants.

1. An applicant for an operator's license who is required to be tested to determine the
applicant's knowledge of highway signs, regulating, warning, and directing traffic and
of the traffic laws of this state shall pay a fee listed in section 39-06-49.
2. An applicant for an operator's license who is required to be tested to demonstrate the
applicant's ability to exercise ordinary and reasonable control in the operation of a
motor vehicle shall pay a fee listed in section 39-06-49.
### § 39-06-14. Licenses issued to operators - General - Classified operator's license.

1. Upon the payment of the application fee listed in section 39-06-49, the director shall
issue to every qualified applicant an operator's license. An application for an operator's
license must be made on a form furnished by the director. The operator's license must
bear the full name, date of birth, residence address, and a brief description of the
licensee.
2. The license must bear either a facsimile of the signature of the licensee or a space
upon which the licensee shall write the licensee's usual signature. An operator's
license is not valid unless signed by the licensee with the licensee's usual signature.
For purposes of verification, the director may require the licensee to write the
licensee's signature in the presence of the director.
3. The operator's license must bear a distinguishing number assigned to the licensee.
The director may not issue a distinguishing number that is, contains, can be converted
to, or is an encrypted version of the applicant's social security number.

4. The operator's license must bear a color photograph of the licensee. The director may
adopt rules relating to the manner in which photographs are to be obtained and placed
on an operator's license. The photograph may be produced by digital imaging or other
electronic means and is not a public record. If the licensee is under the age of
eighteen, the photograph must be against a color border or background that is
different from the color used for other licensees. If the licensee is at least the age of
eighteen and is under the age of twenty-one, the photograph must be against a color
border or background that is different from the color used for other licensees.
5. The director shall issue an operator's license to any resident who at the time of
application is not a citizen of the United States and who fulfills the requirements of this
section. The license must be designed in a manner to distinguish the license clearly
from a similar license issued to a citizen of the United States and resident of this state.
Upon the issuance of a license, the department of transportation shall provide a written
notice that indicates the naturalized individual shall contact the department of
transportation to update the individual's citizenship status. The individual shall update
the citizenship status within forty-five days following naturalization. The director shall
replace the license with a card issued to a citizen of this country and resident of this
state only when proof of United States citizenship is provided by the individual and the
replacement fee listed in section 39-06-49 is paid. For licenses issued under this
subsection before August 1, 2023, the department of transportation shall provide by
mail to each licenseholder a written notice that indicates within the forty-five days
following naturalization, the naturalized individual shall contact the department of
transportation to update the individual's citizenship status.
6. Upon request and with adequate documentation, the director shall place an indicator
on the face of an operator's license of a veteran. The veteran may make the request
through the department of veterans' affairs.
7. An applicant holding a valid operator's license issued by this state and making
application for renewal must be issued a class D license without being subjected to a
written or actual ability examination. The director shall issue to any other applicant
applying for issuance of an operator's license a classified license after a successful
examination in the type of motor vehicle or combination of vehicles for the particular
class of license and the particular license authorizes the holder to drive the particular
class of vehicles as designated in section 39-06.2-09 or this chapter.
8. An individual with a class D license may operate:
a. A single vehicle with a gross vehicle weight rating of twenty-six thousand pounds
[11793.40 kilograms] or less or this vehicle towing a vehicle with a gross vehicle
weight rating not in excess of ten thousand pounds [4535.92 kilograms] or a
combination of vehicles with a gross combination weight or a gross combination
weight rating in excess of twenty-six thousand pounds [11793.40 kilograms] if the
individual is eighteen years of age or older, unless the individual is driving a farm
vehicle and meets the requirements of subdivision e of subsection 7 of this
section and subsection 3 of section 39-06.2-06.
b. A farm tractor towing another vehicle having a gross weight in excess of ten
thousand pounds [4535.92 kilograms].
c. A truck towing a trailer in excess of ten thousand pounds [4535.92 kilograms] if
the combined weight does not exceed twenty-six thousand pounds [11793.40
kilograms] gross combination weight rating.
d. A house car or a vehicle towing a travel trailer being used solely for personal
purposes.
e. A two-axle or tandem-axle motor vehicle, a triple-axle motor vehicle, and a truck
or truck tractor towing a trailer, semitrailer, or farm trailer if the individual is
exempted from a commercial driver's license under subsection 3 of section
39-06.2-06, except the individual may not operate a double trailer or triple trailer
and an individual under eighteen years of age may not operate a truck tractor or a
bus designed to carry sixteen or more passengers, including the driver.

9. Any holder of a classified license who drives a motor vehicle otherwise than as
permitted by the class of license issued to the holder is deemed to be driving a motor
vehicle without being duly licensed. The holder of a classified license who desires to
obtain a different class license must exchange or renew the license. The director may
adopt rules on renewals or exchanges for the proper administration of this chapter.
### § 39-06-14.1. Motorcycle operator's licenses and motorized bicycles.

