§ 39-06-17 — Restricted licenses - Penalty for violation

1. Upon issuing an operator's license or a temporary restricted operator's license under
section 39-06.1-11, the director may impose restrictions suitable to a licensee's driving
ability with respect to the type of motor vehicle, special mechanical control devices
required on a motor vehicle that the licensee may operate, or any other restrictions
applicable to the licensee as the director may determine to be appropriate to assure
the safe operation of a motor vehicle by the licensee. The director may either issue a
special restricted class D license or may state the restrictions upon the usual license
form. In the same manner, the director shall restrict licenses under section 39-16.1-09.
2. The director may issue a restricted class D license to operate the parent's, guardian's,
grandparent's, sibling's, aunt's, or uncle's automobile to a minor, who is at least fifteen
years of age, and otherwise qualified, upon the written recommendation of the parent
or guardian. A minor may operate a motor vehicle that is not the parent's or guardian's
to take the actual ability test. The parent, guardian, grandparent, sibling, aunt, or uncle
at all times is responsible for any and all damages growing out of the negligent
operation of a motor vehicle by a minor. A restricted class D license may not be issued
to a minor unless the minor, accompanied by the parent or guardian, appears in
person and satisfies the director that:
a. The minor is at least fifteen years of age;
b. The minor is qualified to operate an automobile safely;
c. It is necessary for the child to drive the parent's, guardian's, grandparent's,
sibling's, aunt's, or uncle's automobile without being accompanied by an adult;
d. The minor has successfully completed an approved driver's education course that
includes a course of classroom instruction and a course of behind-the-wheel
instruction acceptable to the director or has successfully completed a course at
an approved commercial driver training school; and
e. The minor has accumulated a minimum of fifty hours of supervised,
behind-the-wheel driving experience in various driving conditions and situations
that include night driving; driving on gravel, dirt, or aggregate surface road;
driving in both rural and urban conditions; and winter driving conditions.
3. The provisions of subsection 2 do not authorize a minor to drive a commercial truck,
motorbus, or taxicab except the holder of a restricted class D license may drive a farm
motor vehicle having a gross weight of fifty thousand pounds [22679.62 kilograms]
while used to transport agricultural products, farm machinery, or farm supplies to or
from a farm when so operated within one hundred fifty miles [241.40 kilometers] of the
driver's farm.
4. A minor with a restricted class D license issued under subsection 2 may operate the
type or class of motor vehicle specified on the restricted license under the following
conditions:
a. A restricted licenseholder must be in possession of the license while operating
the motor vehicle.
b. An individual holding a restricted class D license driving a motor vehicle may not
carry more passengers than the vehicle manufacturer's suggested passenger
capacity.
c. An individual holding a restricted class D license driving a motor vehicle may not
operate an electronic communication device to talk, compose, read, or send an
electronic message while operating a motor vehicle that is in motion unless the
sole purpose of operating the device is to obtain emergency assistance, to
prevent a crime about to be committed, or in the reasonable belief that an
individual's life or safety is in danger.
d. An individual holding a restricted class D license may not operate a motor vehicle
between the later of sunset or nine p.m. and five a.m. unless a parent, legal
guardian, or an individual eighteen years of age or older is in the front seat of the
motor vehicle or the motor vehicle is being driven directly to or from work, an
official school activity, or a religious activity.

5. Upon receiving satisfactory evidence of any violation of the restrictions of a license,
the director may suspend or revoke the license but the licensee is entitled to a hearing
as upon a suspension or revocation under this chapter.
6. It is a class B misdemeanor for an individual to operate a motor vehicle in any manner
in violation of the restrictions imposed under this section except for the restrictions in
subsection 4.
7. If a temporary restricted license is issued under section 39-06.1-11 and the underlying
suspension was imposed for a violation of section 39-08-01 or equivalent ordinance, or
is governed by chapter 39-20, punishment is as provided in subsection 2 of section