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Committee extends restricted commercial-driver permit window to align with federal rule
Summary
The Senate Transportation Committee voted to recommend a due pass on House Bill 1093, which extends the eligibility period for restricted commercial driver’s licenses from 180 to 210 days to match federal regulation.
The Senate Transportation Committee recommended a due pass on House Bill 1093, which updates the duration and eligibility window for restricted commercial driver’s licenses used by employees of agribusinesses, custom harvesters and similar farm-related operations.
Representative Karen Anderson (District 19) told the committee the change — moving from 180 days to 210 days (two 105-day periods within a calendar year) — responds to business needs in agriculture where timing of work is seasonal and hiring windows matter. She asked the committee to declare an emergency clause.
Brad Schafer, director of Driver and Vehicle Services for the North Dakota Department of Transportation, testified that the change aligns North Dakota law with a federal update (49 CFR part 383.3, effective Sept. 29, 2022) and noted the extension allows drivers who use their 90-day periods late in the year to remain eligible the following spring. He said North Dakota issues a relatively small number of these restricted CDLs (about 152 per year) and that the change primarily affects custom or farm-related operations that hire employees who are not the farm owner.
Why it matters: The restricted CDL permits allow non-owner employees to move farm products under a federal farm exemption while maintaining limits on distance and commercial-for-hire operations. Committee members asked practical questions about scope: Schafer said the permits are tied to farm operations, not general-for-hire commercial activity, and described a 150-mile limitation from the farm or place of business.
Clarifying details and constraints - Duration: Extension from 180 days (or two 90-day periods) to 210 days (two 105-day periods) within a calendar year, matching federal regulation. - Scope: Permits apply to employees of agribusinesses, custom harvesters, farm retail outlets and suppliers; they are not a substitute for a full CDL for general-for-hire drivers. - Distance limit mentioned in testimony: 150 miles from the farm or place of business. - Volume: DOT staff said roughly 152 of these restricted CDLs are issued annually in North Dakota.
Committee action The committee voted for a due pass. Committee members expressed general support for aligning state law with federal rules and for addressing seasonal business needs.
Provenance: - topicintro: clerk reads title and Representative Anderson opens the hearing on HB 1093. - topfinish: clerk calls roll and motion passes on the HB 1093 due pass.
