N.D. Cent. Code § 39-31-04 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-04
39-31-04. Regulation of common household goods carriers by the department
Status: in_force

39-31-04. Regulation of common household goods carriers by the department

The department may regulate common motor carriers of household goods except for

transportation provided wholly within a city in this state or within a distance beyond the

corporate limits of a city as determined by the department and shall supervise the relations

between common household goods carriers and the public to comply with the provisions of this

chapter.
N.D. Cent. Code § 39-08-20.1 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-20.1
39-08-20.1. Uninsured motorist - Insurance deductible
Status: in_force

39-08-20.1. Uninsured motorist - Insurance deductible

If a person causes damage to another or another's property with a motor vehicle while in

violation of section 39-08-20, at minimum the court shall order that person to pay to the other

person the amount of the deductible on that person's insurance.
N.D. Cent. Code § 39-33-01 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-01
39-33-01. Definitions
Status: in_force

39-33-01. Definitions

As used in this chapter:

1. "Department" means the department of transportation or an authorized agent or

contractor of the department responsible for compiling and maintaining motor vehicle

records.

2. "Disclose" means to engage in any practice or conduct to make available and make

known personal information contained in a motor vehicle record about a person to any

other person by any means of communication.

3. "Express consent" means consent in writing, including consent conveyed electronically

which bears an electronic signature as defined by law.

4. "Highly restricted personal information" means an individual's photograph or image,

social security number, and medical or disability information.

5. "Individual record" means a motor vehicle record containing personal information

about a designated person who is the subject of the record as identified in a request.

6. "Motor vehicle record" means any record that pertains to a motor vehicle operator's

license or permit, motor vehicle registration, motor vehicle title, or identification

document issued by the department, or other state or local agency authorized to issue

any of such forms of credentials. A record includes all books, papers, photographs,

photostats, cards, films, tapes, recordings, electronic data, printouts, or other

documentary materials regardless of physical form or characteristics.

7. "Person" does not include an agency of this state.

8. "Personal information" means information that identifies a person, including an

individual's photograph or computerized image, social security number, driver

identification number, name, address, telephone number, and medical or disability

information. The term does not include the five-digit zip code of an address,

information on vehicular accidents, driving or equipment-related violations, and

operator's license or registration status.
N.D. Cent. Code § 39-05-25 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-25
39-05-25. Receiving, transferring, or having possession of stolen vehicles - Felony
Status: repealed

39-05-25. Receiving, transferring, or having possession of stolen vehicles - Felony

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 39-07-08 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-08
39-07-08. Hearing - Time - Promise of defendant to appear - Failure to appear - Penalty
Status: in_force

39-07-08. Hearing - Time - Promise of defendant to appear - Failure to appear -

Penalty.

The time to be specified in the summons or notice provided for in section 39-07-07 must be

within thirty-five days after the issuance of the summons or notice or earlier if so ordered by the

magistrate of the city or county having jurisdiction over the offense or if the person halted

demands an earlier hearing. If the person halted desires, the person may have the right, at a

convenient hour, to an immediate hearing or to a hearing within twenty-four hours. The hearing

must be before a magistrate of the city or county in which the offense was committed. If an

immediate hearing is demanded, a district judge serving the county, with the consent of the

respective prosecuting attorneys, may order the hearing to be held in any of the counties in

which the district judge has jurisdiction, rather than in the county where the offense was

allegedly committed. Upon the receipt from the person halted of a written promise to appear at

the time and place mentioned in the summons or notice, the officer shall release the person

from custody. Any person refusing to give a written promise to appear must be taken

immediately by the halting officer before the nearest or most accessible magistrate, or to such

other place or before such other person as may be provided by a statute or ordinance

authorizing the giving of bail. Any person willfully violating the person's written promise to

appear is guilty of a class B misdemeanor, regardless of the disposition of the charge upon

which the person originally was halted. The time limitations for a hearing as provided by this

section do not preclude a recharging of the alleged violation if the person being charged

receives a new summons or notice subject to the provisions of this section.
N.D. Cent. Code § 39-10-26.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-26.1
39-10-26.1. Highway construction and maintenance
Status: in_force

39-10-26.1. Highway construction and maintenance

1. The driver of a vehicle shall yield the right of way to any authorized vehicle or

pedestrian actually engaged in work upon a highway within any highway construction

or maintenance area indicated by official traffic-control devices.

2. The driver of a vehicle shall yield the right of way to any authorized vehicle obviously

and actually engaged in work upon a highway wherever such vehicle displays flashing

lights meeting the requirements of section 39-21-28.
N.D. Cent. Code § 39-22-23 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-23
39-22-23. Auto auction operators - License required - Records required - Penalty
Status: in_force

39-22-23. Auto auction operators - License required - Records required - Penalty

1. A person may not operate a wholesale or retail auto auction business without being

licensed as a motor vehicle dealer. An auto auction operator must keep records related

to the seller and purchaser of all vehicles sold through the operator's business for at

least two years and make those records available to the director or an authorized

representative of the director upon reasonable request.

2. The department may assess a person violating this section a one hundred dollar fee

for a first violation and a two hundred dollar fee for a second violation within two years

of the first violation. The department may suspend the license of a motor vehicle

dealer licensed under this chapter if a third or subsequent violation of this section

occurs within five years of the first violation.
N.D. Cent. Code § 39-25-03 — ND Code / Title 39 / Chapter 39-25 / Section 39-25-03
39-25-03. School - License required - Contents of application for license
Status: in_force

39-25-03. School - License required - Contents of application for license

1. A commercial driver training school may not be established nor may any existing

school continue to operate unless the school applies for and obtains from the director

a license in the manner and form prescribed by the director.

2. The application for license must include a statement of the location of the school, the

equipment, courses of instruction, instructors, previous records of the school and

instructors, financial statements, schedule of fees and charges, character and

reputation of the operators, insurance, and any other matter as the director may

prescribe for the protection of the public.
N.D. Cent. Code § 39-16.1-04 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-04
39-16.1-04. Suspension of license - Temporary release
Status: in_force

39-16.1-04. Suspension of license - Temporary release

1. The director, upon receipt of a certified copy of a judgment or a certified copy of the

docket entries in an action resulting in a judgment for damages or a certificate of facts

relative to a judgment on a form provided by the director, shall forthwith suspend the

license or operating privilege, of any person against whom such judgment was

rendered except as hereinafter otherwise provided in this section and in section

39-16.1-06.

2. If the judgment creditor consents in writing, in such form as the director may prescribe

that the judgment debtor be allowed license or nonresident's operating privilege, the

same may be allowed by the director for six months from the date of such consent and

thereafter until such consent is revoked in writing, notwithstanding default in the

payment of such judgment, or of any installments thereof prescribed in section

39-16.1-06 provided the judgment debtor furnishes proof of financial responsibility.

