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Document Citation:
N.D. Admin. Code 38-09-01-05
Header:
NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 38. HIGHWAY PATROL
ARTICLE 9. SAFETY STANDARDS FOR PASSENGER CONTRACT CARRIERS
CHAPTER 1. SAFETY STANDARDS FOR PASSENGER CONTRACT CARRIERS
Date:
08/31/2009
Document:
38-09-01-05. Hours of service.
1. A contract carrier may not permit or require any driver to drive or remain on duty, and the driver may not drive:
a. More than ten hours following eight consecutive hours off duty;
b. If the driver's combined on-duty and drive-time hours equal fifteen hours since last obtaining eight consecutive hours off-duty time; or
c. If the total number of hours of on-duty time and drive time exceed seventy hours in any period of eight consecutive days.
2. The person who employs the driver maintains and retains for a period of six months accurate time records showing the time the driver reports for duty each day, the total number of hours the driver is on duty each day, and the time the driver is released from duty each day.
3. Following twenty-four consecutive hours off, a driver begins a new seven-consecutive-day period and on-duty time is reset to zero.
4. The following rules will apply in determining the time a transport vehicle driver is on or off duty:
a. Time on duty begins when the transport vehicle driver reports for duty and ends when the transport vehicle driver is finally released from duty.
b. Time when the transport vehicle driver is engaged in or connected with the movement of a transport motor vehicle is time on duty even when such vehicle is not actually transporting passengers.
c. Time spent performing any other service for the contract carrier or an associated business during a twenty-four-hour period in which the transport vehicle driver is engaged in or connected with the movement of a transport motor vehicle is time on duty.
5. A transport vehicle driver who encounters an emergency and cannot, because of that emergency, safely complete a transportation assignment within the ten-hour maximum driving time permitted by this rule may drive and be permitted or required to drive a transport motor vehicle for not more than two additional hours in order to complete that transportation assignment or to reach a place offering safety for the occupants of the transport motor vehicle and security for the transport motor vehicle if such transportation assignment reasonably could have been completed within such ten-hour period absent the emergency.
6. No later than January thirty-first of each year, a contract carrier shall inform each of its transport vehicle drivers in writing:
a. That all time spent performing aggregate duty for one or more contract carriers and one or more independent contractors counts as time on duty under this section;
b. About the transport vehicle driver's responsibilities under subsection 7; and
c. About the penalties applicable for failure to comply with subsection 7.
7. A dually employed transport vehicle driver shall:
a. Inform each of the driver's contract employers in writing within five days after entering into an employment relationship with an additional contract carrier; and
b. Ensure that each of the driver's contract carrier employers is kept informed about the transport vehicle driver's work schedule with each of the other employing contract carriers.
8. A contract carrier receiving written notification of dual employment shall retain a copy of the notification for a period of two years after the termination of such dual employment status. A copy shall be made available to representatives of the state for inspection and copying during normal business hours at the contract carrier's system headquarters and at such subsystem headquarters as may be required by the state.
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