N.D. Cent. Code § 39-03.1-08 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-08
39-03.1-08. Service allowance
Status: repealed

39-03.1-08. Service allowance

Repealed by S.L. 1987, ch. 444, § 8.
N.D. Cent. Code § 39-21-18.1 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-18.1
39-21-18.1. Flashing signals on rural mail vehicle - Standards
Status: in_force

39-21-18.1. Flashing signals on rural mail vehicle - Standards

Notwithstanding any other provision of law, it is lawful for any vehicle regularly used as a

rural mail delivery vehicle to display two simultaneously flashing amber lamps mounted on top

of such vehicle while it is being used to deliver mail. The light assembly must consist of two

lamps mounted on top of the vehicle with one lamp being as near as is practicable to each side

of the vehicle, displaying an amber light not less than four inches [10.16 centimeters] in

diameter and visible under normal atmospheric conditions for a distance of at least five hundred

feet [152.4 meters] to the front and to the rear of such vehicle. The lamp assembly must include

a sign at least seven inches [17.78 centimeters] in height containing the words "U.S. MAIL" in

black letters not less than four inches [10.16 centimeters] in height and of not less than

three-quarters of an inch [1.905 centimeters] in width of stroke, upon a white background. The

sign must be constructed so as to permit folding down out of the line of vision when not in use.

The lamps must be equipped with a device to cause them to flash on and off, and such lamps

must be so wired as to cause both lamps to flash simultaneously. In lieu of the light assembly

permitted by this section, a vehicle may display one revolving amber light placed on top of the

vehicle and accompanied by a sign placed on the rear of the vehicle and containing the words

"U.S. MAIL". The light and sign must comply with the requirements applicable to the amber

lights and sign used with a light assembly permitted by this section. Amber lights permitted by

this section may only be operated for the purpose of discharging official duties and must not be

in operation except during the actual performance of duty delivering mail.
N.D. Cent. Code § 39-10-26.3 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-26.3
39-10-26.3. Vehicle to yield the right of way for stationary motor vehicles
Status: in_force

39-10-26.3. Vehicle to yield the right of way for stationary motor vehicles

1. If a motor vehicle is stopped, standing, or parked along the interstate system, or a

multilane highway outside the limits of a city, with flashing hazard warning signals, the

driver of an approaching or passing vehicle shall proceed with caution and yield the

right of way by moving to a lane not adjacent to the stationary motor vehicle if the

move may be made with due regard to safety and traffic conditions or if not, the driver

shall proceed with due caution, reduce the speed of the vehicle, and maintain a safe

speed for the road conditions.

2. This section does not relieve the driver of a stationary motor vehicle from the stopping

requirements and restrictions provided under section 39-10-47 or from the lamp

restrictions provided under section 39-21-26.
N.D. Cent. Code § 39-06-33 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-33
39-06-33. Hearings on suspension or revocation
Status: in_force

39-06-33. Hearings on suspension or revocation

1. If an operator's license is suspended or revoked under section 39-06-32 or 39-06.1-10

or chapter 39-16 or 39-16.1, the director shall give notice of intention to suspend to the

licensee by mailing the notice to the licensee at the address of record in the

department under section 39-06-20. Actual notice of the opportunity for a hearing

under this section must be deemed to have occurred seventy-two hours after the

notice is mailed by regular mail. The licensee has ten days after the date of mailing of

the notice to request, in writing or by other means authorized by the director, a hearing

on the intended suspension or revocation.

2. Any hearing conducted under this section and any appeal from the decision of the

hearing must be conducted under chapter 28-32, except the hearing must be heard

within sixty days of the receipt of the request for hearing and in the county of the

licensee's residence, unless the parties agree to a different time and place for the

hearing. A hearing under this section may be conducted by telephone, television,

virtual online interface, or other electronic means with the consent of the licensee. At

the hearing, the regularly kept records of the director may be introduced and are prima

facie evidence of their content without further foundation.

3. The mailing of the decision and the resulting order by regular mail to the address

recorded in the files of the director under section 39-06-20 is sufficient notice. If a

suspension is ordered, a re-examination of the licensee may be required.

4. If a suspension is ordered under subsection 2 of section 39-06-32, the notice must

include a specific description of the conditions which led to the conclusion that the

licensee is incompetent to drive a motor vehicle. If during the suspension those

conditions dissipate, the licensee may request another hearing on the issue of

competence to drive a motor vehicle. The hearing must be held in the manner required

under subsections 2 and 3 for the original suspension.
N.D. Cent. Code § 39-10-70 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-70
39-10-70. Racing on highways
Status: repealed

39-10-70. Racing on highways

Repealed by S.L. 1981, ch. 392, § 6.
N.D. Cent. Code § 39-21-01 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-01
39-21-01. When lighted lamps are required
Status: in_force

39-21-01. When lighted lamps are required

Subject to the exceptions for parked vehicles, every vehicle upon a highway within this state

must display lighted headlamps, taillamps, and illuminating devices as required in this chapter

for different classes of vehicles as follows:

1. At any time from sunset to sunrise, and every farm tractor upon a highway within this

state at any time from a half hour after sunset to a half hour before sunrise;

2. At any time when it is raining, snowing, sleeting, or hailing or during other adverse

driving conditions and these conditions do not render a person or vehicle on the

highway clearly discernible at a distance of one thousand feet [304.8 meters] ahead;

or

3. At any other time when visibility is impaired by weather, smoke, fog, or other

conditions, or when there is insufficient light to render a person or vehicle on the

highway clearly discernible at a distance of one thousand feet [304.8 meters] ahead.

Stoplights, turn signals, and other signaling devices must be lighted as prescribed for the use of

these devices.
N.D. Cent. Code § 39-06.1-07 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-07
39-06.1-07. Notification to offenders - Duties of director
Status: in_force

39-06.1-07. Notification to offenders - Duties of director

1. The director shall prepare notification forms to be delivered to the charged individual

with the uniform traffic summons and complaint under section 29-05-31. The

notification form may be delivered to the individual in writing, by providing a website

address, or providing a quick response code. The notification forms must contain

language, approved by the attorney general, informing an individual charged with a

traffic violation, other than offenses listed in section 39-06.1-05, of the procedures

available to that individual under sections 39-06.1-02 and 39-06.1-03. The notification

must contain a schedule of points to be charged against an individual's driving record

or other operator's license penalties as provided by law and a schedule of statutory

fees and bond amounts as determined in accordance with this chapter. A notification

form separate from the uniform traffic summons and complaint may be delivered to an

individual charged with a violation of subsection 3 of section 39-21-46.

2. The director shall prepare a temporary operator's permit under sections 39-20-03.1,

39-20-03.2, and 39-20-04. The temporary operator's permit must inform the driver of

the procedures available under chapter 39-20 and must be issued in accordance with

that chapter. The temporary operator's permit may not be delivered by mail or

electronic means unless specifically authorized under chapter 39-20.
N.D. Cent. Code § 39-10-04 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-04
39-10-04. Obedience to and required traffic-control devices
Status: in_force

39-10-04. Obedience to and required traffic-control devices

1. The driver of a vehicle shall obey the instructions of any official traffic-control device

applicable thereto placed in accordance with the provisions of this chapter, unless

otherwise directed by a traffic or police officer, subject to the exceptions granted the

driver of an authorized emergency vehicle in this chapter.

2. A provision of this chapter for which traffic-control devices are required may not be

enforced against an alleged violator if at the time and place of the alleged violation an

official device is not in proper position and sufficiently legible to be seen by an

ordinarily observant person. Whenever a state statute does not state that devices are

required, the statute is effective even though no devices are erected or in place.

3. Whenever an official traffic-control device is placed in a position approximately

conforming to the requirements of this title, the device must be presumed to have been

so placed by the official act or direction of lawful authority, unless the contrary is

established by competent evidence.

4. Any official traffic-control device placed pursuant to the provisions of this title and

purporting to conform to the lawful requirements pertaining to the device must be

presumed to comply with the requirements of this title, unless the contrary is

established by competent evidence.

5. The department may not remove or inactivate a traffic-control signal placed within the

corporate limits of a city and within one thousand feet [304.8 meters] of a public or

nonpublic elementary, middle, or high school without consulting with the city having

jurisdiction of the location where the traffic-control signal is placed, except for

temporary repair or routine maintenance.
N.D. Cent. Code § 39-01-08 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-08
39-01-08. State, political subdivisions, and International Peace Gardens authorized to carry insurance on vehicles - Waiver of immunity to extent only of insurance purchased
Status: in_force

39-01-08. State, political subdivisions, and International Peace Gardens authorized to

carry insurance on vehicles - Waiver of immunity to extent only of insurance purchased.

1. The state or any department, agency, or bureau, as well as any county, city, or other

political subdivision including townships, school districts, and park districts, and any

entity located upon the international boundary line between the United States of

America and Canada used and maintained as a memorial to commemorate the

long-existing relationship of peace and good will between the people and the

governments of the United States of America and Canada and to further international

peace among the nations of the world, using or operating motor vehicles and aircrafts,

may carry insurance for their own protection and for the protection of any employees

from claims for loss or damage arising out of or by reason of the use or operation of

the motor vehicle or aircraft, whether the vehicle or aircraft at the time the loss or

damage in question occurred was being operated in a governmental undertaking or

otherwise. If a premium savings will result therefrom, the insurance policy may be

taken out for more than one year, but in no event beyond a period of five years.

2. If insurance is purchased pursuant to subsection 1, then the purchaser waives its

immunity to suit only to the extent of allowing a determination of liability to the extent of

the waiver of the immunity against liability described in subsection 3.

3. If insurance is purchased pursuant to subsection 1, then the purchaser waives its

immunity against liability only to the types of its insurance coverage and only to the

extent of the policy limits of the coverage. Provided, the purchaser or its insurance

carrier is not liable for claims arising out of the conduct of a ridesharing arrangement,

as defined in section 8-02-07.

4. If any dispute exists concerning the amount or nature of the insurance coverage, the

dispute must be tried separately before the main trial determining the claims and

damages of the claimant.

5. This statute confers no right for a claimant to sue the insurer directly.

6. When liability insurance is carried pursuant to this section or pursuant to section

32-12.1-05, no defense in a negligence action may be raised by the insurance carrier

upon the basis of section 39-07-05.
N.D. Cent. Code § 39-21-40 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-40
39-21-40. Restrictions as to tire equipment
Status: in_force

39-21-40. Restrictions as to tire equipment

1. Every solid rubber tire on a vehicle must have rubber on its entire traction surface at

least one inch [2.54 centimeters] thick above the edge of the flange of the entire

periphery.

2. No person may operate or move on any highway any motor vehicle, trailer, or

semitrailer having any metal tire in contact with the roadway.

3. No tire on a vehicle moved on a highway may have on its periphery any block, stud,

flange, cleat, or spike or any other protuberance of any material other than rubber

which projects beyond the tread of the traction surface of the tire, except that it is

permissible to use farm machinery with tires having protuberances which will not injure

the highway, and except also that it is permissible to use tire chains of reasonable

proportions. It is also permissible to use, from October fifteenth to April fifteenth,

pneumatic tires which have metal studs which do not project more than one-sixteenth

of an inch [1.59 millimeters] beyond the tread of the traction surface of the tire, except

that it is permissible to use such tires on schoolbuses at any time during the year.
N.D. Cent. Code § 39-05-15 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-15
39-05-15. Registration card to be endorsed and sent to department upon transfer of vehicle - Penalty
Status: repealed

39-05-15. Registration card to be endorsed and sent to department upon transfer of

vehicle - Penalty.

Repealed by S.L. 1949, ch. 246, § 1.
N.D. Cent. Code § 39-27-03 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-03
39-27-03. Frame-chassis requirements
Status: in_force

39-27-03. Frame-chassis requirements

1. The motorcycle frame-chassis, including the suspension components and engine

mountings, must be of substantial construction, capable of supporting the combined

weight of all vehicle components and riders for which the vehicle is designed, and

withstand normal road shocks and operational stresses without constituting a hazard

to the riders or other users of the highway.

2. The wheelbase may not be less than forty inches [101.6 centimeters].
N.D. Cent. Code § 39-04-33 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-33
39-04-33. Dealer permitting license to be used by another dealer - License revoked - Penalty
Status: repealed

39-04-33. Dealer permitting license to be used by another dealer - License revoked -

Penalty.

Repealed by S.L. 1963, ch. 285, § 14.
N.D. Cent. Code § 39-06.1-04 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-04
39-06.1-04. Failure to appear, pay statutory fee, post bond - Procedure - Penalty
Status: in_force

39-06.1-04. Failure to appear, pay statutory fee, post bond - Procedure - Penalty

If an individual fails to choose one of the methods of proceeding in section 39-06.1-02 or

39-06.1-03, the individual is deemed to have admitted to commission of the charged violation,

and the official having jurisdiction shall report the admission to the director within ten days after

the date set for the hearing. Failure to appear at the time designated, after signing a promise to

appear, if signing is required by law, or failure to appear without paying the statutory fee or

posting and forfeiting bond is a class B misdemeanor. Failure to appear without just cause at the

hearing is deemed an admission of commission of the charged violation.
N.D. Cent. Code § 39-16.1-15 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-15
39-16.1-15. Deposit of cash with the Bank of North Dakota
Status: in_force

39-16.1-15. Deposit of cash with the Bank of North Dakota

1. Proof of financial responsibility may be evidenced by the certificate of the Bank of

North Dakota that the person named therein has deposited with it twenty-five thousand

dollars in cash, or securities such as may legally be purchased by savings banks or for

trust funds of a market value of twenty-five thousand dollars. The Bank of North

Dakota may not accept any such deposit and issue a certificate therefor and the

director may not accept such certificate unless accompanied by evidence that there

are no unsatisfied judgments of any character against the depositor in the county

where the depositor resides.

2. Such deposit must be held by the Bank of North Dakota to satisfy, in accordance with

the provisions of this chapter, any execution on a judgment issued against such

person making the deposit 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 damages to or destruction of property, including the loss of use thereof, resulting

from the ownership, maintenance, use, or operation of a motor vehicle after such

deposit was made. Money or securities so deposited are not subject to attachment or

execution unless such attachment or execution arises out of a suit for damages as

aforesaid.
N.D. Cent. Code § 39-12-16 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-16
39-12-16. Cash bond - Holding
Status: in_force

39-12-16. Cash bond - Holding

Unless a cash bond is furnished in an amount sufficient to cover the charges for

extraordinary use of highways, streets, and roads, as provided in section 39-12-18, together

with the costs which may be collectible under any subsequent settlement made pursuant to

section 39-12-14.1, said vehicle must be held until a trial of the case can be had before the

district court.
N.D. Cent. Code § 39-27-19 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-19
39-27-19. Handhold
Status: repealed

39-27-19. Handhold

Repealed by S.L. 1985, ch. 451, § 1.
N.D. Cent. Code § 39-05-07 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-07
39-05-07. False statement in application or other document - Penalty
Status: repealed

39-05-07. False statement in application or other document - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 39-25-04 — ND Code / Title 39 / Chapter 39-25 / Section 39-25-04
39-25-04. Instructor - License required - Contents of application for license
Status: in_force

39-25-04. Instructor - License required - Contents of application for license

1. An individual may not act as an instructor unless the individual applies for and obtains

a license in the manner and form prescribed by this chapter.

2. The regulations must state the requirements for an instructor's license, including

requirements concerning residency, language, moral character, physical condition,

knowledge of the courses of instruction, motor vehicle laws and safety principles,

previous personal and employment records, and any other matter as the director may

prescribe for the protection of the public.
N.D. Cent. Code § 39-25-01 — ND Code / Title 39 / Chapter 39-25 / Section 39-25-01
39-25-01. Definitions
Status: in_force

39-25-01. Definitions

1. "Commercial driver training school" or "school" means a business enterprise

conducted by a person for the education and training of individuals, either practically or

theoretically, or both, to operate or drive a motor vehicle, and for which accepts

consideration or charges tuition for the service.

2. "Instructor" means an individual, whether acting on that individual's own behalf as an

operator of a commercial driver training school or for a school for compensation, who

teaches, conducts a class for, gives demonstrations to, or supervises practice of, an

individual learning to operate or drive a motor vehicle.

3. "Certificate of course completion" means documentation signed by one or more driver

education programs indicating the driver has met the classroom instruction and

behind-the-wheel instruction requirements prescribed by the director.
N.D. Cent. Code § 39-16-09 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-09
39-16-09. Director may fix, reduce, or increase requirement
Status: in_force

39-16-09. Director may fix, reduce, or increase requirement

The security required under this chapter must be in such form and amount as the director

may require but in no case in excess of the limits specified in section 39-16-05 in reference to

the acceptable limits of a policy or bond. The person depositing security shall specify in writing

the person in whose behalf the deposit is made, and at any time while such deposit is in the

custody of the director or state treasurer, the person depositing it may in writing amend the

specification of the person on whose behalf the deposit is made to include an additional person;

provided, that a single deposit of security shall be applicable only on behalf of a person required

to furnish security because of the same accident. The director may reduce or increase the

amount of security ordered in any case if, in the director's judgment, the amount ordered is

excessive or inadequate. In case the security originally ordered has been deposited, the excess

deposited over the reduced amount must be returned to the depositor or the depositor's

personal representative forthwith, notwithstanding the provisions of section 39-16-10.
N.D. Cent. Code § 39-06.2-08 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-08
39-06.2-08. Application for commercial driver's license
Status: in_force

39-06.2-08. Application for commercial driver's license

1. The application for a commercial driver's license or commercial learner's permit must

include the following:

a. The full name and current residence and mailing address of the applicant;

b. A physical description of the applicant, including sex, height, weight, and eye and

hair color;

c. Date of birth;

d. The applicant's social security number, unless the application is for a

nondomiciled commercial driver's license and the applicant is a resident of a

foreign jurisdiction;

e. The applicant's signature;

f. The certifications including those required by 49 CFR part 383.71;

g. Any other information required by the director; and

h. A consent to release driving record information.

2. The application must be accompanied by an application fee listed in section
N.D. Cent. Code § 39-21-33.1 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-33.1
39-21-33.1. Engine compression brake device - Prohibited - Posting
Status: in_force

39-21-33.1. Engine compression brake device - Prohibited - Posting

1. An operator of a commercial motor vehicle may not use an engine compression brake

device that creates a noise disturbance in a zone posted as prohibiting the use of an

engine compression brake device.

2. Subsection 1 does not apply to the use of an engine compression brake device during

an emergency situation.

3. A city or county may adopt an ordinance prohibiting the use of an engine compression

brake device in a designated zone and may post the prohibition in the designated

zone.
N.D. Cent. Code § 39-22-06 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-06
39-22-06. Motor vehicle lots - Location
Status: in_force

39-22-06. Motor vehicle lots - Location

A licensed dealer may establish secondary motor vehicle lots in the conduct of the dealer's

business within five miles [8.05 kilometers] of the dealer's established place of business.