1. A resident of this state who is at least fourteen years of age may apply to the director
for a class M learner's permit. An individual holding a class M learner's permit for the
operation of a motorcycle may not operate the motorcycle during the hours when the
use of headlights are required under section 39-21-01 or carry or transport any
passenger. Any learner's permit may be renewed or a new permit issued for an
additional period.
2. An individual with a class M license may operate any motor vehicle having a seat or
saddle for the use of the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding motorized bicycles and tractors.
a. The holder of a class A, B, C, or D license may receive a class M endorsement
upon successful completion of an examination. The director may waive the skill
portion of the examination if the applicant has successfully completed a
motorcycle safety course approved by the director.
b. An applicant sixteen years of age and older, who does not hold a current valid
operator's license, may be issued a class M learner's permit after successful
completion of a written examination. The class M license must be issued after the
applicant has successfully completed a driver's examination. The director may
waive the skill portion of the examination if the applicant has successfully
completed a motorcycle safety course approved by the director.
c. Applicants fourteen or fifteen years of age may be issued a motorcycle learner's
permit if the applicant is enrolled in or has completed an approved motorcycle
safety course. Applicants for a motorcycle operator's license who are under
sixteen years of age must hold an initial learner's permit for at least two months
before applying for a class M operator's license, must have completed an
approved motorcycle safety course, and must hold a valid motorcycle learner's
permit at the time of application. The director may waive the skill portion of the
examination if the applicant has successfully completed a motorcycle safety
course approved by the director. Any person under sixteen years of age who
holds a permit or license may not operate a motorcycle powered with an engine
in excess of five hundred ten cubic centimeters displacement. Evidence that the
applicant has satisfactorily completed a motorcycle safety course which meets
the minimum requirements of the motorcycle safety foundation must accompany
the application.
3. The director may issue a motorized bicycle operator's permit to an applicant who is at
least fourteen years of age. To obtain a permit, the applicant shall pay a fee as listed in
section 39-06-49 and take a written examination of the applicant's knowledge of traffic
laws and general rules of the road. If the applicant passes the written examination and
the director is satisfied that the applicant has adequate eyesight, the director may
issue the applicant a motorized bicycle operator's permit, even if the applicant does
not have an operator's license. The permit expires in the same manner as an
operator's license. A person who has an operator's license, a temporary permit, an
instruction permit, or a motorcycle permit is not required to obtain a motorized bicycle
operator's permit.
### § 39-06-14.2. Driver license central identity management.

1. The director shall provide central identity management for all state agencies for
citizens who possess a nondriver photo identification card or driver's license using
driver record data. Upon an individual's change in citizenship status under section

individual's updated information as required under section 16.1-02-09.
2. The director will provide access for identity verification. The director may not allow
entities to transfer or collect identification data from the driver's license database, but
shall create processes and procedures that enable verification of data without direct
release of the data, except as authorized in chapter 39-33.
3. The director shall develop procedures to comply with this section.
### § 39-06-14.3. Electronic operator's license.

1. The department shall implement a computerized licensing system that allows a
licensed motor vehicle operator to provide electronic proof of valid licensing on an
electronic communications device.
2. The electronic proof of valid licensing may be used:
a. When being stopped by a law enforcement officer for the purpose of enforcing or
investigating the possible violation of an ordinance or state law; or
b. For identification purposes.
3. The electronic operator's license must be designed so that there is no need for the
credential holder to relinquish possession of the device in which the electronic
credential system is installed in order to present the credential, or for the individual to
whom the credential is presented to access the verification system to confirm the
validity of the credential.
4. The computerized licensing system may not transmit or transfer any information
contained on an electronic operator's license without authorization from the licensed
motor vehicle operator.
5. In case of a discrepancy between a physical and electronic credential, the electronic
credential takes priority and is considered to provide the current information.
6. The electronic credential and verification systems must be designed to protect the
credential holder's privacy, including the use of privacy enhancing technology or other
appropriate methods. If the department enters an agreement with a third-party
electronic credential system provider, the agreement must require the third-party
electronic credential system provider to take appropriate measures to protect the
credential holder's privacy.
7. In addition to the fees required by section 39-06-49 for an operator's license, a
substitute operator's license, and an operator's license renewal:
a. An initial fee of five dollars is required from a licensed motor vehicle operator
seeking to possess an electronic operator's license; and
b. The fee for an electronic operator's license renewal is five dollars.
8. The director may adopt rules necessary for the effective implementation of an
electronic operator's licensing system.
### § 39-06-15. Commissioner may appoint agents to issue licenses - Fees.

Repealed by S.L. 1967, ch. 292, § 21.
### § 39-06-16. License to be carried and exhibited on demand.

An individual licensed to operate a motor vehicle shall have a physical or electronic
operator's license in the individual's immediate possession at all times when operating a motor
vehicle and shall physically surrender or electronically provide an operator's license, upon
demand of any court, police officer, or a field deputy or inspector of the department. However,
an individual charged with violating this section may not be convicted or assessed any court
costs if the individual produces within fourteen days to the office of the prosecutor where the
matter is pending, a valid operator's license issued to that individual that is not under
suspension, revocation, or cancellation at the time of the individual's arrest.

