N.D. Cent. Code § 39-01-15 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-15
39-01-15. Parking privileges for mobility impaired - Certificate - Revocation - Continuing appropriation - Penalty
Status: repealed

39-01-15. Parking privileges for mobility impaired - Certificate - Revocation -

Continuing appropriation - Penalty.

1. A mobility-impaired individual who displays prominently upon a motor vehicle parked

by that individual or under that individual's direction and for that individual's use, the

distinguishing certificate specified in subsection 4, license plates issued under section

39-04-10.2, or a disabled veteran plate issued under subdivision j of subsection 2 of

section 39-04-18 is entitled to courtesy in the parking of the motor vehicle. However,

any municipality may prohibit, by ordinance, parking on any highway for the purpose of

creating a fire lane or to provide for the accommodation of heavy traffic during morning

and afternoon rush hours. The privileges extended to a mobility-impaired individual do

not apply on a highway if parking is prohibited.

2. A mobility-impaired individual as used in this section includes an individual who uses

portable oxygen; requires personal assistance or the use of crutches, a wheelchair, or

a walker to walk two hundred feet [60.96 meters] without rest; is restricted by cardiac,

pulmonary, or vascular disease from walking two hundred feet [60.96 meters] without

rest; has a forced expiratory volume of less than one liter for one second or an arterial

oxygen tension of less than sixty millimeters of mercury on room air while at rest and is

classified III or IV by standards for cardiac disease set by the American heart

association; has an orthopedic, neurologic, or other medical condition that makes it

impossible for the person to walk two hundred feet [60.96 meters] without assistance

or rest; or is a disabled veteran issued a plate under subdivision j of subsection 2 of

section 39-04-18.

3. Repealed by S.L. 1989, ch. 319, § 6.

4. The director may issue a special identifying certificate to any mobility-impaired

applicant upon submission by the applicant of a completed application and a written or

electronic statement issued by a qualified physician, physician assistant, chiropractor,

physical therapist, or an advanced practice registered nurse to the director that the

applicant is a mobility-impaired person within the criteria of subsection 2. The director

shall waive the requirement for a written or electronic statement from a qualified

physician, physician assistant, chiropractor, physical therapist, or an advanced

practice registered nurse if the applicant has previously submitted an application

containing a certification from a qualified physician, physician assistant, chiropractor,

physical therapist, or an advanced practice registered nurse that the applicant's

impairment is not reversible. The application must include the information required by

the director. The physician's, physician assistant's, chiropractor's, physical therapist's,

or advanced practice registered nurse's statement must describe how the impairment

limits the applicant's mobility and daily life functions of the applicant. The certificate is

valid for a period, not to exceed three years, as determined by the director. A

physician, physician assistant, chiropractor, physical therapist, or an advanced

practice registered nurse who provides a false statement that an individual is mobility

impaired for the purpose of that individual obtaining a certificate under this subsection

is guilty of an infraction for which a minimum fine of one hundred dollars must be

imposed. A certificate issued under this subsection must be nine and one-half inches

[24.13 centimeters] in height and three inches [7.62 centimeters] in width and must

bear, in white on blue, the internationally accepted symbol of access for the mobility

impaired. The certificate must bear the expiration date and registration number

assigned by the director. The director shall adopt rules governing the issuance of the

certificate. A temporary certificate, valid for an initial period not to exceed three

months, may be issued by the director for a fee of three dollars upon application

supported by a physician's, physician assistant's, chiropractor's, physical therapist's, or

an advanced practice registered nurse's statement. The director may issue a

maximum of one additional temporary certificate for a fee of three dollars. The

temporary certificate may be extended an additional period, not to exceed three

months, upon application supported by a physician's, physician assistant's,

chiropractor's, physical therapist's, or an advanced practice registered nurse's

statement that the extension is warranted. Temporary certificates must be the same

size as other certificates issued under this section and must be white on red. The

director may issue a maximum of one additional certificate, if the applicant does not

have number plates issued under section 39-04-10.2 or under subdivision j of

subsection 2 of section 39-04-18, to a mobility-impaired individual to whom a

certificate has been issued under this subsection. The additional certificates may be

used only by or on behalf of the mobility-impaired individual.

5. Except as provided in this subsection, two dollars of each fee for issuance of a

certificate and one dollar of each fee for issuance of an additional certificate under this

section must be deposited in the state highway department fund for purposes of

defraying the cost of issuing the certificate. The rest of the fee, and the five dollar fee

received for the issuance of an additional certificate under subsection 4, must be

deposited in the state treasury and credited to the state rehabilitation council fund. The

fees deposited in the fund are hereby appropriated on a continuing basis to the

department of health and human services for use by the state rehabilitation council to

accomplish the council's statutory duties provided under section 50-06.1-16. If a

certificate is lost, mutilated, or destroyed, the individual to whom the certificate was

issued is entitled to a replacement. The individual shall furnish proof satisfactory to the

director that the certificate has been lost, mutilated, or destroyed, and shall pay a

replacement fee of three dollars.

6. A certificate issued under this section must be hung from the rearview mirror or placed

on the dashboard of the motor vehicle whenever the vehicle is occupying a space

reserved for the mobility impaired and is being used by a mobility-impaired individual

or another individual for the purposes of transporting the mobility-impaired individual.

No part of the certificate may be obscured. A fee of five dollars may be imposed for a

violation of this subsection.

7. An applicant may appeal a decision denying issuance of the certificate to the director.

Written notice of the appeal must be received within ten business days following

receipt by the applicant of notice of denial. The applicant has sixty days to provide

additional supportive material to the director for purposes of deciding the appeal. The

director shall affirm or reverse the decision to deny issuance of the certificate within

thirty days after receipt of the supportive material. Written notice of the decision must

be given to the applicant.

8. If a law enforcement officer finds that the certificate is being improperly used, the

officer may report to the director any violation and the director may, in the director's

discretion, remove the privilege. An individual who is not mobility impaired and who

exercises the privileges granted a mobility-impaired individual under subsection 1 is

guilty of an infraction for which a fine of one hundred dollars must be imposed.

9. a. If a public or private entity designates parking spaces for accessible parking, the

spaces must comply with the requirements of the Americans with Disabilities

Accessibility Guidelines for Buildings and Facilities as contained in the appendix

to title 28, Code of Federal Regulations, part 36 [28 CFR 36] and must be

indicated by blue paint on the curb or edge of the paved portion of the street or

parking lot adjacent to the space. In addition to blue paint, each reserved space

must be indicated by a sign bearing the international symbol of accessibility for

the mobility impaired. The sign must indicate that unauthorized use of the space

is a nonmoving violation for which a fee of one hundred dollars must be imposed.

b. For any event, a public or a private entity temporarily may reserve additional

accessible parking spaces for use by motor vehicles operated by a

mobility-impaired individual. In that case, each temporarily reserved space must

be indicated by a sign bearing the international symbol of accessibility for the

mobility impaired at least four hours before the event.

c. A parking space clearly identified as reserved for the mobility impaired is

considered designated and reserved for the mobility impaired and is sufficient

basis for the enforcement of this section if the parking space has two of the

following requirements:

(1) Blue paint on the curb or edge of the paved portion of the street or parking

lot adjacent to the space;

(2) A sign bearing the international symbol of accessibility for the mobility

impaired; or

(3) Notice that unauthorized use of the space is a nonmoving violation for which

a fee of one hundred dollars must be imposed.

d. Except for a temporarily reserved parking space for the mobility impaired, a sign

posted must be immovable.

e. A law enforcement officer shall enforce this section in any parking lot or parking

facility, whether publicly or privately owned.

10. If the designated parking spaces for mobility-impaired individuals are occupied or

inaccessible, a motor vehicle displaying the distinguishing certificate specified in

subsection 4, license plates issued under section 39-04-10.2, or a disabled veteran

plate issued under subdivision j of subsection 2 of section 39-04-18 may park at an

angle and occupy two standard parking spaces.

11. An individual may not stop, stand, or park any vehicle in any designated parking space

that is reserved for the mobility impaired unless the vehicle displays a

mobility-impaired identification certificate issued by the director to a mobility-impaired

individual. A mobility-impaired individual may not permit the use of a certificate issued

under this section by an individual who is not mobility impaired when that use is not in

connection with the transport of the mobility-impaired individual. The registered owner

of a vehicle may not allow that vehicle to be used in a manner that violates this

subsection. Proof of intent is not required to prove a registered owner's violation of this

subsection. The registered owner, however, may be excused from a violation if the

owner provides the citing authority with the name and address of the individual

operating the vehicle at the time of the violation. A vehicle may temporarily use a

space reserved for a mobility-impaired individual without a mobility-impaired certificate

for the purpose of loading and unloading a mobility-impaired individual. A violation of

this subsection is a nonmoving violation for which a fee of one hundred dollars must

be imposed. Notwithstanding section 29-27-02.1, fifty percent of the fee imposed and

collected under this subsection is appropriated on a continuing basis to the state

rehabilitation council for the development of competitive and integrated employment

opportunities.

12. A motor vehicle licensed in another state which displays a special authorized vehicle

designation issued by the licensing authority of that state for vehicles used in the

transportation of a mobility-impaired individual must be accorded the same privilege

provided in this section for similar vehicles licensed in this state if the laws of the other

state provide the same privileges to North Dakota motor vehicles displaying the

special identifying certificate authorized in this section.

13. An entity that violates the requirements of subsection 9 is guilty of an infraction if the

entity does not comply with subsection 9 within sixty days after receiving official

notification of the violation.

14. The department shall issue a mobility-impaired parking permit for a vehicle owned and

operated by care providers licensed by the state, veterans-related organizations, and

other entities that regularly transport mobility-impaired individuals for use by those

providers and entities to park in designated parking spaces while transporting

mobility-impaired individuals.
N.D. Cent. Code § 39-29-04 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-04
39-29-04. Exemption from registration - Exemption from fees
Status: in_force

39-29-04. Exemption from registration - Exemption from fees

1. Registration and payment of fees is not required of:

a. Off-highway vehicles owned and used by the United States or any state or its

political subdivisions.

b. Off-highway vehicles registered in a foreign country and temporarily used in this

state.

c. Off-highway vehicles validly licensed in another state and which have not been

within this state for more than thirty consecutive days.

d. Off-highway vehicles used exclusively on private lands.

e. Off-highway vehicles used exclusively in organized track racing events.

2. If an off-highway vehicle is exempt from registration under subdivision b or c of

subsection 1, the owner shall purchase an out-of-state public trails and lands access

permit received upon payment of a ten dollar per-year fee. Dealers or other agents

authorized by the director of the parks and recreation department who sell out-of-state

public trails and lands access permits may retain one dollar of the ten dollar per-year

fee. The remainder of the fees collected under this subsection must be deposited in

the off-highway vehicle fund.
N.D. Cent. Code § 39-02-03 — ND Code / Title 39 / Chapter 39-02 / Section 39-02-03
39-02-03. Powers and duties of director and department
Status: in_force

39-02-03. Powers and duties of director and department

The director may adopt and enforce such administrative rules, designate such agencies,

and establish such branch offices, including contracted branch offices, as may be necessary to

carry out the motor vehicle and driver's license laws applicable to the director's office and

department. The director shall provide suitable motor vehicle and driver's license forms and

equipment requisite for the operation of the director's office and department, and shall prepay all

transportation charges thereon. Branch office contracts entered under this section may extend

five years and may be renewed in accordance with this section. At least one year before the end

of each branch office contract term, the department shall consider entering contracts with new

branch office vendors. Notwithstanding any other provision of law, the director may enter direct

negotiations and contract with qualified vendors to provide branch office services. The director

may provide for a maximum fee schedule for the various services provided by the branch

offices, not to exceed ten dollars for each service provided. Any branch office may establish a

different fee schedule if the schedule does not contain a fee that exceeds a maximum fee

established by the director and is approved by the director. All branch office managers must be

bonded. The department may lease or provide office space or other costs as necessary to

independent motor vehicle branch managers. All rents collected under this section must be

deposited in the state highway fund. The department and the officers thereof shall enforce the

provisions of all laws pertaining to the director and the department.
N.D. Cent. Code § 39-10-10 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-10
39-10-10. Use of multiple-beam road-lighting equipment
Status: repealed

39-10-10. Use of multiple-beam road-lighting equipment

Repealed by S.L. 1963, ch. 283, § 20.
N.D. Cent. Code § 39-20-11 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-11
39-20-11. Application to prosecutions under municipal ordinances
Status: in_force

39-20-11. Application to prosecutions under municipal ordinances

The provisions of this chapter also apply to prosecutions for the violation of municipal

ordinances prohibiting the driving or control of a motor vehicle while under the influence of

intoxicating liquor, drugs, or a combination thereof.
N.D. Cent. Code § 39-16-30 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-30
39-16-30. Operating while under suspension or revocation - Penalties
Status: repealed

39-16-30. Operating while under suspension or revocation - Penalties

Repealed by S.L. 2005, ch. 330, § 8.
N.D. Cent. Code § 39-32-01 — ND Code / Title 39 / Chapter 39-32 / Section 39-32-01
39-32-01. Definition of intrastate driver
Status: in_force

39-32-01. Definition of intrastate driver

As used in this chapter, "intrastate driver" means a driver who will be operating a

commercial motor vehicle within this state for a seven-consecutive-day period.
N.D. Cent. Code § 39-10-24 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-24
39-10-24. Stop signs and yield signs
Status: in_force

39-10-24. Stop signs and yield signs

1. Preferential right of way may be indicated by stop signs or yield signs as authorized in

section 39-07-03.

2. Except when directed to proceed by a police officer, every driver of a vehicle

approaching a stop sign shall stop at a clearly marked stop line, or, if none, then at the

point nearest the intersecting roadway where the driver has a view of approaching

traffic on the intersecting roadway before entering it. After having stopped, the driver

shall yield the right of way to any vehicle in the intersection or approaching on another

roadway so closely as to constitute an immediate hazard during the time when such

driver is moving across or within the intersection or junction of roadways and shall

yield the right of way to any other vehicle previously stopped for another stop sign at

the intersection if the intersection is clear for each driver to proceed.

3. The driver of a vehicle approaching a yield sign shall in obedience to such sign slow

down to a speed reasonable for the existing conditions and, if required for safety to

stop, shall stop at a clearly marked stop line, or, if none, before entering the crosswalk

on the near side of the intersection, or, if none, then at the point nearest the

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

intersecting roadway before entering it. After slowing or stopping, the driver shall yield

the right of way to any vehicle in the intersection or approaching on another roadway

so closely as to constitute an immediate hazard during the time such driver is moving

across or within the intersection or junction of roadways. Provided, however, that if a

driver is involved in a collision with a vehicle in the intersection or junction of roadways

after driving past a yield sign without stopping, such collision is deemed prima facie

evidence of the driver's failure to yield the right of way.
N.D. Cent. Code § 39-28-04 — ND Code / Title 39 / Chapter 39-28 / Section 39-28-04
39-28-04. Motorcycle safety promotion
Status: in_force

39-28-04. Motorcycle safety promotion

The director, in cooperation with other state agencies, shall promote safety and awareness

in the use and operation of motorcycles through advertising and other appropriate means, as

provided by this chapter. The general public may provide input to improve motorcycle safety and

education.
N.D. Cent. Code § 39-08-01 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-01
39-08-01. Persons under the influence of intoxicating liquor or any other drugs or substances not to operate vehicle - Penalty
Status: in_force

39-08-01. Persons under the influence of intoxicating liquor or any other drugs or

substances not to operate vehicle - Penalty.

1. a. A person may not drive or be in actual physical control of any vehicle upon a

highway or upon public or private areas to which the public has a right of access

for vehicular use in this state if any of the following apply:

(1) That person has an alcohol concentration of at least eight 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.

(2) That person is under the influence of intoxicating liquor.

(3) That person is under the influence of any drug or substance or combination

of drugs or substances to a degree which renders that person incapable of

safely driving.

(4) That person is under the combined influence of alcohol and any other drugs

or substances to a degree which renders that person incapable of safely

driving.

(5) That individual refuses to submit to any of the following:

(a) A chemical test, or tests, of the individual's blood, breath, or urine to

determine the alcohol concentration or presence of other drugs, or

combination thereof, in the individual's blood, breath, or urine, at the

direction of a law enforcement officer under section 39-06.2-10.2 if the

individual is driving or is in actual physical control of a commercial

motor vehicle; or

(b) A chemical test, or tests, of the individual's blood, breath, or urine to

determine the alcohol concentration or presence of other drugs, or

combination thereof, in the individual's blood, breath, or urine, at the

direction of a law enforcement officer under section 39-20-01.

(6) Paragraph 5 does not apply to an individual unless the individual has been

advised of the consequences of refusing a chemical test consistent with the

Constitution of the United States and the Constitution of North Dakota.

b. The fact any person charged with violating this section is or has been legally

entitled to use alcohol or other drugs or substances is not a defense against any

charge for violating this section. It is an affirmative defense that a drug was used

only as directed or cautioned by a practitioner who legally prescribed or

dispensed the drug to that person. If the individual violated paragraph 1, 2, 3, or 4

of subdivision a and paragraph 5 of subdivision a and the violations arose from

the same incident, for purposes of suspension or revocation of an operator's

license, the violations are deemed a single violation and the court shall forward to

the department of transportation only the conviction for driving under the

influence or actual physical control.

c. The driver of a multipassenger bicycle is subject to a violation of this section but a

multipassenger bicycle passenger may not be charged with a violation of this

section.

2. An individual who operates a motor vehicle on a highway or on public or private areas

to which the public has a right of access for vehicular use in this state who refuses to

submit to a chemical test, or tests, required under section 39-06.2-10.2 or 39-20-01, is

guilty of an offense under this section.

3. An individual violating this section or equivalent ordinance is guilty of a class B

misdemeanor for the first or second offense in a seven-year period, of a class A

misdemeanor for a third offense in a seven-year period, and of a class C felony for any

fourth or subsequent offense within a fifteen-year period. The minimum penalty for

violating this section is as provided in subsection 5. The court shall take judicial notice

of the fact that an offense would be a subsequent offense if indicated by the records of

the director or may make a subsequent offense finding based on other evidence.

4. Upon conviction of a second or subsequent offense within seven years under this

section or equivalent ordinance, the court may order the motor vehicle number plates

of all of the motor vehicles owned and operated by the offender at the time of the

offense to be destroyed by the office of the police officer that made the arrest. The

offender shall deliver the number plates to the court without delay at a time certain as

ordered by the court following the conviction. The court shall deliver the number plates

to the office and notify the department of the order. An offender who does not provide

the number plates to the court at the appropriate time is subject to revocation of

probation. The court may make an exception to this subsection, on an individual basis,

to avoid undue hardship to an individual who is completely dependent on the motor

vehicle for the necessities of life, including a family member of the convicted individual

and a co-owner of the motor vehicle, or if the offender is participating in the twenty-four

seven sobriety program.

5. A person convicted of violating this section, or an equivalent ordinance, must be

sentenced in accordance with this subsection.

a. (1) For a first offense, the sentence must include both a fine of at least five

hundred dollars and an order for addiction evaluation by an appropriate

licensed addiction treatment program.