3. Any person whose license or nonresident's operating privilege has been suspended or

is about to be suspended or will become subject to suspension under this chapter may

be relieved from the effect of the judgment as prescribed in this chapter by filing with

the director an affidavit stating that at the time of the accident upon which the

judgment has been rendered the affiant was insured, that the insurer is liable to pay

the judgment, and the reason, if known, why the insurer has not paid the judgment.

That person shall also file the original or a copy of the insurance policy, if available,

and any other documents the director may require to show that the loss, injury, or

damage for which the judgment was rendered, was covered by the insurance policy. If

the director is satisfied from such papers that the insurer was authorized to issue the

insurance policy at the time and place of issuing the policy and that the insurer is liable

to pay the judgment, at least to the extent and for the amounts required in this chapter,

the director may not suspend the license or nonresident's operating privilege, or if

already suspended shall reinstate them.

4. A license or nonresident's operating privilege must remain suspended and may not be

renewed, nor may any such license be thereafter issued in the name of such person,

including any such person not previously licensed, unless and until every such

judgment is satisfied in full or to the extent hereinafter provided and until the said

person gives proof of financial responsibility subject to the exemptions stated in

sections 39-16.1-04 and 39-16.1-06.
N.D. Cent. Code § 39-22-27 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-27
39-22-27. Collector motor vehicle auctions
Status: in_force

39-22-27. Collector motor vehicle auctions

1. A person may engage in the business of conducting a collector motor vehicle auction

without obtaining a motor vehicle dealer's license as otherwise required by this chapter

if:

a. Each motor vehicle sold or offered for sale at the auction is a collector, antique, or

special interest vehicle;

b. The sale is open to the public;

c. The person conducts no more than two collector motor vehicle auctions per year;

d. The site of the auction is located on property zoned or otherwise approved for this

purpose by the appropriate zoning authority; and

e. The auction lasts no more than two days.

2. Collector motor vehicle auctions that comply with this section may be conducted any

day of the week and sections 39-22-07.1 and 39-22-20 do not apply to motor vehicle

dealers who participate in collector motor vehicle auctions.

3. A collector motor vehicle is a vehicle that is at least twenty-five years old; an antique

motor vehicle is a vehicle that is at least forty years old; and a special interest vehicle

is a vehicle that has an appreciating value because of rarity, originality, or limited

production of an anniversary edition.
N.D. Cent. Code § 39-04-10.5 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.5
39-04-10.5. Prisoner of war plates - Transfer to certain surviving spouses - Retirement
Status: in_force

39-04-10.5. Prisoner of war plates - Transfer to certain surviving spouses -

Retirement.

On the death of a prisoner of war to whom was issued a special number plate under

subdivision o of subsection 2 of section 39-04-18, the director shall comply with this section. If

the deceased prisoner of war was survived by a spouse, the director shall transfer the number

plate to that spouse's name, and the spouse may retain the number plate as an active plate. If

the surviving spouse remarries, then within thirty days of that remarriage, the surviving spouse

shall surrender the plate to the director. On receipt of a surrendered plate, on the death of the

surviving spouse, or if the deceased prisoner of war had no surviving spouse, the director shall

retire the number used on the number plate. On retirement of a number plate and at the request

of the survivors of the deceased prisoner of war, the director shall issue to the survivors one

commemorative plaque resembling the number plate that had been issued to the prisoner of

war.
N.D. Cent. Code § 39-13-01 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-01
39-13-01. Uniform marking and erection of signs on highway
Status: repealed

39-13-01. Uniform marking and erection of signs on highway

Repealed by S.L. 1953, ch. 177, § 120.
N.D. Cent. Code § 39-34-05 — ND Code / Title 39 / Chapter 39-34 / Section 39-34-05
39-34-05. Transportation network company reporting requirements - Legislative management report - Penalty
Status: repealed

39-34-05. Transportation network company reporting requirements - Legislative

management report - Penalty.

Repealed by S.L. 2021, ch. 301, § 1.
N.D. Cent. Code § 39-21-36 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-36
39-21-36. Horn and warning device
Status: in_force

39-21-36. Horn and warning device

1. While being operated upon a highway, every motor vehicle must be equipped with a

horn in good working order and capable of emitting sound audible under normal

conditions from a distance of not less than two hundred feet [60.96 meters], but no

horn or other warning device may emit an unreasonably loud or harsh sound or a

whistle. Whenever reasonably necessary for safe operation, the driver of a motor

vehicle upon a highway shall give audible warning with the vehicle's horn, but may not

otherwise use the vehicle's horn while upon a highway.

2. No vehicle may be equipped with nor may any person use upon a vehicle any siren,

whistle, or bell, except as otherwise permitted in this section.

3. Any vehicle may be equipped with a theft alarm signal device which is so arranged

that it cannot be used by the driver as an ordinary warning signal.

4. Any authorized emergency vehicle may be equipped with a siren, whistle, or bell,

capable of emitting sound audible under normal conditions from a distance of not less

than five hundred feet [152.4 meters] and of a type approved by the department, but

the siren may not be used except when the vehicle is operated in response to an

emergency call or in the immediate pursuit of an actual or suspected violator of the

law, in which events the driver of the vehicle shall sound the siren when reasonably

necessary to warn pedestrians and other drivers of approaching vehicles.
N.D. Cent. Code § 39-21-37 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-37
39-21-37. Muffler - Prevention of noise and smoke
Status: in_force

39-21-37. Muffler - Prevention of noise and smoke

1. Every motor vehicle must at all times be equipped with a muffler in good working order

and in constant operation to prevent excessive or unusual noise and annoying smoke,

and no person may use a muffler cutout, bypass, or similar device upon a motor

vehicle on a highway.

2. The engine and power mechanism of every motor vehicle must be so equipped and

adjusted as to prevent the escape of excessive fumes or smoke.
N.D. Cent. Code § 39-03.1-24 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-24
39-03.1-24. Service in the armed forces of the United States
Status: repealed

39-03.1-24. Service in the armed forces of the United States

Repealed by S.L. 1993, ch. 377, § 2.
N.D. Cent. Code § 39-06-49 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-49
39-06-49. Fees - Deposit in state highway fund
Status: in_force

39-06-49. Fees - Deposit in state highway fund

1. All money received under this chapter must be paid monthly into the highway fund in

the state treasury.