Secondary lots must be identified as a part of the licensed dealer's operation with a sign

displaying the name and telephone number of the licensed dealer. The sign must be at least

thirty-two square feet [2.97 square meters] in size, contain the name of the dealership in letters

at least ten inches [25.4 centimeters] high, and be clearly visible from the street. A licensed

dealer may not display vehicles except on the dealer's primary and secondary lots or as

otherwise permitted in this chapter. The department may assess a person violating this section

a one hundred dollar fee for a first violation and a two hundred dollar fee for a second violation

within two years of the first violation. The department shall assess a fee of at least five hundred

dollars but not more than two thousand dollars for a third or subsequent violation within five

years of the first violation.
N.D. Cent. Code § 39-03-05 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-05
39-03-05. Badge issued to troopers - Contents of badge
Status: in_force

39-03-05. Badge issued to troopers - Contents of badge

The superintendent shall issue to each trooper a badge of authority with the seal of this

state in the center thereof. The term "North Dakota patrol" must encircle such seal and above

the same must appear the designation of the position held by the person to whom such badge is

issued. Each such badge must contain a unit number or symbol of rank. No badge may be

issued to any person who is not a duly appointed and acting member of the highway patrol.
N.D. Cent. Code § 39-10-03 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-03
39-10-03. Class A authorized emergency vehicles
Status: in_force

39-10-03. Class A authorized emergency vehicles

1. The driver of a class A authorized emergency vehicle may:

a. Park or stand, irrespective of the provisions of this chapter.

b. Proceed past a red or stop signal or stop sign, but only after slowing down as

may be necessary for safe operation.

c. Exceed the speed limit so long as the driver does not endanger life or property.

d. Disregard regulations governing direction of movement or turning in specified

directions.

2. The exceptions herein granted to a class A authorized emergency vehicle apply only:

a. When the authorized emergency vehicle is in pursuit of or apprehension of a

violator or a suspected violator requiring the use of these exemptions.

b. When the class A authorized emergency vehicle is being operated in response to

a reported emergency involving a possible personal injury, death, or damage to

property, and when giving adequate warning by use of an oscillating, rotating,

revolving, or flashing red or combination red and white lights that are visible

under normal atmospheric conditions for at least five hundred feet [152.4 meters]

and if appropriate, giving audible signal by siren or airhorn. A firetruck,

ambulance, or law enforcement vehicle that is otherwise a class A authorized

emergency vehicle may display an oscillating, rotating, revolving, or flashing blue

light in addition to and under the same conditions as the other colors allowed in

this subdivision.

c. In any instance when the head of a law enforcement agency deems advisable

within the area of that person's jurisdiction for the protection of person and

property and when giving audible signal by siren or when giving adequate

warning by use of an oscillating, rotating, revolving, or flashing red or combination

red and white lights which are visible under normal atmospheric conditions for at

least five hundred feet [152.4 meters]. A firetruck, ambulance, or law enforcement

vehicle that is otherwise a class A authorized emergency vehicle may display an

oscillating, rotating, revolving, or flashing blue light in addition to and under the

same conditions as the other colors allowed in this subdivision.

3. A class A authorized emergency vehicle may display a steady red or red and blue lamp

that is visible under normal atmospheric conditions for at least five hundred feet [152.4

meters] when involved in an incident, emergency, or any other related activity.

4. Any law enforcement officer as provided in paragraph 2 of subdivision a of

subsection 2 of section 39-01-01 having stopped another vehicle along a highway, and

while still involved in that incident, or any other related activity, may use amber lights,

visible under normal atmospheric conditions for at least five hundred feet

[152.4 meters], for the purpose of maintaining traffic flow.
N.D. Cent. Code § 39-03.1-01 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-01
39-03.1-01. Definitions
Status: in_force

39-03.1-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Accumulated deductions" means the total of the amounts deducted from the salary of

a contributor and paid into the fund, and standing to the contributor's credit in the fund,

and interest credited on those amounts at a rate established by the board.

2. "Board" means the North Dakota public employees retirement board.

3. "Contributor" means any person who is a member of the North Dakota highway patrol,

is subject to salary deductions to support the fund, and is employed on or after July 1,

1981.

4. "Fund" means the North Dakota highway patrol troopers' retirement fund.

5. "Patrol" means the North Dakota highway patrol.

6. "Salary" means the actual dollar compensation, excluding any bonus, overtime, or

expense allowance, paid to or for a contributor for the contributor's services.

7. "Surviving spouse" means that person lawfully married to the contributor at the time of

the contributor's death.
N.D. Cent. Code § 39-05-31 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-31
39-05-31. Director may employ office help and purchase supplies
Status: in_force

39-05-31. Director may employ office help and purchase supplies

Within the legislative appropriation, the director may employ all office help and purchase all

supplies necessary to carry out the provisions of this chapter.
N.D. Cent. Code § 39-01-08.1 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-08.1
39-01-08.1. Senior citizens group motor vehicle - Availability of coverage under political subdivision policies
Status: in_force

39-01-08.1. Senior citizens group motor vehicle - Availability of coverage under

political subdivision policies.

Any political subdivision may provide for the inclusion of buses, vans, or other motor

vehicles used by senior citizens groups to transport members in a motor vehicle insurance

policy of the political subdivision. The political subdivision may require payment by a senior

citizens group for any increase in the premium rate charged to the political subdivision which is

attributable to the coverage provided to that senior citizens group. The political subdivision may

provide for a payment procedure to require the payment of any premium or premium portion

attributable to the coverage provided for the senior citizens group.
N.D. Cent. Code § 39-06.1-02.1 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-02.1
39-06.1-02.1. Notification of parents or guardians of juvenile traffic offenders
Status: in_force

39-06.1-02.1. Notification of parents or guardians of juvenile traffic offenders

The clerk of court shall notify the parent or guardian of any juvenile appearing before the

court on a traffic offense of the charge as contained in the citation, the penalty attached to the

offense, and the time and place of any court hearing on the matter.
N.D. Cent. Code § 39-33-04 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-04
39-33-04. Disclosure with consent
Status: in_force

39-33-04. Disclosure with consent

Personal information referred to in section 39-33-02 may be disclosed to any requester, if

the requester demonstrates in the form and manner prescribed by the department that the

requester has obtained the written consent of the person who is the subject of the information.
N.D. Cent. Code § 39-04-10.9 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.9
39-04-10.9. Law enforcement plates
Status: in_force

39-04-10.9. Law enforcement plates

Upon request, the department shall issue identical plates that contain the word "SHERIFF"

for the vehicles used and owned by a sheriff's department and the word "POLICE" for the motor

vehicles used and owned by a city's police department. The plates must be in black letters and

on the designed background in use at the time of issuance. The plates must be provided at

actual cost. Notwithstanding section 39-04-11, the plates are the property of the law

enforcement agency to which issued. At an appropriate time, replacement of the plates must

occur whenever the designed background used by the state changes. Notwithstanding section

39-04-11, a motor vehicle that displays a plate under this section must have a clearly visible

distinctive identification number on the rear of the vehicle assigned by the appropriate law

enforcement agency.
N.D. Cent. Code § 39-06.2-09 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-09
39-06.2-09. Commercial driver's license
Status: in_force

39-06.2-09. Commercial driver's license

1. The commercial driver's license must be marked "commercial driver's license", and

must be, to the maximum extent practicable, tamper proof. The license must include

the following information:

a. The name and residential address of the individual;

b. The individual's color photograph;

c. A physical description of the individual, including sex, height, and eye color;

d. Date of birth;

e. A distinguishing number assigned to the individual;

f. The individual's signature;

g. The class or type of commercial motor vehicle or vehicles which the individual is

authorized to drive together with any endorsements or restrictions;

h. The name of this state; and

i. The dates between which the license is valid.

2. The director may issue a nondomiciled commercial driver's license under the

limitations of 49 CFR 383 including waiving the social security number requirement.

The face of the license must be marked "nondomiciled" in accordance with 49 CFR

383.153(c).

3. Commercial driver's licenses may be issued with the following classifications,

endorsements, and restrictions. The holder of a valid commercial driver's license may

drive all vehicles in the class for which that license is issued and all lesser classes of

vehicles except motorcycles. Vehicles for which an endorsement is required may not

be driven unless the proper endorsement appears on the license. The requirements of

placarding vehicles transporting hazardous materials under subparagraph b of

paragraph 3 of subdivision a and the endorsement required under paragraph 1 of

subdivision b do not apply to the operator of a farm vehicle if the vehicle is controlled

and operated by a farmer and used to transport hazardous materials in the form of

farm supplies within one hundred fifty miles [241.40 kilometers] of the farm and is not

used in the operations of a common or contract carrier.

a. The classifications of commercial driver's licenses are:

(1) A class A license. This license allows the operation of any combination of

vehicles with a gross vehicle weight rating of more than twenty-six thousand

pounds [11793.40 kilograms], if the gross vehicle weight rating of the

vehicles being towed is in excess of ten thousand pounds [4535.92

kilograms].

(2) A class B license. This license allows the operation of a single vehicle with a

gross vehicle weight rating of more than twenty-six thousand pounds

[11793.40 kilograms], and this vehicle towing a vehicle not in excess of ten

thousand pounds [4535.92 kilograms].

(3) A class C license. This license allows the operation of a single vehicle with a

gross vehicle weight rating of twenty-six thousand pounds [11793.40

kilograms] or less or this vehicle towing a vehicle with a gross vehicle weight

rating not in excess of ten thousand pounds [4535.92 kilograms] comprising:

(a) Vehicles designed to transport sixteen or more passengers, including

the driver; and

(b) Vehicles used in the transportation of hazardous materials which

requires the vehicle to be placarded under 49 CFR part 172,

subpart F.

b. Endorsements and restrictions include:

(1) "H" that authorizes the driver to drive a vehicle transporting hazardous

materials.

(2) "T" that authorizes driving double and triple trailers.

(3) "P" that authorizes driving vehicles carrying passengers.

(4) "N" that authorizes driving tank vehicles.

(5) "X" that authorizes driving combinations of tank vehicles and hazardous

material vehicles.

(6) "S" that authorizes driving a schoolbus.

c. Other restrictions may be placed upon a commercial driver's license, under

section 39-06-17. The applicant shall pay a fee listed in section 39-06.2-19 for

each endorsement.

4. Before issuing a commercial driver's license, the director shall obtain driving record

information through the commercial driver's license information system, the national

driver's register, and from each state in which the individual has been licensed.

5. Within ten days after issuing a commercial driver's license, the director shall notify the

commercial driver's license information system of that fact, providing all information

required to ensure identification of the individual.

6. A commercial driver's license issued under this chapter expires in the manner provided

for operator's licenses under section 39-06-19.

7. An individual applying for renewal of a commercial driver's license must complete the

application form required by subsection 1 of section 39-06.2-08, and provide updated

information and required certifications. For an applicant to retain a hazardous

materials endorsement, the applicant must take and pass the written test for a

hazardous materials endorsement.

8. A class A, B, or C license may not be issued to an individual under eighteen years of

age, except a class A, B, or C type license specially restricted to use for custom

harvest purposes must be issued to an individual at least sixteen years of age who

satisfactorily completes the appropriate examinations.
N.D. Cent. Code § 39-01-03 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-03
39-01-03. Motor vehicle owned by the state, North Dakota art museum, or an international peace garden not to be used for private use or in political activities
Status: in_force

39-01-03. Motor vehicle owned by the state, North Dakota art museum, or an

international peace garden not to be used for private use or in political activities.

A person, officer, or employee of the state or of any department, board, bureau,

commission, institution, industry, or other agency of the state, or person, officer, or employee of

the North Dakota art museum, or of any entity located upon the international boundary line

between the United States of America and Canada used and maintained as a memorial to

commemorate the long-existing relationship of peace and good will between the people and the

governments of the United States of America and Canada and to further international peace

among the nations of the world, may not use or drive any motor vehicle belonging to the state or

to any department, board, bureau, commission, institution, industry, or other agency of the state,

or person, officer, or employee of the North Dakota art museum, or of any entity located upon

the international boundary line between the United States of America and Canada used and

maintained as a memorial to commemorate the long-existing relationship of peace and good will

between the people and the governments of the United States of America and Canada and to

further international peace among the nations of the world, for private use, or while engaged in

any political activity.
N.D. Cent. Code § 39-06-04 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-04
39-06-04. Class D instruction permit
Status: in_force

39-06-04. Class D instruction permit

1. Any resident of this state who is at least fourteen years of age may apply to the

director for a class D instruction permit.

2. The director may issue a class D instruction permit that entitles the applicant while

having the permit in the permittee's immediate possession to drive a motor vehicle

upon the public highways, if the individual:

a. Has successfully passed a standard written rules of the road knowledge test

prescribed by the director;

b. Has successfully passed a vision examination; and

c. Has the written approval of the individual's parent or legal guardian.

3. The permittee must be accompanied by an individual with a class A, B, C, or D license

in a vehicle allowed to be operated with a class D license, who is at least eighteen

years of age, who has had at least three years of driving experience, and who is

occupying a seat beside the driver. An individual other than the supervising driver and

the permitholder may not be in the front seat unless the vehicle has only a front seat,

in which case, the supervising driver must be seated next to the permitholder.

4. An individual who is not yet eighteen years of age is not eligible for a class D license

until that individual has had an instruction permit issued for at least six months or at

least twelve months if under the age of sixteen. The director may recognize an

instruction permit issued by another jurisdiction in computing the six-month or

twelve-month instructional period.

5. The permittee 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.
N.D. Cent. Code § 39-06-29 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-29
39-06-29. Courts to report records of certain convictions
Status: repealed

39-06-29. Courts to report records of certain convictions

Repealed by S.L. 1981, ch. 386, § 3.
N.D. Cent. Code § 39-08-08 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-08
39-08-08. Duty upon striking highway fixtures or other property
Status: in_force

39-08-08. Duty upon striking highway fixtures or other property

The driver of any vehicle involved in a crash resulting only in damage to highway fixtures or

other property shall take reasonable steps to locate and notify the owner or person in charge of

the property of the damage. The driver shall provide the driver's name, address, and registration

number of the vehicle the driver is driving and shall upon request and if available exhibit the

driver's, operator's, or chauffeur's license. The driver shall make report of the crash when and

as required in section 39-08-09. The driver shall provide the name of the motor vehicle

insurance policy carrier and the policy number of the driver, or if the driver is not the owner of

the vehicle, then the motor vehicle insurance policy carrier and the policy number of the owner

of the vehicle, to the owner or person in charge of the damaged property or to the law

enforcement officer investigating the crash.
N.D. Cent. Code § 39-12-18 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-18
39-12-18. Payment of charges - Confiscation - Sale
Status: in_force

39-12-18. Payment of charges - Confiscation - Sale

If the charges and costs as provided in section 39-12-17 are not paid immediately from a

cash bond previously posted or other cash payment, the judge shall order the vehicle

confiscated and sold by the sheriff of the county at a public sale to the highest bidder and the

proceeds applied to the payment of the charges and costs assessed under the provisions of

sections 39-12-11 through 39-12-22.
N.D. Cent. Code § 39-21-22 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-22
39-21-22. Single-beam road-lighting equipment
Status: in_force

39-21-22. Single-beam road-lighting equipment

Headlamps arranged to provide a single distribution of light are permitted on motor vehicles

manufactured and sold prior to one year after July 1, 1963, in lieu of multiple-beam road-lighting

equipment herein specified if the single distribution of light complies with the following

requirements and limitations:

1. The headlamps must be so aimed that when the vehicle is not loaded none of the

high-intensity portion of the light shall at a distance of twenty-five feet [7.62 meters]

ahead project higher than a level of five inches [12.7 centimeters] below the level of

the center of the lamp from which it comes, and in no case higher than forty-two

inches [106.68 centimeters] above the level on which the vehicle stands at a distance

of seventy-five feet [22.86 meters] ahead.

2. The intensity must be sufficient to reveal persons and vehicles at a distance of at least

two hundred feet [60.96 meters].
N.D. Cent. Code § 39-20-13 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-13
39-20-13. State crime laboratory to examine specimens of fatalities in accidental deaths involving a motor vehicle - Record use
Status: in_force

39-20-13. State crime laboratory to examine specimens of fatalities in accidental

deaths involving a motor vehicle - Record use.

In cases of death resulting from a motor vehicle accident or other unnatural death occurring

in a motor vehicle, the county coroner shall require that specimens of blood, urine, and vitreous

humor be withdrawn from the body of the decedent within twenty-four hours after the decedent's

death by a coroner, coroner's physician, or other qualified person, prior to embalming. The

specimens must be collected and preserved by methods and techniques established by the

director of the state crime laboratory or the director's designee. The specimens so drawn must

be sent to the director of the state crime laboratory or the director's designee for analysis for

alcohol, carbon monoxide, and other drug content. The director of the state crime laboratory or

the director's designee shall keep a record of all such examinations to be used for statistical

purposes. The records must be made available to the director for use by the national highway

traffic safety administration in analyzing fatal accidents. The information in the possession of the

director may be obtained from the director of the state crime laboratory or the director's

designee only as provided in this section. Except as provided, the results of the examinations

referred to in this section must be used only for statistical purposes, except that the results must

be released upon the issuance of a subpoena duces tecum by a court of competent jurisdiction

in any civil or criminal action. The cumulative results of the examinations, without identifying the

individuals involved, must be disseminated to interested state and local officials and made

public by the director of the state crime laboratory or the director's designee. Any person

drawing the specimens and any person making any examination under the terms of this section

are immune from all liability, civil or criminal, that might otherwise be incurred or imposed.
N.D. Cent. Code § 39-29-01.1 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-01.1
39-29-01.1. Safety fee - Imposition - Collection by dealer - Payment to department - Use of fee
Status: in_force

39-29-01.1. Safety fee - Imposition - Collection by dealer - Payment to department -

Use of fee.

Upon the sale of a new or used off-highway vehicle, a dealer shall collect a five dollar safety

fee from the buyer. By the end of each calendar quarter, the dealer shall file a report with the

parks and recreation department which discloses the number of off-highway vehicles sold the

previous months and includes the fees collected from the buyer. Fees imposed under this

section must be deposited in the off-highway vehicle fund established under section 39-29-05.

The fees may be used only by the parks and recreation department and only for off-highway

vehicle safety education and promotion. The parks and recreation department shall report to the

director within thirty days of the end of each calendar quarter the motor-powered recreational

vehicle dealers that submitted a safety fee report and the number of vehicles sold, and shall

identify every dealer not collecting or transmitting the safety fee.
N.D. Cent. Code § 39-06-45 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-45
39-06-45. Permitting unauthorized individual to drive
Status: in_force

39-06-45. Permitting unauthorized individual to drive

An individual may not authorize or knowingly permit a motor vehicle owned by the individual

or under the individual's control to be operated upon any highway by any individual who is not

authorized under this chapter or in violation of this chapter.
N.D. Cent. Code § 39-04-36 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-36
39-04-36. Transfer of registered vehicle - Removal of number plates - Transfer of number plates
Status: in_force

39-04-36. Transfer of registered vehicle - Removal of number plates - Transfer of

number plates.