(2) In addition, for a first offense when the convicted person has an alcohol

concentration of at least sixteen one-hundredths of one percent by weight,

the offense is an aggravated first offense and the sentence must include a

fine of at least seven hundred fifty dollars and at least two days'

imprisonment.

b. For a second offense within seven years, the sentence must include at least ten

days' imprisonment, of which forty-eight hours must be served consecutively; a

fine of one thousand five hundred dollars; an order for addiction evaluation by an

appropriate licensed addiction treatment program; and at least three hundred

sixty days' participation in the twenty-four seven sobriety program under chapter

54-12 as a mandatory condition of probation.

c. For a third offense within seven years, the sentence must include at least one

hundred twenty days' imprisonment; a fine of at least two thousand dollars; an

order for addiction evaluation by an appropriate licensed addiction treatment

program; at least three hundred sixty days' supervised probation; and at least

three hundred sixty days' participation in the twenty-four seven sobriety program

under chapter 54-12 as a mandatory condition of probation.

d. For a fourth or subsequent offense within fifteen years, the sentence must include

at least one year and one day's imprisonment; a fine of at least two thousand

dollars; an order for addiction evaluation by an appropriate licensed treatment

program; at least two years' supervised probation; and participation in the twenty-

four seven sobriety program under chapter 54-12 as a mandatory condition of

probation.

e. The imposition of sentence under this section may not be deferred under

subsection 4 of section 12.1-32-02 for an offense subject to this section.

f. If the offense is subject to subdivision a or b, a municipal court or district court

may not suspend a sentence, but may convert each day of a term of

imprisonment to ten hours of community service for an offense subject to

paragraph 2 of subdivision a. If the offense is subject to subdivision c, the district

court may suspend a sentence, except for sixty days' imprisonment, under

subsection 3 of section 12.1-32-02 on the condition that the defendant first

undergo and complete an evaluation for alcohol and substance abuse treatment

and rehabilitation. If the offense is subject to subdivision d, the district court may

suspend a sentence, except for one year's imprisonment, under subsection 3 of

section 12.1-32-02 on the condition that the defendant first undergo and complete

an evaluation for alcohol and substance abuse treatment and rehabilitation. If the

defendant is found to be in need of alcohol and substance abuse treatment and

rehabilitation, the district court may order the defendant placed under the

supervision and management of the department of corrections and rehabilitation

and is subject to the conditions of probation under section 12.1-32-07. The district

court may require the defendant to complete alcohol and substance abuse

treatment and rehabilitation under the direction of the treatment court program as

a condition of probation in accordance with rules adopted by the supreme court.

The district court may terminate probation under this section when the defendant

completes the drug treatment program. If the district court finds that a defendant

has failed to undergo an evaluation or complete treatment or has violated any

condition of probation, the district court shall revoke the defendant's probation

and shall sentence the defendant in accordance with this subsection.

g. For purposes of this section, conviction of an offense under a law or ordinance of

another state which is equivalent to this section must be considered a prior

offense if such offense was committed within the time limitations specified in this

section.

h. If the penalty mandated by this section includes imprisonment or placement upon

conviction of a violation of this section or equivalent ordinance, and if an addiction

evaluation has indicated that the defendant needs treatment, the court may order

the defendant to undergo treatment at an appropriate licensed addiction

treatment program under subsection 1 of section 12.1-32-02 and the time spent

by the defendant in the treatment must be credited as a portion of a sentence of

imprisonment or placement under this section. A court may not order the

department of corrections and rehabilitation to be responsible for the costs of

treatment in a private treatment facility.

i. If the court sentences an individual to the legal and physical custody of the

department of corrections and rehabilitation, the department may place the

individual in an alcohol treatment program designated by the department. Upon

the individual's successful completion of the alcohol treatment program, the

department shall release the individual from imprisonment to begin the

court-ordered period of probation. If there is not any court-ordered period of

probation, the court may order the individual to serve the remainder of the

sentence of imprisonment on supervised probation and the terms and conditions

must include participation in the twenty-four seven sobriety program and any

terms and conditions of probation previously imposed by the court. Probation

under this subsection may include placement in another facility or treatment

program. If an individual is placed in another facility or treatment program after

release from imprisonment, the remainder of the individual's sentence of

imprisonment must be considered time spent in custody. Individuals incarcerated

under this section subsequent to a second probation revocation are not eligible

for release from imprisonment upon the successful completion of treatment.

j. If the individual has participated in the twenty-four seven sobriety program as a

condition of pretrial release or for the purpose of receiving a temporary restricted

operator's license under section 39-06.1-11, the sentencing court may give credit

for the time the individual has already served on the twenty-four seven sobriety

program when determining the amount of time the individual must serve on the

twenty-four seven sobriety program for the purposes of probation, if that

individual has not violated the twenty-four seven sobriety program before

sentencing.

6. As used in subdivisions b and c of subsection 5, the term "imprisonment" includes

house arrest. As a condition of house arrest, a defendant may not consume alcoholic

beverages. The house arrest must include a program of electronic home detention and

the defendant shall participate in the twenty-four seven sobriety program. The

defendant shall defray all costs associated with the electronic home detention. For an

offense under subdivision b or c of subsection 5, no more than ninety percent of the

sentence may be house arrest.

7. As used in this title, participation in the twenty-four seven sobriety program under

chapter 54-12 means compliance with sections 54-12-27 through 54-12-31, and

requires sobriety breath testing twice per day seven days per week or electronic

alcohol monitoring, urine testing, or drug patch testing. The offender is responsible for

all twenty-four seven sobriety program fees and the court may not waive the fees. For

purposes of this section, the twenty-four seven sobriety program is a condition of

probation and a court may not order participation in the program as part of the

sentence. If an individual ordered to participate in the twenty-four seven program is not

a resident of this state, that individual shall enroll in a twenty-four seven program or an

alcohol compliance program if available in that individual's state of residence and shall

file proof of such enrollment.
N.D. Cent. Code § 39-03-06 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-06
39-03-06. Oath required of superintendent, assistant superintendent, and troopers
Status: in_force

39-03-06. Oath required of superintendent, assistant superintendent, and troopers

The superintendent, assistant superintendent, and each trooper, before entering upon the

performance of the person's duties, shall take and file the oath prescribed by law for state

officers.
N.D. Cent. Code § 39-31-17 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-17
39-31-17. Penalty
Status: in_force

39-31-17. Penalty

Any person who willfully violates this chapter, or any order or rule issued or adopted under

this chapter, is guilty of an infraction.
N.D. Cent. Code § 39-06-40.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-40.1
39-06-40.1. Reproducing operator's license - Penalty
Status: in_force

39-06-40.1. Reproducing operator's license - Penalty

1. It is unlawful for an individual to print, photograph, photostat, duplicate, alter, or in any

way reproduce any operator's license, nondriver photo identification card, or facsimile

of an operator's license or card, or to print, photograph, photostat, duplicate, alter, or in

any way reproduce any document used in the production of any operator's license or

card or facsimile of an operator's license or card, in a manner that it would be mistaken

for a valid license or document containing valid information, or to display or have in

possession any print, photograph, photostat, duplicate, reproduction, or facsimile

unless authorized by law.

2. It is unlawful for an individual to alter in any manner any operator's license or nondriver

photo identification card or to display or have in possession an altered operator's

license or nondriver photo identification card.

3. An individual violating this section is guilty of a class B misdemeanor.

4. Within five days of receiving a record of conviction or other satisfactory evidence of the

violation of this section, the director shall revoke the operator's license or cancel the

nondriver photo identification card of the individual. The director may set the period of

revocation, not to exceed six months.
N.D. Cent. Code § 39-22-05.1 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-05.1
39-22-05.1. Disposition of fees
Status: in_force

39-22-05.1. Disposition of fees

Fees from registration of dealers and fees collected from dealers found in violation of this

chapter must be deposited with the state treasurer, credited to the dealer enforcement fund, and

used exclusively for enforcement of this chapter.
N.D. Cent. Code § 39-04-22 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-22
39-04-22. Motor vehicle exceeding registered gross weight for which licensed not to be operated on highway - Exception
Status: in_force

39-04-22. Motor vehicle exceeding registered gross weight for which licensed not to

be operated on highway - Exception.

Except as otherwise provided by law, a motor vehicle, or a combination of motor vehicles,

may not be operated upon the highways of this state when the gross weight exceeds the

registered gross weight for which the vehicle or combination of vehicles was licensed. Any

person violating the provisions of this section will be required to license such motor vehicle at

the higher legal rate in accordance with the weight carried by the motor vehicle at the time of the

violation for the entire license period. However, such registration may not be construed to

authorize the movement of loads in violation of chapter 39-12.
N.D. Cent. Code § 39-10.1-02 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-02
39-10.1-02. Traffic laws apply to persons riding bicycles
Status: in_force

39-10.1-02. Traffic laws apply to persons riding bicycles

Every person riding a bicycle upon a roadway is granted all of the rights and is subject to all

of the duties applicable to the driver of a vehicle by this title, except as to special regulations in

this title and except as to those provisions of this title which by their nature can have no

application.
N.D. Cent. Code § 39-21-16 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-16
39-21-16. Lamps on other vehicles and equipment
Status: in_force

39-21-16. Lamps on other vehicles and equipment

Every vehicle, including animal-drawn vehicles and vehicles referred to in subsection 4 of

section 39-21-46, not specifically required by the provisions of this chapter to be equipped with

lamps or other lighting devices, must at all times specified in section 39-21-01 be equipped with

at least one lamp displaying a white light visible from a distance of not less than one thousand

feet [304.8 meters] to the front of the vehicle, and must also be equipped with two lamps

displaying red light visible from a distance of not less than one thousand feet [304.8 meters] to

the rear of the vehicle, or two red reflectors visible for distances of one hundred feet [30.48

meters] to six hundred feet [182.88 meters] to the rear when illuminated by the lower beams of

headlamps.
N.D. Cent. Code § 39-31-15 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-15
39-31-15. Deposit of fees
Status: in_force

39-31-15. Deposit of fees

The department shall deposit monthly all fees collected under this chapter in the highway

fund in the state treasury.
N.D. Cent. Code § 39-06-08 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-08
39-06-08. Application of minors
Status: in_force

39-06-08. Application of minors

The application of any minor for an operator's license must be signed and verified before an

individual authorized to administer oaths or the director, by the father, mother, or legal guardian,

or if there is not a parent or legal guardian, then by another responsible adult who is willing to

assume the obligation imposed under this chapter upon an individual signing the application of a

minor. If the father, mother, or legal guardian is unable to appear, a father, mother, or legal

guardian may designate, through a notarized document, an individual temporarily authorized to

sign the application.
N.D. Cent. Code § 39-22.3-12 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-12
39-22.3-12. Penalty for violation of provisions of chapter
Status: in_force

39-22.3-12. Penalty for violation of provisions 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 § 39-10-02 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-02
39-10-02. Obedience to police officer or firefighter
Status: in_force

39-10-02. Obedience to police officer or firefighter

No person may willfully refuse to comply with any lawful order or direction of any police

officer or firefighter invested by law with authority to direct, control, or regulate traffic.
N.D. Cent. Code § 39-04-43 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-43
39-04-43. Antique automobile - License and fee
Status: repealed

39-04-43. Antique automobile - License and fee

Repealed by S.L. 1981, ch. 378, § 38.
N.D. Cent. Code § 39-06-01.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-01.1
39-06-01.1. Special provisions for minor operators
Status: in_force

39-06-01.1. Special provisions for minor operators

1. The director shall cancel the operator's license of an individual who has committed

acts resulting in an accumulated point total in excess of five points as provided for a

violation under section 39-06.1-10 if:

a. The acts or offenses were committed while the individual was a minor; and

b. The individual admitted the violation, was found to have committed the violation

by the official having jurisdiction, or pled guilty to, was found guilty of, or

adjudicated to have committed the offense.

2. The director shall cancel the operator's license of an individual who has committed an

alcohol-related offense or a drug-related offense while operating a motor vehicle if:

a. The offense was committed while the individual was a minor;

b. The individual was found to have committed the offense by the official having

jurisdiction, or pled guilty to, was found guilty of, or adjudicated to have

committed the offense;

c. The offense created an imminent risk of injury to another individual;

d. A lesser penalty would be ineffective to prevent future risk to another individual;

and

e. The official having jurisdiction orders the director to cancel the operator's license.

3. If an individual has had that individual's license to operate a motor vehicle canceled

under subsection 1 or 2, the director shall deem that individual to have never have had

any license to operate a motor vehicle and may not issue any license to operate a

motor vehicle other than an instruction permit or a restricted instruction permit after the

completion of any period of suspension or revocation. After the issuance of an

instruction permit or restricted instruction permit, the director may not issue any other

operator's license to that individual until that individual:

a. Meets the requirements of section 39-06-17. The driver education requirement

may be met through either an internet course or successfully completing a course

at an approved commercial driver training school meeting the requirements of

chapter 39-25; and

b. Satisfies all other requirements that apply to that individual for that operator's

license.
N.D. Cent. Code § 39-08-01.1 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-01.1
39-08-01.1. Prior offenses
Status: in_force

39-08-01.1. Prior offenses

For purposes of this chapter, chapter 39-06.1, and chapter 39-20 a previous conviction does

not include any prior violation of section 39-08-01 or equivalent ordinance if the offense

occurred prior to July 1, 1981.
N.D. Cent. Code § 39-19-01 — ND Code / Title 39 / Chapter 39-19 / Section 39-19-01
39-19-01. Director - Reciprocity powers
Status: in_force

39-19-01. Director - Reciprocity powers

The director may execute agreements, arrangements, or declarations involving the

reciprocal use of the highways of this state by vehicles excepted in part or in full from

registration requirements or mile tax payments in lieu thereof, or involving reciprocity between

this state and any other state on matters relating to drivers' licensing, financial responsibility,

traffic law enforcement, vehicle sizes and weights, and vehicle inspection.
N.D. Cent. Code § 39-33-08 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-08
39-33-08. Resale or redisclosure
Status: in_force

39-33-08. Resale or redisclosure

1. An authorized recipient of personal information may resell or redisclose the information

for any use permitted under section 39-33-05.

2. The department shall require any authorized recipient who resells or rediscloses

personal information to maintain for a period of not less than five years records as to

the person receiving the information and the permitted use for which it was obtained

and to make these records available for inspection by the department upon request.
N.D. Cent. Code § 39-21-02 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-02
39-21-02. Visibility distance and mounted height of lamps
Status: in_force

39-21-02. Visibility distance and mounted height of lamps

1. Whenever requirement is hereinafter declared as to distance from which certain lamps

and devices must render objects visible or within which such lamps or devices must be

visible, said provisions apply during the times stated in section 39-21-01 in respect to a

vehicle without load when upon a straight, level, unlighted highway under normal

atmospheric conditions unless a different time or condition is expressly stated.

2. Whenever requirement is hereinafter declared as to the mounted height of lamps or

devices it means from the center of such lamp or device to the level ground upon

which the vehicle stands when such vehicle is without a load.
N.D. Cent. Code § 39-02-03.1 — ND Code / Title 39 / Chapter 39-02 / Section 39-02-03.1
39-02-03.1. Director to provide notice and opportunity for hearing prior to cancellation, revocation, suspension, or rescission of a motor vehicle registration or a certificate of title to a motor vehicle
Status: in_force

39-02-03.1. Director to provide notice and opportunity for hearing prior to

cancellation, revocation, suspension, or rescission of a motor vehicle registration or a

certificate of title to a motor vehicle.

Whenever, under the laws pertaining to the cancellation, revocation, suspension, or

rescission of a registration of a motor vehicle or a certificate of title to a motor vehicle, a

determination has been made to cancel, revoke, suspend, or rescind either the registration or

certificate of title, or both, the director shall provide the legal and registered owner with notice of

such cancellation, revocation, suspension, or rescission and the opportunity for a hearing. Such

notice must be sent by registered or certified mail, return receipt requested, not less than ten

days prior to the effective date of the cancellation, revocation, suspension, or rescission.
N.D. Cent. Code § 39-16-35 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-35
39-16-35. May rely on other process
Status: repealed

39-16-35. May rely on other process

Repealed by omission from this code.
N.D. Cent. Code § 39-10.1-06 — ND Code / Title 39 / Chapter 39-10.1 / Section 39-10.1-06
39-10.1-06. Carrying article
Status: in_force

39-10.1-06. Carrying article

No person operating a bicycle may carry any package, bundle, or article which prevents the

driver from keeping at least one hand upon the handlebars.
N.D. Cent. Code § 39-22-08 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-08
39-22-08. Dealers to furnish information to director
Status: repealed

39-22-08. Dealers to furnish information to director

Repealed by S.L. 2001, ch. 337, § 19.
N.D. Cent. Code § 39-04.2-03 — ND Code / Title 39 / Chapter 39-04.2 / Section 39-04.2-03
39-04.2-03. Additional registration fee - Deposit in fund
Status: repealed

39-04.2-03. Additional registration fee - Deposit in fund

Repealed by S.L. 2009, ch. 40, § 26.
N.D. Cent. Code § 39-08-02 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-02
39-08-02. Person conveying passengers not to engage drivers addicted to intoxicants - Penalty
Status: in_force

39-08-02. Person conveying passengers not to engage drivers addicted to intoxicants

- Penalty.

No person owning or having the direction or control of any vehicle for the conveyance of

passengers in this state may employ or continue in the person's employment as a driver of such

vehicle any person who is known to the actor to be addicted to a controlled substance or given

to the excessive use of controlled substances or intoxicating liquors. Any person violating the

provisions of this section is guilty of an infraction and is liable for all damages sustained by

reason of such violation.
N.D. Cent. Code § 39-16.1-19 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-19
39-16.1-19. Cancellation of bond or return of deposit
Status: in_force

39-16.1-19. Cancellation of bond or return of deposit

1. The director shall upon request consent to the immediate cancellation of any bond or

certificate of insurance, or the director shall direct and the Bank of North Dakota shall

return to the person entitled thereto any money or securities deposited pursuant to this

chapter as proof of financial responsibility, or the director shall waive the requirement

of filing proof, in any of the following events:

a. At any time after one year from the date such proof was required when, during

the one-year period preceding the request, the director has not received record of

a conviction or a forfeiture of bail which would require the revocation of the

license or operating privilege, or both, of the person by or for whom such proof

was furnished.

b. The death of the person on whose behalf such proof was filed or the permanent

incapacity of such person to operate a motor vehicle.

c. The surrender of the person's license to the director by the person who has given

proof.

2. The director may not consent to the cancellation of any bond or the return of any

money or securities in the event any action for damages upon a liability covered by

such proof is then pending or any judgment upon any such liability is then unsatisfied,

or in the event the person who has filed such bond or deposited such money or

securities has, within one year immediately preceding such request, been involved as

an operator or owner in any motor vehicle accident resulting in injury or damage to the

person or property of others. An affidavit of the applicant as to the nonexistence of

such facts, or that the applicant has been released from all of the applicant's liability, or

has been finally adjudicated not to be liable, for such injury or damage, is sufficient

evidence thereof in the absence of evidence to the contrary in the records of the

director.

