N.D. Cent. Code § 39-04-39.2 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-39.2
39-04-39.2. Refunds of registration fees
Status: in_force

39-04-39.2. Refunds of registration fees

No refunds of registration fees may be made, except when the vehicle has been improperly

registered or when the vehicle has been destroyed.
N.D. Cent. Code § 39-12-07 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-07
39-12-07. Peace officers may weigh vehicle to determine load - Decreasing gross weight of vehicle
Status: in_force

39-12-07. Peace officers may weigh vehicle to determine load - Decreasing gross

weight of vehicle.

Every police officer, including members of the state highway patrol, having reason to believe

that the weight of a vehicle and the load carried thereon is unlawful, may weigh such vehicle

and load or have the same weighed either by means of portable or stationary scales, and for

that purpose the officer may require the vehicle to be driven to the nearest scales. Such officer

may require the driver of such vehicle immediately to unload such portion of the load as may be

necessary to decrease the gross weight to the maximum allowed by the provisions of this

chapter.
N.D. Cent. Code § 39-03.1-09 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-09
39-03.1-09. Payments by contributors - Employer payment of employee contribution
Status: in_force

39-03.1-09. Payments by contributors - Employer payment of employee contribution

1. Every member, except as provided in section 39-03.1-07, shall contribute into the fund

ten and thirty-hundredths percent of the member's monthly salary, which sum must be

deducted from the member's salary and credited to the member's account in the fund.

Member contributions increase by one percent of the member's monthly salary

beginning with the monthly reporting period of January 2012; with an additional

increase of one percent, beginning with the monthly reporting period of January 2013;

with an additional increase of one percent, beginning with the monthly reporting period

of January 2014; with an additional increase of one-half of one percent, beginning with

the monthly reporting period of January 2022; with an additional increase of one-half of

one percent, beginning with the monthly reporting period of January 2023; with an

additional increase of one-half of one percent, beginning with the monthly reporting

period of January 2024; and with an additional increase of one-half of one percent,

beginning with the monthly reporting period of January 2025.

2. The state of North Dakota, at its option, may pay the member contributions required by

subsection 1 for all compensation earned after June 30, 1983, and may pay the

member contributions required to purchase service credit on a pretax basis pursuant

to subsection 8 of section 39-03.1-08.2. The amount paid must be paid by the state in

lieu of contributions by the member. A member may not receive the contributed

amounts directly once the employer has elected to pay the member contributions. If

the state decides not to pay the contributions, the amount that would have been paid

will continue to be deducted from compensation. If contributions are paid by the state,

they must be treated as employer contributions in determining tax treatment under this

code and the federal Internal Revenue Code. If contributions are paid by the state,

they must not be included as gross income of the member in determining tax treatment

under this code and the Internal Revenue Code until they are distributed or made

available. The state shall pay these member contributions from the same source of

funds used in paying compensation to the members. The state shall pay these

contributions by effecting an equal cash reduction in the gross salary of the employee

or by an offset against future salary increases or by a combination of a reduction in

gross salary and offset against future salary increases. If member contributions are

paid by the state, they must be treated for the purposes of this chapter in the same

manner and to the same extent as member contributions made prior to the date the

contributions were assumed by the state. The option given employers by this

subsection must be exercised in accordance with rules adopted by the board.

3. For compensation earned after August 1, 2009, all employee contributions required

under subsection 1, and not otherwise paid under subsection 2, must be paid by the

state in lieu of contributions by the member. All contributions paid by the state under

this subsection must be treated as employer contributions in determining tax treatment

under this code and the federal Internal Revenue Code. Contributions paid by the

state under this subsection may not be included as gross income of the member in

determining tax treatment under this code and the Internal Revenue Code until the

contributions are distributed or made available. Contributions paid by the state in

accordance with this subsection must be treated for the purposes of this chapter in the

same manner and to the same extent as member contributions made before the date

the contributions were assumed by the state. The state shall pay these member

contributions from the same source of funds used in paying compensation to the

members. The state shall pay these contributions by effecting an equal cash reduction

in the gross salary of the employee. The state shall continue making payments under

this section unless otherwise specifically provided for under the agency's biennial

appropriation or by law.
N.D. Cent. Code § 39-10-54.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-54.1
39-10-54.1. Opening and closing vehicle door
Status: in_force

39-10-54.1. Opening and closing vehicle door

No person may open the door of a motor vehicle on the side available to moving traffic

unless and until it is reasonably safe to do so and can be done without interfering with the

movement of other traffic, nor may any person leave a door open on the side of a vehicle

available to moving traffic for a period of time longer than necessary to load or unload

passengers.
N.D. Cent. Code § 39-05-09.2 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-09.2
39-05-09.2. Suspension or revocation of certificates of title
Status: in_force

39-05-09.2. Suspension or revocation of certificates of title

1. The department shall suspend or revoke a certificate of title, upon notice and

reasonable opportunity to be heard in accordance with chapter 28-32, when

authorized by any other provision of law or if it finds:

a. The certificate of title was fraudulently procured or erroneously issued;

b. The vehicle has been scrapped, dismantled, or destroyed; or

c. A person has acquired a vehicle but has failed to transfer the ownership as

required by this chapter.

2. For purposes of this section, the following apply:

a. Suspension or revocation of a certificate of title does not, in itself, affect the

validity of a security interest noted on it.

b. When the department suspends or revokes a certificate of title, the owner or

person in possession of it shall immediately upon receiving notice of the

suspension or revocation, mail or deliver the certificate to the department.

c. The department may seize and impound any certificate of title which has been

suspended or revoked.

3. Except as provided in subsection 2 of section 39-05-35, the department may not

suspend or revoke a certificate of title to a manufactured home by reason of the fact

that at any time the manufactured home becomes affixed in any manner to real

property.
N.D. Cent. Code § 39-05-12 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-12
39-05-12. Registration card to be carried in or on vehicle - Inspection of card - Penalty
Status: repealed

39-05-12. Registration card to be carried in or on vehicle - Inspection of card -

Penalty.

Repealed by S.L. 1973, ch. 295, § 2.
N.D. Cent. Code § 39-10-53 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-53
39-10-53. Riding on motorcycles
Status: repealed

39-10-53. Riding on motorcycles

Repealed by S.L. 1975, ch. 348, § 17.
N.D. Cent. Code § 39-04-10.16 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.16
39-04-10.16. Special vehicle license plates for volunteer emergency responders, volunteer firefighters, and volunteer search and rescue personnel
Status: in_force

39-04-10.16. Special vehicle license plates for volunteer emergency responders,

volunteer firefighters, and volunteer search and rescue personnel.

1. As used in this section:

a. "Fire department" means a certified city fire department, certified rural fire

department, or certified fire protection district that has filed a certificate of

existence under section 18-04-02.

b. "Volunteer emergency responder" means an emergency medical services

provider certified by the department of health and human services and the

individual's squad leader for a continuous period exceeding two years and who

receives an annual compensation of less than ten thousand dollars.

c. "Volunteer firefighter" means an active member in good standing with a North

Dakota fire department who has had a continuous membership for a period

exceeding two years and receives an annual compensation of less than

ten thousand dollars from the fire department.

d. "Volunteer search and rescue personnel" includes water and dive rescue

personnel and means an active member:

(1) Of an organization that at the request of a state entity, political subdivision,

or volunteer fire department deploys, coordinates, and uses available

resources and personnel in locating, relieving the distress of, preserving the

life of, or extracting an individual who is missing, trapped, or lost in remote

areas or waters of the state;

(2) In good standing and with continuous membership for a period exceeding

two years with an organization under paragraph 1; and

(3) Who receives an annual compensation of less than ten thousand dollars

from an organization under paragraph 1.

2. Upon application, the director shall issue red personalized plates to volunteer

emergency responders, volunteer firefighters, and volunteer search and rescue

personnel at no initial or annual cost to the volunteers. Qualified applicants are eligible

to receive one set of plates. Plates may not be displayed on a vehicle with a registered

gross weight exceeding twenty thousand pounds [9071.85 kilograms]. The first three

digits of the plate are the last three digits of the zip code where the volunteer's

department or organization is located. The remaining space may contain up to three

characters of the volunteer's choosing. This plate serves as an entrance pass to all

North Dakota state parks. In cooperation with the volunteer organizations, the director

shall designate qualifications and verification procedures for the plates issued under

this section.

3. On termination of the registrant's eligibility, the registrant shall return the plates to the

director, who shall reissue for a fee of not more than five dollars, and upon payment of

applicable registration fees, another number plate to which that registrant is entitled

under this chapter.

4. If a registrant fails to return the plates to the director, the director, upon notification of

the registrant's ineligibility, may revoke the plates and reissue for a fee of not more

than five dollars, and upon payment of applicable registration fees, another number

plate for which the registrant is entitled under this chapter.
N.D. Cent. Code § 39-06-34.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-34.1
39-06-34.1. Court may require re-examination
Status: in_force

39-06-34.1. Court may require re-examination

In addition to any other powers, the court, upon finding of a moving motor vehicle violation

which leads the court to believe an individual with an operator's license is not qualified for the

operator's license, may direct the director to require the individual to submit to re-examination

under section 39-06-13. Written notice of at least five days must be given to the individual by the

director of the re-examination. Upon the conclusion of the examination, the director shall take

action as may be appropriate and may suspend or revoke the license of the individual or permit

the individual to retain the operator's license, or may issue a license subject to restrictions as

permitted under section 39-06-17. The director may suspend or revoke the operator's license of

the individual for refusal or neglect of the individual to submit to the examination.
N.D. Cent. Code § 39-10-39 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-39
39-10-39. Signals by hand and arm or signal lamps
Status: in_force

39-10-39. Signals by hand and arm or signal lamps

1. Any stop or turn signal when required herein must be given either by means of the

hand and arm or by signal lamps, except as otherwise provided in subsection 2.

2. Any motor vehicle in use on a highway must be equipped with, and required signals

must be given by, signal lamps when the distance from the center of the top of the

steering post to the left outside limit of the body, cab, or load of such motor vehicle

exceeds twenty-four inches [60.96 centimeters], or when the distance from the center

of the top of the steering post to the rear limit of the body or load thereof exceeds

fourteen feet [4.27 meters]. The latter measurement applies to any single vehicle and

to any combination of vehicles.
N.D. Cent. Code § 39-34-03.1 — ND Code / Title 39 / Chapter 39-34 / Section 39-34-03.1
39-34-03.1. Transportation network company driver - Independent contractor
Status: in_force

39-34-03.1. Transportation network company driver - Independent contractor

1. As used in this section:

a. "Transportation network company" means a person that:

(1) Maintains a digital network to facilitate services by transportation network

company drivers to a person seeking those services; and

(2) Accepts requests from the public only through the organization's digital

network and not by telephone, facsimile, or in person at a retail location.

b. "Transportation network company driver" does not include a person transporting

freight, sealed or closed envelopes, boxes, parcels, or other similar sealed or

closed containers for compensation. The term means a person that:

(1) Enters a written agreement with a transportation network company to use

the transportation network company's digital network to connect with an

individual seeking services offered by the transportation network company

driver;

(2) Performs services for a person through a transportation network company's

digital network in exchange for compensation or payment; and

(3) Does not perform services at a physical business location operated by the

transportation network company in the state.

2. A transportation network company driver is an independent contractor and not an

employee of a transportation network company if the transportation network company:

a. Enters an agreement with the transportation network company driver that the

transportation network company driver is an independent contractor and not an

employee of the transportation network company.

b. Does not unilaterally prescribe specific hours during which the transportation

network company driver must be available to accept service requests submitted

through the transportation network company's digital network.

c. Does not prohibit the transportation network company driver from engaging in

outside employment or performing services through other transportation network

companies except while the transportation network company driver is engaged in

performing services through the transportation network company's digital

network.

d. May not terminate the contract of the transportation network company driver for a

driver's refusal to accept a specific transportation service or delivery service

request.

e. Does not prohibit the transportation network company driver from using a vehicle

with an internal combustion engine.
N.D. Cent. Code § 39-29.2-01 — ND Code / Title 39 / Chapter 39-29.2 / Section 39-29.2-01
39-29.2-01. Definitions
Status: in_force

39-29.2-01. Definitions

As used in this chapter unless the context otherwise requires:

1. "Identifying number" means the vehicle identification numbers and letters if any

assigned by the manufacturer or by the department for the purpose of identifying a

vehicle. The term includes any numbers or letters assigned by the manufacturer for the

purpose of identifying a part of a vehicle or any number placed on a part in accordance

with this chapter or rules of the department for the purpose of identifying the vehicle.

2. "Unconventional vehicle" means a motor vehicle that is designed to travel on at least

three wheels in contact with the ground, has an unladen weight of at least three

hundred pounds [136.08 kilograms] but less than eight thousand pounds [3628.7

kilograms], has a permanent upright seat that does not require the operator to straddle

or sit astride it, has a steering device for front wheel steering control, is capable of

speeds in excess of sixty-five miles [104.61 kilometers] per hour, complies with

equipment listed in chapter 39-21 or 39-27, as appropriate, and has an identifying

number. The term does not include motor vehicles that otherwise may be registered

under this title.
N.D. Cent. Code § 39-08-20.2 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-20.2
39-08-20.2. Special mobile equipment and liability insurance - Report - Penalty
Status: in_force

39-08-20.2. Special mobile equipment and liability insurance - Report - Penalty

Special mobile equipment is not subject to the requirement of a motor vehicle liability policy

under section 39-08-20. However, special mobile equipment must be covered under a liability

policy. Failure to provide satisfactory evidence of liability coverage required under this section

within ten days after a police officer has requested evidence of liability coverage is an infraction

punishable solely by a fine of one hundred fifty dollars for a first violation and is an infraction

punishable solely by a fine of three hundred dollars for a second or subsequent violation in three

years. A municipal court or district court shall make a report of a violation of this section to the

secretary of state for any special mobile equipment owned or operated by a contractor licensed

under chapter 43-07.
N.D. Cent. Code § 39-05-04 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-04
39-05-04. Certificate of title required before vehicle can be operated on highway - Penalty
Status: repealed

39-05-04. Certificate of title required before vehicle can be operated on highway -

Penalty.

Repealed by S.L. 1959, ch. 289, § 16.
N.D. Cent. Code § 39-03.1-07 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-07
39-03.1-07. Membership
Status: in_force

39-03.1-07. Membership

Except as otherwise provided, each member of the patrol, including the superintendent and

assistant superintendent, shall contribute to the fund, and is eligible to nominate and vote for

members of the board. Personnel of the truck regulatory division of the state highway

department transferred to the highway patrol after July 1, 1983, are not required to contribute to

the fund. They are members of the public employees retirement system and social security

system.
N.D. Cent. Code § 39-03.1-11 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-11
39-03.1-11. Retirement benefit
Status: in_force

39-03.1-11. Retirement benefit

Each contributor whose employment with the highway patrol has been terminated may

apply to the board for retirement benefits according to this section and rules adopted by the

board consistent with this chapter. The following procedures apply:

1. A contributor is entitled to credit for permanent employment or its equivalent from the

date eligibility is attained until normal or postponed retirement date, as described in

subsection 3.

2. Retirement benefits are based on the contributor's final average salary. Final average

salary is the average of the highest salary received by the contributor for any thirty-six

months employed during the last one hundred twenty months of employment. For

contributors who terminate employment on or after August 1, 2010, final average

salary is the average of the highest salary received by the contributor for any thirty-six

months employed during the last one hundred eighty months of employment. For

contributors who terminate employment between July 31, 2005, and August 1, 2010,

final average salary is the average of the highest salary received by the member for

any thirty-six months employed during the period for which the board has appropriate

and accurate salary records on its electronic database, but that period may not be

more than the last one hundred eighty months of employment. For members who

terminate employment after December 31, 2019, final average salary is the higher of

the final average salary calculated on December 31, 2019, or the average salary

earned in the three highest periods of twelve consecutive months employed during the

last one hundred eighty months of employment. Months without earnings are excluded

for the purpose of computing an average. If the contributor has worked for less than

thirty-six months at the postponed retirement date, the final average salary is the

average salary for all months of employment.

3. Retirement dates are as follows:

a. Early retirement date is the first day of the month next following the month in

which the contributor attains the age of fifty years and has completed at least ten

years of eligible employment.

b. Normal retirement date is:

(1) The first day of the month next following the month in which the contributor

attains the age of fifty-five years and has completed at least ten years of

eligible employment; or

(2) When the contributor has a combined total of years of service credit and

years of age equal to eighty and has not received a retirement benefit under

this chapter.

c. Postponed retirement date is the first day of the month next following the month

in which the contributor attains the age of sixty years.

d. Disability retirement date is the first day of the month after a contributor becomes

permanently and totally disabled, according to medical evidence called for under

the rules of the board, and has completed at least one hundred eighty days of

employment.

4. The board shall calculate retirement benefits as follows:

a. Normal retirement benefits for all contributors reaching the normal retirement date

are payable monthly, and are:

(1) The first twenty-five years of credited service multiplied by three and sixty

hundredths percent of final average salary.

(2) All years in excess of twenty-five years of credited service multiplied by one

and three-fourths percent of final average salary.