1. Whenever the ownership of a vehicle registered under the provisions of this chapter,

chapter 39-18, or chapter 39-29.2 is transferred or assigned, the registration of the

vehicle expires and the transferor shall remove the number plates.

2. Upon applying for the transfer of the registration and paying a five dollar fee, a person

who transfers or assigns to another person the ownership of a registered vehicle may

receive credit for the unused portion of the fees paid for the transferred vehicle. The

transferor must use a number plate previously removed pursuant to subsection 1,

regardless of whether there is any license fee credit remaining. If the number plate has

become lost, stolen, or mutilated, the transferor may apply for duplicate plates. The

department may establish procedures that permit the transferor to assign the credit to

the transferee if the transferor is the spouse, a sibling, or a lineal ancestor or

descendant of the transferee. Any remaining credit on a vehicle owned by a leasing

company must be credited to the lessee. One-twelfth of the annual fee must be

credited for each month of the registration period remaining after the month in which

the transfer is made. The credit may not extend beyond the original expiration of the

registration. Except as provided in section 39-04-44, the credit must be applied to the

registration fees for a replacement vehicle. The transferor shall apply for the transfer of

registration within thirty days of the purchase of the replacement vehicle.

3. Except as otherwise permitted in this chapter, before the transferee of a registered

vehicle may operate the vehicle on a highway, the transferee must apply for and obtain

a new registration of the vehicle, as on an original registration. To provide the

transferee adequate time to obtain a new registration, the director may provide for the

issuance of a temporary registration certificate to permit the transferee to operate the

vehicle for seventy-five days after the date of acquisition. The vehicle may be operated

for five days from date of purchase without a plate or certificate of ownership if dated

evidence of ownership is carried in the vehicle. The evidence of ownership must be in

a form as prescribed by the department.
N.D. Cent. Code § 39-22.3-01 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-01
39-22.3-01. Motor-powered recreational vehicle dealer's license - Fees - Additional number plates
Status: in_force

39-22.3-01. Motor-powered recreational vehicle dealer's license - Fees - Additional

number plates.

A person may not engage in the business of buying, selling, or exchanging of

motor-powered recreational vehicles without possessing a current motor-powered recreational

vehicle dealer's license. A person may not advertise or hold out to the public as engaging in the

buying, selling, or exchanging of motor-powered recreational vehicles for resale without

possession of a current motor-powered recreational vehicle dealer's license. The

motor-powered recreational vehicle dealer's license fee is twenty-five dollars per year and with

which must be issued one dealer's plate. Additional dealer's plates are ten dollars each. A dealer

plate may be displayed on any motor-powered recreational vehicle owned by the dealer.
N.D. Cent. Code § 39-03-17 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-17
39-03-17. Powers and duties of director of the safety division
Status: in_force

39-03-17. Powers and duties of director of the safety division

The director of the safety division, under the supervision of the highway patrol

superintendent, shall direct and carry on a public education and information program and assist

and cooperate with all governmental or private agencies, organizations, or groups in order to

encourage better and safer driving practices, better law enforcement, and more uniform

penalties, for the purpose of reducing the number of motor vehicle accidents.

The director shall coordinate and strengthen the highway and traffic safety activities of the

state of North Dakota and its political subdivisions. The director shall specifically promote the

coordination of the functions of driver licensing and control, financial responsibility, traffic law

enforcement, and other highway and traffic safety activities of the state highway patrol and the

department of transportation, and shall generally work and cooperate with the officials in charge

of these departments and all public officials in all matters relating to motor vehicle safety.

All supplies and equipment of the public safety division of the department of transportation

are hereby transferred to the public safety division of the highway patrol created by section

39-03-16.
N.D. Cent. Code § 39-12-22 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-22
39-12-22. Permissible loads - Exceptions
Status: in_force

39-12-22. Permissible loads - Exceptions

When any motor truck, truck tractor, or trailer is operated upon the public highways of this

state carrying a load in excess of the maximum prescribed under the provisions of sections

39-12-03, 39-12-05, and 39-12-05.3 or other maximum weight limitations prescribed by law, the

load must be reduced or shifted to within such maximum limitations before being permitted to

operate on any public highway of this state; provided, however, that any such vehicle carrying a

load of livestock is exempt from the limitations prescribed in section 39-12-05.3, relating to the

carrying capacity of any wheel, tire, axle, or group of axles when excessive weight is caused by

a shifting of the weight of the livestock. All material unloaded as required by this section must be

cared for by the owner or operator of such vehicle at the risk of such owner or operator.
N.D. Cent. Code § 39-22.3-07 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-07
39-22.3-07. Dealer permitting license to be used by another dealer - License revoked - Penalty
Status: in_force

39-22.3-07. Dealer permitting license to be used by another dealer - License revoked -

Penalty.

A dealer who permits any other dealer to use that first dealer's license, or permits the use of

the license for the benefit of any other dealer, is guilty of an infraction. The director shall revoke

the license of any dealer who violates this section.
N.D. Cent. Code § 39-06-19.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-19.1
39-06-19.1. Extended term of license held by members of the armed forces - Limitations
Status: in_force

39-06-19.1. Extended term of license held by members of the armed forces -

Limitations.

A valid operator's license issued under this chapter to a resident of this state who enters or

is in the United States armed forces and serving on active duty continues in full force and effect

so long as the active service continues and the licensee remains absent from this state, and for

not to exceed thirty days following the date on which the holder of this license is honorably

separated from this service or returns to this state, unless the license is sooner suspended,

canceled, or revoked for cause. The license is valid only if in the immediate possession of the

licensee while driving and the licensee has the licensee's discharge or separation papers, if the

licensee has been discharged or separated from the service, or has documentation authorizing

the licensee to be absent from the licensee's duty station in the licensee's immediate

possession.
N.D. Cent. Code § 39-10.1-08 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-08
39-10.1-08. Point system not applicable
Status: in_force

39-10.1-08. Point system not applicable

Any violation of this chapter, or any moving violation as defined in section 39-06.1-09, or

any nonmoving violation as defined in section 39-06.1-08 when committed on a bicycle, an

electric bicycle, or a multipassenger bicycle, as defined in section 39-01-01, is not cause for the

licensing authority to assess points against the driving record of the violator pursuant to section
N.D. Cent. Code § 39-20-07 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-07
39-20-07. Interpretation of chemical tests
Status: in_force

39-20-07. Interpretation of chemical tests

Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have

been committed by any individual while driving or in actual physical control of a motor vehicle

while under the influence of intoxicating liquor, drugs, or a combination thereof, evidence of the

amount of alcohol concentration or presence of other drugs, or a combination thereof, in the

individual's blood, breath, or urine at the time of the act alleged as shown by a chemical

analysis of the blood, breath, or urine is admissible. For the purpose of this section:

1. An individual having, at that time, an alcohol concentration of not more than five

one-hundredths of one percent by weight is presumed not to be under the influence of

intoxicating liquor. This presumption has no application to the administration of chapter

39-06.2.

2. Evidence that there was at that time more than five one-hundredths of one percent by

weight alcohol concentration in an individual is relevant evidence, but it is not to be

given prima facie effect in indicating whether the individual was under the influence of

intoxicating liquor.

3. An individual having an alcohol concentration of at least eight one-hundredths of one

percent by weight or, with respect to an individual under twenty-one years of age, an

alcohol concentration of at least two one-hundredths of one percent by weight at the

time of the performance of a chemical test within two hours after driving or being in

physical control of a vehicle is under the influence of intoxicating liquor at the time of

driving or being in physical control of a vehicle.

4. Alcohol concentration is based upon grams of alcohol per one hundred milliliters of

blood or grams of alcohol per two hundred ten liters of end expiratory breath or grams

of alcohol per sixty-seven milliliters of urine.

5. The results of the chemical analysis must be received in evidence when it is shown

that the sample was properly obtained and the test was fairly administered, and if the

test is shown to have been performed according to methods and with devices

approved by the director of the state crime laboratory or the director's designee, and

by an individual possessing a certificate of qualification to administer the test issued by

the director of the state crime laboratory or the director's designee. The director of the

state crime laboratory or the director's designee is authorized to approve satisfactory

devices and methods of chemical analysis and determine the qualifications of

individuals to conduct such analysis, and shall issue a certificate to all qualified

operators who exhibit the certificate upon demand of the individual requested to take

the chemical test.

6. The director of the state crime laboratory or the director's designee may appoint, train,

certify, and supervise field inspectors of breath testing equipment and its operation,

and the inspectors shall report the findings of any inspection to the director of the state

crime laboratory or the director's designee for appropriate action. Upon approval of the

methods or devices, or both, required to perform the tests and the individuals qualified

to administer them, the director of the state crime laboratory or the director's designee

shall prepare, certify, and electronically post a written record of the approval with the

state crime laboratory division of the attorney general at the attorney general website,

and shall include in the record:

a. An annual register of the specific testing devices currently approved, including

serial number, location, and the date and results of last inspection.

b. An annual register of currently qualified and certified operators of the devices,

stating the date of certification and its expiration.

c. The operational checklist and forms prescribing the methods currently approved

by the director of the state crime laboratory or the director's designee in using the

devices during the administration of the tests.

d. The certificate of the director of the state crime laboratory designating the

director's designees.

e. The certified records electronically posted under this section may be

supplemented when the director of the state crime laboratory or the director's

designee determines it to be necessary, and any certified supplemental records

have the same force and effect as the records that are supplemented.

f. The state crime laboratory shall make the certified records required by this

section available for download in a printable format on the attorney general

website.

7. Copies of the state crime laboratory certified records referred to in subsections 5 and 6

that have been electronically posted with the state crime laboratory division of the

attorney general at the attorney general website must be admitted as prima facie

evidence of the matters stated in the records.

8. A certified copy of the analytical report of a blood or urine analysis referred to in

subsection 5 and which is issued by the director of the state crime laboratory or the

director's designee must be accepted as prima facie evidence of the results of a

chemical analysis performed under this chapter. The certified copy satisfies the

directives of subsection 5.

9. Superseded by N.D.R.Ev., Rule 707.

10. A law enforcement officer who has witnessed an individual who is medically qualified

to draw the blood sample for testing may sign a verified statement that the law

enforcement officer witnessed the individual draw the blood sample and the individual

followed the approved methods of the director of the state crime laboratory or the

director's designee. Further foundation is not required to establish that the blood

sample was drawn according to the approved method of the director of the state crime

laboratory or the director's designee.
N.D. Cent. Code § 39-04.2-02 — ND Code / Title 39 / Chapter 39-04.2 / Section 39-04.2-02
39-04.2-02. Public transportation fund - Administration of the fund
Status: in_force

39-04.2-02. Public transportation fund - Administration of the fund

The director shall administer the public transportation fund. Payments disbursed under this

chapter must be paid from moneys deposited in the fund. The expenses arising from

administration of the fund must be paid from the fund within the limits of legislative

appropriations.
N.D. Cent. Code § 39-04-14.2 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-14.2
39-04-14.2. Staggered registration for apportioned vehicles
Status: in_force

39-04-14.2. Staggered registration for apportioned vehicles

The director may establish a procedure for the implementation of a staggered registration

system for vehicles registered pursuant to the international registration plan. Procedures

established under this section may provide for a one-time collection of up to eighteen months of

registration fees.
N.D. Cent. Code § 39-06.2-10.8 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-10.8
39-06.2-10.8. Temporary driver's permit
Status: in_force

39-06.2-10.8. Temporary driver's permit

A temporary driver's permit extends driving privileges for twenty-five days, unless earlier

terminated by the decision of a hearing officer under section 39-06.2-10.6. The law enforcement

officer must sign and note the date of issuance on the temporary driver's permit. The temporary

driver's permit serves as the director's official notification to the driver of the director's intent to

revoke, suspend, or deny driving privileges in this state. No temporary driver's permit may be

issued for the period covered by an out-of-service order.
N.D. Cent. Code § 39-16.2-05 — ND Code / Title 39 / Chapter 39-16.2 / Section 39-16.2-05
39-16.2-05. Penalties
Status: in_force

39-16.2-05. Penalties

A dealer subject to the financial responsibility requirements of this chapter who operates or

causes to be operated a motor vehicle in this state without meeting the financial responsibility

requirements of this chapter is guilty of a class B misdemeanor. A dealer subject to the financial

responsibility requirements of this chapter who operates or causes to be operated a motor

vehicle in this state without meeting the financial responsibility requirements of this chapter if the

vehicle is involved in an accident is guilty of a class A misdemeanor. The department may

refuse to issue the registration for a vehicle or may cancel the registration of a vehicle owned or

operated by a person who does not comply with the requirements of this chapter.
N.D. Cent. Code § 39-22.3-03 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-03
39-22.3-03. Issuance of license - Conditions - Penalty
Status: in_force

39-22.3-03. Issuance of license - Conditions - Penalty

A license may not be issued until the applicant furnishes proof satisfactory to the director

that the applicant has and will continue to maintain an established place of business. An

established central place of business means a permanent enclosed building or structure either

owned or leased with a stated periodic rental, at which a permanent business of bartering,

trading, and selling of motor-powered recreational vehicles, the repair, maintenance, and

servicing of motor-powered recreational vehicles and the storage of parts and accessories of

motor-powered recreational vehicles will be carried out in good faith and not for the purpose of

evading this section, and where the business books, records, and files must be maintained, and

does not mean a residence, tents, temporary stands, or other temporary quarters, nor

permanent quarters occupied pursuant to any temporary arrangement. The central place of

business may consist of several buildings or structures, but a building or structure may not be

located beyond one thousand feet [304.8 meters] from any other buildings or structures of the

central place of business. The central place of business must be located within this state. The

licensee must be permitted to use unimproved lots and premises for sales, storage, or display of

motor-powered recreational vehicles. A nonrefundable fee of fifty dollars will be charged for

each inspection and must accompany each initial application for a motor-powered recreational

vehicle dealer's license. Any dealer violating this chapter must be assessed a one hundred

dollar fee by the department for a first violation and a two hundred dollar fee by the department

for a second violation within two years of the first violation. The department shall suspend the

license of a motor-powered recreational vehicle dealer licensed under this chapter if a third or

subsequent violation of this chapter occurs within five years of the first violation.
N.D. Cent. Code § 39-03.1-26 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-26
39-03.1-26. Payments under other laws
Status: in_force

39-03.1-26. Payments under other laws

All payments provided for in this chapter are in addition to any other benefits now or

hereafter provided for under the workforce safety and insurance laws of this state.
N.D. Cent. Code § 39-21-41 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-41
39-21-41. Safety glazing material in motor vehicles
Status: in_force

39-21-41. Safety glazing material in motor vehicles

1. No person may sell any new motor vehicle, nor may any new motor vehicle be

registered, unless it is equipped with safety glazing material of a type approved by the

department wherever glazing material is used in doors, windows, and windshields. The

foregoing provisions shall apply to all passenger-type motor vehicles, including

passenger buses and schoolbuses, but in respect to trucks, including truck tractors,

the requirements as to safety glazing material apply to all glazing material used in

doors, windows, and windshields in the drivers' compartment.

2. The term "safety glazing materials" means glazing materials so constructed, treated,

or combined with other materials as to reduce substantially, in comparison with

ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from

exterior sources or by these safety glazing materials when they may be cracked or

broken.

3. The department shall maintain a list of types of glazing material by name approved by

it as meeting the requirements of this section and may not register after January 1,

1964, any motor vehicle which is subject to the provisions of this section unless it is

equipped with an approved type of safety glazing material, and it shall thereafter

suspend the registration of any motor vehicle subject to this section which it finds is

not equipped until it is made to conform to the requirements of this section. The

requirements of this section do not apply to antique automobiles licensed under
N.D. Cent. Code § 39-16.1-23 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-23
39-16.1-23. Who may be self-insurer
Status: in_force

39-16.1-23. 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 such 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 such 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 § 39-21-45 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-45
39-21-45. Air-conditioning equipment
Status: in_force

39-21-45. Air-conditioning equipment

1. The term "air-conditioning equipment", as used or referred to in this section, means

mechanical vapor compression refrigeration equipment which is used to cool the

driver's or passenger compartment of any motor vehicle.

2. Air-conditioning equipment must be manufactured, installed, and maintained with due

regard for the safety of the occupants of the vehicle and the public and may not

contain any refrigerant which is toxic to persons or which is flammable, unless the

refrigerant is included in the list published by the United States environmental

protection agency as a safe alternative motor vehicle air-conditioning substitute for

chlorofluorocarbon-12, pursuant to 42 U.S.C. 7671k(c).

3. The department may adopt and enforce safety requirements, rules, and specifications

consistent with the requirements of this section applicable to equipment which must

correlate with and, so far as possible, conform to the current recommended practice or

standard applicable to air-conditioning equipment approved by the society of

automotive engineers.

4. No person may have for sale, offer for sale, sell, or equip any motor vehicle with any

air-conditioning equipment unless it complies with the requirements of this section.

5. No person may operate on any highway any motor vehicle equipped with any

air-conditioning equipment unless the equipment complies with the requirements of

this section.
N.D. Cent. Code § 39-02-05 — ND Code / Title 39 / Chapter 39-02 / Section 39-02-05
39-02-05. Records of the department open to public inspection (Contingent expiration date - See note)
Status: in_force

39-02-05. Records of the department open to public inspection. (Contingent

expiration date - See note)

Except as provided by chapter 39-33, all registration and license records in the office of the

department must be public records and must be open to inspection by the public during

business hours. The director shall charge a uniform fee, not to exceed three dollars, for each

item of information furnished to any person concerning a specific motor vehicle. However, such

charges may not be assessed to a person requesting information concerning a motor vehicle of

which that person is the owner, nor may such charges apply to law enforcement officials

requesting motor vehicle information in their official capacity. All fees received under the

provisions of this section must be credited to the highway tax distribution fund.
N.D. Cent. Code § 39-03.1-02 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-02
39-03.1-02. North Dakota highway patrol troopers' retirement system
Status: in_force

39-03.1-02. North Dakota highway patrol troopers' retirement system

A retirement system is hereby established for the members of the North Dakota highway

patrol.
N.D. Cent. Code § 39-27-18 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-18
39-27-18. Passenger seat
Status: in_force

39-27-18. Passenger seat

Motorcycles designed to carry more than one person must be equipped with a securely

mounted seat for each passenger located to the side or rear of the driver such that the

passenger seat does not interfere with the driver's control or operation of the vehicle. In the

case of a two-wheel vehicle, the passenger seat must be located on the longitudinal centerline

of the motorcycle.
N.D. Cent. Code § 39-04-34.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-34.1
39-04-34.1. Transfer of certain powers to public service commission
Status: repealed

39-04-34.1. Transfer of certain powers to public service commission

Repealed by S.L. 1953, ch. 237, § 7.
N.D. Cent. Code § 39-21-10 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-10
39-21-10. Mounting of reflectors, clearance lamps, and side marker lamps
Status: in_force

39-21-10. Mounting of reflectors, clearance lamps, and side marker lamps

1. Reflectors when required by section 39-21-08 must be mounted at a height not less

than fifteen inches [38.1 centimeters] and not higher than sixty inches [152.4

centimeters] above the ground on which the vehicle stands, except that if the highest

part of the permanent structure of the vehicle is less than fifteen inches [38.1

centimeters] the reflector must be mounted as high as that part of the permanent

structure will permit. The rear reflectors on a pole trailer may be mounted on each side

of the bolster or load. Any required red reflector on the rear of a vehicle may be

incorporated with the taillamp but must meet all the other reflector requirements of this

chapter.