3. Whenever any person whose proof has been canceled or returned under subdivision c

of subsection 1 applies for a license within a period of one year from the date proof

was originally required, the application must be refused. The person's operator's

license and driving privileges remain under suspension or revocation until the

applicant re-establishes proof for the remainder of the one-year period.
N.D. Cent. Code § 39-01-13 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-13
39-01-13. Director to keep record of process received for nonresident motor vehicle users
Status: in_force

39-01-13. Director to keep record of process received for nonresident motor vehicle

users.

The director shall keep a record of all process served upon the director under the provisions

of section 39-01-11. Such record must show the day and hour of service. If any defendant

served under section 39-01-11 has made proof of financial responsibility by filing a certificate of

insurance coverage, as provided in section 39-16.1-09, the director shall mail a copy of such

summons and complaint to the insurance carrier named in such certificate.
N.D. Cent. Code § 39-10.3-01 — ND Code / Title 39 / Chapter 39-10.3 / Section 39-10.3-01
39-10.3-01. Definitions
Status: in_force

39-10.3-01. Definitions

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

1. "Chase vehicle" means a motor vehicle that accompanies an experimental vehicle

while operating on a highway.

2. "Experimental vehicle" means a vehicle with an unladen weight of six thousand

pounds [2721.55 kilograms] or less which may be equipped with any configuration of

axles and wheels and which is primarily powered by some source other than a

combustion engine, muscle, or an animal.
N.D. Cent. Code § 39-07-10 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-10
39-07-10. Officer violating provisions for arrest and notice of hearing to defendant may be removed from office
Status: in_force

39-07-10. Officer violating provisions for arrest and notice of hearing to defendant

may be removed from office.

Any officer violating section 39-07-07, 39-07-08, 39-07-09, 39-20-03.1, or 39-20-03.2 is

guilty of misconduct in office and is subject to removal from office.
N.D. Cent. Code § 39-07-11 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-11
39-07-11. Magistrate to keep record of convictions of traffic violations - Records of conviction to be forwarded to licensing authority
Status: in_force

39-07-11. Magistrate to keep record of convictions of traffic violations - Records of

conviction to be forwarded to licensing authority.

Every magistrate, as defined in section 29-01-14, shall keep a full record of every case

brought before the magistrate in which a person is charged with a violation of chapter 12.1-16

resulting from the operation of a motor vehicle, or of any provision of chapters 39-05 through

39-13, 39-21, and 39-24, or with a violation of a municipal ordinance which is equivalent to any

of the provisions of the foregoing statutes. Within ten days after a final order or judgment of

conviction, for a violation not subject to disposition and reporting under chapter 39-06.1, by the

North Dakota supreme court or any lower court having jurisdiction, provided that no appeal is

pending and the time for filing a notice of appeal has elapsed, the magistrate then having

jurisdiction shall forward a report of that fact to the licensing authority. If the reported violation

caused another person's serious bodily injury, as defined in section 12.1-01-04, the magistrate

shall include that information in the report. Any conviction for which a report is received by the

licensing authority may be deemed by the licensing authority to be final, and the licensing

authority may take any action authorized by law to be taken based on the report. Subject to the

filing of an appeal, a conviction includes those instances when:

1. A sentence is imposed and suspended;

2. Imposition of a sentence is deferred under subsection 4 of section 12.1-32-02; or

3. There is a forfeiture of bail or collateral deposited to secure a defendant's appearance

in court and the forfeiture has not been vacated.
N.D. Cent. Code § 39-12-04 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-04
39-12-04. Width, height, and length limitations on vehicles - Exceptions
Status: in_force

39-12-04. The department of transportation or the highway patrol shall have authority to revoke

permits when such holder violates or abuses the privilege or conditions of permit.
N.D. Cent. Code § 39-06.2-05 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-05
39-06.2-05. Employer responsibilities
Status: in_force

39-06.2-05. Employer responsibilities

1. Each employer shall require the applicant to provide the information specified in

section 39-06.2-04.

2. No employer may knowingly allow, permit, or authorize a driver to drive a commercial

motor vehicle during any period:

a. In which the driver's commercial driver's license is suspended, revoked, or

canceled by any state or in which the driver is currently disqualified from driving a

commercial vehicle or subject to an out-of-service order in any state; or

b. In which the driver has more than one driver's license.
N.D. Cent. Code § 39-06-01.3 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-01.3
39-06-01.3. Compliance with federal selective service requirement
Status: in_force

39-06-01.3. Compliance with federal selective service requirement

1. Upon submission of an application for an initial, renewal, or duplicate instruction

permit, operator's license, or a nondriver identification card by a man at least eighteen

years of age and under the age of twenty-six, the department shall provide for the

registration of the applicant with the selective service system.

2. The department shall provide language on the application informing the applicant his

signature on the application serves as an acknowledgment the applicant already has

registered with the selective service system or the applicant consents to registration.

3. An applicant who objects to registration for conscientious, religious, or other grounds

may contact the selective service system for alternative options.

4. The department shall forward the applicant's necessary personal information to the

selective service system for registration.
N.D. Cent. Code § 39-22-02 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-02
39-22-02. Motor vehicle dealer's license - Fees - Additional number plates
Status: repealed

39-22-02. Motor vehicle dealer's license - Fees - Additional number plates

Repealed by S.L. 2001, ch. 337, § 19.
N.D. Cent. Code § 39-07-06 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-06
39-07-06. General penalty for violation of title
Status: in_force

39-07-06. General penalty for violation of title

Any person violating any of the provisions of this title for which another criminal penalty is

not provided specifically is guilty of an infraction. As used in this section, the phrase "another

criminal penalty" includes provision for payment of a fixed fee for violating another section in this

title but does not include any other administrative sanction which may be imposed.
N.D. Cent. Code § 39-08-04.1 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-04.1
39-08-04.1. Emergency care or services rendered - Liability
Status: in_force

39-08-04.1. Emergency care or services rendered - Liability

Any person who is an unpaid volunteer, who in good faith, renders emergency care or

services at or near the scene of an accident, disaster, or other emergency, or en route to a

treatment facility, is not liable to the recipient of the emergency care or services for any

damages resulting from the rendering of that care or services.

This section does not relieve a person from liability for damages resulting from the

intoxication, willful misconduct, or gross negligence of the person rendering the emergency care

or services. Further, liability is not relieved if the emergency care was rendered for remuneration

or with the expectation of remuneration.
N.D. Cent. Code § 39-21-55 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-55
39-21-55. Exemption from rear-end protection requirements
Status: repealed

39-21-55. Exemption from rear-end protection requirements

Repealed by S.L. 2009, ch. 341, § 1.
N.D. Cent. Code § 39-04-39.3 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-39.3
39-04-39.3. Motor vehicle registration fee collection agreements with home rule cities
Status: in_force

39-04-39.3. Motor vehicle registration fee collection agreements with home rule cities

The governing body of any incorporated city that has adopted the home rule provisions of

chapter 40-05.1 and the department may enter into contractual agreements under which the

department may collect any motor vehicle registration fees assessed by the city. Agreements

entered into under this section must provide for an agreed-upon amount to be allowed the

department for services rendered in connection with the collections. Any agreed-upon amount

collected must be deposited in the motor vehicle registration fund. The department shall deposit

with the state treasurer all money collected under this section and shall accompany each

remittance with a certificate showing the city for which it was collected. The state treasurer,

quarterly, shall pay to the city auditors of the several cities the money to which they are entitled

under this section.
N.D. Cent. Code § 39-07-09 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-09
39-07-09. Offenses under which person halted may not be entitled to release upon promise to appear
Status: in_force

39-07-09. Offenses under which person halted may not be entitled to release upon

promise to appear.

Section 39-07-07 does not apply to a person if:

1. The halting officer has good reason to believe the person guilty of any felony or if the

person is halted and charged with an offense listed in section 39-06.1-05 but not listed

in subsection 2; or

2. The halting officer, acting within the officer's discretion, determines that it is inadvisable

to release the person upon a promise to appear and if the person has been halted and

charged with any of the following offenses:

a. Reckless driving.

b. Driving in excess of speed limitations established by the state or by local

authorities in their respective jurisdictions.

c. Driving while license or driving privilege is suspended or revoked for violation of

section 39-06-42, or an equivalent ordinance.

d. Driving without liability insurance in violation of section 39-08-20.

e. Failing to display a placard or flag, in violation of any rule implementing section

39-21-44, while transporting explosive or hazardous materials.

f. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46.

The halting officer forthwith shall take any person not released upon a promise to appear before

the nearest or most accessible magistrate.
N.D. Cent. Code § 39-20-10 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-10
39-20-10. Notice to other states
Status: in_force

39-20-10. Notice to other states

When it has been finally determined under the procedures of this chapter that a

nonresident's privilege to operate a motor vehicle in this state has been revoked or denied, the

director shall give information in writing of the action taken to the official in charge of traffic

control or public safety of the state of the person's residence and of any state in which the

person has a license.
N.D. Cent. Code § 39-16-12 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-12
39-16-12. Notice of failure to satisfy judgment
Status: repealed

39-16-12. Notice of failure to satisfy judgment

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-29.1-02 — ND Code / Title 39 / Chapter 39-29.1 / Section 39-29.1-02
39-29.1-02. Applicability
Status: in_force

39-29.1-02. Applicability

A low-speed vehicle is a motor vehicle under this title, except:

1. Chapter 39-22 does not apply to low-speed vehicles.

2. Registration of a low-speed vehicle is governed by this chapter.

3. A political subdivision may not require licensing or registration of low-speed vehicles.

4. The governing body of a city may regulate, restrict, or prohibit the use of low-speed

vehicles operating in the city limits in areas under the jurisdiction of the city.
N.D. Cent. Code § 39-04-25 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-25
39-04-25. When seasonal registration of passenger buses permitted
Status: repealed

39-04-25. When seasonal registration of passenger buses permitted

Repealed by S.L. 1983, ch. 423, § 2.
N.D. Cent. Code § 39-08-15 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-15
39-08-15. Director of the department of transportation to tabulate and analyze crash reports
Status: in_force

39-08-15. Director of the department of transportation to tabulate and analyze crash

reports.

The director shall tabulate and may analyze all crash reports and shall publish annually, or

at more frequent intervals, statistical information based thereon as to the number and

circumstances of traffic crashes.
N.D. Cent. Code § 39-06.1-06 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-06
39-06.1-06. Amount of statutory fees
Status: in_force

39-06.1-06. Amount of statutory fees

The fees required for a noncriminal disposition under section 39-06-01, 39-06.1-02, or

39-06.1-03 must be as follows:

1. For a nonmoving violation as defined in section 39-06.1-08, a fee of twenty dollars

except for a violation of any traffic parking regulation on any state charitable or penal

institution property or on the state capitol grounds, a fee in the amount of five dollars,

excluding a violation of subsection 11 of section 39-01-15.

2. For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except

for:

a. A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty

dollars.

b. A violation of section 39-10-05 involving failure to yield to a pedestrian or

subsection 1 of section 39-10-28, a fee of fifty dollars.

c. A violation of section 39-21-41.2, a fee of twenty-five dollars.

d. A violation of subsection 1 of section 39-12-02, section 39-08-23, or section

39-08-25, a fee of one hundred dollars.

e. A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one

hundred dollars.

f. A violation of subsection 6 of section 39-04-37, a fee of one hundred dollars.

g. A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty

dollars.

h. A violation of section 39-10-59, a fee of five hundred dollars.

i. A violation of section 39-09-01, a fee of thirty dollars.

j. A violation of section 39-09-01.1, a fee of thirty dollars.

k. A violation of section 39-10-46 or 39-10-46.1, a fee of two hundred fifty dollars.

l. A violation of subsection 1 of section 39-08-20, one hundred fifty dollars for a first

violation and three hundred dollars for a second or subsequent violation in three

years.

m. A violation of section 39-10-24 or 39-10-44, a fee of forty dollars.

n. A violation of section 39-10-50.1, a fee of fifty dollars.

o. A violation of section 39-19-03, a fee of fifty dollars.

p. A violation of section 39-10-71.1, a fee of one hundred dollars for a first violation,

and five hundred dollars for a second or subsequent violation except as provided

under section 39-10-71.1.

q. A violation of section 39-21-33.1, a fee of fifty dollars.

3. For a violation of section 39-21-44 or a rule adopted under that section, a fee of

two hundred fifty dollars.

4. Except as provided in subsection 6, for a violation of section 39-09-02, or an

equivalent ordinance, a fee of twenty dollars, or three dollars for each mile per hour

over the limit, whichever is greater. An additional fee of twenty dollars must be

assessed for a violation of sixteen miles per hour or more over the limit.

5. For a violation of section 39-06.2-10.9 or subsection 3 of section 39-21-46, a fee

established as follows:

a. Driving more than eleven hours since the last ten hours off duty, driving after

fourteen hours on duty since the last ten hours off duty, driving after sixty hours

on duty in seven days or seventy hours in eight days, no record of duty status or

log book in possession, failing to retain previous seven-day record of duty status

or log book, or operating a vehicle with four to six out-of-service defects,

one hundred dollars;

b. False record of duty status or log book or operating a vehicle with seven to nine

out-of-service defects, two hundred fifty dollars;

c. Operating a vehicle after driver placed out of service, operating a vehicle with ten

or more out-of-service defects, or operating a vehicle that has been placed out of

service prior to its repair, five hundred dollars; and

d. All other violations of motor carrier safety rules adopted under subsection 3 of

section 39-21-46, fifty dollars.

6. On a highway on which the speed limit is posted in excess of sixty-five miles

[104.61 kilometers] an hour, for a violation of section 39-09-02, or equivalent

ordinance, a fee of twenty dollars, or five dollars for each mile per hour over the limit,

whichever is greater. An additional fee of twenty dollars must be assessed for a

violation of sixteen miles per hour or more over the limit.

7. For a violation of a school zone speed limit under subdivision b of subsection 1 of

section 39-09-02, a fee of forty dollars for one through ten miles per hour over the

posted speed; and forty dollars, plus one dollar for each additional mile per hour over

ten miles per hour over the limit unless a greater fee would be applicable under this

section.

8. For a violation of a highway construction zone speed limit under subsection 2 of

section 39-09-02, a fee of one hundred fifty dollars for one through ten miles per hour

over the posted speed; and one hundred fifty dollars plus two dollars for each mile per

hour over ten miles per hour over the limit, unless a greater fee would be applicable

under this section. The fee in this subsection does not apply to a highway construction

zone unless individuals engaged in construction are present at the time and place of

the violation and the posted speed limit sign states "Minimum Fee $150".

9. For a violation of operating a motor vehicle while not being licensed under section

39-06-01, a fee of one hundred fifty dollars.
N.D. Cent. Code § 39-05-17 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-17
39-05-17. Transfer of title of vehicle - Endorsement required - Certificate of title delivered - New certificate obtained - Penalty
Status: in_force

39-05-17. Transfer of title of vehicle - Endorsement required - Certificate of title

delivered - New certificate obtained - Penalty.

1. The owner or transferor of a motor vehicle who transfers title to a vehicle shall endorse

an assignment and warranty of title upon the certificate of title for the vehicle. The

owner or transferor shall include on the assignment and warranty of title the name of

the transferee and the selling price of the vehicle if applicable.

2. If legal title passes to the transferee, the owner shall deliver the endorsed certificate of

title to the transferee within thirty days of the date the vehicle was purchased.

3. If legal title passes to a lienholder rather than the transferee, the transferee shall

endorse a statement that the lienholder holds the lien and shall send the certificate of

title to the department with an application for a new certificate of title showing the

names of the new owner and lienholder. The certificate of title when issued must be

sent by the department to the lienholder or the department may use an electronic lien

notification procedure in lieu of sending a certificate of title to a lienholder.

4. Within thirty days of receiving the title, the transferee shall deliver the endorsed

certificate of title to the department with a transfer fee of five dollars, and shall make

an application for a new certificate of title. In addition to any other penalty, the

registration to a motor vehicle may be suspended or revoked if the transferee fails to

present the endorsed certificate of title to the department for transfer and make

application for a new certificate of title within thirty days. The department shall deliver

the new certificate of title to the lienholder with priority. If there is no lienholder, delivery

must be made to the owner.

5. A violation of this section by an owner, lienholder, or transferee is a class B

misdemeanor.
N.D. Cent. Code § 39-21-41.4 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-41.4
39-21-41.4. Use of safety belts required in certain motor vehicles - Enforcement - Evidence
Status: in_force

39-21-41.4. Use of safety belts required in certain motor vehicles - Enforcement -

Evidence.

A driver may not operate upon a highway a motor vehicle designed for carrying fewer than

eleven passengers, which was originally manufactured with safety belts unless each occupant is

wearing a properly adjusted and fastened safety belt. This section does not apply to a child in a

child restraint or safety belt in accordance with section 39-21-41.2; to drivers of implements of

husbandry; to operators of farm vehicles as defined in subsection 5 of section 39-04-19; to rural

mail carriers while on duty delivering mail; to an occupant with a medical or physically disabling

condition that prevents appropriate restraint in a safety belt, if a qualified physician, physician

assistant, or advanced practice registered nurse states in a signed writing the nature of the

condition and the reason restraint is inappropriate; to an occupant who is an emergency medical

services personnel, during the provision of direct patient care; or when all safety belts are in use

by other occupants. A physician, physician assistant, or advanced practice registered nurse

who, in good faith, provides a statement that restraint would be inappropriate is not subject to

civil liability. A violation for not wearing a safety belt under this section is not, in itself, evidence

of negligence. The fact of a violation of this section is not admissible in any proceeding other

than one charging the violation.
N.D. Cent. Code § 39-10-47 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-47
39-10-47. Stopping, standing, or parking outside of business or residence districts
Status: in_force

39-10-47. Stopping, standing, or parking outside of business or residence districts

1. An individual may not stop, park, or leave standing any vehicle, whether attended or

unattended, upon the paved or main-traveled part of any highway if it is practicable to

stop, park, or so leave the vehicle off the paved or main-traveled part of the highway.

There must be an unobstructed width of the highway of not less than twelve feet [3.66

meters] opposite a standing vehicle left for the free passage of other vehicles and a

clear view of any stopped vehicle must be available from a distance of not less than

two hundred feet [60.96 meters] in each direction upon the highway.

2. Unless the vehicle is blocking the highway or is otherwise endangering public safety,

this section and sections 39-10-49 and 39-10-50 do not apply to the driver of a vehicle

which is disabled while on the paved or main-traveled portion of a highway, if stopping

and temporarily leaving the disabled vehicle is unavoidable.

3. Without the consent of the owner or driver of a vehicle and if a vehicle or any personal

property or cargo spilled from the vehicle is blocking the highway or is otherwise

endangering public safety, a police officer may:

a. Remove the vehicle or cause the vehicle to be removed from the highway; and

b. Remove or cause to be removed any personal property or cargo that may have

been spilled from the vehicle onto the highway.

4. If reasonable care is used in the removal process, a police officer and the police

officer's employing agency, the department of transportation or an employee of the

department of transportation, or a political subdivision or employee of a political

subdivision authorized by a police officer is not liable in civil damages for loss or

damage to any vehicle or to any personal property or cargo that may have spilled from

a vehicle that is removed from a highway under this section.

