This text of North Dakota § 39-12-05.3 (Weight limitations for vehicles on highways other than the interstate system) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
system.
1.A person may not operate on a highway that is not part of the interstate system any
vehicle with a single axle that carries a gross weight in excess of twenty thousand
pounds [9071.85 kilograms] or a wheel load over ten thousand pounds [4535.92
kilograms]. A wheel may not carry a gross weight over five hundred fifty pounds
[249.48 kilograms] for each inch [2.54 centimeters] of tire width. Axles spaced forty
inches [101.60 centimeters] apart or less are considered as one axle. On axles spaced
over forty inches [101.60 centimeters] and under eight feet [2.44 meters] apart, the
axle load may not exceed nineteen thousand pounds [8618.26 kilograms] per axle,
with a maximum of thirty-four thousand pounds [15422.14 kilograms] gross weight on
a tandem axle and a maximum of forty-eight
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system.
1. A person may not operate on a highway that is not part of the interstate system any
vehicle with a single axle that carries a gross weight in excess of twenty thousand
pounds [9071.85 kilograms] or a wheel load over ten thousand pounds [4535.92
kilograms]. A wheel may not carry a gross weight over five hundred fifty pounds
[249.48 kilograms] for each inch [2.54 centimeters] of tire width. Axles spaced forty
inches [101.60 centimeters] apart or less are considered as one axle. On axles spaced
over forty inches [101.60 centimeters] and under eight feet [2.44 meters] apart, the
axle load may not exceed nineteen thousand pounds [8618.26 kilograms] per axle,
with a maximum of thirty-four thousand pounds [15422.14 kilograms] gross weight on
a tandem axle and a maximum of forty-eight thousand pounds [21772.32 kilograms]
gross weight on any grouping of three or more axles. The wheel load, in any instance,
may not exceed one-half the allowable axle load. Spacing between axles is measured
from axle center to axle center.
2. Subject to the limitations imposed by subsection 1 on tires, wheel, and axle loads, a
person may not operate on a highway that is not part of the interstate system any
vehicle the gross weight of which exceeds that determined by the formula of:
W = 500 (LN + 12N + 36)
N-1
where W equals the maximum gross weight in pounds on any vehicle or combination
of vehicles; L equals distance in feet between the two extreme axles of any vehicle or
combination of vehicles; and N equals the number of axles of any vehicle or
combination of vehicles under consideration. The gross weight on state highways may
not exceed one hundred five thousand five hundred pounds [47854 kilograms] unless
otherwise posted and on all other highways the gross weight may not exceed eighty
thousand pounds [36287.39 kilograms] unless designated by local authorities for
highways under their jurisdiction for gross weights not to exceed one hundred five
thousand five hundred pounds [47854 kilograms]. Local authorities are encouraged to
assess all roads under their jurisdiction and designate the roads for the appropriate
weight limits allowed under this subsection.
3. The gross weight limitations in subsections 1 and 2 do not apply to equipment the
director and the state highway patrol approve for exemption. The exemption may not
exceed one hundred five thousand five hundred pounds [47854 kilograms]. For every
vehicle approved for exemption the highway patrol shall issue a nontransferable permit
valid for one year. The highway patrol may charge an administrative fee for the permit.
4. a. The director, and local authorities, as to the highways under their respective
jurisdictions, may issue permits authorizing:
(1) A farmer's farm vehicle or a motor carrier hired by a farmer to exceed the
weight limitations stated in subsections 1 and 2 by ten percent. The permits
may not provide for a gross weight in excess of one hundred five thousand
five hundred pounds [47854 kilograms]. The permits must provide only for
the movement of agricultural products:
(a) From the field of harvest to the point of initial storage or to the first
point of sale and transfer of possession during harvest; or
(b) From the point of initial storage to the first point of sale and transfer of
possession during the current year's harvest; or
(2) A specific motor vehicle to exceed the weight limitations stated in
subsections 1 and 2 by ten percent. The permits may not provide for a gross
weight in excess of one hundred five thousand five hundred pounds [47854
kilograms]. The permits must provide only for the collection and transport of
solid wastes, during the period from July fifteenth to December first, and for
the general movement of products during the period from December first to
March seventh.
b. The appropriate jurisdictional authority shall establish an appropriate fee for the
permits and direct how they shall be issued. The highway patrol shall issue the
permits authorized by the director.
5. The director, and local authorities, as to highways under their respective jurisdictions,
may issue permits authorizing all vehicles carrying potatoes or sugar beets to exceed
weight limitations stated in subsections 1 and 2 by ten percent during the period from
July fifteenth to December first. The permits may not provide for a gross weight in
excess of one hundred five thousand five hundred pounds [47854 kilograms]. The
appropriate jurisdictional authority shall establish an appropriate fee for the permits
and direct how they shall be issued. The highway patrol shall issue the permits
authorized by the director.
6. The director may issue a permit for a truck with a gross weight that exceeds one
hundred five thousand five hundred pounds [47854 kilograms], not to exceed one
hundred twenty nine thousand pounds [58513.41 kilograms]. The monthly permit fee is
one hundred dollars per month or seven hundred dollars annually. Annual permits may
be purchased for the period beginning January first and ending December thirty-first or
for a twelve-month period beginning the date of purchase. Vehicle weight under this
subsection is determined according to the formula under subsection 2 of section
39-12-05.
7. The gross weight limitations in subsections 1 and 2 do not apply to movement of a
self-propelled fertilizer spreader if the weight of a single axle does not exceed
twenty-two thousand pounds [9973.03 kilograms] and does not exceed five hundred
fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. The gross
weight limitations in subsections 1 and 2 do not apply to movement of a self-propelled
agricultural chemical applicator if the weight of a single axle does not exceed
twenty-two thousand pounds [9973.03 kilograms] and does not exceed five hundred
fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. The
highway patrol shall issue a seasonal permit for the commercial movement of vehicles
exempted by this subsection. The seasonal permit issued under this subsection or
under subdivision d of subsection 1 of section 39-12-04 entitles an individual with the
permit to operate a vehicle as allowed by either of these provisions. A seasonal permit
issued under this subsection is subject to the requirements of subdivision d of
subsection 1 of section 39-12-04.
8. The weight limitations in subsections 1 and 2 do not apply to equipment the director
and the state highway patrol approve for exemption but the weight limitations in
section 39-12-05 do apply to that equipment. For every vehicle approved for
exemption, the highway patrol shall issue a nontransferable bridge length permit valid
for a single trip or a calendar year.
9. The axle weight limitations in subsection 1 do not apply to movements of implements
of husbandry or equipment with pneumatic tires used for construction which is used by
an agricultural producer while using the equipment for the producer's agricultural,
horticultural, or livestock operations if the maximum wheel load does not exceed five
hundred fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width
and if the gross weight limitation in this section is not exceeded.