(3) All contributors who retired before August 1, 2001, or their beneficiaries, are

entitled to receive benefits equal to three and sixty hundredths percent of

final average salary multiplied by the first twenty-five years of credited

service, plus one and three-fourths percent of final average salary multiplied

by credited service in excess of twenty-five years, with the increased

benefits payable beginning August 1, 2001.

b. Early retirement benefits are normal retirement benefits accrued to the date of

termination of employment, but actuarially reduced to account for benefit

payments beginning before the normal retirement date.

c. Postponed retirement benefits, for all contributors reaching the postponed

retirement date, are calculated in the same manner as normal retirement benefits.

d. Disability retirement benefits are payable monthly and are:

(1) Seventy percent of the contributor's final average salary, reduced by any

workforce safety and insurance benefits paid. The minimum monthly

disability retirement benefit under this subsection is one hundred dollars.

(2) An individual or that person's beneficiary who, on July 31, 2001, is receiving

a disability retirement benefit is entitled to receive an increase in benefits

equal to six percent of the individual's present benefits, with the increase

payable beginning August 1, 2001.

5. On termination of employment after completing ten years of eligible employment but

before the normal retirement date, a contributor who does not elect to receive early

retirement benefits is eligible to receive deferred vested retirement benefits. The

deferred benefits are payable beginning on the contributor's normal retirement date in

one of the forms provided in this section. Contributors who have delayed or

inadvertently failed to apply for retirement benefits to commence on their normal

retirement date may choose to receive either a lump sum payment equal to the

amount of missed payments, or an actuarial increase to the form of benefit the

member has selected, which increase must reflect the missed payments. The final

average salary used for calculating deferred vested retirement benefits must be

increased annually, from the later of the date of termination of employment or July 1,

1991, until the date the contributor begins to receive retirement benefits from the fund,

at a rate as determined by the board not to exceed a rate that would be approximately

equal to annual salary increases provided state employees pursuant to action by the

legislative assembly.

6. If before retiring a contributor dies after completing ten years of eligible employment,

the board shall pay the contributor's accumulated deductions to the contributor's

designated beneficiary as provided in this subsection. If the contributor has designated

an alternate beneficiary with the surviving spouse's written consent, the board shall

pay the contributor's account balance to the named beneficiary. If the contributor has

named more than one primary beneficiary, the board shall pay the contributor's

account balance to the named primary beneficiaries in the percentages designated by

the contributor or, if the contributor has not designated a percentage for the

beneficiaries, in equal percentages. If one or more of the primary beneficiaries has

predeceased the contributor, the board shall pay the predeceased beneficiary's share

to the remaining primary beneficiaries. If there are no remaining primary beneficiaries,

the board shall pay the contributor's account balance to the contingent beneficiaries in

the same manner. If there are no remaining designated beneficiaries, the board shall

pay the contributor's account balance to the contributor's estate. If the contributor has

not designated an alternate beneficiary under this section or the surviving spouse is

the beneficiary, the surviving spouse of the contributor may select one of the following

optional forms of payment:

a. A lump sum payment of the contributor's accumulated deductions as of the date

of death.

b. Payment of a monthly retirement benefit equal to fifty percent of the deceased

contributor's accrued normal retirement benefits until the spouse dies.

7. If a contributor not eligible for the benefits of subsection 6 terminates employment for

any reason before retirement, the contributor or the contributor's designated

beneficiary is entitled to the contributor's accumulated deductions at termination.

8. The surviving spouse of a member receiving retirement benefits must be the member's

primary beneficiary unless there is no surviving spouse or the surviving spouse

designates an alternate beneficiary in writing. If a contributor receiving retirement

benefits, or a contributor's surviving spouse receiving retirement benefits, dies before

the total amount of benefits paid to them equals the amount of the contributor's

accumulated deductions at retirement, the difference must be paid to the named

beneficiary of the recipient or, if there is no named beneficiary, to the recipient's estate.

9. The board shall adopt rules providing for the receipt of retirement benefits in the

following optional forms:

a. An actuarially equivalent joint and survivor one hundred percent option.

b. An actuarially equivalent life with ten-year or twenty-year certain options.

c. An actuarially equivalent partial lump sum distribution option with a twelve-month

maximum lump sum distribution.

d. An actuarially equivalent graduated benefit option with either a one percent or two

percent increase to be applied the first day of January of each year.

Unless a contributor requests that the contributor receive benefits according to one of

these options at the time of applying for retirement, all retirement benefits must be in

the form of a lifetime monthly pension, with a fifty percent option to the surviving

spouse.
N.D. Cent. Code § 39-27-06 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-06
39-27-06. Steering and suspension systems
Status: in_force

39-27-06. Steering and suspension systems

1. Motorcycle steering and suspension systems must be designed and engineered to

provide the operator with the means of safely controlling vehicle direction under all

maneuvers required for normal and safe operation.

2. The rear wheel of a two-wheel motorcycle must track behind the front wheel within one

inch [2.54 centimeters] with both wheels in a vertical plane when the vehicle is

operating on a straight course. On a three-wheel motorcycle, the midpoint of the front

or rear wheel track distance must be within one inch [2.54 centimeters] of the single

front or single rear wheel track when the vehicle is proceeding on a straight course.

The vehicle must be equipped with an adjustment feature that will provide proper

wheel tracking.

3. The steering head must be provided with a bearing or similar device that will allow the

steering shaft to turn freely in rotational motion only.

4. All motorcycles, except three-wheel motorcycles, must meet the following

specifications in relationship to front wheel geometry:

MAXIMUM: Rake: 45 degrees - Trail: 14 inches

[35.56 centimeters] positive

MINIMUM: Rake: 20 degrees - Trail: 2 inches

[5.08 centimeters] positive

Manufacturer's specifications must include the specific rake and trail for each

motorcycle or class of motorcycles and the terms "rake" and "trail" must be defined by

the director by rules adopted pursuant to chapter 28-32.

5. Handlebars must be of sturdy construction, adequate in size to provide proper

leverage for steering, and capable of withstanding a minimum force of one hundred

pounds [45.36 kilograms] applied to each handgrip in any direction. Handlebar grips

may not be located above the shoulder height of the seated operator. The handlebars

must provide a minimum of eighteen inches [45.72 centimeters] between grip after

final assembly.

6. Handlebars must be equipped with handgrips consisting of a material and surface

pattern to ensure firm, nonslip gripping for the driver.

7. Every motorcycle must be equipped with a suspension system and such suspension

system must be applicable to at least the front wheel. The suspension system must be

effective in reducing road shock and designed for the purpose of maximizing vehicle

stability.
N.D. Cent. Code § 39-04-23 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-23
39-04-23. Registered motor vehicle transporting property may change registration to higher or lower registered gross weight
Status: in_force

39-04-23. Registered motor vehicle transporting property may change registration to

higher or lower registered gross weight.

Any owner of a motor vehicle transporting property who has licensed the vehicle for any

gross weight limitations may change the registration to a higher registered gross weight

limitation by the payment of the difference between the fee required for the new registration and

the fee paid for the registration under which the vehicle is being operated. The fee must equal

one-twelfth of the annual higher registration fee less one-twelfth of the registration fee already

paid, the difference multiplied by the number of whole and partial calendar months remaining in

the registration period. In no event may the fee be less than five dollars.
N.D. Cent. Code § 39-06-13.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-13.1
39-06-13.1. Fee for examination of applicants
Status: in_force

39-06-13.1. Fee for examination of applicants

1. An applicant for an operator's license who is required to be tested to determine the

applicant's knowledge of highway signs, regulating, warning, and directing traffic and

of the traffic laws of this state shall pay a fee listed in section 39-06-49.

2. An applicant for an operator's license who is required to be tested to demonstrate the

applicant's ability to exercise ordinary and reasonable control in the operation of a

motor vehicle shall pay a fee listed in section 39-06-49.
N.D. Cent. Code § 39-21-39 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-39
39-21-39. Windshield - Must be unobstructed and equipped with wipers - Tinted windows
Status: in_force

39-21-39. Windshield - Must be unobstructed and equipped with wipers - Tinted

windows.

1. A motor vehicle must be equipped with a windshield. An individual may not drive any

motor vehicle with any sign, poster, or other nontransparent material upon the front

windshield, side wings, or side or rear windows which obstructs the driver's clear view

of the highway or any intersecting highway.

2. The windshield on a motor vehicle must be equipped with a device for cleaning rain,

snow, or other moisture from the windshield, which must be constructed as to be

controlled or operated by the driver of the vehicle.

3. The windshield wiper upon a motor vehicle must be maintained in good working order.

4. An individual may not operate a motor vehicle with any object, material, or tinting

displayed, affixed, or applied on the front windshield or any window unless the object,

material, or tinting in conjunction with the windshield upon which it is displayed, affixed,

or applied has a light transmittance of at least seventy percent or the object, material,

or tinting in conjunction with a window other than the windshield upon which it is

displayed, affixed, or applied has a light transmittance of at least thirty-five percent.

This subsection does not apply to windows behind the operator if the motor vehicle is

equipped with outside mirrors on both sides which meet the requirements of section

39-21-38.

5. Subsection 4 does not apply to nonreflective sunscreening or window tinting material

above the AS-1 line or within the top five inches [12.7 centimeters] of the windshield.
N.D. Cent. Code § 39-05-02 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-02
39-05-02. Vehicles exempt from provisions of chapter
Status: repealed

39-05-02. Vehicles exempt from provisions of chapter

Repealed by S.L. 1975, ch. 328, § 1.
N.D. Cent. Code § 39-01-01.2 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-01.2
39-01-01.2. Autonomous vehicle operations
Status: in_force

39-01-01.2. Autonomous vehicle operations

1. As used in this section:

a. "Automated driving system" means hardware and software collectively capable of

performing the entire dynamic driving task for the vehicle on a sustained basis

when installed on a motor vehicle and engaged regardless of whether it is limited

to a specific operational design domain.

b. "Autonomous vehicle" means a vehicle equipped with an automated driving

system.

c. "Dynamic driving task" means all of the real-time operational and tactical

functions required to operate a vehicle in on-road traffic within the vehicle's

specific operational design domain, if any, excluding the strategic functions such

as trip scheduling and selection of destinations and waypoints.

d. "Human driver" means an individual with a valid license to operate a motor

vehicle who manually exercises in-vehicle braking, accelerating, steering, and

transmission gear selection input devices to operate a vehicle.

e. "Minimal risk condition" means a low-risk operating mode in which an

autonomous vehicle operating without a human driver achieves a reasonably safe

state, such as bringing the vehicle to a complete stop, upon experiencing a failure

of the vehicle's automated driving system that renders the vehicle unable to

perform the entire dynamic driving task.

f. "Operational design domain" means a description of the specific operating

domain in which an automated driving system is designed to properly operate,

including roadway types, speed range, environmental conditions, and other

domain constraints.

2. An autonomous vehicle must be capable of operating in compliance with all applicable

federal and state law, except to the extent exempted under applicable federal or state

law, and may operate on the public highways of this state in full compliance with all

vehicle registration, title, insurance, and all other applicable requirements under this

title.

3. An autonomous vehicle with automated driving systems engaged does not require a

human driver to operate on the public highway if the autonomous vehicle is capable of

achieving a minimal risk condition in case a system failure occurs which renders the

automated driving system unable to perform the entire dynamic driving task relevant to

the vehicle's intended operational design domain.

4. An individual using an autonomous vehicle is not driving or in actual physical control of

the autonomous vehicle and, therefore, is exempt from licensing requirements if:

a. The automated driving system is completing the entire dynamic driving task; and

b. The autonomous vehicle is capable of achieving a minimal risk condition if a

system failure occurs that renders the automated driving system unable to

perform the entire dynamic driving task relevant to the vehicle's intended

operational design domain.

5. This section may not be construed to modify, limit, or restrict any statutory provision

affecting liability, including chapter 26.1-40, 26.1-41, 28-01.3, 32-03.2, or 39-16.1.
N.D. Cent. Code § 39-24-09 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-09
39-24-09. Rules for operation of snowmobiles
Status: in_force

39-24-09. Rules for operation of snowmobiles

1. No person may operate a snowmobile upon the roadway, shoulder, or inside bank or

slope of any road, street, or highway in this state except as provided pursuant to this

chapter. No snowmobile may be operated at any time within the right of way of any

interstate highway within this state except as provided in this section.

2. A snowmobile may make a direct crossing of a noninterstate street or highway

provided:

a. The crossing is made at an angle of approximately ninety degrees to the direction

of the highway and at a place where no obstruction prevents a quick and safe

crossing;

b. The snowmobile is brought to a complete stop before crossing the shoulder or

main traveled way of the highway;

c. The driver yields the right of way to all oncoming traffic which constitutes an

immediate hazard; and

d. In crossing a divided highway, the crossing is made only at an intersection of

such highway with another public street or highway.

3. No snowmobile may be operated unless it is equipped with at least one headlamp, one

taillamp, and brakes, all in working order, which conform to standards prescribed by

rule of the director pursuant to the authority vested in the director by this code and this

chapter.

4. The emergency conditions under which a snowmobile may be operated other than as

provided by this chapter must be such as to render the use of an automobile

impractical under such conditions at such period of time and location.

5. It is unlawful for any person to drive or operate any snowmobile in the following ways

which are declared to be unsafe and a public nuisance:

a. At a rate of speed greater than reasonable or proper under all the surrounding

circumstances.

b. In a careless, reckless, or negligent manner so as to endanger the person or

property of another or to cause injury or damage to such person or property.

c. While under the influence of intoxicating liquor or a drug as defined in section

39-24.1-01, or a combination thereof.

d. Without a lighted headlamp and taillamp when required for safety.

e. In any tree nursery or planting in a manner which damages or destroys growing

stock.

f. Without a manufacturer-installed or equivalent muffler in good working order and

connected to the snowmobile exhaust system.

g. Upon any private land where the private land is posted by the owner or tenant

prohibiting trespassing. The name of the person posting the land must appear on

each sign in legible characters. The posted signs must be readable from the

outside of the land and must be placed conspicuously at a distance of not more

than eight hundred eighty yards [804.68 meters] apart, provided further that as to

land entirely enclosed by a fence or other enclosure, posting of signs at or on all

gates through the fence or enclosure constitutes a posting of all the enclosed

lands.

6. It is unlawful for any person to operate a snowmobile pursuant to chapter 39-24

without having in possession a valid driver's license, except as provided by section

39-24-09.1.

7. If a snowmobile is operated within the right of way of any road, street, or highway of

this state under this chapter, during times or conditions that warrant the use of lights,

the snowmobile operator shall travel in the same direction as the direction of motor

vehicles traveling on the side of the roadway immediately adjacent to the side of the

right of way traveled by the snowmobile. An operator of a snowmobile traveling on a

snowmobile trail maintained by the parks and recreation department which is within

the right of way of any road, street, or highway of this state is exempted from this rule.

The operator shall wait for all traffic to clear the roadway before crossing bridges and

other similar structures.

8. It is unlawful for any person to operate a snowmobile within a highway right of way as

defined in subsection 38 of section 24-01-01.1 between April first and November first

of any year.

9. No snowmobile may be operated at any time within the right of way of any highway

within this state while towing a sled, skid, or other vehicle, unless the sled, skid, or

other vehicle is connected to the snowmobile by a hinged swivel and secure hitch.

10. No person under the age of eighteen years may operate, ride, or otherwise be

propelled on a snowmobile unless the person wears a safety helmet meeting United

States department of transportation standards.

11. A person may not operate a snowmobile, and an owner of a snowmobile may not

knowingly permit the snowmobile to be operated, upon any property maintained,

leased, or owned by the state parks and recreation department to which the public has

a right of access for snowmobile or other vehicular use, without a policy of liability

insurance which insures the person named, and any person using the snowmobile

with the express or implied permission of the person named, against loss from the

liability imposed by law for damages arising out of the ownership, maintenance, or use

of the snowmobile within this state, subject to the following limits, exclusive of interest

and costs, with respect to each snowmobile: twenty-five thousand dollars because of

bodily injury to or death of one person in any one accident and, subject to the limit for

one person, fifty thousand dollars because of bodily injury to or death of two or more

persons in any one accident, and twenty-five thousand dollars because of injury to or

destruction of property of others in any one accident. Upon request of a law

enforcement officer, a person operating a snowmobile shall provide proof of liability

insurance to that officer within twenty days.

12. A snowmobile may not be operated within the right of way of any interstate highway

within this state except:

a. For emergency purposes; or

b. Across an interstate highway on an overpass or underpass, except where

otherwise prohibited by law or by signing, provided the snowmobile crosses on

the extreme right side of the overpass or underpass.
N.D. Cent. Code § 39-03-19 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-19
39-03-19. Capitol building access card fund - Continuing appropriation
Status: in_force

39-03-19. Capitol building access card fund - Continuing appropriation

There is created in the state treasury a capitol building access card fund. The fund consists

of any fees received by the superintendent for the issuance of capitol building access cards.