5. The decision and method used to remove a vehicle or any personal property, or cause

a vehicle or any personal property to be removed, is a discretionary decision under

this section. In the event of a public necessity, a police officer, an employee of the

department of transportation, or an employee of a political subdivision authorized by a

police officer may take an action that may damage a vehicle or property removed

under this section.
N.D. Cent. Code § 39-22-24 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-24
39-22-24. Factory store prohibited - Penalty
Status: in_force

39-22-24. Factory store prohibited - Penalty

A manufacturer, importer, or distributor of new motor vehicles, or a subsidiary thereof, may

not own, operate, or control a motor vehicle dealership in this state. This section does not apply

if:

1. The ownership and operation is for a temporary period not to exceed one year during

the transition from one owner or operator to another;

2. The dealership is being sold under a bona fide contract or purchase option to the

operator of the dealership, or a contract exists under which the operator of the

dealership can expect to acquire full ownership of or a controlling interest in the

dealership, and after the transfer of ownership is completed the dealership will not be

owned, operated, or controlled by the manufacturer, importer, or distributor, or a

subsidiary thereof; or

3. The department determines there is no prospective independent dealer available to

own or operate the dealership in a manner consistent with the public interest and

meeting the requirements of this chapter.

Any person violating this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 39-05-17.2 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-17.2
39-05-17.2. Body damage disclosure - Rules - When required - Penalty
Status: in_force

39-05-17.2. Body damage disclosure - Rules - When required - Penalty

1. The department shall adopt rules relating to the manner and form of disclosing motor

vehicle body damage on the certificate of title to a motor vehicle. The rules must

provide for a damage disclosure statement from the transferor to the transferee at the

time ownership of a motor vehicle is transferred and provide that the department may

not transfer the title without the required damage disclosure statement.

2. Motor vehicle body damage disclosure requirements apply only to the transfer of title

on motor vehicles of a model year which have been released in the current calendar

year and those motor vehicles of a model year which were released in the seven

calendar years before the current calendar year. When a motor vehicle has been

subject to this disclosure requirement and a motor vehicle of a model year has not

been released in the current calendar year or the seven calendar years before the

current calendar year, the holder of the certificate of title with the damage disclosure

may have the disclosure removed and a new certificate of title issued for a fee of five

dollars.

3. As used in this section, "motor vehicle body damage" means a change in the body or

structure of a motor vehicle, generally resulting from a vehicular crash or accident,

including loss by fire, vandalism, weather, or submersion in water, resulting in damage

to the motor vehicle which equals or exceeds the greater of ten thousand dollars or

twenty-five percent of the predamage retail value of the motor vehicle as determined

by the national automobile dealers association official used car guide. The term does

not include body or structural modifications, normal wear and tear, glass damage, hail

damage, or items of normal maintenance and repair.

4. A person repairing, replacing parts, or performing body work on a motor vehicle of a

model year which was released in the current calendar year or the seven calendar

years before the current calendar year shall provide a statement to the owner of the

motor vehicle when the motor vehicle has sustained motor vehicle body damage

requiring disclosure under this section. The owner shall disclose this damage when

ownership of the motor vehicle is transferred. When a vehicle is damaged in excess of

seventy-five percent of its retail value as determined by the national automobile

dealers association official used car guide, the person repairing, replacing parts, or

performing body work on the motor vehicle of a model year which has been released

in the current calendar year or the seven calendar years before the current calendar

year shall also advise the owner of the motor vehicle that the owner of the vehicle

must comply with section 39-05-20.2.

5. The amount of damage to a motor vehicle is determined by adding the retail value of

all labor, parts, and material used in repairing the damage. When the retail value of

labor has not been determined by a purchase in the ordinary course of business, for

example when the labor is performed by the owner of the vehicle, the retail value of

the labor is presumed to be the product of the repair time, as provided in a generally

accepted autobody repair flat rate manual, multiplied by thirty-five dollars.

6. A person who violates this section or rules adopted pursuant to this section is guilty of

a class A misdemeanor.
N.D. Cent. Code § 39-21-53 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-53
39-21-53. Retractable axle control requirements
Status: in_force

39-21-53. Retractable axle control requirements

1. For a motor vehicle manufactured after July 31, 2005, variable load suspension or

retractable axles, or both, raised or lowered by air, hydraulic, or other pressure must

have the lock or pressure regulator valve, or both, positioned outside the cab and

inaccessible from the driver's compartment if there is more than one variable load

suspension axle or retractable axle, or a combination of each.

2. The control to lift and lower a retractable or variable load suspension axle may be

accessible in the driver's compartment, but also may not function as the pressure

control device unless allowed by subsection 1.
N.D. Cent. Code § 39-04-05 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-05
39-04-05. Grounds for refusing registration
Status: in_force

39-04-05. Grounds for refusing registration

The department shall refuse registration or any transfer of registration upon any of the

following grounds:

1. That the application contains any false or fraudulent statement or that the applicant

has failed to furnish required information or reasonable additional information

requested by the department or that the applicant is not entitled to registration of the

vehicle under this chapter.

2. That the vehicle is mechanically unfit or unsafe to be operated or moved upon the

highways.

3. That the department has reasonable ground to believe that the vehicle is a stolen or

embezzled vehicle or that the granting of registration would constitute a fraud against

the rightful owner or other person having valid lien upon the vehicle.

4. That the registration of the vehicle stands suspended or revoked for any reason as

provided in the motor vehicle laws of this state.

5. That the required fee has not been paid.

6. When any sales tax or motor vehicle excise tax, properly due, has not been paid.

7. For failure to maintain security for payment of basic no-fault benefits and the liabilities

covered under motor vehicle liability insurance on a motor vehicle as required by

8. For failure to provide proof of payment of the heavy vehicle use tax due, as required,

to the internal revenue service.

9. When the vehicle is operating in violation of the provisions of the international

registration plan, international fuel tax agreement, or the unified carrier registration

plan.

10. When a motor carrier has been ordered out of service by the federal motor carrier

safety administration.

The director shall promulgate rules and regulations for refusal of registration of vehicles not

equipped as required by chapter 39-21.
N.D. Cent. Code § 39-10-33 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-33
39-10-33. Pedestrian on roadway
Status: in_force

39-10-33. Pedestrian on roadway

1. Where a sidewalk is provided and its use is practicable, it is unlawful for any

pedestrian to walk along and upon an adjacent roadway.

2. Where a sidewalk is not available, any pedestrian walking along and upon a highway

shall walk only on a shoulder, as far as practicable from the edge of the roadway.

3. Where neither a sidewalk nor a shoulder is available, any pedestrian walking along

and upon a highway shall walk as near as practicable to an outside edge of the

roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway.

4. Except as otherwise provided for in this chapter, any pedestrian upon a roadway shall

yield the right of way to all vehicles upon the roadway.
N.D. Cent. Code § 39-24-10 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-10
39-24-10. Enforcement
Status: in_force

39-24-10. Enforcement

Peace officers of this state and their respective duly authorized representatives are hereby

authorized to enforce the provisions of this chapter.
N.D. Cent. Code § 39-03.1-08.2 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-08.2
39-03.1-08.2. Purchase of additional service credit
Status: in_force

39-03.1-08.2. Purchase of additional service credit

1. The fund may accept rollovers from other eligible plans under rules adopted by the

board for the purchase of additional service credit, but only to the extent the transfer is

a rollover contribution that meets the requirement of section 408 of the Internal

Revenue Code [26 U.S.C. 408].

2. The board may accept trustee-to-trustee transfers as permitted by Internal Revenue

Code section 403(b)(13) and section 457(e)(17) from an Internal Revenue Code

section 403(b) annuity or Internal Revenue Code section 457 deferred compensation

plan for the purchase of permissive service credit, as defined in Internal Revenue

Code section 415(n)(3)(A), or as repayment of a cashout from a governmental plan

under Internal Revenue Code section 415(k)(3).

3. A contributor may elect to purchase credit for years of service and prior service for

which the contributor is not presently receiving credit. A contributor is entitled to

purchase additional credit under this section for the following service or prior service,

except this service is not eligible for credit if the years claimed also qualify for

retirement benefits from another retirement system:

a. Except as provided in subsection 3 of section 39-03.1-10.1, up to four years of

credit for active employment in the armed forces of the United States.

b. Employment as a permanent employee by a public employer either within or

outside the state.

c. Employment as a permanent employee by the federal government.

4. A contributor may elect to purchase credit for the following absences for which the

participating contributor is not receiving service credit:

a. Employer-approved leave of absence; and

b. Months away from work while participating as a seasonal employee.

5. The contributor may purchase credit under this section by paying to the board an

amount equal to the actuarial cost to the fund of providing the credit. The board shall

adopt rules governing the purchase of additional credit under this section.

6. The board may establish individual retirement accounts and individual retirement

annuities as permitted under section 408(q) of the Internal Revenue Code to allow

employees to make voluntary employee contributions. The board may adopt

appropriate rules as may be necessary to implement and administer the accounts and

annuities under this section.

7. In addition to service credit identified in this section, a vested contributor may

purchase up to five years of service credit.

8. Pursuant to rules adopted by the board, the board may allow a contributor to purchase

service credit with either pretax or aftertax moneys, at the board's discretion. If a

contributor elects to purchase service credit using pretax moneys, the requirements

and restrictions in subsection 2 of section 39-03.1-09 apply to the purchase

arrangement.
N.D. Cent. Code § 39-08-11 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-11
39-08-11. When driver unable to report
Status: in_force

39-08-11. When driver unable to report

1. A crash notice is not required from any person who is physically incapable of making

the report during the period of such incapacity.

2. Whenever the driver of a vehicle is physically incapable of giving an immediate notice

of a crash and there was another occupant in the vehicle at the time of the crash

capable of doing so, the occupant shall make or cause to be given the notice not given

by the driver.

3. Whenever the driver is physically incapable of giving notice of a crash and the driver is

not the owner of the vehicle, then the owner of the vehicle involved shall within five

days after learning of the crash give the notice and insurance information not given by

the driver.
N.D. Cent. Code § 39-05-31.1 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-31.1
39-05-31.1. Administration of oaths
Status: in_force

39-05-31.1. Administration of oaths

Officers and employees of the department designated by the director may administer oaths

for the purposes of this chapter but may not charge any fee therefor.
N.D. Cent. Code § 39-20-01 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-01
39-20-01. Implied consent to determine alcohol concentration and presence of drugs
Status: in_force

39-20-01. Implied consent to determine alcohol concentration and presence of drugs

1. Any individual who operates a motor vehicle on a highway or on public or private areas

to which the public has a right of access for vehicular use in this state is deemed to

have given consent, and shall consent, subject to the provisions of this chapter, to a

chemical test, or tests, of the blood, breath, oral fluid, or urine for the purpose of

determining the alcohol concentration or presence of other drugs, or combination

thereof, in the individual's blood, breath, oral fluid, or urine. As used in this chapter, the

word "drug" means any drug or substance or combination of drugs or substances

which renders an individual incapable of safely driving, and the words "chemical test"

or "chemical analysis" mean any test to determine the alcohol concentration or

presence of other drugs, or combination thereof, in the individual's blood, breath, or

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

under this chapter.

2. The test or tests must be administered at the direction of a law enforcement officer

only after placing the individual under arrest for violation of section 39-08-01 or an

equivalent offense. For the purposes of this chapter, the taking into custody of a child

under section 27-20.4-05 or an individual under twenty-one years of age satisfies the

requirement of an arrest. The law enforcement officer shall determine which of the

tests is to be used.

3. a. The law enforcement officer shall inform the individual North Dakota law requires

the individual to take a chemical test to determine whether the individual is under

the influence of alcohol or drugs and refusal of the individual to submit to a test

directed by the law enforcement officer may result in a revocation of the

individual's driving privileges for a minimum of one hundred eighty days and up to

three years.

b. If an individual refuses to submit to testing under this section, proof of the refusal

is not admissible in any administrative proceeding under this chapter if the law

enforcement officer fails to inform the individual as required under subdivision a.

4. When an individual under the age of eighteen years is taken into custody for violating

section 39-08-01 or an equivalent ordinance, the law enforcement officer shall attempt

to contact the individual's parent or legal guardian to explain the cause for the custody.

Neither the law enforcement officer's efforts to contact, nor any consultation with, a

parent or legal guardian may be permitted to interfere with the administration of

chemical testing requirements under this chapter. The law enforcement officer shall

mail a notice to the parent or legal guardian of the minor within ten days after the test

results are received or within ten days after the minor is taken into custody if the minor

refuses to submit to testing. The notice must contain a statement of the test performed

and the results of that test; or if the minor refuses to submit to the testing, a statement

notifying of that fact. The attempt to contact or the contacting or notification of a parent

or legal guardian is not a precondition to the admissibility of chemical test results or

the finding of a consent to, or refusal of, chemical testing by the individual in custody.
N.D. Cent. Code § 39-24.1-01 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-01
39-24.1-01. Implied consent to determine alcohol concentration and presence of drugs
Status: in_force

39-24.1-01. Implied consent to determine alcohol concentration and presence of

drugs.

An individual who operates a snowmobile on any public land or private land with public

access is deemed to have given consent, and shall consent, subject to this chapter, to a

chemical test, or tests, of the blood, breath, or urine for the purpose of determining the alcohol

concentration or presence of other drugs, or combination thereof, in the individual's blood,

breath, or urine. As used in this chapter, the definitions in section 39-24-01 apply, and in

addition, "chemical test" means any test or tests to determine the alcohol concentration or

presence of other drugs, or combination thereof, in the individual's blood, breath, or urine,

approved by the director of the state crime laboratory or the director's designee under this

chapter; and "drug" means any drug or substance or combination of drugs or substances which

renders an individual incapable of safely operating a snowmobile. The chemical test must be

administered at the direction of a law enforcement officer only after placing the individual,

except individuals mentioned in section 39-24.1-04, under arrest and informing that individual

that the individual is or will be charged with the offense of operating a snowmobile while under

the influence of intoxicating liquor, drugs, or a combination thereof. For the purposes of this

chapter, the taking into custody of a minor under section 27-20.4-05 satisfies the requirement of

an arrest. The law enforcement officer shall also inform the individual charged that refusal of the

individual to submit to the chemical test determined appropriate will result in that individual

being prohibited from operating a snowmobile for up to three years. The law enforcement officer

shall determine the chemical test to be used. When a minor is taken into custody for violating

subdivision c of subsection 5 of section 39-24-09, the law enforcement officer shall diligently

attempt to contact the minor's parent or legal guardian to explain the cause for the custody and

the implied consent chemical testing requirements. Neither the law enforcement officer's efforts

to contact, nor any consultation with, a parent or legal guardian may be permitted to interfere

with the administration of chemical testing requirements under this chapter.
N.D. Cent. Code § 39-03.1-13 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-13
39-03.1-13. Optional retirement
Status: repealed

39-03.1-13. Optional retirement

Repealed by S.L. 1987, ch. 444, § 8.
N.D. Cent. Code § 39-21-08 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-08
39-21-08. Additional equipment required on certain vehicles
Status: in_force

39-21-08. Additional equipment required on certain vehicles

In addition to other equipment required in this chapter, the following vehicles must be

equipped as herein stated under the conditions stated in section 39-21-07:

1. On every bus, truck, trailer, or semitrailer there must be the following:

a. On the rear, two reflectors, one at each side, and one stoplight.

b. A trailer or semitrailer which is not so loaded or of such dimensions as to obscure

the stoplight on the towing vehicle, need not be equipped with a stoplight.

2. On every bus, truck, trailer, or semitrailer eighty inches [203.2 centimeters] or more in

overall width there must be the following:

a. On the rear, two reflectors, one at each side, two clearance lamps, one at each

side, and one stoplight.

b. On the front, two clearance lamps, one at each side.

3. On every truck tractor there must be the following:

a. On the front, two clearance lamps, one at each side.

b. On the rear, one stoplight.

4. On every pole trailer there must be the following:

a. On the rear of the pole trailer or load, two reflectors, one at each side.

b. In addition, on pole trailers exceeding three thousand pounds [1360.78 kilograms]

gross weight, there must be on each side one side marker lamp and one

clearance lamp which may be in combination, to show to the front, side, and rear.
N.D. Cent. Code § 39-34-02 — ND Code / Title 39 / Chapter 39-34 / Section 39-34-02
39-34-02. Fare or fee charged for services
Status: in_force

39-34-02. Fare or fee charged for services

The transportation network company or delivery network company shall provide passengers

or customers with the applicable rates being charged and the option to receive an estimated

fare or fee before the passenger enters the transportation network company driver's vehicle or

before the customer finalizes the delivery request.
N.D. Cent. Code § 39-05-20.3 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-20.3
39-05-20.3. Grounds for refusing certificate of title
Status: in_force

39-05-20.3. Grounds for refusing certificate of title

The department may not issue a certificate of title or transfer a certificate of title if:

1. The application contains any false or fraudulent statements, the applicant has failed to

furnish required information or reasonable additional information requested by the

department, or the applicant is not entitled to the issuance of a certificate of title under

this chapter.

2. The vehicle is mechanically unfit or unsafe to be operated or moved upon the

highways. A vehicle is unfit and unsafe if the vehicle has an out-of-state marked title

that includes a certificate for destruction or a notation on the title that the vehicle is

scrap, parts-only, junk, unrepairable, nonrebuildable, a dismantler, or any other similar

notation.

3. The department has reason to believe the vehicle is a stolen or embezzled vehicle or

the granting of title would constitute a fraud against the rightful owner or other person

having valid lien upon the vehicle.

4. The certificate of title is suspended or revoked for any reason.

5. The required fee has not been paid.

6. Any sales tax or motor vehicle excise tax, properly due, has not been paid.

7. There is failure to provide security for payment of basic no-fault benefits and the

liabilities covered under motor vehicle liability insurance on a motor vehicle as required

by chapter 26.1-41.
N.D. Cent. Code § 39-29-11 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-11
39-29-11. Enforcement
Status: in_force

39-29-11. Enforcement

Only peace officers of this state and their respective duly authorized representatives may

enforce this chapter.
N.D. Cent. Code § 39-03-16 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-16
39-03-16. Safety division created - Director
Status: in_force

39-03-16. Safety division created - Director

There is hereby created a safety division within the state highway patrol for the purpose of

reducing the danger of travel on the highways, roads, and streets of this state, the number of

motor vehicle accidents with resultant loss of lives, personal injuries, and property damage, and

encouraging better law enforcement, more uniform penalties, safe driving practices, and public

adherence to traffic safety laws, through public education, information, and support.

The director of the safety division must be appointed by the superintendent in accordance

with sections 39-03-03 and 39-03-04, and possessing such qualifications by education or

experience in the field of highway safety as the superintendent shall determine. The director

shall receive such compensation as may be determined by the superintendent.
N.D. Cent. Code § 39-07-07.1 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-07.1
39-07-07.1. Provision of envelopes for traffic and parking violations on state charitable or penal institution property or state capitol grounds
Status: repealed

39-07-07.1. Provision of envelopes for traffic and parking violations on state

charitable or penal institution property or state capitol grounds.

Repealed by S.L. 2021, ch. 291, § 4.
N.D. Cent. Code § 39-31-16 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-16
39-31-16. Enforcement of chapter
Status: in_force

39-31-16. Enforcement of chapter

Any law enforcement officer may make an arrest for any violation of this chapter, and the

state's attorney of the county in which the offense was committed shall prosecute the offender.