### § 39-06-17. Restricted licenses - Penalty for violation.

1. Upon issuing an operator's license or a temporary restricted operator's license under
section 39-06.1-11, the director may impose restrictions suitable to a licensee's driving
ability with respect to the type of motor vehicle, special mechanical control devices
required on a motor vehicle that the licensee may operate, or any other restrictions
applicable to the licensee as the director may determine to be appropriate to assure
the safe operation of a motor vehicle by the licensee. The director may either issue a
special restricted class D license or may state the restrictions upon the usual license
form. In the same manner, the director shall restrict licenses under section 39-16.1-09.
2. The director may issue a restricted class D license to operate the parent's, guardian's,
grandparent's, sibling's, aunt's, or uncle's automobile to a minor, who is at least fifteen
years of age, and otherwise qualified, upon the written recommendation of the parent
or guardian. A minor may operate a motor vehicle that is not the parent's or guardian's
to take the actual ability test. The parent, guardian, grandparent, sibling, aunt, or uncle
at all times is responsible for any and all damages growing out of the negligent
operation of a motor vehicle by a minor. A restricted class D license may not be issued
to a minor unless the minor, accompanied by the parent or guardian, appears in
person and satisfies the director that:
a. The minor is at least fifteen years of age;
b. The minor is qualified to operate an automobile safely;
c. It is necessary for the child to drive the parent's, guardian's, grandparent's,
sibling's, aunt's, or uncle's automobile without being accompanied by an adult;
d. The minor has successfully completed an approved driver's education course that
includes a course of classroom instruction and a course of behind-the-wheel
instruction acceptable to the director or has successfully completed a course at
an approved commercial driver training school; and
e. The minor has accumulated a minimum of fifty hours of supervised,
behind-the-wheel driving experience in various driving conditions and situations
that include night driving; driving on gravel, dirt, or aggregate surface road;
driving in both rural and urban conditions; and winter driving conditions.
3. The provisions of subsection 2 do not authorize a minor to drive a commercial truck,
motorbus, or taxicab except the holder of a restricted class D license may drive a farm
motor vehicle having a gross weight of fifty thousand pounds [22679.62 kilograms]
while used to transport agricultural products, farm machinery, or farm supplies to or
from a farm when so operated within one hundred fifty miles [241.40 kilometers] of the
driver's farm.
4. A minor with a restricted class D license issued under subsection 2 may operate the
type or class of motor vehicle specified on the restricted license under the following
conditions:
a. A restricted licenseholder must be in possession of the license while operating
the motor vehicle.
b. An individual holding a restricted class D license driving a motor vehicle may not
carry more passengers than the vehicle manufacturer's suggested passenger
capacity.
c. An individual holding a restricted class D license driving a motor vehicle may not
operate an electronic communication device to talk, compose, read, or send an
electronic message while operating a motor vehicle that is in motion unless the
sole purpose of operating the device is to obtain emergency assistance, to
prevent a crime about to be committed, or in the reasonable belief that an
individual's life or safety is in danger.
d. An individual holding a restricted class D license may not operate a motor vehicle
between the later of sunset or nine p.m. and five a.m. unless a parent, legal
guardian, or an individual eighteen years of age or older is in the front seat of the
motor vehicle or the motor vehicle is being driven directly to or from work, an
official school activity, or a religious activity.

5. Upon receiving satisfactory evidence of any violation of the restrictions of a license,
the director may suspend or revoke the license but the licensee is entitled to a hearing
as upon a suspension or revocation under this chapter.
6. It is a class B misdemeanor for an individual to operate a motor vehicle in any manner
in violation of the restrictions imposed under this section except for the restrictions in
subsection 4.
7. If a temporary restricted license is issued under section 39-06.1-11 and the underlying
suspension was imposed for a violation of section 39-08-01 or equivalent ordinance, or
is governed by chapter 39-20, punishment is as provided in subsection 2 of section
### § 39-06-42. Upon receiving notice of the conviction the director shall revoke, without

opportunity for hearing, the licensee's temporary restricted license and shall extend the
underlying suspension for a like period of not more than one year.
8. If the conviction referred to in this section is reversed by an appellate court, the
director shall restore the individual to the status held by the individual before the
conviction, including restoration of driving privileges if appropriate.
### § 39-06-18. Substitute operator's license.

If an operator's license or nondriver photo identification card issued under this chapter is
lost, mutilated, or destroyed, or contains erroneous information due to a change in name,
address, or for any other reason, the individual to whom the operator's license or identification
card was issued may obtain a substitute, by providing documentation that confirms to the
satisfaction of the director the true identity, date of birth, and legal presence of the applicant and
provide a social security card or other satisfactory evidence of a social security number and
proof of residence address, if not previously completed or if there are changes to the information
already on file, and upon payment of a fee listed in section 39-06-49.
### § 39-06-19. Expiration of license - Renewal.

1. Every operator's license issued under this chapter or chapter 39-06.2 expires and is
renewed according to this section.
2. The expiration date of a noncommercial operator's license for an individual whose birth
occurred in a year ending in an odd numeral is twelve midnight on the anniversary of
the birthday in the third subsequent year ending in an odd numeral, except for an
individual who, at the time of renewal, is seventy-eight years of age or older is twelve
midnight on the anniversary of the birthday in the second subsequent year ending in
an odd numeral. The expiration date of a noncommercial operator's license for an
individual whose birth occurred in a year ending in an even numeral is twelve midnight
on the anniversary of the birthday in the third subsequent year ending in an even
numeral, except for an individual who, at the time of renewal, is seventy-eight years of
age or older is twelve midnight on the anniversary of the birthday in the second
subsequent year ending in an even numeral.
3. The expiration date of a commercial operator's license for an individual whose birth
occurred in a year ending in an odd numeral is twelve midnight on the anniversary of
the birthday in the second subsequent year ending in an odd numeral. The expiration
date of a commercial operator's license for an individual whose birth occurred in a year
ending in an even numeral is twelve midnight on the anniversary of the birthday in the
second subsequent year ending in an even numeral.
4. An individual who has a valid, unexpired nonimmigrant visa or nonimmigrant visa
status for entry into the United States, a pending application for asylum in the United
States, a pending or approved application for temporary protected status in the United
States, approved deferred action status, or a pending application for adjustment of
status to that of an alien lawfully admitted for permanent residence or conditional
permanent residence status in the United States will be issued a temporary operator's
license or nondriver photo identification card. The temporary operator's license or
identification card is valid only during the period of time of the applicant's authorized
stay in the United States or, if there is no definite end to the period of authorized stay,