2. The fee for:

a. An application for a nondriver photo identification card is eight dollars.

b. Written testing for an application for an operator's license is five dollars.

c. Online written testing for an application for an operator's license is ten dollars.

d. Actual ability testing for an application for an operator's license is five dollars.

e. An application for an operator's license is fifteen dollars.

f. An application for a motorized bicycle operator's permit is ten dollars.

g. A substitute operator's license is eight dollars unless the substitute is for

erroneous information due to a change in name or address, then the fee is three

dollars.

h. An operator's license renewal is fifteen dollars.

i. Reinstatement after suspension is fifty dollars unless the suspension was the

result of a suspension under subsection 3, 4, or 6 of section 39-06-03 or

subsection 2 of section 39-06-32, then the fee is twenty-five dollars, or unless the

suspension was a result of a violation under section 39-08-01 or chapter 39-20,

then the fee is one hundred dollars.

j. Reinstatement after revocation is fifty dollars, unless the revocation was imposed

for a violation of subsection 6 of section 39-06-17 or section 39-06-31, 39-06-43,

or 39-20-04, then the fee is one hundred dollars.

3. Any application for which there is a fee must be accompanied by the proper fee.
N.D. Cent. Code § 39-10-61 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-61
39-10-61. Clinging to vehicles
Status: repealed

39-10-61. Clinging to vehicles

Repealed by S.L. 1975, ch. 348, § 17.
N.D. Cent. Code § 39-04-10.6 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.6
39-04-10.6. Registration of motor vehicles owned by collectors
Status: in_force

39-04-10.6. Registration of motor vehicles owned by collectors

A person who owns a motor vehicle that is at least twenty-five years old but that is not

eligible for registration under section 39-04-10.4 may register that motor vehicle as a collector's

motor vehicle. The motor vehicle is eligible for collector's registration if it is owned and operated

solely as a collector's item and if the owner owns another motor vehicle the owner uses for

general transportation. A motor vehicle qualifies as a collector's item under this section only if it

is operated on public streets and highways for the purpose of driving the vehicle to and from

active entry and participation in parades, car shows, car rallies, other public gatherings held for

the purpose of displaying or selling the vehicle, and to and from service or storage facilities. An

applicant for registration of a vehicle as a collector's motor vehicle shall file an affidavit with the

director that states the owner's name and address, the make, year, and the manufacturer's

identification number of the motor vehicle, and a statement that the motor vehicle is owned and

operated solely as a collector's item and not for general transportation purposes. If the director

is satisfied that the affidavit is true and correct, the director shall register the motor vehicle as a

collector's motor vehicle on the payment of a registration fee of sixty dollars. The registration is

valid as long as the collector's motor vehicle is owned by the person who applied for the

registration under this section. The director shall design and issue distinctive number plates for

collector's motor vehicles registered under this section. In lieu of the distinctive number plates,

the owner of the motor vehicle, at the discretion of the director, may display on the motor vehicle

number plates from the year in which the motor vehicle was manufactured. The number plates

from the year of manufacture may not be used in lieu of distinctive number plates when it would

create a duplication of a number in the recordkeeping system of the department. Number plates

from the year of manufacture must be legible and must be restored to the satisfaction of the

department. A person violating this section or a department rule regarding this section forfeits

the right to the registration provided in this section and any registration fees that have been

paid.
N.D. Cent. Code § 39-03-03 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-03
39-03-03. Troopers - Appointment - Removal - Duties
Status: in_force

39-03-03. Troopers - Appointment - Removal - Duties

The superintendent, the assistant superintendent, and the troopers constitute the highway

patrol. The highway patrol shall enforce the provisions of the laws of this state relating to the

protection and use of highways and shall patrol the highways and cooperate with sheriffs and

police in enforcing the laws regulating the operation of vehicles and the use of highways. All

troopers and the assistant superintendent must be appointed by the superintendent. Each

trooper appointed is deemed a probationary employee for an initial period of six months, during

which the trooper must be placed under probationary training and service and is subject to an

extension of an additional period of six months or dismissal at the will of the superintendent or

the superintendent's designee. At the end of the probationary period, a probationary employee

must either be taken off probationary status or dismissed. A nonprobationary employee

employed in a regular, classified position is subject to removal for cause by the superintendent

or the superintendent's designee, but the employee may appeal a dismissal under chapter

54-44.3 provided the removal of the assistant superintendent from the assistant superintendent

position does not entitle that person to appeal the removal unless that person also is dismissed

from the patrol.
N.D. Cent. Code § 39-06-13 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-13
39-06-13. Examination of applicants
Status: in_force

39-06-13. Examination of applicants

1. Unless otherwise provided in this chapter, the director shall examine every applicant

for an operator's license. The examination must include a test of the applicant's

eyesight; ability to read and understand highway signs regulating, warning, and

directing traffic; and knowledge of the traffic laws of this state. The director shall make

any written portion of the examination, except writing on illustrations of signs, available

to an applicant in any widely practiced language. The director may waive the written

portion of the examination for an applicant who has successfully passed a written

examination in another state and has an operator's license that is not or in the process

of being revoked, suspended, or canceled.

2. The director shall establish a process to administer the written portion of an

examination for an operator's license through an online electronic medium. The

director shall charge an applicant a fee of ten dollars to access the online written

examination. The online examination must:

a. Use personal questions about the applicant before the examination which the

applicant is required to answer during the examination, to strengthen test security

to deter fraud; and

b. Require the applicant's parent or legal guardian to certify to the department the

parent or legal guardian monitored the applicant during the online written

examination, before issuance by the department of a class D instruction permit to

an applicant who has passed the online examination.

3. The examination must include an actual demonstration of ability to exercise ordinary

and reasonable control in the operation of a motor vehicle unless waived for an

applicant who has successfully passed an actual ability test in this or another state

conducted by a state licensing authority or by a commercial driver training school

meeting the driver education requirements prescribed by the director under chapter
N.D. Cent. Code § 39-01-19 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-19
39-01-19. Permits for vending machines at rest areas
Status: in_force

39-01-19. Permits for vending machines at rest areas

A vending machine that allows access to a tobacco product may not be placed or remain

upon a rest area, and any other vending machine may not be placed or remain upon a rest area

under the supervision of the director without a permit from the director. The director shall charge

a fee for the issuance of a vending machine permit. The amount of the permit fee must relate to

the department's actual cost of administration, annual review, and enforcement of the permit

process, but may not exceed twenty-five dollars annually. The permit process may not be

affected by the content of a publication. The director shall require permittees to comply with

appropriate indemnification, insurance, and other risk management provisions of the permit.

Vending machines must be secured in a manner that prevents tipping and moving, deters theft,

and leaves state property undamaged. Plexiglass, safety glass, or other shatter-resistant

materials must be employed in windows or displays. All vending machines must be sufficiently

enclosed to prevent the distributed product from inadvertently being removed or blown from the

machine or weathered by the elements. Stolen or damaged vending machines do not result in

liability to the department and must be repaired, restored, or replaced within thirty calendar

days. All cashboxes and accesses to cashboxes must be metal and securely locked in place. All

vending machines must be placed in a well-lighted area visible from the rest area roadway. All

vending machines must be placed on a route allowing parallel access by motorized or standard

wheelchairs, with at least sixty-six inches [1676.400 millimeters] of clear width. A vending

machine may not have a component or function used by the public which requires more than

five pounds [2.268 kilograms] of force to be applied. The height of controls, doors, or access

points necessary for use by the public may not exceed sixty inches [1524 millimeters]. The

director may determine the maximum number of vending machine placements at a given rest

area. Priority must be given to vending machines placed pursuant to the Randolph Sheppard

Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], as administered by the vocational

rehabilitation division of the department of health and human services under section 50-06.1-13.