The highway patrol shall enforce this chapter in any part of the state. Upon written request of

the department or the highway patrol, the attorney general shall prosecute or assist in the

prosecution of any person alleged to have violated this chapter or any rule adopted to

implement this chapter.
N.D. Cent. Code § 39-04-04 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-04
39-04-04. Register of applicants to be kept by the department
Status: in_force

39-04-04. Register of applicants to be kept by the department

The department shall file each application received, and when satisfied as to the

genuineness and regularity thereof, and that the applicant is entitled thereto, shall register the

described vehicle and the owner in books or electronic data processing files or on index cards

or film as follows:

1. Under a distinctive registration number assigned to the vehicle and its owner, referred

to in this chapter as the registration number.

2. Alphabetically under the name of the owner.

3. Numerically by the serial or identification number of the vehicle.

4. In the discretion of the department, in any other manner it may deem desirable.
N.D. Cent. Code § 39-06.2-10.6 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-10.6
39-06.2-10.6. Administrative hearing on request
Status: in_force

39-06.2-10.6. Administrative hearing on request

1. Before issuing an order of suspension, revocation, or disqualification under section

39-06.2-10, the director shall afford that person an opportunity for a hearing as

provided by section 39-20-05, if the person mails a request for the hearing to the

director within ten days after the date of issuance of the temporary driver's permit.

2. If the issue to be determined by the hearing concerns license suspension for operating

a commercial motor vehicle while having an alcohol concentration of at least four

one-hundredths of one percent by weight, the hearing must be before a hearing officer

assigned by the director and at a time and place designated by the director. The

hearing must be recorded and its scope may cover only the issues of whether the

arresting officer had reasonable grounds to believe the person had been driving or

was in actual physical control of a commercial motor vehicle in violation of section

39-06.2-10.1, whether the person was lawfully detained, whether the person was

tested in accordance with section 39-06.2-10.2, and whether the test results show the

person had an alcohol concentration of at least four one-hundredths of one percent by

weight. For purposes of this section, a copy of a certified copy of an analytical report of

a blood or urine sample from the office of the director of the state crime laboratory or

the director's designee, or a certified copy of the checklist and test records from a

certified breath test operator establish prima facie the alcohol concentration shown

therein. Whether the person was warned that the privilege to drive might be

suspended based on the results of the test is not an issue.

3. If the issue to be determined by the hearing concerns license revocation for refusing to

submit to a test under section 39-06.2-10.2, the hearing must be before a hearing

officer assigned by the director at a time and place designated by the director. The

hearing must be recorded. The scope of a hearing for refusing to submit to a test

under section 39-06.2-10.2 may cover only the issues of whether a law enforcement

officer had reasonable grounds to believe the person had been driving or was in actual

physical control of a commercial motor vehicle in violation of section 39-06.2-10.1,

whether the person was lawfully detained, and whether that person refused to submit

to the test or tests. The scope of a hearing for refusing to submit to a test under

subsection 3 of section 39-06.2-10.4 may cover only the issues of whether the law

enforcement officer had reason to believe the person committed a moving traffic

violation or was involved in a traffic accident as a driver, whether in conjunction with

the violation or the accident the officer has, through the officer's observations,

formulated an opinion that the person's body contains alcohol and, whether the person

refused to submit to the onsite screening test. Whether the person was warned that

the privilege to drive would be revoked or denied for refusal to submit to the test or

tests is not an issue.

4. At a hearing under this section, the regularly kept records of the director and the state

crime laboratory may be introduced. Those records establish prima facie their contents

without further foundation. For purposes of this chapter, the following are deemed

regularly kept records of the director and the state crime laboratory:

a. Any copy of a certified copy of an analytical report of a blood or urine sample

received by the director from the director of the state crime laboratory or the

director's designee or a law enforcement officer, a certified copy of the checklist

and test records received by the director from a certified breath test operator; and

b. Any copy of a certified copy of a certificate of the director of the state crime

laboratory or the director's designee relating to approved methods, devices,

operators, materials, and checklists used for testing for alcohol concentration

received by the director from the director of the state crime laboratory or the

director's designee, that have been electronically posted with the state crime

laboratory division of the attorney general at the attorney general website.

5. At the close of the hearing, the hearing officer shall notify the person of the hearing

officer's findings of fact, conclusions of law, and decision based on the findings and

conclusions and shall immediately deliver to the person a copy of the decision. If the

hearing officer does not find in favor of the person, the copy of the decision serves as

the director's official notification to the person of the revocation, suspension, or denial

of driving privileges in this state. If the hearing officer finds, based on a preponderance

of the evidence, that the person refused a test under section 39-06.2-10.2 or that the

person had an alcohol concentration of at least four one-hundredths of one percent by

weight, the hearing officer shall immediately take possession of the person's

temporary driver's permit issued under this chapter. If the hearing officer does not find

against the person, the hearing officer shall sign, date, and mark on the person's

permit an extension of driving privileges for the next twenty days and shall return the

permit to the person. The hearing officer shall report the findings, conclusions, and

decisions to the director within ten days of the conclusion of the hearing. If the hearing

officer has determined in favor of the person, the director shall return the person's

commercial driver's license by regular mail to the address on file with the director

under section 39-06.2-08.

6. If the person who requested a hearing under this section fails to appear at the hearing

without justification, the right to the hearing is waived, and the hearing officer's

determination on license revocation, suspension, or denial will be based on the written

request for hearing, law enforcement officer's report, and other evidence as may be

available. On the date for which the hearing is scheduled, the hearing officer shall mail

to the person, by regular mail, at the address on file with the director under section

39-06-20, or at any other address for the person or the person's legal representative

supplied in the request for hearing, a copy of the decision which serves as the

director's official notification to the person of the revocation, suspension, or denial of

driving privileges in this state. Even if the person for whom the hearing is scheduled

fails to appear at the hearing, the hearing is deemed to have been held on the date for

which it is scheduled for purposes of appeal under section 39-06.2-10.7.

7. A hearing under this section may be conducted in whole or in part by telephone,

television, virtual online interface, or other electronic means with the consent of the

licensee. A hearing officer may provide a notice, decision, or order under this section

by mail or other means as authorized by the director.
N.D. Cent. Code § 39-04-08 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-08
39-04-08. Number plates furnished by the department
Status: in_force

39-04-08. Number plates furnished by the department

The department shall furnish to every motor vehicle owner two number plates for each

registered motor vehicle, and one number plate for each registered motorcycle, trailer, or

housetrailer. The department may, in its discretion, furnish only one number plate for each

registered apportioned vehicle licensed under the international registration plan as authorized in

section 39-19-04, truck tractor, or semitrailer.
N.D. Cent. Code § 39-10-09 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-09
39-10-09. Passing vehicles proceeding in opposite directions
Status: in_force

39-10-09. Passing vehicles proceeding in opposite directions

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and

upon roadways having width for not more than one line of traffic in each direction each driver

shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as

possible.
N.D. Cent. Code § 39-28-03 — ND Code / Title 39 / Chapter 39-28 / Section 39-28-03
39-28-03. Reimbursement for motorcycle safety courses
Status: in_force

39-28-03. Reimbursement for motorcycle safety courses

The director shall reimburse public schools and organizations offering approved motorcycle

safety courses for the actual cost of the courses. The amount of reimbursement for each

student may not exceed the actual per-pupil cost for the motorcycle safety program.
N.D. Cent. Code § 39-18-04 — ND Code / Title 39 / Chapter 39-18 / Section 39-18-04
39-18-04. Safety devices and requirements
Status: in_force

39-18-04. Safety devices and requirements

Any new mobile home sold in the state of North Dakota and licensed under the provisions of

this chapter must be equipped with combination taillight and stoplight controlled and operated

from the driver's seat of the propelling vehicle; such mobile home must further be equipped with

brakes approved by the department, designed and capable of bringing to a stop such vehicle

and mobile home within a distance of fifty feet [15.24 meters] when operated at a speed of

twenty miles [32.19 kilometers] per hour. No person may drive any mobile home on the

highways of this state unless the propelling vehicle is able to stop within the distance and in the

manner prescribed herein.

Any new mobile home sold in the state of North Dakota and licensed under the provisions of

this chapter must be equipped with a hitch or coupler which will comply with the regulations as

established by the interstate commerce commission.
N.D. Cent. Code § 39-21-33 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-33
39-21-33. Maintenance of brakes
Status: in_force

39-21-33. Maintenance of brakes

All brakes must be maintained in good working order and must be so adjusted as to operate

as equally as practicable with respect to the wheels on opposite sides of the vehicle.
N.D. Cent. Code § 39-09-07.1 — ND Code / Title 39 / Chapter 39-09 / Section 39-09-07.1
39-09-07.1. Speed zones - Reduction limitation
Status: in_force

39-09-07.1. Speed zones - Reduction limitation

1. Except under subsections 2 and 3, a street, road, or highway in the state highway

system or any other township, county, or state road or highway may not be posted in a

manner which reduces the maximum speed limit on the street, road, or highway by

more than twenty miles [32.19 kilometers] per hour between two signs posted in a

speed zone.

2. The maximum speed limit reductions between two fixed or variable signs in a variable

speed limit adjustment zone may exceed twenty miles [32.19 kilometers] per hour

when speed limits are lowered temporarily by the director due to unsafe conditions.

3. The maximum speed limit reduction between two signs posted in a highway

construction zone may not exceed thirty miles [48.28 kilometers] per hour.
N.D. Cent. Code § 39-12-23 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-23
39-12-23. Governor's order authorizing excess limits
Status: in_force

39-12-23. Governor's order authorizing excess limits

The governor of this state is hereby authorized, by order of general application, to permit

and prescribe definite excess limitations as to size and weight for the operation of motor

vehicles in emergencies and to meet unusual conditions for the general welfare of the public.

The operation of such vehicles, in accordance with the governor's order, does not constitute

a violation of the statutes relative to limitations on sizes and weights.
N.D. Cent. Code § 39-06-12 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-12
39-06-12. Cancellation of an operator's license of a minor upon death of applicant
Status: in_force

39-06-12. Cancellation of an operator's license of a minor upon death of applicant

The director upon receipt of satisfactory evidence of the death of the individual who signed

the application of a minor for an operator's license shall cancel the operator's license and may

not issue a new license until a new application is made by the minor.
N.D. Cent. Code § 39-03-12 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-12
39-03-12. Penalty in violation of chapter
Status: in_force

39-03-12. Penalty in violation of chapter

Any person who violates 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 § 39-12-03 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-03
39-12-03. Director or local authorities may limit use of vehicles on highways - Exception for inclement weather
Status: in_force

39-12-03. Director or local authorities may limit use of vehicles on highways -

Exception for inclement weather.

1. Whenever a highway will be seriously damaged or destroyed by reason of

deterioration, rain, snow, or other climatic conditions unless the use of vehicles is

prohibited or the weight of the vehicle thereon is limited, the director or employees

authorized by the director by an order, and local authorities by ordinance or resolution,

may prohibit the operation of vehicles upon such highway or may impose weight

restrictions on vehicles. The director or employees making the order and local

authorities enacting the ordinance or resolution shall erect or cause to be erected and

maintained signs designating the provisions of the order, ordinance, or resolution. The

signs must be erected and maintained at each end of the portion of highway affected,

and the order, ordinance, or resolution is not effective until the signs are erected and

maintained. The operation of trucks or other commercial vehicles or limitations as to

the weight of vehicles on designated highways may be prohibited or limited in the

same manner.

2. In instances of inclement weather, as determined by the local authorities, changes

may be made to existing posted restrictions on a portion of a highway if the local

authority:

a. Gives public notice of the change in the posted restrictions on any portion of a

highway by publishing the inclement weather restriction on the local authority's

website and a uniform county permit system or similar permit system within one

hour after the initial determination of inclement weather; and

b. Within five days of the first date of inclement weather, erects and maintains a sign

at each end of the portion of the highway affected by the inclement weather

restriction.
N.D. Cent. Code § 39-16.1-07 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-07
39-16.1-07. Revocation or suspension of license for reasons other than provisions of this chapter
Status: in_force

39-16.1-07. Revocation or suspension of license for reasons other than provisions of

this chapter.

1. Whenever the director under any other law of this state, except sections 39-06-40 and

39-06-40.1, revokes the license of any person, the license must remain revoked and

may not be renewed nor shall any license be issued to such person, unless the person

gives and maintains proof of financial responsibility.

2. If a person by final order or judgment is convicted of or forfeits any bail or collateral

deposited to secure an appearance for trial for any offense requiring the revocation of

license, driving or being in actual physical control of a vehicle while under the influence

in violation of section 39-08-01 or equivalent ordinance, or operating a motor vehicle

upon the highway while the person's license or privilege to drive is under suspension

for a violation requiring a license or privilege to drive suspension of at least ninety-one

days or revocation, the license or driving privilege must be suspended or revoked and

no license may be issued or returned to the person, unless the person gives and

maintains proof of financial responsibility.
N.D. Cent. Code § 39-21-04 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-04
39-21-04. Taillamps
Status: in_force

39-21-04. Taillamps

1. Every motor vehicle, trailer, semitrailer and pole trailer, and any other vehicle which is

being drawn at the end of a train of vehicles, must be equipped with at least one

taillamp mounted on the rear, which, when lighted as hereinbefore required, must emit

a red light plainly visible from a distance of one thousand feet [304.8 meters] to the

rear, provided that in the case of a train of vehicles only the taillamp on the rearmost

vehicle need actually be seen from the distance specified. Every such

above-mentioned vehicle, other than a truck tractor, registered in this state and

manufactured or assembled after January 1, 1964, must be equipped with at least two

taillamps mounted on the rear, on the same level and as widely spaced laterally as

practicable, which, when lighted as herein required, comply with the provisions of this

section.

2. Every taillamp upon every vehicle must be located at a height of not more than

seventy-two inches [182.88 centimeters] nor less than fifteen inches [38.1

centimeters].

3. Either a taillamp or a separate lamp must be so constructed and placed as to

illuminate with a white light the rear registration plate and render it clearly legible from

a distance of fifty feet [15.24 meters] to the rear. Any taillamp or taillamps, together

with any separate lamp for illuminating the rear registration plate, must be so wired as

to be lighted whenever the headlamps or auxiliary driving lamps are lighted.
N.D. Cent. Code § 39-10-40 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-40
39-10-40. Method of giving hand-and-arm signals
Status: in_force

39-10-40. Method of giving hand-and-arm signals

All signals herein required given by hand and arm must be given from the left side of the

vehicle in the following manner and such signals must indicate as follows:

1. Left turn: hand and arm extended horizontally.

2. Right turn: hand and arm extended upward.

3. Stop or decrease speed: hand and arm extended downward.
N.D. Cent. Code § 39-04-16 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-16
39-04-16. Penalty for delinquent registration fees - Exceptions
Status: repealed

39-04-16. Penalty for delinquent registration fees - Exceptions

Repealed by S.L. 1975, ch. 328, § 1.
N.D. Cent. Code § 39-20-04 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-04
39-20-04. Revocation of privilege to drive motor vehicle upon refusal to submit to testing
Status: in_force

39-20-04. Revocation of privilege to drive motor vehicle upon refusal to submit to

testing.

1. If a person refuses to submit to testing under section 39-20-01 or 39-20-14, none may

be given, but the law enforcement officer shall immediately take possession of the

person's operator's license if it is then available and 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 a

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 driving privileges in this state and of the hearing procedures under this

chapter. The director, upon the receipt of that person's operator's license and a

certified written report of the law enforcement officer in the form required by the

director, forwarded by the officer within five days after issuing the temporary operator's

permit, showing that the officer had reasonable grounds to believe the person had

been driving or was in actual physical control of a motor vehicle while in violation of

section 39-08-01 or equivalent ordinance or, for purposes of section 39-20-14, had

reason to believe that the person committed a moving traffic violation or was involved

in a traffic accident as a driver, and in conjunction with the violation or accident the

officer has, through the officer's observations, formulated an opinion that the person's

body contains alcohol, that the person was lawfully arrested if applicable, and that the

person had refused to submit to the test or tests under section 39-20-01 or 39-20-14,

shall revoke that person's license or permit to drive and any nonresident operating

privilege for the appropriate period under this section, or if the person is a resident

without a license or a permit to operate a motor vehicle in this state, the director shall

deny to the person the issuance of a license or permit for the appropriate period under

this section after the date of the alleged violation, subject to the opportunity for a

prerevocation hearing and postrevocation review as provided in this chapter. In the

revocation of the person's operator's license the director shall give credit for time in

which the person was without an operator's license after the day of the person's

refusal to submit to the test except that the director may not give credit for time in

which the person retained driving privileges through a temporary operator's permit

issued under this section or section 39-20-03.2. The period of revocation or denial of

issuance of a license or permit under this section is:

a. One hundred eighty days if the person's driving record shows that within the

seven years preceding the most recent violation of this section, the person's

operator's license has not previously been suspended, revoked, or issuance

denied for a violation of this chapter or section 39-08-01 or equivalent ordinance.

b. Two years if the person's driving record shows that within the seven years

preceding the most recent violation of this section, the person's operator's license

has been once previously suspended, revoked, or issuance denied for a violation

of this chapter or section 39-08-01 or equivalent ordinance.

c. Three years if the person's driving record shows that within the seven years

preceding the most recent violation of this section, the person's operator's license

has at least twice previously been suspended, revoked, or issuance denied under

this chapter, or for a violation of section 39-08-01 or equivalent ordinance, or any

combination of the same, and the suspensions, revocations, or denials resulted

from at least two separate arrests.

2. A person's driving privileges are not subject to revocation if all of the following criteria

are met:

a. An administrative hearing is not held under section 39-20-05;

b. The person mails an affidavit to the director within twenty-five days after the

temporary operator's permit is issued. The affidavit must state that the person:

(1) Intends to voluntarily plead guilty to violating section 39-08-01 or equivalent

ordinance within twenty-five days after the temporary operator's permit is

issued;

(2) Agrees that the person's driving privileges must be suspended as provided

under section 39-06.1-10;

(3) Acknowledges the right to a section 39-20-05 administrative hearing and

section 39-20-06 judicial review and voluntarily and knowingly waives these

rights; and

(4) Agrees that the person's driving privileges must be revoked as provided

under this section without an administrative hearing or judicial review, if the

person does not plead guilty within twenty-five days after the temporary

operator's permit is issued, or the court does not accept the guilty plea, or

the guilty plea is withdrawn;

c. The person pleads guilty to violating section 39-08-01 or equivalent ordinance

within twenty-five days after the temporary operator's permit is issued;

d. The court accepts the person's guilty plea and a notice of that fact is mailed to the

director within twenty-five days after the temporary operator's permit is issued;

and

e. A copy of the final order or judgment of conviction evidencing the acceptance of

the person's guilty plea is received by the director prior to the return or

reinstatement of the person's driving privileges.

