North Dakota Administrative Code
Title 37 - Department of Transportation
Article 37-03 - Drivers Licensing and Financial Responsibility
Chapter 37-03-01 - General Requirements of Licensing
Section 37-03-01-01 - Definitions

The terms herein shall have the meaning as provided in North Dakota Century Code chapters 39-01 and 39-16, with the latter chapter controlling in cases of conflict, except:

1. "Appropriate licensed addiction treatment program" means any hospital or facility for the treatment of alcoholism or drug-dependent persons or a mental health or retardation service as approved by the director.

2. "Approved course" means any defensive driving course approved by the national safety council and any driving while intoxicated counterattack program approved by the director

3. "Director" means the commissioner's duly appointed and acting director of the driver's license division of the department of transportation, or the director's duly authorized agent, or licensing authority as that term is used in North Dakota Century Code chapter 39-06, 39-06.1, or 39-06.2.

4. "Good cause to believe" or "sufficient evidence" means any information received by the director in writing from:

a. Federal, state, or local authorities;

b. Licensed physicians;

c. Any official as to admissions or adjudication of a traffic offense;

d. Any court as to a conviction of a traffic offense;

e. Any state or private hospital;

f. Any facility for the treatment of alcoholics and drug-dependent persons approved by the state department of health;

g. Any facility licensed as an addiction hospital by the state department of health;

h. Any mental health and retardation service unit;

i. Any federal or state court which indicates that a person may be physically or mentally unable to safely operate a motor vehicle on the highways of the state of North Dakota;

j. Any person who has relevant information in regard to the ability of an applicant for a license, a licensee, or permittee to safely operate a motor vehicle; or

k. Any person on an application for an operator's license, instructional permit, or renewal thereof.

5. "Licensee" means any person who holds a valid operator's license, under the laws of this state.

6. "Policy of insurance" means a motor vehicle liability policy in the amount of twenty-five thousand dollars for bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.

7. "Security" means a cash bond not to exceed twenty-five thousand dollars.

8. "Security requirements" means evidence of proof of compliance by the driver of filing security, obtaining a policy of insurance or a bond as required by North Dakota Century Code chapter 39-16 or 39-16.1.

9. "Underlying suspension" when used in a statute relating to driver's license sanctions means the basic or essential fact or occurrence upon which a suspension has been or may be ordered. Whenever a suspension has two or more concurrent causes, one of which is for an alcohol-related offense or occurrence, the alcohol-related suspension is the underlying suspension.

General Authority: NDCC 28-32-02

Law Implemented: NDCC 39-06, 39-06.1, 39-16-02, 39-16-05