a period of one year. The license or card may be renewed only upon presentation of
valid documentary evidence that the status has been extended.
5. An applicant for renewal must present the application with the fee for renewal of
license to the director not before ten months prior to the expiration date of the
operator's license. The director may require an examination of an applicant as upon an
original application. The director may require an applicant for renewal or a substitute to
provide documentation that confirms to the satisfaction of the director the true identity,
date of birth, and legal presence of the applicant and provide a social security card or
other satisfactory evidence of a social security number and proof of residence
address, if not previously completed or if there are changes to the information already
on file. The director may not issue a distinguishing number that is, contains, can be
converted to, or is an encrypted version of the applicant's social security number.
6. The director may not renew an operator's license if the license has been suspended
under section 14-08.1-07. Upon the recommendation of the court, the director may
issue a temporary permit to the licensee under section 39-06.1-11 if the temporary
permit is necessary for the licensee to work and the court has determined the licensee
is making a good-faith effort to comply with the child support order.
7. An applicant for renewal of an operator's license must provide a certificate of
examination from the driver licensing or examining authorities or a statement as to the
corrected and uncorrected vision of the applicant from a licensed physician or an
optometrist, except as required under subsection 9. The director shall provide visual
examination equipment at each location where a license may be renewed.
8. An individual submitting an application and the fee for renewal of license one year or
more after the expiration of a license, except an applicant whose military service has
terminated less than thirty days prior to the application, must be treated as an initial
applicant.
9. A noncommercial applicant may apply by mail or electronically for renewal of a license
during every other renewal cycle, except as otherwise provided by subsection 10. The
director may use vision information provided by the applicant to meet vision
requirements for applicants under seventy years of age and adopt procedures
necessary to implement this subsection.
10. A noncommercial applicant for an operator's license may not renew by mail or
electronically if the applicant is seeking a new photo or changes to the information on
the face of the physical operator's license.
### § 39-06-19.1. Extended term of license held by members of the armed forces -

Limitations.
A valid operator's license issued under this chapter to a resident of this state who enters or
is in the United States armed forces and serving on active duty continues in full force and effect
so long as the active service continues and the licensee remains absent from this state, and for
not to exceed thirty days following the date on which the holder of this license is honorably
separated from this service or returns to this state, unless the license is sooner suspended,
canceled, or revoked for cause. The license is valid only if in the immediate possession of the
licensee while driving and the licensee has the licensee's discharge or separation papers, if the
licensee has been discharged or separated from the service, or has documentation authorizing
the licensee to be absent from the licensee's duty station in the licensee's immediate
possession.
### § 39-06-19.2. Renewal of license held by out-of-state individual.

The director may renew an operator's license issued to an individual who is a resident of
this state or to a spouse who is a resident of this state, if the individual or spouse is out of state
as a result of the employment of the individual or the other spouse with a governmental entity or
a business organization, including the United States armed forces or foreign service. The
director shall develop procedures and requirements for a renewal under this section.

### § 39-06-20. Notice of change of address or name.

If an individual after applying for or receiving an operator's license or identification card
moves from the address named on the license or identification card, or if the name is changed
by marriage or otherwise, that individual within ten days after moving or the name change shall
notify the director in writing or in person of that individual's old and new addresses or of the
individual's former and new names and of the number of any operator's license or identification
card then held by that person. An individual may obtain a corrected operator's license or
identification card for address only changes, but must obtain a new operator's license or
identification card for a name change, by making an application as provided for in section
### § 39-06-18. The department may change the address based on information received from any

authorized address correction service of the United States postal service. The department may
also develop procedures for receiving notification of address changes by electronic means.
### § 39-06-21. Filing application records.

The director shall file and maintain each application for a license with suitable indexes
containing:
1. All applications denied and on each denied application note the reason for the denial;
2. All applications granted; and
3. The name of every licensee whose operator's license has been suspended, revoked,
canceled, or restricted by the department and after each name state the reasons for
such actions.
### § 39-06-22. Driving records of licensees.

The director shall file all accident reports and abstracts of court records of convictions
received by the director under the laws of this state and maintain convenient records or make
suitable notations in order that each record of each licensee showing the convictions of the
licensee and the traffic accidents in which the licensee has been involved is readily
ascertainable and available for the consideration of the director.
### § 39-06-23. Definition of suspension, revocation, and cancellation.

Repealed by S.L. 2013, ch. 291, § 62.
### § 39-06-24. Authority to cancel licenses.

1. The director shall cancel any operator's license or nondriver photo identification card
upon determining that the individual is not entitled to the issuance of the document or
that the individual failed to give the required or correct information on the application or
the fee was invalid. Invalid fees include being in the form of an insufficient fund or
no-account check or a credit or debit card in which the transaction was canceled by
the applicant before the department received correct payment. The making of a false
statement in any application for an operator's license or nondriver photo identification
card, concerning the applicant's age or the prior loss of driving privileges through a
cancellation, suspension, revocation, or similar sanction in any state, is grounds for the
director to cancel any document or privilege issued on the basis of the application.
2. Upon cancellation, the holder shall surrender the nondriver photo identification card to
the director or any police officer may take custody of the card.
### § 39-06-25. Suspending privileges of nonresidents.

The privilege of driving a motor vehicle on the highways of this state given to a nonresident
is subject to suspension or revocation by the director in like manner and for like cause as an
operator's license issued in this title may be suspended or revoked.
### § 39-06-26. Reporting convictions, suspensions, or revocations of nonresidents.

