39-06-12. Cancellation of an operator's license of a minor upon death of applicant.
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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
39-06-03.1 or 39-06-14, the director shall report to the secretary of state the
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.