The superintendent shall establish policies regarding the issuance of capitol building access

cards and may charge a fee of ten dollars for each access card issued to an individual who is

not an employee of the state of North Dakota. All moneys in the fund are appropriated to the

highway patrol on a continuing basis for costs associated with the issuance of capitol building

access cards and capitol complex security needs.
N.D. Cent. Code § 39-20-02 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-02
39-20-02. Individuals qualified to administer test and opportunity for additional test
Status: in_force

39-20-02. Individuals qualified to administer 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 the individual's choosing, who is medically qualified

to draw blood, administer a chemical test or tests in addition to any administered at the direction

of a law enforcement officer with all costs of an additional test or tests to be the sole

responsibility of the individual charged. The failure or inability to obtain an additional test by an

individual does not preclude the admission of the test or tests 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 test or tests.
N.D. Cent. Code § 39-31-14 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-14
39-31-14. Insurance required of carrier - Liability of insurer
Status: in_force

39-31-14. Insurance required of carrier - Liability of insurer

The department, before granting a household goods carrier permit to any common motor

carrier, shall require the owner or operator to procure public liability insurance. The conditions of

the liability insurance must guarantee the payment of any loss or damage to property or on

account of the death or injury to any person resulting from the negligence of the carrier. The

carrier shall file the insurance policy with the department and the policy must be kept in full

force. The carrier must provide proof the policy is in full effect annually in a form prescribed by

the department. Upon failure of a carrier to maintain insurance required by this section, the

department shall cancel the permit. A permit of any company authorized to write liability or

property damage insurance in the state, in a form approved by the department and certifying

that there is in effect a liability insurance policy required by this section, may be filed instead of

the policy.
N.D. Cent. Code § 39-10-60 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-60
39-10-60. Riding on bicycles
Status: repealed

39-10-60. Riding on bicycles

Repealed by S.L. 1975, ch. 348, § 17.
N.D. Cent. Code § 39-05-14 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-14
39-05-14. Special number when engine or serial number is altered, removed, or defaced - Application - Stamping - Record
Status: repealed

39-05-14. Special number when engine or serial number is altered, removed, or

defaced - Application - Stamping - Record.

Repealed by S.L. 1959, ch. 289, § 16.
N.D. Cent. Code § 39-10-28 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-28
39-10-28. Pedestrian's right of way in crosswalk
Status: in_force

39-10-28. Pedestrian's right of way in crosswalk

1. When traffic-control signals are not in place or not in operation, the driver of a vehicle

shall yield the right of way, slowing down or stopping if need be to so yield, to a

pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the

half of the roadway upon which the vehicle is traveling, or when the pedestrian is

approaching so closely from the opposite half of the roadway as to be in danger.

2. No pedestrian may suddenly leave a curb or other place of safety and walk or run into

the path of a vehicle which is so close as to constitute an immediate hazard.

3. Subsection 1 does not apply under the conditions stated in subsection 2 of section

39-10-29.

4. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked

crosswalk at an intersection to permit a pedestrian to cross the highway, the driver of

any other vehicle approaching from the rear may not overtake and pass such stopped

vehicle.
N.D. Cent. Code § 39-09-08 — ND Code / Title 39 / Chapter 39-09 / Section 39-09-08
39-09-08. Regulation of speed control signs
Status: repealed

39-09-08. Regulation of speed control signs

Repealed by S.L. 1975, ch. 349, § 41.
N.D. Cent. Code § 39-25-02.1 — ND Code / Title 39 / Chapter 39-25 / Section 39-25-02.1
39-25-02.1. Waiver of skill test
Status: in_force

39-25-02.1. Waiver of skill test

The director may waive the skill portion of the driver's license examination if the applicant

has successfully completed the classroom instruction and behind-the-wheel instruction

requirements prescribed by the director. The director shall adopt and prescribe regulations

concerning criteria for the classroom instruction and behind-the-wheel instruction requirements.

A certificate of course completion must accompany the driver's application as evidence that the

applicant for a class D license has satisfactorily completed the classroom instruction and

behind-the-wheel instruction requirements prescribed by the director.
N.D. Cent. Code § 39-16-27 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-27
39-16-27. Procedure on failure of proof on file
Status: repealed

39-16-27. Procedure on failure of proof on file

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-04-50 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-50
39-04-50. Motor vehicle department powers
Status: repealed

39-04-50. Motor vehicle department powers

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-04-10.7 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.7
39-04-10.7. Special number plates for farm vehicles
Status: in_force

39-04-10.7. Special number plates for farm vehicles

The director shall issue, without an additional charge, upon application and payment of the

registration fee, special number plates or validation decals making them distinctly different from

other number plates, to any person registering a truck or combination of trucks and trailers as a

farm vehicle under section 39-04-19. The director shall determine the form and size of the

special number plates or validation decals and shall adopt rules governing the issuance of these

special number plates or validation decals.
N.D. Cent. Code § 39-08-03.1 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-03.1
39-08-03.1. Exhibition driving and drag racing - Definitions - Penalty
Status: in_force

39-08-03.1. Exhibition driving and drag racing - Definitions - Penalty

1. No person may engage in exhibition driving of any vehicle on a highway, street, alley,

sidewalk, or any public or private parking lot or area, nor may any person engage in a

race, a speed competition, drag race or acceleration contest, test of physical

endurance, or exhibition of speed or acceleration. Any person who violates this section

by engaging in an act defined by subdivision b of subsection 2 must be assessed a fee

of fifty dollars. Any person who violates this section by engaging in an act defined by

subdivision a or c of subsection 2 must be assessed a fee of one hundred dollars.

2. As used in this section:

a. "Drag race" means the operation of two or more vehicles from a point side by

side by accelerating rapidly in a competitive attempt to cause one vehicle to

outdistance the other; or the operation of one or more vehicles over a common

selected course from the same point to the same point for the purpose of

comparing the relative speed or powers of acceleration of such vehicle or

vehicles within a certain distance or time limit.

b. "Exhibition driving" means driving a vehicle in a manner which disturbs the peace

by creating or causing unnecessary engine noise, tire squeal, skid, or slide upon

acceleration or braking; or driving and executing or attempting one or a series of

unnecessarily abrupt turns.

c. "Race" means the use of one or more vehicles in an attempt to outgain,

outdistance, or to arrive at a given distance ahead of another vehicle or vehicles;

or the use of one or more vehicles to willfully prevent another vehicle from

passing the racing vehicle or vehicles, or to test the physical stamina or

endurance of the persons driving the vehicles over a long-distance driving route.

3. Nothing in this section shall be construed as prohibiting drag racing, exhibition driving,

or similar events when carried out in an organized manner on a track or other privately

owned area specifically set aside and used solely for such purposes by drivers of

motor vehicles, including snowmobiles.
N.D. Cent. Code § 39-06-34 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-34
39-06-34. Director may require re-examination
Status: in_force

39-06-34. Director may require re-examination

In addition to any other power, the director, having good cause to believe that an individual

with an operator's license is incompetent or otherwise not qualified for the operator's license,

may upon written notice of at least five days to the individual require the individual to submit to

such physical, mental, or driver's examination as may be deemed necessary by the director. If

the director has good cause to believe that the individual presents an immediate danger to the

motoring public, the director may immediately, and without prior notice, suspend the operator's

license of the individual pending the examination. The notice of suspension must provide the

individual with the opportunity for a hearing within five days of the receipt of the notice of

suspension. When a hearing is requested, the hearing must be conducted under section

39-06-33 and the hearing officer's recommended decision must be rendered within two days of

the conclusion of the hearing. Upon the conclusion of the examination, the director shall take

action as may be appropriate and may suspend or revoke the license of the individual or permit

the individual to retain the license, or may issue a license subject to restrictions as permitted

under section 39-06-17. The director may suspend or revoke the operator's license of the

individual for refusal or neglect of the individual to submit to an examination.
N.D. Cent. Code § 39-20-03.1 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-03.1
39-20-03.1. Action following test result for a resident operator
Status: in_force

39-20-03.1. Action following test result for a resident operator

If a person submits to a test under section 39-20-01 or 39-20-02 and the test shows that

person to have an alcohol concentration of at least eight one-hundredths of one percent by

weight or, with respect to a person 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 the driving or being in actual physical control of a vehicle,

the following procedures apply:

1. The law enforcement officer shall immediately issue to that person a temporary

operator's permit if the person then has valid operating privileges, extending driving

privileges for the next twenty-five days, or until earlier terminated by the decision of a

hearing officer under section 39-20-05. The law enforcement officer shall sign and note

the date on the temporary operator's permit. The temporary operator's permit serves

as the director's official notification to the person of the director's intent to revoke,

suspend, or deny driving privileges in this state.

2. If a test administered under section 39-20-01 was by urine sample or by drawing blood

as provided in section 39-20-02 and the individual tested is not a resident of an area in

which the law enforcement officer has jurisdiction, the law enforcement officer shall, on

receiving the analysis of the urine or blood from the director of the state crime

laboratory or the director's designee and if the analysis shows that individual had 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, either proceed in accordance

with subsection 1 during that individual's reappearance within the officer's jurisdiction,

proceed in accordance with subsection 3, or notify a law enforcement agency having

jurisdiction where the individual lives. On that notification, that law enforcement agency

shall, within twenty-four hours, forward a copy of the temporary operator's permit to the

law enforcement agency making the arrest or to the director. The law enforcement

agency shall issue to that individual a temporary operator's permit as provided in this

section, and shall sign and date the permit as provided in subsection 1.

3. If the test results indicate an alcohol concentration at or above the legal limit, the law

enforcement agency making the arrest may mail a temporary operator's permit to the

individual who submitted to the blood or urine test, whether or not the individual is a

resident of the area in which the law enforcement officer has jurisdiction. The third day

after the mailing of the temporary operator's permit is considered the date of issuance.

Actual notice of the opportunity for a hearing under this section is deemed to have

occurred seventy-two hours after the notice is mailed by regular mail to the address

submitted by the individual to the law enforcement officer. The temporary operator's

permit serves as the director's official notification to the individual of the director's

intent to revoke, suspend, or deny driving privileges in this state.

4. The law enforcement officer, within five days of the issuance of the temporary

operator's permit, shall forward to the director a certified written report in the form

required by the director. If the individual was issued a temporary operator's permit

because of the results of a test, the report must show that the officer had reasonable

grounds to believe the individual had been driving or was in actual physical control of a

motor vehicle while in violation of section 39-08-01, or equivalent ordinance, that the

individual was lawfully arrested, that the individual was tested for alcohol concentration

under this chapter, and that the results of the test show that the individual had 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. In addition to the operator's

license and report, the law enforcement officer shall forward to the director 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.

5. An individual charged with a violation of section 39-08-01 or equivalent ordinance may

elect to participate in the twenty-four seven sobriety program under chapter 54-12 in

lieu of the administrative hearing under this chapter if the individual's driver's license is

not subject to an unrelated suspension or revocation. Notwithstanding any other

provision of law, an individual may not receive a temporary restricted operator's license

until after fourteen days after the administrative hearing on the offense under this

chapter has been waived or held, or after fourteen days of the final appeal, whichever

is longer. The director shall issue a temporary restricted driver's license with the

restriction the individual participate in the twenty-four seven sobriety program upon

application by the individual with submission of proof of financial responsibility and

proof of participation in the twenty-four seven sobriety program under chapter 54-12.
N.D. Cent. Code § 39-08-20 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-20
39-08-20. Driving without liability insurance prohibited - Penalty
Status: in_force

39-08-20. Driving without liability insurance prohibited - Penalty

1. A person may not drive, or the owner may not cause or knowingly permit to be driven,

a motor vehicle in this state without a valid policy of liability insurance in effect in order

to respond in damages for liability arising out of the ownership, maintenance, or use of

that motor vehicle in the amount required by chapter 39-16.1.

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

investigating the possible violation of an ordinance or state law, the person driving the

motor vehicle shall provide to the officer upon request satisfactory evidence, including

written or electronic proof of insurance, of the policy required under this section. If

unable to comply with the request, that person may be charged with a violation of this

section. If that person produces satisfactory evidence, including written or electronic

proof of insurance, of a valid policy of liability insurance in effect at the time of the

alleged violation of this section to the office of the prosecutor where the matter is

pending, that person may not be found in violation of subsection 1.

3. Notwithstanding section 26.1-30-18, a person may be in violation of subsection 1 for

failure to have a valid policy of liability insurance in effect under this section if the time

of acquisition of the policy was after the time of the alleged incidence of driving without

liability insurance. If the time of acquisition of the policy comes into question, the driver

or owner has the burden of establishing the time of acquisition. If the driver is not an

owner of the motor vehicle, the driver does not violate this section if the driver provides

the court with evidence identifying the owner of the motor vehicle and describing

circumstances under which the owner caused or permitted the driver to drive the motor

vehicle.

4. For a second or subsequent violation of subsection 1 or equivalent ordinance, the

court shall order the motor vehicle number plates of the motor vehicle owned and

operated by the person at the time of the violation to be impounded until that person

provides proof of insurance and a twenty dollar fee to the court. The person shall

deliver the number plates to the court without delay at a time certain as ordered by the

court. The court shall deliver the number plates to the office of the police officer that

made the arrest and notify the department of the order. A person who does not provide

the number plates to the court at the appropriate time is guilty of a class B

misdemeanor.

5. For a violation of subsection 1 or equivalent ordinance, the person shall provide proof

of motor vehicle liability insurance to the department in the form of a written or

electronically transmitted certificate from an insurance carrier authorized to do

business in this state. This proof must be provided for a period of one year and kept on

file with the department. If the person fails to provide this information, the department

shall suspend that person's driving privileges and may not issue or renew that person's

operator's license unless that person provides proof of insurance.

6. A person who has violated subsection 1 or equivalent ordinance shall surrender that

person's operator's license and purchase a duplicate operator's license with a notation

requiring that person to keep proof of liability insurance on file with the department.

The fee for this license is fifty dollars and the fee to remove this notation is fifty dollars.

7. When an insurance carrier has certified a motor vehicle liability policy, the insurance

carrier shall notify the director no later than ten days after cancellation or termination of

the certified insurance policy by filing a notice of cancellation or termination of the

certified insurance policy; except that a policy subsequently procured and certified

shall, on the effective date of its certification, terminate the insurance previously

certified with respect to any motor vehicle designated in both certificates.
N.D. Cent. Code § 39-06.2-02 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-02
39-06.2-02. Definitions
Status: in_force

39-06.2-02. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Alcohol" means any substance containing any form of alcohol, including ethanol,

methanol, propanol, and isopropanol.

2. "Alcohol concentration" means:

a. The number of grams of alcohol per one hundred milliliters of blood;

b. The number of grams of alcohol per two hundred ten liters of breath; or

c. The number of grams of alcohol per sixty-seven milliliters of urine.

3. "Commercial learner's permit" means a permit issued under section 39-06.2-07.

4. "Commercial driver's license" means a license issued under this chapter which

authorizes an individual to drive a class of commercial motor vehicle.

5. "Commercial driver's license information system" means the information system

established under the Commercial Motor Vehicle Safety Act to serve as a

clearinghouse for locating information related to the licensing and identification of

commercial motor vehicle drivers.

6. "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles

designed or used to transport passengers or property:

a. If the gross combination weight rating or gross combination weight is twenty-six

thousand one pounds [11793.86 kilograms] or more, whichever is greater,

provided the towed unit has a gross vehicle weight rating or gross vehicle weight

of more than ten thousand pounds [4536 kilograms], whichever is greater;

b. If the vehicle has a gross vehicle weight rating or gross vehicle weight of more

than twenty-six thousand pounds [11793.40 kilograms], whichever is greater;

c. If the vehicle is designed to transport sixteen or more passengers, including the

driver; or

d. If the vehicle is transporting hazardous materials and is required to be placarded

in accordance with 49 CFR part 172, subpart F or any quantity of a material listed

as a select agent or toxin in 42 CFR part 73.

7. "Controlled substance" means any substance so classified under section 802(6) of the

Controlled Substances Act [21 U.S.C. 802(6)], and includes all substances listed on

schedules I through V, of 21 CFR part 1308, as they may be revised from time to time.

8. "Conviction" means an unvacated adjudication of guilt, or a determination that an

individual has violated or failed to comply with the law in a court of original jurisdiction

or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral

deposited to secure the individual's appearance in court, the payment of a fine or court

cost, or violation of a condition of release without bail, regardless of whether or not the

penalty is rebated, suspended, or probated.

9. "Covered farm vehicle" means a straight truck or articulated vehicle:

a. Registered in a state with a licensed plate or other designation issued by the

state of registration which allows law enforcement officials to identify it as a farm

vehicle;

b. Operated by the owner or operator of a farm or ranch or an employee or family

member of an owner or operator of a farm or ranch;

c. Used to transport agricultural commodities, livestock, machinery, or supplies to or

from a farm or ranch; and

d. Not used in for-hire motor carrier operations; however, for-hire motor carrier

operations do not include the operation of a vehicle meeting the requirements of

subdivisions a, b, and c of this subsection by a tenant pursuant to a crop share

farm lease agreement to transport the landlord's portion of the crops under that

agreement.

e. Meeting the requirements of subdivisions a, b, c, and d of this subsection:

(1) With a gross vehicle weight or gross vehicle weight rating, whichever is

greater, of twenty-six thousand one pounds [11793.86 kilograms] or less

may utilize the exemptions in 40 CFR 390.39 anywhere in the United States;

or

(2) With a gross vehicle weight or gross vehicle weight rating, whichever is

greater, or more than twenty-six thousand one pounds [11793.86 kilograms]

may utilize the exemptions in 40 CFR 390.39 anywhere in the state of

registration or across the state lines within one hundred fifty air miles of the

farm or ranch with respect to which the vehicle is being operated.

10. "Disqualification" means a withdrawal of the privilege to drive a commercial motor

vehicle.

11. "Downgrade" means:

a. A state allows the driver to change the driver's self-certification to interstate, but

operating exclusively in transportation or operation excepted from 49 CFR

part 391, as provided in 390.3(f), 391.2, 391.68, or 398.3;

b. A state allows the driver to change the driver's self-certification to intrastate only,

if the driver qualifies under the state's physical qualification requirements for

intrastate only;

c. A state allows the driver to change the driver's certification to intrastate, but

operating exclusively in transportation or operations excepted from all or part of

the state driver's qualification; or

d. A state removes the commercial driver's license privilege from the driver's

license.