1. Upon receiving a record of the conviction or adjudication in this state of a nonresident
driver of a motor vehicle of any offense under the motor vehicle laws of this state, or

an equivalent ordinance, the director may notify the licensing authority in the state in
which the nonresident resides or is licensed.
2. If a nonresident's operating privilege is suspended or revoked under the law of this
state, the director shall notify the licensing authority in the state in which the
nonresident resides or is licensed.
### § 39-06-27. Suspending licenses upon conviction, suspension, or revocation in another

jurisdiction.
1. The director may suspend or revoke the operator's license of any resident of this state
or the privilege of a nonresident to operate a motor vehicle in this state upon receiving
notice of the conviction of that individual in a tribal court or in another state of an
offense, which if committed in this state would be grounds for the suspension or
revocation of an operator's license of an operator. The director may act on a report of a
conviction in tribal court received from any tribal law enforcement agency. This section
may not be construed as authorizing the assessment of points against a resident's
driving record in accordance with chapter 39-06.1, except upon conviction of a
resident driver for a criminal offense in a tribal court or in another state which is
equivalent to one of those offenses defined in section 39-06.1-05. A suspension or
revocation may not be imposed for convictions for driving under suspension or
revocation on an Indian reservation or in another state if a valid operator's license from
this state was in effect at the time of the violation. For purposes of this section,
originals, photostatic copies, and electronic transmissions of the records of the driver's
licensing or other authority of the other jurisdiction are sufficient evidence even if not
certified copies.
2. Upon receipt of a certification that the operating privileges of a resident of this state
have been suspended or revoked on an Indian reservation or in any other state under
a law providing for the suspension or revocation for failure to deposit security for the
payment of judgments arising out of a motor vehicle accident if under circumstances
that would require the director to suspend a nonresident's operating privileges had the
accident occurred in this state, the director shall suspend the license of the resident if
the resident was the driver of a motor vehicle involved in the accident. The suspension
continues until the resident furnishes evidence satisfactory to the director of the
resident's compliance with the laws of the Indian reservation or the other state relating
to the deposit of security or payment of a judgment arising out of a motor vehicle
accident, to the extent that compliance would be required if the accident had occurred
in this state.
### § 39-06-28. Courts to forward license to director upon certain convictions.

If an individual is convicted of any offense for which this chapter requires the revocation of
the operator's license of that individual by the director, the court of the conviction shall require
the surrender to the court of any operator's license then held by the convicted individual. The
court shall then forward the operator's license and a record of the conviction to the director.
### § 39-06-29. Courts to report records of certain convictions.

Repealed by S.L. 1981, ch. 386, § 3.
### § 39-06-29.1. Authority to suspend licenses of juveniles.

Repealed by S.L. 1983, ch. 415, § 39.
### § 39-06-30. Conviction - Meaning and effect.

Repealed by S.L. 2013, ch. 291, § 62.
### § 39-06-31. Revocation of licenses.

1. A period of revocation is at least thirty days and not more than one year, unless
otherwise provided by law.

2. The director shall revoke for a period of one year or for a period as may be
recommended by the trial court, the operator's license of an individual upon receiving a
record of the individual's conviction of any of the following offenses:
a. A felony in which a motor vehicle was used in the commission of the felony.
b. A misdemeanor resulting from the operation of a motor vehicle and causing
serious bodily injury, as defined in section 12.1-01-04, to another individual.
c. The making of a false affidavit or statement under oath to the director under this
chapter or under any other law relating to the ownership or operation of motor
vehicles.
3. The revocation of the license under this section may be beyond any time of
imprisonment or court-ordered addiction treatment.
### § 39-06-32. Authority to suspend licenses.

The director may suspend the operator's license of an individual, after hearing, upon
proof by a fair preponderance of the evidence, that any of the following apply to the licensee:
1. Commission of an offense for which mandatory revocation of license is required upon
conviction.
2. Incompetence to drive a motor vehicle.
3. Unlawful or fraudulent use of an operator's license.
4. Refusal to submit to an implied consent chemical test on an Indian reservation or in
another state. For purposes of this subsection, the specific requirements for
establishing a refusal used on the Indian reservation or in the other state may not be
considered, and photostatic copies of the records of the other jurisdiction's driver's
licensing authority are sufficient evidence of the refusal whether those copies are
certified. The suspension must be for the same length of time as the revocation in
section 39-20-04. If the refusal arose out of an arrest or stop of an individual while
operating a commercial motor vehicle, the period of suspension must be the same as
the period of revocation provided in section 39-06.2-10.
5. Failure, as shown by the certificate of the court, to pay a fine or serve any other
sentence as ordered by a court upon conviction for any criminal traffic offense.
6. Failure, as shown by the certificate of the court, to appear in court or post and forfeit
bond after signing a promise to appear, if signing is required by law, in violation of
section 39-06.1-04, willful violation of a written promise to appear in court, in violation
of section 39-07-08, or violation of equivalent ordinances or laws in another
jurisdiction. Upon resolution by the operator of the underlying cause for a suspension
under this subsection, as shown by the certificate of the court, the director shall record
the suspension separately on the driving record. This separate record is not available
to the public.
7. An administrative decision on an Indian reservation or in another state that the
licensee's privilege to drive on that Indian reservation or in that state is suspended or
revoked because of a violation of that Indian reservation's or state's law forbidding
motor vehicle operation with an alcohol concentration of at least eight one-hundredths
of one percent by weight or, with respect to a person under twenty-one years of age,
an alcohol concentration of at least two one-hundredths of one percent by weight, or
because of a violation of that Indian reservation's or state's law forbidding the driving
or being in actual physical control of a commercial motor vehicle while having an
alcohol concentration of at least four one-hundredths of one percent by weight. The
specific requirements for establishing the violation on the Indian reservation or in the
other state may not be considered and certified copies of the records of the Indian
reservation's or other state's driver's licensing authority are sufficient evidence of the
violation. The suspension must be for the same duration as the suspension in section
39-20-04.1, if the violation does not involve a commercial motor vehicle. If the violation
involves a commercial motor vehicle, the period of suspension must be the same as
the period of suspension provided in section 39-06.2-10. For purposes of this section,
originals, photostatic copies, or electronic transmissions of the records of the driver's

licensing or other authority of the other jurisdiction are sufficient evidence whether they
are certified copies.
8. Conviction of an offense under this title and it appears from the director's records that
the offense contributed to causing an accident which resulted in death or serious
personal injury or serious property damage. A suspension may not be imposed if the
individual has been sanctioned for the same offense under section 39-06-31.
### § 39-06-32.1. Suspension of child's driving privileges.

