N.D. Cent. Code § 39-05-23 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-23
39-05-23. Peace officers to report stolen and recovered motor vehicles to department
Status: repealed

39-05-23. Peace officers to report stolen and recovered motor vehicles to department

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-01-01.1 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-01.1
39-01-01.1. Declaration of legislative intent
Status: in_force

39-01-01.1. Declaration of legislative intent

The legislative assembly in adopting title 39 recognized that the development of a modern

and integrated highway system which is so essential to safe and efficient highway transportation

represents a large investment of public funds. To ensure maximum public benefits from such

investment, authority has been vested in appropriate agencies of government for the

establishment, construction, maintenance, and operation of needed road facilities, within the

limits of funds made available.

Additionally, the legislative assembly recognizes that other functions of government,

established pursuant to title 39 to govern the ownership and use of motor vehicles, also are

supported by public funds and render important public services which contribute to the safe and

efficient use of roads and streets. The responsibilities of state government include such

functions as vehicle registration and titling, driver licensing, financial responsibility, police traffic

supervision, accident investigation and reporting, and use of accident records, traffic operations,

and similar functions conducted under motor vehicle laws affecting motor vehicles and their use.

In fulfilling these responsibilities, the legislative assembly recognizes the necessity that

individual prerogatives be considered secondary to the general welfare and so it is expected

that the officials will adopt such reasonable policies, procedures, rules, and regulations as may

be necessary, within the authority granted by law, and in so doing shall make appropriate use of

recommended standards developed by recognized official groups to ensure a desirable level of

uniformity throughout the state and with other states. Such uniformity is especially important in

the use and application of uniform signs, signals, and markings.

It is expected, further, that the officials will cooperate with each other where such

cooperation is essential, and not otherwise prescribed by law. Moreover, there is also need for

more effective coordination of activities among all branches and levels of government in

carrying out their respective traffic safety responsibilities, including the governor's office, the

state legislative assembly and city councils, the administrative, enforcement, and judicial

officials of the state and its political subdivisions. In all matters of mutual concern, and where

appropriate, cooperation is also encouraged among state officials, officials of other states and

the federal government, and other responsible groups, both public and private.

Highway transportation is a dynamic force in our society and is influenced by new

developments and changing public needs. To keep abreast of foreseeable adjustments, it is

expected that the officials will engage in such research and planning as may be necessary and

as may be provided for in this title. Such efforts should be conducted in cooperation with all

interested public and private groups, and directed towards the development of realistic traffic

accident prevention programs to guide legislative decisions and enlist public support in meeting

immediate and potential needs.

In keeping with the policies herein enunciated, it is the intent of the legislative assembly to

equip each function with the necessary authority to maintain an adequate level of performance

in all functions concerned with the ownership and use of motor vehicles, as they are established

in title 39, consistent with the expanding needs of highway transportation, in order to protect the

public safety, promote the general welfare, and advance the economy of the state.
N.D. Cent. Code § 39-10-12 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-12
39-10-12. When overtaking on the right is permitted
Status: in_force

39-10-12. When overtaking on the right is permitted

1. The driver of a vehicle may overtake and pass upon the right of another vehicle only

under the following conditions:

a. When the vehicle overtaken is making or about to make a left turn; or

b. Upon a roadway with unobstructed pavement of sufficient width for two or more

lines of vehicles moving lawfully in the direction being traveled by the overtaking

vehicle.

2. The driver of a vehicle may overtake and pass another vehicle upon the right only

under conditions permitting such movement in safety. Such movement may not be

made by driving off the roadway.
N.D. Cent. Code § 39-08-22 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-22
39-08-22. Nonpayment for motor fuels - Penalty
Status: in_force

39-08-22. Nonpayment for motor fuels - Penalty

1. For a theft offense in violation of chapter 12.1-23 which involves a person who leaves

the premises of an establishment at which motor fuel is offered for retail sale after

motor fuel was dispensed into the fuel tank of a motor vehicle that that person drove

away without having made due payment or authorized charge for the motor fuel

dispensed, the court may:

a. Upon a person's second conviction, order the suspension of the person's driving

privileges for up to three months; and

b. Upon a person's third or subsequent conviction, order the suspension of the

person's driving privileges for up to six months.

2. As used in this section, "conviction" means a final conviction without regard to whether

sentence was suspended or deferred or probation was granted after the conviction.

Forfeiture of bail, bond, or collateral deposited to secure a defendant's appearance in

court, which forfeiture has not been vacated, is equivalent to conviction.
N.D. Cent. Code § 39-08-19 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-19
39-08-19. Penalty for harassment of domestic animals
Status: in_force

39-08-19. Penalty for harassment of domestic animals

Any person operating a motorcycle, snowmobile, or other motor vehicle who willfully

harasses or frightens any domestic animal, is, upon conviction, guilty of a class B misdemeanor.

If injury or death results to the animal due to such action, such person is liable for the value of

the animal and exemplary damages as provided in section 36-21-13.
N.D. Cent. Code § 39-29.1-08 — ND Code / Title 39 / Chapter 39-29.1 / Section 39-29.1-08
39-29.1-08. Equipment
Status: in_force

39-29.1-08. Equipment

A low-speed vehicle must be equipped with headlamps, front and rear turn signal lamps,

taillamps, stop lamps, red reflex reflectors on each side as far to the rear of the vehicle as

practicable and one red reflector on the rear, brakes, a parking brake, a windshield, a vehicle

identification number, a safety belt assembly installed at each designated seating position, an

exterior mirror mounted on the operator's side of the vehicle, and either an exterior mirror

mounted on the passenger's side of the vehicle or an interior rearview mirror.
N.D. Cent. Code § 39-05-35 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-35
39-05-35. Manufactured homes - Conversion to real property - Procedure - Rules
Status: in_force

39-05-35. Manufactured homes - Conversion to real property - Procedure - Rules

1. a. The owner or, if there is more than one owner, all owners, of a manufactured

home that is covered by a manufacturer's certificate of origin which the owner is

able to produce and that is permanently affixed to real property as defined in

subsection 1 of section 47-10-27, or which the owner intends to permanently affix

to real property as defined in subsection 1 of section 47-10-27, may surrender the

manufacturer's certificate of origin to the manufactured home to the department

by filing with the department an application for surrender of manufacturer's

certificate of origin containing or accompanied by:

(1) The name, residence, and mailing address of the owner;

(2) A description of the manufactured home, including the name of the

manufacturer, the make, the model name, the model year, the dimensions,

the manufacturer's serial number of the manufactured home, whether the

manufactured home is new or used, and any other information the

department requires;

(3) The date of purchase by the owner of the manufactured home, the name

and address of the person from whom the home was acquired, and the

names and addresses of any security interest holders and lienholders in the

order of their apparent priority;

(4) A statement, signed by the owner, stating either:

(a) Any facts or information known to the owner that may affect the

validity of the title to the manufactured home or the existence or

nonexistence of a security interest in or lien on the manufactured

home; or

(b) That no such facts or information are known to the owner;

(5) A copy of the recorded affidavit of affixation as provided in accordance with

subsection 5 of section 47-10-27;

(6) The original manufacturer's certificate of origin;

(7) The name and mailing address of each person wishing written

acknowledgment of surrender from the department;

(8) The applicable fee for filing the application for surrender; and

(9) Any other information and documents the department reasonably requires to

identify the owner of the manufactured home and to enable the department

to determine whether the owner satisfied the requirements of subdivisions a

through c of subsection 6 of section 47-10-27 and is entitled to surrender the

manufacturer's certificate of origin and the existence or nonexistence of

security interests in or liens on the manufactured home.

b. When satisfied of the genuineness and regularity of the surrender of a

manufacturer's certificate of origin to a manufactured home and upon satisfaction

of the requirements of subdivision a, the department shall:

(1) Cancel the manufacturer's certificate of origin and update the department's

records in accordance with the provisions of section 39-05-22; and

(2) Provide written acknowledgment of compliance with the provisions of this

section to each person identified on the application for surrender of a

manufacturer's certificate of origin under paragraph 7 of subdivision a.

c. Upon satisfaction of the requirements of this subsection, a manufactured home

must be conveyed or encumbered as provided in chapter 47-10. If the application

to surrender a manufacturer's certificate of origin is delivered to the department

within sixty days of recording the related affidavit of affixation with the recorder in

the county in which the real property to which the manufactured home is or will be

affixed and the application is thereafter accepted by the department, the

requirements of this subsection are deemed satisfied as of the date the affidavit

of affixation was recorded.

d. Upon written request, the department shall provide written acknowledgment of

compliance with the provisions of this subsection.

2. a. The owner or, if there is more than one owner, all owners, of a manufactured

home that is covered by a certificate of title which the owner is able to produce

and that is permanently affixed to real property as defined in subsection 1 of

section 47-10-27, or which the owner intends to permanently affix to real property

as defined in subsection 1 of section 47-10-27, may surrender the certificate of

title to the manufactured home to the department by filing with the department an

application for surrender of title containing or accompanied by:

(1) The name, residence, and mailing address of the owner;

(2) A description of the manufactured home, including the name of the

manufacturer, the make, the model name, the model year, the dimensions,

the manufacturer's serial number of the manufactured home, whether the

manufactured home is new or used, and any other information the

department requires;

(3) The date of purchase by the owner of the manufactured home, the name

and address of the person from whom the home was acquired, and the

names and addresses of any security interest holders and lienholders in the

order of their apparent priority;

(4) A statement, signed by the owner, stating either:

(a) Any facts or information known to the owner that may affect the

validity of the title to the manufactured home or the existence or

nonexistence of a security interest in or lien on the manufactured

home; or

(b) That no such facts or information are known to the owner;

(5) A copy of the recorded affidavit of affixation provided in accordance with

subsection 5 of section 47-10-27;

(6) The original certificate of title;

(7) The name and mailing address of each person wishing written

acknowledgment of surrender from the department;

(8) The applicable fee for filing the application for surrender; and

(9) Any other information and documents the department reasonably requires to

identify the owner of the manufactured home and to enable the department

to determine whether the owner satisfied the requirements of subdivisions a

through c of subsection 6 of section 47-10-27 and is entitled to surrender the

certificate of title and the existence or nonexistence of security interests in or

liens on the manufactured home.

b. The department may not accept for surrender a certificate of title to a

manufactured home unless and until all security interests or liens perfected under

section 35-01-05.1 have been released.

c. When satisfied of the genuineness and regularity of the surrender of a certificate

of title to a manufactured home and upon satisfaction of the requirements of

subdivisions a and b, the department shall:

(1) Cancel the certificate of title and update the department's records in

accordance with the provisions of section 39-05-22; and

(2) Provide written acknowledgment of compliance with the provisions of this

section to each person identified on the application for surrender of title

under paragraph 7 of subdivision a.

d. Upon satisfaction of the requirements of this subsection, a manufactured home

must be conveyed or encumbered as provided in chapter 47-10. If the application

to surrender a certificate of title is delivered to the department within sixty days of

recording the related affidavit of affixation with the recorder in the county in which

the real property to which the manufactured home is or will be affixed, and the

application is thereafter accepted by the department, the requirements of this

subsection are deemed satisfied as of the date the affidavit of affixation was

recorded.

e. Upon written request, the department shall provide written acknowledgment of

compliance with the provisions of this subsection.

3. a. The owner or, if there is more than one owner, all owners, of a manufactured

home that is not covered by a manufacturer's certificate of origin or a certificate of

title, or of a manufactured home that is covered by a manufacturer's certificate of

origin or certificate of title but which the owner of the manufactured home, after

diligent search and inquiry, is unable to produce, and that is permanently affixed

to real property as defined in subsection 1 of section 47-10-27, or which the

owner intends to permanently affix to real property as defined in subsection 1 of

section 47-10-27, may apply to the department by filing with the department an

application for confirmation of conversion containing or accompanied by:

(1) The name, residence, and mailing address of the owner;

(2) A description of the manufactured home, including the name of the

manufacturer, the make, the model name, the model year, the dimensions,

the manufacturer's serial number of the manufactured home, whether the

manufactured home is new or used, and any other information the

department requires;

(3) The date of purchase by the owner of the manufactured home, the name

and address of the person from whom the home was acquired, and the

names and addresses of any security interest holders and lienholders in the

order of their apparent priority;

(4) A statement, signed by the owner, stating either:

(a) Any facts or information known to the owner that could affect the

validity of the title to the manufactured home or the existence or

nonexistence of a security interest in or lien on the manufactured

home; or

(b) That no such facts or information are known to the owner;

(5) A recorded copy of the affidavit of affixation as provided in accordance with

subsection 5 of section 47-10-27;

(6) A sworn declaration by an attorney duly admitted to practice in this state or

an agent of a title insurance company duly licensed to issue policies of title

insurance in this state that the manufactured home is free and clear of, or

has been released from, all recorded security interests, liens, and

encumbrances; and

(a) Any facts or information known to that person that could affect the

validity of the title of the manufactured home or the existence or

nonexistence of any security interest in or lien on the manufactured

home; or

(b) That no such facts or information are known to that person;

(7) The name and mailing address of each person wishing written

acknowledgment of surrender from the department;

(8) The applicable fee for filing the application for surrender; and

(9) Any other information and documents the department reasonably requires to

identify the owner of the manufactured home and to enable the department

to determine whether the owner satisfied the requirements of subdivisions a

through c of subsection 6 of section 47-10-27 and the existence or

nonexistence of security interests in or liens on the manufactured home.

b. When satisfied of the genuineness and regularity of the application for

confirmation of conversion of a manufactured home and upon satisfaction of the

requirements of subdivision a, the department shall:

(1) Update its records in accordance with the provisions of section 39-05-22;

and

(2) Provide written acknowledgment of compliance with the provisions of this

subsection to each person identified on the application for confirmation of

conversion under paragraph 7 of subdivision a.

c. Upon satisfaction of the requirements of this subsection, a manufactured home

must be conveyed or encumbered as provided in chapter 47-10. If the application

for confirmation of conversion of a manufactured home is delivered to the

department within sixty days of recording the related affidavit of affixation with the

recorder in the county in which the real property to which the manufactured home

is or will be affixed and the application is thereafter accepted by the department,

the requirements of this subsection are deemed satisfied as of the date the

affidavit of affixation was recorded.

d. Upon written request, the department shall provide written acknowledgment of

compliance with the provisions of this subsection.

4. The department may adopt rules to implement the provisions of this section.
N.D. Cent. Code § 39-04-24 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-24
39-04-24. Director to determine weight of motor vehicle when manufacturer's weight unknown
Status: in_force

39-04-24. Director to determine weight of motor vehicle when manufacturer's weight

unknown.

Any motor vehicle not having an advertised manufacturer's weight shall pay a license fee

based upon the actual weight as determined by the director from satisfactory proofs submitted

to the director. Any truck not having a manufacturer's advertised load capacity shall pay a

license fee in accordance with the schedules provided in this chapter and applicable thereto

upon its load capacity as determined by the director upon satisfactory proofs submitted to the

director.
N.D. Cent. Code § 39-10-37 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-37
39-10-37. Starting parked vehicle
Status: in_force

39-10-37. Starting parked vehicle

No person may start a vehicle which is stopped, standing, or parked unless and until such

movement can be made with reasonable safety.
N.D. Cent. Code § 39-21-15 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-15
39-21-15. Lamps, reflectors, and reflective materials on farm tractors, farm equipment, and implements of husbandry
Status: in_force

39-21-15. Lamps, reflectors, and reflective materials on farm tractors, farm

equipment, and implements of husbandry.

1. Every farm tractor, self-propelled unit of farm equipment, or towed implement of

husbandry, manufactured or assembled after January 1, 1980, must at all times, and

every farm tractor, self-propelled unit of farm equipment, or towed implement of

husbandry must, when operated upon the highways of this state during the times

mentioned in section 39-21-01, be equipped as follows:

a. Tractors and self-propelled units of farm equipment must be equipped with two

single-beam or multiple-beam headlamps meeting the requirements of section

39-21-20 or 39-21-22; provided, that a tractor or self-propelled unit of farm

equipment which is not equipped with an electrical system must be equipped with

at least one lamp displaying a white light visible when lighted from a distance of

not less than one thousand feet [304.8 meters] to the front of the vehicle. Every

tractor and self-propelled unit of farm equipment must be equipped with at least

one lamp displaying a red light visible when lighted from a distance of one

thousand feet [304.8 meters] to the rear of the vehicle. In addition, every tractor

and every self-propelled unit of farm equipment must be equipped with two red

reflectors visible from all distances from six hundred feet [182.88 meters] to one

hundred feet [30.48 meters] to the rear when directly in front of lawful lower

beams of headlamps.

b. Every towed unit of farm equipment or implement of husbandry must be equipped

with at least one lamp displaying a red light visible when lighted from a distance

of one thousand feet [304.8 meters] to the rear or two red reflectors visible from

all distances within six hundred feet [182.88 meters] to one hundred feet [30.48

meters] to the rear when directly in front of lawful lower beams of headlamps. In

addition, if the extreme left projection of a towed unit of farm equipment or

implement of husbandry extends beyond the extreme left projection of the towing

tractor or vehicle, the unit or implement must be equipped with at least one amber

lamp or reflector mounted to indicate as nearly as practicable the extreme left

projection and visible from all distances within six hundred feet [182.88 meters] to

one hundred feet [30.48 meters] to the front when illuminated by the lower beams

of headlamps and at least one red lamp or reflector so mounted and visible from

the same distances to the rear.

2. The lamps and reflectors required by this section must be so positioned as to show

from front and rear as nearly as practicable the extreme projection of the vehicle

carrying them on the side of the roadway used in passing the vehicle. If a farm tractor

or a unit of farm equipment, whether self-propelled or towed, is equipped with two or

more lamps or reflectors visible from the front or two or more lamps or reflectors visible

from the rear, the lamps or reflectors must be so positioned that the extreme

projections both to the left and to the right of the vehicle must be indicated as nearly as

is practicable. If all other requirements are met, reflective tape or paint may be used in

lieu of the reflectors required in subdivision b.
N.D. Cent. Code § 39-06.1-10 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-10
39-06.1-10. Entries against driving record - Director duties - Hearings - Demerit schedule - Suspension
Status: in_force

39-06.1-10. Entries against driving record - Director duties - Hearings - Demerit

schedule - Suspension.

1. If a report of a conviction of a traffic offense, or admission or adjudication of a traffic

violation is received by the director, the director shall proceed to enter the proper

points on the licensee's driving record. If the driving record shows that the licensee has

accumulated a total of twelve or more points, assigned on the basis of the schedule

contained in subsection 3, the director shall notify the licensee of the director's

intention to suspend the operator's license under section 39-06-33. For the purposes

of this chapter, the director also may receive and act on reports of traffic offense

convictions forwarded by federal, military, and tribal courts in this state.