2. Clearance lamps must be mounted on the permanent structure of the vehicle in such a

manner as to indicate its extreme width and as near the top thereof as practicable.

Clearance lamps and side marker lamps may be mounted in combination provided

illumination is given as required herein with reference to both.
N.D. Cent. Code § 39-06.2-10.4 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-10.4
39-06.2-10.4. Action following test result or refusal of testing by nonresident driver
Status: in_force

39-06.2-10.4. Action following test result or refusal of testing by nonresident driver

If a driver licensed in another state refuses, in this state, a test provided under section

39-06.2-10.2 or submits to a test under section 39-06.2-10.2, and the test results show an

alcohol concentration of at least four one-hundredths of one percent by weight, the following

procedures apply:

1. When a breath sample test result, derived under section 39-20-07, reveals the driver

to have alcohol concentration of at least four one-hundredths of one percent by weight,

the halting officer, without taking possession of the person's out-of-state driver's

license, shall inform the driver of the test results and issue an out-of-service order

according to section 39-06.2-10.9 and a temporary driver's permit according to section

39-06.2-10.8.

2. When a urine or blood sample test result, derived under section 39-20-07, reveals an

alcohol concentration of at least four one-hundredths of one percent by weight, the

halting officer shall mail the person a temporary driver's permit issued according to

section 39-06.2-10.8 and a notice as provided under section 39-06.1-07.

3. The law enforcement officer, within five days of issuing the temporary driver's permit,

shall forward to the director a certified written report in the form required by the director

and a certified copy of the operational checklist and test records of a breath test and a

copy of the certified copy of the analytical report for a blood or urine test for all tests

administered at the direction of the officer. If the person was issued a temporary

driver's permit because of the person's refusal to submit to a test under sections

39-06.2-10.2 and 39-20-14, the report must include information as provided in section
N.D. Cent. Code § 39-10.2-04 — ND Code / Title 39 / Chapter 39-10.2 / Section 39-10.2-04
39-10.2-04. Clinging to other vehicle
Status: in_force

39-10.2-04. Clinging to other vehicle

No person riding upon a motorcycle may attach the person's self or the motorcycle to any

other vehicle on a roadway.
N.D. Cent. Code § 39-06.2-09.1 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-09.1
39-06.2-09.1. Nondomiciled commercial license
Status: in_force

39-06.2-09.1. Nondomiciled commercial license

1. The department may issue a nondomiciled commercial driver's license to an applicant

who does not present a social security card as required by section 39-06.2-08 but who

otherwise meets the requirements for a nondomiciled commercial driver's license. A

license issued under this subsection is valid only during the period of time of the

applicant's authorized stay in the United States. The license may be renewed only

upon presentation of valid documentary evidence that the status has been extended.

The department shall renew without a skills or knowledge test a nondomiciled

commercial license that has been expired for a duration not longer than one year.

2. The fee for a nondomiciled commercial driver's license is listed in section 39-06.2-19.
N.D. Cent. Code § 39-22-04 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-04
39-22-04. Grounds for denial, suspension, cancellation, or revocation of dealer's license
Status: in_force

39-22-04. 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 a

dealer's license after it has been granted for making any material misstatement by an applicant

in the application for the license; willfully failing to comply with the provisions of this chapter or

with any rule adopted by the director; knowingly permitting any person to sell or exchange, or

offer or attempt to sell or exchange any motor vehicle except for the licensed motor vehicle

dealer by whom the person is employed; willfully violating a law relating to the sale, distribution,

or financing of motor vehicles; having ceased to have an established place of business; or

having violated any state or federal law relating to alteration of odometers or vehicle

identification number.
N.D. Cent. Code § 39-21-30.1 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-30.1
39-21-30.1. Duration of approval
Status: in_force

39-21-30.1. Duration of approval

Approvals of lighting devices or other safety equipment, components, or assemblies remain

valid unless revoked under section 39-21-31 or unless the department requires them to be

renewed by regulation.
N.D. Cent. Code § 39-24-03 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-03
39-24-03. Registration - Application - Issuance - Fees - Renewal
Status: in_force

39-24-03. Registration - Application - Issuance - Fees - Renewal

1. Application for registration must be made to the department in a form as the

department shall prescribe and furnish and must state the name and address of every

owner of the snowmobile and be signed by at least one owner. A copy of the

application must be carried on the person when operating and shall serve as evidence

of registration for a period of not more than thirty days from the date of application.

2. Upon receipt of the application and the appropriate fee, the department shall register a

snowmobile and assign a registration number and a certificate of registration. The

registration number must be at least one and one-half inches [3.81 centimeters] in

height and of a reflectorized material and must be securely affixed on each side of the

snowmobile in a position as to provide clear legibility for identification. The certificate of

registration must include information regarding the make, year, serial number, and

name and address of the owner. The fee for registration of each snowmobile must be

five dollars for any portion of the registration period and the registration period is for

two years beginning October first of each odd-numbered year. The fee for a duplicate

or replacement registration number or registration card which is lost, mutilated, or

becomes illegible may not exceed five dollars. For each snowmobile registered under

the provisions of this chapter, there must be assessed a snowmobile trail tax in the

amount of forty-five dollars.

3. Every owner of a snowmobile shall renew the registration in a manner as the

department shall prescribe, upon payment of the same registration fees provided in

this section.

4. Upon application for registration as prescribed in this section, any snowmobile dealer

as defined in section 39-24-01 must be issued registration numbers distinctively

marked as dealer's registration numbers upon payment of the appropriate fee as

prescribed in this section. The dealer's registration numbers must be used only on

snowmobiles owned by the dealership.
N.D. Cent. Code § 39-10.3-07 — ND Code / Title 39 / Chapter 39-10.3 / Section 39-10.3-07
39-10.3-07. Equipment
Status: in_force

39-10.3-07. Equipment

An experimental vehicle must be equipped with a horn, front and rear turn signal lamps,

stop lamps, a balanced and coreactive dual-braking system, a windshield, a safety belt installed

at each seating position, an exterior mirror mounted on the operator's side of the vehicle, a roll

cage that encompasses the entire driver, fresh air intake vents or wheel openings, and either an

exterior mirror mounted on the passenger's side of the vehicle or an interior rearview mirror.
N.D. Cent. Code § 39-29-10 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-10
39-29-10. Operation by persons under age sixteen
Status: in_force

39-29-10. Operation by persons under age sixteen

Except as otherwise provided in this section, an individual under sixteen years of age who is

not in possession of a valid operator's license or permit to operate an off-highway vehicle may

not, except upon the lands of the individual's parent or guardian or as a participant in an

organized sporting event that involves the use of off-highway vehicles, operate an off-highway

vehicle. An individual at least twelve years of age may operate an off-highway vehicle if the

individual has completed an off-highway vehicle safety training course prescribed by the director

of the parks and recreation department and has received the appropriate off-highway vehicle

safety certificate issued by the director of the parks and recreation department. The failure of an

operator to exhibit an off-highway vehicle safety certificate on demand to any official authorized

to enforce this chapter is presumptive evidence that that person does not hold a certificate.

Fees collected from each individual receiving certification must be deposited in the off-highway

vehicle trail tax fund for off-highway vehicle safety education and training programs.
N.D. Cent. Code § 39-21-07 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-07
39-21-07. Application of succeeding sections
Status: in_force

39-21-07. Application of succeeding sections

Those sections of this chapter which follow immediately, including sections 39-21-08,

39-21-09, 39-21-10, 39-21-11, and 39-21-12, relating to clearance and marker lamps, reflectors,

and stoplights, apply as stated in said sections to vehicles of the type therein enumerated,

namely passenger buses, trucks, truck tractors, and certain trailers, semitrailers and pole

trailers, respectively, when operated upon any highway, and said vehicles must be equipped as

required and all lamp equipment required must be lighted at the times mentioned in section

39-21-01, except that clearance and side marker lamps need not be lighted on any said vehicle

when operated within any municipality where there is sufficient light to render clearly discernible

persons and vehicles on the highway at a distance of five hundred feet [152.4 meters].
N.D. Cent. Code § 39-16.2-03 — ND Code / Title 39 / Chapter 39-16.2 / Section 39-16.2-03
39-16.2-03. Maintenance and certification of financial requirements - Verification
Status: in_force

39-16.2-03. Maintenance and certification of financial requirements - Verification

A dealer subject to the financial responsibility requirements of this chapter shall maintain the

liability insurance prescribed in section 39-16.2-02 which obligates the dealer to pay

compensation for injuries to persons and for loss or damage to property by reason of the

ownership, maintenance, or use of the covered vehicle. The director may require dealers

subject to the financial responsibility requirements of this chapter to certify the existence of

financial responsibility in the form and at the times required by the director. The director may

forward the certification to the named insurer to determine if the certification is correct. No civil

liability may accrue to the insurer or any of its employees for reports made to the director if the

reports are made in good faith based upon the most recent information to the insurer.
N.D. Cent. Code § 39-30-03 — ND Code / Title 39 / Chapter 39-30 / Section 39-30-03
39-30-03. Seizure of equipment
Status: in_force

39-30-03. Seizure of equipment

1. Any tool, implement, or instrumentality, including a motor vehicle or motor vehicle part,

used or possessed in connection with any violation of section 39-30-02 may be seized

by a member of a state or local law enforcement agency upon process issued by any

court of competent jurisdiction.

2. Seizure of property described in subsection 1 may be made by a member of a state or

local law enforcement agency without process:

a. If in accordance with any applicable law or regulation;

b. If the seizure is incident to inspection under an administrative inspection warrant;

c. If the seizure is incident to search made under a search warrant;

d. If the seizure is incident to a lawful arrest;

e. If the seizure is made pursuant to a valid consent to search;

f. If the property seized has been the subject of a prior judgment in favor of the

state in a criminal proceeding or in an injunction or forfeiture proceeding under

section 39-30-05; or

g. If there are reasonable grounds to believe that the property is directly or indirectly

dangerous to health or safety.

3. When property is seized under this section, the seizing agency may:

a. Place the property under seal; or

b. Remove the property to a place selected and designated by the seizing party.
N.D. Cent. Code § 39-10-15 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-15
39-10-15. No-passing zones
Status: in_force

39-10-15. No-passing zones

1. The director and local authorities are hereby authorized to determine those portions of

any highway under their respective jurisdiction where overtaking and passing or

driving on the left side of the roadway would be especially hazardous and may by

appropriate signs or markings on the roadway indicate the beginning and end of such

zones and when such signs or markings are in place and clearly visible to an ordinarily

observant person, every driver of a vehicle shall obey the directions thereof.

2. Where signs or markings are in place to define a no-passing zone as set forth in

subsection 1, no driver may at any time drive on the left side of the roadway within

such no-passing zone or on the left side of any pavement striping designed to mark

such no-passing zone throughout its length.

3. This section does not apply under the conditions described in section 39-10-08 nor to

the driver of a vehicle turning left into or from an alley, private road, or driveway.
N.D. Cent. Code § 39-10-45 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-45
39-10-45. Emerging from alley, driveway, private road, or building
Status: in_force

39-10-45. Emerging from alley, driveway, private road, or building

The driver of a vehicle emerging from an alley, driveway, private road, or building within a

business or residence district shall stop such vehicle immediately prior to driving onto a

sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or

driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to

be entered where the driver has a view of approaching traffic thereon.
N.D. Cent. Code § 39-31-10 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-10
39-31-10. Reasonable rates to be made by household goods carriers
Status: repealed

39-31-10. Reasonable rates to be made by household goods carriers

Repealed by S.L. 2015, ch. 277, § 8.
N.D. Cent. Code § 39-07-03.1 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-03.1
39-07-03.1. Uniform traffic lights prescribed by commissioner - Prohibition
Status: repealed

39-07-03.1. Uniform traffic lights prescribed by commissioner - Prohibition

Repealed by S.L. 1953, ch. 177, § 120.
N.D. Cent. Code § 39-16.1-21 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-21
39-16.1-21. Operating under suspension or revocation - Penalties
Status: repealed

39-16.1-21. Operating under suspension or revocation - Penalties

Repealed by S.L. 2005, ch. 330, § 8.
N.D. Cent. Code § 39-04-02.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-02.1
39-04-02.1. Change of address
Status: in_force

39-04-02.1. Change of address

Whenever any person after making application for or obtaining the registration of a vehicle

moves from the address named in the application or shown upon a registration card such

person shall within ten days thereafter notify the department of the person's old and new

addresses.
N.D. Cent. Code § 39-10-74 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-74
39-10-74. Motor vehicle platoons
Status: in_force

39-10-74. Motor vehicle platoons

1. The department, in coordination with the state highway patrol superintendent, shall

develop an operational plan that provides guidelines for operating a platoon. The plan

must include operational information that must be provided by a platoon technology

provider or commercial motor vehicle operator. The department may restrict platooning

operations in accordance with the guidelines or the operational information provided in

the plan.

2. A platoon may not operate unless the platoon technology provider or the commercial

motor vehicle operator files an operational plan with the department and the plan is

approved for general platoon operations. If the department does not approve the plan,

the department shall inform the platoon technology provider or commercial motor

vehicle operator of the reason for the disapproval and provide guidance on how to

resubmit the plan to obtain approval.

3. A person operating a motor vehicle in a platoon without an approved plan must be

assessed a fee of one hundred dollars.

4. A person operating a motor vehicle in violation of the guidelines in an operational plan

must be assessed a fee of one hundred dollars.
N.D. Cent. Code § 39-22.3-06 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-06
39-22.3-06. Disposition of fees
Status: in_force

39-22.3-06. Disposition of fees

Fees from registration of dealers must be deposited with the state treasurer and credited to

the dealer enforcement fund to be used exclusively for enforcement of this chapter.
N.D. Cent. Code § 39-05-08 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-08
39-05-08. Application to be checked against certain indexes
Status: in_force

39-05-08. Application to be checked against certain indexes

The department shall maintain a vehicle identification number index of registered motor

vehicles and upon receiving an application for a certificate of title it shall check first the vehicle

identification number shown in the application against such index.
N.D. Cent. Code § 39-24-11 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-11
39-24-11. Penalties
Status: in_force

39-24-11. Penalties

1. Any person who violates:

a. Subsection 12 of section 39-24-09 must be assessed a fee of one hundred

dollars;

b. Subdivision b or g of subsection 5 of section 39-24-09 is guilty of a class B

misdemeanor;

c. Subdivision c of subsection 5 of section 39-24-09 is guilty of an infraction or a

class B misdemeanor as determined by section 39-24.1-07;

d. Subsection 11 of section 39-24-09 is guilty of a class B misdemeanor and must

be assessed a fine of at least one hundred dollars; and

e. Any other provision of section 39-24-09 must be assessed a fee of twenty dollars.

2. Any person, unless specifically exempted, who fails to register or fails to display a

decal or permit as required by sections 39-24-02 and 39-24-04 must be assessed a

fee of fifty dollars. If the person provides proof of registration after the violation, the fee

may be reduced by one-half.

3. Any person who violates any other provision of this chapter for which a specific penalty

is not provided must be assessed a fee of ten dollars.
N.D. Cent. Code § 39-08-06 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-06
39-08-06. Duty to give information and render aid
Status: in_force

39-08-06. Duty to give information and render aid

The driver of any vehicle involved in an accident resulting in injury to or the death of any

person or damage to any vehicle which is driven or attended by any person shall give the

driver's name and address, and the name of the motor vehicle insurance policy carrier of the

driver and owner, as well as the registration number, of the vehicle. Upon request, and if

available, the driver of any vehicle involved in the accident shall exhibit the driver's operator's or

chauffeur's license to the person struck or the driver or occupant of or person attending any

other vehicle involved in the accident and shall render to any person injured in the accident

reasonable assistance, including the carrying, or the making of arrangements for the carrying, of

the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent

that treatment is necessary or if the carrying is requested by the injured person.
N.D. Cent. Code § 39-06-48 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-48
39-06-48. Renting motor vehicle - Records
Status: in_force

39-06-48. Renting motor vehicle - Records

A person renting a motor vehicle to another person shall keep a record of the registration

number of the motor vehicle so rented, the name and address of the lessee to whom the vehicle

is rented, the number of the license of the lessee or the lessee's certified driver, and the date

and place when and where said license was issued. This record must be open to inspection by

any police officer or the director.
N.D. Cent. Code § 39-16.1-14 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-14
39-16.1-14. Financial responsibility may be evidenced by bond
Status: in_force

39-16.1-14. Financial responsibility may be evidenced by bond

1. Proof of financial responsibility may be evidenced by the bond of a surety company

duly authorized to transact business within this state, or a bond with at least two

individual sureties each owning real estate not exempt from execution of a value twice

the amount of such bond, which real estate must be scheduled in the bond approved

by a judge of a court of record, and recorded in the office of the recorder of each

county in which such real estate is situated, which said bond must be conditioned for

payment of the amounts specified in section 39-16.1-02. Such bond must be filed with

the director and is not cancelable except after ten days' written notice to the director.

Such bond constitutes a lien in favor of the state upon the real estate so scheduled of

any surety, which lien exists for the benefit of any holder of a final judgment against the

person who has filed such bond, 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, resulting from

the ownership, maintenance, use, or operation of a motor vehicle after such bond is

recorded.

2. If such judgment rendered against the principal on such bond is not satisfied within

sixty days after it has become final, the judgment creditor may, for the judgment

creditor's own use and benefit and at the judgment creditor's sole expense, bring an

action or actions in the judgment creditor's own name against the company or persons

executing such bond, including an action or proceeding to foreclose any lien that may

exist upon the real estate of a person who has executed such bond.
N.D. Cent. Code § 39-13-06 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-06
39-13-06. Authority to adopt manual on uniform traffic-control devices
Status: in_force

39-13-06. Authority to adopt manual on uniform traffic-control devices

The director shall adopt a manual and specifications for a uniform system of traffic-control

devices, consistent with the provisions of law, for use upon all highways and streets in this state.