When, after allowing for the placement of vending machines pursuant to the Randolph

Sheppard Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], the director determines that the

number of permit applications for a particular rest area would exceed the remaining available

space or would prevent compliance with this section or other law, the director shall grant permits

by means of a lottery, with permits allocated pro rata according to the number of applications for

each type. The permittee is solely responsible to ensure that any trash, wrapping, boxes, or

debris, generated when stocking or servicing vending machines is not left on or at the rest area.

The permittee is solely responsible for all installation, maintenance, replacement, inspection,

access area cleaning, and stocking of vending machines. Vandalism and graffiti on vending

machines must be repaired or removed within fourteen days of written notice by the director.

The permittee must inspect and stock vending machines as needed, but at least monthly, to

provide adequate service to the public. Vending machines removed for repair or for other

reasons must be restored or replaced by the permittee within thirty days. Vending machines in

violation of this section or any other applicable law may be removed by the director fourteen

days after notice of violation is provided and without liability to the director. Vending machines

judged by the director to pose a risk to safety may be removed immediately without liability to

the director and without prior notice to the permittee. The director shall retain any removed

vending machines for thirty days to allow retrieval by the permittee, after compensation to the

director for removal costs. The director may dispose of or sell machines not retrieved within

thirty days of removal, but removal costs must be satisfied only to the extent of proceeds

received by the director. The director has a cause of action to recover any deficiency, attorney's

fees, and litigation expenses. The director, upon the determination that a rest area must be

closed for a period of greater than thirty days, may order the permittee, at the permittee's

expense, to remove all vending machines in a manner that does not damage state property, or

remove all product and money and place upon the vending machine a prominent notice that all

product and money have been removed. Should the director determine that removal of vending

machines is necessary to conduct repairs, construction, surveys, or other duties of the

department, the permittee, at the permittee's expense, shall remove all vending machines in a

manner that does not damage state property, upon fourteen days' notice. The current address

and telephone number where customer service or business is conducted by the permittee must

be legibly and prominently posted upon the vending machine. The director shall cancel the

permit should the permittee remove vending machines, except as provided in this section. The

cost of any removal must be borne by the permittee. The permittee, at the permittee's own

expense, must restore the site the machine formerly occupied to the satisfaction of the director.

For purposes of this section, "vending machine" means any device that allows access to a

newspaper, magazine, beverage, concession, or other item for public consumption or use. For

purposes of this section, "permittee" means any person or organization, including any

corporation, partnership, firm, or any other legal entity capable of owning property and

transacting business, which has applied for a permit under this chapter. For purposes of this

section, "notice" consists of a written communication and must be deemed to have occurred

within seventy-two hours of mailing, if mailed within North Dakota, or one hundred twenty hours

of mailing, if mailed outside North Dakota. "Notice" to a vendor of the condition of a vending

machine also occurs if a period of time greater than the required inspection interval for the

vending machines has passed.
N.D. Cent. Code § 39-04-17 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-17
39-04-17. Certificate of notary showing compliance with registration is prima facie evidence - Penalty
Status: in_force

39-04-17. Certificate of notary showing compliance with registration is prima facie

evidence - Penalty.

The possession of a certificate made out by a notary public or an authorized agent of a

licensed vehicle dealer who took the acknowledgment of the application when the vehicle was

first registered or required to be registered under the laws of this state, if such certificate shows

the date of application, the make, registered weight, and year model of the motor vehicle, the

manufacturer's number of the motor vehicle which such application describes, and further

shows that such notary public, or authorized agent of a vehicle dealer, personally mailed the

application with the remittance fee, is prima facie evidence of compliance with motor vehicle law

with reference to the vehicle therein described, for a period of seventy-five days from the date of

such application. Any violation of this section is an infraction punishable by a fine of not less

than fifty dollars.
N.D. Cent. Code § 39-21-46 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-46
39-21-46. Scope and effect of equipment requirements - Penalty
Status: in_force

39-21-46. Scope and effect of equipment requirements - Penalty

1. It is unlawful for any person to drive or move, or for the owner to cause or knowingly

permit to be driven or moved, on any highway any vehicle or combination of vehicles

which the actor knows does not contain those parts or is not at all times equipped with

lamps and other equipment in proper condition and adjustment as required in this

chapter, or which the actor knows is equipped in any manner in violation of this

chapter, or for any person to do any act forbidden or fail to perform any act required

under this chapter for which a fee or penalty for its violation is not otherwise provided.

2. A person who drives or moves, or any owner who causes or knowingly permits to be

driven or moved upon a highway, any vehicle or combination of vehicles which that

person knows is in such unsafe condition as to endanger a person is guilty of an

infraction.

3. The superintendent of the state highway patrol shall, under chapter 28-32, adopt

necessary rules concerning the safe operation of motor vehicles and when and how

motor carrier audits or inspections will be conducted. The rules must duplicate or be

consistent with current motor carrier safety regulations of the United States

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

adopt the motor carrier safety regulations by reference, and any adoption must be

construed to incorporate amendments as may be made from time to time. A violation

of rules adopted under this subsection is a noncriminal violation. A person who fails or

refuses to comply with these rules must be assessed a fee in the amount set forth in

section 39-06.1-06 for each violation.

4. Nothing contained in this chapter may be construed to prohibit the use of additional

parts and accessories on any vehicle not inconsistent with the provisions of this

chapter.

5. The provisions of this chapter with respect to equipment on vehicles do not apply to

implements of husbandry, road machinery, road rollers, or farm tractors except as

specifically made applicable.

6. The provisions of this chapter with respect to equipment required on vehicles do not

apply to motorcycles or motor-driven cycles, except as specifically made applicable.

7. The provisions of this chapter and regulations of the department do not apply to

vehicles moved solely by human power, except as specifically made applicable.
N.D. Cent. Code § 39-20-08 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-08
39-20-08. Proof of refusal admissible in any civil or criminal action or proceeding
Status: in_force

39-20-08. Proof of refusal admissible in any civil or criminal action or proceeding

If the person under arrest refuses to submit to the test or tests, proof of refusal is admissible

in any civil or criminal action or proceeding arising out of acts alleged to have been committed

while the person was driving or in actual physical control of a vehicle upon the public highways

while under the influence of intoxicating liquor, drugs, or a combination thereof.
N.D. Cent. Code § 39-21-19 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-19
39-21-19. Signal lamps and signal devices
Status: in_force

39-21-19. Signal lamps and signal devices

1. Any motor vehicle may be equipped and when required under this chapter must be

equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red

light visible from a distance of not less than three hundred feet [91.44 meters] to the

rear in normal sunlight, and which shall be actuated upon application of the service

(foot) brake, and which may, but need not, be incorporated with one or more other rear

lamps.