2. If the director confirms, after hearing or opportunity for hearing, that the licensee's

driving record has an accumulated point total of twelve or more points, the director

shall suspend the licensee's operator's license according to the following schedule:

Accumulated Point Total: Period of Suspension:

a. Twelve 7 days

b. Thirteen and above 7 days for each point over eleven

3. Points must be assigned and accumulated on the basis of the following schedule:

a. Noncriminal Violations

Noncriminal Adjudication or Admission of: Points Assigned:

(1) Overtime and double parking in violation of city 0 points

ordinances

(2) Failure to display license plates 1 point

(3) Permitting unauthorized minor to drive 2 points

(4) Permitting unauthorized person to drive 2 points

(5) Unlawful stopping, standing, or parking on open 2 points

highway in violation of section 39-10-47

(6) Unlawful parking in prohibited place 1 point

(7) Leaving motor vehicle improperly unattended on 1 point

an open highway

(8) Opening or leaving motor vehicle doors open when 1 point

unsafe to do so

(9) Except as provided in sections 39-21-44 and 2 points

39-21-45.1, knowingly driving with defective,

nonexistent, or unlawful equipment in violation of

section 39-21-46, or equivalent ordinances

(10) Careless driving in violation of section 39-09-01, or 6 points

equivalent ordinance

(11) Violating or exceeding restrictions contained in 4 points

a restricted certificate issued pursuant to section

39-06.1-03

(12) Racing or drag racing motor vehicles in violation 10 points

of section 39-08-03.1, or equivalent ordinance

(13) Exhibition driving in violation of section 39-08-03.1, or 3 points

equivalent ordinance

(14) Failing to yield right of way in violation of 2 points

section 39-10-20, 39-10-22 through 39-10-26,

39-10-28, 39-10-33.3, 39-10-44, or 39-10-72, or

equivalent ordinances

(15) Disobeying an official traffic-control device 2 points

in violation of section 39-10-04, 39-10-05, or

39-10-07, or equivalent ordinances

(16) Driving on wrong side of road in violation of 2 points

section 39-10-08, 39-10-14, or

subsection 1, 2, or 3 of section 39-10-16, or

equivalent ordinances

(17) Failing to dim headlights in violation of section 1 point

39-21-21, or equivalent ordinance

(18) Failing to stop at railroad crossing in violation of section 3 points

39-10-41 or 39-10-42, or equivalent ordinances

(19) Knowingly driving with defective brakes in violation of 2 points

section 39-21-32 or 39-21-33, or equivalent ordinances

(20) Disregarding the lawful commands of a police officer in 2 points

violation of section 39-10-02, or equivalent ordinance

(21) Overtaking where prohibited or in an unsafe manner in 2 points

violation of section 39-10-11, 39-10-12, 39-10-13, or

39-10-15, or equivalent ordinances

(22) Overtaking and passing a schoolbus in violation of 6 points

section 39-10-46, or equivalent ordinance

(23) Operating a motor vehicle without a license in 0 points

violation of section 39-06-01, or equivalent ordinance

(24) Improperly operating or unlawfully carrying 2 points

passengers or packages on a motorcycle in violation

of section 39-10.2-02, or equivalent ordinance

(25) Improperly operating a motorcycle in laned traffic in 2 points

violation of section 39-10.2-03, or equivalent ordinance

(26) Clinging to other vehicles while riding a motorcycle in 4 points

violation of section 39-10.2-04, or equivalent ordinance

(27) Carrying a passenger on a motorcycle not equipped 2 points

with passenger footrests in violation of section

39-10.2-05, or equivalent ordinance

(28) Operating a motorcycle without protective headgear 2 points

in violation of subsection 1 of section 39-10.2-06, or

equivalent ordinance

(29) Failing to use the care required in section 39-09-01.1, 2 points

or equivalent ordinance

(30) Except as provided in paragraph 33, operating a motor

vehicle in excess of speed limit in violation of section

39-09-02, or equivalent ordinance

6 - 10 mph over limit 0 points

11 - 15 mph over limit 1 point

16 - 20 mph over limit 3 points

21 - 25 mph over limit 5 points

26 - 35 mph over limit 9 points

36 - 45 mph over limit 12 points

46 + mph over limit 15 points

(31) Driving in violation of section 39-08-18 2 points

(32) Driving in violation of section 39-08-09 6 points

(33) On a highway on which the speed limit is posted in

excess of sixty-five miles [104.61 kilometers] an hour,

operating a motor vehicle in excess of the speed limit

in violation of section 39-09-02, or equivalent ordinance

Miles per hour over lawful speed limit Points

1 - 5 0

6 - 10 1

11 - 15 3

16 - 20 5

21 - 25 7

26 - 30 10

31 - 35 12

36 + 15

(34) Failing to have a minor in a child restraint system 1 point

or seatbelt in violation of section 39-21-41.2

(35) Failure or refusal to comply with rules of the 0 points

superintendent of the highway patrol in violation

of subsection 3 of section 39-21-46

(36) Violation of section 39-21-44 or any rule adopted 2 points

under that section

(37) Except as provided in paragraph 39, operating a motor 6 points

vehicle without liability insurance, in violation of

section 39-08-20

(38) Except as provided in paragraph 39, operating a motor 12 points

vehicle without liability insurance, in violation of

section 39-08-20, if the driving record shows that the

licensee has within the eighteen months preceding the

violation previously violated section 39-08-20

(39) Operating a motor vehicle without liability insurance, 14 points

in violation of section 39-08-20, if the violation was

discovered as the result of investigation of an accident

in which the driver is the owner

(40) Driving a modified motor vehicle in violation of section 1 point

39-21-45.1, or equivalent ordinance

(41) Driving in violation of the conditions of 2 points

an instructional permit.

b. Criminal Violations

Conviction of: Points Assigned:

(1) Reckless driving in violation of section 39-08-03, or 8 points

equivalent ordinance

(2) Aggravated reckless driving in violation of section 12 points

39-08-03, or equivalent ordinance

(3) Leaving the scene of an accident involving property 14 points

damage in violation of section 39-08-05, 39-08-07,

or 39-08-08, or equivalent ordinances

(4) Leaving the scene of an accident involving personal 18 points

injury or death in violation of section 39-08-04, or

equivalent ordinance

(5) Violating restrictions in a restricted license issued 3 points

under section 39-06-17 and relating to the use of

eyeglasses or contact lenses while driving

(6) Violating any restrictions other than those listed in 4 points

paragraph 5, contained in a restricted license issued

under section 39-06-17 or 39-06.1-11

(7) Except as provided in paragraph 9 of subdivision a, 2 points

knowingly operating an unsafe vehicle in violation of

section 39-21-46, or equivalent ordinance

(8) Fleeing in a motor vehicle from a peace officer in 24 points

violation of section 39-10-71, or equivalent ordinance

(9) Causing an accident with an authorized emergency 2 points

vehicle or a vehicle operated by or under the control

of the director used for maintaining the state highway

system in violation of subsection 5 of section 39-10-26,

or equivalent ordinance

4. a. If the director is informed by a court that an individual has been convicted of

violating section 39-08-01, or equivalent ordinance, the director, subject to the

offender's opportunity for hearing under subsection 1, shall suspend that

individual's operator's license until the offender furnishes to the director the

written statement of the counselor or instructor of an appropriate licensed

addiction treatment program that the offender does not require either an

education or treatment program or that the offender has physically attended the

prescribed program and has complied with the attendance rules. The director

shall send notice to the offender informing the offender of the provisions of this

subsection.

b. If within the seven years preceding the most recent violation of section 39-08-01,

or equivalent ordinance, the offender has previously violated section 39-08-01, or

equivalent ordinance, at least three times, the driving privileges must be

suspended and may be restored only after the offender has completed addiction

treatment through an appropriate licensed addiction treatment program and has

had no alcohol-related or drug-related offense for two consecutive years after

completion of treatment. The offender must receive a temporary restricted license

during the suspension period, in accordance with section 39-06.1-11.

5. If judicial disposition of a traffic violation includes an order or recommendation of

suspension or revocation of an operator's license, the suspension or revocation runs

concurrently with any suspension ordered under this section. After a conviction of an

individual for violating section 39-08-01, the director, in suspending the individual's

operator's license, shall give credit for the time in which license suspension or

revocation has been or is being imposed under chapter 39-20 in connection with the

same offense.

6. A suspension must be deemed to have commenced twenty days after the order of

suspension is delivered to the licensee at the licensee's address of record in the

department. Constructive delivery under this section must be considered as occurring

seventy-two hours after proper deposit in the mails.

7. Points assigned under this section must be recorded against an operator's driving

record regardless of whether the operator has ever had an operator's license issued in

this state, and the director shall maintain records on all violators regardless of

licensure. Upon the assignment of twelve or more points, any unlicensed operator

must be deemed to be driving under suspension if the operator has never had an

operator's license or if the operator has failed to renew the operator's license.

8. The period of suspension imposed for a violation of section 39-08-01, 39-08-01.2, or

39-08-01.4 or equivalent ordinance is:

a. Ninety-one days if the operator's record shows the individual has not violated

section 39-08-01 or equivalent ordinance within the seven years preceding the

last violation.

b. One hundred eighty days if the operator's record shows the individual has not

violated section 39-08-01 or equivalent ordinance within the seven years

preceding the last violation and the violation was for an alcohol concentration of

at least eighteen one-hundredths of one percent by weight.

c. Three hundred sixty-five days if the operator's record shows the individual has

once violated section 39-08-01 or equivalent ordinance within the seven years

preceding the last violation.

d. Two years if the operator's record shows the individual has at least once violated

section 39-08-01 or equivalent ordinance within the seven years preceding the

last violation and the violation was for an alcohol concentration of at least

eighteen one-hundredths of one percent by weight.

e. Two years if the operator's record shows the individual has at least twice violated

section 39-08-01 or equivalent ordinance within the seven years preceding the

last violation.

f. Three years if the operator's record shows the individual has at least twice

violated section 39-08-01 or equivalent ordinance within the seven years

preceding the last violation and the violation is for an alcohol concentration of at

least eighteen one-hundredths of one percent by weight.

9. If an individual has a temporary restricted driver's license with the restriction the

individual participates in the twenty-four seven sobriety program under chapter 54-12,

the individual may operate a motor vehicle during the suspension periods under this

section.
N.D. Cent. Code § 39-21-35 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-35
39-21-35. Hydraulic brake fluid
Status: repealed

39-21-35. Hydraulic brake fluid

Repealed by S.L. 2025, ch. 372, § 1.
N.D. Cent. Code § 39-06-06 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-06
39-06-06. Temporary operator's permit
Status: in_force

39-06-06. Temporary operator's permit

The director may issue a temporary operator's permit for the operation of a motor vehicle to

an applicant for an operator's license pending an investigation and determination of facts

relative to the applicant's right to receive an operator's license. The permit must be in the

applicant's immediate possession while operating a motor vehicle and is invalid if the applicant's

license has been issued or denied.
N.D. Cent. Code § 39-10-36 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-36
39-10-36. Limitations on turning around
Status: in_force

39-10-36. Limitations on turning around

1. The driver of any vehicle may not turn such vehicle so as to proceed in the opposite

direction unless such movement can be made in safety and without interfering with

other traffic.

2. No vehicle may be turned so as to proceed in the opposite direction upon any curve,

or upon the approach to or near the crest of a grade, where such vehicle cannot be

seen by the driver of any other vehicle approaching from either direction within five

hundred feet [152.4 meters].
N.D. Cent. Code § 39-06.2-18 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-18
39-06.2-18. Imminent hazard disqualification - Records
Status: in_force

39-06.2-18. Imminent hazard disqualification - Records

A disqualification imposed in accordance with the provisions of 49 CFR part 383.52 relating

to notification from the federal motor carrier safety administration that the driver is disqualified

from driving a commercial motor vehicle and is determined to constitute an imminent hazard

becomes a part of the driver's record maintained by the director.
N.D. Cent. Code § 39-06-33.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-33.1
39-06-33.1. Authority to suspend licenses after traffic death or injury - Show cause order required
Status: repealed

39-06-33.1. Authority to suspend licenses after traffic death or injury - Show cause

order required.

Repealed by S.L. 1987, ch. 460, § 16; S.L. 1987, ch. 461, § 4.
N.D. Cent. Code § 39-06-26 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-26
39-06-26. Reporting convictions, suspensions, or revocations of nonresidents
Status: in_force

39-06-26. Reporting convictions, suspensions, or revocations of nonresidents

1. Upon receiving a record of the conviction or adjudication in this state of a nonresident

driver of a motor vehicle of any offense under the motor vehicle laws of this state, or

an equivalent ordinance, the director may notify the licensing authority in the state in

which the nonresident resides or is licensed.

2. If a nonresident's operating privilege is suspended or revoked under the law of this

state, the director shall notify the licensing authority in the state in which the

nonresident resides or is licensed.
N.D. Cent. Code § 39-10-33.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-33.1
39-10-33.1. Pedestrian's right of way on sidewalk
Status: in_force

39-10-33.1. Pedestrian's right of way on sidewalk

The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk.
N.D. Cent. Code § 39-24.1-06 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-06
39-24.1-06. Revocation of privilege to operate snowmobile upon refusal to submit to testing
Status: in_force

39-24.1-06. Revocation of privilege to operate snowmobile upon refusal to submit to

testing.

1. If a person refuses to submit to testing under section 39-24.1-01, no chemical test may

be given, but the law enforcement officer immediately shall issue to that person a

summons or otherwise notify that person in writing to appear at the time and place

specified in the summons or notice. The hearing and any appeal must be conducted

as provided in section 39-06.1-03. If the person requests a hearing at a time and date

other than as stated in the summons or notice, that person must post an appearance

bond as required by subsection 2 of section 39-06.1-03. Upon establishing at the

hearing by a preponderance of the evidence that the officer had probable cause to

believe the person had been operating a snowmobile while in violation of subdivision c

of subsection 5 of section 39-24-09 or had observed that the snowmobile was

operated in a negligent, reckless, or hazardous manner as defined by the director by

rule, that the person was lawfully arrested if applicable, and that the person had

refused to submit to the chemical test under section 39-24.1-01, the court shall prohibit

the person from operating a snowmobile on all public land or private land with public

access for the appropriate period under this section, and shall impose a noncriminal

statutory fee of five hundred dollars. A violation of this section must be reported to the

parks and recreation department. The department shall keep a record of all reported

violations. The period for which a person is prohibited from operating a snowmobile

under this section is:

a. One year if the person's record shows that within the five years preceding the

most recent refusal under this section, the person has not been prohibited from

operating a snowmobile for a violation of this chapter or for a violation of

subdivision c of subsection 5 of section 39-24-09.

b. Two years if the person's record shows that within the five years preceding the

most recent refusal under this section, the person has once been prohibited from

operating a snowmobile for a violation of this chapter or for a violation of

subdivision c of subsection 5 of section 39-24-09.

c. Three years if the person's record shows that within the five years preceding the

most recent refusal under this section, the person has twice been prohibited from

operating a snowmobile under this chapter or for a violation of subdivision c of

subsection 5 of section 39-24-09 and the prohibitions resulted from at least two

separate arrests.

2. A person may not be prohibited from operating a snowmobile under this section if:

a. The person files an affidavit with the court before the time set for hearing in the

summons or notice, or, with the permission of the court, within five days after the

hearing. The affidavit must state that the person:

(1) Intends to voluntarily plead guilty to violating subdivision c of subsection 5 of

section 39-24-09 within thirty days after the date of the offense;

(2) Agrees that the person may not operate a snowmobile for the appropriate

period defined in section 39-24.1-07;

(3) Acknowledges the right to a section 39-06.1-03 administrative hearing and

section 39-06.1-03 judicial review and voluntarily and knowingly waives

these rights; and

(4) Agrees that the person may not operate a snowmobile for the appropriate

period as provided under this section without an administrative hearing or

judicial review, if the person does not plead guilty within thirty days after the

date of the offense, or the court does not accept the guilty plea, or the guilty

plea is withdrawn; and

b. The person pleads guilty to violating subdivision c of subsection 5 of section

39-24-09 within thirty days after the date of the offense.
N.D. Cent. Code § 39-06-25 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-25
39-06-25. Suspending privileges of nonresidents
Status: in_force

39-06-25. Suspending privileges of nonresidents

The privilege of driving a motor vehicle on the highways of this state given to a nonresident

is subject to suspension or revocation by the director in like manner and for like cause as an

operator's license issued in this title may be suspended or revoked.
N.D. Cent. Code § 39-03.1-21.1 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-21.1
39-03.1-21.1. Children's benefit - Limitation
Status: repealed

39-03.1-21.1. Children's benefit - Limitation

Repealed by S.L. 1981, ch. 380, § 8.
N.D. Cent. Code § 39-27-07 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-07
39-27-07. Fuel system
Status: in_force

39-27-07. Fuel system

1. All fuel system components, including the tank, pump, tubing, hoses, clamps, and

other components, must be securely fastened to the motorcycle so as not to interfere

with vehicle operation and be leakproof when the vehicle is in its normal operating

attitude.

2. Fuel lines must be positioned in a manner to prevent their contact with the engine

head, manifold, exhaust system, or other high temperature surfaces, or moving

components. The fuel system must be adequately vented and provided with a fuel

shutoff valve located between the fuel supply and the engine.
N.D. Cent. Code § 39-21-44 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-44
39-21-44. Vehicle transporting explosives or hazardous materials - Administrative procedure and judicial review
Status: in_force

39-21-44. Vehicle transporting explosives or hazardous materials - Administrative

procedure and judicial review.

Any person operating any vehicle transporting any explosive or hazardous material as a

cargo or part of a cargo upon a highway shall comply with this section.

1. The vehicle must be equipped with at least one fire extinguisher, filled and ready for

immediate use, and placed at a convenient point on the vehicle.

2. The superintendent of the state highway patrol shall adopt rules for the safe

transportation of hazardous materials. Rules must duplicate or be consistent with

current hazardous materials regulations of the United States department of

transportation. The superintendent of the state highway patrol may adopt the

hazardous materials regulations by reference and any adoption must be construed to

incorporate amendments as may be made from time to time.
N.D. Cent. Code § 39-10.1-09 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-09
39-10.1-09. Electric bicycles
Status: in_force

39-10.1-09. Electric bicycles

1. Beginning January 1, 2022, any person that manufacturers or distributes an electric

bicycle in this state shall affix a permanent label to the electric bicycle which contains

the following information in at least nine-point Arial font:

a. The designated class of the electric bicycle;

b. The maximum assisted speed of the electric bicycle; and

c. The wattage of the electric bicycle's motor.

2. Any electric bicycle equipment and manufacturing must be in accordance with the

requirements for bicycles provided under 16 CFR part 1512.

3. An electric bicycle must be equipped so the electric motor can be disengaged or cease

to function when the individual operating the electric bicycle stops pedaling or when

the brakes are applied.

4. A person may not tamper with or modify an electric bicycle to change the motor-

powered speed capability or engagement of an electric bicycle, unless the label

indicating the classification required under subsection 1 is replaced after modification.

5. Unless otherwise prohibited by a governmental entity having jurisdiction, an individual

may operate an electric bicycle on any bicycle path or multi-use path.

6. An individual operating a class 3 electric bicycle shall ensure the bicycle is equipped

with a functioning speedometer.