Such uniform system must correlate with and so far as possible conform to the system set forth

in the most recent edition of the manual promulgated as a national standard by the federal

highway administrator.
N.D. Cent. Code § 39-34-03 — ND Code / Title 39 / Chapter 39-34 / Section 39-34-03
39-34-03. Transportation driver requirements
Status: in_force

39-34-03. Transportation driver requirements

1. Before permitting an individual to act as a transportation network company driver on its

digital platform, the transportation network company shall:

a. Require the individual to submit an application to the transportation network

company, which includes information regarding the individual's address, age,

driver's license, driving history, motor vehicle registration, automobile liability

insurance, and other information required by the transportation network company;

b. Conduct, or have a third party conduct, a local and national criminal background

check for each applicant that must include:

(1) Multistate and multijurisdiction criminal records locator or other similar

commercial nationwide database with validation; and

(2) National sex offender registry database; and

c. Obtain and review a driving history research report for the individual.

2. The transportation network company may not permit an individual to act as a

transportation network company driver on its digital platform who:

a. Has had more than three moving violations in the prior three-year period, or one

major violation in the prior three-year period, including attempting to evade the

police, reckless driving, or driving on a suspended or revoked license;

b. Has been convicted, within the past seven years, of driving under the influence of

drugs or alcohol, fraud, a sexual offense, use of a motor vehicle to commit a

felony, a crime involving property damage, theft, an act of violence, or an act of

terror;

c. Is a match in the national sex offender registry database;

d. Does not possess a valid driver's license;

e. Does not possess proof of registration for the motor vehicle used to provide

transportation network company services;

f. Does not possess proof of automobile liability insurance for the motor vehicle

used to provide transportation network company services; or

g. Is not at least twenty-one years of age.
N.D. Cent. Code § 39-05-17.1 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-17.1
39-05-17.1. Certificate of title to be delivered
Status: repealed

39-05-17.1. Certificate of title to be delivered

Repealed by S.L. 2005, ch. 327, § 5.
N.D. Cent. Code § 39-03.1-28 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-28
39-03.1-28. Confidentiality of records
Status: in_force

39-03.1-28. Confidentiality of records

All records relating to the retirement benefits of a member or a beneficiary under this

chapter are confidential and are not public records. The information and records may be

disclosed, under rules adopted by the board only to:

1. A person to whom the member has given written consent to have the information

disclosed.

2. A person legally representing the member, upon proper proof of representation, and

unless the member specifically withholds consent.

3. A person authorized by a court order.

4. A member's participating employer, limited to information concerning the member's

years of service credit and years of age. The board may share other types of

information as needed by the employer to validate the employer's compliance with

existing state or federal laws. Any information provided to the member's participating

employer under this subsection must remain confidential except as provided under

subsection 6.

5. The administrative staff of the retirement and investment office for purposes relating to

membership and benefits determination.

6. State or federal agencies for purposes of reporting on a service provider's provision of

services or when the employer must supply information to an agency to validate the

employer's compliance with existing state or federal laws.

7. Member interest groups approved by the board on a third-party blind list basis, limited

to information concerning the member's participation, name, and address.

8. The member's spouse or former spouse, that individual's legal representative, and the

judge presiding over the member's dissolution proceeding for purposes of aiding the

parties in drafting a qualified domestic relations order under section 39-03.1-14.2. The

information disclosed under this subsection must be limited to information necessary

for drafting the order.

9. Beneficiaries designated by a participating member or a former participating member

to receive benefits after the member's death, but only after the member's death.

Information relating to beneficiaries may be disclosed to other beneficiaries of the

same member.

10. Any person if the board determines disclosure is necessary for treatment, operational,

or payment purposes, including the completion of necessary documents.

11. The general public, but only after the board has been unable to locate the member for

a period in excess of two years, and limited to the member's name and the fact that

the board has been unable to locate the member.

12. A government child support enforcement agency for purposes of establishing paternity

or establishing, modifying, or enforcing a child support obligation of the member.

13. A person if the information relates to an employer service purchase under section

39-03.1-10.2, but the information must be limited to the member's name and employer,

the retirement program in which the member participates, the amount of service credit

purchased by the employer, and the total amount expended by the employer for that

service credit purchase, and that information may only be obtained from the member's

employer.
N.D. Cent. Code § 39-06-18 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-18
39-06-18. Substitute operator's license
Status: in_force

39-06-18. The department may change the address based on information received from any

authorized address correction service of the United States postal service. The department may

also develop procedures for receiving notification of address changes by electronic means.
N.D. Cent. Code § 39-04-48 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-48
39-04-48. Driveaway transporter registration - Application
Status: repealed

39-04-48. Driveaway transporter registration - Application

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-04-18.2 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-18.2
39-04-18.2. Temporary motor vehicle registration - Fees
Status: in_force

39-04-18.2. Temporary motor vehicle registration - Fees

1. Any owner, lessee, or operator of a motor vehicle who is employed in this state on a

temporary or full-time basis may choose to purchase a temporary registration permit in

lieu of registering the vehicle pursuant to section 39-04-18, if the vehicle displays a

valid registration and license plate from another jurisdiction and is properly insured.

Application for the temporary registration permit must be made in the manner and form

prescribed by the department. The temporary registration permit must bear a

distinctive number assigned to the vehicle and an expiration date. At all times the

operator shall ensure that the temporary registration permit is displayed and clearly

visible on the vehicle in a manner prescribed by the department. Motor vehicles

temporarily registered under this section may be registered without a title transfer or

imposition of motor vehicle excise tax. The operator shall keep evidence of registration

from the other jurisdiction in the motor vehicle and provide evidence of registration to a

law enforcement officer or the department, upon request.

2. Motor vehicles temporarily registered in this state must be furnished a permit as

follows:

a. Passenger vehicles, pickups, vans, and trucks not exceeding twenty thousand

registered gross weight pounds [9071.84 kilograms] temporarily registered in this

state must be furnished a permit upon payment of sixty dollars for six months or

one hundred twenty dollars for twelve months of required registration.

b. Trucks or combinations of trucks and trailers weighing more than twenty thousand

registered gross weight pounds [9071.84 kilograms] temporarily registered in this

state must be furnished a permit upon payment of the following fees:

Weight Six-Month Fee Twelve-Month Fee

20,001 - 42,000 $220 $440

42,001 - 62,000 $380 $760

62,001 - 82,000 $530 $1,060

82,001 - 105,500 $900 $1,800

c. Motorcycles temporarily registered in this state must be furnished a permit upon

payment of thirty dollars for six months or sixty dollars for twelve months.

d. An additional fee of ten dollars applies to each temporary registration permit.
N.D. Cent. Code § 39-04-34 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-34
39-04-34. Dealers to furnish information to registrar
Status: repealed

39-04-34. Dealers to furnish information to registrar

Repealed by S.L. 1963, ch. 285, § 14.
N.D. Cent. Code § 39-10-18 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-18
39-10-18. Following too closely
Status: in_force

39-10-18. Following too closely

1. The driver of a motor vehicle may not follow another vehicle more closely than is

reasonable and prudent, having due regard for the speed of such vehicles and the

traffic upon and the condition of the highway.

2. The driver of any truck or motor vehicle drawing another vehicle when traveling upon a

roadway outside of a business or residence district and which is following another

truck or motor vehicle drawing another vehicle shall, whenever conditions permit,

leave sufficient space so that an overtaking vehicle may enter and occupy such space

without danger, except that this does not prevent a truck or motor vehicle drawing

another vehicle from overtaking and passing any vehicle or combination of vehicles.

3. Motor vehicles being driven upon any roadway outside of a business or residence

district in a caravan or motorcade whether or not towing other vehicles must be so

operated as to allow sufficient space between each such vehicle or combination of

vehicles so as to enable any other vehicle to enter and occupy such space without

danger. This provision does not apply to funeral processions.

4. This section does not apply to the operation of a non-lead vehicle in a platoon.

5. As used in this section and section 39-10-74, "platoon" means a group of motor

vehicles using vehicle-to-vehicle communications to travel in a unified manner at close

following distances on a multilane, limited-access, divided highway.
N.D. Cent. Code § 39-01-06 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-06
39-01-06. Collecting or receiving expense money wrongfully - Civil action for recovery - Liability of bond
Status: in_force

39-01-06. Collecting or receiving expense money wrongfully - Civil action for recovery

- Liability of bond.

Any officer or employee who collects or receives any expense moneys in violation of section

39-01-05 is subject to a suit for the recovery of the funds wrongfully collected or received by that

person, and if that person's office or position is bonded by the state bonding fund, such fund

also is liable therefor.
N.D. Cent. Code § 39-10-32 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-32
39-10-32. Pedestrians to use right half of crosswalks
Status: in_force

39-10-32. Pedestrians to use right half of crosswalks

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
N.D. Cent. Code § 39-29.2-02 — ND Code / Title 39 / Chapter 39-29.2 / Section 39-29.2-02
39-29.2-02. Certificate of title for unconventional vehicle
Status: in_force

39-29.2-02. Certificate of title for unconventional vehicle

The department shall issue a certificate of title for an unconventional vehicle in accordance

with section 39-05-05.
N.D. Cent. Code § 39-24.1-03 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-03
39-24.1-03. Individuals qualified to administer chemical test and opportunity for additional test
Status: in_force

39-24.1-03. Individuals qualified to administer chemical test and opportunity for

additional test.

Only an individual medically qualified to draw blood, acting at the request of a law

enforcement officer, may withdraw blood for the purpose of determining the alcohol

concentration or presence of other drugs, or combination thereof, in the individual's blood. The

director of the state crime laboratory or the director's designee shall determine the qualifications

or credentials for being medically qualified to draw blood, and shall issue a list of approved

designations including medical doctor and registered nurse. This limitation does not apply to the

taking of a breath or urine specimen. The director of the state crime laboratory, or the director's

designee, shall electronically post a copy of the certified list of approved designations, including

medical doctor and registered nurse, with the state crime laboratory division of the attorney

general at the attorney general website and shall make the certified records required by this

section available for download in a printable format on the attorney general website. The

individual tested may have an individual of that individual's own choosing, who is medically

qualified to draw blood, administer a chemical test in addition to any administered at the

direction of a law enforcement officer with all costs of the additional chemical test to be the

responsibility of the individual charged. The failure or inability to obtain an additional chemical

test by an individual does not preclude the admission of the chemical test taken at the direction

of a law enforcement officer. Upon the request of the individual who is tested, a copy of the

operational checklist and test record of a breath sample test or analytical report of a blood or

urine sample test taken at the direction of the law enforcement officer must be made available to

that individual by the law enforcement agency that administered the chemical test.
N.D. Cent. Code § 39-06-15 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-15
39-06-15. Commissioner may appoint agents to issue licenses - Fees
Status: repealed

39-06-15. Commissioner may appoint agents to issue licenses - Fees

Repealed by S.L. 1967, ch. 292, § 21.
N.D. Cent. Code § 39-21-21 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-21
39-21-21. Use of multiple-beam road-lighting equipment
Status: in_force

39-21-21. Use of multiple-beam road-lighting equipment

Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto

during the times specified in section 39-21-01, the driver shall use a distribution of light, or

composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles

at a safe distance in advance of the vehicle, subject to the following requirements and

limitations:

1. Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred

feet [152.4 meters], such driver shall use a distribution of light, or composite beam, so

aimed that the glaring rays are not projected into the eyes of the oncoming driver. The

lowermost distribution of light, or composite beam, specified in subsection 2 of section

39-21-20 must be deemed to avoid glare at all times, regardless of road contour and

loading.

2. Whenever the driver of a vehicle follows another vehicle within three hundred feet

[91.44 meters] to the rear, the driver shall use a distribution of light permissible under

this chapter other than the uppermost distribution of light specified in subsection 1 of

section 39-21-20.
N.D. Cent. Code § 39-06-07 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-07
39-06-07. Application for operator's license
Status: in_force

39-06-07. Application for operator's license

1. An applicant for an operator's license must be made upon a form furnished by the

director.

2. An applicant must state on the application the full name, date of birth, sex, social

security number, unless the applicant is a nonimmigrant who is not eligible for a social

security number or the applicant provides an affidavit stating the applicant was not

assigned a social security number, residence and mailing address, and provide a brief

description of the applicant. By signing the application the applicant is deemed to have

certified that all information contained on the application is true and correct. The

application must be accompanied by the fee listed in section 39-06-49. The application

must contain any other information as the director may require to improve identity

security. The director may require an applicant to provide a social security card and

proof of residence address.

3. If an application is received from an individual previously licensed in another

jurisdiction, the director may request a copy of the driver's record from the other

jurisdiction. A copy of another jurisdiction's driving record becomes a part of the driving

record in this state with the same force and effect as though entered on the driving

record in this state in the original instance.
N.D. Cent. Code § 39-03-11 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-11
39-03-11. Penalty for impersonating trooper
Status: in_force

39-03-11. Penalty for impersonating trooper

Any person is guilty of a class A misdemeanor if:

1. Without authority, the person wears the badge of a member of the highway patrol, or a

badge of similar design which would tend to deceive anyone;

2. The person impersonates a member of the highway patrol or other officer or employee

of the highway patrol with intent to deceive anyone; or

3. Without authority, the person wears a uniform likely to be confused with the official

uniform of the highway patrol.
N.D. Cent. Code § 39-03-08.1 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-08.1
39-03-08.1. Contracts - Bids
Status: repealed

39-03-08.1. Contracts - Bids

Repealed by S.L. 1999, ch. 332, § 1.
N.D. Cent. Code § 39-16-34 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-34
39-16-34. Not retroactive
Status: repealed

39-16-34. Not retroactive

Repealed by omission from this code.
N.D. Cent. Code § 39-10-46 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-46
39-10-46. Overtaking and passing schoolbus
Status: in_force

39-10-46. Overtaking and passing schoolbus

1. The driver of a vehicle meeting or overtaking from either direction any schoolbus

stopped on the highway shall stop the vehicle before reaching the schoolbus when

there is in operation on the schoolbus the flashing red lights or the stop sign on the

control arm specified in section 39-21-18, and the driver may not proceed until the

schoolbus resumes motion, the driver is signaled by the schoolbus driver to proceed,

or the flashing red lights and the stop sign on the control arm are no longer actuated.

2. Every schoolbus must bear upon the front and rear thereof plainly visible signs

containing the word "SCHOOLBUS" in letters not less than eight inches [20.32

centimeters] in height. When a schoolbus is being operated upon a highway for

purposes other than the actual transportation of children either to or from school or for

a school-sanctioned activity, all markings thereon indicating "SCHOOLBUS" must be

covered or concealed.

3. The operator of a schoolbus equipped with amber caution lights may activate those

lights at a distance of not less than three hundred feet [91.44 meters] nor more than

five hundred feet [152.4 meters] from the point where schoolchildren are to be

received or discharged from the bus.

4. Every schoolbus must be equipped with a stop sign on a control arm and red visual

signals meeting the requirements of section 39-21-18, which may only be actuated by

the driver of the schoolbus whenever the vehicle is stopped on the highway to receive

or discharge schoolchildren.

5. The driver of a vehicle upon a highway with separate roadways need not stop upon

meeting or passing a schoolbus which is on a different roadway or when upon a

controlled-access highway and the schoolbus is stopped in a loading zone which is a

part of or adjacent to such highway and where pedestrians are not permitted to cross

the roadway.

6. Every schoolbus must bear on the rear of the bus a plainly visible sign containing the

words "THIS SCHOOLBUS STOPS AT ALL RAILROAD CROSSINGS".
N.D. Cent. Code § 39-10.1-11 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-11
39-10.1-11. Multipassenger bicycles
Status: in_force

39-10.1-11. Multipassenger bicycles

Unless otherwise allowed by a governmental entity having jurisdiction, a multipassenger

bicycle may not be operated on any bicycle path or multi-use path.
N.D. Cent. Code § 39-22-16 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-16
39-22-16. Application for new motor vehicle dealer license - Franchise required - Selling vehicles without a franchise - Penalty
Status: in_force

39-22-16. Application for new motor vehicle dealer license - Franchise required -

Selling vehicles without a franchise - Penalty.

1. In an application for a new motor vehicle dealer license, the applicant shall furnish

proof satisfactory to the director that the applicant has a bona fide contract or franchise

in effect with a manufacturer or distributor of the new motor vehicle or motor vehicles

in which the dealer proposes to deal. A new motor vehicle dealer license entitles the

holder to deal in both used motor vehicles and in those new motor vehicles only for

which the dealer has a bona fide contract or franchise in effect with a manufacturer or

distributor. A used motor vehicle dealer license entitles the holder to deal in used motor

vehicles only.

2. New motor vehicle dealers who have been issued surrounding communities as a part

of their dealer area of responsibility may be issued additional new motor vehicle dealer

licenses if the manufacturer provides the department written approval of additional

sites for display and sale of motor vehicles. Applicants for additional new car dealer

licenses must meet all of the requirements of this chapter.

3. If a motor vehicle dealer purchases or holds for sale a new motor vehicle for which the

dealer does not have a bona fide contract or franchise in effect with a manufacturer or

distributor, the new motor vehicle becomes, at the time of purchase or possession,

subject to the registration provisions of chapter 39-04, the title registration provisions

of chapter 39-05, and the motor vehicle excise tax provisions of chapter 57-40.3.

4. The department may assess a person violating this section a two hundred fifty dollar

fee for a first violation or a five hundred dollar fee for a second violation within two

years of the first violation. The department may suspend the license of a motor vehicle

dealer licensed under this chapter if a third or subsequent violation of this section

occurs within five years of the first violation.
N.D. Cent. Code § 39-33-07 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-07
39-33-07. Additional conditions
Status: in_force

39-33-07. Additional conditions

Before the disclosure of personal information under sections 39-33-03, 39-33-04, and

39-33-05, the department may require reasonable assurance concerning the identity of the

requesting person, the use to be only as authorized, and the consent of the person who is the

subject of the information to be obtained. These conditions may include the making and filing of

a written application in a form and containing information and certification requirements as the

department may prescribe.
N.D. Cent. Code § 39-10-41 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-41
39-10-41. Obedience to signal indicating approach of train or other on-track equipment
Status: in_force

39-10-41. Obedience to signal indicating approach of train or other on-track

equipment.

1. When a vehicle approaches a railroad grade crossing under any of the circumstances

stated in this section, the driver of the vehicle shall stop within fifty feet [15.24 meters]

but not less than fifteen feet [4.57 meters] from the nearest rail of such railroad, and

may not proceed until the driver can do so safely. These requirements apply when:

a. A clearly visible electric or mechanical signal device gives warning of the

immediate approach of a railroad train or other on-track equipment;

b. A crossing gate is lowered or when a human flagman gives or continues to give a

signal of the approach or passage of a railroad train or other on-track equipment;

c. A railroad train or other on-track equipment approaching within approximately one

thousand three hundred twenty feet [402.34 meters] of the highway crossing

emits a signal audible from such distance and such railroad train or other on-track

equipment, by reason of its speed or nearness to such crossing, is an immediate

hazard; or

d. An approaching railroad train or other on-track equipment is plainly visible and is

in hazardous proximity to such crossing.