2. Any motor vehicle may be equipped and when required under this chapter must be

equipped with lamps showing to the front and rear for the purpose of indicating an

intention to turn either to the right or left. The lamps showing to the front must be

located on the same level and as widely spaced laterally as practicable and when in

use display a white or amber light, or any shade of color between white and amber,

visible from a distance of not less than three hundred feet [91.44 meters] to the front in

normal sunlight, and the lamps showing to the rear must be located at the same level

and as widely spaced laterally as practicable and when in use display a red or amber

light, or any shade of color between red and amber, visible from a distance of not less

than three hundred feet [91.44 meters] to the rear in normal sunlight. Any motor

vehicle or combination of vehicles eighty inches [20.32 decimeters] or more in overall

width, and manufactured or assembled after January 1964, must be equipped with the

lamps required by this subsection mounted and spaced in the same manner but visible

from a distance of not less than five hundred feet [152.4 meters] to the front and rear

in normal sunlight. When actuated the lamps must indicate the intended direction of

turning by flashing the lights showing to the front and rear on the side toward which the

turn is made. Turn signal lamps may, but need not, be incorporated in other lamps on

the vehicle.

3. No stop lamp or signal lamp may project a glaring light.
N.D. Cent. Code § 39-04-10.11 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.11
39-04-10.11. Firefighter's association plates
Status: in_force

39-04-10.11. Firefighter's association plates

The director, in cooperation with the North Dakota firefighter's association, shall design a

decorative decal that contains an insignia representing service in the pursuit of firefighting and

which is to be placed on a distinctive number plate. On payment of all other fees required under

this chapter for registration of the motor vehicle, and payment of an additional annual fee of

fifteen dollars for deposit in the highway fund, the applicant is entitled to issuance of the decals

and plates. However, the director may not issue the decal and plates to the owner of a

passenger motor vehicle or a truck the registered gross weight of which exceeds twenty

thousand pounds [9071.84 kilograms]. A registrant is eligible for distinctive number plates under

this section if the registrant is a member of the North Dakota firefighter's association. On

request of the director, the North Dakota firefighter's association shall certify those members of

the North Dakota firefighter's association eligible to receive the decals and plates. On

termination of the registrant's eligibility, the registrant shall return the decals and plates to the

director, who shall reissue for a fee of not more than five dollars another number plate to which

that registrant is entitled under this chapter. The director and the North Dakota firefighter's

association shall cooperate in establishing procedures to implement this section.
N.D. Cent. Code § 39-21-47 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-47
39-21-47. Distress signals for handicapped drivers - Penalty for misuse
Status: repealed

39-21-47. Distress signals for handicapped drivers - Penalty for misuse

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 39-06.1-03 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-03
39-06.1-03. Administrative hearing - Procedures - Appeals - Stay orders
Status: in_force

39-06.1-03. Administrative hearing - Procedures - Appeals - Stay orders

1. An individual cited for a traffic violation, other than an offense listed in section

39-06.1-05, who does not follow one of the procedures in section 39-06.1-02, may

request a hearing on the issue of commission of the charged violation. The hearing

must be held at the time scheduled in the citation, at the time scheduled in response to

the individual's request, or at some future time, not to exceed ninety days later, set at

that first appearance.

2. At the time of a request for a hearing on the issue of commission of the violation, the

individual charged shall deposit with the official having jurisdiction an appearance bond

equal to the statutory fee for the charged violation.

3. If an individual cited for a traffic violation, other than an offense listed in section

39-06.1-05, has requested a hearing on the issue of the commission of the charged

violation and appears at the time scheduled for the hearing, and the prosecution does

not appear or is not ready to prove the commission of a charged violation at the

hearing, the official shall dismiss the charge.

4. If the official finds that the individual had committed the traffic violation, the official shall

notify the director of that fact, and whether the individual was driving more than nine

miles [14.48 kilometers] per hour in excess of the lawful limit, stating specifically the

miles [kilometers] per hour in excess of the lawful limit, if charged with a speeding

violation, within ten days of the date of the hearing. The fact that an individual has

admitted a violation, or has, in any proceeding, been found to have committed a

violation, may not be referred to in any way, nor be admissible as evidence in any

court, civil, equity, or criminal, except in an action or proceeding involving that

individual's operator's license.

5. a. An individual may not appeal a finding from a district judge or magistrate that the

individual committed the violation. If an individual is aggrieved by a finding in the

municipal court that the individual committed the violation, the individual may,

without payment of a filing fee, appeal that finding to the district court for trial

anew. If, after trial in the appellate court, the individual is again found to have

committed the violation, there is no further appeal. Notice of appeal under this

subsection must be given within thirty days after a finding of commission of a

violation is entered by the official. Oral notice of appeal may be given to the

official at the time that the official adjudges that a violation has been committed.

Otherwise, notice of appeal must be in writing and filed with the official, and a

copy of the notice must be served upon the prosecuting attorney. An appeal taken

under this subsection may not operate to stay the reporting requirement of

subsection 4, nor to stay appropriate action by the director upon receipt of that

report.

b. The appellate court upon application by the appellant may:

(1) Order a stay of any action by the director during pendency of the appeal, but

not to exceed a period of one hundred twenty days;

(2) Order a stay and that the appellant be issued a temporary restricted driving

certificate by the director to be effective for no more than one hundred

twenty days; or

(3) Deny the application.

An application for a stay or temporary certificate under this subdivision must be

accompanied by a certified copy of the appellant's driving record, for the

furnishing of which the director may charge a fee of three dollars. Any order

granting a stay or a temporary certificate must be immediately forwarded by the

clerk of court to the director, who immediately shall issue a temporary certificate

in accordance with the order in the manner provided by law. A court may not

make a determination on an application under this subdivision without notice to

the appropriate prosecuting attorney. An individual who violates or exceeds the

restrictions contained in any temporary restricted driving certificate issued under

this subdivision is guilty of a traffic violation and must be assessed a fee of twenty

dollars.

c. If the individual charged is found not to have committed the violation by the

appellate court, the clerk of court shall report that fact to the director immediately.

Unless the appropriate state's attorney consents to prosecute the appeal, if an

appeal under this subsection is from a violation of a city ordinance, the city

attorney for the city wherein the alleged violation occurred shall prosecute the

appeal. In all other cases, the appropriate state's attorney shall prosecute the

appeal.