7. An individual under the age of eighteen may not operate a class 3 electric bicycle

unless the individual is wearing a safety helmet.
N.D. Cent. Code § 39-06.1-10.1 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-10.1
39-06.1-10.1. Alternative disposition - Driver training course - Exceptions
Status: in_force

39-06.1-10.1. Alternative disposition - Driver training course - Exceptions

1. An individual issued a summons or notice to appear under section 39-07-07 may

appear before the court and elect to attend a driver training course approved by the

director in lieu of entry of points on the licensee's driving record. An individual who

elects to attend the course must so notify the court at the time of posting the bond,

which is forfeited even though an election is made under this section. The individual

who makes the election shall pay the driver training course fee to the driver training

course sponsor. If an individual elects to attend the course, the point penalty of five

points or fewer for the violation by section 39-06.1-10 may not be assessed if proof of

completion of the course is presented to the department within thirty days after the

individual notifies the court of the election. An individual may not make an election

under this section if:

a. That individual has made an election under this section within the twelve months

preceding the date of issuance of the summons or notice to appear;

b. The offense is assigned six or more points; or

c. The offense is an offense listed in section 39-06.1-05.

2. An individual making an election under this section forfeits any point reduction option

under section 39-06.1-13.
N.D. Cent. Code § 39-06-14.3 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-14.3
39-06-14.3. Electronic operator's license
Status: in_force

39-06-14.3. Electronic operator's license

1. The department shall implement a computerized licensing system that allows a

licensed motor vehicle operator to provide electronic proof of valid licensing on an

electronic communications device.

2. The electronic proof of valid licensing may be used:

a. When being stopped by a law enforcement officer for the purpose of enforcing or

investigating the possible violation of an ordinance or state law; or

b. For identification purposes.

3. The electronic operator's license must be designed so that there is no need for the

credential holder to relinquish possession of the device in which the electronic

credential system is installed in order to present the credential, or for the individual to

whom the credential is presented to access the verification system to confirm the

validity of the credential.

4. The computerized licensing system may not transmit or transfer any information

contained on an electronic operator's license without authorization from the licensed

motor vehicle operator.

5. In case of a discrepancy between a physical and electronic credential, the electronic

credential takes priority and is considered to provide the current information.

6. The electronic credential and verification systems must be designed to protect the

credential holder's privacy, including the use of privacy enhancing technology or other

appropriate methods. If the department enters an agreement with a third-party

electronic credential system provider, the agreement must require the third-party

electronic credential system provider to take appropriate measures to protect the

credential holder's privacy.

7. In addition to the fees required by section 39-06-49 for an operator's license, a

substitute operator's license, and an operator's license renewal:

a. An initial fee of five dollars is required from a licensed motor vehicle operator

seeking to possess an electronic operator's license; and

b. The fee for an electronic operator's license renewal is five dollars.

8. The director may adopt rules necessary for the effective implementation of an

electronic operator's licensing system.
N.D. Cent. Code § 39-16-05 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-05
39-16-05. Suspension of license and when not applicable
Status: in_force

39-16-05. Suspension of license and when not applicable

1. The director, within ninety days after the receipt of a report of a motor vehicle accident

within this state for which a driver is required to file a report under section 39-08-09,

shall suspend the license or nonresident operating privilege of each driver of each

vehicle in any manner involved in the accident unless the driver deposits security as

provided in sections 39-16-09 and 39-16-10 in a sum which is sufficient in the

judgment of the director to satisfy any judgment or judgments for damages resulting

from the accident as may be recovered against such driver. Notice of suspension and

opportunity for hearing must be sent by the director to the driver not less than ten days

prior to the effective date of the suspension and must state the amount required as

security. However, if a driver, either resident or nonresident, involved in the accident

purchases an insurance policy with at least the amount of coverage required by this

section, and files proof and satisfies financial responsibility requirements thereof with

the director, that driver may retain the license or privilege until the driver has accepted

responsibility for the accident or agreed to a settlement of claims arising from the

accident or until a court of this state has determined that the driver was negligent or

responsible for the accident in whole or in part. If the driver is found negligent or

responsible for the accident, in whole or in part, the license or privilege must be

suspended and will not be returned until the driver complies with this chapter.

2. This section does not apply under the conditions stated in section 39-16-06, or:

a. To a driver, if the driver is the owner of the motor vehicle involved in the accident

and had in effect at the time of such accident an automobile liability policy with

respect to the motor vehicle involved in the accident, affording substantially the

same coverage as is required for proof of financial responsibility under chapter

39-16.1.

b. To a driver, if not the owner of the motor vehicle, if there was in effect at the time

of the accident an automobile liability policy or bond with respect to the driver's

operation of the motor vehicle, affording substantially the same coverage as

required for proof of financial responsibility under chapter 39-16.1.

c. To a driver, if the liability of the driver for damages resulting from the accident is,

in the judgment of the director, covered by any other form of liability insurance

policy or bond or certificate of self-insurance under section 39-16-32.

3. No such policy or bond is effective under this section unless by an insurance carrier or

surety company authorized to do business in this state, except that if the motor vehicle

was not registered in the state, or was a motor vehicle which was registered elsewhere

than in this state at the effective date of the policy or bond, or the most recent renewal

thereof, the policy or bond is not effective under this section unless the insurance

carrier or surety company, if not authorized to do business in this state, shall execute a

power of attorney authorizing the director to accept service, on its behalf, of notice or

process in any action upon the policy or bond arising out of the accident; provided,

every such policy or bond is subject, if the accident has resulted in bodily injury or

death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand

dollars because of bodily injury to or death of one person in any one accident and,

subject to the limit for one person, to a limit of not less than fifty thousand dollars

because of bodily injury to or death of two or more persons in any one accident, and, if

the accident has resulted in injury to or destruction of property to a limit of at least

twenty-five thousand dollars because of injury to or destruction of property of others in

any one accident. Upon receipt of notice of the accident, the insurance carrier or

surety company which issued the policy or bond shall furnish for filing with the director

a written notice that the policy or bond was in effect at the time of the accident, or the

department may rely upon the accuracy of the information and the required report of

an accident as to the existence of insurance or a bond unless and until the department

has reason to believe that the information is erroneous.
N.D. Cent. Code § 39-12-11 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-11
39-12-11. Impounding overweight vehicle
Status: in_force

39-12-11. Impounding overweight vehicle

Any vehicle found to have been moved or used upon any highway, street, or road in this

state at a weight exceeding the limitations as specified in any order, ordinance, or resolution

issued under section 39-12-03, exceeding the limitations imposed by 39-12-05.3, or as limited

by section 39-12-05 may be impounded by any peace officer and taken to a warehouse or

garage for storage.
N.D. Cent. Code § 39-04-03 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-03
39-04-03. Size of tires to be given in application when truck, combination truck, or trailer registered
Status: repealed

39-04-03. Size of tires to be given in application when truck, combination truck, or

trailer registered.

Repealed by S.L. 1971, ch. 355, § 1.
N.D. Cent. Code § 39-24-09.1 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-09.1
39-24-09.1. Operation by individuals - Minimum age
Status: in_force

39-24-09.1. Operation by individuals - Minimum age

1. An individual under the age of ten may not operate a snowmobile unless the individual

operates the snowmobile on private land. An individual ten or eleven years of age may

not operate a snowmobile unless the individual operates the snowmobile on private

land or the individual is in the presence of a parent or guardian pursuant to chapter

30.1-27, has completed a snowmobile safety training course as prescribed by the

director of the parks and recreation department pursuant to chapter 28-32, and has

received the appropriate snowmobile safety certificate issued by the director of the

parks and recreation department.

2. An individual twelve years of age and over may not operate a snowmobile unless the

individual is in possession of a valid driver's license, operates the snowmobile on

private land, or unless the individual has completed a snowmobile safety training

course as prescribed by the director of the parks and recreation department pursuant

to chapter 28-32 and has received the appropriate snowmobile safety certificate

issued by the director of the parks and recreation department.

3. The failure of an operator to exhibit a snowmobile safety certificate upon demand to

any official authorized to enforce this chapter is presumptive evidence that the

individual is not the holder of the certificate.

4. Fees collected from each individual receiving certification must be deposited into the

snowmobile fund for purposes of establishing snowmobile safety programs.
N.D. Cent. Code § 39-04-21 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-21
39-04-21. Fees for motor vehicles first registered in state
Status: in_force

39-04-21. Fees for motor vehicles first registered in state

When a motor vehicle first becomes subject to registration during the calendar year, the

registration fee must be for the remainder of the year prorated on a monthly basis, one-twelfth of

the annual registration fee for each calendar month or fraction thereof. Penny adjustments must

be carried to the next even dollar. Temporary registrations must be issued in such manner as is

prescribed by the director of the department of transportation.
N.D. Cent. Code § 39-16.2-02 — ND Code / Title 39 / Chapter 39-16.2 / Section 39-16.2-02
39-16.2-02. Liquefied petroleum gas transporters - Financial responsibility requirements
Status: in_force

39-16.2-02. Liquefied petroleum gas transporters - Financial responsibility

requirements.

A dealer who owns or operates a vehicle used for the transportation of liquefied petroleum

gas shall maintain motor vehicle liability insurance of:

1. At least five million dollars for the transportation of liquefied petroleum gas transported

in cargo tanks, portable tanks, or hopper-type vehicles with capacities of three

thousand five hundred water gallons [13248.94 liters] or more.

2. At least one million dollars for the transportation of liquefied petroleum gas transported

in cargo tanks, portable tanks, or hopper-type vehicles with capacities of less than

three thousand five hundred water gallons [13248.94 liters].
N.D. Cent. Code § 39-21-41.2 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-41.2
39-21-41.2. Child restraint devices - Evidence
Status: in_force

39-21-41.2. Child restraint devices - Evidence

1. If a child, under eight years of age, is present in a motor vehicle, that motor vehicle

must be equipped with at least one child restraint system for the child. However, a

child under the age of eight who is at least fifty-seven inches [1.45 meters] tall is not

required to use a child restraint system, but must be correctly buckled in a safety belt.

The child restraint system must meet the standards adopted by the United States

department of transportation for those systems [49 CFR 571.213]. While the motor

vehicle is in motion, the child must be properly secured in the child restraint system in

accordance with the manufacturer's instructions. While the motor vehicle is moving,

each child of eight through seventeen years of age who is in the motor vehicle must be

in an approved child restraint system in accordance with the manufacturer's

instructions or correctly buckled in a safety belt. Use of child restraint systems and

safety belts is not required in motor vehicles that were not equipped with safety belts

when manufactured. If a child is being transported in an emergency situation, this

section does not apply.

2. Violation of this section is not, in itself, evidence of negligence. The fact of a violation

of this section is not admissible in any proceeding other than one charging the

violation.
N.D. Cent. Code § 39-03-09.1 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-09.1
39-03-09.1. Job shadowing
Status: in_force

39-03-09.1. Job shadowing

For purposes of education and community outreach, and to promote public trust, the

superintendent may permit a nonmember of the highway patrol to participate in job shadowing

activities, including:

1. Participating in a ride-along program with a member of the highway patrol while on

duty;

2. Operating a highway patrol motor vehicle on a closed course under the supervision of

a member of the highway patrol; and

3. Discharging a firearm owned and used by the highway patrol while at a training facility

and under the supervision of a member of the highway patrol.
N.D. Cent. Code § 39-03-18 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-18
39-03-18. Highway patrol - Assets forfeiture fund - Purpose - Continuing appropriation
Status: in_force

39-03-18. Highway patrol - Assets forfeiture fund - Purpose - Continuing

appropriation.

There is created a fund to be known as the highway patrol assets forfeiture fund. The fund

consists of funds obtained from moneys, assets, and proceeds seized and forfeited pursuant to

section 19-03.1-36, amounts received through court proceedings as restitution, and amounts

remaining from the forfeiture of property after the payment of expenses for forfeiture and sale

authorized by law. The total amount of deposits into the fund may not exceed three hundred

thousand dollars within a biennium and any moneys in excess of that amount must be deposited

in the general fund. The funds are appropriated as a continuing appropriation to the highway

patrol for the following purposes:

1. For paying expenses necessary to inventory, safeguard, maintain, advertise, or sell

property seized, detained, or forfeited, pursuant to section 19-03.1-36, or of any other

necessary expenses incident to the seizure, detention, or forfeiture of the property.

2. For paying overtime compensation incurred as a result of investigations or violations of

any state criminal law or law relating to the control of drug abuse.

3. For purchasing equipment related to criminal interdiction.

4. For paying matching funds required as a condition for receipt of funds from a federal

government program awarding monetary grants or assistance for the investigation or

apprehension of persons violating the provisions of chapter 19-03.1.

The superintendent of the highway patrol, with the concurrence of the director of the office of

management and budget, shall establish the necessary accounting procedures for the use of

the fund and shall personally approve, in writing, all requests for the use of the fund.
N.D. Cent. Code § 39-19-05 — ND Code / Title 39 / Chapter 39-19 / Section 39-19-05
39-19-05. Agreements for joint operation of ports of entry
Status: in_force

39-19-05. Agreements for joint operation of ports of entry

The director may negotiate and enter into bilateral agreements with the appropriate officials

of adjacent states, as provided herein:

1. The agreements may provide for the manning and operation of jointly occupied ports

of entry, for the collection of highway user fees, registration fees, permit fees, fuel

taxes, and any other fees and taxes which may be prescribed by law or rule.

2. The agreements may further provide for the collection of these fees and taxes by

either party state at jointly occupied ports of entry before authorization is given for a

vehicle to legally operate within that state or jurisdiction, and for the enforcement of

safety, size and weight laws, and rules of the respective states.
N.D. Cent. Code § 39-04-49 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-49
39-04-49. Driveaway transporter registration - Fee
Status: repealed

39-04-49. Driveaway transporter registration - Fee

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-21-32 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-32
39-21-32. Brake equipment required
Status: in_force

39-21-32. Brake equipment required

1. Every motor vehicle, other than a motorcycle or motor-driven cycle, when operated

upon a highway must be equipped with brakes adequate to control the movement of

and to stop and hold such vehicle, including two separate means of applying the

brakes, each of which means must be effective to apply the brakes to at least two

wheels. If these two separate means of applying the brakes are connected in any way,

they must be so constructed that failure of any one part of the operating mechanism

does not leave the motor vehicle without brakes on at least two wheels.

2. Every farm tractor, motorcycle, and motor-driven cycle, when operated upon a

highway, must be equipped with at least one brake, which may be operated by hand or

foot.

3. Every trailer or semitrailer when operated upon a highway at a speed in excess of

twenty-five miles [40.23 kilometers] per hour must be equipped with safety chains or

brakes adequate to control the movement of and to stop and to hold such vehicle and

so designed as to be applied by the driver of the towing motor vehicle from its cab, and

said brakes must be so designed and connected that in case of an accidental

breakaway of the towed vehicle the brakes are automatically applied.

4. One of the means of brake operation must be parking brakes adequate to hold the

vehicle on any grade on which it is operated, under all conditions of loading, on a

surface free from snow, ice, or loose material. The parking brakes must be capable of

being applied in conformance with the foregoing requirements by the driver's muscular

effort or by spring action or by equivalent means. Their operation may be assisted by

the service brakes or other source of power provided that failure of the service brake

actuation system or other power-assisting mechanism will not prevent the parking

brakes from being applied in conformance with the foregoing requirements. The

parking brakes must be so designed that when once applied they remain applied with

the required effectiveness despite exhaustion of any source of energy or leakage of

any kind. The same brakedrums, brakeshoes and lining assemblies, brakeshoe

anchors, and mechanical brakeshoe actuation mechanism normally associated with

the wheel brake assemblies may be used for both the service brakes and the parking

brakes.
N.D. Cent. Code § 39-07-04 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-04
39-07-04. Powers of local authorities
Status: repealed

39-07-04. Powers of local authorities

Repealed by S.L. 1975, ch. 349, § 41.
N.D. Cent. Code § 39-05-05 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-05
39-05-05. Application for certificate of title - Contents - Fee
Status: in_force

39-05-05. Application for certificate of title - Contents - Fee

1. An application for a certificate of title must be made upon a form provided by the

department and must contain all of the following:

a. A full description of the vehicle, including the name of the manufacturer, model

year if the model year is known, either the engine, serial, or identification number,

and any other distinguishing marks. The department shall assign a vehicle

identification number for a vehicle not otherwise assigned a number or for a

vehicle in which the identification number can not be located. The assigned

number must be permanently affixed to the vehicle and the department may

require the applicant to provide a photo of the vehicle identification number before

issuing a certificate of title for the vehicle.

b. A statement as to whether the vehicle is new or used.

c. A statement of the applicant's title and the name and address of each lienholder

in the order of priority.

d. The name and address of the person to whom the certificate of title must be

delivered.

e. If applicable, a statement as to whether the vehicle is a specially constructed,

reconstructed, or foreign vehicle.

f. The owner's legal name, as evidenced by a valid state-issued driver's license,

identity card, or any other documentary evidence that confirms to the satisfaction

of the director the true identity of the owner, street address, city, and county, or

township and county, of residence. When two or more owners are designated, at

least one of the owners must comply with the identification requirement of this

subdivision and all names used must be legal names. A dealer shall make

specific inquiry as to this information before filling in the information on the

application.

g. The department may require odometer disclosure information as required under

the Truth in Mileage Act of 1986 [Pub. L. 99-579].

h. Any other information required by the department.

2. The owner of every vehicle that has been registered outside this state shall surrender

to the department the certificate of title and registration card or other evidence that

may satisfy the department the applicant is the lawful owner or possessor of the

vehicle.

3. If the vehicle for which certificate of title is sought is a new vehicle, a certificate of title

may not be issued unless a certificate of origin executed by the manufacturer of the

vehicle is attached to the application for registration or is attached to the application for

the certificate of title for the vehicle. If the new vehicle for which certificate of title is

sought is of foreign manufacture, the certificate of origin must be furnished by the

importer of the vehicle. The manufacturer or importer of all new vehicles shall

designate the total shipping weight of the vehicle on the certificate of origin.

4. When a new vehicle is purchased from a dealer, the application for the certificate of

title must include a statement of the transfer by the dealer.

5. Each application must be accompanied by a fee of five dollars, which is in addition to

any fee charged for the registration of the vehicle.
N.D. Cent. Code § 39-16.2-01 — ND Code / Title 39 / Chapter 39-16.2 / Section 39-16.2-01
39-16.2-01. Definitions
Status: in_force

39-16.2-01. Definitions

As used in this chapter:

1. "Dealer" means any person in the business of handling liquefied petroleum gas who

delivers or sells any liquefied petroleum gas to any retail dealer or user of liquefied

petroleum gas.

2. "Liquefied petroleum gas" includes any material that is composed predominantly of

any of the following hydrocarbons or mixtures of the following hydrocarbons: propane,

propylene, butanes (normal butane and isobutane), and butylenes.
N.D. Cent. Code § 39-16-36 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-36
39-16-36. Citation
Status: repealed

39-16-36. Citation

Repealed by omission from this code.
N.D. Cent. Code § 39-02-06 — ND Code / Title 39 / Chapter 39-02 / Section 39-02-06
39-02-06. Records of stolen or recovered motor vehicles to be furnished certain officials and departments
Status: repealed

39-02-06. Records of stolen or recovered motor vehicles to be furnished certain

officials and departments.

