Sixteen federal parts are adopted, and then an unnumbered paragraph takes the light band back out
The federal safety corpus reaches North Dakota intrastate carriers through a single short administrative chapter, and the most consequential sentence in it has no number.
N.D. Admin. Code 38-04-01-02, read in full on September 2, 2026, opens: “The following parts of title 49, Code of Federal Regulations, including amendments are adopted by reference”. The phrase “including amendments” is a rolling adoption — the state text moves with the federal text rather than freezing at an edition, and no edition date appears anywhere in the chapter.
Sixteen numbered items follow, including Part 382, five separately named subparts of Part 385, two subparts of Part 386, Part 387, and Parts 390 through 397 individually enumerated. It is a broad and specific adoption list.
Then, after item sixteen, without a number of its own, comes the paragraph that decides the answer for a light operation. Vehicles at or below the ceiling, it says, “are exempt from all federal motor carrier safety regulations unless the vehicle is used to transport hazardous materials requiring a placard, the vehicle is designed to transport more than eight passengers, including the driver, for compensation, or unless the vehicle is designed to transport more than fifteen people, including the driver not for compensation.”
This is a structural trap rather than a drafting one. Anyone who enumerates the adoption list — and the list is exactly what an adoption question invites you to enumerate — reaches item sixteen and stops, because sixteen is where the numbering ends. The carve-out sits past the last number, and every part of the list above it is qualified by it.
The four weight measures in that sentence are joined in a way that changes the test materially, and that analysis is worked through on our North Dakota hot shot page rather than repeated here. What matters for this page is the structural point: the exemption is not inside the list, it is after it, and reading only the list gives the opposite answer.
Enforcement is assigned in the neighbouring section: the regulations “are binding upon all motor carriers and their employees while operating within or through the state of North Dakota and shall be enforced by the North Dakota highway patrol.”
- Adoption is rolling — “including amendments”, with no edition date in the chapter.
- Sixteen numbered items, including five subparts of Part 385 and two of Part 386.
- The intrastate exemption is an unnumbered paragraph after item sixteen.
- It reaches vehicles at twenty-six thousand pounds or less, absent placarded hazmat or passenger carriage.
- Enforcement is assigned to the North Dakota highway patrol.
- The conjunctive weight-measure analysis is on the North Dakota hot shot page.