6. The state or the city, as appropriate, must prove the commission of a charged violation

at the hearing or appeal under this section by a preponderance of the evidence. Upon

an appeal under subsection 5, the court and parties shall follow, to the extent

applicable, the North Dakota Rules of Civil Procedure. If on the appeal from the finding

of the official the finding is affirmed, costs may be assessed at the discretion of the trial

judge.
N.D. Cent. Code § 39-22.1-04 — ND Code / Title 39 / Chapter 39-22.1 / Section 39-22.1-04
39-22.1-04. Examination of books and records
Status: in_force

39-22.1-04. Examination of books and records

The director or any duly authorized representative may inspect the pertinent books, letters,

records, and contracts of any licensed trailer dealer or any other person relating to any

complaint made against the dealer or person and held to be in violation of this chapter. In

addition, any duly authorized representative of the department may inspect the records of any

licensed dealer to verify that fees collected for the department have been properly remitted.
N.D. Cent. Code § 39-33-10 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-10
39-33-10. Penalty for false representation
Status: in_force

39-33-10. Penalty for false representation

Any person requesting the disclosure of personal information from department records who

misrepresents that person's identity or makes a false statement to the department on any

application required to be submitted pursuant to this chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 39-07-13 — ND Code / Title 39 / Chapter 39-07 / Section 39-07-13
39-07-13. Wrecker and towing services to report
Status: in_force

39-07-13. Wrecker and towing services to report

The person in charge or the operator of any commercial towing or wrecker service which

causes any motor vehicle to be transported to a private residence or business other than a

garage or repair shop which shows evidence of having been involved in a reportable accident

as provided in section 39-08-09 or of being struck by any bullet shall report or cause a report to

be made to a police officer within twenty-four hours after such motor vehicle is transported. The

report must give the registration number, and the name and address of the owner, operator, or

person in control of such vehicle with a description of the location and type of damage to the

vehicle, or any missing parts, along with the location such vehicle was transported to, if the

vehicle does not have a sticker on a window thereof issued by a police officer, sheriff, or

highway patrol trooper, bearing information to show that the accident in which the vehicle was

involved has been investigated. If the vehicle does bear such a sticker, the towing or wrecker

service need not make the report this section requires.
N.D. Cent. Code § 39-21-45.1 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-45.1
39-21-45.1. Modification of motor vehicle
Status: in_force

39-21-45.1. Modification of motor vehicle

1. An individual who operates a registered motor vehicle on a highway may not modify

that vehicle unless the modification meets the following requirements:

a. Any modifying equipment must meet any other requirement applicable to a

vehicle under chapter 39-21.

b. If tires placed on a motor vehicle have a diameter greater than that of the tires on

the motor vehicle as manufactured, those tires must be branded with a United

States department of transportation tire identification number.

c. The maximum body height permitted for a motor vehicle is forty-two inches

[106.68 centimeters]. Measurement of body height is made from a level ground

surface to the floor of the cargo area.

2. An individual may not operate a registered motor vehicle on a highway unless the

motor vehicle is equipped with front and rear bumpers. The height of the bumper must

not exceed twenty-seven inches [68.58 centimeters] and this measurement is made

from a level ground surface to the highest point on the bottom of the bumper. A

horizontal drop bumper may be used to comply with this subsection and must be at

least three inches [7.62 centimeters] in vertical width; extend the entire horizontal body

width; and be horizontal, load bearing, and attached to the vehicle frame to effectively

transfer impact when engaged.

3. Vehicles owned by law enforcement agencies, the military, firefighting agencies, and

ambulances may be modified without regard to this section.

4. The director may adopt rules to implement this section.
N.D. Cent. Code § 39-01-02 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-02
39-01-02. Motor vehicles owned or leased by the state to display name on side of vehicles - Exceptions - Penalty
Status: in_force

39-01-02. Motor vehicles owned or leased by the state to display name on side of

vehicles - Exceptions - Penalty.

All motor vehicles owned and operated by the state, except vehicles under the control of the

central vehicle management system and the official vehicle for use by the governor, must have

displayed on each front door the words NORTH DAKOTA. The words must be in letters four

inches [10.16 centimeters] in height. Two and one-half inches [6.35 centimeters] directly below

those words there must be printed in letters one and one-half inches [3.81 centimeters] in height

the name of the state agency owning or leasing the motor vehicle. The width of the display

required by this section must be proportionate to the required height. The color of the lettering

must be in clear and sharp contrast to the background. The state auditor shall include in the

auditor's report to the governor and the legislative assembly any instance of noncompliance with

this section. The above requirements and the requirements for no smoking signs do not apply to

vehicles operated by a state entity that engages in investigatory activities. The central vehicle

management system vehicles must display a window decal designed by the director. The state

highway patrol and all peace officers of this state shall enforce this section.
N.D. Cent. Code § 39-06-02 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-02
39-06-02. Individuals who are exempt from having an operator's license - Resident defined
Status: in_force

39-06-02. Individuals who are exempt from having an operator's license - Resident

defined.

1. The following individuals are exempt from having an operator's license:

a. An employee of the United States government while operating a motor vehicle

owned by or leased to that government and being operated on official business.

b. A nonresident who is at least sixteen years of age, who has in that individual's

immediate possession a valid operator's license issued to that individual in that

individual's home state or country.

c. A member of the armed forces of the United States while that individual is

stationed in North Dakota, if that individual has a valid current operator's license

from another state.

d. An individual over sixteen years of age who becomes a resident of this state and

who has in possession a valid operator's license issued to that individual under

the laws of some other state or country or by military authorities of the United

States for a period of not more than sixty days after becoming a resident of this

state.

e. A member of the North Dakota national guard operating any military vehicles as

authorized by a national guard operator's license while on duty.

2. For purposes of this chapter, an individual is deemed a resident of this state when the

individual has lived in the state for ninety consecutive days, unless the individual is a

nonresident student, a tourist, or a member of the armed forces.
N.D. Cent. Code § 39-16-16 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-16
39-16-16. Revocation of license for reasons other than provisions of this chapter
Status: repealed

39-16-16. Revocation of license for reasons other than provisions of this chapter

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-04-32 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-32
39-04-32. Used car lots - Location
Status: repealed

39-04-32. Used car lots - Location

Repealed by S.L. 1963, ch. 285, § 14.
N.D. Cent. Code § 39-27-12 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-12
39-27-12. Chain guard
Status: in_force

39-27-12. Chain guard

Any drive chain on a motorcycle must be equipped with a chain guard or covering device to

prevent chain or chain sprocket contact with any rider.
N.D. Cent. Code § 39-13-02 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-02
39-13-02. Local traffic signs
Status: repealed

39-13-02. Local traffic signs

Repealed by S.L. 1975, ch. 353, § 4.
N.D. Cent. Code § 39-24.1-07 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-07
39-24.1-07. Criminal penalties for operating snowmobile while having alcohol or drug concentrations
Status: in_force

39-24.1-07. Criminal penalties for operating snowmobile while having alcohol or drug

concentrations.