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-01-04 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-04
39-01-04. Political activity defined
Status: in_force

39-01-04. Political activity defined

The term "political activity" as used in this chapter includes any form of campaigning or

electioneering, such as attending or arranging for political meetings; transporting candidates or

workers engaged in campaigning or electioneering; distributing campaign literature, political

guide cards, or placards; soliciting or canvassing for campaign funds; transporting electors to

the polls on election day; and any other form of political work usually and ordinarily engaged in

by state officers and employees during primary and general election campaigns.
N.D. Cent. Code § 39-10-44 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-44
39-10-44. Stop signs and yield signs
Status: in_force

39-10-44. Stop signs and yield signs

1. Preferential right of way at an intersection may be indicated by stop signs or yield

signs as authorized in section 39-07-03.

2. Every stop sign and every yield sign must be erected as near as practicable to the

nearest line of the crosswalk on the near side of the intersection or, if there is no

crosswalk, then as near as practicable to the nearest line of the intersecting roadway.

3. Except when directed to proceed by a police officer or traffic control signal, every

driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop

before entering the crosswalk on the near side of the intersection or, in the event there

is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point

nearest the intersecting roadway where the driver has a view of approaching traffic on

the intersecting roadway.

4. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop

before entering the crosswalk on the near side of the intersection or, in the event there

is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the

intersecting roadway where the driver has a view of approaching traffic on the

intersecting roadway.
N.D. Cent. Code § 39-12-10 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-10
39-12-10. Flag or light to be displayed at end of load
Status: repealed

39-12-10. Flag or light to be displayed at end of load

Repealed by S.L. 1963, ch. 283, § 20.
N.D. Cent. Code § 39-21-43 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-43
39-21-43. Display of warning devices when vehicle disabled
Status: in_force

39-21-43. Display of warning devices when vehicle disabled

1. Whenever any truck, bus, truck tractor, trailer, semitrailer, or pole trailer eighty inches

[20.32 decimeters] or more in overall width or thirty feet [91.44 decimeters] or more in

overall length is stopped upon a roadway or adjacent shoulder, the driver shall

immediately actuate vehicular hazard warning signal lamps meeting the requirements

of this chapter. The lamps need not be displayed by a vehicle parked lawfully in an

urban district, or stopped lawfully to receive or discharge passengers, or stopped to

avoid conflict with other traffic or to comply with the directions of a police officer or an

official traffic-control device, or while the devices specified in subsections 2 through 8

are in place.

2. Whenever any vehicle of a type referred to in subsection 1 is disabled, or stopped for

more than ten minutes, upon a roadway outside of an urban district at any time when

lighted lamps are required, the driver of the vehicle shall display the following warning

devices except as provided in subsection 3:

a. A lighted fusee, a lighted red electric lantern, or a portable red emergency

reflector must immediately be placed at the traffic side of the vehicle in the

direction of the nearest approaching traffic.

b. As soon thereafter as possible but in any event within the burning period of the

fusee (fifteen minutes), the driver shall place three liquid-burning flares (pot

torches), or three lighted red electric lanterns, or three portable red emergency

reflectors on the roadway in the following order:

(1) One, approximately one hundred feet [30.48 meters] from the disabled

vehicle in the center of the lane occupied by the vehicle and toward traffic

approaching in that lane.

(2) One, approximately one hundred feet [30.48 meters] in the opposite

direction from the disabled vehicle and in the center of the traffic lane

occupied by such vehicle.

(3) One at the traffic side of the disabled vehicle not less than ten feet [30.48

decimeters] rearward or forward thereof in the direction of the nearest

approaching traffic. If a lighted red electric lantern or a red portable

emergency reflector has been placed at the traffic side of the vehicle in

accordance with paragraph 1, it may be used for this purpose.

3. Whenever any vehicle referred to in this section is disabled, or stopped for more than

ten minutes, within five hundred feet [152.4 meters] of a curve, hillcrest, or other

obstruction to view, the warning device in the direction must be so placed as to afford

ample warning to other users of the highway, but in no case less than one hundred

feet [30.48 meters] nor more than five hundred feet [152.4 meters] from the disabled

vehicle.

4. Whenever any vehicle of a type referred to in this section is disabled, or stopped for

more than ten minutes, upon any roadway of a divided highway during the time lighted

lamps are required, the appropriate warning devices prescribed in subsections 2 and 3

must be placed as follows: one at a distance of approximately two hundred feet [60.96

meters] from the vehicle in the center of the lane occupied by the stopped vehicle and

in the direction of traffic approaching in that lane; one at a distance of approximately

one hundred feet [30.48 meters] from the vehicle, in the center of the lane occupied by

the vehicle and in the direction of traffic approaching in that lane; one at the traffic side

of the vehicle and approximately ten feet [30.48 decimeters] from the vehicle in the

direction of the nearest approaching traffic.

5. Whenever any motor vehicle used in the transportation of explosives or any cargo tank

truck used for the transportation of any flammable liquid or compressed gas is

disabled, or stopped for more than ten minutes, at any time and place mentioned in

subsection 2, 3, or 4, the driver of the vehicle shall immediately display red electric

lanterns or portable red emergency reflectors in the same number and manner

specified in subsection 2, 3, or 4. Flares, fusees, or signals produced by flame may not

be used as warning devices for vehicles of the type mentioned in this subsection nor

for vehicles using compressed gas as a fuel.

6. The warning devices described in subsections 2 through 5 need not be displayed

where there is sufficient light to reveal persons and vehicles within a distance of one

thousand feet [304.8 meters].

7. Whenever any vehicle described in this section is disabled, or stopped for more than

ten minutes, upon a roadway outside of an urban district or upon the roadway of a

divided highway at any time when lighted lamps are not required by section 39-21-01

the driver of the vehicle shall display two red flags as follows:

a. If traffic on the roadway moves in two directions, one flag shall be placed

approximately one hundred feet [30.48 meters] to the rear and one flag

approximately one hundred feet [30.48 meters] in advance of the vehicle in the

center of the lane occupied by the vehicle.

b. Upon a one-way roadway, one flag must be placed approximately one hundred

feet [30.48 meters] and one flag approximately two hundred feet [60.96 meters] to

the rear of the vehicle in the center of the lane occupied by the vehicle.

8. When any vehicle described in this section is stopped entirely off the roadway and on

an adjacent shoulder at any time and place mentioned in this section, the warning

devices must be placed, as nearly as practicable, on the shoulder near the edge of the

roadway.

9. The flares, fusees, red electric lanterns, portable red emergency reflectors, and flags

to be displayed as required in this section must conform with the applicable

requirements of section 39-21-42.
N.D. Cent. Code § 39-04-39.5 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-39.5
39-04-39.5. Allocation of portion of registration fee
Status: repealed

39-04-39.5. Allocation of portion of registration fee

Repealed by S.L. 2005, ch. 40, § 15.
N.D. Cent. Code § 39-06.1-02 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-02
39-06.1-02. Traffic violations noncriminal - Exceptions - Procedures
Status: in_force

39-06.1-02. Traffic violations noncriminal - Exceptions - Procedures

1. An individual cited, in accordance with sections 39-07-07 and 39-07-08, for a traffic

violation under state law or municipal ordinance, other than an offense listed in section

39-06.1-05, is deemed to be charged with a noncriminal offense.

a. The individual may appear before the designated official and pay the statutory fee

for the violation charged at or before the time scheduled for a hearing.

b. If the individual has posted bond, the individual may forfeit bond by not appearing

at the designated time.

2. If the individual is cited for a traffic violation under state law and posts bond by mail,

the bond must be submitted within fourteen days of the date of the citation and the

individual cited shall indicate on the citation whether a hearing is requested. If the

individual does not request a hearing within fourteen days of the date of the citation,

the bond is deemed forfeited and the violation admitted. If the individual requests a

hearing, the court for the county in which the citation is issued shall issue a summons

to the individual requesting the hearing notifying the individual of the date of the

hearing before the designated official in accordance with section 39-06.1-03.

3. Upon appearing at the hearing scheduled in the citation or otherwise scheduled at the

individual's request, the individual may make a statement in explanation of the

individual's action. The official may at that time waive, reduce, or suspend the statutory

fee or bond, or both. If the individual cited follows the foregoing procedures, the

individual is deemed to have admitted the violation and to have waived the right to a

hearing on the issue of commission of the violation.

4. The bond required to secure appearance must be identical to the statutory fee

established by section 39-06.1-06.

5. Within ten days after forfeiture of bond or payment of the statutory fee, the official

having jurisdiction over the violation shall certify to the director:

a. Admission of the violation; and

b. In speeding violations, whether the speed charged was in excess of the lawful

speed limit by more than nine miles [14.48 kilometers] per hour and the miles

[kilometers] per hour by which the speed limit was exceeded.

6. Under this section a citing police officer may not receive the statutory fee or bond.
N.D. Cent. Code § 39-06.2-01 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-01
39-06.2-01. Uniform Commercial Driver's License Act
Status: repealed

39-06.2-01. Uniform Commercial Driver's License Act

The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety

Act of 1986 [title XII of Pub. L. 99-570, 49 U.S.C. 2701, repealed] and Motor Carrier Safety

Improvement Act of 1999 [Pub. L. 106-159; 113 Stat. 1748; 49 U.S.C. 113 et seq.] and reduce

or prevent commercial motor vehicle accidents, fatalities, and injuries by:

1. Permitting commercial drivers to hold only one license;

2. Disqualifying commercial drivers who have committed certain serious traffic violations

or other specified offenses; and

3. Strengthening commercial driver's licensing and testing standards.

This chapter is a remedial law which should be liberally construed to promote the public health,

safety, and welfare. To the extent that this chapter conflicts with general driver's licensing

provisions, this chapter prevails. Where this chapter is silent, the general driver's licensing

provisions apply.
N.D. Cent. Code § 39-06-09 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-09
39-06-09. Liability for negligence of minor - General
Status: in_force

39-06-09. Liability for negligence of minor - General

1. Subject to subsection 2, any negligence of a minor when driving a motor vehicle on a

highway must be imputed to the individual who signed the application of the minor for

an operator's license, or upon the father, mother, or legal guardian if signing authority

has been temporarily transferred under section 39-06-08. This individual is jointly and

severally liable with the minor for damages caused by the negligence, except as

provided in section 39-06-10.

2. The negligence of a minor under subsection 1 may not be imputed to the individual

who signed the application of the minor for an operator's license, or upon the father,

mother, or legal guardian if signing authority temporarily has been transferred under

section 39-06-08 for any injury or damage to that individual which was caused by the

minor's negligence.
N.D. Cent. Code § 39-04-15 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-15
39-04-15. When registration fees become due and delinquent
Status: in_force

39-04-15. When registration fees become due and delinquent

The registration fee for a vehicle becomes due as soon as the vehicle is used upon the

highways of this state. The registration for a vehicle becomes delinquent immediately upon

expiration of the prior registration.
N.D. Cent. Code § 39-06-36.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-36.1
39-06-36.1. Restoration of revoked or suspended licenses - Successful completion of treatment court
Status: in_force

39-06-36.1. Restoration of revoked or suspended licenses - Successful completion of

treatment court.

Upon an individual's successful completion of an approved adult treatment court program, if

ordered by the district court, the director shall reinstate the driving privileges of the individual for

any noncommercial license suspension or revocation imposed under law. A reinstatement fee is

not required for reinstatement of driving privileges under this section.
N.D. Cent. Code § 39-27-04 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-04
39-27-04. Brakes
Status: in_force

39-27-04. Brakes

1. Every motorcycle must have either a split service brake system or two independently

actuated service brake systems in accordance with rules adopted by the director

pursuant to chapter 28-32. Brakes must act on the front and rear wheels.

2. Every motorcycle must meet the requirements for brake system effectiveness, fade,

and partial systems as specified in rules adopted by the director pursuant to chapter

28-32.

3. All linkage, cables, pivots, and bearings must be free of excess (high) friction, with the

front wheel brake cable so located and secured as not to become pinched between

fork and frame members when wheel is turned completely to the right or left.

4. Brake actuating devices must be in an accessible location, unencumbered by vehicle

components, and so positioned that adequate leverage and safe operation is ensured.

Service brake system controls and operation requirements must be in accordance with

rules adopted by the director pursuant to chapter 28-32. A suitable mechanism must

be provided for the purpose of automatically returning the actuating devices to normal

position upon release.

5. Motorcycle brakes must be capable of being adjusted automatically or manually with

means provided to prevent unintentional adjustment.

6. Each three-wheel motorcycle must be equipped with a parking brake of a friction type

with a solely mechanical means to retain engagement.
N.D. Cent. Code § 39-04-31 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-31
39-04-31. Bond required
Status: repealed

39-04-31. Bond required

Repealed by S.L. 1963, ch. 285, § 14.
N.D. Cent. Code § 39-27-01 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-01
39-27-01. Purpose
Status: in_force

39-27-01. Purpose

It is the purpose of this chapter to establish performance and equipment requirements for

the manufacture, sale, and safe operation of a motorcycle upon public highways and to furnish

administrators with a guide for registration eligibility and continued conformity as related to

motorcycles.
N.D. Cent. Code § 39-10-68 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-68
39-10-68. Stop when traffic obstructed
Status: in_force

39-10-68. Stop when traffic obstructed

No driver may enter any intersection or a marked crosswalk or drive onto a railroad grade

crossing unless there is sufficient space on the other side of the intersection, crosswalk, or

railroad grade crossing to accommodate the vehicle the driver is operating without obstructing

the passage of other vehicles, pedestrians, or railroad trains notwithstanding any traffic-control

signal indication to proceed.
N.D. Cent. Code § 39-07-03 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-03
39-07-03. Through highways designated by director and local authorities - Stop and yield intersections
Status: in_force

39-07-03. Through highways designated by director and local authorities - Stop and

yield intersections.

The director with reference to state highways, and local authorities, with reference to

highways under their jurisdiction, may, by proclamation, designate as through highways, any

highway, street, or part thereof, and erect stop signs or yield signs at specified entrances

thereto, or may designate any intersection as a stop intersection or as a yield intersection and

erect stop signs or yield signs at one or more entrances to such intersection.
N.D. Cent. Code § 39-21-25 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-25
39-21-25. Number of driving lamps required or permitted
Status: in_force

39-21-25. Number of driving lamps required or permitted

1. At all times specified in section 39-21-01 at least two lighted lamps must be displayed,

one on each side at the front of every motor vehicle, except when a vehicle is parked

subject to the regulations governing lights on parked vehicles.

2. Whenever a motor vehicle equipped with headlamps as herein required is also

equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof

projecting a beam of intensity greater than three hundred candlepower, not more than

a total of four of any such lamps on the front of a vehicle may be lighted at any one

time when upon a highway.
N.D. Cent. Code § 39-10.1-03 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-03
39-10.1-03. Riding on bicycle
Status: in_force

39-10.1-03. Riding on bicycle

1. A person propelling a bicycle may not ride other than upon or astride a permanent and

regular seat attached thereto.

2. No bicycle may be used to carry more persons at one time than the number for which

it is designed and equipped.
N.D. Cent. Code § 39-04-52 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-52
39-04-52. Driveaway transport license fees - Effect
Status: repealed

39-04-52. Driveaway transport license fees - Effect

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-06.1-05 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-05
39-06.1-05. Offenses excepted
Status: in_force

39-06.1-05. Offenses excepted

The procedures authorized under sections 39-06.1-02 and 39-06.1-03 may not be utilized

by a person charged with one of the following offenses:

1. Driving or being in actual physical control of a vehicle in violation of section 39-08-01,

or an equivalent ordinance.

2. Reckless driving or aggravated reckless driving in violation of section 39-08-03, or an

equivalent ordinance.

3. A violation of chapter 12.1-16 resulting from the operation of a motor vehicle.

4. Leaving the scene of an accident in violation of section 39-08-04, 39-08-05, 39-08-07,

or 39-08-08, or equivalent ordinances.

5. Driving while license or driving privilege is suspended or revoked in violation of section

39-06-42, or an equivalent ordinance.

6. Violating subdivision b or c of subsection 5 of section 39-24-09.

7. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46.

8. Causing an accident with an authorized emergency vehicle or a vehicle operated by or

under the control of the director used for maintaining the state highway system in

violation of subsection 5 of section 39-10-26.
N.D. Cent. Code § 39-30-05 — ND Code / Title 39 / Chapter 39-30 / Section 39-30-05
39-30-05. Civil proceedings and remedies
Status: in_force

39-30-05. Civil proceedings and remedies

1. The attorney general, any state's attorney, or any aggrieved person may institute civil

proceedings against any person in any court of competent jurisdiction seeking relief

from conduct constituting a violation of any provision of this chapter. If the plaintiff in

such a proceeding proves the alleged violation, or its threat, by a preponderance of the

evidence, any court of competent jurisdiction after due provision for the rights of

innocent persons, shall grant relief by entering any appropriate order or judgment,

including:

a. Ordering any defendant to be divested of any interest in any property;

b. Imposing reasonable restrictions upon the future activities or investments of any

defendant, including prohibiting any defendant from engaging in the same type of

endeavor as the defendant was engaged in previously;

c. Ordering the suspension or revocation of a license, permit, or prior approval

granted by any public agency or any other public authority;

d. Ordering the surrender of the charter of a corporation organized under the laws of

the state or the revocation of a certificate authorizing a foreign corporation to

conduct business within the state upon finding that the board of directors or a

managerial agent acting on behalf of the corporation, in conducting the affairs of

the corporation, has authorized or engaged in conduct made unlawful by this

chapter and that, for the prevention of future criminal conduct, the public interest

requires the charter of the corporation be surrendered and the corporation

dissolved or the certificate revoked; or

e. Ordering the surrender of the certificate of organization of a limited liability

company organized under the laws of the state or the revocation of a certificate

authorizing a foreign limited liability company to conduct business within the state

upon finding that the board of governors or a managerial agent acting on behalf

of the limited liability company, in conducting the affairs of the limited liability

company, has authorized or engaged in conduct made unlawful by this chapter

and that, for the prevention of future criminal conduct, the public interest requires

that the certificate of organization of the limited liability company be surrendered

and the limited liability company dissolved or the certificate revoked.

2. In a proceeding under this section, injunctive relief must be granted in conformity with

the principles that govern the granting of relief from injury or threatened injury in other

cases, but no showing of special or irreparable injury must be made. Pending final

determination of a proceeding under this section, a temporary restraining order or a

preliminary injunction may be issued upon a showing of immediate danger of

significant injury, including the possibility that any judgment for money damages might

be difficult to execute, and, in a proceeding initiated by an aggrieved person, upon the

execution of proper bond against injury for an injunction improvidently granted.

3. Any person injured, directly or indirectly, by conduct constituting a violation by any

person of section 39-30-02, in addition to any other relief, has a cause of action for

threefold the actual damages sustained by the person.