Upon receipt of a copy of an order of a juvenile court ordering the suspension of a child
operator's license, the director shall suspend the operator's license and make notation of the
length of time of the suspension. During the time of the suspension, an application for a class D
instruction permit may not be accepted from the child. For purposes of this section, "child" is
defined by section 27-20.4-02.
### § 39-06-33. Hearings on suspension or revocation.

1. If an operator's license is suspended or revoked under section 39-06-32 or 39-06.1-10
or chapter 39-16 or 39-16.1, the director shall give notice of intention to suspend to the
licensee by mailing the notice to the licensee at the address of record in the
department under section 39-06-20. Actual notice of the opportunity for a hearing
under this section must be deemed to have occurred seventy-two hours after the
notice is mailed by regular mail. The licensee has ten days after the date of mailing of
the notice to request, in writing or by other means authorized by the director, a hearing
on the intended suspension or revocation.
2. Any hearing conducted under this section and any appeal from the decision of the
hearing must be conducted under chapter 28-32, except the hearing must be heard
within sixty days of the receipt of the request for hearing and in the county of the
licensee's residence, unless the parties agree to a different time and place for the
hearing. A hearing under this section may be conducted by telephone, television,
virtual online interface, or other electronic means with the consent of the licensee. At
the hearing, the regularly kept records of the director may be introduced and are prima
facie evidence of their content without further foundation.
3. The mailing of the decision and the resulting order by regular mail to the address
recorded in the files of the director under section 39-06-20 is sufficient notice. If a
suspension is ordered, a re-examination of the licensee may be required.
4. If a suspension is ordered under subsection 2 of section 39-06-32, the notice must
include a specific description of the conditions which led to the conclusion that the
licensee is incompetent to drive a motor vehicle. If during the suspension those
conditions dissipate, the licensee may request another hearing on the issue of
competence to drive a motor vehicle. The hearing must be held in the manner required
under subsections 2 and 3 for the original suspension.
### § 39-06-33.1. Authority to suspend licenses after traffic death or injury - Show cause

order required.
Repealed by S.L. 1987, ch. 460, § 16; S.L. 1987, ch. 461, § 4.
### § 39-06-34. Director may require re-examination.

In addition to any other power, the director, having good cause to believe that an individual
with an operator's license is incompetent or otherwise not qualified for the operator's license,
may upon written notice of at least five days to the individual require the individual to submit to
such physical, mental, or driver's examination as may be deemed necessary by the director. If
the director has good cause to believe that the individual presents an immediate danger to the
motoring public, the director may immediately, and without prior notice, suspend the operator's
license of the individual pending the examination. The notice of suspension must provide the
individual with the opportunity for a hearing within five days of the receipt of the notice of
suspension. When a hearing is requested, the hearing must be conducted under section

the conclusion of the hearing. Upon the conclusion of the examination, the director shall take
action as may be appropriate and may suspend or revoke the license of the individual or permit
the individual to retain the license, or may issue a license subject to restrictions as permitted
under section 39-06-17. The director may suspend or revoke the operator's license of the
individual for refusal or neglect of the individual to submit to an examination.
### § 39-06-34.1. Court may require re-examination.

In addition to any other powers, the court, upon finding of a moving motor vehicle violation
which leads the court to believe an individual with an operator's license is not qualified for the
operator's license, may direct the director to require the individual to submit to re-examination
under section 39-06-13. Written notice of at least five days must be given to the individual by the
director of the re-examination. Upon the conclusion of the examination, the director shall take
action as may be appropriate and may suspend or revoke the license of the individual or permit
the individual to retain the operator's license, or may issue a license subject to restrictions as
permitted under section 39-06-17. The director may suspend or revoke the operator's license of
the individual for refusal or neglect of the individual to submit to the examination.
### § 39-06-35. Period of suspension.

1. After the period of suspension imposed under this title, the operator's license of an
individual that has been suspended remains suspended and may not be returned or
reinstated until the individual pays to the director a reinstatement fee as listed in
section 39-06-49. If applicable, the operator's license may not be returned until
compliance with subsection 4 of section 39-06.1-10. Upon payment of the
reinstatement fee the license must be returned to the individual. If the individual
submits payment of the reinstatement fee with a check, credit card, or debit card and
the individual stops payment on the transaction, the director shall reimpose the
suspension until the director receives proper payment.
2. A reinstatement fee is not required for a license to be returned to the operator if the
return of the license is due to the findings of a hearing, re-examination of hearing, or
court or judicial review under chapter 39-06, 39-06.1, or 39-20.
### § 39-06-36. Restoration of revoked licenses.

