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HB 1093

Wind energy facilities; requiring wind energy facilities lease and distribute royalties equally to certain landowners; effective date.

2025 Regular Session Introduced by Rusty Cornwell

Clarifies who must hold a CDL and adds limited temporary restricted CDLs for agricultural workers, plus farm and hazmat exemptions within federal rules.

Referred to Energy
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Bill Summary · HB 1093

Summary — HB 1093 (North Dakota)

An Act to amend and reenact section 39‑06.2‑06 of the North Dakota Century Code (Commercial Driver’s Licenses); declares an emergency.

Main purpose

HB 1093 updates the state's commercial driver’s license (CDL) statute to clarify who must hold a CDL, to restate and refine statutory exceptions (especially for farm operations and emergency use), to authorize limited short‑term restricted CDLs for certain agricultural workers, and to add a limited exemption from the hazardous‑materials endorsement for specified diesel transport. The bill is enacted as an emergency measure.

Key provisions

  • CDL requirement restated: An individual may not drive a commercial motor vehicle on state highways unless they hold and carry a valid CDL with the applicable endorsements, except in limited, enumerated situations.
  • Explicit exceptions clarified to include (among others):
    • Vehicles used solely for personal (not commercial) use (e.g., house cars or travel trailers used personally).
    • Emergency or firefighting equipment used for preservation of life/property.
    • Vehicles driven for military purposes (subject to 49 C.F.R. limitations).
    • Covered farm vehicles as defined in state law.
  • Farm‑to‑market/farm operations: The chapter’s requirements are waived for farm vehicle operators who meet certain conditions (e.g., vehicle controlled by a farmer, used to transport agricultural products, supplies, or farm machinery to/from the farm, not used as a common/contract carrier, and operated within 150 miles of the farmer’s farm).
  • Small‑political‑subdivision emergency waiver: Individuals employed by a political subdivision with population under 3,000 may be waived to operate vehicles during a local snow/ice emergency when the regular driver is unavailable or more help is needed.
  • Temporary restricted CDLs for agricultural industry workers: Consistent with 49 C.F.R. Part 383.3, the bill permits the knowledge/skills tests to be waived and a restricted CDL issued to employees of agrichemical businesses, custom harvesters, farm retail outlets/suppliers (including tree retailers/suppliers), and livestock feeders for limited short‑term periods within a calendar year (seasonal/temporary authorization).
  • Hazardous materials endorsement exemption: Under 49 C.F.R. Part 383.3 limits, a Class A CDL holder may be exempt from the hazardous‑materials endorsement if (a) acting within employment scope for certain agricultural/farm‑related employers and (b) operating a service vehicle transporting diesel of 1,000 gallons (3,785 liters) or less that is properly marked as “flammable” or “combustible.”
  • Federal compliance provision: The department must follow 49 C.F.R. Part 380, Subpart F before issuing a CDL to someone who previously obtained a commercial learner’s permit.
  • Emergency clause: The Act is declared an emergency measure (intended to take effect immediately on enactment).

Who is affected

  • Commercial drivers (who must hold appropriate CDLs and endorsements).
  • Farmers and farm employees (clarified farm exemptions; short‑term restricted CDLs for agricultural workers).
  • Employees of agrichemical businesses, custom harvesters, farm retailers/suppliers, and livestock feeders (eligible for limited restricted CDLs).
  • Small political subdivisions (may employ non‑regular drivers under emergency waiver).
  • North Dakota Department of Transportation (administration and enforcement; must implement federal compliance requirements).

Timing / Procedure

  • The bill includes an emergency clause, so it is intended to take effect immediately upon enactment (or on the date specified by the enactment).
  • Provisions reference and align with federal regulations (49 C.F.R.), so implementation depends on conformity with applicable federal requirements.

Potential impacts

  • Regulatory clarity: Restates and clarifies existing CDL obligations and common statutory exceptions (farm, emergency, military, personal use).
  • Operational flexibility: Provides seasonal/temporary relief for agricultural employers and workers by authorizing limited restricted CDLs and certain hazmat‑endorsement exemptions under specific conditions.
  • Federal alignment: Continues reliance on federal CDL standards and exemptions; state issuance actions are conditioned on federal rules.
  • Administrative: ND licensing authorities will need to incorporate or continue procedures ensuring compliance with 49 C.F.R. when issuing restricted CDLs and applying exemptions.

(Prepared from the text of the amended ND Century Code section 39‑06.2‑06 included in the bill and the Act’s emergency clause.)

Compiled from official sources — confirm details with the bill’s official record.

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