4. A final judgment or decree rendered against the defendant in any civil or criminal

proceeding estops the defendant in any subsequent civil action or proceeding brought

by any person as to all matters to which the judgment or decree would be an estoppel

between the parties to the civil or criminal proceeding.

5. Notwithstanding any other provision of law providing a shorter period of limitations, a

civil action under this section may be commenced at any time within five years after

the conduct made unlawful under section 39-30-02 terminates or the cause of action

accrues or within any longer statutory period that may be applicable. If any action is

brought by a state's attorney to punish, prevent, or restrain any activity made unlawful

under section 39-30-02, the running of the period of limitations is suspended during

the pendency of such action and for two years following its termination.

6. Personal service of any process in any action under this section may be made upon

any person outside the state if the person has engaged in any conduct constituting a

violation of section 39-30-02 in this state. The person is deemed to have thereby

submitted to the jurisdiction of the courts of this state for the purposes of this provision.

7. Obtaining any civil remedy under this section does not preclude obtaining any other

civil or criminal remedy under either this chapter or any other provision of law. Civil

remedies under this section are supplemental and not mutually exclusive.
N.D. Cent. Code § 39-06.2-10 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-10
39-06.2-10. Disqualification and cancellation
Status: in_force

39-06.2-10. Disqualification and cancellation

1. An individual is disqualified from driving a commercial motor vehicle for a period of not

less than one year if convicted of a first violation of:

a. Driving a commercial motor vehicle under the influence of alcohol or drugs;

b. Leaving the scene of an accident involving a commercial motor vehicle driven by

the individual in violation of section 39-08-04, 39-08-05, 39-08-07, or 39-08-09;

c. Using a commercial motor vehicle in the commission of any felony as defined in

this chapter;

d. Refusal to submit to a test to determine the driver's alcohol concentration while

driving a commercial motor vehicle; or

e. Driving or being in actual physical control of a commercial motor vehicle while the

alcohol concentration of the individual's blood, breath, or urine is four

one-hundredths of one percent or more by weight.

If any of the above violations occurred while transporting a hazardous material

required to be placarded, the individual is disqualified for a period of not less than

three years.

2. An individual is disqualified for a period of not less than sixty days for providing false

information to the department related to the issuance of a commercial permit or

commercial license or for a period of not less than one year if convicted of fraud

related to the issuance of a commercial driver's permit or license.

3. An individual is disqualified for life if convicted of two or more violations of any of the

offenses specified in subsection 1, 8, 10, or 12, or any combination of those offenses,

arising from two or more separate incidents. Only offenses committed while operating

a commercial motor vehicle after July 1, 1989, may be considered in applying this

subsection. Only offenses committed while operating a noncommercial motor vehicle

after August 1, 2003, may be considered in applying this subsection.

4. The director may adopt rules under section 39-06.2-14, establishing guidelines,

including conditions, under which a disqualification for life under subsections 3, 9, 11,

and 13 may be reduced to a period of not less than ten years.

5. An individual is disqualified from driving a commercial motor vehicle for life who uses a

commercial motor vehicle in the commission of any felony involving the manufacture,

distribution, or dispensing of a controlled substance, or possession with intent to

manufacture, distribute, or dispense a controlled substance.

6. An individual is disqualified from driving a commercial motor vehicle for a period of not

less than sixty days if convicted of two serious traffic violations, or one hundred twenty

days if convicted of three serious traffic violations, committed in a commercial motor

vehicle arising from separate incidents occurring within a three-year period.

7. Disqualification for railroad-highway grade crossing violation:

a. A driver who is convicted of driving a commercial motor vehicle in violation of a

federal, state, or local law or regulation pertaining to any one of the following six

offenses at a railroad-highway grade crossing is disqualified for the period of time

specified in subdivision b:

(1) For drivers who are not required to always stop, failing to slow down and

check that the tracks are clear of an approaching train;

(2) For drivers who are not required to always stop, failing to stop before

reaching the crossing, if the tracks are not clear;

(3) For drivers who are always required to stop, failing to stop before driving

onto the crossing;

(4) For all drivers, failing to have sufficient space to drive completely through

the crossing without stopping;

(5) For all drivers, failing to obey a traffic control device or the directions of an

enforcement official at the crossing; and

(6) For all drivers, failing to negotiate a crossing because of insufficient

undercarriage clearance.

b. Duration of disqualification for a railroad-highway grade crossing violation:

(1) A driver is disqualified for not less than sixty days if the driver is convicted of

a first violation of a railroad-highway grade crossing violation.

(2) A driver is disqualified for not less than one hundred twenty days if, during

any three-year period, the driver is convicted of a second railroad-highway

grade crossing violation in separate incidents.

(3) A driver is disqualified for not less than one year if, during any three-year

period, the driver is convicted of a third or subsequent railroad-highway

grade crossing violation in separate incidents.

8. For a first conviction of driving while under the influence of alcohol or being under the

influence of a controlled substance or refusal to be tested while operating a

noncommercial motor vehicle, a holder of a commercial driver's license or learner's

permit must be disqualified from operating a commercial motor vehicle for one year.

9. For a second or subsequent conviction of driving while under the influence or being

under the influence of a controlled substance or refusal to be tested while operating a

noncommercial motor vehicle, a holder of a commercial driver's license or learner's

permit must be disqualified from operating a commercial motor vehicle for life.

10. For a first conviction for leaving the scene of an accident while operating a

noncommercial motor vehicle, a holder of a commercial driver's license or learner's

permit must be disqualified from operating a commercial motor vehicle for one year.

11. For a second or subsequent conviction for leaving the scene of an accident while

operating a noncommercial motor vehicle, a holder of a commercial driver's license or

learner's permit must be disqualified from operating a commercial motor vehicle for

life.

12. For a first conviction for using a vehicle to commit a felony while operating a

noncommercial motor vehicle, a holder of a commercial driver's license or learner's

permit must be disqualified from operating a commercial motor vehicle for one year.

13. For a second or subsequent conviction for using a vehicle to commit a felony while

operating a noncommercial motor vehicle, a holder of a commercial driver's license or

learner's permit must be disqualified from operating a commercial motor vehicle for

life.

14. For a conviction for using a vehicle in the commission of a felony involving

manufacturing, distributing, or dispensing a controlled substance while operating a

commercial motor vehicle or a noncommercial motor vehicle, a holder of a commercial

driver's license or learner's permit must be disqualified from operating a commercial

motor vehicle for life.

15. An individual who is convicted of using a commercial motor vehicle in the commission

of a felony involving an act or practice of severe forms of trafficking of persons as

defined in the federal Trafficking Victims Protection Reauthorization Act of 2017

[Pub. L. 115-427, 132 Stat. 5503; 22 U.S.C. 7102] is disqualified permanently from

driving a commercial motor vehicle, without the possibility of reinstatement.

16. For a second conviction of any combination of two serious traffic violations, in a

separate incident within a three-year period while operating a noncommercial vehicle,

a learner's permit or commercial driver's license holder must be disqualified from

operating a commercial motor vehicle, if the conviction results in the revocation,

cancellation, or suspension of the learner's permit or commercial driver's license

holder's license or noncommercial driving privileges, for a period of sixty days.

17. For a third or subsequent conviction of any combination of serious traffic violations, in

a separate incident within a three-year period while operating a noncommercial motor

vehicle, a person required to have a learner's permit or commercial driver's license

and a learner's permit or commercial driver's license holder must be disqualified from

operating a commercial motor vehicle for a period of one hundred twenty days.

18. Before suspending, revoking, or disqualifying a driver under this section, the director

must provide the driver with notice of opportunity for hearing, in accordance with

section 39-06-33, and the hearing requested must be held in accordance with section

39-06-33.

19. After suspending, revoking, disqualifying, or canceling a commercial driver's license,

the director shall update the director's records to reflect that action within ten days.

After suspending, revoking, or canceling a nondomiciled commercial driver's

privileges, the director shall notify the licensing authority of the state that issued the

commercial driver's license or commercial learner's permit within ten days.

20. A foreign commercial driver is subject to disqualification under this section.
N.D. Cent. Code § 39-01-05 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-05
39-01-05. Expenses not to be collected by state officers or employees engaged in political activity
Status: in_force

39-01-05. Expenses not to be collected by state officers or employees engaged in

political activity.

A state officer or employee who uses or drives any privately owned motor vehicle while

engaged in political activity may not collect or receive from this state any expense moneys for

the use or operation of the motor vehicle while engaged in the political activity. A state officer or

employee may not collect or receive any traveling expense reimbursement from this state for

any time spent engaging in any political activity.
N.D. Cent. Code § 39-04-05.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-05.1
39-04-05.1. Refusal to register vehicle - Revoking registration - Appeal
Status: in_force

39-04-05.1. Refusal to register vehicle - Revoking registration - Appeal

1. If the department determines that an applicant for registration of a vehicle is not

entitled to registration, it may refuse to register the vehicle. The applicant has no

further right to apply for registration on the statements contained in the application

unless the department reverses its decision or its decision is reversed by a court of

competent jurisdiction.

2. The department may, after giving notice to the owner and an opportunity for a hearing,

revoke the registration of a vehicle if it determines that the vehicle is not entitled to

registration. The notice must be served in person or by registered or certified mail.
N.D. Cent. Code § 39-16-32 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-32
39-16-32. Who may be self-insurer
Status: in_force

39-16-32. Who may be self-insurer

1. Any person in whose name more than twenty-five motor vehicles are registered may

qualify as a self-insurer by obtaining a certificate of self-insurance issued by the

director as provided in subsection 2.

2. The director may, upon the application of any person, issue a certificate of

self-insurance when the director is satisfied that the person is possessed and will

continue to be possessed of ability to pay any judgment obtained against the person.

3. Upon not less than five days' notice and a hearing pursuant to such notice, the director

may cancel a certificate of self-insurance if the director is satisfied that the person is

not possessed or will not continue to be possessed of ability to pay any judgment

obtained against the person. Failure to pay any judgment within thirty days after such

judgment has become final constitutes a reasonable ground for the cancellation of a

certificate of self-insurance.
N.D. Cent. Code § 39-06-35 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-35
39-06-35. Period of suspension
Status: in_force

39-06-35. Period of suspension

1. After the period of suspension imposed under this title, the operator's license of an

individual that has been suspended remains suspended and may not be returned or

reinstated until the individual pays to the director a reinstatement fee as listed in

section 39-06-49. If applicable, the operator's license may not be returned until

compliance with subsection 4 of section 39-06.1-10. Upon payment of the

reinstatement fee the license must be returned to the individual. If the individual

submits payment of the reinstatement fee with a check, credit card, or debit card and

the individual stops payment on the transaction, the director shall reimpose the

suspension until the director receives proper payment.

2. A reinstatement fee is not required for a license to be returned to the operator if the

return of the license is due to the findings of a hearing, re-examination of hearing, or

court or judicial review under chapter 39-06, 39-06.1, or 39-20.
N.D. Cent. Code § 39-04-20 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-20
39-04-20. Additional fees required of trucks
Status: repealed

39-04-20. Additional fees required of trucks

Repealed by S.L. 1995, ch. 450, § 1.
N.D. Cent. Code § 39-04-10.10 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.10
39-04-10.10. North Dakota veterans' number plates
Status: in_force

39-04-10.10. North Dakota veterans' number plates

1. The director may issue distinctive number plates to individuals eligible for interment in

the North Dakota veterans' cemetery. The director shall issue a number plate under

this section upon receiving:

a. Payment of all other fees required under this chapter for registration of a motor

vehicle;

b. Payment of an initial fee of fifteen dollars of which ten dollars is to be deposited in

the highway tax distribution fund and five dollars is to be deposited in the

veterans' cemetery maintenance fund unless for a plate issued to a veteran who

has been awarded the purple heart, then there is not an initial fee; and

c. Verification of subsequent payments of an annual surcharge of ten dollars paid to

the adjutant general unless for a plate issued to a veteran who has been awarded

the purple heart, then there is not an annual surcharge.

2. The department shall collect the fees and the ten dollar surcharge under this section.

The department shall report to the legislative assembly on the funds collected under

this section during each legislative session. The department shall pay the funds

collected under subdivisions b and c of subsection 1 to the adjutant general monthly,

who then, within ten days of receipt of the funds, shall deposit five dollars of each

initial fee in the veterans' cemetery maintenance fund and the ten dollar surcharge

shall be divided with five dollars being deposited in the veterans' cemetery trust fund

and five dollars being deposited in the veterans' cemetery maintenance fund in the

state treasury. Investment of the fund is the responsibility of the state treasurer who

shall have full authority to invest the fund only in the same manner as the state

investment board is authorized to make investments. At the request of the adjutant

general, the interest in the veterans' cemetery trust fund must be deposited in the

veterans' cemetery maintenance fund for the purpose of funding salaries and

maintenance of the veterans' cemetery.

3. The veterans' cemetery trust fund may accept funds from private and federal sources.
N.D. Cent. Code § 39-10-05 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-05
39-10-05. Traffic-control signal legend
Status: in_force

39-10-05. Traffic-control signal legend

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or

colored lighted arrows, successively one at a time or in combination, only the colors green, red,

and yellow may be used, except for special pedestrian signals carrying a word or legend, and

said lights must indicate and apply to drivers of vehicles and pedestrians as follows:

1. Green indications:

a. Vehicular traffic facing a circular green indication may proceed straight through or

turn right or left unless a sign at such place prohibits either such turn. But

vehicular traffic, including vehicles turning right or left, shall yield the right of way

to other vehicles and to pedestrians lawfully within the intersection or an adjacent

crosswalk at the time such signal is exhibited.

b. Vehicular traffic facing a green arrow indication, shown alone or in combination

with another indication, may cautiously enter the intersection only to make the

movement indicated by such arrow or such other movement as is permitted by

other indications shown at the same time. Such vehicular traffic shall yield the

right of way to pedestrians lawfully within an adjacent crosswalk and to other

traffic lawfully using the intersection.

c. Unless otherwise directed by a pedestrian-control signal as provided for in

section 39-10-06, pedestrians facing any green indication, except when the sole

green indication is a turn arrow, may proceed across the roadway within any

marked or unmarked crosswalk.

2. Steady yellow indication:

a. Vehicular traffic facing a steady circular yellow or yellow arrow indication is

thereby warned that the related green movement is being terminated or that a red

indication will be exhibited immediately thereafter when vehicular traffic may not

enter the intersection.

b. Pedestrians facing a steady circular yellow or yellow arrow indication, unless

otherwise directed by a pedestrian-control signal as provided for in section

39-10-06, are thereby advised that there is insufficient time to cross the roadway

before a red indication is shown and no pedestrian may then start to cross the

roadway.

3. Steady red indication:

a. Vehicular traffic facing a steady circular red indication alone shall stop at a clearly

marked stop line, but if none, before entering the crosswalk on the near side of

the intersection, or if none, then before entering the intersection and shall remain

standing until an indication to proceed is shown, except as provided for in

subdivision c.

b. Vehicular traffic facing a steady red arrow indication may not enter the

intersection to make the movement indicated by the arrow and, unless entering

the intersection to make a movement permitted by another indication, must stop

at a clearly marked stop line, but if none, before entering the crosswalk on the

near side of the intersection, or if none, then before entering the intersection and

must remain standing until an indication permitting the movement indicated by the

red arrow is shown except as provided for in subdivision c.

c. Except when a sign is in place prohibiting a turn, vehicular traffic facing any

steady red indication may cautiously enter the intersection to turn right, or to turn

left from a one-way street into a one-way street, after stopping as required by

subdivisions a and b. Such vehicular traffic shall yield the right of way to

pedestrians lawfully within adjacent crosswalk and to other traffic lawfully using

the intersection.

d. Unless otherwise directed by a pedestrian-control signal as provided for in

section 39-10-06, pedestrians facing a steady circular red or red arrow indication

alone may not enter the roadway.

4. In the event an official traffic-control signal is erected and maintained at a place other

than an intersection, the provisions of this section are applicable, except as to those

provisions which by their nature can have no application. Any stop required must be

made at a sign or marking on the pavement indicating where the stop must be made,

but in the absence of any such sign or marking the stop must be made at the signal.
N.D. Cent. Code § 39-12-09 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-09
39-12-09. Unlawful to violate provisions governing size, weight, or construction of vehicles - Size and weight specified in this chapter lawful through state - Penalty
Status: in_force

39-12-09. Unlawful to violate provisions governing size, weight, or construction of

vehicles - Size and weight specified in this chapter lawful through state - Penalty.

It is unlawful for any person to drive or move, or for the owner to cause or knowingly to

permit to be driven or moved, on any highway, any vehicle or vehicles which are not constructed

as required in this chapter nor according to the rules and regulations of the director adopted

pursuant to the provisions of this chapter. The maximum size and weight of vehicles specified in

this chapter are lawful throughout this state, except as they may be limited by virtue of

specifications made pursuant to the other provisions of this chapter. Any person who violates

any of the provisions of this section must be assessed a fee of twenty dollars.
N.D. Cent. Code § 39-03.1-03 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-03
39-03.1-03. North Dakota highway patrolmen's retirement board
Status: repealed

39-03.1-03. North Dakota highway patrolmen's retirement board

Repealed by S.L. 1983, ch. 419, § 4.
N.D. Cent. Code § 39-01-18 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-18
39-01-18. Dealer bond cancellation - Reinstatement - Revocation of license
Status: in_force

39-01-18. Dealer bond cancellation - Reinstatement - Revocation of license

Any dealer required to be bonded by the provisions of title 39 whose bond is canceled by

the surety company shall file a new bond with the department before the effective date of the

cancellation. The effective date of a bond cancellation must be thirty days after notification by

certified mail to the department from the surety company. Any dealer failing to maintain a current

surety bond with the department shall return the dealer's license and dealer's plates to the

department on or before the effective date of the cancellation. Failure to return the dealer's

license or dealer's plates results in automatic revocation by operation of law. The department

may order the superintendent to take possession of any dealer's license or dealer's plates not

returned to the department as required in this section. The department shall reinstate the

dealer's license and dealer's plates if a new bond is received within thirty days of the revocation.
N.D. Cent. Code § 39-03.1-16 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-16
39-03.1-16. Disability retirement allowance
Status: repealed

39-03.1-16. Disability retirement allowance

Repealed by S.L. 1981, ch. 380, § 8.
N.D. Cent. Code § 39-07-05 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-05
39-07-05. Persons working on highways - Exceptions
Status: in_force

39-07-05. Persons working on highways - Exceptions

Unless specifically made applicable, the provisions of chapters 39-08, 39-09, 39-10, and

39-12, except sections 39-08-01, 39-08-03, and 39-08-19, do not apply to persons, motor

vehicles, and other equipment while actually engaged in work upon a highway, but do apply to

such persons and vehicles when traveling to or from such work.
N.D. Cent. Code § 39-10-21 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-21
39-10-21. Restrictions on use of controlled-access roadway
Status: in_force

39-10-21. Restrictions on use of controlled-access roadway

The director may by order, and local authorities may by ordinance, with respect to any

controlled-access roadway under their respective jurisdictions, prohibit the use of any such

roadway by any class or kind of traffic which is found incompatible with the normal and safe

movement of traffic.