2. A person may not drive a vehicle through, around, or under any crossing gate or

barrier at a railroad crossing while the gate or barrier is closed or is being opened or

closed. A person may not drive a vehicle past a human flagman at a railroad crossing

until the flagman signals that the way is clear to proceed.
N.D. Cent. Code § 39-16.1-20.1 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-20.1
39-16.1-20.1. Verification of liability insurance
Status: in_force

39-16.1-20.1. Verification of liability insurance

No operator's license may be returned to an individual unless that person files with the

director a verified statement confirming the person's insurance coverages as required by section
N.D. Cent. Code § 39-22-03 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-03
39-22-03. Motorcycle dealer's license - Fees
Status: repealed

39-22-03. Motorcycle dealer's license - Fees

Repealed by S.L. 1983, ch. 451, § 2.
N.D. Cent. Code § 39-10-59 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-59
39-10-59. Garbage, glass, rubbish, and injurious materials on highway prohibited
Status: in_force

39-10-59. Garbage, glass, rubbish, and injurious materials on highway prohibited

1. An individual may not deposit upon any highway any glass bottle, glass, nails, tacks,

wire, cans, rubbish, or any other litter. In addition, an individual may not deposit upon a

highway any other substance likely to injure a person, animal, or vehicle.

2. An individual who deposits, or permits to be deposited, upon a highway a destructive

or injurious material shall immediately remove or cause to be removed the material.

3. An individual removing a wrecked or damaged vehicle from a highway shall remove

any glass or other injurious substance dropped upon the highway from the vehicle.
N.D. Cent. Code § 39-06-14.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-14.1
39-06-14.1. Motorcycle operator's licenses and motorized bicycles
Status: in_force

39-06-14.1. Motorcycle operator's licenses and motorized bicycles

1. A resident of this state who is at least fourteen years of age may apply to the director

for a class M learner's permit. An individual holding a class M learner's permit for the

operation of a motorcycle may not operate the motorcycle during the hours when the

use of headlights are required under section 39-21-01 or carry or transport any

passenger. Any learner's permit may be renewed or a new permit issued for an

additional period.

2. An individual with a class M license may operate any 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 motorized bicycles and tractors.

a. The holder of a class A, B, C, or D license may receive a class M endorsement

upon successful completion of an examination. The director may waive the skill

portion of the examination if the applicant has successfully completed a

motorcycle safety course approved by the director.

b. An applicant sixteen years of age and older, who does not hold a current valid

operator's license, may be issued a class M learner's permit after successful

completion of a written examination. The class M license must be issued after the

applicant has successfully completed a driver's examination. The director may

waive the skill portion of the examination if the applicant has successfully

completed a motorcycle safety course approved by the director.

c. Applicants fourteen or fifteen years of age may be issued a motorcycle learner's

permit if the applicant is enrolled in or has completed an approved motorcycle

safety course. Applicants for a motorcycle operator's license who are under

sixteen years of age must hold an initial learner's permit for at least two months

before applying for a class M operator's license, must have completed an

approved motorcycle safety course, and must hold a valid motorcycle learner's

permit at the time of application. The director may waive the skill portion of the

examination if the applicant has successfully completed a motorcycle safety

course approved by the director. Any person under sixteen years of age who

holds a permit or license may not operate a motorcycle powered with an engine

in excess of five hundred ten cubic centimeters displacement. Evidence that the

applicant has satisfactorily completed a motorcycle safety course which meets

the minimum requirements of the motorcycle safety foundation must accompany

the application.

3. The director may issue a motorized bicycle operator's permit to an applicant who is at

least fourteen years of age. To obtain a permit, the applicant shall pay a fee as listed in

section 39-06-49 and take a written examination of the applicant's knowledge of traffic

laws and general rules of the road. If the applicant passes the written examination and

the director is satisfied that the applicant has adequate eyesight, the director may

issue the applicant a motorized bicycle operator's permit, even if the applicant does

not have an operator's license. The permit expires in the same manner as an

operator's license. A person who has an operator's license, a temporary permit, an

instruction permit, or a motorcycle permit is not required to obtain a motorized bicycle

operator's permit.
N.D. Cent. Code § 39-04.2-04 — ND Code / Title 39 / Chapter 39-04.2 / Section 39-04.2-04
39-04.2-04. Distribution of funds - Continuing appropriation
Status: in_force

39-04.2-04. Distribution of funds - Continuing appropriation

1. Moneys in the public transportation fund must be disbursed under guidelines issued by

the director. The funds must be used by transportation providers to establish and

maintain public transportation, especially for the elderly and handicapped, and may be

used to contract to provide public transportation, as matching funds to procure money

from other sources for public transportation and for other expenditures authorized by

the director. Moneys in the public transportation fund are appropriated to the

department of transportation on a continuing basis for distributions authorized under

this section.

2. Each county shall receive a base amount of four-tenths of one percent of the

appropriation for the program plus one dollar and fifty cents per capita of population in

the county, based upon the latest regular or special official federal census. Each year

the director shall increase or decrease the one dollar and fifty cents per capita amount

in order to distribute all funds appropriated for the biennium. If there are multiple

transportation providers in one county, then the base amount must be divided equally

among the providers and the additional per capita amount must be based upon the

percentage of elderly and handicapped ridership provided by each transportation

provider within the county. Funds not expended by a county during a contract period,

or previous contract periods, may be redistributed under guidelines established by the

director. In addition, unexpended funds may also be used by the director for transit

coordination purposes.
N.D. Cent. Code § 39-05-20 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-20
39-05-20. Transferee may obtain new certificate of title upon inability to obtain old certificate - Proof of ownership - Valuation on transfer - Appeal
Status: in_force

39-05-20. Transferee may obtain new certificate of title upon inability to obtain old

certificate - Proof of ownership - Valuation on transfer - Appeal.

1. When the transferee of a vehicle is unable to obtain a properly assigned certificate of

title for a vehicle, and makes application for a new certificate and presents satisfactory

proof of ownership, the department may cancel the old certificate and issue a new

certificate to the transferee, provided the department may not issue a certificate of title

for a manufactured home with respect to which there has been recorded an affidavit of

affixation under section 47-10-27. Except as otherwise provided by this subsection,

satisfactory proof of ownership must include compliance by the transferee with the

procedures outlined in title 35.

a. If the transferee is an insurer that has paid a total loss claim on a vehicle but the

payment has not satisfied all liens of record on the vehicle, the transferee is not

required to comply with the procedures outlined in title 35 to establish satisfactory

proof of ownership and the department may cancel the old certificate of title and

issue a new certificate to the insurer free and clear of all liens and claims of

ownership.

b. If the transferee is a tax exempt organization under section 501(c)(3) of the

Internal Revenue Code [26 U.S.C. 501(c)(3)] to which a vehicle has been

donated, the transferee shall provide an affidavit providing proof the vehicle was

donated.

c. If the transferee is a licensed motor vehicle dealer that, at the request of an

insurer, took possession of a vehicle that is the subject of an insurance claim but

for which a total loss claim is not paid by the insurer and the vehicle has been in

the possession of the dealer for more than thirty days, the necessary satisfactory

proof of ownership includes only proof the dealer made at least two written

attempts by certified mail with return receipt addressed to the owner of record

and any known lienholder to have the vehicle removed from the dealer's facility,

upon payment of applicable charges. If satisfactory proof of ownership is

established, the department may cancel the old certificate of title and issue a new

certificate to the licensed motor vehicle dealer free and clear of all liens and

claims of ownership.

d. If the transferee is a person and the vehicle is less than forty years old at the time

of the application, satisfactory proof of ownership must include that the transferee

has paid for the vehicle, and that the transferee made at least two written

attempts by certified mail with return receipt addressed to the owner of record

and any known lienholder to obtain the certificate of title. If satisfactory proof of

ownership is established, the department shall cancel the old certificate of title

and issue a new certificate to the person, subject to any existing lien.

e. If the transferee is a person and the vehicle is more than forty years old at the

time of the application, satisfactory proof of ownership is established by a bill of

sale or affidavit of ownership. An affidavit of ownership created by the department

under this section must have the option for an applicant to provide a vehicle

purchase price. If satisfactory proof of ownership is established, the department

shall cancel the old certificate of title and issue a new certificate to the person,

subject to any existing lien. When valuing a vehicle transferred under this

subdivision, the department shall use the sale price on the bill of sale if a bill of

sale is presented. The department may only request an appraisal of the vehicle if

a bill of sale is not presented to the department. A transfer under this subdivision

is exempt from subsection 1 of section 39-04-36.

2. The department may establish procedures for determining satisfactory proof of

ownership of a vehicle in those cases when the department is unable to determine the

legal owner of record. The procedures may include determining the validity of any liens

on a certificate of title. Any person aggrieved by a decision of the department as to

ownership of a vehicle may appeal that decision to the district court under chapter

28-32.

3. A person holding a certificate of title whose interests in the vehicle have been

extinguished or transferred other than by voluntary transfer shall mail or deliver the

certificate to the department upon request of the department. The delivery of the

certificate pursuant to the request of the department does not affect the rights of the

person surrendering the certificate. The action of the department in issuing a new

certificate of title as provided herein is not conclusive upon the rights of the owner or

lienholder listed in the old certificate.

4. If the department can verify the ownership of a vehicle and the vehicle has a vehicle

identification number, the vehicle may be transferred under this section regardless of

the condition of the vehicle.
N.D. Cent. Code § 39-21-23 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-23
39-21-23. Lighting equipment on motor-driven cycles
Status: repealed

39-21-23. Lighting equipment on motor-driven cycles

Repealed by S.L. 1979, ch. 431, § 37.
N.D. Cent. Code § 39-06-11 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-11
39-06-11. Cancellation of minor's license or permit upon request
Status: in_force

39-06-11. Cancellation of minor's license or permit upon request

An individual who has signed the application of a minor for a license may file with the

director a verified written request to cancel the operator's license of the minor. Upon receipt of

the request, the director shall cancel the operator's license of the minor and the individual who

signed the application of the minor is relieved from the liability imposed under this chapter by

reason of having signed the application on account of any subsequent negligence of the minor

in operating a motor vehicle.
N.D. Cent. Code § 39-05-09 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-09
39-05-09. Issuance, contents, delivery, and term of certificate
Status: in_force

39-05-09. Issuance, contents, delivery, and term of certificate

1. After checking the application for a certificate as provided in section 39-05-08 and

except as provided in subsection 4, the department, if it is satisfied that the applicant is

the person entitled to the possession of the vehicle, shall issue a certificate of title in

paper or electronic form, which must contain:

a. The name of the owner.

b. The vehicle identification number.

c. The signature of the director.

d. The date issued.

e. A description of the vehicle as determined by the department.

f. A statement of the owner's title and of all liens or encumbrances upon the vehicle

therein described and whether possession is held by the owner or lienholder.

2. Forms must be made available on the reverse side of the paper version or

electronically for the assignment of title or interest and warranty thereof by the owner

with a space for the notation of liens and encumbrances upon such vehicle at the time

of a transfer.

3. The amount of any lien or encumbrance upon the vehicle need not be shown

anywhere on the certificate of title, only the fact of such lien or encumbrance, and the

identity of the lienholder or encumbrancer. The department shall deliver the certificate

of title to the owner or first lienholder. The certificate is good for the life of the vehicle

as long as the vehicle is owned or held by the original holder of the certificate.

4. The department may not issue a certificate of title for a manufactured home with

respect to which there has been recorded an affidavit of affixation under section

47-10-27.

5. The holder of a manufacturer's certificate of origin to a manufactured home may

deliver it to a person to facilitate conveying or encumbering the manufactured home. A

person receiving a manufacturer's certificate of origin so delivered holds the certificate

in trust for the person delivering the certificate.

6. Notwithstanding any other provision of law, a certificate of title issued by the

department for a manufactured home is prima facie evidence of the facts appearing on

the certificate, notwithstanding that the manufactured home, at any time, becomes

affixed in any manner to real property.
N.D. Cent. Code § 39-02-01 — ND Code / Title 39 / Chapter 39-02 / Section 39-02-01
39-02-01. Registrar of motor vehicles - Appointment - Term - Removal - Oath - Bond
Status: repealed

39-02-01. Registrar of motor vehicles - Appointment - Term - Removal - Oath - Bond

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 39-22.1-02 — ND Code / Title 39 / Chapter 39-22.1 / Section 39-22.1-02
39-22.1-02. Bond required
Status: in_force

39-22.1-02. Bond required

Before the issuance of or the renewal of a trailer dealer's license, as provided by law, the

applicant for the license shall furnish a continuous surety bond executed by the applicant as

principal and executed by a surety company licensed and qualified to do business within the

state of North Dakota, which must be in the amount of ten thousand dollars, and be conditioned

upon the faithful compliance by the applicant as a dealer, if the license be issued to the

applicant, that the dealer will comply with all the laws of this state pertaining to the business,

and regulating or being applicable to the business of the dealer as a dealer in trailers, and

indemnifying any person dealing or transacting business with the dealer in connection with any

trailer from any loss or damage occasioned by the failure of the dealer to comply with the laws

of this state, including the furnishing of a proper and valid certificate of title to the vendee of a

trailer within fifteen days of the sale of the trailer, and that the bond shall be filed with the

director before the issuance of the license. However, the aggregate liability of the surety to all

persons for all losses or damages may not exceed the amount of the bond. Any third party

sustaining injury within the terms of the bond may proceed against the principal and surety

without making the state a party to any proceedings. Any applicant bonded under chapter 39-18

or 39-22 may not be required to furnish the surety bond provided for in this section if the bond

issued under chapter 39-18 or 39-22 is written to include the requirements of this section. The

bond may be canceled by the surety, as to future liability, by giving written notice by certified

mail, addressed to the principal at the address stated in the bond, and to the department. Thirty

days after the mailing of the notice, the bond is null and void as to any liability arising after that

thirty days. The surety remains liable, subject to the terms, conditions, and provisions of the

bond, until the effective date of the cancellation.
N.D. Cent. Code § 39-06.1-11 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-11
39-06.1-11. Temporary restricted license - Ignition interlock device
Status: in_force

39-06.1-11. Temporary restricted license - Ignition interlock device

1. Except as provided under subsection 2 or 3, if the director has suspended a license

under section 39-06.1-10 or has extended a suspension or revocation under section

39-06-43, upon receiving written application from the offender affected, the director

may for good cause issue a temporary restricted operator's license valid for the

remainder of the suspension period after seven days of the suspension period have

passed.

2. If the director has suspended a license under chapter 39-20, or after a violation of

section 39-08-01 or equivalent ordinance, upon written application of the offender the

director may issue a temporary restricted license that takes effect after thirty days of

the suspension have been served after a first offense under section 39-08-01 or

chapter 39-20, but if the offender is participating in the twenty-four seven sobriety

program under chapter 54-12, the director shall issue a temporary restricted license

that takes effect after fourteen days of the suspension have been served if the driver is

not subject to any unrelated suspension or revocation.

3. For any suspension or revocation imposed under the law, the director shall issue a

temporary restricted license if the offender is participating in and compliant with the

twenty-four seven sobriety program under chapter 54-12 or if the offender has not

committed an offense for a period of one year before the date of the filing of a written

application. The application must be accompanied by:

a. Proof of financial responsibility and a report from an appropriate licensed

addiction treatment program and, if prescribed, proof of compliance with

attendance rules in an appropriate licensed addiction treatment program; or

b. If the offender is participating in the twenty-four seven sobriety program, proof of

program participation.

4. For a temporary restricted license under subsection 3, the director may conduct a

hearing for the purposes of obtaining information, reports, and evaluations from courts,

law enforcement, and citizens to determine the offender's conduct and driving behavior

during the prerequisite period of time. The director may require an ignition interlock

device be installed in the offender's vehicle and may require the applicant to submit

proof of attendance at a driver training course approved by the director. The director

may impose additional conditions as reasonably necessary to ensure compliance.

5. The director may not issue a temporary restricted license for a period of license

revocation or suspension imposed under section 39-06-31. A temporary restricted

license may be issued for suspensions ordered under subsection 7 of section

39-06-32 if it could have been issued had the suspension resulted from in-state

conduct.

6. a. In addition to any restrictions authorized under section 39-06-17, the director may

impose any of the following conditions upon the use of a temporary restricted

license issued under this section for the use of a motor vehicle by the offender:

(1) To use during the licensee's normal working hours;

(2) To use for attendance at an appropriate licensed addiction treatment

program or a treatment program ordered by a court; or

(3) To use as necessary to prevent the substantial deprivation of the

educational, medical, or nutritional needs of the offender or an immediate

family member of the offender.

b. Violation of a restriction imposed according to this section is deemed a violation

of section 39-06-17.

c. This section does not limit the director's authority to cancel a temporary restricted

license for good cause.

7. If an offender has been charged with, or convicted of, a second or subsequent

violation of section 39-08-01 or equivalent ordinance, or if the offender's license is

subject to suspension under chapter 39-20 and the offender's operator's license is not

subject to an unrelated suspension or revocation in this state, the director shall issue a

temporary restricted license to the offender upon the restriction the offender participate

in the twenty-four seven sobriety program under chapter 54-12. The offender shall

submit an application to the director for a temporary restricted license along with

submission of proof of financial responsibility and proof of participation in the

twenty-four seven sobriety program to receive a temporary restricted license.

8. If the director denies a temporary restricted license under this section, or denies a

request for a hearing under subsection 4, the applicant may appeal within thirty days

after the date of the decision by filing a notice of appeal in the district court in the

county where the applicant resides and by serving the notice of appeal on the director.

On appeal the district court shall review the application and may authorize

presentation of additional evidence.

9. If an offender is participating in an approved treatment court program, the court may

order issuance of a temporary restricted license. Upon application by the offender, the

director shall issue a temporary restricted license to the participant subject to

conditions specified by the court.

a. The application must be accompanied by proof of financial responsibility, the

court's order, and the designated reinstatement fee.

b. For purposes of this subsection, "approved treatment court program" means a

district court-supervised treatment program approved by the supreme court.

10. An individual who has a temporary restricted driver's license and commits a moving

traffic violation is subject to the fee specified for the violation, plus an additional fee of

one hundred dollars.

11. The director shall revoke an individual's temporary restricted license if the individual

commits three moving traffic violations after being issued the temporary restricted

license. A revocation under this subsection may only last a period of thirty days.
N.D. Cent. Code § 39-20-14 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-14
39-20-14. Screening tests
Status: in_force

39-20-14. Screening tests

1. Any individual who operates a motor vehicle upon the public highways of this state is

deemed to have given consent to submit to an onsite screening test or tests of the

individual's breath for the purpose of estimating the alcohol concentration in the

individual's breath upon the request of a law enforcement officer who has reason to

believe that the individual committed a moving traffic violation or a violation under

section 39-08-01 or an equivalent offense, or was involved in a traffic accident as a

driver, and in conjunction with the violation or the accident the officer has, through the

officer's observations, formulated an opinion that the individual's body contains

alcohol.