An individual whose operator's license has been revoked is not entitled to have the
operator's license renewed or restored unless the revocation was for a cause which has been
removed, except that after the expiration of the revocation period the individual may make
application for a new license, but the director may not then issue a new license unless the
director is satisfied after investigation of the individual's driving records, driving habits, and
driving ability of the individual that it will be safe to grant an operator's license to that individual.
An individual whose operator's license has been revoked must pay to the director a revocation
reinstatement fee as listed in section 39-06-49, in addition to any license renewal fee, for
issuance of a new license. If the individual submits payment of a reinstatement fee with a check,
credit card, or debit card and the individual stops payment on the transaction, the director shall
reimpose a suspension until the director receives proper payment. A reinstatement fee is not
required if a revoked license is reinstated due to the findings of a hearing, re-examination of
hearing, or court or judicial review as provided under chapter 39-06, 39-06.1, or 39-20.
### § 39-06-36.1. Restoration of revoked or suspended licenses - Successful completion of

treatment court.
Upon an individual's successful completion of an approved adult treatment court program, if
ordered by the district court, the director shall reinstate the driving privileges of the individual for
any noncommercial license suspension or revocation imposed under law. A reinstatement fee is
not required for reinstatement of driving privileges under this section.

### § 39-06-37. Duration of multiple suspensions and revocations for separate violations.

1. A suspension, revocation, or cancellation ordered under this title must be deemed to
have commenced when the order is delivered to the licensee at the address of record
in the department under section 39-06-20. Constructive delivery under this section
must be considered as occurring forty-eight hours after the order is mailed to the
person by regular mail.
2. Unless otherwise specifically provided in this title, any suspension, revocation,
cancellation, or denial of licensing ordered under this title must be in addition to, and
run consecutive to, any other or existing suspension, revocation, cancellation, or
denial of licensing ordered for a separate violation.
### § 39-06-38. No operation under foreign license during suspension or revocation in this

state.
Any resident or nonresident whose operator's license in this state has been suspended or
revoked under this title may not operate a motor vehicle in this state under a license, permit, or
registration certificate issued by any other jurisdiction or otherwise during the suspension or
after the revocation until a new operator's license is obtained when and as permitted under this
title.
### § 39-06-39. Review by court.

Repealed by S.L. 1987, ch. 461, § 4.
### § 39-06-40. Unlawful use of license - Penalty.

1. It is a class B misdemeanor for an individual:
a. To display or cause or permit to be displayed or have in possession any
canceled, revoked, fictitious, or fraudulently altered operator's license or
nondriver photo identification card;
b. To lend that individual's operator's license or nondriver photo identification card to
any other individual or knowingly permit the use of that individual's operator's
license or nondriver photo identification card by another individual;
c. To display or represent as an individual's own any operator's license or nondriver
photo identification card not issued to that individual;
d. To fail or refuse to surrender to the director upon demand any operator's license
or nondriver photo identification card that has been suspended, revoked, or
canceled;
e. To permit any unlawful use of an operator's license or nondriver photo
identification card issued to that individual; or
f. To use a false or fictitious name in any application for an operator's license or
nondriver photo identification card or to knowingly make a false statement or to
conceal a material fact or otherwise commit a fraud in the application.
2. Within five days of receiving a record of conviction or other satisfactory evidence of the
violation of this section, the director shall revoke the individual's operator's license or
nondriver photo identification card. The director may set the period of revocation, not
to exceed six months.
### § 39-06-40.1. Reproducing operator's license - Penalty.

1. It is unlawful for an individual to print, photograph, photostat, duplicate, alter, or in any
way reproduce any operator's license, nondriver photo identification card, or facsimile
of an operator's license or card, or to print, photograph, photostat, duplicate, alter, or in
any way reproduce any document used in the production of any operator's license or
card or facsimile of an operator's license or card, in a manner that it would be mistaken
for a valid license or document containing valid information, or to display or have in
possession any print, photograph, photostat, duplicate, reproduction, or facsimile
unless authorized by law.

2. It is unlawful for an individual to alter in any manner any operator's license or nondriver
photo identification card or to display or have in possession an altered operator's
license or nondriver photo identification card.
3. An individual violating this section is guilty of a class B misdemeanor.
4. Within five days of receiving a record of conviction or other satisfactory evidence of the
violation of this section, the director shall revoke the operator's license or cancel the
nondriver photo identification card of the individual. The director may set the period of
revocation, not to exceed six months.
### § 39-06-41. Making false affidavit perjury.

Repealed by omission from this code.
### § 39-06-42. Penalty for driving while license suspended or revoked - Impoundment of

vehicle number plates - Authority of cities.
1. Except as provided in section 39-06.1-11, an individual who operates a motor vehicle
on a highway or on public or private areas to which the public has a right of access for
vehicular use in this state while an individual's operator's license is suspended or
revoked in any jurisdiction is guilty of a class B misdemeanor for the first, second, or
third offense within a five-year period. Any subsequent offense within the same
five-year period is a class A misdemeanor.
2. If the suspension or revocation was imposed for violation of section 39-08-01 or
equivalent ordinance or was governed by section 39-06-31 or chapter 39-20, the
sentence must be at least four consecutive days' imprisonment and a fine as the court
deems proper. The execution of sentence may not be suspended or the imposition of
sentence deferred under subsection 3 or 4 of section 12.1-32-02. Forfeiture of bail is
not permitted in lieu of the defendant's personal appearance in open court for
arraignment on a charge under this subsection.
3. A court may dismiss a charge under this section upon motion by the defendant if the
defendant's operator's license is reinstated within sixty days of the date of the offense
and the defendant provides to the court satisfactory evidence of the reinstatement.
Alternatively, upon motion, a court may grant a motion to amend a charge under this
section to a violation of section 39-06-01.
4. In addition to any other punishment imposed, the court may order the number plates of
the motor vehicle owned and operated by the offender at the time of the offense to be
destroyed by the sheriff. If a period of suspension has been extended under
subsection 6 of section 39-06-17, the court may order the number plates to be
destroyed under this subsection. The offender shall deliver the number plates to the
court without delay at a time certain as ordered by the court following the conviction.
The court shall deliver the number plates to the sheriff and notify the department of the
order. An offender who does not provide the number plates to the court at the
appropriate time is subject to revocation of probation.
5. A city may authorize, by ordinance, its municipal judge to order destruction of motor
vehicle number plates by the office of the police officer that made the arrest in the
manner provided in subsection 4.
### § 39-06-43. Extension of license suspension or revocation.