The director or the local authority adopting any such prohibition shall erect and maintain

official traffic-control devices on the controlled-access roadway on which such prohibitions are

applicable and when in place no person may disobey the restrictions stated on such devices.
N.D. Cent. Code § 39-20-12 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-12
39-20-12. Liability
Status: in_force

39-20-12. Liability

Any individual medically qualified to draw blood or any licensed physician, nurse,

technician, or an employee of a hospital who draws blood from any person pursuant to a

request of any arresting officer is not liable in any civil action for damages arising out of said act

except for gross negligence.
N.D. Cent. Code § 39-34-06 — ND Code / Title 39 / Chapter 39-34 / Section 39-34-06
39-34-06. Controlling authority
Status: in_force

39-34-06. Controlling authority

1. Notwithstanding any other provision of law, transportation network companies and

transportation network company drivers are governed exclusively by this chapter,

chapter 26.1-40.1, and any rules adopted consistent with this chapter and adopted by

the insurance commissioner under chapter 26.1-40.1.

2. A political subdivision may not impose a tax on, or require a license for, a

transportation network company, transportation network company driver, delivery

network company, or a delivery network company driver or subject a transportation

network company or delivery network company to the political subdivision's rate, entry,

operational, or other requirements.

3. This chapter may not be construed to limit the ability of a commercial service airport or

the governing body of a commercial service airport to enter an operating agreement

with a transportation network company which authorizes operational access to the

commercial service airport. An operating agreement entered under this subsection

may provide guidelines for entry, pick-up, drop-off, fees, and other airport operational

procedures required by the commercial service airport for the transportation network

company to be allowed operational access to the commercial service airport. As used

in this subsection, "commercial service airport" means a public airport that has at least

two thousand five hundred passenger boardings per calendar year and receives

scheduled passenger aircraft service.
N.D. Cent. Code § 39-16.1-18 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-18
39-16.1-18. Procedure on failure of proof on file
Status: in_force

39-16.1-18. Procedure on failure of proof on file

Whenever any proof of financial responsibility filed under the provisions of this chapter no

longer fulfills the purposes for which required, the director shall, for the purpose of this chapter,

require other proof as required by this chapter and shall suspend the license or the

nonresident's operating privilege upon failure to file such other proof as required.
N.D. Cent. Code § 39-04-14.4 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-14.4
39-04-14.4. Renewal of motorcycle registration
Status: in_force

39-04-14.4. Renewal of motorcycle registration

Every motorcycle registration under this chapter expires on March thirty-first and must be

renewed every year upon application by the owner and by payment of the fees required by law.

The renewal takes effect on the first day of April. The department may prorate the initial

registration fee.
N.D. Cent. Code § 39-03-08.2 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-08.2
39-03-08.2. Requests for bids - How advertised
Status: repealed

39-03-08.2. Requests for bids - How advertised

Repealed by S.L. 1999, ch. 332, § 1.
N.D. Cent. Code § 39-04-19 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-19
39-04-19. Motor vehicle registration fees and mile tax
Status: in_force

39-04-19. Motor vehicle registration fees and mile tax

Motor vehicles required to pay registration fees or a mile tax shall pay the following fees:

1. Nonresidents electing to pay mile tax in lieu of registration, when authorized to do so

by the department, shall pay a fee of twenty dollars for a trip permit which is valid for a

period of seventy-two hours. All fees collected under the provisions of this subsection

must be credited to the state highway fund.

2. Motor vehicles required to be registered in this state must be furnished license plates

upon the payment of the following annual fees; however, if a motor vehicle, including a

motorcycle or trailer, first becomes subject to registration other than at the beginning of

the registration period, such fees must be prorated on a monthly basis. The minimum

fee charged hereunder must be five dollars:

a. Passenger motor vehicles:

YEARS REGISTERED

1st, 2nd, 7th, 8th, 10th, 11th, 13th and

Gross 3rd, 4th, 5th, and 9th and 12th Subsequent

Weights and 6th Years Years Years Years

Less than 3,200 $73 $65 $57 $49

3,200 - 4,499 93 81 69 57

4,500 - 4,999 111 94 79 63

5,000 - 5,999 142 120 98 76

6,000 - 6,999 175 146 117 89

7,000 - 7,999 208 172 137 102

8,000 - 8,999 241 199 157 115

9,000 and over 274 225 177 128

A house car is subject to registration at the rates prescribed for other

vehicles under this subdivision modified by using the weight applicable to a

vehicle whose weight is forty percent of that of the house car, but not using a

weight of less than four thousand pounds [1814.35 kilograms].

A pickup truck is subject to registration at the rates prescribed for other

vehicles under this subdivision by applying the gross vehicle weight rating of the

vehicle to the fee schedule. At a minimum, the registered gross weight displayed

on the registration card for a pickup truck must be the gross vehicle weight rating

of the vehicle. Unless otherwise exempted by this chapter, the owner of a pickup

truck shall request the registered gross weight of the pickup truck be increased to

ensure the registered gross weight is sufficient to include the total weight of the

vehicle and any load transported on or by the vehicle. For purposes of this

subdivision, a pickup truck is a motor vehicle with a manufacturer's gross vehicle

weight rating of less than eleven thousand five hundred pounds [5216.31

kilograms], with an unladen weight of less than eight thousand pounds [3628.74

kilograms], and which is equipped with an open box-type bed not exceeding nine

feet [2.74 meters] in length.

b. Schoolbuses, buses for hire, buses owned and operated by religious, charitable,

or nonprofit organizations and used exclusively for religious, charitable, or other

public nonprofit purposes, and trucks or combination trucks and trailers, including

commercial and noncommercial trucks, except those trucks or combinations of

trucks and trailers which qualify for registration under this subsection or

subsection 5:

YEARS REGISTERED

1st 7th 10th 13th 20th and

Gross Through Through Through Through Subsequent

Weights 6th Years 9th Years 12th Years 19th Years Years

Not over 4,000 $71 $58 $53 $50 $49

4,001 - 6,000 76 63 57 51 50

6,001 - 8,000 81 68 61 52 51

8,001 - 10,000 86 73 65 54 53

10,001 - 12,000 91 78 69 56 55

12,001 - 14,000 96 83 73 59 58

14,001 - 16,000 101 88 77 62 61

16,001 - 18,000 106 93 81 64 63

18,001 - 20,000 109 96 83 65 64

YEARS REGISTERED

1st, 2nd, 3rd, 8th, 9th, 10th, 13th and

Gross 4th, 5th, 6th, 11th, and Subsequent

Weights and 7th Years 12th Years Years

20,001 - 22,000 $139 $113 $100

22,001 - 26,000 191 161 145

26,001 - 30,000 252 210 188

30,001 - 34,000 318 263 235

34,001 - 38,000 379 312 278

38,001 - 42,000 440 361 320

42,001 - 46,000 501 409 363

46,001 - 50,000 562 458 406

50,001 - 54,000 632 516 457

54,001 - 58,000 693 565 500

58,001 - 62,000 755 614 543

62,001 - 66,000 815 662 586

66,001 - 70,000 876 711 628

70,001 - 74,000 937 760 671

74,001 - 78,000 998 809 714

78,001 - 82,000 1,059 858 757

82,001 - 86,000 1,182 963 844

86,001 - 90,000 1,304 1,067 931

90,001 - 94,000 1,426 1,172 1,018

94,001 - 98,000 1,548 1,277 1,106

98,001 - 102,000 1,670 1,381 1,193

102,001 - 105,500 1,792 1,486 1,280

c. Motorcycles, fifteen dollars.

3. Motor vehicles acquired by disabled veterans under the provisions of Public Law

79-663 [38 U.S.C. 3901] are exempt from the payment of state sales or use tax and, if

paid, such veterans are entitled to a refund. This exemption also applies to any

passenger motor vehicle or pickup truck not exceeding twenty-six thousand pounds

[11793.40 kilograms] registered gross weight but shall apply to no more than two such

motor vehicles owned by a disabled veteran at any one time.

4. a. Each trailer, except a semitrailer or farm trailer, required to be registered under

this chapter must be furnished registration plates upon the payment of a twenty

dollar annual fee. A trailer, semitrailer, or farm trailer not required to be registered

under this chapter must be furnished an identification plate upon the payment of a

fee of five dollars.

b. A semitrailer or farm trailer required to be registered under this chapter must be

furnished:

(1) Permanent registration plates upon the payment of a permanent registration

fee of one hundred twenty dollars. The permanent registration is valid until

ownership of the semitrailer or farm trailer is transferred, assigned, or if the

semitrailer is destroyed or otherwise completely removed from the service of

the owner; or

(2) Annual registration upon the payment of a twenty dollar annual fee.

c. Upon the request of a person with a trailer or farm trailer to whom a registration or

identification plate is provided under this subsection, the department shall provide

a plate of the same size as provided for a motorcycle. The department shall

provide notification of this option to the person before the replacement or

issuance of the plate.

5. Trucks or combinations of trucks and trailers weighing more than twenty thousand but

not more than one hundred five thousand five hundred pounds [more than 9071.84 but

not more than 47854.00 kilograms] which are used as farm vehicles only, are entitled

to registration under the following fee schedule and the provisions of this subsection.

Farm vehicles are considered, for the purpose of this subsection, as trucks or

combinations of trucks and trailers weighing more than twenty thousand but not more

than one hundred five thousand five hundred pounds [more than 9071.84 but not more

than 47854.00 kilograms] owned, or leased for at least one year by a bona fide

resident farmer who uses the vehicles exclusively for transporting the farmer's own

property or other property on a farm work exchange basis with other farmers between

farms and the usual local trading places but not in connection with any commercial

retail or wholesale business being conducted from those farms, nor otherwise for hire.

In addition to the penalty provided in section 39-04-41, any person violating this

subsection shall license for the entire license period the farm vehicle at the higher

commercial vehicle rate in accordance with the weight carried by the farm vehicle at

the time of the violation.

YEARS REGISTERED

1st, 2nd, 7th and 9th and 11th and

Gross 3rd, 4th, 5th, 8th 10th Subsequent

Weights and 6th Years Years Years Years

20,001 - 22,000 $111 $97 $83 $65

22,001 - 24,000 116 101 86 67

24,001 - 26,000 124 107 90 69

26,001 - 28,000 135 115 96 73

28,001 - 30,000 144 123 102 77

30,001 - 32,000 159 136 113 86

32,001 - 34,000 169 144 119 90

34,001 - 36,000 179 152 125 94

36,001 - 38,000 189 160 131 98

38,001 - 40,000 199 168 137 102

40,001 - 42,000 209 176 143 106

42,001 - 44,000 219 184 149 110

44,001 - 46,000 229 192 155 114

46,001 - 48,000 239 200 161 118

48,001 - 50,000 249 208 167 122

50,001 - 52,000 269 226 183 136

52,001 - 54,000 279 234 189 140

54,001 - 56,000 289 242 195 144

56,001 - 58,000 299 250 201 148

58,001 - 60,000 309 258 207 152

60,001 - 62,000 319 266 213 156

62,001 - 64,000 329 274 219 160

64,001 - 66,000 339 282 225 164

66,001 - 68,000 349 290 231 168

68,001 - 70,000 359 298 237 172

70,001 - 72,000 369 306 243 176

72,001 - 74,000 379 314 249 180

74,001 - 76,000 389 322 255 184

76,001 - 78,000 399 330 261 188

78,001 - 80,000 409 338 267 192

80,001 - 82,000 419 346 273 196

82,001 - 84,000 429 368 316 272

84,001 - 86,000 449 385 330 284

86,001 - 88,000 469 402 344 296

88,001 - 90,000 489 419 358 308

90,001 - 92,000 509 436 372 320

92,001 - 94,000 529 453 386 332

94,001 - 96,000 549 470 400 344

96,001 - 98,000 569 487 414 356

98,001 - 100,000 589 504 428 368

100,001 - 102,000 609 521 442 380

102,001 - 104,000 629 538 456 392

104,001 - 105,500 649 555 470 404

6. A motor vehicle registered in subsection 5 may be used for custom combining

operations by displaying identification issued by the department and upon payment of

a fee of twenty-five dollars.
N.D. Cent. Code § 39-06-27 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-27
39-06-27. Suspending licenses upon conviction, suspension, or revocation in another jurisdiction
Status: in_force

39-06-27. Suspending licenses upon conviction, suspension, or revocation in another

jurisdiction.

1. The director may suspend or revoke the operator's license of any resident of this state

or the privilege of a nonresident to operate a motor vehicle in this state upon receiving

notice of the conviction of that individual in a tribal court or in another state of an

offense, which if committed in this state would be grounds for the suspension or

revocation of an operator's license of an operator. The director may act on a report of a

conviction in tribal court received from any tribal law enforcement agency. This section

may not be construed as authorizing the assessment of points against a resident's

driving record in accordance with chapter 39-06.1, except upon conviction of a

resident driver for a criminal offense in a tribal court or in another state which is

equivalent to one of those offenses defined in section 39-06.1-05. A suspension or

revocation may not be imposed for convictions for driving under suspension or

revocation on an Indian reservation or in another state if a valid operator's license from

this state was in effect at the time of the violation. For purposes of this section,

originals, photostatic copies, and electronic transmissions of the records of the driver's

licensing or other authority of the other jurisdiction are sufficient evidence even if not

certified copies.

2. Upon receipt of a certification that the operating privileges of a resident of this state

have been suspended or revoked on an Indian reservation or in any other state under

a law providing for the suspension or revocation for failure to deposit security for the

payment of judgments arising out of a motor vehicle accident if under circumstances

that would require the director to suspend a nonresident's operating privileges had the

accident occurred in this state, the director shall suspend the license of the resident if

the resident was the driver of a motor vehicle involved in the accident. The suspension

continues until the resident furnishes evidence satisfactory to the director of the

resident's compliance with the laws of the Indian reservation or the other state relating

to the deposit of security or payment of a judgment arising out of a motor vehicle

accident, to the extent that compliance would be required if the accident had occurred

in this state.
N.D. Cent. Code § 39-06-17 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-17
39-06-17. Restricted licenses - Penalty for violation
Status: in_force

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
N.D. Cent. Code § 39-21-28 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-28
39-21-28. Standards for lights on snow-removal or other hazardous equipment
Status: in_force

39-21-28. Standards for lights on snow-removal or other hazardous equipment

1. The director shall adopt standards and specifications applicable to headlamps,

clearance lamps, identification and other lamps on snow-removal or other hazardous

equipment when operated on the highways of this state in lieu of the lamps otherwise

required on motor vehicles by this chapter. Such standards and specifications may

permit the use of flashing lights for purposes of identification on snow-removal

equipment when in service upon the highways. The standards and specifications for

lamps referred to in this section must correlate with and, so far as possible, conform

with those approved by the American association of state highway officials.

2. It is unlawful to operate any snow-removal equipment on any highway unless the

lamps thereon comply with and are lighted when and as required by the standards and

specifications adopted as provided in this section.
N.D. Cent. Code § 39-10-33.4 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-33.4
39-10-33.4. Pedestrian under influence of alcohol or drugs
Status: in_force

39-10-33.4. Pedestrian under influence of alcohol or drugs

A pedestrian who is under the influence of alcohol or any drug to a degree which renders

the pedestrian a hazard may not walk or be upon a roadway.
N.D. Cent. Code § 39-20-03 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-03
39-20-03. Consent of person incapable of refusal not withdrawn
Status: repealed

39-20-03. Consent of person incapable of refusal not withdrawn

Repealed by S.L. 2017, ch. 268, § 9.
N.D. Cent. Code § 39-21-41.5 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-41.5
39-21-41.5. Secondary enforcement
Status: repealed

39-21-41.5. Secondary enforcement

Repealed by S.L. 2023, ch. 362, § 2.
N.D. Cent. Code § 39-01-01 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-01
39-01-01. Definitions
Status: in_force

39-01-01. Definitions

In this title, unless the context or subject matter otherwise requires:

1. "Appropriate licensed addiction treatment program" means an addiction treatment

program conducted by an addiction facility licensed by the department of health and

human services or conducted by a licensed individual specifically trained in addiction

treatment.

2. "Authorized emergency vehicles":

a. "Class A" authorized emergency vehicles means:

(1) Vehicles of a governmentally owned fire department.

(2) Vehicles when operated by or under the control of a police officer having

authority to enforce the provisions of this title or by a salaried employee of a

municipal police department within the municipality or by a sheriff or deputy

sheriff not including special deputy sheriffs, or by the director of the

department of corrections and rehabilitation and the director's authorized

agents who have successfully completed training in the operation of class A

authorized emergency vehicles.

(3) Vehicles clearly identifiable as property of the department of corrections and

rehabilitation when operated or under the control of the director of the

department of corrections and rehabilitation.

(4) Ambulances and other vehicles authorized by licensure granted under

(5) Vehicles operated by or under the control of the director, district deputy

director, or a district deputy game warden of the game and fish department.

(6) Vehicles owned or leased by the United States and used for law

enforcement purposes.

(7) Vehicles designated for the use of the adjutant general or assistant adjutant

general in cases of emergency.

(8) Vehicles operated by or under the control of the director of the parks and

recreation department.

(9) Vehicles operated by or under the control of a licensed railroad police officer

and used for law enforcement purposes.

(10) Vehicles operated by or under the control of the state forester.

(11) Vehicles operated by or under the control of the bureau of criminal

investigation and used for law enforcement purposes.

(12) Vehicles operated by or under the department of health and human services

in cases of emergencies.

(13) Vehicles used or operated by governmental search and rescue personnel

while performing emergency operations or duties. As used in this paragraph,

"search and rescue" means deployment, coordination, and use of available

resources and personnel in locating, relieving the distress, and preserving

the life of and removing an individual who is missing, trapped, or lost in the

backcountry, remote areas, or waters of the state. The term includes water

and dive rescue.

b. "Class B" authorized emergency vehicles means wreckers and such other

emergency vehicles as are authorized by the local authorities.

c. "Class C" authorized emergency vehicles means:

(1) Vehicles used by the state division of homeland security and emergency

management or local division of emergency management organizations.

(2) Vehicles used by volunteer firefighters while performing their assigned

disaster and emergency responsibilities.

(3) Vehicles, other than ambulances, used by emergency medical services

personnel.

(4) Vehicles used by volunteer search and rescue personnel if performing an

emergency operation or duty upon the request of a state entity, political

subdivision, or volunteer fire department. A volunteer organization may

classify a personal vehicle as a class C emergency vehicle if needed to

assist in a search and rescue operation in accordance with this paragraph.

As used in this paragraph, "search and rescue" means deployment,

coordination, and use of available resources and personnel in locating,

relieving the distress, and preserving the life of and removing an individual

who is missing, trapped, or lost in the backcountry, remote areas, or waters

of the state. The term includes water and dive rescue.

3. "Bicycle" means every device propelled solely by human power upon which any

person may ride, having two tandem wheels or two parallel wheels and one forward or

rearward wheel. The term includes an electric bicycle and a multipassenger bicycle.