12. "Drive" means to drive, operate, or be in physical control of a motor vehicle.

13. "Driver" means an individual who drives, operates, or is in physical control of a

commercial motor vehicle, or who is required to hold a commercial driver's license.

14. "Driver's license" means a license issued by a state to an individual which authorizes

the individual to drive a motor vehicle.

15. "Drug" means any drug or substance or combination of drugs or substances which

renders an individual incapable of safely driving, and includes any controlled

substance.

16. "Electronic device" includes a cellular telephone, personal digital assistant, pager,

computer, or any other device used to input, write, send, receive, or read text.

17. "Employer" means any person, including the United States, a state, or a political

subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an

individual to drive a commercial motor vehicle.

18. "Fatality" means the death of an individual as a result of a motor vehicle accident.

19. "Felony" means any offense under state or federal law which is punishable by death or

imprisonment for a term exceeding one year.

20. "Foreign commercial driver" means an individual licensed to operate a commercial

motor vehicle by an authority outside the United States or a citizen of a foreign country

who operates a commercial motor vehicle in the United States.

21. "Foreign jurisdiction" means any jurisdiction other than a state of the United States.

22. "Gross vehicle weight rating" means the value specified by the manufacturer as the

maximum loaded weight of a single or a combination or articulated vehicle. The gross

vehicle weight rating of a combination or articulated vehicle, commonly referred to as

the "gross combination weight rating", is the gross vehicle weight rating of the power

unit plus the gross vehicle weight rating or actual weight of the towed unit or units.

23. "Hazardous materials" means any material that has been designated as hazardous

under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR

part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR

part 73.

24. "Imminent hazard" means the existence of a condition of vehicle, employee, or

commercial motor vehicle operations which substantially increases the likelihood of

serious injury or death if not discontinued immediately or a condition relating to

hazardous materials which presents a substantial likelihood that death, serious illness,

severe personal injury, or a substantial endangerment to health, property, or the

environment may occur before the reasonably foreseeable completion date of a formal

proceeding begun to lessen the risk of that death, illness, injury, or endangerment.

25. "Mobile telephone" means a mobile communication device that falls under or uses any

commercial mobile radio service, as defined in regulations of the federal

communications commission in 47 CFR 20.3. The term does not include two-way and

citizens band radio services.

26. "Motor vehicle" means every vehicle that is self-propelled, and every vehicle that is

propelled by electric power obtained from overhead trolley wires but not operated upon

rails, except vehicles moved solely by human power and motorized wheelchairs.

27. "Noncommercial motor vehicle" means a motor vehicle or combination of motor

vehicles not defined by the term commercial motor vehicle.

28. "Nondomiciled commercial driver's license" means a commercial driver's license or a

commercial learner's permit issued by a state to an individual domiciled in a foreign

country meeting the requirements of 49 CFR 383.23(b)(1).

29. "Out-of-service order" means a temporary prohibition against driving a commercial

motor vehicle.

30. "Serious traffic violation" means a conviction when operating a commercial motor

vehicle of:

a. Excessive speeding, involving a single charge of any speed fifteen miles

[24.14 kilometers] per hour or more, above the posted speed limit;

b. Reckless driving, as defined under section 39-08-03 or local ordinance, including

charges of driving a commercial motor vehicle in willful or wanton disregard for

the safety of an individual or property, improper or erratic traffic lane changes, or

following the vehicle ahead too closely;

c. A violation of any state or local law related to motor vehicle traffic control, other

than a parking violation, arising in connection with a fatal accident;

d. Driving a commercial motor vehicle without obtaining a commercial driver's

license or commercial learner's permit;

e. Driving a commercial motor vehicle without a commercial driver's license or

commercial learner's permit in the driver's possession. An individual who provides

proof to the enforcement authority that issued the citation, by the date the

individual must appear in court or pay a fine for such violation, that the individual

held a valid commercial driver's license or commercial learner's permit on the

date the citation was issued, is not guilty of this offense;

f. Driving a commercial motor vehicle without the proper class of commercial

driver's license, endorsement, or commercial learner's permit, for the specific

vehicle group being operated or for the passengers or type of cargo being

transported;

g. Violating a state or local law or ordinance prohibiting texting while driving; or

h. Violating a state law or local law or ordinance on motor vehicle traffic control

restricting or prohibiting the use of a hand-held mobile telephone while driving a

commercial motor vehicle.

31. "State" means a state of the United States or the District of Columbia.

32. "Tank vehicle" means any commercial motor vehicle that is designed to transport any

liquid or gaseous material within one or more tanks having an individual rated capacity

of more than one hundred nineteen gallons [450.46 liters] and an aggregate rated

capacity of one thousand gallons [3785.41 liters] or more that is either permanently or

temporarily attached to the vehicle or the chassis. A commercial motor vehicle

transporting an empty storage container tank, not designed for transportation, with a

rated capacity of one thousand gallons [3785.41 liters] or more that is temporarily

attached to a flatbed trailer is not considered a tank vehicle.

33. "Texting" means manually entering alphanumeric text into, or reading text from, an

electronic device. This action includes short message service, electronic mail, instant

messaging, a command or request to access a worldwide web page, pressing more

than a single button to initiate or terminate a voice communication using a mobile

telephone or engaging in any other form of electronic text retrieval or entry, for present

or future communication. "Texting" does not include:

a. Pressing a single button to initiate or terminate a voice communication using a

mobile telephone;

b. Inputting, selecting, or reading information on a global positioning system or

navigation system; or

c. Using a device capable of performing multiple functions, including fleet

management systems, dispatching devices, smartphones, citizens' band radios,

or music players, for a purpose that is not otherwise prohibited in 49 CFR

part 383.

34. "Third-party skills test examiner" means an individual employed by a third-party tester

who is authorized by the state to administer the skills tests in 49 CFR part 383,

subparts G and H.

35. "Third-party tester" means a person, including another state, a motor carrier, a private

driver training facility or other private institution, or a political subdivision authorized by

the state to employ skills test examiners to administer the skills tests in 49 CFR

part 383, subparts G and H.

36. "United States" means the fifty states and the District of Columbia.

37. "Use a hand-held mobile telephone" means using at least one hand to hold a mobile

telephone to conduct a voice communication; dialing or answering a mobile telephone

by pressing more than a single button; or reaching for a mobile telephone in a manner

that requires a driver to maneuver so that the driver is no longer in a seated driving

position, restrained by a seatbelt that is installed under 49 CFR 393.93 and adjusted in

accordance with the vehicle manufacturer's instructions.
N.D. Cent. Code § 39-03.1-14.2 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-14.2
39-03.1-14.2. Benefit payments to alternate payee under qualified domestic relations order
Status: in_force

39-03.1-14.2. Benefit payments to alternate payee under qualified domestic relations

order.

1. The board shall pay retirement benefits in accordance with the applicable

requirements of any qualified domestic relations order. The board shall review a

domestic relations order submitted to it to determine if the domestic relations order is

qualified under this section and under rules established by the board for determining

the qualified status of domestic relations orders and administering distributions under

the qualified orders. Upon determination that a domestic relations order is qualified,

the board shall notify the contributor and the named alternate payee of its receipt of

the qualified domestic relations order.

2. A "qualified domestic relations order" for purposes of this section means any judgment,

decree, or order, including approval of a property settlement agreement, which relates

to the provision of child support, spousal support, or marital property rights to a

spouse, former spouse, child, or other dependent of a contributor, is made pursuant to

a North Dakota domestic relations law, and which creates or recognizes the existence

of an alternate payee's right to, or assigns to an alternate payee the right to, receive all

or a part of the benefits payable to the contributor. A qualified domestic relations order

may not require the board to provide any type or form of benefit, or any option, not

otherwise provided under the retirement system, or to provide increased benefits as

determined on the basis of actuarial value. However, a qualified domestic relations

order may require the payment of benefits at the early retirement date notwithstanding

that the contributor has not terminated eligible employment. A qualified domestic

relations order must specify:

a. The name and the last-known mailing address of the contributor and the name

and mailing address of each alternate payee covered by the order;

b. The amount or percentage of the contributor's benefits to be paid by the plan to

each alternate payee;

c. The number of payments or period to which the order applies; and

d. Each retirement plan to which the order applies.
N.D. Cent. Code § 39-06-14 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-14
39-06-14. Licenses issued to operators - General - Classified operator's license
Status: in_force

39-06-14. Licenses issued to operators - General - Classified operator's license

1. Upon the payment of the application fee listed in section 39-06-49, the director shall

issue to every qualified applicant an operator's license. An application for an operator's

license must be made on a form furnished by the director. The operator's license must

bear the full name, date of birth, residence address, and a brief description of the

licensee.

2. The license must bear either a facsimile of the signature of the licensee or a space

upon which the licensee shall write the licensee's usual signature. An operator's

license is not valid unless signed by the licensee with the licensee's usual signature.

For purposes of verification, the director may require the licensee to write the

licensee's signature in the presence of the director.

3. The operator's license must bear a distinguishing number assigned to the licensee.

The director may not issue a distinguishing number that is, contains, can be converted

to, or is an encrypted version of the applicant's social security number.

4. The operator's license must bear a color photograph of the licensee. The director may

adopt rules relating to the manner in which photographs are to be obtained and placed

on an operator's license. The photograph may be produced by digital imaging or other

electronic means and is not a public record. If the licensee is under the age of

eighteen, the photograph must be against a color border or background that is

different from the color used for other licensees. If the licensee is at least the age of

eighteen and is under the age of twenty-one, the photograph must be against a color

border or background that is different from the color used for other licensees.

5. The director shall issue an operator's license to any resident who at the time of

application is not a citizen of the United States and who fulfills the requirements of this

section. The license must be designed in a manner to distinguish the license clearly

from a similar license issued to a citizen of the United States and resident of this state.

Upon the issuance of a license, the department of transportation shall provide a written

notice that indicates the naturalized individual shall contact the department of

transportation to update the individual's citizenship status. The individual shall update

the citizenship status within forty-five days following naturalization. The director shall

replace the license with a card issued to a citizen of this country and resident of this

state only when proof of United States citizenship is provided by the individual and the

replacement fee listed in section 39-06-49 is paid. For licenses issued under this

subsection before August 1, 2023, the department of transportation shall provide by

mail to each licenseholder a written notice that indicates within the forty-five days

following naturalization, the naturalized individual shall contact the department of

transportation to update the individual's citizenship status.

6. Upon request and with adequate documentation, the director shall place an indicator

on the face of an operator's license of a veteran. The veteran may make the request

through the department of veterans' affairs.

7. An applicant holding a valid operator's license issued by this state and making

application for renewal must be issued a class D license without being subjected to a

written or actual ability examination. The director shall issue to any other applicant

applying for issuance of an operator's license a classified license after a successful

examination in the type of motor vehicle or combination of vehicles for the particular

class of license and the particular license authorizes the holder to drive the particular

class of vehicles as designated in section 39-06.2-09 or this chapter.

8. An individual with a class D license may operate:

a. 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] or a

combination of vehicles with a gross combination weight or a gross combination

weight rating in excess of twenty-six thousand pounds [11793.40 kilograms] if the

individual is eighteen years of age or older, unless the individual is driving a farm

vehicle and meets the requirements of subdivision e of subsection 7 of this

section and subsection 3 of section 39-06.2-06.

b. A farm tractor towing another vehicle having a gross weight in excess of ten

thousand pounds [4535.92 kilograms].

c. A truck towing a trailer in excess of ten thousand pounds [4535.92 kilograms] if

the combined weight does not exceed twenty-six thousand pounds [11793.40

kilograms] gross combination weight rating.

d. A house car or a vehicle towing a travel trailer being used solely for personal

purposes.

e. A two-axle or tandem-axle motor vehicle, a triple-axle motor vehicle, and a truck

or truck tractor towing a trailer, semitrailer, or farm trailer if the individual is

exempted from a commercial driver's license under subsection 3 of section

39-06.2-06, except the individual may not operate a double trailer or triple trailer

and an individual under eighteen years of age may not operate a truck tractor or a

bus designed to carry sixteen or more passengers, including the driver.

9. Any holder of a classified license who drives a motor vehicle otherwise than as

permitted by the class of license issued to the holder is deemed to be driving a motor

vehicle without being duly licensed. The holder of a classified license who desires to

obtain a different class license must exchange or renew the license. The director may

adopt rules on renewals or exchanges for the proper administration of this chapter.
N.D. Cent. Code § 39-01-16 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-16
39-01-16. Hearing on alleged violations
Status: in_force

39-01-16. Hearing on alleged violations

Any person having information that a licensed dealer has violated any provisions of this title

may file with the director an affidavit specifically setting forth such violation. Upon receipt of

such affidavit, the director shall investigate the violation alleged in the affidavit. If, after

investigation, the director determines that the dealer's license will be revoked or suspended, a

notice of intent to revoke or suspend the license must be mailed to the dealer by certified mail.

The notice must provide the dealer with an opportunity for a hearing prior to the effective date of

the license revocation or suspension. A record of such hearings must be made by stenographic

notes or use of an electronic recording device.

If after such hearing the director finds the violation charged in the affidavit has been proved

by the evidence, an order must be served on the licensee revoking or suspending the dealer's

license for a period of time to be determined by the director. Such action may be appealed to

the district court by following the appeal procedure set forth in chapter 28-32, except that the

order revoking or suspending the license is ineffective while the appeal is pending.

The director has the power to appoint an administrative hearing officer to conduct the

hearing, administer oaths, and subpoena and examine witnesses. The administrative hearing

officer shall submit the findings to the director for consideration and final decision.

Any witness called by the prosecution, except a peace officer while on duty, shall receive

the same fees and mileage as a witness in a civil case in district court.
N.D. Cent. Code § 39-08-10.1 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-10.1
39-08-10.1. Investigating agency responsible to notify immediate family
Status: in_force

39-08-10.1. Investigating agency responsible to notify immediate family

1. In the event of serious injury to or death of any person, under circumstances leading to

the notification of a law enforcement agency, the investigating law enforcement agency

shall, upon positive identification of the person or persons involved, be responsible for

immediately notifying the immediate family of the person or persons seriously injured

or deceased, or making arrangements to have the immediate family notified by clergy

or other suitable person.

2. The investigating law enforcement agency may not release to the public the identity of

the person or persons seriously injured or deceased until the first of the following

events occurs:

a. A member of the immediate family has been notified and given an opportunity to

notify other immediate family members; or

b. Twenty-four hours have elapsed from the time positive identification was made.

3. For purposes of this section, "immediate family" means spouse, parent, child, sibling,

or any person who regularly resides in the household of the seriously injured or

deceased person.
N.D. Cent. Code § 39-16-02 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-02
39-16-02. Rules - Notice of proposed suspension
Status: in_force

39-16-02. Rules - Notice of proposed suspension

The director shall have the powers and perform the duties imposed by this chapter and may

make rules for that purpose. Notice of a proposed suspension under this chapter must be given

under section 39-06-33.
N.D. Cent. Code § 39-27-22 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-22
39-27-22. Equipment approval
Status: in_force

39-27-22. Equipment approval

All motorcycle lighting devices, electrical systems, brake components, glazing materials,

and exhaust systems, incorporating a muffler or other mechanical exhaust device, required or

optional, must be approved by the department before they will be available for use within the

state.
N.D. Cent. Code § 39-04-10.2 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.2
39-04-10.2. Special plates for mobility-impaired individuals
Status: in_force

39-04-10.2. Special plates for mobility-impaired individuals

The director may issue, without charge, upon application and payment of the regular license

fee, plates marked with the international symbol of accessibility for the mobility impaired, to a

motor vehicle owner possessing a parking certificate issued under subsection 4 of section
N.D. Cent. Code § 39-10-06 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-06
39-10-06. Pedestrian control signals
Status: in_force

39-10-06. Pedestrian control signals

Whenever special pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" or

the symbols of a walking person, symbolizing "Walk", or an upraised hand, symbolizing "Don't

Walk" are in place, such signals must indicate as follows:

1. "Walk": Pedestrians facing such indication may proceed across the roadway in the

direction of the indication and must be given the right of way by the drivers of all

vehicles.

2. "Don't Walk" (steadily illuminated): A pedestrian may not start to cross the roadway in

the direction of such indication.

3. "Don't Walk" (flashing): A pedestrian may not start to cross the roadway in the direction

of the indication, but any pedestrian who has partially completed a crossing during the

"Walk" signal must proceed in the direction of the indication to a sidewalk or safety

island.
N.D. Cent. Code § 39-10-26.2 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-26.2
39-10-26.2. Permitting use of vehicle to violate section 39-10-26 prohibited - Presumption of permission - Defense - Dual prosecution prohibited
Status: in_force

39-10-26.2. Permitting use of vehicle to violate section 39-10-26 prohibited -

Presumption of permission - Defense - Dual prosecution prohibited.