1. The director upon receiving a record of the conviction of an individual upon a charge of
driving a vehicle while the operator's license of the individual was suspended shall
extend the period of that suspension for an additional:
a. Like period not to exceed ninety days if the operator's record for the three years
preceding the most recent violation of section 39-06-42 or equivalent ordinance
shows the individual's operator's license or privilege has not been suspended,
revoked, or denied for a prior violation of section 39-06-42 or equivalent
ordinance;

b. One hundred eighty days if the operator's record for the three years preceding
the most recent violation of section 39-06-42 or equivalent ordinance shows the
individual's operator's license or privilege has been once suspended, revoked, or
denied for a prior violation of section 39-06-42 or equivalent ordinance; or
c. One year if the operator's record for the three-year period preceding the most
recent violation of section 39-06-42 or equivalent ordinance shows the individual's
operator's license or privilege has been at least twice suspended, revoked, or
denied for a prior violation of section 39-06-42 or equivalent ordinance.
2. If the original suspension was imposed for violation of section 39-08-01 or equivalent
ordinance, the director shall extend the period of that suspension for at least six
months. If the suspension of the operator's license resulted solely from failure to
appear in court or to post and forfeit bond on noncriminal traffic violations, there may
be no additional period of suspension. Suspension periods for failure to appear or to
post and forfeit bond on noncriminal traffic violations may be for an indefinite duration.
If the conviction was upon a charge of driving while an operator's license was revoked,
the director may not issue a new operator's license for an additional period of one year
from and after the date the individual would otherwise have been entitled to apply for a
new license. Upon a conviction of an individual for violating a restricted license issued
under section 39-06.1-11 and in which the underlying suspension was imposed for
violating section 39-08-01 or equivalent ordinance or is governed by chapter 39-20,
the director shall extend the period of the underlying suspension in accordance with
subsection 6 of section 39-06-17.
### § 39-06-44. Permitting unauthorized minor to drive.

An individual may not cause or knowingly permit the individual's minor child or ward to
operate a motor vehicle upon any highway if the minor is not authorized under this chapter or in
violation of this chapter.
### § 39-06-45. Permitting unauthorized individual to drive.

An individual may not authorize or knowingly permit a motor vehicle owned by the individual
or under the individual's control to be operated upon any highway by any individual who is not
authorized under this chapter or in violation of this chapter.
### § 39-06-46. Renting motor vehicles - License of renter.

A person may not rent a motor vehicle to an individual unless the individual has an
operator's license or, in the case of a nonresident, the individual has an operator's license under
the laws of the state or country of the nonresident's residence except a nonresident whose
home state or country does not require that an operator be licensed, or unless the renter
certifies that the vehicle will be driven by an individual with an operator's license.
### § 39-06-47. Renting motor vehicle - License inspection.

A person may not rent a motor vehicle to another individual until the lessor has inspected
the operator's license of the individual to whom the vehicle is to be rented, or of the individual by
whom the vehicle shall be driven, and compared and verified the signature on the operator's
license with the signature of the individual written in the lessor's presence.
### § 39-06-48. Renting motor vehicle - Records.

A person renting a motor vehicle to another person shall keep a record of the registration
number of the motor vehicle so rented, the name and address of the lessee to whom the vehicle
is rented, the number of the license of the lessee or the lessee's certified driver, and the date
and place when and where said license was issued. This record must be open to inspection by
any police officer or the director.

### § 39-06-49. Fees - Deposit in state highway fund.

1. All money received under this chapter must be paid monthly into the highway fund in
the state treasury.
2. The fee for:
a. An application for a nondriver photo identification card is eight dollars.
b. Written testing for an application for an operator's license is five dollars.
c. Online written testing for an application for an operator's license is ten dollars.
d. Actual ability testing for an application for an operator's license is five dollars.
e. An application for an operator's license is fifteen dollars.
f. An application for a motorized bicycle operator's permit is ten dollars.
g. A substitute operator's license is eight dollars unless the substitute is for
erroneous information due to a change in name or address, then the fee is three
dollars.
h. An operator's license renewal is fifteen dollars.
i. Reinstatement after suspension is fifty dollars unless the suspension was the
result of a suspension under subsection 3, 4, or 6 of section 39-06-03 or
subsection 2 of section 39-06-32, then the fee is twenty-five dollars, or unless the
suspension was a result of a violation under section 39-08-01 or chapter 39-20,
then the fee is one hundred dollars.
j. Reinstatement after revocation is fifty dollars, unless the revocation was imposed
for a violation of subsection 6 of section 39-06-17 or section 39-06-31, 39-06-43,
or 39-20-04, then the fee is one hundred dollars.
3. Any application for which there is a fee must be accompanied by the proper fee.
### § 39-06-50. Short title.

Repealed by S.L. 2013, ch. 291, § 62.
### § 39-06-51. License to carry warnings and convictions.

Repealed by S.L. 1975, ch. 338, § 1.
### § 39-06-52. Veteran indicator on license.

Repealed by S.L. 2013, ch. 291, § 62.