4. "Bus" means every motor vehicle designed for carrying more than ten passengers and

used for the transportation of persons, and every motor vehicle, other than a taxicab,

designed and used for the transportation of persons for compensation. Provided, every

motor vehicle designed for carrying not more than fifteen persons and used for a

ridesharing arrangement, as defined in section 8-02-07, is not a "bus".

5. "Business district" means the territory contiguous to a highway when fifty percent or

more of the frontage thereon for a distance of three hundred feet [91.44 meters] or

more is occupied by buildings in use for business.

6. "Camping trailer" means a vehicular portable unit mounted on wheels and constructed

with collapsible partial side walls that fold for towing by another vehicle and unfold at

the campsite to provide temporary living quarters for recreational, camping, or travel

use.

7. "Cancellation" means a license is annulled and terminated because of an error or

defect or because the licensee is no longer entitled to the operator's license, but the

cancellation of a license is without prejudice and application for a new license may be

made at any time after the cancellation.

8. "Child restraint system" means a specifically designed device, built-in seating system,

or belt-positioning booster that meets the federal motor vehicle safety standards and is

permanently affixed to a motor vehicle, is affixed to the vehicle by a safety belt or

universal attachment system, or is combined with a federally compliant safety belt

system.

9. "Commercial freighting" means the carriage of things other than passengers, for hire,

except that such term does not include:

a. The carriage of things other than passengers within the limits of the same city;

b. Carriage by local dray lines of baggage or goods to or from a railroad station from

or to places in such city or in the immediate vicinity thereof, in this state, and not

to exceed two miles [3.22 kilometers] from the corporate or recognized limits of

said city; or

c. Hauling done by farmers for their neighbors in transporting agricultural products

to or from market.

10. "Commercial passenger transportation" means the carriage of passengers for hire,

except that the term does not include:

a. The carriage of passengers within the limits of a city.

b. The carriage by local buslines of passengers to or from a railroad station from or

to places within any city or within two miles [3.22 kilometers] of the limits of the

city.

c. The carriage of passengers under a ridesharing arrangement, as defined in

section 8-02-07.

11. "Commissioner" means the director of the department of transportation of this state,

acting directly or through authorized agents as provided by section 24-02-01.3.

12. "Controlled-access highway" means every highway, street, or roadway in respect to

which owners or occupants of abutting lands and other persons have no legal right of

access to or from the same except at such points only and in such manner as may be

determined by the public authority having jurisdiction over such highway, street, or

roadway.

13. "Conviction" means a final order or judgment or conviction by the North Dakota

supreme court, any lower court having jurisdiction, a tribal court, or a court in another

state if an appeal is not pending and the time for filing a notice of appeal has elapsed.

Subject to the filing of an appeal, the term includes:

a. An imposed and suspended sentence;

b. A deferred imposition of sentence under subsection 4 of section 12.1-32-02; or

c. A forfeiture of bail or collateral deposited to secure a defendant's appearance in

court and the forfeiture has not been vacated.

14. "Crosswalk" means that part of a roadway at an intersection included within the

connections of the lateral lines of the sidewalks on opposite sides of the highway

measured from the curbs, or, in the absence of curbs, from the edges of the

traversable roadway; or any portion of a roadway at an intersection or elsewhere

distinctly indicated for pedestrian crossing by lines or other markings on the surface.

15. "Dealer" means every person, partnership, corporation, or limited liability company

engaged in the business of buying, selling, or exchanging motor vehicles, or who

advertises, or holds out to the public as engaged in the buying, selling, or exchanging

of motor vehicles, or who engages in the buying of motor vehicles for resale. Any

person, partnership, corporation, limited liability company, or association doing

business in several cities or in several locations within a city must be considered a

separate dealer in each such location.

16. "Department" means the department of transportation of this state as provided by

section 24-02-01.1.

17. "Director" means the director of the department of transportation of this state as

provided by section 24-02-01.3.

18. "Driver" means every person who drives or is in actual physical control of a vehicle.

19. "Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat

for the rider, and an electric motor of seven hundred fifty or fewer watts which meets

the requirements of one of the following three classes:

a. A class 1 electric bicycle if the motor provides assistance only when the individual

is pedaling and the motor ceases to provide assistance when a speed of twenty

miles [32 kilometers] per hour is achieved.

b. A class 2 electric bicycle if the motor is capable of propelling the bicycle without

the individual pedaling and the motor ceases to provide assistance when a speed

of twenty miles [32 kilometers] per hour is achieved.

c. A class 3 electric bicycle if the motor provides assistance only when the individual

is pedaling and the motor ceases to provide assistance when a speed of

twenty-eight miles [45 kilometers] per hour is achieved.

20. "Electronic communication device" means an electronic device, including a wireless

telephone, personal digital assistant, a portable or mobile computer or other device,

and video display equipment. The term does not include a global positioning system or

navigation system or a device that is physically or electronically integrated into the

motor vehicle.

21. "Essential parts" means all integral and body parts of a vehicle of a type required to be

registered hereunder, the removal, alteration, or substitution of which would tend to

conceal the identity of the vehicle or substantially alter its appearance, model, type, or

mode of operation and includes all integral parts and body parts, the removal,

alteration, or substitution of which will tend to conceal the identity or substantially alter

the appearance of the vehicle.

22. "Explosives" means any chemical compound or mechanical mixture that is commonly

used or intended for the purpose of producing an explosion and which contains any

oxidizing and combustive units or other ingredients in such proportions, quantities, or

packing that an ignition by fire, by friction, by concussion, by percussion, or by

detonator of any part of the compound or mixture may cause such a sudden

generation of highly heated gases that the resultant gaseous pressures are capable of

producing destructive effects on contiguous objects or by destroying life or limb.

23. "Farm tractor" includes every motor vehicle designed and used primarily as a farm

implement for drawing plows, moving machines, and other implements of husbandry.

24. "Farm trailer" includes those trailers and semitrailers towed by a bona fide resident

farmer hauling the farmer's own agricultural, horticultural, dairy, and other farm

products if the gross weight, not including the towing vehicle, does not exceed

twenty-four thousand pounds [10886.22 kilograms].

25. "Fifth-wheel travel trailer" means a vehicular unit mounted on wheels, designed to

provide temporary living quarters for recreational, camping, or travel use, of such size

or weight as not to require a special highway movement permit and designed to be

towed by a motorized vehicle that contains a towing mechanism that is mounted above

or forward of the tow vehicle's rear axle.

26. "Flammable liquid" means any liquid which has a flash point of seventy degrees

Fahrenheit [21.11 degrees Celsius], or less, as determined by a tagliabue or equivalent

closed-cup test device.

27. "Foreign vehicle" means every motor vehicle which is brought into this state other than

in the ordinary course of business by or through a manufacturer or dealer and which

has not been registered in this state.

28. "Gross weight" means the weight of a vehicle without load plus the weight of any load

thereon.

29. "Guest" means and includes a person who accepts a ride in any vehicle without giving

compensation therefor.

30. "Highway" means the entire width between the boundary lines of every way publicly

maintained when any part thereof is open to the use of the public for purposes of

vehicular travel and of every way privately maintained within a mobile home park,

trailer park, or campground containing five or more lots for occupancy by mobile

homes, travel trailers, or tents when any part thereof is open for purposes of vehicular

travel.

31. "House car" or "motor home" means a motor vehicle which has been reconstructed or

manufactured primarily for private use as a temporary or recreational dwelling and

having at least four of the following permanently installed systems:

a. Cooking facilities.

b. Icebox or mechanical refrigerator.

c. Potable water supply including plumbing and a sink with faucet either

self-contained or with connections for an external source, or both.

d. Self-contained toilet or a toilet connected to a plumbing system with connection

for external water disposal, or both.

e. Heating or air-conditioning system, or both, separate from the vehicle engine or

the vehicle engine electrical system.

f. A 110-115 volt alternating current electrical system separate from the vehicle

engine electrical system either with its own power supply or with a connection for

an external source, or both, or a liquefied petroleum system and supply.

32. "Implement of husbandry" means every vehicle designed and adapted exclusively for

agricultural, horticultural, or livestock raising operations or for lifting or carrying an

implement of husbandry and in either case not subject to registration if used upon the

highway.

33. "Intersection" means the area embraced within the prolongation or connection of the

lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two

highways which join one another at, or approximately at, right angles, or the area

within which vehicles traveling upon different highways joining at any other angle may

come in conflict. Where a highway includes two roadways thirty feet [9.14 meters] or

more apart, then every crossing of each roadway of such divided highway by an

intersecting highway must be regarded as a separate intersection. In the event such

intersecting highway also includes two roadways thirty feet [9.14 meters] or more

apart, then every crossing of two roadways of such highways must be regarded as a

separate intersection.

34. "Intoxicating liquor" means and includes any beverage containing alcohol.

35. "Judgment" means any judgment which has become final by expiration without appeal

of the time within which an appeal might have been perfected, or by final affirmation on

appeal, rendered by a court of competent jurisdiction of any state of the United States,

upon a claim for relief arising out of ownership, maintenance, or use of any motor

vehicle, for damages, including damages for care and loss of services, because of

bodily injury to or death of any person, or for damages because of injury to or

destruction of property, including the loss of use thereof, or upon a claim for relief on

an agreement of settlement for such damages.

36. "Legal owner" means a person who holds the legal title to a vehicle.

37. "Licensed health care provider" means doctor of medicine, doctor of osteopathy,

doctor of chiropractic, optometrist, psychologist, advanced practice registered nurse,

or physician assistant who is licensed, certified, or registered in accordance with laws

and regulations in this or another state.

38. "Lienholder" means a person holding a security interest in a vehicle.

39. "Local authorities" includes every county, municipal, and other local board or body

having authority to adopt local police regulations under the constitution and laws of this

state.

40. "Mail" means to deposit mail properly addressed and with postage prepaid with the

United States postal service.

41. "Manifest injustice" means a specific finding by the court that the imposition of

sentence is unreasonably harsh or shocking to the conscience of a reasonable person,

with due consideration of the totality of circumstances.

42. "Manufactured home" means a structure, transportable in one or more sections, that,

in the traveling mode, is eight body feet [2.44 meters] or more in width or forty body

feet [12.19 meters] or more in length, or, when erected onsite, is three hundred twenty

square feet [29.73 square meters] or more, and which is built on a permanent chassis

and designed to be used as a dwelling with or without a permanent foundation when

connected to the required utilities, and includes the plumbing, heating, air-conditioning,

and electrical systems contained therein. The term includes any structure that meets

all of the requirements of this subsection except the size requirements and with

respect to whether the manufacturer voluntarily files a certification required by the

United States secretary of housing and urban development and complies with the

standards established under title 42 of the United States Code.

43. "Manufacturer" means any person who manufactures, assembles, or imports and sells

new motor vehicles to new motor vehicle dealers for resale in the state; but such term

does not include a person who assembles or specially builds interior equipment on a

completed vehicle supplied by another manufacturer, distributor, or supplier.

44. "Metal tires" includes all tires the surface of which in contact with the highway is wholly

or partly of metal or other hard, nonresilient material except that this provision does not

apply to pneumatic tires.

45. "Mobile home" means a structure, either single or multisectional, which is built on a

permanent chassis, ordinarily designed for human living quarters, either on a

temporary or permanent basis, owned or used as a residence or place of business of

the owner or occupant, which is either attached to utility services or is twenty-seven

feet [8.23 meters] or more in length.

46. "Modular unit" includes every factory fabricated transportable building unit designed to

be incorporated with similar units at a building site into a modular structure to be used

for residential, commercial, educational, or industrial purposes.

47. "Motor vehicle" includes every vehicle that is self-propelled, every vehicle that is

propelled by electric power obtained from overhead trolley wires, but not operated

upon rails, and, for purposes of motor vehicle registration, title registration, and

operator's licenses, motorized bicycles. The term does not include a snowmobile as

defined in section 39-24-01, an electric bicycle, or a multipassenger bicycle.

48. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the

rider and designed to travel on not more than three wheels in contact with the ground,

but excluding implements of husbandry. The term does not include an electric bicycle.

49. "Motorized bicycle" means a vehicle equipped with two or three wheels, foot pedals to

permit muscular propulsion or footrests for use by the operator, a power source

providing up to a maximum of two brake horsepower having a maximum piston or rotor

displacement of 3.05 cubic inches [49.98 milliliters] if a combustion engine is used,

which will propel the vehicle, unassisted, at a speed not to exceed thirty miles [48.28

kilometers] per hour on a level road surface, and a power drive system that functions

directly or automatically only, not requiring clutching or shifting by the operator after the

drive system is engaged, and the vehicle may not have a width greater than thirty-two

inches [81.28 centimeters]. The term does not include an electric bicycle.

50. "Motor-powered recreational vehicle" means a motorcycle, unconventional vehicle, or

off-highway vehicle as defined in section 39-29-01, or a snowmobile as defined in

section 39-24-01. The term does not include an electric bicycle.

51. "Multipassenger bicycle" means a vehicle that:

a. Has fully operative pedals for propulsion entirely by human power;

b. Has at least four wheels and is operated in a manner similar to a bicycle;

c. Has at least five seats for passengers;

d. Has been designed to be occupied by a driver and powered either by passengers

providing pedal power to the drive train of the vehicle or by a motor capable of

propelling the vehicle in the absence of human power;

e. Is used for commercial purposes;

f. Is operated by the owner of the vehicle or an employee of the owner of the

vehicle;

g. Is equipped with a steering wheel that gives the driver exclusive control of the

direction of the vehicle;

h. Is equipped with at least one taillamp in accordance with section 39-21-04;

i. Is equipped with a stop lamp in accordance with subsection 1 of section

39-21-19; and

j. Is equipped with headlamps in accordance with section 39-27-17.1.

52. "Nonresident" means any person who is not a resident of this state.

53. "Nonresident's operating privilege" means the privilege conferred upon a nonresident

by the laws of this state pertaining to the operation by such person of a motor vehicle,

or the use of a vehicle owned by such person, in this state.

54. "Official traffic-control devices" means all signs, signals, markings, and devices not

inconsistent with this title placed or erected by authority of a public body or official

having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

55. "Operator" means every person who drives or is in actual physical control of a motor

vehicle upon a highway or who is exercising control over or steering a vehicle being

towed by a motor vehicle.

56. "Operator's license", "driver's license", or "license to operate a motor vehicle" means

any operator's or driver's license or any other license or permit to operate a motor

vehicle issued under, or granted by, the laws of this state, including:

a. Any temporary license or instruction permit;

b. The privilege of any person to drive a motor vehicle whether such person holds a

valid license; or

c. Any nonresident's operating privilege as defined in this section.

57. "Owner" means a person, other than a lienholder, having the property in or title to a

vehicle. The term includes a person entitled to the use and possession of a vehicle

subject to a security interest in another person, but excludes a lessee under a lease

not intended as security.

58. "Park", when prohibited, means the standing of a vehicle, whether occupied or not,

otherwise than temporarily for the purpose of and while actually engaged in loading or

unloading.

59. "Passenger motor vehicle" means every motor vehicle designed principally for the

transportation of persons and includes vehicles which utilize a truck chassis, but have

a seating capacity for four or more passengers.

60. "Pedestrian" means any person afoot.

61. "Person" includes every natural person, firm, copartnership, association, corporation,

or limited liability company.

62. "Pneumatic tires" includes all tires inflated with compressed air.

63. "Pole trailer" means every vehicle without motive power designed to be drawn by

another vehicle and attached to the towing vehicle by means of a reach, or pole, or by

being boomed or otherwise secured to the towing vehicle, and ordinarily used for

transporting long or irregularly shaped loads such as poles, pipes, or structural

members capable, generally, of sustaining themselves as beams between the

supporting connections.

64. "Police officer" means every officer authorized to direct or regulate traffic or to make

arrests for violations of traffic regulations.

65. "Primary source identity document" means documentary evidence of an individual's

name, date of birth, and legal presence required in chapters 39-06 and 39-06.2 related

to the issuance of permits, licenses, and nondriver photo identification cards, and

retained in the driver record.

66. "Private road or driveway" means every way or place in private ownership and used

for vehicular travel by the owner and those having express or implied permission from

the owner, but not by other persons.

67. "Proof of financial responsibility" means proof of ability to respond in damages for

liability, on account of accidents occurring after the effective date of the proof, arising

out of the ownership, maintenance, or use of a motor vehicle, in the amount of

twenty-five thousand dollars because of bodily injury to or death of one person in any

one accident, and, subject to the limit for one person, in the amount of fifty thousand

dollars because of bodily injury to or death of two or more persons in any one

accident, and in the amount of twenty-five thousand dollars because of injury to or

destruction of property of others in any one accident.

68. "Railroad" means a carrier of persons or property upon cars, other than streetcars,

operated upon stationary rails.

69. "Railroad sign or signal" means any sign, signal, or device erected by authority of a

public body or official or by a railroad and intended to give notice of the presence of

railroad tracks or the approach of a railroad train.

70. "Reconstructed vehicle" means any vehicle, of a type required to be registered,

materially altered from its original construction by the removal, addition, or substitution

of new or used essential parts.

71. "Recreational vehicle" means any motorcycle not qualified for registration, off-highway

vehicle, snowmobile, vessel, or personal watercraft. The term does not include an

electric bicycle.

72. "Residence district" means territory contiguous to a highway not comprising a

business district, when the frontage on such highway for a distance of three hundred

feet [91.44 meters] or more is occupied mainly by dwellings, or by dwellings and

buildings in use for business.

73. "Revocation" means that the operator's license is terminated and may not be renewed

or restored, except on application for a new license presented to and acted upon by

the director after the expiration of the period of revocation.

74. "Right of way" means the privilege of the immediate use of a roadway.

75. "Road tractor" means every motor vehicle designed and used for drawing other

vehicles and not so constructed as to carry any load thereon either independently or

any part of the weight of a vehicle or load so drawn.

76. "Roadway" means that portion of a highway improved, designed, or ordinarily used for

vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two

or more separate roadways, the term "roadway" as used herein refers to any such

roadway separately but not to all such roadways collectively.

77. "Saddle mount" means placing the front wheels of the drawn vehicle upon the bed of

the drawing vehicle.

78. "Safety zone" means the area or space officially set aside within a highway for the

exclusive use of pedestrians and which is so plainly marked or indicated by proper

signs as to be plainly visible at all times while set aside as a safety zone.

79. "Salvage certificate of title" means a document issued by the department for purposes

of proof of ownership of a salvage or destroyed vehicle and not acceptable for motor

vehicle registration purposes.

80. "Schoolbus" means a motor vehicle designed or used to carry more than ten

passengers in addition to the driver, and is used for the purpose of transporting

preprimary, primary, or secondary school students from home to school, from school to

home, or to and from school-related events. For the purposes of chapter 39-21,

"schoolbus" means any motor vehicle that is owned or leased by a public or

governmental agency and used to transport preprimary, primary, or secondary school

students to or from school or to or from school-related events, or is privately owned

and operated for compensation to transport preprimary, primary, or secondary school

students to or from school or to or from school-related events. Schoolbus does not

include a bus used as a common carrier.