2. An individual may not be required to submit to a screening test or tests of breath while

at a hospital as a patient if the medical practitioner in immediate charge of the

individual's case is not first notified of the proposal to make the requirement, or objects

to the test or tests on the ground that such would be prejudicial to the proper care or

treatment of the patient.

3. The screening test or tests must be performed by an enforcement officer certified as a

chemical test operator by the director of the state crime laboratory or the director's

designee and according to methods and with devices approved by the director of the

state crime laboratory or the director's designee. The results of such screening test

must be used only for determining whether or not a further test shall be given under

the provisions of section 39-20-01. The officer shall inform the individual that North

Dakota law requires the individual to take the screening test to determine whether the

individual is under the influence of alcohol and that refusal of the individual to submit to

a screening test may result in a revocation for at least one hundred eighty days and up

to three years of that individual's driving privileges. If such individual refuses to submit

to such screening test or tests, none may be given, but such refusal is admissible in a

court proceeding if the individual was arrested in violation of section 39-08-01 and did

not take any additional chemical tests requested by the law enforcement officer. Such

refusal is sufficient cause to revoke such individual's license or permit to drive in the

same manner as provided in section 39-20-04, and a hearing as provided in section

39-20-05 and a judicial review as provided in section 39-20-06 must be available.

4. The director must not revoke an individual's driving privileges for refusing to submit to

a screening test requested under this section if the individual provides a sufficient

breath, blood, or urine sample for a chemical test requested under section 39-20-01

for the same incident.

5. No provisions of this section may supersede any provisions of chapter 39-20, nor may

any provision of chapter 39-20 be construed to supersede this section except as

provided herein.

6. For the purposes of this section, "chemical test operator" means an individual certified

by the director of the state crime laboratory or the director's designee as qualified to

perform analysis for alcohol in an individual's blood, breath, or urine.
N.D. Cent. Code § 39-31-05 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-05
39-31-05. Household goods carriers - Transportation of commodities
Status: repealed

39-31-05. Household goods carriers - Transportation of commodities

Repealed by S.L. 2015, ch. 277, § 8.
N.D. Cent. Code § 39-27-20 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-20
39-27-20. Footrests
Status: in_force

39-27-20. Footrests

Footrests must be provided for each designated seating position. Each footrest for a

passenger must be so designed and constructed to support a static weight of two hundred fifty

pounds [113.40 kilograms] applied at the center of the foot pedal. Footrests must be so located

to provide reasonable accessibility for the passenger's feet. Footrests must fold rearward or

upward when not in use if the footrest protrudes beyond the width of the handlebars.
N.D. Cent. Code § 39-06.2-12 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-12
39-06.2-12. Notification of traffic convictions
Status: in_force

39-06.2-12. Notification of traffic convictions

Within ten days after receiving a report of the conviction of any nondomiciled holder of a

commercial driver's license for any violation of state or local ordinance relating to motor vehicle

traffic control, other than parking violations, committed in a commercial motor vehicle, the

director shall notify the driver's licensing authority in the licensing state of the conviction.
N.D. Cent. Code § 39-12-05.1 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-05.1
39-12-05.1. Weight limitations for vehicles on designated highways
Status: repealed

39-12-05.1. Weight limitations for vehicles on designated highways

Repealed by S.L. 1983, ch. 441, § 3.
N.D. Cent. Code § 39-27-02 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-02
39-27-02. Manufacturer's or distributor's certification
Status: in_force

39-27-02. Manufacturer's or distributor's certification

1. The manufacturer or distributor shall provide a certification of the fact that a motorcycle

or class of motorcycles is designed and manufactured for use upon public highways

and complies with the performance and equipment requirements of this chapter and

the rules and regulations promulgated hereunder.

2. The certificate must be incorporated on the manufacturer's statement of origin upon

transfer of vehicle ownership.
N.D. Cent. Code § 39-22.3-09 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-09
39-22.3-09. Powers of the director
Status: in_force

39-22.3-09. Powers of the director

In addition to other powers provided by law, the director in conformity with this chapter:

1. May cancel, revoke, or suspend a dealer's license as provided for in this chapter;

2. May prescribe rules not inconsistent with this chapter governing the application for

dealer's licenses and the cancellation or suspension or revocation of a dealer's

license; and

3. May employ and pay persons necessary to inspect dealers in this state, investigate

dealers for the information of the director, and procure evidence in connection with any

prosecution or other action to suspend, revoke, or cancel a dealer's license in relation

to any matter in which the director has any duty to perform.
N.D. Cent. Code § 39-06-37 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-37
39-06-37. Duration of multiple suspensions and revocations for separate violations
Status: in_force

39-06-37. Duration of multiple suspensions and revocations for separate violations

1. A suspension, revocation, or cancellation ordered under this title must be deemed to

have commenced when the order is delivered to the licensee at the address of record

in the department under section 39-06-20. Constructive delivery under this section

must be considered as occurring forty-eight hours after the order is mailed to the

person by regular mail.

2. Unless otherwise specifically provided in this title, any suspension, revocation,

cancellation, or denial of licensing ordered under this title must be in addition to, and

run consecutive to, any other or existing suspension, revocation, cancellation, or

denial of licensing ordered for a separate violation.
N.D. Cent. Code § 39-21-52 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-52
39-21-52. Exemption for certain street rod, collector, or special interest motor vehicles
Status: in_force

39-21-52. Exemption for certain street rod, collector, or special interest motor

vehicles.

The provisions of this chapter or chapter 37-12-02 of the North Dakota Administrative Code

relating to bumpers, tires, and fenders do not apply to street rod, collector, or special interest

motor vehicles. However, a street rod, collector, or special interest vehicle must have all

equipment, in operating condition, which was specifically required by law as a condition for its

sale when it was first manufactured. For purposes of this section "street rod, collector, or special

interest vehicle" means a modernized motor vehicle which was manufactured by a recognized

manufacturer and which retains the general appearance and original body configuration as

manufactured or a motor vehicle designed and manufactured to resemble such a motor vehicle,

which is at least forty years old. A street rod, collector, or special interest vehicle may have

improved modifications to the body, chassis, engine, brakes, power train, steering, and

suspension systems either by modifying the original equipment or replacing original parts with

fabricated parts or those taken from other existing vehicles. The director may adopt rules to

implement this section.
N.D. Cent. Code § 39-04-09 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-09
39-04-09. Director may design and issue number plates
Status: in_force

39-04-09. Director may design and issue number plates

The director may design and issue plates of distinctly different color for each classification of

motor vehicle, and there must at all times be a marked contrast between the background color

of the plates and that of the numerals and letters on the plates. License plates must be acquired

from the North Dakota state penitentiary if the penitentiary has the facilities to manufacture

license plates. The director shall make a general issue during the biennium beginning July 1,

2013, and ending June 30, 2015, and continuing into the biennium beginning July 1, 2015, and

ending June 30, 2017.
N.D. Cent. Code § 39-04-10.12 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.12
39-04-10.12. North Dakota future farmers of America foundation number plates
Status: in_force

39-04-10.12. North Dakota future farmers of America foundation number plates

The director shall design a decorative decal that contains the insignia of the North Dakota

FFA foundation to be placed on a distinctive number plate. On payment of all other fees required

under this chapter for registration of the motor vehicle and payment of an additional fee of ten

dollars, the applicant is entitled to issuance of the decals and plates. However, the director may

not issue the decals and plates to the owner of a passenger motor vehicle or a truck the

registered gross weight of which exceeds twenty thousand pounds [9071.84 kilograms].
N.D. Cent. Code § 39-08-01.2 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-01.2
39-08-01.2. Special punishment for causing injury or death while operating a vehicle while under the influence of alcohol or any other drugs or substances - Penalty
Status: in_force

39-08-01.2. Special punishment for causing injury or death while operating a vehicle

while under the influence of alcohol or any other drugs or substances - Penalty.

1. An individual is guilty of criminal vehicular homicide if the individual commits an

offense under section 39-08-01 or equivalent ordinance and as a result the individual

causes a death of another individual to occur, including the death of an unborn child,

unless the individual who causes the death of the unborn child is the mother. A

violation of this subsection is a class A felony. If an individual commits a violation under

this subsection, the court shall impose at least three years' imprisonment. If the

individual violates this section after having been previously convicted of a violation of

section 39-08-01 or 39-08-03, or equivalent ordinance, the court shall impose at least

ten years' imprisonment. An individual may not be prosecuted and found guilty of this

and an offense under chapter 12.1-16 if the conduct arises out of the same incident.

2. An individual is guilty of criminal vehicular injury if the individual violates section

39-08-01 or an equivalent ordinance and as a result that individual causes substantial

bodily or serious bodily injury to another individual. Violation of this subsection is a

class B felony. If an individual violates this subsection, the court shall impose at least

one year and one day's imprisonment. If the individual violates this section after having

been previously convicted of a violation of section 39-08-01 or 39-08-03 or an

equivalent ordinance, the court shall impose at least two years' imprisonment.

3. The sentence under this section may not be suspended unless the court finds that

manifest injustice would result from the imposition of the sentence. Before a sentence

under this section applies, a defendant must be notified of the minimum mandatory

sentence. The elements of an offense under this section are the elements of an

offense for a violation of section 39-08-01 and the additional elements that create an

offense in each subsection of this section. Whether an individual caused death or

substantial or serious bodily injury must be determined in accordance with section

12.1-02-05.
N.D. Cent. Code § 39-06.2-07 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-07
39-06.2-07. Commercial driver's license qualification standards
Status: in_force

39-06.2-07. Commercial driver's license qualification standards

1. An individual may not be issued a commercial driver's license unless that individual is

a resident of this state; has passed a knowledge and skills test that may include a

skills test or knowledge test administered by another state or skills test or knowledge

test results electronically submitted by another state, for driving a commercial motor

vehicle which complies with minimum federal standards established by federal

regulations enumerated in 49 CFR part 383, subparts G and H; and has satisfied all

other requirements of state and federal law, including the Commercial Motor Vehicle

Safety Act. The tests must be prescribed and conducted by the director. The applicant

shall pay the fee listed in section 39-06.2-19 for each of the tests.

2. The director may authorize third-party testing, if:

a. The test is the same as that which would otherwise be administered by this state;

and

b. The third party has entered an agreement with this state which complies with

requirements of 49 CFR part 383.75.

3. The director may waive the skills test specified in this section for a commercial driver's

license applicant who meets the requirements of 49 CFR part 383.77.

4. A commercial driver's license or commercial learner's permit may not be issued to an

individual while the individual is subject to a disqualification from driving a commercial

motor vehicle or while the individual's driver's license is suspended, revoked, or

canceled in any state. A commercial driver's license may not be issued to an individual

who has a commercial driver's license issued by any other state unless the individual

first surrenders all licenses from other states. The director shall notify the issuing state

of the surrender of the license.

5. An individual who has been a resident of this state for thirty days may not drive a

commercial motor vehicle under the authority of a commercial driver's license issued

by another jurisdiction.

6. a. A commercial learner's permit may be issued to an individual who holds a valid

class D operator's license who has passed the vision and written tests required

for an equivalent commercial driver's license.

b. The commercial learner's permit may not be issued for a period to exceed

one year. After this initial period, the director may issue a letter of authority that

authorizes the applicant to drive to a driver's license office, complete the road

test, and return home, or the individual may retake the knowledge test and be

issued another commercial learner's permit valid for one year. The holder of a

permit, unless otherwise disqualified, may drive a commercial motor vehicle only

when accompanied by the holder of a commercial driver's license valid for the

type of vehicle driven who occupies a seat beside the individual for the purpose

of giving instruction in driving the commercial motor vehicle. A holder of a permit

is not eligible for a license until that individual has had the permit issued for at

least fourteen days.

7. A commercial learner's permitholder may not operate a commercial motor vehicle:

a. Transporting passengers requiring a passenger endorsement;

b. Transporting passengers requiring a schoolbus endorsement;

c. Requiring a tank vehicle endorsement unless the tank is empty and does not

contain residue of hazardous materials; or

d. Transporting hazardous materials, regardless of need for hazardous materials

endorsement.
N.D. Cent. Code § 39-21-13 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-13
39-21-13. Lamp or flag on projecting load
Status: in_force

39-21-13. Lamp or flag on projecting load

Whenever the load upon any vehicle extends to the rear four feet [121.92 centimeters] or

more beyond the bed or body of the vehicle there must be displayed at the extreme rear end of

the load, at the times specified in section 39-21-01, a red light or lantern plainly visible from a

distance of at least six hundred feet [182.88 meters] to the sides and rear. The red light or

lantern required under this section must be in addition to the red rear light required upon every

vehicle. At any other time there must be displayed at the extreme rear end of a load a red flag or

cloth not less than twelve inches [30.48 centimeters] square and so hung that the entire area is

visible to the driver of a vehicle approaching from the rear.
N.D. Cent. Code § 39-24.1-11 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-11
39-24.1-11. Liability
Status: in_force

39-24.1-11. 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 the act

except for gross negligence.
N.D. Cent. Code § 39-10-42 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-42
39-10-42. All vehicles must stop at certain railroad grade crossings
Status: in_force

39-10-42. All vehicles must stop at certain railroad grade crossings

The department of transportation and local authorities, with respect to highways under their

respective jurisdiction, are hereby authorized to designate particularly dangerous highway grade

crossings of railroads and to erect stop signs thereat. When such stop signs are erected, the

driver of any vehicle shall stop within fifty feet [15.24 meters] but not less than fifteen feet [4.57

meters] from the nearest rail of such railroad and shall proceed only upon exercising due care.
N.D. Cent. Code § 39-10.1-01 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-01
39-10.1-01. Effect of chapter - Penalty for violation
Status: in_force

39-10.1-01. Effect of chapter - Penalty for violation

1. It is unlawful for any person to do any act forbidden or fail to perform any act required

in this chapter. Except as provided in section 39-10.1-10, a person who violates any of

the provisions of this chapter may be assessed a fee not to exceed five dollars.

2. The parent of any child and the guardian of any ward may not authorize or knowingly

permit any such child or ward to violate any of the provisions of this chapter.

3. These provisions applicable to bicycles apply whenever a bicycle is operated upon any

highway or upon any path set aside for the exclusive use of bicycles subject to those

exceptions stated herein.
N.D. Cent. Code § 39-16-21 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-21
39-16-21. Notice of proposed cancellation of policy by insurer
Status: repealed

39-16-21. Notice of proposed cancellation of policy by insurer

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-29-08 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-08
39-29-08. Rules
Status: in_force

39-29-08. Rules

1. The department shall adopt rules for the registration of off-highway vehicles and

display of registration numbers.

2. The director, in the interest of public health, welfare, and safety, may regulate, by rule,

the operation of off-highway vehicles on state highways. The director's authority to

prohibit the use of off-highway vehicles is limited to the roadways, shoulders, inslopes,

and medians within the right of way, except where such action is necessary to avoid an

obstacle. Notwithstanding the racing prohibitions in section 39-08-03.1, the director

may, on a case-by-case basis, permit organized and bona fide off-highway vehicle

races on the ditch bottoms, backslopes, and the top of the backslopes of the state

highway rights of way. The planning, organization, route selection, and safety

precautions of any race are the sole responsibility of the person obtaining the permit.

The director, the department, and the department's employees do not incur any liability

for permitting races.

3. The director of the parks and recreation department shall adopt rules to regulate use

of off-highway vehicles in state parks and other state-owned land under the

supervision of the director of the parks and recreation department.

4. The governing bodies of political subdivisions may adopt rules to regulate use of

off-highway vehicles in areas under their jurisdiction. The governing body of a city or

county may, by ordinance, regulate, restrict, and prohibit the use of off-highway

vehicles operated in the city limits or within the county in areas under the exclusive

jurisdiction of the city or county.
N.D. Cent. Code § 39-06-21 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-21
39-06-21. Filing application records
Status: in_force

39-06-21. Filing application records

The director shall file and maintain each application for a license with suitable indexes

containing:

1. All applications denied and on each denied application note the reason for the denial;

2. All applications granted; and

3. The name of every licensee whose operator's license has been suspended, revoked,

canceled, or restricted by the department and after each name state the reasons for

such actions.
N.D. Cent. Code § 39-04.2-01 — ND Code / Title 39 / Chapter 39-04.2 / Section 39-04.2-01
39-04.2-01. Definitions
Status: in_force

39-04.2-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Public transportation" means the vehicular transportation of persons from place to

place within this state, but does not include the provision of transportation facilities

otherwise provided by public funds, such as roads, streets, highways, bridges, lighting

equipment, or signs.

2. "Ridership" means a one-way trip provided to any one person in a motorized vehicle

designed to carry eight or more persons in an enclosed area with separate seating for

each person.

3. "Transportation provider" means a political subdivision, tribal agency, or any nonprofit

corporation that provides transportation to the public, especially to elderly and

handicapped citizens.
N.D. Cent. Code § 39-04-09.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-09.1
39-04-09.1. Commemorative Lewis and Clark number plates
Status: repealed

39-04-09.1. Commemorative Lewis and Clark number plates

Repealed by S.L. 2015, ch. 260, § 1.
N.D. Cent. Code § 39-10.2-03 — ND Code / Title 39 / Chapter 39-10.2 / Section 39-10.2-03
39-10.2-03. Operating motorcycles on roadways laned for traffic
Status: in_force

39-10.2-03. Operating motorcycles on roadways laned for traffic

1. All motorcycles are entitled to full use of a lane and no motor vehicle may be driven in

such a manner as to deprive any motorcycle of the full use of a lane. This subsection

does not apply to the operation of motorcycles two abreast in a single lane as

authorized in subsection 4.

2. The operator of a motorcycle may not overtake and pass in the same lane occupied by

the vehicle being overtaken.

3. No person may operate a motorcycle between lanes of traffic or between adjacent

lines or rows of vehicles.

4. Motorcycles may not be operated more than two abreast in a single lane.

5. Subsections 2 and 3 do not apply to police officers in the performance of their official

duties.
N.D. Cent. Code § 39-10-66 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-66
39-10-66. Vehicle approaching a yield right of way sign
Status: repealed

39-10-66. Vehicle approaching a yield right of way sign

Repealed by S.L. 1963, ch. 283, § 20.
N.D. Cent. Code § 39-20-06 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-06
39-20-06. Judicial review
Status: in_force

39-20-06. Judicial review

Any person whose operator's license or privilege has been suspended, revoked, or denied

by the decision of the hearing officer under section 39-20-05 may appeal within seven days after

the date of the hearing under section 39-20-05 as shown by the date of the hearing officer's

decision, section 28-32-42 notwithstanding, by serving on the director and filing a notice of

appeal and specifications of error in the district court in the county where the events occurred

for which the demand for a test was made, or in the county in which the administrative hearing

was held. The court shall set the matter for hearing, and the petitioner shall give twenty days'

notice of the hearing to the director and to the hearing officer who rendered the decision.