3. The court must mail a copy of an order granting a withdrawal of a guilty plea to

violating section 39-08-01, or equivalent ordinance, to the director within ten days after

it is ordered. Upon receipt of the order, the director shall immediately revoke the

person's driving privileges as provided under this section without providing an

administrative hearing.
N.D. Cent. Code § 39-31-13 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-13
39-31-13. Regulations furnished to holder of permit
Status: in_force

39-31-13. Regulations furnished to holder of permit

The department shall mail each holder of a household goods carrier permit under this

chapter the rules the department adopts to implement this chapter.
N.D. Cent. Code § 39-06-14.2 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-14.2
39-06-14.2. Driver license central identity management
Status: in_force

39-06-14.2. Driver license central identity management

1. The director shall provide central identity management for all state agencies for

citizens who possess a nondriver photo identification card or driver's license using

driver record data. Upon an individual's change in citizenship status under section

39-06-03.1 or 39-06-14, the director shall report to the secretary of state the

individual's updated information as required under section 16.1-02-09.

2. The director will provide access for identity verification. The director may not allow

entities to transfer or collect identification data from the driver's license database, but

shall create processes and procedures that enable verification of data without direct

release of the data, except as authorized in chapter 39-33.

3. The director shall develop procedures to comply with this section.
N.D. Cent. Code § 39-04-18.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-18.1
39-04-18.1. Failure to register upon gainful employment
Status: in_force

39-04-18.1. Failure to register upon gainful employment

A person operating a motor vehicle in violation of subdivision c or e of subsection 2 of

section 39-04-18 shall purchase an annual registration for that motor vehicle for a fee that is not

discounted from the appropriate amount listed in a table in section 39-04-19. A law enforcement

officer may issue a registration for that vehicle and shall remit the registration fee to the

department of transportation. The department shall provide for evidence of registration to be

issued by a law enforcement officer enforcing subdivision c or e of subsection 2 of section

39-04-18.
N.D. Cent. Code § 39-09-01.1 — ND Code / Title 39 / Chapter 39-09 / Section 39-09-01.1
39-09-01.1. Care required in operating vehicle
Status: in_force

39-09-01.1. Care required in operating vehicle

Any person driving a vehicle upon a highway shall drive the vehicle in a careful and prudent

manner, having due regard to the traffic, surface, and width of the highway and other conditions

then existing, and shall give such warnings as are reasonably necessary for safe operation

under the circumstances. No person may drive any vehicle upon a highway in a manner to

endanger the life, limb, or property of any person.
N.D. Cent. Code § 39-24-07 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-07
39-24-07. Licensing by political subdivisions
Status: in_force

39-24-07. Licensing by political subdivisions

No political subdivision of this state may require licensing or registration of snowmobiles

subject to the provisions of this chapter.
N.D. Cent. Code § 39-22.3-02 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-02
39-22.3-02. Application required
Status: in_force

39-22.3-02. Application required

A license may not be granted unless a completed application has been made in the form

prescribed by the director.
N.D. Cent. Code § 39-03.1-22 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-22
39-03.1-22. Payments of allowances
Status: repealed

39-03.1-22. Payments of allowances

The allowances granted under the provisions of this chapter may not be increased,

decreased, revoked, or repealed except as provided by law.
N.D. Cent. Code § 39-12-17 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-17
39-12-17. Trial - Charges
Status: in_force

39-12-17. Trial - Charges

At the trial of the action, the court shall hear testimony concerning the facts and if it is found

that such vehicle or vehicles were moved upon the highways, streets, or roads of this state at a

weight in excess of the limitations imposed under the provisions of section 39-12-03 or

39-12-05.3, or as limited by the provisions of section 39-12-05, charges for the extraordinary

use of the highways, streets, or roads must be assessed as follows:

1. The storage charges and costs of the action must be assessed; and

2. An additional charge must be assessed as follows:

1 to 1,000 pounds [.45 to 453.59 kilograms] of excess weight = $20

1,001 to 2,000 pounds [454.05 to 907.18 kilograms] of excess weight = $40

2,001 to 3,000 pounds [907.64 to 1360.78 kilograms] of excess weight = $60

3,001 to 4,000 pounds [1361.23 to 1814.37 kilograms] of excess weight = $140

4,001 to 5,000 pounds [1814.82 to 2267.96 kilograms] of excess weight = $220

5,001 to 6,000 pounds [2268.41 to 2721.55 kilograms] of excess weight = $305

6,001 to 7,000 pounds [2722.01 to 3175.14 kilograms] of excess weight = $380

7,001 to 8,000 pounds [3175.60 to 3628.74 kilograms] of excess weight = $495

8,001 to 9,000 pounds [3629.19 to 4082.33 kilograms] of excess weight = $575

9,001 to 10,000 pounds [4082.78 to 4535.92 kilograms] of excess weight = $655

10,001 to 11,000 pounds [4536.37 to 4989.51 kilograms] of excess weight =

$1,100

11,001 to 12,000 pounds [4989.97 to 5443.10 kilograms] of excess weight =

$1,200

12,001 to 13,000 pounds [5443.56 to 5896.70 kilograms] of excess weight =

$1,300

13,001 to 14,000 pounds [5897.15 to 6350.29 kilograms] of excess weight =

$1,680

14,001 to 15,000 pounds [6350.74 to 6803.88 kilograms] of excess weight =

$1,800

15,001 to 16,000 pounds [6804.33 to 7257.47 kilograms] of excess weight =

$1,920

16,001 to 17,000 pounds [7257.93 to 7711.06 kilograms] of excess weight =

$2,550

17,001 to 18,000 pounds [7711.52 to 8164.66 kilograms] of excess weight =

$2,700

18,001 to 19,000 pounds [8165.11 to 8618.25 kilograms] of excess weight =

$2,850

19,001 to 20,000 pounds [8618.70 to 9071.84 kilograms] of excess weight =

$3,000

20,001 to 21,000 pounds [9072.29 to 9525.43 kilograms] of excess weight =

$4,200

21,001 to 22,000 pounds [9525.89 to 9979.02 kilograms] of excess weight =

$4,400

22,001 to 23,000 pounds [9979.48 to 10432.62 kilograms] of excess weight =

$4,600

23,001 to 24,000 pounds [10433.07 to 10886.21 kilograms] of excess weight =

$4,800

24,001 to 25,000 pounds [10886.66 to 11339.80 kilograms] of excess weight =

$5,000

25,001 to 26,000 pounds [11340.25 to 11793.40 kilograms] of excess weight =

$5,200

26,001 to 27,000 pounds [11793.86 to 12246.99 kilograms] of excess weight =

$5,400

27,001 to 28,000 pounds [12247.45 to 12700.59 kilograms] of excess weight =

$5,600

28,001 to 29,000 pounds [12701.04 to 13154.18 kilograms] of excess weight =

$5,800

29,001 to 30,000 pounds [13154.63 to 13607.77 kilograms] of excess weight =

$6,000

An additional charge of $200 for every 1,000-pound [453.59-kilogram] increase

over 30,000 pounds [13607.77 kilograms] consistent with the above formula.
N.D. Cent. Code § 39-05-27 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-27
39-05-27. Vehicle dealer to have certificate of title or other documentary evidence to prove possession
Status: in_force

39-05-27. Vehicle dealer to have certificate of title or other documentary evidence to

prove possession.

Every vehicle dealer shall have in the dealer's possession a separate certificate of title

assigned to such dealer or other documentary evidence of the dealer's right to the possession

of every vehicle in the dealer's possession.
N.D. Cent. Code § 39-04-26 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-26
39-04-26. Registration of vehicles transporting property - Based on registered gross weight - Minimum gross weight - Exemption
Status: in_force

39-04-26. Registration of vehicles transporting property - Based on registered gross

weight - Minimum gross weight - Exemption.

The registration and license fee for a motor vehicle or for any lawful combination of motor

vehicles used for the transportation of property must be based upon the registered gross weight

of the motor vehicle or combination of vehicles. The minimum gross weight for which the motor

vehicle or combination of motor vehicles can be licensed is double the unloaded weight of the

motor vehicle or combination of vehicles and, subject to the minimum, the owner of any motor

vehicle or combination of vehicles in the application for license shall set out the gross weight for

which the owner desires a license. The gross weight of any trailer, semitrailer, or farm trailer

may not be included in the minimum gross weight for which a vehicle must be licensed when the

vehicle or combination of vehicles is not for hire and when the gross weight of the trailer,

semitrailer, or farm trailer being towed does not exceed twenty-four thousand pounds [10886.22

kilograms].
N.D. Cent. Code § 39-05-10 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-10
39-05-10. Registration card - Issuance - Contents - Signing
Status: repealed

39-05-10. Registration card - Issuance - Contents - Signing

Repealed by S.L. 1973, ch. 295, § 2.
N.D. Cent. Code § 39-03.1-10.1 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-10.1
39-03.1-10.1. Refund and repurchase of contributions
Status: in_force

39-03.1-10.1. Refund and repurchase of contributions

Except as provided in section 39-03.1-10.3, a contributor whose employment has been

terminated for at least thirty days is entitled to a refund of or to repurchase contributions as

follows:

1. a. If the contributor has less than ten years of service at termination of employment,

the refund is payable either on application of the contributor or is automatically

payable if within thirty days after termination the contributor has not provided a

written statement to the board waiving the refund and requesting the contributor's

account remain in the fund and the contributor has an account balance of less

than one thousand dollars.

b. If the contributor has at least ten years of service at the date of termination, the

contributor may apply for a refund of accumulated deductions instead of

retirement benefits. By receiving the refund of accumulated deductions under this

subdivision, the contributor forfeits all months of service to the date of refund and

cannot use those months for any future benefit calculations.

2. A contributor who was paid a refund under subdivision a of subsection 1 may, upon

re-employment, elect to repurchase the forfeited past service for the retirement

program and the retiree health benefits program in accordance with the rules adopted

by the board.
N.D. Cent. Code § 39-25-07 — ND Code / Title 39 / Chapter 39-25 / Section 39-25-07
39-25-07. Exclusions - Free instruction - Colleges, universities, and high schools
Status: in_force

39-25-07. Exclusions - Free instruction - Colleges, universities, and high schools

This chapter does not apply to any person giving driver training lessons without charge, to

employers maintaining driver training schools without charge solely for that employer's

employees, nor to a school or a class conducted by a college, a university, or a high school for a

regularly enrolled full-time or part-time student as a part of a normal program of the institution,

except that a public driver education program may provide a certificate of course completion to

be used by a driver to waive the skill portion of the driver's license examination under section

39-25-02.1.
N.D. Cent. Code § 39-03.1-11.1 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-11.1
39-03.1-11.1. Benefit limitations
Status: repealed

39-03.1-11.1. Benefit limitations

Repealed by S.L. 2003, ch. 308, § 7.
N.D. Cent. Code § 39-24-06 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-06
39-24-06. Transfer or termination of snowmobile ownership or change of address of owner
Status: in_force

39-24-06. Transfer or termination of snowmobile ownership or change of address of

owner.

Within fifteen days after the transfer of ownership, or any part thereof, other than a security

interest, or the destruction or abandonment of any snowmobile, or a change of address of the

owner as listed with the application for registration, written notice thereof must be given by the

owner to the director in such form as must be prescribed by the director.
N.D. Cent. Code § 39-16.1-20 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-20
39-16.1-20. Seizure or return of operator's license
Status: repealed

39-16.1-20. Seizure or return of operator's license

Repealed by S.L. 2007, ch. 325, § 7.
N.D. Cent. Code § 39-06-29.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-29.1
39-06-29.1. Authority to suspend licenses of juveniles
Status: repealed

39-06-29.1. Authority to suspend licenses of juveniles

Repealed by S.L. 1983, ch. 415, § 39.
N.D. Cent. Code § 39-08-14 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-14
39-08-14. Public inspection of reports relating to crashes
Status: in_force

39-08-14. Public inspection of reports relating to crashes

1. All crash reports made by persons involved in crashes or by garages shall be without

prejudice to the individual so reporting and shall be for the confidential use of the

department or other state agencies having use for the records for crash prevention

purposes, or for the administration of the laws of this state relating to the deposit of

security and proof of financial responsibility by persons driving or the owners of motor

vehicles, except that the department may disclose the identity of a person involved in a

crash when such identity is not otherwise known or when such person denies the

person's presence at such crash.

2. All crash reports and supplemental information filed in connection with the

administration of the laws of this state relating to the deposit of security or proof of

financial responsibility are confidential and not open to general public inspection, nor

may copying of lists of such reports be permitted.

3. No written reports or written information mentioned in this section may be used as

evidence in any trial, civil or criminal, arising out of a crash, except that the director

shall furnish upon demand of any party to such trial, or upon demand of any court, a

certificate showing that a specified crash report has or has not been made to the

director in compliance with law.

4. Notwithstanding any other provisions of this chapter, any information compiled or

otherwise made available to the department pursuant to this chapter must be

transmitted to each and every duly authorized official or agency of the United States

requesting such.
N.D. Cent. Code § 39-04-56 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-56
39-04-56. Altering or forging registration card or temporary registration permit - Penalty
Status: in_force

39-04-56. Altering or forging registration card or temporary registration permit -

Penalty.

It is a class A misdemeanor for any person to:

1. Alter with fraudulent intent any registration card or temporary registration permit issued

by the department;

2. Forge or counterfeit any registration card or temporary registration permit purporting to

have been issued by the department under the provisions of this chapter;

3. Alter or falsify with fraudulent intent or forge any assignment of a registration card or

temporary registration permit; or

4. Use any registration card, temporary registration permit, or assignment, knowing the

same to have been altered, forged, or falsified.
N.D. Cent. Code § 39-24-08 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-08
39-24-08. Rules and regulations
Status: in_force

39-24-08. Rules and regulations

Pursuant to this code and this chapter, rules for the regulation and use of snowmobiles must

be adopted as follows:

1. The director shall adopt rules for the registration of snowmobiles and display of

registration numbers.

2. The director has the authority in the interest of public health, welfare, and safety to

regulate, restrict, or prohibit, by rule, the operation of snowmobiles on those highways

under the director's jurisdiction. The director's authority to prohibit the use of

snowmobiles is limited to the roadways, shoulders, inslopes, and medians within the

right of way, except where such action is necessary to avoid an obstacle.

Notwithstanding the racing prohibitions in section 39-08-03.1, the director may, on a

case-by-case basis, permit organized and bona fide snowmobile races on the ditch

bottoms, backslopes, and the top of the backslopes of the highway rights of way under

the director's jurisdiction. The planning, organization, route selection, and safety

precautions of any such race are the sole responsibility of the permittee. It is expressly

provided that the director, and the department and the employees thereof, shall incur

no liability whatsoever for permitting such races.

3. The director of the parks and recreation department shall adopt rules for regulating

use of snowmobiles in state parks and other state-owned land under the supervision of

the director of the parks and recreation department.

4. The governing bodies of political subdivisions shall promulgate rules and regulations

for regulating use of snowmobiles in recreation and other appropriate areas under their

jurisdiction. The governing bodies of cities may, by ordinance, regulate, restrict, and

prohibit the use of snowmobiles when operated within the exclusive jurisdiction of

cities.
N.D. Cent. Code § 39-21-44.1 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-44.1
39-21-44.1. Vehicle to be constructed to prevent sifting or leaking loads
Status: in_force

39-21-44.1. Vehicle to be constructed to prevent sifting or leaking loads

No vehicle may be driven or moved on any highway unless it is so constructed or loaded as

to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom, except

that sand may be dropped for the purpose of securing traction, or water or other substance may

be sprinkled on a roadway in cleaning or maintaining the roadway. No person may operate on

any highway any vehicle with any load unless the load and any covering thereon is securely

fastened so as to prevent said covering or load from becoming loose, detached, or in any

manner a hazard to other users of the highway.
N.D. Cent. Code § 39-07-07 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-07
39-07-07. Halting an individual for violating traffic regulations - Duty of officer halting
Status: in_force

39-07-07. Halting an individual for violating traffic regulations - Duty of officer halting

1. Whenever an individual is halted for the violation of any of the provisions of chapters

39-01 through 39-13, 39-18, 39-21, and 39-24, or of equivalent city ordinances, the

officer halting the individual, except as otherwise provided in section 39-07-09 and

section 39-20-03.1 or 39-20-03.2, may:

a. Take the name and address of the individual;

b. Take the license number of the individual's motor vehicle; and

c. If a city ordinance or state criminal traffic violation, issue a summons or otherwise

notify the individual in writing to appear at a time and place to be specified in the

summons or notice or, if a state noncriminal traffic violation, notify the individual of

the right to request a hearing when posting bond by mail.

2. A halting officer employed by a political subdivision of the state may not take an

individual into custody or require the individual to proceed with the officer to any other

location for the purpose of posting bond, if the traffic violation was a noncriminal

offense under section 39-06.1-02. The officer shall offer to provide the individual with

an envelope for use in mailing the bond.
N.D. Cent. Code § 39-04-07 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-07
39-04-07. Department to suspend registration upon notice of theft or embezzlement
Status: in_force

39-04-07. Department to suspend registration upon notice of theft or embezzlement

Whenever the owner of any motor vehicle which is stolen or embezzled files an affidavit

alleging either of such facts, the department immediately shall suspend the registration of such

vehicle and may not transfer the registration thereof nor reregister the same until such time as it

is notified that the owner has recovered such vehicle. Notices given as provided in this section

are effective only during the current registration year in which given, but if during such year such

vehicle is not recovered a new affidavit may be filed with like effect during the ensuing year.

Every owner who has filed an affidavit of theft or embezzlement immediately must notify the

department of the recovery of such vehicle.
N.D. Cent. Code § 39-33-06 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-06
39-33-06. Fees
Status: in_force

39-33-06. Fees

Disclosure of personal information required or permitted under sections 39-33-03, 39-33-04,

and 39-33-05 is subject to payment by the requesting person to the department of all fees for

the information required by law, or the terms of any contract with the requesting person, on the

terms for payment as may be required or agreed.
N.D. Cent. Code § 39-16-06 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-06
39-16-06. When requirements as to security and suspension do not apply
Status: in_force

39-16-06. When requirements as to security and suspension do not apply

The requirements as to security and suspension in section 39-16-05 do not apply:

1. To the driver of a motor vehicle involved in an accident wherein no injury or damage

was caused to the person or property of any one other than such driver.

2. To the driver of a motor vehicle if at the time of the accident the vehicle was stopped,

standing, or parked and whether attended or unattended, except that the requirements

of this chapter apply in the event the director determines that any such stopping,

standing, or parking of the vehicle was illegal or that the vehicle was not equipped as

required by the laws of this state and that any such violation contributed to the

accident.

3. If prior to the date that the director would otherwise suspend a license or nonresident's

operating privilege under section 39-16-05, there must be filed with the director

evidence satisfactory to the director that the person who would otherwise have to file

security has been released from liability or been finally adjudicated not to be liable or

has executed a confession of judgment, payable when and in such installments as the

parties have agreed to, or has executed a duly acknowledged written agreement

providing for the payment of an agreed amount in installments, with respect to all

claims for injuries or damages resulting from the accident.
N.D. Cent. Code § 39-13-09 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-09
39-13-09. Tourist-oriented directional signs
Status: in_force

39-13-09. Tourist-oriented directional signs

1. In this section:

a. "Tourist-oriented directional sign" means a sign providing identification of and

directional information for tourist-related businesses, services, or activities.

b. "Tourist-related business, service, or activity" means rural agricultural business

and tourism attractions, including recreation, historical sites, festival and cultural

events, lodging and food services which are singularly and uniquely related to

historical, cultural, or recreational tourist attractions, and guide services, but does

not include any business operated under a franchise agreement. The term

includes a business that derives a major portion of income or visitors from

individuals who do not reside in the immediate area of the business. The

immediate area of the business is within the city limits in which the business is

located, or within one mile [1.61 kilometers] from the business if located outside

city limits.