The registered owner of a motor vehicle may not permit that motor vehicle to be operated in

violation of section 39-10-26. If a motor vehicle is seen violating section 39-10-26, it is a

disputable presumption that the registered owner of the motor vehicle permitted that violation. It

is a defense to a charge of violating this section that the registered owner of the vehicle was not

operating the vehicle, if that registered owner identifies the person authorized by that owner to

operate the motor vehicle at the time of the violation of section 39-10-26, or if that motor vehicle

had been taken without the registered owner's permission. A person may not be charged both

with violating this section and with violating section 39-10-26. Violation of this section is not a

lesser included offense of violation of section 39-10-26.
N.D. Cent. Code § 39-10.1-07 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-07
39-10.1-07. Lamps and other equipment on bicycles
Status: in_force

39-10.1-07. Lamps and other equipment on bicycles

1. Every bicycle when in use at nighttime must be equipped with a lamp on the front

which emits a white light visible from a distance of at least five hundred feet [152.4

meters] to the front and with a red reflector on the rear of a type approved by the

department. A lamp emitting a red light visible from a distance of five hundred feet

[152.4 meters] to the rear may be used in addition to the red reflector.

2. Every bicycle must be equipped with a brake which will enable the operator to make

the braked wheels skid on dry, level, clean pavement.
N.D. Cent. Code § 39-06-40 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-40
39-06-40. Unlawful use of license - Penalty
Status: in_force

39-06-40. Unlawful use of license - Penalty

1. It is a class B misdemeanor for an individual:

a. To display or cause or permit to be displayed or have in possession any

canceled, revoked, fictitious, or fraudulently altered operator's license or

nondriver photo identification card;

b. To lend that individual's operator's license or nondriver photo identification card to

any other individual or knowingly permit the use of that individual's operator's

license or nondriver photo identification card by another individual;

c. To display or represent as an individual's own any operator's license or nondriver

photo identification card not issued to that individual;

d. To fail or refuse to surrender to the director upon demand any operator's license

or nondriver photo identification card that has been suspended, revoked, or

canceled;

e. To permit any unlawful use of an operator's license or nondriver photo

identification card issued to that individual; or

f. To use a false or fictitious name in any application for an operator's license or

nondriver photo identification card or to knowingly make a false statement or to

conceal a material fact or otherwise commit a fraud in the application.

2. Within five days of receiving a record of conviction or other satisfactory evidence of the

violation of this section, the director shall revoke the individual's operator's license or

nondriver photo identification card. The director may set the period of revocation, not

to exceed six months.
N.D. Cent. Code § 39-05-16.1 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-16.1
39-05-16.1. Release of a security interest
Status: in_force

39-05-16.1. Release of a security interest

1. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is

in the possession of the lienholder, the lienholder, within ten days after demand and in

any event within thirty days of the satisfaction, shall execute a release of the

lienholder's security interest in a manner prescribed by the department. The lienholder

shall:

a. Mail or deliver the certificate of title and release to the next lienholder named on

the certificate of title, who, within thirty days of receipt, shall mail or deliver the

certificate of title, release, and a fee of five dollars to the department. The

department shall issue and mail or deliver a new certificate of title to the first

lienholder named on the new certificate of title.

b. If there are no other lienholders named on the certificate of title, mail or deliver

the certificate of title and release to the owner or the owner's designee. Within

thirty days of receipt, the person receiving the certificate of title and release shall

mail or deliver the certificate of title, release, and a fee of five dollars to the

department. The department may prescribe further application procedures and,

upon determining that there has been a proper compliance with these

procedures, shall issue a new certificate of title and mail or deliver it to the owner

or the owner's designee.

2. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is

in the possession of a prior lienholder, the lienholder whose security interest is

satisfied shall execute, within ten days after demand and in any event within thirty

days of the satisfaction, a release in the form the department prescribes and deliver

the release to the owner or the owner's designee. Upon receipt of a release delivered

by the owner to the lienholder in possession of the certificate of title, that lienholder

shall mail or deliver the release and the certificate of title to the department. Upon the

payment of a five dollar fee, the department shall issue a new certificate.

3. Notwithstanding this section, a lienholder who uses an electronic lien notification

system shall follow the procedure adopted for that system by the department.
N.D. Cent. Code § 39-05-20.2 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-20.2
39-05-20.2. Issuance of salvage certificate of title
Status: in_force

39-05-20.2. Issuance of salvage certificate of title

1. The owner of a vehicle that is damaged in excess of seventy-five percent of the

vehicle's retail value as determined by the national automobile dealers association

official used car guide shall forward the title for that vehicle to the department within

ten days and the department shall issue a salvage certificate of title. Glass damage

and hail damage must be excluded in the determination of whether a vehicle has been

damaged in excess of seventy-five percent of the vehicle's retail value.

2. If a vehicle for which a salvage certificate of title has been issued is reconstructed, a

regular certificate of title may be obtained by completing an application for the

certificate. The applicant shall include with the application a certificate of inspection in

the form required by the department, the salvage certificate of title, and a five dollar

fee. The department shall place on the regular certificate of title and on all subsequent

certificates of title issued for the vehicle the words "previously salvaged" and a

notation that damage disclosure information is available from the department. The

department may not issue a new certificate unless the vehicle identification number of

the vehicle has been inspected and found to conform to the description given in the

application or unless other proof of the identity of the vehicle has been provided to the

satisfaction of the department.

3. The certificate of inspection required under this section must be completed by a

business that is registered with the secretary of state, is in good standing, and offers

motor vehicle repair to the public. The business completing the certificate of inspection

may not be the business that reconstructed the vehicle and must state the vehicle is in

compliance with the requirements of chapter 39-21.
N.D. Cent. Code § 39-06-41 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-41
39-06-41. Making false affidavit perjury
Status: repealed

39-06-41. Making false affidavit perjury

Repealed by omission from this code.
N.D. Cent. Code § 39-13-05 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-05
39-13-05. Injuring signs prohibited
Status: in_force

39-13-05. Injuring signs prohibited

No person may deface, injure, knock down, or remove any sign posted as provided in this

chapter.
N.D. Cent. Code § 39-13-08 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-08
39-13-08. No traffic-control device to be manufactured or sold which does not conform
Status: in_force

39-13-08. No traffic-control device to be manufactured or sold which does not

conform.

No person, firm, corporation, or limited liability company may sell or offer for sale to street

and highway authorities, and no such authorities may purchase or manufacture any

traffic-control device which does not conform to the manual unless specifically approved by the

director.
N.D. Cent. Code § 39-04-18 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-18
39-04-18. Motor vehicles exempt from registration fees - Reciprocal use of state highways by foreign licensed motor vehicles
Status: in_force

39-04-18. Motor vehicles exempt from registration fees - Reciprocal use of state

highways by foreign licensed motor vehicles.

1. a. Except as provided in this section, a motor vehicle as defined in section 39-01-01

or a trailer operated or intended to be operated upon a highway, road, or street in

this state must be registered annually with the department.

b. A semitrailer or a farm trailer operated or intended to be operated upon a

highway, road, or street in this state must be registered with the department either

annually or permanently, at the discretion of the registrant.

c. A vehicle being operated on highways, roads, or streets of this state must display

license plates as furnished by the department upon payment of the fees

prescribed in this chapter.

d. Upon satisfactory proof to the department that a motor vehicle owned by a

resident of this state was not used upon any of the highways of this state in any

one or more years, the motor vehicle may be registered upon payment of the

registration fee for the current year.

e. A resident of the state of North Dakota, serving in the armed forces of the United

States for a period of time greater than one year, may relicense a motor vehicle

owned by the veteran without paying a fee or penalty for the intervening years

when the vehicle was not licensed, providing the veteran shows by suitable

affidavit that the vehicle was not in use during a year in which it was not licensed.

The vehicle must be licensed for the license fee applicable to the month of the

year in which application for license is made.

2. The following motor vehicles may be operated upon the highways, roads, and streets

of this state without being registered, under such limitations as are herein specified;

provided, however, that whenever the department determines that it is to the best

interest of the state of North Dakota and determines by reciprocal agreement or

otherwise that as great or greater privileges are not granted North Dakota residents

while traveling in other states or territories, the department may cancel or limit the

application of any exception to residents or motor vehicles from such other state or

territory:

a. Farm tractors as defined in section 39-01-01, special mobile equipment and road

rollers and other road construction or maintenance machinery that cannot be

operated on the highways and streets of this state in a normal operating manner.

b. Motor vehicles owned by or in possession of Indian mission schools, by this state

or any of its agencies, departments, or political subdivisions, including school

districts possessing a motor vehicle or vehicles used for driver education

instruction, or by 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; provided, however,

that the vehicles must display license plates provided by the department at actual

cost. Upon request, qualifying law enforcement motor vehicles must be issued a

license plate under section 39-04-10.9.

Each motor vehicle loaned or furnished by a licensed North Dakota motor

vehicle dealer to a school district in North Dakota to be used exclusively for

instructing pupils in the driver education and training program conducted by the

school district will be assigned an official license plate. The license plates must be

used only on the motor vehicles furnished by dealers and used in the driver

education program, and for no other purpose except for garaging and

safekeeping of the motor vehicle.

A person may not use a driver education motor vehicle bearing official

license plates for any purpose other than driver education course instruction. A

person is not in violation of this subdivision if the person is required by the dealer

or a school administrator to house or otherwise protect the vehicle at the person's

home or other facility.

c. Motor vehicles registered in any other state or territory when coming into this

state a distance not exceeding twenty miles [32.19 kilometers]; provided,

however, that such motor vehicles have displayed thereon the current license

plates issued by the state or territory in which they are registered and provided

further that the owners or operators thereof are not residents of this state. Nor

may such vehicles be required to pay any other tax, and no registration fee or tax

may be required when such vehicles do not leave the incorporated limits of any

city while in the state of North Dakota within a zone circumscribed by a line

running parallel to the corporate limits of any city or contiguous cities and twenty

miles [32.19 kilometers] distant therefrom. This section does not prevent trucks

from coming into the state such distance as shall be necessary to reach the

nearest railway shipping station. For purposes of this subdivision, an individual is

a resident of this state if the individual is gainfully employed or engages in any

trade, profession, or occupation within this state and owns, leases, or rents a

place of residence or otherwise lives within this state for the purposes of

employment, or regardless of domicile or any other circumstance, remains in this

state for a period of at least ninety consecutive days. For purposes of this

subdivision, a resident does not include a student at a university, college, or

technical school in this state or a daily commuter from another jurisdiction if that

jurisdiction exempts the vehicle of a daily commuter from this state from

registration in that jurisdiction under a reciprocity agreement.

d. Motor vehicles owned and operated by the United States government, or any

foreign government, or any of their agencies or departments; provided, however,

that such motor vehicles must display identification plates.

e. Passenger motor vehicles registered in any other state or territory; provided,

however, that such motor vehicles have displayed thereon the current license

plates issued by the state or territory in which they are registered and provided

further that the owners or operators thereof are not residents of this state. For

purposes of this subdivision, an individual is a resident of this state if the

individual is gainfully employed or engages in any trade, profession, or

occupation within this state and owns, leases, or rents a place of residence or

otherwise lives within this state for the purposes of employment, or regardless of

domicile or any other circumstance, remains in this state for a period of at least

ninety consecutive days. For purposes of this subdivision, a resident does not

include a student at a university, college, or technical school in this state or a

daily commuter from another jurisdiction if that jurisdiction exempts the vehicle of

a daily commuter from this state from registration in that jurisdiction under a

reciprocity agreement.

f. Motor vehicles owned and operated by a manufacturer of motor vehicles when

such motor vehicles are operated or moved such distance as may be authorized

by the director from the factory where manufactured or assembled, to a depot or

place of shipment or other point of delivery; provided, however, that such vehicles

have displayed in plain sight the name and address of the manufacturer and a

written permit from local police authorities.

g. Motor vehicles owned and operated by a licensed North Dakota motor vehicle

dealer from a railway depot, warehouse, salesroom, or place of shipment;

provided, however, that such vehicles have displayed in plain sight the name and

address of the dealer and a written permit from the local police authorities.

h. Motor vehicles owned and operated by nonresidents engaged in harvest of

agricultural products from June first through December thirty-first of any one year;

provided, however, that such motor vehicles have displayed thereon a decal or

other means of identification issued by the director upon payment of a fee of fifty

dollars.

i. Vehicles owned by nonresident military personnel stationed in this state and

operated by such military personnel or their dependents, provided such vehicle is

registered in the state or territory whereof such military person is a resident, and

provided further that current license plates from such state or territory are

displayed on such vehicle.

j. Motor vehicles not exceeding twenty-six thousand pounds [11793.40 kilograms]

registered gross weight owned and operated by a disabled veteran under the

provisions of Public Law 79-663 [38 U.S.C. 3901], a disabled veteran who has a

one hundred percent service-connected disability as determined by the

department of veterans' affairs, or a disabled veteran who has an extra-schedular

rating to include individual unemployability which results in the veteran being paid

at the one hundred percent rate as determined by the department of veterans'

affairs is entitled to display either a distinctive license plate or a standard plate

that does not identify the veteran as a veteran or disabled veteran which is issued

by the department at no cost to the qualifying veteran or surviving spouse or any

other distinctive or vanity plate purchased from the department by the qualifying

veteran or surviving spouse. This exemption applies to no more than two such

motor vehicles owned by a disabled veteran at any one time. A surviving spouse

of a disabled veteran who is receiving United States department of veterans

affairs dependency and indemnity compensation is eligible for the exemption

under this subdivision for one vehicle. If the determination of disability or service-

connected death occurs subsequent to the qualifying veteran's death through

application of a law that renders a surviving spouse of a qualifying veteran eligible

for United States department of veterans affairs disability and indemnity

compensation, the determination for purposes of the exemption under this

subdivision is presumed to precede the veteran's death. Sufficient proof of receipt

of United States department of veterans affairs dependency and indemnity

compensation includes correspondence directed to a surviving spouse of a

qualifying veteran by the United States department of veterans affairs which

indicates the surviving spouse is a survivor of the qualifying veteran and is in

receipt of United States department of veterans affairs dependency and

indemnity compensation.

k. Motor vehicles having not over two axles and not being used in combination

owned and operated by nonresidents and any motor vehicle or combination of

three axles or more operated in this state pursuant to a proportional licensing or

other agreement or arrangement with any jurisdiction having motor vehicle

registration authority.

l. Motor vehicles owned and operated by a resident building mover or by a resident

well driller; provided, however, that such vehicles are used only for moving

buildings or building-moving equipment, or are used only for drilling water wells or

moving water well-drilling equipment; provided, further, that such vehicles display

a license plate issued by the director upon the payment of a fee of twenty-five

dollars for two axle trucks, fifty dollars for tandem axle trucks and single axle

truck-tractor units, and seventy-five dollars for each tandem axle truck-tractor

unit.

Any vehicle which has been issued this special motor vehicle license may be

registered under the regular motor vehicle registration law, by payment of the

difference between the amount paid for the special motor vehicle license and the

regular registration fee for such vehicle.

Any vehicle which has been issued this special motor vehicle license and is

found being operated upon the highways of this state without being equipped with

special house-moving or well-drilling equipment shall forfeit the fee paid and, in

addition, must be required to register under the regular motor vehicle registration

law of this state. None of the above limitations may be construed as restricting

the operation of the special licensed vehicle when such operation would not

require a greater fee than that paid for this operation.

m. Any trailer, semitrailer, or farm trailer when the gross weight, not including the

weight of the towing vehicle, does not exceed one thousand five hundred pounds

[680.39 kilograms] and it is not for hire or commercial use, or when used to

transport recreational vehicles or boats and it is not for hire or commercial use.

n. Any vehicle which is driven or moved upon a highway only for the purpose of

crossing the highway from one property to another. The crossing must be made

at an angle of approximately ninety degrees to the direction of the highway.

o. Passenger motor vehicles, house cars, or pickup trucks not exceeding twenty

thousand pounds [9071.84 kilograms] registered gross weight owned and

operated by a resident who, while serving in the United States armed forces, was

a prisoner of war and has received an honorable discharge from the United

States armed forces is entitled to display a distinctive license plate issued by the

department. This exemption also applies to any passenger motor vehicle, house

car, or pickup truck not exceeding twenty thousand pounds [9071.84 kilograms]

registered gross weight subsequently purchased or acquired by such a former

prisoner of war. This exemption applies to no more than two motor vehicles

owned by a former prisoner of war at any one time. A surviving spouse of a

former prisoner of war who has not remarried retains the exemption of the

deceased veteran who qualified under this subdivision for one vehicle.

p. Motor vehicles not exceeding twenty-six thousand pounds [11793.40 kilograms]

registered gross weight owned and operated by a veteran who was awarded the

purple heart is entitled to a distinctive license plate issued by the department.

This exemption applies to one motor vehicle owned by a veteran who was

awarded the purple heart.
N.D. Cent. Code § 39-06.1-01 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-01
39-06.1-01. Definitions
Status: in_force

39-06.1-01. Definitions

As used in this title:

1. "Adjudication" and "admission" means an official determination, in the manner

provided by law, that a traffic violation has been committed by a named driver.

2. "Equivalent ordinance" means an ordinance of a city, state, or other jurisdiction which

is comparable to the cited statute and defines essentially the same offense, even if the

language of the ordinance differs or procedural points or methods of proof differ.

3. "Official" means a municipal judge or a magistrate or other qualified individual

appointed by the presiding judge of the judicial district to serve for all or part of the

judicial district.