Upon conviction of a violation of subdivision c of subsection 5 of section 39-24-09, the court

shall impose the following minimum penalties:

1. Notwithstanding subsection 7 of section 12.1-32-01, if the person's record indicates

that, within the five years preceding the date of the offense, the person has not

violated subdivision c of subsection 5 of section 39-24-09 or the person has not been

prohibited from operating a snowmobile under this chapter, the offense is an infraction.

The court shall impose a minimum fine of two hundred fifty dollars and, as a condition

of that person's probation, shall prohibit that person from operating a snowmobile on

all public land or private land with public access for sixty days within the snowmobile

season that runs from December first through April first.

2. If the person's record indicates that, within the five years preceding the date of the

offense, the person has one violation of subdivision c of subsection 5 of section

39-24-09 or the person has once been prohibited from operating a snowmobile under

this chapter, the offense is a class B misdemeanor. The court shall impose a minimum

fine of three hundred fifty dollars and, as a condition of that person's probation, shall

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

public access for one year from the date of the sentence.

3. If the person's record indicates that, within the five years preceding the date of the

offense, the person has had at least two violations of subdivision c of subsection 5 of

section 39-24-09 or the person has at least twice been prohibited from operating a

snowmobile under this chapter, the offense is a class B misdemeanor. The court shall

impose a minimum fine of four hundred fifty dollars and, as a condition of that person's

probation, shall prohibit that person from operating a snowmobile on all public land or

private land with public access for two years from the date of the sentence.
N.D. Cent. Code § 39-03-10 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-10
39-03-10. Patrolmen to inspect motor vehicles - Report violations
Status: repealed

39-03-10. Patrolmen to inspect motor vehicles - Report violations

Repealed by S.L. 1967, ch. 296, § 2.
N.D. Cent. Code § 39-06.2-16 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-16
39-06.2-16. Reciprocity
Status: in_force

39-06.2-16. Reciprocity

1. Notwithstanding any other provision of law, an individual may drive a commercial

motor vehicle in this state if the individual has a valid commercial driver's license or

commercial learner's permit issued by any state, province or territory of Canada, or

licencia federal de conductor issued by Mexico in accordance with the minimum

federal standards for the issuance of a commercial motor vehicle driver's license, if the

individual's license or permit is not suspended, revoked, or canceled, and if the

individual is not disqualified from driving a commercial motor vehicle.

2. The director must give all out-of-state convictions full faith and credit if the driver is

licensed by this state at the time of the conviction or becomes licensed by this state at

a later time and treat them for sanctioning purposes under this chapter as if they

occurred in this state. For purposes of this section, originals, photostatic copies, or

electronic transmissions of the records of the driver's licensing or other authority of the

other jurisdiction are sufficient evidence whether or not they are certified copies.
N.D. Cent. Code § 39-04-14.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-14.1
39-04-14.1. Renewal of registration of motor vehicles under certain weight
Status: in_force

39-04-14.1. Renewal of registration of motor vehicles under certain weight

Except as otherwise provided in this section, the registration of a motor vehicle whose

registered gross weight does not exceed twenty thousand pounds [9071.84 kilograms] expires

on the last day of the month which is the anniversary of the month it was originally registered.

The registration may be renewed annually on application by the owner and payment of fees

required by law. The renewal takes effect on the first day of the first month of the registration

period. An owner of more than one vehicle qualifying for staggered registration under this

section may renew all of the owner's vehicles in the same month. The director shall prorate the

registration fees accordingly. If a previously registered motor vehicle whose registered gross

weight does not exceed twenty thousand pounds [9071.84 kilograms] is purchased during the

period the vehicle's registration in this state is expired, the department shall collect the annual

registration fee under section 39-04-19 and shall issue registration that expires on the last day

of the month that is the anniversary of the month the vehicle was purchased.
N.D. Cent. Code § 39-01-07 — ND Code / Title 39 / Chapter 39-01 / Section 39-01-07
39-01-07. Penalty for violation of chapter
Status: in_force

39-01-07. Penalty for violation of chapter

Any person violating any provision of this chapter for which another penalty is not

specifically provided is guilty of a class A misdemeanor.
N.D. Cent. Code § 39-03-13.1 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-13.1
39-03-13.1. Law enforcement training center - Training conducted
Status: in_force

39-03-13.1. Law enforcement training center - Training conducted

The superintendent of the highway patrol is responsible for the operation, maintenance, and

administration of the law enforcement training center. The superintendent shall appoint a

director of the training center who is responsible for coordinating basic and advanced peace

officer training and such other duties as may be prescribed by the superintendent. All peace

officer training which is conducted at the law enforcement training center shall meet the

certification criteria established by the peace officer standards and training board and must be in

accordance with the basic and advanced peace officer curriculum established by the peace

officer standards and training board.
N.D. Cent. Code § 39-22.1-03 — ND Code / Title 39 / Chapter 39-22.1 / Section 39-22.1-03
39-22.1-03. Suspension, denial, revocation, or cancellation of dealer's license - Penalty
Status: in_force

39-22.1-03. Suspension, denial, revocation, or cancellation of dealer's license -

Penalty.

The director may deny an application for a dealer's license or suspend, revoke, or cancel a

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

in the application for a license; willfully failing to comply with this chapter; willfully violating a law

relating to the sale, distribution, or financing of trailers; ceasing to have a primary established

place of business; or failing to comply with the reasonable rules and regulations of the director

as established under chapter 28-32, but no order suspending or revoking a dealer's license may

be made without a hearing at which the licensee must be given an opportunity to be heard. Any

dealer violating any provision of this chapter must be assessed a one hundred dollar fee by the

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

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

trailer dealer licensed under this chapter if a third or subsequent violation of the chapter occurs

within five years of the first violation.
N.D. Cent. Code § 39-10-63.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-63.1
39-10-63.1. Lamps and other equipment on bicycles
Status: repealed

39-10-63.1. Lamps and other equipment on bicycles

Repealed by S.L. 1975, ch. 348, § 17.
N.D. Cent. Code § 39-10-30 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-30
39-10-30. Driver to exercise due care
Status: in_force

39-10-30. Driver to exercise due care

Notwithstanding other provisions of this chapter or the provisions of any local ordinance,

every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian and shall

give warning by sounding the horn when necessary and shall exercise proper precaution upon

observing any child or any confused, incapacitated, or intoxicated person.
N.D. Cent. Code § 39-31-02 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-02
39-31-02. Application of chapter to intrastate commerce
Status: in_force

39-31-02. Application of chapter to intrastate commerce

This chapter applies to persons and motor vehicles engaged in intrastate commerce only to

the extent permitted by the constitution and laws of the United States and this state.
N.D. Cent. Code § 39-08-24 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-24
39-08-24. Use of an electronic communication device by minor prohibited
Status: in_force

39-08-24. Use of an electronic communication device by minor prohibited

An individual at least sixteen and under eighteen years of age who has been issued a

class D license may not operate an electronic communication device to talk, compose, read, or

send an electronic message while operating a motor vehicle that is in motion unless the sole

purpose of operating the device is to obtain emergency assistance, to prevent a crime about to

be committed, or in the reasonable belief that an individual's life or safety is in danger.
N.D. Cent. Code § 39-22.1-01 — ND Code / Title 39 / Chapter 39-22.1 / Section 39-22.1-01
39-22.1-01. Trailer dealer's license - Fees - Plates - Definition
Status: in_force

39-22.1-01. Trailer dealer's license - Fees - Plates - Definition

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

or advertise or hold out to the public as being in the business of buying, selling, or

exchanging of trailers without first being licensed.