2. Notwithstanding section 24-01-12, the department shall establish by rule standards for

the erection and maintenance of tourist-oriented directional signs. The rules must

conform to federal standards for tourist-oriented directional signs adopted under

23 U.S.C. 131(q) as of July 1, 1991, and with the manual adopted by the department

under section 39-13-06 except that the rules must provide that logos may not be used

on tourist-oriented directional signs.

3. Upon the request of any person, a local authority that has adopted an ordinance

permitting the erection of tourist-oriented directional signs may authorize their erection

within the right of way of any highway under the jurisdiction of the local authority

except that tourist-oriented directional signs may not be erected within the right of way

of the interstate highway system. A tourist-oriented directional sign may not be erected

unless it is erected in compliance with rules adopted by the department for such signs.

4. The permit applicant shall engage a qualified contractor for the erection, installation,

and maintenance of tourist-oriented directional signs within the right of way of any

highway under the jurisdiction of the department except that tourist-oriented directional

signs may not be erected within the right of way of the interstate highway system. A

tourist-oriented directional sign may not be erected unless it is erected in compliance

with rules adopted by the department for such signs.
N.D. Cent. Code § 39-10-51 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-51
39-10-51. Unattended motor vehicle
Status: repealed

39-10-51. Unattended motor vehicle

Repealed by S.L. 2019, ch. 318, § 2.
N.D. Cent. Code § 39-16.1-02 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-02
39-16.1-02. Proof of financial responsibility defined
Status: repealed

39-16.1-02. Proof of financial responsibility defined

Repealed by S.L. 2013, ch. 291, § 62.
N.D. Cent. Code § 39-31-06 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-06
39-31-06. Household goods carrier - Household goods carrier permit application
Status: in_force

39-31-06. Household goods carrier - Household goods carrier permit application

A common household goods carrier may not operate within this state without having

obtained from the department a household goods carrier permit. An application must be upon

the form prescribed by the department. The application must contain proof of registration with

the secretary of state, and either proof of workers compensation insurance coverage or an

affidavit of nonemployment. The department shall deny issuing a household goods carrier

permit if the applicant submits an incomplete application.
N.D. Cent. Code § 39-06-50 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-50
39-06-50. Short title
Status: repealed

39-06-50. Short title

Repealed by S.L. 2013, ch. 291, § 62.
N.D. Cent. Code § 39-10-55 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-55
39-10-55. Driving on mountain highways
Status: in_force

39-10-55. Driving on mountain highways

The driver of a motor vehicle traveling through defiles or canyons or on mountain highways

shall hold such motor vehicle under control and as near the right-hand edge of the highway as

reasonably possible and, except when driving entirely to the right of the center of the roadway,

shall give audible warning with the horn of such motor vehicle upon approaching any curve

where the view is obstructed within a distance of two hundred feet [60.96 meters] along the

highway.
N.D. Cent. Code § 39-06.2-19 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-19
39-06.2-19. Fees - Deposit in highway fund
Status: in_force

39-06.2-19. Fees - Deposit in highway fund

1. All money received under this chapter must be paid monthly to the highway fund in the

state treasury.

2. The fee for:

a. A commercial driver's license test is five dollars.

b. An application for a commercial driver's license or permit is fifteen dollars.

c. Each endorsement is three dollars.

d. A nonresident commercial driver's license is twenty dollars.

e. The driving record for an employer or prospective employer is three dollars.
N.D. Cent. Code § 39-34-01 — ND Code / Title 39 / Chapter 39-34 / Section 39-34-01
39-34-01. Agent
Status: in_force

39-34-01. Agent

The transportation network company or delivery network company must maintain a

registered agent with the secretary of state for service of process in this state.
N.D. Cent. Code § 39-21-06.1 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-06.1
39-21-06.1. Additional lighting equipment
Status: in_force

39-21-06.1. Additional lighting equipment

1. Any motor vehicle may be equipped with one or more backup lamps either separately

or in combination with other lamps, but the backup lamp or lamps may not be lighted

when the vehicle is in a forward motion.

2. Any vehicle may be equipped with one or more side marker lamps which may be

flashed in conjunction with turn signals or vehicular hazard warning signals.
N.D. Cent. Code § 39-29-05 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-05
39-29-05. Disposition of registration fees and trail tax
Status: in_force

39-29-05. Disposition of registration fees and trail tax

1. Fees from registration of off-highway vehicles must be deposited with the state

treasurer and credited to the highway tax distribution fund.

2. The off-highway vehicle trail tax must be deposited in the off-highway vehicle fund in

the state treasury. The parks and recreation department may, on appropriation by the

legislative assembly, expend from that fund moneys for establishing off-highway

vehicle facilities, use areas, and safety and education programs, and on enforcement

of this chapter. The department may also use the fund to make grants to political

subdivisions, governmental agencies, and nonprofit organizations for the purpose of

developing and improving off-highway vehicle facilities and use areas and on

promoting off-highway vehicle safety and education. The department may also use the

fund to make grants to law enforcement agencies for the purpose of enforcing laws

applicable to off-highway vehicles and to the use of off-highway vehicle facilities and

use areas.
N.D. Cent. Code § 39-29-09.1 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-09.1
39-29-09.1. Equipment
Status: in_force

39-29-09.1. Equipment

To operate an off-highway vehicle on a paved highway or gravel, dirt, or loose surface

roadway under subsection 1 of section 39-29-09, the off-highway vehicle must be equipped with

a mirror in compliance with section 39-27-09, a horn in compliance with section 39-27-15, a

speedometer and odometer in compliance with section 39-27-16, a brake light, a lighted

headlamp in compliance with section 39-27-17.1, and a motor of at least three hundred fifty

cubic centimeters.
N.D. Cent. Code § 39-10-54 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-54
39-10-54. Obstruction to driver's view or driving mechanism
Status: in_force

39-10-54. Obstruction to driver's view or driving mechanism

1. No person may drive a vehicle when it is so loaded, or when there are in the front seat

such a number of persons, exceeding three, as to obstruct the view of the driver to the

front or sides of the vehicle or as to interfere with the driver's control over the driving

mechanism of the vehicle.

2. No passenger in a vehicle may ride in such position as to interfere with the driver's

view ahead or to the sides, or to interfere with the driver's control over the driving

mechanism of the vehicle.
N.D. Cent. Code § 39-27-04.1 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-04.1
39-27-04.1. Brakes on motor-driven cycles
Status: in_force

39-27-04.1. Brakes on motor-driven cycles

The department may require an inspection of the brake on any motor-driven cycle and may

disapprove any brake which is not so designed or constructed as to ensure reasonable and

reliable performance in actual use.
N.D. Cent. Code § 39-16.1-11 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-11
39-16.1-11. Motor vehicle liability policy
Status: in_force

39-16.1-11. Motor vehicle liability policy

1. A "motor vehicle liability policy" as said term is used in this chapter means an owner's

or an operator's policy of liability insurance, certified as provided in sections

39-16.1-09 and 39-16.1-10 as proof of financial responsibility, and issued, except as

otherwise provided in section 39-16.1-10, by an insurance carrier duly authorized to

transact business in this state, to or for the benefit of the person named therein as

insured.

2. Such owner's policy of liability insurance:

a. Must designate by explicit description or by appropriate reference all motor

vehicles with respect to which coverage is thereby to be granted; and

b. Must insure the person named therein and any other person, as insured, using

such motor vehicle or motor vehicles with the express or implied permission of

such named insured, against loss from the liability imposed by law for damages

arising out of the ownership, maintenance, or use of such motor vehicles within

the United States of America or the Dominion of Canada, subject to limits

exclusive of interest and costs, with respect to each such motor vehicle, as

follows: twenty-five thousand dollars because of bodily injury to or death of one

person in any one accident and subject to said 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.

3. Such operator's policy of liability insurance must insure the person named as insured

therein against loss from the liability imposed upon the person by law for damages

arising out of the use by the person of any motor vehicle, either unlimited, or limited by

excluding certain classes or types of motor vehicles, within the same territorial limits

and subject to the same limits of liability as are set forth above with respect to an

owner's policy of liability insurance.

4. Such motor vehicle liability policy must state the name and address of the named

insured, the coverage afforded by the policy, the premium charged therefor, the policy

period and the limits of liability, and must contain an agreement or be endorsed that

insurance is provided thereunder in accordance with the coverage defined in this

chapter as respects bodily injury and death or property damage, or both, and is subject

to all the provisions of this chapter.

5. Such motor vehicle liability policy need not insure any liability under any workforce

safety and insurance law nor any liability on account of bodily injury to or death of an

employee of the insured while engaged in the employment, other than domestic, of the

insured, or while engaged in the operation, maintenance, or repair of any such motor

vehicle nor any liability for damage to property owned by, rented to, in charge of, or

transported by the insured.

6. Every motor vehicle liability policy is subject to the following provisions, which need not

be contained in the policy:

a. The liability of the insurance carrier with respect to the insurance required by this

chapter becomes absolute if injury or damage covered by the motor vehicle

liability policy occurs; the policy may not be canceled or annulled as to the liability

by any agreement between the insurance carrier and the insured after the

occurrence of the injury or damage; and a statement made by the insured or on

the insured's behalf and a violation of the policy do not defeat or void the policy.

This subdivision does not restrict the ability of an insurance carrier to void a motor

vehicle liability policy for which an application was made after injury or damage

occurred and does not obligate the insurance carrier to pay a claim on account of

injury or damage that occurred before the application was made.

b. The satisfaction by the insured of a judgment for injury or damage is not a

condition precedent to the right or duty of the insurance carrier to make payment

on account of the injury or damage.

c. The insurance carrier has the right to settle any claim covered by the policy, and if

the settlement is made in good faith, the amount of that settlement is deductible

from the limits of liability specified in subdivision b of subsection 2 for the accident

out of which the claim arose.

d. The policy, the written application of the policy, if any, and any rider or

endorsement that does not conflict with the provisions of this chapter constitute

the entire contract between the parties.

7. Any policy which grants the coverage required for a motor vehicle liability policy may

also grant any lawful coverage in excess of or in addition to the coverage specified for

a motor vehicle liability policy and such excess or additional coverage is not subject to

the provisions of this chapter. With respect to a policy which grants such excess or

additional coverage, the term "motor vehicle policy" applies only to that part of the

coverage which is required by this section.

8. Any motor vehicle liability policy may provide that the insured shall reimburse the

insurance carrier for any payment the insurance carrier would not have been obligated

to make under the terms of the policy except for the provisions of this chapter.

9. Any motor vehicle liability policy may provide for the prorating of the insurance

thereunder with other valid and collectible insurance.

10. The requirements for a motor vehicle liability policy may be fulfilled by the policies of

one or more insurance carriers which policies together meet such requirements.

11. Any binder issued pending the issuance of a motor vehicle liability policy must be

deemed to fulfill the requirements for such policy.
N.D. Cent. Code § 39-06.2-13.1 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-13.1
39-06.2-13.1. Driving record information to be provided
Status: in_force

39-06.2-13.1. Driving record information to be provided

Notwithstanding any other provision of law and upon payment of a fee listed in section

39-06.2-19, the director shall provide full information regarding the driving record of an individual

who has been issued a commercial driver's license to an employer or to a prospective employer

if the individual has given written consent to the prospective employer for this information.
N.D. Cent. Code § 39-05-02.2 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-02.2
39-05-02.2. Exclusions from the certificate of title requirement
Status: in_force

39-05-02.2. Exclusions from the certificate of title requirement

A certificate of title need not be obtained for:

1. A vehicle owned by the United States unless it is registered in this state.

2. A vehicle owned by a manufacturer or dealer and held for sale, even if incidentally

moved on the highway or used for purposes of testing or demonstration, or a vehicle

used by a manufacturer solely for testing.

3. A vehicle owned by a nonresident of this state and not required by law to be registered

in this state.

4. A vehicle regularly engaged in interstate transportation of persons or property which is

registered in accordance with the international registration plan and for which a

currently effective certificate of title has been issued in another state that has a

reciprocal excise tax agreement with this state.

5. A vehicle moved solely by human or animal power.

6. Implements of husbandry.

7. Special mobile equipment.

8. A self-propelled wheelchair or tricycle for a mobility-impaired individual.

9. Any vehicle which is driven or moved upon a highway only for the purpose of crossing

the highway from one property to another. The vehicle shall cross the highway at an

angle of approximately ninety degrees to the direction of the highway.

10. Other vehicles not required to be registered in this state or not required to display

distinctive plates.

11. A manufactured home with respect to which the requirements of subsections 1

through 3 of section 39-05-35, as applicable, have been satisfied.

12. An electric bicycle.
N.D. Cent. Code § 39-10.3-03 — ND Code / Title 39 / Chapter 39-10.3 / Section 39-10.3-03
39-10.3-03. Experimental vehicle registration - Application - Issuance - Fees - Renewal
Status: in_force

39-10.3-03. Experimental vehicle registration - Application - Issuance - Fees -

Renewal.

1. An individual may not operate an experimental vehicle unless the vehicle has been

registered in accordance with this chapter.

2. The department shall design and furnish an application that must be used to register

an experimental vehicle. The registration must state the name and address of every

owner of the experimental vehicle and must be signed by at least one owner. A copy of

the application is evidence of registration for the first thirty days after the date of

application.

3. On receipt of an application and the appropriate fee, the department shall register the

experimental vehicle and assign a registration number and a certificate of registration.

The certificate of registration must include information regarding name and address of

the owner.

4. The fee for registration of an experimental vehicle is fifty dollars for each registration

cycle of one year ending on March thirty-first. The department may prorate the initial

registration fee. For a duplicate or replacement registration number or registration card

that is lost, mutilated, or becomes illegible, the department may charge a fee of not

more than five dollars.

5. To renew a registration, the owner of an experimental vehicle shall follow the

procedure adopted by the department and pay the registration fee.

6. The department may adopt rules for the registration of experimental vehicles and the

display of registration numbers.
N.D. Cent. Code § 39-03.1-11.3 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-11.3
39-03.1-11.3. Supplemental retiree benefit payment
Status: in_force

39-03.1-11.3. Supplemental retiree benefit payment

If the board determines that the fund has obtained a total return on investments of nine and

six hundredths percent or higher for the fiscal year ending June 30, 2007, or June 30, 2008, the

board shall authorize an additional payment equal to seventy-five percent of the January

retirement allowance following the fiscal yearend to each eligible retiree in pay status as of that

January, including joint and survivor and term certain beneficiaries, under this chapter. The

board may only make one payment under this section.
N.D. Cent. Code § 39-10.3-08 — ND Code / Title 39 / Chapter 39-10.3 / Section 39-10.3-08
39-10.3-08. Penalty
Status: in_force

39-10.3-08. Penalty

A violation of this chapter for which there is no penalty in this title is a class B misdemeanor.
N.D. Cent. Code § 39-03-15 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-15
39-03-15. Radar evidence in speed violations
Status: in_force

39-03-15. Radar evidence in speed violations

The speed of any motor vehicle may be checked by the use of radio microwaves or other

electrical device. The results of such checks shall be accepted as prima facie evidence of the

speed of such motor vehicle in any court or legal proceedings where the speed of the motor

vehicle is at issue. The driver of any such motor vehicle may be arrested without a warrant

under this section, provided the arresting officer is in uniform or displays the officer's badge of

authority; provided that such officer has observed the record of the speed of such motor vehicle

by the radio microwaves or other electrical device, or has received a radio message from the

officer who observed the speed of the motor vehicle recorded by the radio microwaves or other

electrical device. Nothing herein shall affect the powers of cities or towns to adopt and use such

device to measure speed.
N.D. Cent. Code § 39-16-14 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-14
39-16-14. Satisfaction of judgment
Status: repealed

39-16-14. Satisfaction of judgment

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-08-12 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-12
39-08-12. False reports
Status: repealed

39-08-12. False reports

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 39-12-05.3 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-05.3
39-12-05.3. Weight limitations for vehicles on highways other than the interstate system
Status: in_force

39-12-05.3. Weight limitations for vehicles on highways other than the interstate

system.

1. A person may not operate on a highway that is not part of the interstate system any

vehicle with a single axle that carries a gross weight in excess of twenty thousand

pounds [9071.85 kilograms] or a wheel load over ten thousand pounds [4535.92

kilograms]. A wheel may not carry a gross weight over five hundred fifty pounds

[249.48 kilograms] for each inch [2.54 centimeters] of tire width. Axles spaced forty

inches [101.60 centimeters] apart or less are considered as one axle. On axles spaced

over forty inches [101.60 centimeters] and under eight feet [2.44 meters] apart, the

axle load may not exceed nineteen thousand pounds [8618.26 kilograms] per axle,

with a maximum of thirty-four thousand pounds [15422.14 kilograms] gross weight on

a tandem axle and a maximum of forty-eight thousand pounds [21772.32 kilograms]

gross weight on any grouping of three or more axles. The wheel load, in any instance,

may not exceed one-half the allowable axle load. Spacing between axles is measured

from axle center to axle center.

2. Subject to the limitations imposed by subsection 1 on tires, wheel, and axle loads, a

person may not operate on a highway that is not part of the interstate system any

vehicle the gross weight of which exceeds that determined by the formula of:

W = 500 (LN + 12N + 36)

N-1

where W equals the maximum gross weight in pounds on any vehicle or combination

of vehicles; L equals distance in feet between the two extreme axles of any vehicle or

combination of vehicles; and N equals the number of axles of any vehicle or

combination of vehicles under consideration. The gross weight on state highways may

not exceed one hundred five thousand five hundred pounds [47854 kilograms] unless

otherwise posted and on all other highways the gross weight may not exceed eighty

thousand pounds [36287.39 kilograms] unless designated by local authorities for

highways under their jurisdiction for gross weights not to exceed one hundred five

thousand five hundred pounds [47854 kilograms]. Local authorities are encouraged to

assess all roads under their jurisdiction and designate the roads for the appropriate

weight limits allowed under this subsection.

3. The gross weight limitations in subsections 1 and 2 do not apply to equipment the

director and the state highway patrol approve for exemption. The exemption may not

exceed one hundred five thousand five hundred pounds [47854 kilograms]. For every

vehicle approved for exemption the highway patrol shall issue a nontransferable permit

valid for one year. The highway patrol may charge an administrative fee for the permit.

4. a. The director, and local authorities, as to the highways under their respective

jurisdictions, may issue permits authorizing:

(1) A farmer's farm vehicle or a motor carrier hired by a farmer to exceed the

weight limitations stated in subsections 1 and 2 by ten percent. The permits

may not provide for a gross weight in excess of one hundred five thousand

five hundred pounds [47854 kilograms]. The permits must provide only for

the movement of agricultural products:

(a) From the field of harvest to the point of initial storage or to the first

point of sale and transfer of possession during harvest; or

(b) From the point of initial storage to the first point of sale and transfer of

possession during the current year's harvest; or

(2) A specific motor vehicle to exceed the weight limitations stated in

subsections 1 and 2 by ten percent. The permits may not provide for a gross

weight in excess of one hundred five thousand five hundred pounds [47854

kilograms]. The permits must provide only for the collection and transport of

solid wastes, during the period from July fifteenth to December first, and for

the general movement of products during the period from December first to

March seventh.

b. The appropriate jurisdictional authority shall establish an appropriate fee for the

permits and direct how they shall be issued. The highway patrol shall issue the

permits authorized by the director.