4. "Points" means the number of demerits assigned to particular types of traffic violations.
N.D. Cent. Code § 39-27-08 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-08
39-27-08. Exhaust system - Prevention of noise
Status: in_force

39-27-08. Exhaust system - Prevention of noise

Motorcycles must be equipped with an exhaust system incorporating a muffler or other

mechanical device for the purpose of effectively reducing engine noise. Cutouts and bypasses

in the exhaust system are prohibited. The system must be leakproof and all components must

be securely attached to the vehicle and located so as not to interfere with the operation of the

motorcycle. Shielding must be provided to prevent inadvertent contact with the exhaust system

by the operator or passenger during normal operation. In addition, all motorcycles operating on

streets and highways must meet the noise decibel limitations as established by the

environmental protection agency. No person may sell, offer for sale, or install any noise

suppressing system or device which will produce noise in excess of the maximum allowable

decibel limitations of this section.
N.D. Cent. Code § 39-10-13 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-13
39-10-13. Limitations on overtaking on the left
Status: in_force

39-10-13. Limitations on overtaking on the left

No vehicle may be driven to the left side of the center of the roadway in overtaking and

passing another vehicle proceeding in the same direction unless such left side is clearly visible

and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and

passing to be completely made without interfering with the operation of any vehicle approaching

from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must

return to an authorized lane of travel as soon as practicable, and in the event the passing

movement involves the use of a lane authorized for vehicles approaching from the opposite

direction, before coming within two hundred feet [60.96 meters] of any approaching vehicle.
N.D. Cent. Code § 39-04-10.8 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.8
39-04-10.8. National guard number plates
Status: in_force

39-04-10.8. National guard number plates

The director, in cooperation with the adjutant general, shall issue distinctive number plates

to members of the national guard. A plate issued under this section must bear the national guard

insignia designated by the adjutant general and the letters "NG" before the number. The director

may issue the plates to the owner of a passenger motor vehicle, a truck the registered gross

weight of which does not exceed twenty thousand pounds [9071.84 kilograms], or a motorcycle.

On request of the director, the adjutant general shall certify those members of the national guard

eligible to receive the plates. On payment of all other fees required under this chapter for

registration of the motor vehicle, and payment of an additional fee of not more than five dollars

to cover the cost of issuing the distinctive number plates, the applicant is entitled to issuance of

the distinctive number plates. A registrant is eligible for distinctive number plates under this

section if the registrant is a member of the national guard or if the registrant has retired from the

national guard after twenty years or more of military service. On termination of the registrant's

eligibility, the registrant shall return the distinctive number plates to the director, who shall

reissue for a fee of not more than five dollars another number plate to which that registrant is

entitled under this chapter. The director and adjutant general shall cooperate in establishing

procedures to implement this section.
N.D. Cent. Code § 39-03.1-20 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-20
39-03.1-20. Payments upon death
Status: repealed

39-03.1-20. Payments upon death

Repealed by S.L. 1965, ch. 269, § 9.
N.D. Cent. Code § 39-32-02 — ND Code / Title 39 / Chapter 39-32 / Section 39-32-02
39-32-02. Intrastate exemptions from hours of service regulations
Status: in_force

39-32-02. Intrastate exemptions from hours of service regulations

1. The following intrastate drivers are not subject to hours of service regulations:

a. A driver of an authorized emergency vehicle;

b. A driver who operates a motor vehicle in intrastate commerce if the gross vehicle

weight, gross vehicle weight rating, gross combination weight, and gross

combination weight rating are less than twenty-six thousand one pounds

[11793.86 kilograms] unless the vehicle is used to transport hazardous materials

requiring a placard, the vehicle is designed to transport more than eight

passengers, including the driver, for compensation, or the vehicle is designed or

used to transport sixteen or more people, including the driver not for

compensation; or

c. A driver of a tow truck operating at the request of a law enforcement officer.

2. Except for a driver included in subsection 1, a motor carrier may not permit or require

any intrastate driver to drive and an intrastate driver may not drive:

a. More than twelve cumulative hours following ten consecutive hours off duty;

b. For any period after the end of the sixteenth hour after coming on duty following

ten consecutive hours off duty; or

c. After having been on duty for seventy hours in any period of seven consecutive

days.

3. Hours of service limitations do not apply to an intrastate driver operating a commercial

vehicle to provide emergency relief during an emergency declared by the governor.

Under this subsection, an emergency is the result of any natural activities, including a

tornado, windstorm, thunderstorm, snowstorm, ice storm, blizzard, drought, mudslide,

flood, high water, earthquake, forest fire, explosion, blackout, or other occurrence,

natural or manmade, which interrupts delivery of essential services, such as electricity,

medical care, sewer, water, telecommunications transmissions, or essential supplies,

such as food and fuels, or otherwise threatens human life or public welfare.

4. Hours of service limitations do not apply to an intrastate driver transporting agricultural

commodities or farm supplies, including farm equipment or machinery, for agricultural

purposes in this state during planting and harvesting seasons from January first

through December thirty-first, if the transportation is limited to an area within a

one hundred fifty air-mile radius from the source of the commodities or the distribution

point for the farm supplies.

5. An intrastate driver is exempt from maintaining a record of duty status if:

a. The driver operates within a one hundred fifty air-mile radius from the driver's

normal work-reporting location or from the official worksite of the vehicle;

b. The driver, except for a driver salesperson, returns to the work-reporting location

and is released from work within fourteen consecutive hours;

c. At least ten consecutive hours off duty separate each fourteen hours on duty; and

d. The motor carrier maintains and retains for a period of six months accurate time

records showing the time the driver reports for duty and is released from duty

each day.
N.D. Cent. Code § 39-06-47 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-47
39-06-47. Renting motor vehicle - License inspection
Status: in_force

39-06-47. Renting motor vehicle - License inspection

A person may not rent a motor vehicle to another individual until the lessor has inspected

the operator's license of the individual to whom the vehicle is to be rented, or of the individual by

whom the vehicle shall be driven, and compared and verified the signature on the operator's

license with the signature of the individual written in the lessor's presence.
N.D. Cent. Code § 39-09-04 — ND Code / Title 39 / Chapter 39-09 / Section 39-09-04
39-09-04. Alteration of maximum speed limits on state highways
Status: in_force

39-09-04. Alteration of maximum speed limits on state highways

The maximum speed limits specified in section 39-09-02 may be altered on all or any part of

the state highway system by an administrative order by the director after holding a public

hearing. The determination must be based on engineering and traffic investigations with primary

consideration given to the establishment of reasonable and safe speeds, highway conditions,

enforcement, and the general welfare. Speed limits established under this section are effective

only when appropriate signs giving notice are erected and the maximum speed limits may be

declared effective at all times or at the times indicated on the signs. Differing limits may be

established by the director for different times of the day, different types of vehicles, varying

weather conditions, and other factors bearing on safe speeds. Differing limits are effective when

posted on appropriate fixed or variable signs. An administrative order is not required to lower

maximum speed limits temporarily due to unsafe conditions.
N.D. Cent. Code § 39-01-09 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-09
39-01-09. Parking meters prohibited
Status: in_force

39-01-09. Parking meters prohibited

It is unlawful for the state of North Dakota, its political subdivisions, counties, cities, and the

state department of transportation to establish and maintain any mechanical device or devices

known as "parking meters", or by whatever name designated, requiring the deposit therein of

coins or tokens for the privilege of parking cars or other vehicles upon the streets and highways

in the state of North Dakota. Any and all ordinances and resolutions now existing authorizing the

establishment and maintenance of such mechanical devices or parking meters, or by whatever

name designated, are hereby declared null and void.
N.D. Cent. Code § 39-03-01 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-01
39-03-01. Definitions
Status: in_force

39-03-01. Definitions

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

1. "Assistant superintendent" means the assistant highway patrol superintendent.

2. "Superintendent" means the state highway patrol superintendent.

3. "Troopers" means the members of the highway patrol including the superintendent and

the assistant superintendent.
N.D. Cent. Code § 39-07-12 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-12
39-07-12. Garages to report
Status: in_force

39-07-12. Garages to report

The person in charge of any garage or repair shop to which is brought any motor vehicle

which shows evidence of having been involved in a reportable accident as provided in section

39-08-09 or of being struck by any bullet shall report or cause a report to be made to a police

officer within twenty-four hours after such motor vehicle is received, and before any repairs are

made to such vehicle, giving the registration number, and the name and address of the owner,

operator, or person in control of such vehicle with a description of the location and type of

damage to the vehicle, or any missing parts, if the vehicle does not have a sticker on a window

thereof issued by a police officer, sheriff, or highway patrol trooper, bearing information to show

that the accident in which the vehicle was involved has been investigated. The police officer

investigating any reportable accident shall attach a sticker to the window of any damaged

vehicle showing that the accident in which such vehicle was involved has been investigated. If

the vehicle does bear such a sticker, the garage or repair shop need not make the report this

section requires and may begin repairs immediately. After repairs have been made and before

the vehicle is released, the sticker provided herein must be removed.
N.D. Cent. Code § 39-10.1-04 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-04
39-10.1-04. Clinging to vehicle
Status: in_force

39-10.1-04. Clinging to vehicle

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the

same or the person's self to any vehicle upon a roadway, except a sled being pulled by a

snowmobile.
N.D. Cent. Code § 39-19-03 — ND Code / Title 39 / Chapter 39-19 / Section 39-19-03
39-19-03. Reciprocal use of highways
Status: in_force

39-19-03. Reciprocal use of highways

No person may operate a vehicle upon the highways of this state unless the driver is

licensed to operate a motor vehicle in this state or under a reciprocal agreement, arrangement,

or declaration, has paid the mile tax in lieu of registration, or has complied with the requirements

of a reciprocity agreement, arrangement, or declaration executed as provided in section

39-19-01.
N.D. Cent. Code § 39-10-56 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-56
39-10-56. Coasting prohibited
Status: in_force

39-10-56. Coasting prohibited

1. The driver of any motor vehicle when traveling upon a downgrade may not coast with

the gears or transmission of such vehicle in neutral.

2. The driver of a truck or bus when traveling upon a downgrade may not coast with the

clutch disengaged.
N.D. Cent. Code § 39-21-03 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-03
39-21-03. Headlamps on motor vehicle
Status: in_force

39-21-03. Headlamps on motor vehicle

1. Every motor vehicle must be equipped with at least two headlamps with at least one

on each side of the front of the motor vehicle, which headlamps must comply with the

requirements and limitations set forth in this chapter.

2. Every headlamp upon every motor vehicle must be located at a height measured from

the center of the headlamp of not more than fifty-four inches [137.16 centimeters] nor

less than twenty-four inches [60.96 centimeters] to be measured as set forth in

subsection 2 of section 39-21-02.
N.D. Cent. Code § 39-06-31 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-31
39-06-31. Revocation of licenses
Status: in_force

39-06-31. Revocation of licenses

1. A period of revocation is at least thirty days and not more than one year, unless

otherwise provided by law.

2. The director shall revoke for a period of one year or for a period as may be

recommended by the trial court, the operator's license of an individual upon receiving a

record of the individual's conviction of any of the following offenses:

a. A felony in which a motor vehicle was used in the commission of the felony.

b. A misdemeanor resulting from the operation of a motor vehicle and causing

serious bodily injury, as defined in section 12.1-01-04, to another individual.

c. The making of a false affidavit or statement under oath to the director under this

chapter or under any other law relating to the ownership or operation of motor

vehicles.

3. The revocation of the license under this section may be beyond any time of

imprisonment or court-ordered addiction treatment.
N.D. Cent. Code § 39-03-04 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-04
39-03-04. Qualifications of troopers - Veterans have preference
Status: in_force

39-03-04. Qualifications of troopers - Veterans have preference

No person may be appointed as a trooper unless the person has all of the following

qualifications:

1. Has passed such physical examination and such other qualification test as may be

required by the superintendent.

2. Is of good moral character and temperate habits.

3. Has been a citizen of the United States for not less than two years prior to the

appointment.

Preference for appointment must be given at all times to honorably discharged veterans and

citizens of the state of North Dakota, and all appointments must be made without regard to any

political party affiliation of the applicant.
N.D. Cent. Code § 39-16-20 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-20
39-16-20. Motor vehicle liability policy
Status: repealed

39-16-20. Motor vehicle liability policy

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-31-01 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-01
39-31-01. Common household goods carrier defined
Status: in_force

39-31-01. Common household goods carrier defined

In this chapter, unless the context otherwise requires, "common household goods carrier"

means any person that holds oneself out to the public as willing to undertake for hire to

transport by motor vehicle from place to place the household goods of others who may choose

to employ that person.
N.D. Cent. Code § 39-22-22 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-22
39-22-22. Operators of motor vehicle display lots - Permit required - Fee - Records required - Penalty
Status: in_force

39-22-22. Operators of motor vehicle display lots - Permit required - Fee - Records

required - Penalty.

1. A person not licensed as a motor vehicle dealer may operate display lots on which the

owner of a vehicle may display the vehicle for sale. The display lot must be located on

property zoned or otherwise approved for this purpose by the appropriate zoning

authority. The display lot operator must obtain an annual permit from the department to

operate the lot. The annual fee for the permit is fifty dollars.

2. The display lot operator must provide the department with proof of a liability insurance

policy with a minimum coverage of three hundred thousand dollars. The display lot

must have a prominent sign identifying the business and the telephone number of the

business owner. The sign must be at least thirty-two square feet [2.97 square meters]

in size, contain the name of the display lot operator in letters at least ten inches [25.4

centimeters] high, and be clearly visible from the street.

3. The display lot operator, before providing space to a vehicle owner, must verify that the

person renting the space is the owner of the displayed vehicle and keep records for at

least one year after the rental of a space verifying compliance with this requirement. A

licensed motor vehicle dealer may not operate a display lot on property that is part of

the licensed dealership. The department may inspect the records of the display lot

operator related to any complaint made against the operator.

4. The department may assess a person violating this section a one hundred dollar fee

for a first violation, a two hundred dollar fee for a second violation within two years of

the first violation, or 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 § 39-30-01 — ND Code / Title 39 / Chapter 39-30 / Section 39-30-01
39-30-01. Definitions
Status: in_force

39-30-01. Definitions

As used in this chapter, unless the context or subject matter otherwise requires:

1. "Chop shop" means any building, lot, or other premises where one or more persons

knowingly, as defined by section 12.1-02-02, engage in altering, destroying,

disassembling, dismantling, reassembling, or storing any motor vehicle, or motor

vehicle part known to be illegally obtained by theft, fraud, or conspiracy to defraud, in

order to either:

a. Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate, or remove the

identity, including the vehicle identification number of the motor vehicle or motor

vehicle part, in order to misrepresent the identity of the motor vehicle or motor

vehicle part, or to prevent the identification of the motor vehicle or motor vehicle

part; or

b. Sell or dispose of the motor vehicle or motor vehicle part.

2. "Motor vehicle" includes every device in, upon, or by which any person or property is

or may be transported or drawn upon a highway, which is self-propelled or which may

be connected to and towed by a self-propelled device, and includes any and all other

land-based devices that are self-propelled but which are not designed for use upon a

highway, including farm machinery and construction equipment.

3. "Person" includes a natural person, company, corporation, limited liability company,

unincorporated association, partnership, professional corporation, professional limited

liability company, and any other legal entity.

4. "Unidentifiable" means that the uniqueness of a motor vehicle or motor vehicle part

cannot be established by either expert law enforcement investigative personnel

specially trained and experienced in motor vehicle theft investigative procedures and

motor vehicle identification examination techniques, or by expert employees of

not-for-profit motor vehicle theft prevention agencies specially trained and experienced

in motor vehicle theft investigation procedures and motor vehicle identification

examination techniques.

5. "Vehicle identification number" means a number or numbers, a letter or letters, a

character or characters, a datum or data, a derivative or derivatives, or a combination

or combinations thereof, used by the manufacturer or the department of transportation

for the purposes of uniquely identifying a motor vehicle or motor vehicle part. The term

includes a number or numbers, a letter or letters, a character or characters, a datum or

data, a derivative or derivatives, or a combination or combinations thereof.
N.D. Cent. Code § 39-03.1-25 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-25
39-03.1-25. Fraud - Correction of errors
Status: in_force

39-03.1-25. Fraud - Correction of errors

No person may knowingly make any false statement, or may falsify or permit to be falsified

any record or records of the retirement system herein established in any attempt to defraud

such system. Should any such change in records fraudulently made or any mistake in records

inadvertently made result in any contributor or other beneficiary receiving more or less than the

person would have been entitled to had the records been correct, then, on the discovery of such

error, the board shall correct such error and shall adjust the payments which shall be made to

the contributor in such manner that the benefit to which the contributor was correctly entitled

shall be paid.
N.D. Cent. Code § 39-10-11 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-11
39-10-11. Overtaking a vehicle on the left
Status: in_force

39-10-11. Overtaking a vehicle on the left

The following rules govern the overtaking and passing of vehicles proceeding in the same

direction, subject to those limitations, exceptions, and special rules hereinafter stated:

1. The driver of a vehicle overtaking another vehicle proceeding in the same direction

shall pass to the left thereof at a safe distance and may not again drive to the right

side of the roadway until safely clear of the overtaken vehicle.

2. Except when overtaking and passing on the right is permitted, the driver of an

overtaken vehicle shall give way to the right in favor of the overtaking vehicle on

audible signal and may not increase the speed of that driver's vehicle until completely

passed by the overtaking vehicle.
N.D. Cent. Code § 39-04-38 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-38
39-04-38. Taxes or fees provided for to be in lieu of other state or local personal property taxes
Status: in_force

39-04-38. Taxes or fees provided for to be in lieu of other state or local personal

property taxes.