81. "Semitrailer" includes every vehicle of the trailer type so designed and used in

conjunction with a truck or truck tractor that some part of its own weight and that of its

own load rests upon or is carried by a truck or truck tractor, except that it does not

include a "housetrailer" or "mobile home".

82. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of

a roadway, and the adjacent property lines, intended for use of pedestrians.

83. "Solid tire" includes every tire made of rubber or other resilient material other than a

pneumatic tire.

84. "Special mobile equipment" means every vehicle not designed or used primarily for the

transportation of persons or property and only incidentally operated or moved over a

highway.

85. "Specially constructed vehicle" means any vehicle which was not constructed originally

under the distinct name, make, model, or type by a generally recognized manufacturer

of vehicles.

86. "Stand" or "standing" means the halting of a vehicle, whether occupied or not,

otherwise than temporarily for the purpose of and while actually engaged in receiving

or discharging passengers.

87. "State" means a state, territory, or possession of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of

Canada.

88. "Stop", when required, means complete cessation from movement.

89. "Stop" or "stopping", when prohibited, means any halting, even momentarily, of a

vehicle, whether occupied or not, except when necessary to avoid conflict with other

traffic or in compliance with the directions of a police officer or traffic-control sign or

signal.

90. "Street" means the entire width between boundary lines of every way publicly

maintained when any part thereof is open to the use of the public for purposes of

vehicular travel.

91. "Superintendent" means the superintendent of the North Dakota state highway patrol,

acting directly or through authorized employees of the superintendent.

92. "Suspension" means that the operator's license is temporarily withdrawn but only

during the period of the suspension.

93. "Through highway" means every highway or portion thereof on which vehicular traffic

is given preferential right of way, and at the entrances to which vehicular traffic from

intersecting highways is required by law to yield right of way to vehicles on such

through highway and in obedience to either a stop sign or yield sign, when such signs

are erected by law.

94. "Trackless trolley coach" means every motor vehicle which is propelled by electric

power obtained from overhead trolley wires but not operated upon rails.

95. "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other

conveyances either singly or together while using any highway for purposes of travel.

96. "Traffic-control signal" means any device, whether manually, electrically, or

mechanically operated, by which traffic is alternately directed to stop and to proceed.

97. "Trailer" includes every vehicle without motive power designed to carry property or

passengers wholly on its own structure and to be drawn by a motor vehicle, except

that it does not include a "housetrailer" or "mobile home", which terms mean a vehicle

as defined in this subsection which is designed and intended for use as living or

sleeping quarters for people and which is not used for commercial hauling of

passengers.

98. "Travel trailer" means a vehicular unit mounted on wheels, designed to provide

temporary living quarters for recreational, camping, or travel use, and of such size or

weight as not to require a special highway movement permit when towed by a

motorized vehicle.

99. "Truck" includes every motor vehicle designed, used, or maintained primarily for

transportation of property.

100. "Truck camper" means a portable unit that is constructed to provide temporary living

quarters for recreational, camping, or travel use; consists of a roof, floor, and sides;

and is designed to be loaded onto and unloaded from the bed of a pickup truck.

101. "Truck tractor" includes every motor vehicle designed and used primarily for drawing

other vehicles and not so constructed as to carry a load other than a part of the weight

of the vehicle and load so drawn.

102. "Urban district" means the territory contiguous to and including any street which is built

up with structures devoted to business, industry, or dwelling houses situated at

intervals of less than one hundred feet [30.48 meters] for a distance of a quarter of a

mile [402.34 meters] or more.

103. "Used vehicle" means a motor vehicle which has been sold, bargained, exchanged,

given away, or the title to which has been transferred to another, by the person who

first acquired it from the manufacturer or importer, dealer, or agent of the manufacturer

or importer.

104. "Vehicle" includes every device in, upon, or by which any person or property may be

transported or drawn upon a public highway, except devices moved by human power

or used exclusively upon stationary rails or tracks. The term does not include an

electric bicycle.
N.D. Cent. Code § 39-21-17 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-17
39-21-17. Spot lamps and auxiliary lamps
Status: in_force

39-21-17. Spot lamps and auxiliary lamps

1. Spot lamps. Any motor vehicle may be equipped with not to exceed two spot lamps

and every lighted spot lamp must be so aimed and used so that no part of the

high-intensity portion will strike the windshield, or any windows, mirror, or occupant of

another vehicle in use.

2. Fog lamps. Any motor vehicle may be equipped with not to exceed two fog lamps

mounted on the front at a height not less than twelve inches [30.48 centimeters] nor

more than thirty inches [76.2 centimeters] above the level surface upon which the

vehicle stands and so aimed that when the vehicle is not loaded none of the

high-intensity portion of the light to the left of the center of the vehicle shall at a

distance of twenty-five feet [7.62 meters] ahead project higher than a level of four

inches [10.76 centimeters] below the level of the center of the lamp from which it

comes. Lighted fog lamps meeting the above requirements may be used with lower

headlamp beams as specified in subsection 2 of section 39-21-20.

3. Auxiliary passing lamps. Any motor vehicle may be equipped with not to exceed two

auxiliary passing lamps mounted on the front at a height not less than twenty-four

inches [60.96 centimeters] nor more than forty-two inches [106.68 centimeters] above

the level surface upon which the vehicle stands. The provisions of section 39-21-20

apply to any combination of headlamps and auxiliary passing lamps.

4. Auxiliary driving lamps. Any motor vehicle may be equipped with not to exceed two

auxiliary driving lamps. Any auxiliary driving lamp mounted at a height of less than

sixteen inches [40.64 centimeters] or more than forty-two inches [106.68 centimeters]

above the level surface upon which the vehicle stands may not be lighted when the

vehicle is used upon a highway. The provisions of section 39-21-20 apply to any

combination of headlamps and auxiliary driving lamps.
N.D. Cent. Code § 39-04-40 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-40
39-04-40. Officers to enforce the provisions of chapter
Status: in_force

39-04-40. Officers to enforce the provisions of chapter

The highway patrol and all other road or police officers shall enforce the provisions of this

chapter.
N.D. Cent. Code § 39-08-05 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-05
39-08-05. Crashes involving damage to vehicle - Penalty
Status: in_force

39-08-05. Crashes involving damage to vehicle - Penalty

The driver of any vehicle involved in a crash resulting only in property damage to the

driver's vehicle or any other vehicle shall immediately stop the vehicle at the scene of the crash

or as close to the scene of the crash as possible but shall return to and remain at the scene of

the crash until the driver has fulfilled the requirements of section 39-08-06 and 39-08-09. Every

such stop must be made without obstructing traffic more than is necessary. Any person failing to

stop or comply with the requirements in this section is guilty of a class B misdemeanor.
N.D. Cent. Code § 39-04-10.4 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.4
39-04-10.4. Antique motor vehicles - License and fee - Use
Status: in_force

39-04-10.4. Antique motor vehicles - License and fee - Use

1. Any motor vehicle which is at least forty years old may be permanently licensed by the

department upon the payment of a registration fee of ten dollars. The department shall

design and issue a distinctive number plate for this purpose. In lieu of the distinctive

number plate, the owner of the motor vehicle may, at the discretion of the director,

display on the motor vehicle a number plate from the year in which the motor vehicle

was manufactured or in the case of military vehicles, military identification numbers.

The number plate from the year of manufacture or military identification numbers may

not be used in lieu of a distinctive number plate when it would create a duplication of a

number in the recordkeeping system of the department. A number plate from the year

of manufacture or military identification numbers must be legible and must be restored

to the satisfaction of the department. Notwithstanding section 39-04-11, only one

number plate needs to be displayed on a motor vehicle licensed under this subsection.

Motor vehicles registered under the provisions of this section may not be used in the

routine functions of a business or farming operation.

2. Any motor vehicle which is at least forty years old may, if not licensed under

subsection 1, be permanently licensed using a personalized plate issued under section

39-04-10.3, in which case a one-time fee of one hundred dollars is due.
N.D. Cent. Code § 39-10-71.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-71.1
39-10-71.1. Motor vehicle owner's responsibility regarding a driver who flees a peace officer - Exceptions
Status: in_force

39-10-71.1. Motor vehicle owner's responsibility regarding a driver who flees a peace

officer - Exceptions.

1. The owner of a motor vehicle involved in a violation of section 39-10-71 is presumed to

have violated this section.

2. A peace officer may proceed in accordance with this section instead of pursuing the

driver of a motor vehicle who flees or attempts to elude the peace officer after being

given a visual or audible signal to bring the vehicle to a stop in violation of section

39-10-71.

a. A peace officer may investigate the violation and prepare a traffic citation under

this section.

b. A peace officer may issue a traffic citation under this section in accordance with

the North Dakota Rules of Civil Procedure to the motor vehicle owner within

ninety-six hours after observing the violation.

3. A motor vehicle owner may not be found to have violated this section if:

a. The driver operating the motor vehicle at the time of the violation of section

39-10-71 has been charged with a violation of section 39-10-71.

b. The motor vehicle was reported stolen before the violation occurred or within a

reasonable time after the violation occurred.

c. The motor vehicle owner assists or cooperates with a peace officer to

demonstrate the owner was not the one who operated the motor vehicle at the

time and place of the violation of section 39-10-71.

d. The motor vehicle owner provides information that demonstrates the owner was

not the driver of the motor vehicle at the time of the offense.

4. A motor vehicle owner may not be found to have violated this section, and the lessee

is presumed to have violated this section, if the motor vehicle owner is a lessor of

vehicles and at the time of the violation of section 39-10-71 the motor vehicle was in

the possession of a lessee, and the lessor provides a peace officer with the motor

vehicle's registration number and the name, address, and operator's license number of

the individual renting or leasing the motor vehicle.

5. An individual may not be charged both with violating this section and section 39-10-71

for acts arising out of the same incident or occurrence.

6. This section may not apply to a motor vehicle rental company that rents motor vehicles

to customers for a period of ninety days or less.
N.D. Cent. Code § 39-04-10.14 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.14
39-04-10.14. North Dakota gold star number plates
Status: in_force

39-04-10.14. North Dakota gold star number plates

1. The director may issue distinctive number plates to a surviving spouse, parent,

including stepmother, stepfather, parent through adoption, and foster parent who

stands or stood in loco parentis, grandparents, child, including stepchild and child

through adoption, and sibling, including half-brother and half-sister, of a member of the

armed forces of the United States who died while serving on active duty during a time

of military conflict. The director shall issue a number plate under this section upon

receiving payment of all other fees required under this chapter for registration of a

motor vehicle.

2. Plates issued under this section must bear a gold star emblem logo on the left side of

the plate and the letters "GS" before the number. The director shall cooperate with the

director of the department of veterans' affairs to design the gold star emblem logo. The

director may issue one set of plates per eligible owner of a passenger motor vehicle or

a truck the registered gross weight of which does not exceed twenty thousand pounds

[9071.85 kilograms].

3. On request of the director, the department of veterans' affairs shall certify those

surviving family members of deceased members of the United States armed forces

listed above as eligible to receive the plates.

4. Once declared eligible for a gold star plate, the department may not remove the

eligibility of a surviving family member.

5. Once a plate number is issued to an eligible family member, the department may not

assign the plate to another eligible person.
N.D. Cent. Code § 39-12-08 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-08
39-12-08. Penalty for violation of chapter
Status: in_force

39-12-08. Penalty for violation of chapter

A person operating a motor vehicle or the owner of the motor vehicle being operated without

a permit as specified in this chapter must be assessed a fee of one hundred dollars. Any person

violating any other provision of this chapter, for which a specific penalty is not provided, must be

assessed a fee of twenty dollars. Violating the conditions of any permit type automatically voids

the permit. For a permit allowed under this chapter, if the violation is of a permit issued by a

county under a home rule ordinance or any city, including a home rule city, the statutory fee is

for a violation of state law in an amount provided by this section.
N.D. Cent. Code § 39-04-14.3 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-14.3
39-04-14.3. Online registration renewal receipt showing compliance with registration is prima facie evidence
Status: in_force

39-04-14.3. Online registration renewal receipt showing compliance with registration

is prima facie evidence.

The possession of a receipt, via the department's online registration renewal service, is

prima facie evidence of compliance with motor vehicle registration laws, with reference to the

vehicle therein described, for a period of fifteen days from the date of the printed receipt.
N.D. Cent. Code § 39-22.3-04 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-04
39-22.3-04. Grounds for denial, suspension, cancellation, or revocation of dealer's license
Status: in_force

39-22.3-04. Grounds for denial, suspension, cancellation, or revocation of dealer's

license.

The director may deny an application for a dealer's license or suspend, revoke, or cancel

the license after it has been granted for the following reasons:

1. For any material misstatement by an applicant in the application for the license.

2. For any willful failure to comply with this chapter or with any rule adopted by the

director.

3. For knowingly permitting any salesperson to sell or exchange, or offer or attempt to

sell or exchange, any motor-powered recreational vehicle except for the licensed

motor-powered recreational vehicle dealer by whom the salesperson is employed, or

to offer, transfer, or assign any sale or exchange that they may have negotiated to any

other dealer.

4. For having violated any law relating to the sale, distribution, or financing of

motor-powered recreational vehicles.

5. For having ceased to have an established place of business.

6. For failure to collect and timely transmit the snowmobile safety and off-highway safety

fees.
N.D. Cent. Code § 39-05-16 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-16
39-05-16. Legal owner of a motor vehicle not to transfer title without certificate - Penalty
Status: repealed

39-05-16. Legal owner of a motor vehicle not to transfer title without certificate -

Penalty.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 39-10-50.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-50.1
39-10-50.1. Electric vehicle parking stalls or spaces - Unauthorized parking or obstructing
Status: reserved

39-10-50.1. Electric vehicle parking stalls or spaces - Unauthorized parking or

obstructing.

1. If a public or private entity designates a parking space for charging an electric vehicle,

the reserved space must be indicated by a sign approved by the director. The sign

must be consistent with the manual of uniform traffic control devices authorized under

section 39-13-06, and indicate:

a. Use of the reserved space is for charging electric vehicles only; and

b. Unauthorized use of the spaces is a nonmoving violation for which a fee of fifty

dollars must be imposed.

2. An individual may not park or leave standing a vehicle in a stall or space designated

for charging and parking a vehicle, unless the individual's vehicle is connected for

electric charging purposes.

3. An individual may not obstruct, block, or otherwise bar access to a space designated

for charging a vehicle.
N.D. Cent. Code § 39-09-09 — ND Code / Title 39 / Chapter 39-09 / Section 39-09-09
39-09-09. Minimum speed limits
Status: in_force

39-09-09. Minimum speed limits

1. An individual may not drive a motor vehicle at a reduced speed so as to impede the

normal and reasonable movement of traffic except when reduced speed is necessary

for safe operation or in compliance with law.

2. If the director and the superintendent of the highway patrol, acting jointly, or a local

authority within the authority's jurisdiction, determines on the basis of an engineering

and traffic investigation that slow speeds on any highway or part of a highway impede

the safe, normal, and reasonable movement of traffic, the director and superintendent

or the local authority may determine and declare a minimum speed limit below which

an individual may not drive a vehicle except when necessary for safe operation or in

compliance with law, and that limit is effective when posted upon appropriate fixed or

variable signs.
N.D. Cent. Code § 39-08-13 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-13
39-08-13. Crash report forms
Status: in_force

39-08-13. Crash report forms

1. The director shall prepare and supply to law enforcement agencies, garages, and

other suitable agencies or individuals forms for crash reports required by law,

appropriate with respect to the purposes to be served. The reports to be made by

investigating officers shall call for sufficiently detailed information to disclose the cause

of a traffic crash, conditions then existing, persons and vehicles involved, and whether

the requirements for the deposit of security under section 39-16-05 are applicable.

2. Every crash report required to be made to the director must be made in the format

prescribed by the director and must contain all the information required therein unless

not available.

3. Every law enforcement officer who investigates a vehicle crash for which a report must

be made as required in this chapter shall forward a report of such crash to the

department within ten days after the crash.

4. Except as provided in subsection 5, reports required to be forwarded by law

enforcement officers and the information contained in the reports is not privileged or

confidential. Crash reports held by a public entity other than the department of

transportation and a law enforcement agency that contracts with service providers are

exempt records. In addition, the following information contained in the report is an

exempt record as defined in section 44-04-17.1 unless the requester is a party to the

crash, a party's legal representative, the insurer of any party to the crash, the agent of

that insurer, or the legal representative or insurer of an individual involved in defending

or investigating a prior or subsequent claim or crash involving a party to the crash:

a. Driver identification number of a party in the report;

b. Telephone number of a party in the report;

c. Insurance company name and policy number of a party in the report; and

d. Day and month of birth of a party in the report.

5. Unless the requester is a party to the accident, a party's legal representative, the

insurer of any party to the accident, the agent of that insurer, or the legal

representative or insurer of an individual involved in defending or investigating a prior

or subsequent claim or accident involving a party to the accident, the following

information contained in the report is exempt:

a. The name of a minor party in the report;

b. Driver identification number of a minor party in the report; and

c. Telephone number uniquely owned by a minor party in the report.

6. Upon request from a party to the crash, a party's legal representative, the insurer of

any party to the crash, the agent of the insurer, or the legal representative or insurer of

an individual involved in defending or investigating a prior or subsequent claim or

crash involving a party to the crash, and upon payment of a fee of up to seven dollars,

the director shall release a completed copy of the crash report to the entity requesting

the information. The request must be made on the form prescribed by the director.

7. Upon request of any person and upon payment of a fee of up to seven dollars, the

director may furnish to a requester a copy of an investigating officer's crash report

which does not contain any exempt information that may not be disclosed, if the report

shows that the crash is one for which a driver is required to file a report under section

39-08-09.

8. Copies of crash reports are not admissible as evidence in any action for damages or

criminal proceedings arising out of a motor vehicle crash.

9. The director, without a request under subsection 4, 5, or 6 may send a copy of a crash

report to the registered owner of each vehicle involved as indicated by the report.
N.D. Cent. Code § 39-10-65 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-65
39-10-65. Operation of motor vehicle, tractor, or other vehicle prohibited on flood protective works - Exception - Penalty
Status: in_force

39-10-65. Operation of motor vehicle, tractor, or other vehicle prohibited on flood

protective works - Exception - Penalty.

1. Unless authorized by the authority in charge thereof, no person shall operate a motor

vehicle, tractor, or other vehicle upon or across any flood protective works, including

any dike or flood protective works constructed by a state or federal agency, or by any

municipality or local subdivision of the state.

2. Any person violating the provisions of this section shall be liable to any person

suffering injury as a result of the violation; and in addition, shall be guilty of a class B

misdemeanor.
N.D. Cent. Code § 39-03.1-10.4 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-10.4
39-03.1-10.4. Reduction in member and employer contributions
Status: in_force

39-03.1-10.4. Reduction in member and employer contributions

The required increase in the amount of member and employer contributions under sections

39-03.1-09 and 39-03.1-10 must be reduced to the rate in effect on July 1, 2013, effective on

the July first that follows the first valuation of the highway patrol troopers' retirement plan

showing a ratio of the actuarial value of assets to the actuarial accrued liability of the highway

patrol troopers' retirement plan that is equal to or greater than one hundred percent.