5. The director, and local authorities, as to highways under their respective jurisdictions,

may issue permits authorizing all vehicles carrying potatoes or sugar beets to exceed

weight limitations stated in subsections 1 and 2 by ten percent during the period from

July fifteenth to December first. The permits may not provide for a gross weight in

excess of one hundred five thousand five hundred pounds [47854 kilograms]. The

appropriate jurisdictional authority shall establish an appropriate fee for the permits

and direct how they shall be issued. The highway patrol shall issue the permits

authorized by the director.

6. The director may issue a permit for a truck with a gross weight that exceeds one

hundred five thousand five hundred pounds [47854 kilograms], not to exceed one

hundred twenty nine thousand pounds [58513.41 kilograms]. The monthly permit fee is

one hundred dollars per month or seven hundred dollars annually. Annual permits may

be purchased for the period beginning January first and ending December thirty-first or

for a twelve-month period beginning the date of purchase. Vehicle weight under this

subsection is determined according to the formula under subsection 2 of section

39-12-05.

7. The gross weight limitations in subsections 1 and 2 do not apply to movement of a

self-propelled fertilizer spreader if the weight of a single axle does not exceed

twenty-two thousand pounds [9973.03 kilograms] and does not exceed five hundred

fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. The gross

weight limitations in subsections 1 and 2 do not apply to movement of a self-propelled

agricultural chemical applicator if the weight of a single axle does not exceed

twenty-two thousand pounds [9973.03 kilograms] and does not exceed five hundred

fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. The

highway patrol shall issue a seasonal permit for the commercial movement of vehicles

exempted by this subsection. The seasonal permit issued under this subsection or

under subdivision d of subsection 1 of section 39-12-04 entitles an individual with the

permit to operate a vehicle as allowed by either of these provisions. A seasonal permit

issued under this subsection is subject to the requirements of subdivision d of

subsection 1 of section 39-12-04.

8. The weight limitations in subsections 1 and 2 do not apply to equipment the director

and the state highway patrol approve for exemption but the weight limitations in

section 39-12-05 do apply to that equipment. For every vehicle approved for

exemption, the highway patrol shall issue a nontransferable bridge length permit valid

for a single trip or a calendar year.

9. The axle weight limitations in subsection 1 do not apply to movements of implements

of husbandry or equipment with pneumatic tires used for construction which is used by

an agricultural producer while using the equipment for the producer's agricultural,

horticultural, or livestock operations if the maximum wheel load does not exceed five

hundred fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width

and if the gross weight limitation in this section is not exceeded.
N.D. Cent. Code § 39-21-29 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-29
39-21-29. Selling or using lamps or equipment
Status: in_force

39-21-29. Selling or using lamps or equipment

1. No person may have for sale, sell, or offer for sale for use upon or as a part of the

equipment of a motor vehicle, trailer, pole trailer, or semitrailer, or use upon these

vehicles any headlamp, auxiliary, or fog lamp, rear lamp, signal lamp, or required

reflector, or parts of any of the foregoing which tend to change the original design or

performance, unless of a type which has been approved by the department. The

provisions of this subsection do not apply to equipment in actual use or replacement

parts when this section is adopted.

2. No person may have for sale, sell, or offer for sale for use upon or as a part of the

equipment of a motor vehicle, trailer, pole trailer, or semitrailer any lamp or device

mentioned in this section which has been approved by the department unless the lamp

or device bears the trademark or name under which it is approved so as to be legible

when installed.

3. No person may use upon any motor vehicle, trailer, pole trailer, or semitrailer any

lamps mentioned in this section unless the lamps are mounted, adjusted, and aimed in

accordance with instructions of the department.
N.D. Cent. Code § 39-05-03 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-03
39-05-03. Department not to license vehicle until application is made for a certificate of title
Status: in_force

39-05-03. Department not to license vehicle until application is made for a certificate

of title.

The department may not register or renew the registration for license of any vehicle unless

an application is made for an official certificate of title for the vehicle, satisfactory evidence is

presented that a certificate of title for the vehicle has been issued previously to the lienholder or

owner by the department, or the vehicle is regularly engaged in interstate commerce of persons

or property, is registered in accordance with the international registration plan, and has a

currently effective certificate of title that has been issued in another state that has a reciprocal

excise tax agreement with this state.
N.D. Cent. Code § 39-05-01 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-01
39-05-01. Definitions
Status: in_force

39-05-01. Definitions

In this chapter, unless the context or subject matter otherwise requires, "motor vehicle"

includes a housetrailer or mobile home and a semitrailer designed to be towed by a truck tractor

and "manufactured home" means a manufactured home as defined in section 41-09-02.
N.D. Cent. Code § 39-04-01 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-01
39-04-01. Definitions
Status: repealed

39-04-01. Definitions

Repealed by S.L. 1987, ch. 439, § 2.
N.D. Cent. Code § 39-16-04 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-04
39-16-04. Suspension of license for neglect to report accident
Status: in_force

39-16-04. Suspension of license for neglect to report accident

The director may suspend the license, or any nonresident's operating privilege, of any

person who willfully fails, refuses, or neglects to make report of a traffic accident as required by

the laws of this state.
N.D. Cent. Code § 39-19-06.1 — ND Code / Title 39 / Chapter 39-19 / Section 39-19-06.1
39-19-06.1. Single state insurance registration system
Status: repealed

39-19-06.1. Single state insurance registration system

Repealed by S.L. 2013, ch. 288, § 4.
N.D. Cent. Code § 39-01-14 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-14
39-01-14. Protecting rights of defendant served as nonresident motor vehicle user
Status: in_force

39-01-14. Protecting rights of defendant served as nonresident motor vehicle user

When service has been made as provided in section 39-01-11, the court, before entering

default judgment, or at any stage of the proceeding, may order such continuance as may be

necessary to afford the defendant reasonable opportunity to defend any action against the

defendant.
N.D. Cent. Code § 39-13-07 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-07
39-13-07. Uniform traffic-control devices on all streets and highways
Status: in_force

39-13-07. Uniform traffic-control devices on all streets and highways

No traffic-control devices, including markings, signs, and signals, may be used on any street

or highway which do not conform to the standards of design and location as prescribed in the

manual and specifications for a uniform system of traffic-control devices. The director and local

authorities, on streets and highways under their respective jurisdiction, shall place such devices

as are deemed necessary to regulate, warn, and guide traffic.
N.D. Cent. Code § 39-22-10 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-10
39-22-10. Powers of the director
Status: in_force

39-22-10. Powers of the director

In addition to other powers provided by law, the director has the following powers and duties

which must be exercised in conformity with this chapter:

1. To cancel, revoke, or suspend a dealer's license as provided for in section 39-22-04.

2. To prescribe rules and regulations not inconsistent with this chapter governing the

application for dealer's licenses and the cancellation or suspension or revocation of

dealer's licenses.

3. To employ and pay such persons as the director may deem necessary to inspect

dealers in this state, investigate dealers for the information of the director, to procure

evidence in connection with any prosecution or other action to suspend, revoke, or

cancel a dealer's license in relation to any matter in which the director has any duty to

perform.
N.D. Cent. Code § 39-03.1-19 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-19
39-03.1-19. Refunds in case of resignation or discharge
Status: repealed

39-03.1-19. Refunds in case of resignation or discharge

Repealed by S.L. 1965, ch. 269, § 9.
N.D. Cent. Code § 39-06-42 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-42
39-06-42. Penalty for driving while license suspended or revoked - Impoundment of vehicle number plates - Authority of cities
Status: in_force

39-06-42. Penalty for driving while license suspended or revoked - Impoundment of

vehicle number plates - Authority of cities.

1. Except as provided in section 39-06.1-11, an individual who operates a motor vehicle

on a highway or on public or private areas to which the public has a right of access for

vehicular use in this state while an individual's operator's license is suspended or

revoked in any jurisdiction is guilty of a class B misdemeanor for the first, second, or

third offense within a five-year period. Any subsequent offense within the same

five-year period is a class A misdemeanor.

2. If the suspension or revocation was imposed for violation of section 39-08-01 or

equivalent ordinance or was governed by section 39-06-31 or chapter 39-20, the

sentence must be at least four consecutive days' imprisonment and a fine as the court

deems proper. The execution of sentence may not be suspended or the imposition of

sentence deferred under subsection 3 or 4 of section 12.1-32-02. Forfeiture of bail is

not permitted in lieu of the defendant's personal appearance in open court for

arraignment on a charge under this subsection.

3. A court may dismiss a charge under this section upon motion by the defendant if the

defendant's operator's license is reinstated within sixty days of the date of the offense

and the defendant provides to the court satisfactory evidence of the reinstatement.

Alternatively, upon motion, a court may grant a motion to amend a charge under this

section to a violation of section 39-06-01.

4. In addition to any other punishment imposed, the court may order the number plates of

the motor vehicle owned and operated by the offender at the time of the offense to be

destroyed by the sheriff. If a period of suspension has been extended under

subsection 6 of section 39-06-17, the court may order the number plates to be

destroyed under this subsection. The offender shall deliver the number plates to the

court without delay at a time certain as ordered by the court following the conviction.

The court shall deliver the number plates to the sheriff and notify the department of the

order. An offender who does not provide the number plates to the court at the

appropriate time is subject to revocation of probation.

5. A city may authorize, by ordinance, its municipal judge to order destruction of motor

vehicle number plates by the office of the police officer that made the arrest in the

manner provided in subsection 4.
N.D. Cent. Code § 39-21-41.1 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-41.1
39-21-41.1. Safety belts
Status: in_force

39-21-41.1. Safety belts

1. Every passenger car manufactured or assembled after January 1, 1965, must be

equipped with lapbelt assemblies for use in the driver's and one other front seating

position.

2. All motor vehicles manufactured after January 1, 1968, must be equipped with any

lapbelt or shoulder belt required at the time the vehicle was manufactured by

standards of the United States department of transportation. Nothing in this subsection

affects the requirement in subsection 1 for a lapbelt in the driver's seating position.

3. The department may except specified types of motor vehicles or seating positions

within any motor vehicle from the requirements imposed by subsections 1 and 2 when

compliance would be impractical.

4. No person may install, distribute, have for sale, offer for sale, or sell any belt for use in

motor vehicles unless it meets current minimum standards and specifications of the

United States department of transportation.

5. Every owner shall maintain belts and assemblies required by this section in proper

condition and in a manner that will enable occupants to use them.
N.D. Cent. Code § 39-04-27 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-27
39-04-27. Manufacturer or dealer to give notice of sale or transfer
Status: repealed

39-04-27. Manufacturer or dealer to give notice of sale or transfer

Repealed by S.L. 1975, ch. 328, § 1.
N.D. Cent. Code § 39-30-04 — ND Code / Title 39 / Chapter 39-30 / Section 39-30-04
39-30-04. Forfeiture of property
Status: in_force

39-30-04. Forfeiture of property

1. The following are subject to forfeiture unless obtained by theft, fraud, or conspiracy to

defraud and the rightful owner is known or can be identified and located:

a. Any tool;

b. Any implement; or

c. Any instrumentality, including any motor vehicle or motor vehicle part, whether

owned or unowned by the person from whose possession or control it was

seized, which is used or possessed either in violation of section 39-30-02 or to

promote or facilitate a violation of section 39-30-02.

2. Any motor vehicle, other conveyance, or motor vehicle part used by any person as a

common carrier is subject to forfeiture under this section if the owner or other person

in charge of the motor vehicle, other conveyance, or motor vehicle part is a consenting

party to a violation of section 39-30-02.

3. Any motor vehicle, motor vehicle part, other conveyance, tool, implement, or

instrumentality is not subject to forfeiture under this section by reason of any act or

omission that the owner proves to have been committed or omitted without the owner's

knowledge or consent.

4. a. Seizing agencies shall utilize their best efforts to identify any seized motor vehicle

or motor vehicle part to determine ownership or the identity of any other person

having a right or interest in it. In its reasonable identification and owner location

attempts, the seizing agency shall cause the stolen motor vehicle files of all law

enforcement agencies to be searched for stolen or wanted information on motor

vehicles similar to the seized motor vehicle or consistent with the seized motor

vehicle part.

b. If a motor vehicle or motor vehicle part has an apparent value in excess of one

thousand dollars:

(1) The seizing agency shall consult with an expert of the type specified in

subsection 4 of section 39-30-01; and

(2) The seizing party shall request searches of the online and offline files of the

national crime information center and the national automobile theft bureau

when files have been searched with negative results.

5. A forfeiture of a motor vehicle, motor vehicle part, or other conveyance encumbered by

a bona fide security interest is subject to the interest of the secured party if the

secured party neither had knowledge of nor consented to the act or omission forming

the ground for the forfeiture.

6. Property, described in subsection 1, seized and held for forfeiture, is not subject to

replevin and is subject only to the order and judgments of a court of competent

jurisdiction hearing the forfeiture proceedings.

7. a. A state's attorney in the county where the seizure occurs shall bring an action for

forfeiture in a court of competent jurisdiction. The forfeiture action must be

brought within sixty days from the date of seizure except when the state's

attorney in the sound exercise of discretion determines that no forfeiture action

should be brought because of the rights of property owners, lienholders, or

secured creditors, or because of exculpatory, exonerating, or mitigating facts and

circumstances.

b. The state's attorney shall give notice of the forfeiture proceeding by mailing a

copy of the complaint in the forfeiture proceeding to each person whose right,

title, or interest is of record maintained in the department of transportation, or any

other department of the state, or any other state or territory of the United States,

or of the federal government if the property is required to be registered in any

such department.

c. Notice of the proceeding must be given to any other person as may appear, from

the facts and circumstances, to have any right, title, or interest in or to the

property.

d. The owner of the property, or any person having or claiming right, title, or interest

in the property may within sixty days after the mailing of such notice file a verified

answer to the complaint and may appear at the hearing on the action for

forfeiture.

e. The state's attorney must show at a forfeiture hearing, by a preponderance of the

evidence, that the property was used in the commission of a violation of section

39-30-02 or was used or possessed to facilitate such violation.

f. The owner of property may show by a preponderance of the evidence that the

owner did not know, and did not have reason to know, that the property was to be

used or possessed in the commission of any violation or that any of the

exceptions to forfeiture are applicable.

g. Unless the state's attorney makes the required showing, the court shall order the

property released to the owner. If the state's attorney has made such a showing,

the court may order:

(1) The property be destroyed by the agency that seized it or some other

agency designated by the court;

(2) The property be delivered and retained for use by the agency that seized it

or some other agency designated by the court; or

(3) The property be sold at public sale.

8. A copy of a forfeiture order must be filed with the sheriff of the county in which the

forfeiture occurs and with each federal or state department with which the property is

required to be registered. The order, when filed, constitutes authority for the issuance

to the agency to which the property is delivered and retained for use or to any

purchaser of the property of a title certificate, registration certificate, or other special

certificate as may be required by law considering the condition of the property.

9. Proceeds from the sale at public auction, after payment of all reasonable charges and

expenses incurred by the agency designated by the court to conduct the sale in storing

and selling the property, must be paid to the general fund of the county of seizure.

10. No motor vehicle, either seized under section 39-30-03 or forfeited under this section,

may be released by the seizing agency or used or sold by an agency designated by

the court unless any altered, counterfeited, defaced, destroyed, disguised, falsified,

forged, obliterated, or removed vehicle identification number is corrected by the

issuance and affixing of either assigned or replacement vehicle identification number

plates as may be appropriate under laws of this state.

11. No motor vehicle part having any altered, counterfeited, defaced, destroyed,

disguised, falsified, forged, obliterated, or removed vehicle identification number may

be disposed of upon forfeiture except by destruction. This subsection does not apply to

any motor vehicle part that is assembled with and constitutes part of a motor vehicle.

12. No motor vehicle or motor vehicle part may be forfeited under this section solely on the

basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor

vehicle part that is unidentifiable must be the subject of a written report sent by the

seizing agency to the department of transportation. The report must include a

description of the motor vehicle or motor vehicle part, its color, if any, the date, time,

and place of its seizure, the name of the person from whose possession or control it

was seized, the grounds for its seizure, and the location where it is held or stored.

13. When a seized unidentifiable motor vehicle or motor vehicle part has been held for

sixty days or more after the notice to the department of transportation specified in

subsection 12 has been given, the seizing agency, or its agent, shall cause the motor

vehicle or motor vehicle part to be sold at public sale to the highest bidder. Notice of

the time and place of sale must be posted in a conspicuous place for at least thirty

days prior to the sale on the premises where the motor vehicle or motor vehicle part

has been stored.

14. If a seized unidentifiable motor vehicle or motor vehicle part has an apparent value of

one thousand dollars or less, the seizing agency shall authorize the disposal of the

motor vehicle or motor vehicle part, provided that no such disposition may be made

less than sixty days after the date of seizure.

15. The proceeds of the public sale of an unidentifiable motor vehicle or motor vehicle part

must be deposited in the general fund of the state or other governmental unit after

deduction of any reasonable and necessary towing and storage charges.

16. Seizing agencies shall utilize their best efforts to arrange for the towing and storing of

motor vehicles and motor vehicle parts in the most economical manner possible. The

owner of a motor vehicle or a motor vehicle part may not be required to pay more than

the minimum reasonable costs of towing and storage.

17. A seized motor vehicle or motor vehicle part that is neither forfeited nor unidentifiable

must be held subject to the order of the court in which the criminal action is pending or,

if a request for its release from such custody is made, until the state's attorney has

notified the defendant or the defendant's attorney of such request and both the

prosecution and defense have been afforded a reasonable opportunity for an

examination of the property to determine its true value and to produce or reproduce,

by photographs or other identifying techniques, legally sufficient evidence for

introduction at trial or other criminal proceedings. Upon expiration of a reasonable time

for the completion of the examination, which may not exceed fourteen days from the

date of service upon the defense of the notice of request for return of property, the

property must be released to the person making such request after satisfactory proof

of the person's entitlement to possession. Notwithstanding the foregoing, upon

application by either party with notice to the other, the court may order retention of the

property if it determines that retention is necessary in the furtherance of justice.

18. When a seized vehicle is forfeited, restored to its owner, or disposed of as

unidentifiable, the seizing agency shall retain a report of the transaction for a period of

at least one year from the date of the transaction.

19. When an applicant for a certificate of title or salvage certificate presents to the

department of transportation proof that the applicant purchased or acquired a motor

vehicle at a public sale conducted pursuant to this section and such fact is attested to

by the seizing agency, the department of transportation shall issue a certificate of title,

salvage certificate for the motor vehicle upon receipt of the statutory fee, properly

executed application for a certificate of title, or other certificate of ownership, and the

affidavit of the seizing agency that a state-assigned number was applied for and

affixed to the motor vehicle prior to the time that the motor vehicle was released by the

seizing agency to the purchaser.