The taxes or fees provided for in this chapter are in lieu of all other personal property taxes,

either state or local, upon such motor vehicles and upon any trailer or semitrailer for which a

certificate of title is required to be issued and has been issued pursuant to the provisions of
N.D. Cent. Code § 39-34-04 — ND Code / Title 39 / Chapter 39-34 / Section 39-34-04
39-34-04. Personally identifiable information
Status: in_force

39-34-04. Personally identifiable information

A transportation network company or delivery network company may not disclose any

personally identifiable information of a transportation network company passenger or delivery

network company customer, except pursuant to the publicly disclosed terms of the

transportation network company's or delivery network company's privacy policy. For any other

disclosure not governed by the privacy policy, the transportation network company or delivery

network company must obtain the passenger's consent before the company may disclose the

passenger's or customer's personally identifiable information.
N.D. Cent. Code § 39-03.1-23 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-23
39-03.1-23. Exemptions from taxes and executions
Status: repealed

39-03.1-23. Exemptions from taxes and executions

Repealed by S.L. 1987, ch. 386, § 2.
N.D. Cent. Code § 39-13-04 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-04
39-13-04. Traffic signs erected by unauthorized persons prohibited - Traffic signs containing advertising prohibited
Status: repealed

39-13-04. Traffic signs erected by unauthorized persons prohibited - Traffic signs

containing advertising prohibited.

Repealed by S.L. 1975, ch. 347, § 25.
N.D. Cent. Code § 39-05-18 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-18
39-05-18. Forwarding certificate of title to department not required when transferee is dealer - Exception
Status: repealed

39-05-18. Forwarding certificate of title to department not required when transferee is

dealer - Exception.

Repealed by S.L. 1951, ch. 250, § 2.
N.D. Cent. Code § 39-10-26 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-26
39-10-26. Vehicle to stop or yield the right of way for authorized emergency vehicle or vehicle used for maintaining the state highway system - Penalty
Status: in_force

39-10-26. Vehicle to stop or yield the right of way for authorized emergency vehicle or

vehicle used for maintaining the state highway system - Penalty.

1. Upon the immediate approach of an authorized emergency vehicle displaying a visible

flashing, revolving, or rotating blue, white, or red light, the driver of every other vehicle

shall yield the right of way and shall immediately drive to a position parallel to, and as

close as possible to, the right-hand edge or curb of the roadway clear of any

intersection and shall stop and remain in that position until the authorized emergency

vehicle has passed, except when otherwise directed by a police officer.

2. If an authorized emergency vehicle is parked or stopped at the scene of an emergency

and is displaying a flashing, revolving, or rotating blue, white, or red light, approaching

traffic shall move to the right-hand edge or curb of the roadway and shall stop, but

once having stopped, traffic may proceed past the scene at its own risk when the

roadway is clear, except when otherwise directed by a police officer. If an authorized

emergency vehicle is otherwise parked or stopped on the interstate system, or on a

multilane highway outside the limits of a city, and the authorized emergency vehicle is

displaying a flashing, revolving, or rotating amber, blue, white, or red light, the driver of

an approaching vehicle shall proceed with caution and yield the right of way by moving

to a lane that is not adjacent to the authorized emergency 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.

3. If a vehicle operated by or under the control of the director used for maintaining the

state highway system is parked or stopped on the interstate system or on a multilane

highway outside the limits of a city, and the vehicle is displaying a flashing, revolving,

or rotating amber or white light, the driver of an approaching vehicle shall proceed with

caution and yield the right of way by moving to a lane that is not adjacent to the 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.

4. This section does not operate to relieve the driver of an authorized emergency vehicle

or a vehicle operated by or under the control of the director used for maintaining the

state highway system from the duty to drive with due regard for the safety of all

persons using the highway.

5. a. Any individual who violates subsection 2 and causes an accident with an

authorized emergency vehicle while the authorized emergency vehicle is

displaying a visible flashing, revolving, or rotating amber, blue, white, or red light

is guilty of an infraction.

b. An individual who violates subsection 3 and causes an accident with a vehicle

operated by or under the control of the director used for maintaining the state

highway system while the vehicle is displaying a visible flashing, revolving, or

rotating amber or white light is guilty of an infraction.
N.D. Cent. Code § 39-16-11 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-11
39-16-11. Record not admissible as evidence
Status: in_force

39-16-11. Record not admissible as evidence

Neither the report required, the action taken by the director pursuant to this chapter, the

findings, if any, of the director upon which action is based, nor the security filed, nor the

insurance carried or furnished as provided in this chapter may be referred to in any way, nor be

any evidence of the negligence or due care of either party, at the trial of any action at law to

recover damages.
N.D. Cent. Code § 39-22-07 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-07
39-22-07. Dealer permitting license to be used by another dealer - License revoked - Penalty
Status: repealed

39-22-07. Dealer permitting license to be used by another dealer - License revoked -

Penalty.

Repealed by S.L. 2001, ch. 337, § 19.
N.D. Cent. Code § 39-12-06 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-06
39-12-06. Limitations on extending of load beyond side of motor vehicle
Status: in_force

39-12-06. Limitations on extending of load beyond side of motor vehicle

No motor vehicle carrying any load beyond the lines of the left fenders of such vehicle nor

extending more than twelve inches [30.48 centimeters] beyond the line of the fenders on the

right side of such vehicle may be operated on the highways, except as permitted by section
N.D. Cent. Code § 39-22-07.1 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-07.1
39-22-07.1. Motor vehicle sales prohibited on Sunday - Penalty
Status: in_force

39-22-07.1. Motor vehicle sales prohibited on Sunday - Penalty

A motor vehicle dealer may not sell a motor vehicle on Sunday. A violation of this section is

a class B misdemeanor.
N.D. Cent. Code § 39-06-51 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-51
39-06-51. License to carry warnings and convictions
Status: repealed

39-06-51. License to carry warnings and convictions

Repealed by S.L. 1975, ch. 338, § 1.
N.D. Cent. Code § 39-03-08 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-08
39-03-08. Manner of paying salaries, wages, and expenses of highway patrol
Status: in_force

39-03-08. Manner of paying salaries, wages, and expenses of highway patrol

All salaries, wages, and other expenses of the highway patrol must be paid by the office of

management and budget and state treasurer out of the patrol fund, upon vouchers required by

law for the payment of all state expenses, duly approved by the superintendent, and audited

and allowed by the office of the budget.
N.D. Cent. Code § 39-06-52 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-52
39-06-52. Veteran indicator on license
Status: repealed

39-06-52. Veteran indicator on license

Repealed by S.L. 2013, ch. 291, § 62.
N.D. Cent. Code § 39-10.1-05 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-05
39-10.1-05. Riding on roadway and bicycle path
Status: in_force

39-10.1-05. Riding on roadway and bicycle path

1. An individual operating a bicycle upon a roadway shall ride as near to the right side of

the roadway as practicable, exercising due care when passing a standing vehicle or

one proceeding in the same direction.

2. A group of individuals riding bicycles upon a roadway may not ride more than two

abreast, except on paths or parts of roadways set aside for the exclusive use of

bicycles.
N.D. Cent. Code § 39-29.1-05 — ND Code / Title 39 / Chapter 39-29.1 / Section 39-29.1-05
39-29.1-05. Exemption from registration - Exemption from fees
Status: in_force

39-29.1-05. Exemption from registration - Exemption from fees

1. Registration and payment of fees is not required of:

a. A low-speed vehicle owned and used by the United States or another state or its

political subdivisions.

b. A low-speed vehicle registered in a foreign country and temporarily used in this

state.

c. A low-speed vehicle validly licensed in another state and which has not been in

this state for more than thirty consecutive days.

d. A low-speed vehicle used exclusively for work on private agricultural land or on

an industrial jobsite on private land.

2. A low-speed vehicle owned by this state or any of its political subdivisions are exempt

from registration fees for low-speed vehicles.
N.D. Cent. Code § 39-08-03 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-03
39-08-03. Reckless driving - Aggravated reckless driving - Penalty
Status: in_force

39-08-03. Reckless driving - Aggravated reckless driving - Penalty

Any person is guilty of reckless driving if the person drives a vehicle:

1. Recklessly in disregard of the rights or safety of others; or

2. Without due caution and circumspection and at a speed or in a manner so as to

endanger or be likely to endanger any person or the property of another.

Except as otherwise herein provided, any person violating the provisions of this section is guilty

of a class B misdemeanor. Any person who, by reason of reckless driving as herein defined,

causes and inflicts injury upon the person of another, is guilty of aggravated reckless driving,

and is guilty of a class A misdemeanor.
N.D. Cent. Code § 39-16-03.1 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-03.1
39-16-03.1. Entries on driver's record abstract confidential
Status: in_force

39-16-03.1. Entries on driver's record abstract confidential

Notwithstanding any other provision of this chapter, the following entries on a driver's record

or abstract are not available to the public, except for statistical purposes, other than by order of

a court of competent jurisdiction accompanied by a fee of twenty-five dollars:

1. An entry more than three years old.

2. After the period of suspension ceases, an entry concerning a suspension under

subsection 3, 4, 5, or 6 of section 39-06-03 or subsection 2, 5, or 6 of section

39-06-32.

3. An entry concerning a suspension as the result of a person under twenty-one years of

age who has an alcohol concentration of at least two one-hundredths of one percent

but under eight one-hundredths of one percent by weight within two hours after driving

or being in actual physical control of a vehicle.
N.D. Cent. Code § 39-04-35 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-35
39-04-35. Dealer to file list of used cars with registrar - Fees paid on used cars by dealer
Status: repealed

39-04-35. Dealer to file list of used cars with registrar - Fees paid on used cars by

dealer.

Repealed by S.L. 1963, ch. 285, § 14.
N.D. Cent. Code § 39-18-02.1 — ND Code / Title 39 / Chapter 39-18 / Section 39-18-02.1
39-18-02.1. Disposition of fees
Status: in_force

39-18-02.1. Disposition of fees

Fees from registration of dealers must be deposited with the state treasurer and credited to

the highway tax distribution fund.
N.D. Cent. Code § 39-04-51 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-51
39-04-51. Penalties
Status: repealed

39-04-51. Penalties

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-10-29 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-29
39-10-29. Crossing at other than crosswalk
Status: in_force

39-10-29. Crossing at other than crosswalk

1. Every pedestrian crossing a roadway at any point other than within a marked

crosswalk or within an unmarked crosswalk at an intersection shall yield the right of

way to all vehicles upon the roadway.

2. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead

pedestrian crossing has been provided shall yield the right of way to all vehicles upon

the roadway.

3. Between adjacent intersections at which traffic-control devices are in operation,

pedestrians may not cross at any place except in a marked crosswalk.

4. No pedestrian may cross a roadway intersection diagonally unless authorized by

official traffic-control devices; and, when authorized to cross diagonally, pedestrians

shall cross only in accordance with the official traffic-control devices pertaining to such

crossing movements.
N.D. Cent. Code § 39-01-10 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-10
39-01-10. Proof of payment of registration fees and taxes
Status: in_force

39-01-10. Proof of payment of registration fees and taxes

The director of the department of transportation may require all owners or operators of

motor vehicles using the highways of this state or registered in this state to show proof of the

payment of all proper taxes and registration fees upon such motor vehicles.
N.D. Cent. Code § 39-01-08.2 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-08.2
39-01-08.2. Senior citizens group motor vehicle - Availability of coverage under state policies
Status: in_force

39-01-08.2. Senior citizens group motor vehicle - Availability of coverage under state

policies.

Except as otherwise provided in this section, any insurance policy providing coverage of

state-owned motor vehicles must provide, at the request of a senior citizens group prior to the

issuance or renewal of the policy, for the inclusion of buses, vans, or other motor vehicles used

by the senior citizens group to transport members. The state agency negotiating the insurance

policy may require payment by a senior citizens group for any increase in the premium rate

charged to the state agency which is attributable to the coverage provided to that senior citizens

group. The state agency shall provide by rule for the payment by the senior citizens group of the

premium portion attributable to the group's coverage under the policy. The state agency may

refuse to provide coverage to a senior citizens group if the coverage would hinder the ability of

or not allow the state to obtain insurance.
N.D. Cent. Code § 39-22-13 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-13
39-22-13. Penalty for violation of chapter
Status: in_force

39-22-13. Penalty for violation of chapter

Any person violating any of the provisions of this chapter for which another penalty is not

specifically provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 39-18-07 — ND Code / Title 39 / Chapter 39-18 / Section 39-18-07
39-18-07. Penalty
Status: in_force

39-18-07. Penalty

Any person violating a provision of this chapter for which a penalty is not specifically

provided is guilty of a class B misdemeanor.
N.D. Cent. Code § 39-04-31.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-31.1
39-04-31.1. Imposing fees in lieu of truck-mile tax
Status: repealed

39-04-31.1. Imposing fees in lieu of truck-mile tax

Repealed by omission from S.L. 1959, ch. 289, § 15.
N.D. Cent. Code § 39-27-14 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-14
39-27-14. Glazing
Status: in_force

39-27-14. Glazing

When equipped, all motorcycle windscreens and windshields must meet the following

standards:

1. The glazing material must comply with the standards promulgated by rule of the

director.

2. The metal support must be of a material which bends rather than fragments under

impact.

3. Covering material, other than glazing, must be beaded at the edges to prevent fraying.
N.D. Cent. Code § 39-22-05 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-05
39-22-05. Bond required
Status: in_force

39-22-05. Bond required

Before the issuance of a motor vehicle 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 bond must run to the state of North Dakota, be in the amount of twenty-five

thousand dollars and be conditioned upon the faithful compliance by the applicant as a dealer, if

the license is issued to the dealer, that such dealer will comply with all of the statutes of the

state of North Dakota regulating or being applicable to the business of the dealer as a dealer in

motor vehicles, and indemnifying any person dealing or transacting business with the dealer in

connection with any motor vehicle from any loss or damage occasioned by the failure of the

dealer to comply with any of the provisions of this title, including the furnishing of a proper and

valid certificate of title to the motor vehicle involved in any such transaction, and that the bond

shall be filed with the director prior to the issuance of license provided by law. The aggregate

liability of the surety of all persons, however, may in no event 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 the proceedings. 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 thereafter arising. 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 § 39-04-12 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-12
39-04-12. Contents of number plates - Size of letters and numerals on plates - Reflectorized - Tabs or stickers
Status: in_force

39-04-12. Contents of number plates - Size of letters and numerals on plates -

Reflectorized - Tabs or stickers.

1. Number plates must be of metal or other suitable material bearing the name of the

state, either in full or by abbreviation, the number of the year, the slogan "Peace

Garden State" and a distinctive number for assignment to each vehicle. The distinctive

number may be in figures or a combination of figures and letters and must be of a size

clearly distinguishable by law enforcement officers and individuals generally. To reduce

highway accidents at night all number plates and temporary registration permits must

be legible for a minimum distance of one hundred feet [30.48 meters] to an

approaching motorist by day or night with lawful headlight beams and without other

illumination. Each plate must be treated with a reflectorized material according to the

specifications prescribed by the department. The department shall furnish for each

annual registration a year plate, tab, or sticker to designate the year registration. The

plate, tab, or sticker must show the registration year for which issued, and is valid only

for that year.

2. The department may provide to an owner of a fleet of one hundred or more vehicles

number plates that are valid for as many as six consecutive years and that are exempt

from the requirements of evidence of annual validation. The registrant shall file with the

department a corporate surety bond in an amount the department determines to be

reasonable and adequate, and conditioned that the owner will pay the annual fee at

the beginning of each annual registration period for which the number plates are valid.
N.D. Cent. Code § 39-29-07 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-07
39-29-07. Licensing by political subdivisions
Status: in_force

39-29-07. Licensing by political subdivisions

Political subdivisions of this state may not require licensing or registration of off-highway

vehicles.
N.D. Cent. Code § 39-12-13 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-13
39-12-13. Impounding notice - Perishables
Status: in_force

39-12-13. Impounding notice - Perishables

The impounding officer shall notify the owner or owners, if they can be found, by wire or

telephone, of the impoundment and the charges involved. If the cargo consists of perishables,

the impounding officer shall use reasonable diligence in assisting the operator or owner in

finding suitable storage facilities for such perishables, but all risk of loss or damage to such

perishables must be upon the owner, operator, or lessee of such vehicle.
N.D. Cent. Code § 39-16-19 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-19
39-16-19. Nonresident owner
Status: repealed

39-16-19. Nonresident owner

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-06-32 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-32
39-06-32. Authority to suspend licenses
Status: in_force

39-06-32. Authority to suspend licenses

The director may suspend the operator's license of an individual, after hearing, upon

proof by a fair preponderance of the evidence, that any of the following apply to the licensee:

1. Commission of an offense for which mandatory revocation of license is required upon

conviction.

2. Incompetence to drive a motor vehicle.

3. Unlawful or fraudulent use of an operator's license.

4. Refusal to submit to an implied consent chemical test on an Indian reservation or in

another state. For purposes of this subsection, the specific requirements for

establishing a refusal used on the Indian reservation or in the other state may not be

considered, and photostatic copies of the records of the other jurisdiction's driver's

licensing authority are sufficient evidence of the refusal whether those copies are

certified. The suspension must be for the same length of time as the revocation in

section 39-20-04. If the refusal arose out of an arrest or stop of an individual while

operating a commercial motor vehicle, the period of suspension must be the same as

the period of revocation provided in section 39-06.2-10.

