North Dakota Administrative Code Title 52 - Motor Vehicle Department
Overview of Title 52 NDAC – Motor Vehicle Department
Title 52 sets out the administrative rules for the North Dakota Motor Vehicle Department (MVD), which operates under the North Dakota Department of Transportation (NDDOT). This Title regulates all aspects of vehicle registration, driver licensing, vehicle safety inspections, and related motor vehicle administration.
Statutory Basis
The authority for Title 52’s rules primarily comes from various chapters in the North Dakota Century Code (NDCC), including:
Chapter 39-04: Vehicle registration, certificates of title, lien filings.
Chapter 39-06: Driver licensing, including issuance, renewal, suspension, revocation.
Chapter 39-08: Vehicle safety inspections.
Chapter 39-10: Motor vehicle dealer regulations.
Chapter 39-12: Traffic violations and penalties.
Chapter 39-15: Commercial driver licensing and motor carrier regulations.
These statutes empower the MVD to adopt administrative rules for implementing, interpreting, and enforcing motor vehicle laws.
Key Provisions of Title 52 NDAC
Title 52 is organized into multiple chapters addressing different motor vehicle topics. The most important chapters include:
1. Driver Licensing (Chapter 52-01)
Rules on issuing driver’s licenses, including age requirements, types of licenses (standard, commercial, motorcycle), and special endorsements.
Procedures for testing (written, vision, road skills).
Renewals, suspensions, revocations, and reinstatements.
Requirements for medical reports and restrictions (e.g., corrective lenses).
Identification cards for non-drivers.
2. Vehicle Registration and Titling (Chapter 52-02)
Procedures for registering vehicles, issuing license plates, and renewal.
Titling requirements, lienholder notifications, and transfer of ownership.
Special plates (veteran, personalized, commercial).
Fees and penalties for late registration or failure to comply.
3. Motor Vehicle Dealers (Chapter 52-03)
Licensing requirements and operating standards for motor vehicle dealers.
Bonding, recordkeeping, and sales reporting.
Rules governing dealer plates, vehicle transfers, and sales practices.
Penalties for violations and grounds for license suspension or revocation.
4. Vehicle Safety Inspections (Chapter 52-04)
Requirements for safety inspections on certain vehicles.
Inspection procedures and approved inspection stations.
Records and reporting of inspections.
5. Commercial Driver Licensing (Chapter 52-05)
Compliance with federal Commercial Motor Vehicle Safety Act.
Procedures for obtaining and renewing commercial driver licenses (CDLs).
Disqualification and penalties for violations.
Important Administrative Concepts
Due process in licensing actions: Drivers and dealers are entitled to notice and hearing before license suspension or revocation.
Compliance and enforcement: The MVD can impose fines, deny licenses, or impose restrictions based on violations.
Safety and fraud prevention: Rules are designed to prevent unsafe drivers and fraudulent sales or registrations.
Coordination with federal law: Commercial driver licensing rules align with federal standards and requirements.
Case Law Related to Title 52 and Motor Vehicle Regulation
Several cases have addressed the interpretation and enforcement of rules under Title 52 and related statutes. Here are some key legal principles illustrated by North Dakota case law:
1. Due Process in License Suspension/Revocation
Courts require the MVD to provide adequate notice and opportunity to be heard before suspending or revoking a driver’s license.
For example, when licenses are suspended for DUI or other violations, courts have held that drivers must receive timely notice of the reasons and have access to administrative hearings.
2. Scope of MVD’s Regulatory Authority
Courts generally uphold the MVD’s broad discretion in issuing or denying licenses, provided the agency acts within statutory authority.
Cases have supported the MVD’s ability to establish reasonable rules for registration, titling, and dealer licensing to protect public safety and prevent fraud.
3. Enforcement of Dealer Regulations
Courts have upheld penalties against dealers for failure to maintain records or comply with bonding and sales laws.
Dealer license revocations are upheld where substantial evidence shows violations of administrative rules or statutes.
4. Traffic Violation and CDL Disqualifications
North Dakota courts have reviewed MVD actions disqualifying commercial drivers for certain offenses, emphasizing the importance of following federal and state regulations.
Cases address challenges to administrative decisions on procedural grounds or statutory interpretation.
Example Case Summaries (Illustrative)
Driver’s License Suspension Case: A driver challenged the MVD’s suspension of his license for refusal of chemical testing under implied consent laws. The court upheld the suspension, finding proper notice was given and that the administrative process was followed.
Dealer License Revocation Case: A motor vehicle dealer contested revocation of their license for failure to maintain sales records. The court affirmed the Commission’s decision, citing the dealer’s repeated violations and failure to comply with NDAC 52-03 provisions.
Commercial Driver Disqualification: A commercial driver challenged disqualification following a traffic violation. The court found the MVD acted within its statutory authority under CDL regulations and federal requirements.
Practical Impact
Drivers must adhere strictly to licensing requirements and have access to administrative hearings if licenses are threatened.
Dealers must maintain meticulous records, meet bonding requirements, and comply with sales and transfer regulations to avoid penalties.
Commercial drivers must follow stringent federal and state regulations, with serious consequences for violations.
The MVD enforces these rules to promote safe and lawful vehicle operation in North Dakota.
Summary
Title 52 NDAC implements North Dakota statutes related to motor vehicle operation, licensing, registration, dealer licensing, and vehicle safety. The administrative code outlines detailed procedures and standards for the Motor Vehicle Department’s functions. North Dakota courts have generally supported the MVD’s regulatory authority, emphasizing due process in licensing actions and enforcement of safety and fraud prevention rules.
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