Neither the director nor the court may stay the decision pending decision on appeal. Within

twenty days after receipt of the notice of appeal, the director or the hearing officer who rendered

the decision shall file in the office of the clerk of court to which the appeal is taken a certified

transcript of the testimony and all other proceedings. It is the record on which the appeal must

be determined. No additional evidence may be heard. The court shall affirm the decision of the

director or hearing officer unless it finds the evidence insufficient to warrant the conclusion

reached by the director or hearing officer. The court may direct that the matter be returned to the

director or hearing officer for rehearing and the presentation of additional evidence.
N.D. Cent. Code § 39-07-01 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-01
39-07-01. Bicycle or ridden animal to be deemed vehicle
Status: in_force

39-07-01. Bicycle or ridden animal to be deemed vehicle

1. Except as provided in subsection 2, for the purposes of chapters 39-08 through 39-13,

a bicycle or a ridden animal must be deemed a vehicle.

2. For purposes of section 39-08-01, a bicycle or ridden animal may not be deemed a

vehicle.
N.D. Cent. Code § 39-27-17 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-17
39-27-17. Lighting equipment
Status: in_force

39-27-17. Lighting equipment

1. A motorcycle must be equipped with lamps, reflective devices, and associated

equipment as required by and in compliance with standards adopted by rule of the

director.

2. A gearbox indicator light, if provided, must be located within the operator's field of

vision.

3. A headlamp beam indicator light must be located within the operator's field of vision

and illuminated automatically when the high beam of the headlamp is actuated.

4. A motorcycle must be equipped with at least one taillamp in accordance with section

39-21-04.

5. A motorcycle must be equipped with a stop lamp in accordance with subsection 1 of

section 39-21-19.
N.D. Cent. Code § 39-16.1-06 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-06
39-16.1-06. Installment payments
Status: in_force

39-16.1-06. Installment payments

1. A judgment debtor upon due notice to the judgment creditor may apply to the court in

which such judgment was rendered for the privilege of paying such judgment in

installments and the court, in its discretion and without prejudice to any other legal

remedies which the judgment creditor may have, may so order and fix the amounts

and times of payment of the installments.

2. The director may not suspend a license, or a nonresident's operating privilege,

suspended following nonpayment of a judgment, when the judgment debtor gives

proof of financial responsibility and obtains such an order permitting the payment of

such judgment in installments, and while the payment of any said installment is not in

default.

3. In the event the judgment debtor fails to pay any installment as specified by such

order, then upon notice of such default, the director shall forthwith suspend the license,

or nonresident's operating privilege of the judgment debtor until such judgment is

satisfied as provided in this chapter.
N.D. Cent. Code § 39-08-01.4 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-01.4
39-08-01.4. Driving while under the influence of alcohol or any other drugs or substances while being accompanied by a minor - Penalty
Status: in_force

39-08-01.4. Driving while under the influence of alcohol or any other drugs or

substances while being accompanied by a minor - Penalty.

1. It is a class A misdemeanor for an individual who is at least twenty-one years of age to

violate section 39-08-01 if the violation occurred while a minor was accompanying the

individual in a motor vehicle. If an individual has a previous conviction for a violation of

section 39-08-01.4, a violation of this section is a class C felony.

2. The minimum sentence for an individual convicted of violating this section must

include:

a. For a first offense, a fine of seven hundred fifty dollars, at least two days'

imprisonment, an order for a substance abuse evaluation by an appropriate

licensed addiction treatment program, at least three hundred sixty days of

unsupervised probation, and at least three hundred sixty days' participation in the

twenty-four seven sobriety program under chapter 54-12 as a mandatory

condition of probation.

b. For a second or subsequent offense within fifteen years, at least one year and

one day's imprisonment, a fine of two thousand dollars, an order for a substance

abuse evaluation by an appropriate licensed addiction treatment program, at least

two years' supervised probation, and at least three hundred sixty days'

participation in the twenty-four seven sobriety program under chapter 54-12 as a

mandatory condition of probation.
N.D. Cent. Code § 39-03.1-11.2 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-11.2
39-03.1-11.2. Internal Revenue Code compliance
Status: in_force

39-03.1-11.2. Internal Revenue Code compliance

The board shall administer the plan in compliance with the following sections of the Internal

Revenue Code, as amended, as it applies for governmental plans.

1. Section 415, including the defined benefit dollar limitation under section 415(b)(1)(A) of

the Internal Revenue Code.

a. The defined benefit dollar limitation under section 415(b)(1)(A) of the Internal

Revenue Code, as approved by the legislative assembly, must be adjusted under

section 415(d) of the Internal Revenue Code, effective January first of each year

following a regular legislative session. The adjustment of the defined benefit

dollar limitation under section 415(d) applies to participating members who have

had a separation from employment, but that member's benefit payments may not

reflect the adjusted limit prior to January first of the calendar year in which the

adjustment applies.

b. If a participating member's benefit is increased by plan amendment after the

commencement of benefit payments, the member's annual benefit may not

exceed the defined benefit dollar limitation under section 415(b)(1)(A) of the

Internal Revenue Code, as adjusted under section 415(d) for the calendar year in

which the increased benefit is payable.

c. If a participating member is, or ever has been, a participant in another defined

benefit plan maintained by the employer, the sum of the participant's annual

benefits from all the plans may not exceed the defined benefit dollar limitation

under section 415(b)(1)(A) of the Internal Revenue Code. If the participating

member's employer-provided benefits under all such defined benefit plans would

exceed the defined benefit dollar limitation, the benefit must be reduced to

comply with section 415 of the Internal Revenue Code. This reduction must be

made pro rata between the plans, in proportion to the participating member's

service in each plan.

2. The minimum distribution rules under section 401(a)(9) of the Internal Revenue Code,

including the incidental death benefit requirements under section 401(a)(9)(G), and the

regulations issued under that provision to the extent applicable to governmental plans.

Accordingly, benefits must be distributed or begin to be distributed no later than a

member's required beginning date, and the required minimum distribution rules

override any inconsistent provision of this chapter. For a member who attains age

seventy and one-half before January 1, 2020, the member's required beginning date is

April first of the calendar year following the later of the calendar year in which the

member attains age seventy and one-half or terminates employment. For a member

who attains age seventy and one-half after December 31, 2019, the member's

required beginning date is April first of the calendar year following the later of the

calendar year in which the member attains age seventy-two or terminates

employment.

3. The annual compensation limitation under section 401(a)(17) of the Internal Revenue

Code, as adjusted for cost-of-living increases under section 401(a)(17)(B).

4. The rollover rules under section 401(a)(31) of the Internal Revenue Code. Accordingly,

a distributee may elect to have an eligible rollover distribution, as defined in

section 402(c)(4) of the Internal Revenue Code, paid in a direct rollover to an eligible

retirement plan, as defined in section 402(c)(8)(B) of the Internal Revenue Code,

specified by the distributee. For purposes of this section, "distributee" includes a

beneficiary, other than a spouse, of a deceased member, provided however, in the

case of a beneficiary other than a spouse, the direct rollover may be made only to an

individual retirement account or individual retirement annuity described in section 408

or 408A of the Internal Revenue Code which is established on behalf of the beneficiary

and will be treated as an inherited individual retirement account or individual retirement

annuity under section 402(c)(11) of the Internal Revenue Code.

5. If the plan of retirement benefits set forth in this chapter is terminated or discontinued,

the rights of all affected participating members to accrued retirement benefits under

this chapter as of the date of termination or discontinuance is nonforfeitable, to the

extent then funded.
N.D. Cent. Code § 39-10-34 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-34
39-10-34. Pedestrian soliciting ride or business
Status: in_force

39-10-34. Pedestrian soliciting ride or business

1. No person may stand in a roadway for the purpose of soliciting a ride.

2. No person may stand in a roadway for the purpose of soliciting employment, business,

or contributions from the occupant of any vehicle.

3. No person may stand on or in proximity to a street or highway for the purpose of

soliciting the watching or guarding of any vehicle while parked or about to be parked

on a street or highway.
N.D. Cent. Code § 39-12-15 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-15
39-12-15. Mailing complaint
Status: in_force

39-12-15. Mailing complaint

A copy of the complaint must be served upon the driver or person in charge of the vehicle

and a copy must be sent by registered or certified mail to the owner of the vehicle, if the address

of such owner is known.
N.D. Cent. Code § 39-21-44.2 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-44.2
39-21-44.2. Drawbar or connection between vehicles - Precautions required
Status: in_force

39-21-44.2. Drawbar or connection between vehicles - Precautions required

The drawbar or other coupling device between vehicles, one of which is towing or drawing

the other on a highway, must include safety chains connecting the vehicles. The drawbar or

other coupling device, and the safety chains, must be of a design, strength, and construction so

as to prevent the unintentional uncoupling of the vehicles. The safety chain requirement of this

section does not apply to:

1. A fifth-wheel coupling device; or

2. A vehicle towing an implement of husbandry or an implement of husbandry towing a

vehicle, when operated at a speed not exceeding twenty-five miles [40.23 kilometers]

per hour.
N.D. Cent. Code § 39-24.1-13 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-13
39-24.1-13. Fleeing or attempting to elude a peace officer
Status: in_force

39-24.1-13. Fleeing or attempting to elude a peace officer

1. Any driver of a snowmobile who willfully fails or refuses to bring the snowmobile to a

stop, or who otherwise flees or attempts to elude, in any manner, a pursuing police

vehicle or peace officer, when given a visual or audible signal to bring the snowmobile

to a stop, is guilty of a class B misdemeanor for a first or second offense and a class A

misdemeanor for a subsequent offense. A signal complies with this section if the signal

is perceptible to the driver and:

a. If given from a vehicle, the signal is given by hand, voice, emergency light, or

siren, and the stopping vehicle is appropriately marked showing it to be an official

police vehicle; or

b. If not given from a vehicle, the signal is given by hand, voice, emergency light, or

siren, and the officer is in uniform or prominently displays the officer's badge of

office.

2. Any sentence imposed under this section must include a minimum fine of at least five

hundred dollars.
N.D. Cent. Code § 39-22-18 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-18
39-22-18. Renewal of dealer license - Fees - Minimum sales requirement - Penalty
Status: in_force

39-22-18. Renewal of dealer license - Fees - Minimum sales requirement - Penalty

A dealer license issued under this chapter expires on December thirty-first of each year. A

licensed dealer may apply for renewal of the dealer's license on forms prescribed by the

department and payment of the dealer license and dealer plate fees required by this chapter.

The department may not renew the dealer license of any applicant who has made less than

eight retail motor vehicle sales during the previous year. The department may adopt

administrative rules to limit the number of dealer plates available to an applicant based on the

applicant's motor vehicle sales history. Any dealer who fails to submit a renewal application

before the expiration of the dealer's current license, in addition to all other fees due, shall pay a

one hundred dollar fee at the time the dealer's license is renewed. For purposes of this section,

"retail motor vehicle sales" means the sale of a motor vehicle that requires titling and

registration in order to operate on the roads.
N.D. Cent. Code § 39-10-38 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-38
39-10-38. Turning movements and required signals
Status: in_force

39-10-38. Turning movements and required signals

1. No person may turn a vehicle, move right or left upon a roadway, or merge into or from

traffic unless and until such movement can be made with reasonable safety without

giving an appropriate signal in the manner hereinafter provided.

2. A signal of intention to turn, move right or left, or merge into or from traffic must be

given continuously during not less than the last one hundred feet [30.48 meters]

traveled by the vehicle before turning, moving right or left, or changing lanes.

3. No person may stop or suddenly decrease the speed of a vehicle without first giving

an appropriate signal in the manner provided herein to the driver of any vehicle

immediately to the rear when there is opportunity to give such signal.

4. The signals required on vehicles by subsection 2 of section 39-10-39 may not be

flashed on one side only on a disabled vehicle, flashed as a courtesy or "do pass"

signal to operators of other vehicles approaching from the rear, nor be flashed on one

side only of a parked vehicle except as may be necessary for compliance with this

section.
N.D. Cent. Code § 39-10.1-07.1 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-07.1
39-10.1-07.1. Motorized bicycle - Age of operator
Status: repealed

39-10.1-07.1. Motorized bicycle - Age of operator

Repealed by S.L. 1983, ch. 414, § 6.
N.D. Cent. Code § 39-06.2-13 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-13
39-06.2-13. Driving record information to be furnished
Status: repealed

39-06.2-13. Driving record information to be furnished

Repealed by S.L. 1991, ch. 421, § 1.
N.D. Cent. Code § 39-10-22 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-22
39-10-22. Vehicle approaching or entering intersection
Status: in_force

39-10-22. Vehicle approaching or entering intersection

1. If a vehicle approaches or enters an intersection that does not have an official

traffic-control device and another vehicle approaches or enters from a different

highway at approximately the same time, the driver of the vehicle on the left shall yield

the right of way to the vehicle on the right. If the intersection is T-shaped and does not

have an official traffic-control device, the driver of the vehicle on the terminating street

or highway shall yield to the vehicle on the continuing street or highway.

2. If a vehicle approaches an intersection that has traffic-control signals that usually

exhibit different colored lights and the signals are not lit, the driver of the vehicle shall

stop and yield as required under subsection 2 of section 39-10-24.

3. The right-of-way rule declared in this section is modified at through highways and

otherwise as stated in this chapter.
N.D. Cent. Code § 39-29.2-06 — ND Code / Title 39 / Chapter 39-29.2 / Section 39-29.2-06
39-29.2-06. Manufacturer's or distributor's certification
Status: in_force

39-29.2-06. Manufacturer's or distributor's certification

1. The manufacturer or distributor shall certify that an unconventional vehicle is designed

and manufactured for use upon public highways and complies with the rules adopted

under this chapter. An individual who manufactures an unconventional vehicle for

personal use does not have to meet the certification requirements of this section, but

shall comply with the rules adopted under this chapter.

2. The certificate must be incorporated on the manufacturer's statement of origin upon

transfer of vehicle ownership.
N.D. Cent. Code § 39-06.1-08 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-08
39-06.1-08. Nonmoving violation defined
Status: in_force

39-06.1-08. Nonmoving violation defined

For the purposes of section 39-06.1-06, a "nonmoving violation" means:

1. A violation of section 39-04-02.1, subsection 6 of section 39-04-37, subsection 4 of

section 39-06-17, and section 39-06-20, 39-06-44, 39-06-45, 39-10-47, 39-10-49,

39-10-50, 39-10-54.1, 39-21-08, 39-21-10, 39-21-11, or 39-21-14, or a violation of any

municipal ordinance equivalent to the foregoing sections.

2. A violation, discovered at a time when the vehicle is not actually being operated, of

section 39-21-03, 39-21-05, 39-21-13, 39-21-19, 39-21-32, 39-21-37, 39-21-39, or

39-21-44.2, or a violation of any municipal ordinance equivalent to the foregoing

sections.
N.D. Cent. Code § 39-06-24 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-24
39-06-24. Authority to cancel licenses
Status: in_force

39-06-24. Authority to cancel licenses

1. The director shall cancel any operator's license or nondriver photo identification card

upon determining that the individual is not entitled to the issuance of the document or

that the individual failed to give the required or correct information on the application or

the fee was invalid. Invalid fees include being in the form of an insufficient fund or

no-account check or a credit or debit card in which the transaction was canceled by

the applicant before the department received correct payment. The making of a false

statement in any application for an operator's license or nondriver photo identification

card, concerning the applicant's age or the prior loss of driving privileges through a

cancellation, suspension, revocation, or similar sanction in any state, is grounds for the

director to cancel any document or privilege issued on the basis of the application.

2. Upon cancellation, the holder shall surrender the nondriver photo identification card to

the director or any police officer may take custody of the card.
N.D. Cent. Code § 39-16-25 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-25
39-16-25. Employment or family connection in lieu of proof of financial responsibility
Status: repealed

39-16-25. Employment or family connection in lieu of proof of financial responsibility

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-03.1-15 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-15
39-03.1-15. Disability retirement
Status: repealed

39-03.1-15. Disability retirement

Repealed by S.L. 1981, ch. 380, § 8.
N.D. Cent. Code § 39-16-01 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-01
39-16-01. Definitions
Status: in_force

39-16-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Commissioner" or "director" means the director of the department of transportation of

this state as provided by section 24-02-01.3, acting directly or through authorized

agents.

2. "Driver" means every person who is in actual physical control of a motor vehicle

whether or not licensed as a driver under the laws of this state.

3. "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.

4. "License" means any license, temporary instruction permit, or temporary license

issued under the law of this state pertaining to the licensing of persons to operate

motor vehicles.

5. "Motor vehicle" includes every self-propelled vehicle, including trailers and semitrailers

designed for use with these vehicles. The term does not include special mobile

equipment or an electric bicycle.

6. "Nonresident" means every person who is not a resident of this state.

7. "Nonresident's operating privilege" means the privilege conferred upon a nonresident

by the laws of this state pertaining to the operation in this state by that person of a

motor vehicle, or the use of a motor vehicle owned by that person.

8. "Owner" means a person who holds the legal title of a motor vehicle, or in the event a

motor vehicle is the subject of an agreement for the conditional sale or lease thereof

with the right of purchase upon performance of the condition stated in the agreement

and with an immediate right of possession vested in the conditional vendee or lessee,

or in the event a mortgagor of a vehicle is entitled to possession, then such conditional

vendee or lessee or mortgagor must be deemed the owner for the purposes of this

chapter.

9. "State" means any state, territory, or possession of the United States, the District of

Columbia, or any province of the Dominion of Canada.
N.D. Cent. Code § 39-10-71 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-71
39-10-71. Fleeing or attempting to elude a peace officer - Penalty
Status: in_force

39-10-71. Fleeing or attempting to elude a peace officer - Penalty

1. A driver of a motor vehicle who willfully fails or refuses to bring the vehicle to a stop, or

who otherwise flees or attempts to elude, in any manner, a pursuing police vehicle or

peace officer, when given a visual or audible signal to bring the vehicle to a stop, is

guilty of a:

a. Class A misdemeanor for a first offense and a class C felony for a subsequent

offense within three years;

b. Class C felony if the driver violates this section while willfully fleeing during or

after the commission of a felony; or

c. Class C felony if, at any time during the flight or pursuit, the driver willfully

operates the vehicle in a manner constituting an inherent risk of death or serious

bodily injury to a third person.

2. A signal complies with this section if the signal is perceptible to the driver and:

a. If given from a vehicle, the signal is given by hand, voice, emergency light, or

siren, and the stopping vehicle is appropriately marked showing it to be an official

police vehicle; or

b. If not given from a vehicle, the signal is given by hand, voice, emergency light, or

siren, and the officer is in uniform or prominently displays the officer's badge of

office.