5. Failure, as shown by the certificate of the court, to pay a fine or serve any other

sentence as ordered by a court upon conviction for any criminal traffic offense.

6. Failure, as shown by the certificate of the court, to appear in court or post and forfeit

bond after signing a promise to appear, if signing is required by law, in violation of

section 39-06.1-04, willful violation of a written promise to appear in court, in violation

of section 39-07-08, or violation of equivalent ordinances or laws in another

jurisdiction. Upon resolution by the operator of the underlying cause for a suspension

under this subsection, as shown by the certificate of the court, the director shall record

the suspension separately on the driving record. This separate record is not available

to the public.

7. An administrative decision on an Indian reservation or in another state that the

licensee's privilege to drive on that Indian reservation or in that state is suspended or

revoked because of a violation of that Indian reservation's or state's law forbidding

motor vehicle operation with an alcohol concentration of at least eight one-hundredths

of one percent by weight or, with respect to a person under twenty-one years of age,

an alcohol concentration of at least two one-hundredths of one percent by weight, or

because of a violation of that Indian reservation's or state's law forbidding the driving

or being in actual physical control of a commercial motor vehicle while having an

alcohol concentration of at least four one-hundredths of one percent by weight. The

specific requirements for establishing the violation on the Indian reservation or in the

other state may not be considered and certified copies of the records of the Indian

reservation's or other state's driver's licensing authority are sufficient evidence of the

violation. The suspension must be for the same duration as the suspension in section

39-20-04.1, if the violation does not involve a commercial motor vehicle. If the violation

involves a commercial motor vehicle, the period of suspension must be the same as

the period of suspension provided in section 39-06.2-10. For purposes of this section,

originals, photostatic copies, or electronic transmissions of the records of the driver's

licensing or other authority of the other jurisdiction are sufficient evidence whether they

are certified copies.

8. Conviction of an offense under this title and it appears from the director's records that

the offense contributed to causing an accident which resulted in death or serious

personal injury or serious property damage. A suspension may not be imposed if the

individual has been sanctioned for the same offense under section 39-06-31.
N.D. Cent. Code § 39-21-20 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-20
39-21-20. Multiple-beam road-lighting equipment
Status: in_force

39-21-20. Multiple-beam road-lighting equipment

Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary

passing lamp or combination thereof on motor vehicles must be so arranged that the driver may

select at will between distributions of light projected to different elevations and these lamps may,

in addition, be so arranged that selection can be made automatically, subject to the following

limitations:

1. There must be an uppermost distribution of light, or composite beam, so aimed and of

sufficient intensity to reveal persons and vehicles at a distance of at least four hundred

fifty feet [137.16 meters] ahead for all conditions of loading.

2. There must be a lowermost distribution of light, or composite beam, so aimed and of

sufficient intensity to reveal persons and vehicles at a distance of at least one hundred

fifty feet [45.72 meters] ahead; and on a straight level road under any condition of

loading none of the high-intensity portion of the beam may be directed to strike the

eyes of an approaching driver.

3. Every new motor vehicle, registered in this state, which has multiple-beam

road-lighting equipment must be equipped with a beam indicator, which must be

lighted whenever the uppermost distribution of light from the headlamps is in use, and

may not otherwise be lighted. The indicator must be so designed and located that

when lighted it will be readily visible without glare to the driver of the vehicle so

equipped.
N.D. Cent. Code § 39-22-05.2 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-05.2
39-22-05.2. When bid bonds not required in bids to state or political subdivisions
Status: in_force

39-22-05.2. When bid bonds not required in bids to state or political subdivisions

A person who submits a bid to the state, any of its agencies, or any of its political

subdivisions to sell any type of motor vehicle is not required to submit a bidder's bond or a

certified or cashier's check if that person is already bonded pursuant to section 39-22-05. If the

buyer requires a performance bond, then within ten days of the awarding of the contract, the

successful bidder shall submit a performance bond to the appropriate state agency or political

subdivision in an amount equal to the contract price.
N.D. Cent. Code § 39-06-19 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-19
39-06-19. Expiration of license - Renewal
Status: in_force

39-06-19. Expiration of license - Renewal

1. Every operator's license issued under this chapter or chapter 39-06.2 expires and is

renewed according to this section.

2. The expiration date of a noncommercial operator's license for an individual whose birth

occurred in a year ending in an odd numeral is twelve midnight on the anniversary of

the birthday in the third subsequent year ending in an odd numeral, except for an

individual who, at the time of renewal, is seventy-eight years of age or older is twelve

midnight on the anniversary of the birthday in the second subsequent year ending in

an odd numeral. The expiration date of a noncommercial operator's license for an

individual whose birth occurred in a year ending in an even numeral is twelve midnight

on the anniversary of the birthday in the third subsequent year ending in an even

numeral, except for an individual who, at the time of renewal, is seventy-eight years of

age or older is twelve midnight on the anniversary of the birthday in the second

subsequent year ending in an even numeral.

3. The expiration date of a commercial operator's license for an individual whose birth

occurred in a year ending in an odd numeral is twelve midnight on the anniversary of

the birthday in the second subsequent year ending in an odd numeral. The expiration

date of a commercial operator's license for an individual whose birth occurred in a year

ending in an even numeral is twelve midnight on the anniversary of the birthday in the

second subsequent year ending in an even numeral.

4. An individual who has a valid, unexpired nonimmigrant visa or nonimmigrant visa

status for entry into the United States, a pending application for asylum in the United

States, a pending or approved application for temporary protected status in the United

States, approved deferred action status, or a pending application for adjustment of

status to that of an alien lawfully admitted for permanent residence or conditional

permanent residence status in the United States will be issued a temporary operator's

license or nondriver photo identification card. The temporary operator's license or

identification card is valid only during the period of time of the applicant's authorized

stay in the United States or, if there is no definite end to the period of authorized stay,

a period of one year. The license or card may be renewed only upon presentation of

valid documentary evidence that the status has been extended.

5. An applicant for renewal must present the application with the fee for renewal of

license to the director not before ten months prior to the expiration date of the

operator's license. The director may require an examination of an applicant as upon an

original application. The director may require an applicant for renewal or a substitute to

provide documentation that confirms to the satisfaction of the director the true identity,

date of birth, and legal presence of the applicant and provide a social security card or

other satisfactory evidence of a social security number and proof of residence

address, if not previously completed or if there are changes to the information already

on file. The director may not issue a distinguishing number that is, contains, can be

converted to, or is an encrypted version of the applicant's social security number.

6. The director may not renew an operator's license if the license has been suspended

under section 14-08.1-07. Upon the recommendation of the court, the director may

issue a temporary permit to the licensee under section 39-06.1-11 if the temporary

permit is necessary for the licensee to work and the court has determined the licensee

is making a good-faith effort to comply with the child support order.

7. An applicant for renewal of an operator's license must provide a certificate of

examination from the driver licensing or examining authorities or a statement as to the

corrected and uncorrected vision of the applicant from a licensed physician or an

optometrist, except as required under subsection 9. The director shall provide visual

examination equipment at each location where a license may be renewed.

8. An individual submitting an application and the fee for renewal of license one year or

more after the expiration of a license, except an applicant whose military service has

terminated less than thirty days prior to the application, must be treated as an initial

applicant.

9. A noncommercial applicant may apply by mail or electronically for renewal of a license

during every other renewal cycle, except as otherwise provided by subsection 10. The

director may use vision information provided by the applicant to meet vision

requirements for applicants under seventy years of age and adopt procedures

necessary to implement this subsection.

10. A noncommercial applicant for an operator's license may not renew by mail or

electronically if the applicant is seeking a new photo or changes to the information on

the face of the physical operator's license.
N.D. Cent. Code § 39-12-01 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-01
39-12-01. State and local authorities may classify highways as to weight and load capacities
Status: in_force

39-12-01. State and local authorities may classify highways as to weight and load

capacities.

The director, the board of county commissioners, and other appropriate bodies having

control of roads, may classify public highways and roads under their respective jurisdictions and

limitations as to the weight and load of vehicles thereon for such respective classifications must

be enforced as provided in section 39-12-07.
N.D. Cent. Code § 39-27-17.1 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-17.1
39-27-17.1. Headlamps on motorcycles
Status: in_force

39-27-17.1. Headlamps on motorcycles

1. The headlamp or headlamps upon every motor-driven cycle may be of the

single-beam or multiple-beam type.

2. Every headlamp or headlamps on a motor-driven cycle must be of sufficient intensity

to reveal a person or a vehicle at a distance of not less than one hundred feet [30.48

meters] when the motor-driven cycle is operated at any speed less than twenty-five

miles [40.23 kilometers] per hour and at a distance of not less than two hundred feet

[60.96 meters] when the motor-driven cycle is operated at a speed of twenty-five or

more miles [40.23 or more kilometers] per hour, and at a distance of not less than

three hundred feet [91.44 meters] when the motor-driven cycle is operated at a speed

of thirty-five miles [56.33 kilometers] per hour.

3. In the event the motor-driven cycle is equipped with a multiple-beam headlamp or

headlamps the upper beam must meet the minimum requirements set forth above and

may not exceed the limitations set forth in subsection 1 of section 39-21-20 and the

lowermost beam must meet the requirements applicable to a lowermost distribution of

light as set forth in subsection 2 of section 39-21-20.

4. In the event the motor-driven cycle is equipped with a single-beam lamp or lamps the

lamp or lamps must be so aimed that when the vehicle is loaded none of the

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

projects higher than the level of the center of the lamp from which it comes.
N.D. Cent. Code § 39-03.1-18 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-18
39-03.1-18. Compulsory termination of employment
Status: in_force

39-03.1-18. Compulsory termination of employment

A contributor who is at least the age of sixty years may not continue employment with the

patrol. The superintendent shall terminate the employment of such a member. The termination is

effective no later than the member's sixtieth birthday.
N.D. Cent. Code § 39-10-49 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-49
39-10-49. Stopping, standing, or parking prohibited in specified places
Status: in_force

39-10-49. Stopping, standing, or parking prohibited in specified places

No person may stop, stand, or park a vehicle, except when necessary to avoid conflict with

other traffic or in compliance with law or the directions of a police officer or traffic-control device,

in any of the following places:

1. On a sidewalk.

2. In front of a public or private driveway.

3. Within an intersection.

4. Within ten feet [3.05 meters] of a fire hydrant.

5. On a crosswalk.

6. Within ten feet [3.05 meters] of a crosswalk at an intersection.

7. Within fifteen feet [4.57 meters] upon the approach to any flashing beacon, stop sign,

or traffic-control signal located at the side of a roadway.

8. Between a safety zone and the adjacent curb or within fifteen feet [4.57 meters] of

points on the curb immediately opposite the ends of a safety zone, unless the

department or local authority indicates a different length by signs or markings.

9. Within fifteen feet [4.57 meters] of the nearest rail of a railroad crossing.

10. Within twenty feet [6.10 meters] of the driveway entrance to any fire station and on the

side of a street opposite the entrance to any fire station within seventy-five feet [22.86

meters] of said entrance when properly signposted.

11. Alongside or opposite any street excavation or obstruction when stopping, standing, or

parking would obstruct traffic.

12. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

13. Upon any bridge or other elevated structure upon a highway or within a highway

tunnel.

14. At any place where official signs prohibit stopping.

No person shall move a vehicle not lawfully under the person's control into any such prohibited

area or away from a curb such distance as is unlawful.
N.D. Cent. Code § 39-21-14 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-14
39-21-14. Lamps on parked vehicle
Status: in_force

39-21-14. Lamps on parked vehicle

1. Whenever a vehicle is lawfully parked upon a street or highway during the hours

between a half hour after sunset and a half hour before sunrise and in the event there

is sufficient light to reveal any person or object within a distance of one thousand feet

[304.8 meters] upon such street or highway, no lights need be displayed.

2. Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent

thereto, whether attended or unattended, during the hours between a half hour after

sunset and a half hour before sunrise and there is not sufficient light to reveal any

person or object within a distance of one thousand feet [304.8 meters] upon such

highway, the vehicle must be equipped with at least one lamp displaying a white or

amber light visible from a distance of one thousand feet [304.8 meters] to the front of

the vehicle. The same lamp or at least one other lamp must display a red light visible

from a distance of one thousand feet [304.8 meters] to the rear of the vehicle, and the

location of the lamp or lamps must always be such that at least one lamp or

combination of lamps meeting the requirements of this section is installed as near as

practicable to the side of the vehicle which is closest to passing traffic. Local

authorities may provide by ordinance that no lights need be displayed upon any motor

vehicle when parked upon a highway where the speed limit in effect does not exceed

thirty miles [48.28 kilometers] per hour in accordance with local ordinances or where

there is sufficient light to reveal any person within a distance of two hundred feet

[60.96 meters] upon such highway.

3. Any lighted headlamps upon a parked vehicle must be depressed or dimmed.
N.D. Cent. Code § 39-10-19 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-19
39-10-19. Driving on divided highway
Status: in_force

39-10-19. Driving on divided highway

Whenever any highway has been divided into two or more roadways by leaving an

intervening space or by a physical barrier or clearly indicated dividing section so constructed as

to impede vehicular traffic, every vehicle must be driven only upon the right-hand roadway,

unless directed or permitted to use another roadway by official traffic-control devices or police

officers. No vehicle may be driven over, across, or within any such dividing space, barrier, or

section, except through an opening in such physical barrier or dividing section or space or at a

crossover or intersection as established by public authority, unless such crossing is specifically

prohibited and such prohibition is indicated by appropriate traffic-control devices.
N.D. Cent. Code § 39-24.1-08 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-08
39-24.1-08. Interpretation of chemical tests
Status: in_force

39-24.1-08. Interpretation of chemical tests

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

committed by any individual while operating a snowmobile 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 a drug in that individual's body or an alcohol concentration of at

least ten one-hundredths of one percent by weight at the time of the performance of a

chemical test within two hours after operating a snowmobile is under the influence of

intoxicating liquor, drugs, or a combination thereof at the time of operating a

snowmobile.

2. 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.

3. The results of the chemical test 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 tests and determine the qualifications of individuals

to conduct such tests, and shall issue a certificate to every qualified operator. An

operator shall exhibit the certificate upon demand of the individual requested to take

the chemical test.

4. 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 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.

e. 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.

5. Copies of the state crime laboratory certified records referred to in subsections 3 and 4

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.

6. A certified copy of the analytical report of a blood or urine test 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 test performed under this chapter.

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

8. A signed statement from the individual medically qualified to draw the blood sample for

testing as set forth in subsection 3 is prima facie evidence that the blood sample was

properly drawn and no further foundation for the admission of this evidence may be

required.
N.D. Cent. Code § 39-10-07.2 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-07.2
39-10-07.2. Display of unauthorized signs, signals, or markings
Status: in_force

39-10-07.2. Display of unauthorized signs, signals, or markings

1. No person may place, maintain, or display upon or in view of any highway, any

unauthorized sign, signal, marking, or device which purports to be or is an imitation of

or resembles an official traffic-control device or railroad sign or signal, or which

attempts to direct the movement of traffic, or which hides from view or interferes with

the effectiveness of an official traffic-control device or any railroad sign or signal.

2. No person may place or maintain nor may any public authority permit upon any

highway any traffic sign or signal bearing thereon any commercial advertising.

3. This section may not be deemed to prohibit the erection upon private property

adjacent to highways of signs giving useful directional information and of a type that

cannot be mistaken for official signs.

4. Every such prohibited sign, signal, or marking is hereby declared to be a public

nuisance and the authority having jurisdiction over the highway is hereby empowered

to remove the same or cause it to be removed without notice when located on highway

right of way.

5. No person may place, maintain, or display upon or within the right of way of any

highway any sign, post, pole, mailbox, or signal which has a red lamp or red reflector

visible to traffic. The provisions of this subsection do not apply to official traffic devices,

lamps, or reflectors on motor vehicles or bicycles, or railroad signals or signs.

6. This section does not prohibit the use of portable battery-powered warning devices

emitting a flashing red light placed upon a highway to alert oncoming traffic to a

disabled or stopped motor vehicle.
N.D. Cent. Code § 39-22-25 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-25
39-22-25. Direct manufacturer sales prohibited - Penalty
Status: in_force

39-22-25. Direct manufacturer sales prohibited - Penalty

A manufacturer or franchiser may not offer to sell directly or sell indirectly, any new motor

vehicle to a consumer in this state, except through a new motor vehicle dealer holding a

franchise for the line make covering the new motor vehicle. This section does not apply to

manufacturer or franchiser sales of new motor vehicles to the federal government, charitable

organizations, or employees of the manufacturer or franchiser. Any person violating this section

is guilty of a class A misdemeanor.
N.D. Cent. Code § 39-08-16 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-16
39-08-16. Any incorporated city may require crash reports
Status: in_force

39-08-16. Any incorporated city may require crash reports

Any incorporated city or other municipality may by ordinance require that the driver of a

vehicle involved in a crash shall file with a designated city department a report of such crash or

a copy of any report herein required to be filed with the director. All such reports must be for the

confidential use of the city department and subject to the provisions of section 39-08-14.
N.D. Cent. Code § 39-16-08 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-08
39-16-08. Requirements of one not licensed
Status: in_force

39-16-08. Requirements of one not licensed

In case the driver or the owner of a motor vehicle involved in an accident within this state

has no license, the person may not be allowed a license until the person has complied with the

requirements of this chapter to the same extent that would be necessary if, at the time of the

accident, the person had held a license.