2. Application for dealer's license and renewal license must be made to the director on

forms as the director prescribes and furnishes, and the application must be

accompanied by an annual fee of thirty dollars for which must be issued one dealer

plate. The applicant for an initial trailer dealer license shall submit a nonrefundable fee

of one hundred dollars for the initial inspection with the application. A dealer's license

expires on December thirty-first of each year, and application for renewal of a dealer's

license must be made on or before the expiration of the current dealer's license. Any

dealer who fails to submit a renewal application before the expiration of the dealer's

current license, in addition to all other fees due, shall pay a one hundred dollar fee at

the time the dealer's license is renewed.

3. A trailer dealer's license may be issued only to those who will maintain a primary

established place of business and will abide by all the provisions of law pertaining to

trailer dealers. In addition, the dealer shall maintain that person's business records in

one central location.

4. Upon the payment of a fee of ten dollars for each additional plate, the director shall

register and issue dealer's license plates for use on any trailers owned by the licensed

dealer, and the trailers bearing the dealer's license plates may be lawfully operated

upon the public highways of this state by the dealer during the year of the registration,

in the direct functions of demonstrating, buying, selling, or transporting trailers. A

dealer's license plates expire on December thirty-first of each year.

5. The term "trailer" as used in this chapter does not include those trailers exempt from

registration in chapter 39-04.
N.D. Cent. Code § 39-04-08.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-08.1
39-04-08.1. Assignment of motor vehicle number plates
Status: in_force

39-04-08.1. Assignment of motor vehicle number plates

Motor vehicle number plates may not be assigned as a reward for any political activity, in

recognition of any political affiliation or membership in any political party, or on the basis of

political favoritism. However, an elected state office may be assigned a single or double digit

number on a number plate as requested by that official. The department of transportation may

adopt rules governing the assignment of numbers on motor vehicle number plates in

accordance with this section.
N.D. Cent. Code § 39-24.1-09 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-09
39-24.1-09. Proof of refusal admissible in any action or proceeding
Status: in_force

39-24.1-09. Proof of refusal admissible in any action or proceeding

If the person under arrest refuses to submit to the chemical test, proof of refusal is

admissible in any action or proceeding arising out of acts alleged to have been committed while

the person was operating a snowmobile while under the influence of intoxicating liquor, drugs, or

a combination thereof.
N.D. Cent. Code § 39-09-07 — ND Code / Title 39 / Chapter 39-09 / Section 39-09-07
39-09-07. Speed zones on state highways
Status: in_force

39-09-07. Speed zones on state highways

Whenever the director with respect to highways and the superintendent of the North Dakota

state highway patrol shall jointly determine upon the basis of an engineering and traffic

investigation that the speed of vehicular traffic on a state highway is greater or less than is

reasonable or safe under the conditions found to exist at any intersection or other place or upon

any part of such highway to include streets within the corporate limits of any city, when such

streets have been designated as part of any state highway, said officials acting jointly may

determine and declare a reasonable and safe speed limit thereat not in excess of the maximum

prescribed by law, which shall be effective at all times or during hours of daylight or darkness or

at such other times as may be determined when appropriate signs giving notice thereof are

erected at such intersections or other place or part of the highway.
N.D. Cent. Code § 39-03.1-10.2 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-10.2
39-03.1-10.2. Employer service purchases
Status: in_force

39-03.1-10.2. Employer service purchases

An employer may purchase additional service credit on behalf of a contributor under the

following conditions:

1. The contributor may not be given the option to choose between an employer service

purchase and an equivalent amount paid in cash.

2. The contributor must meet one of the following conditions at the time the purchase is

made:

a. The contributor's age plus service credit must be equal to or greater than

seventy; or

b. The contributor's age must be at least fifty and the contributor must have at least

ten years of service credit.

3. The board must determine the purchase price on an actuarially equivalent basis.

4. The purchase must be completed before the contributor's retirement.

5. The employer may purchase a maximum of five years of service credit on behalf of the

contributor.

6. The employer must pay the purchase price for the service credit purchased under this

section in a lump sum.
N.D. Cent. Code § 39-22-19 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-19
39-22-19. Garage liability insurance requirement
Status: in_force

39-22-19. Garage liability insurance requirement

Before the issuance of a motor vehicle dealer license, the applicant must provide proof to

the department of a continuous policy of liability insurance for the business operation of the

applicant which includes general, business automobile, and sales, repair, or service operations

liability as is appropriate to the business operation. The insurance company that issued the

policy must notify the department of any cancellation, suspension, or revocation of the

coverage. Any motor vehicle dealer who fails to maintain the insurance coverage required by

this section shall return the dealer license and dealer number plates to the department on or

before the effective date of the cancellation, suspension, or revocation. Failure to return the

dealer license or dealer number plates results in automatic revocation by operation of law. The

department may order the superintendent to take possession of any dealer license or dealer

number plates not returned to the department as required in this section. The department shall

reinstate the dealer license and dealer number plates only when proof of insurance coverage is

received.
N.D. Cent. Code § 39-05-22 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-22
39-05-22. Department to maintain file of surrendered certificates of title - Purpose - Records
Status: in_force

39-05-22. Department to maintain file of surrendered certificates of title - Purpose -

Records.

The department shall retain and appropriately file every surrendered certificate of title, such

file to be maintained to permit the tracing of title of vehicles designated therein.

1. The department shall file, upon receipt, each affidavit of affixation relating to a

manufactured home that is delivered in accordance with section 47-10-27 when

satisfied of the affidavit's genuineness and regularity.

2. The department shall maintain a record of each affidavit of affixation filed in

accordance with subsection 1. The record must state the name of each owner of the

related manufactured home, the county of recordation, the date of recordation, the

book and page number of each book of records in which there has been recorded an

affidavit of affixation under section 47-10-27, and any other information the department

prescribes.

3. The department shall file, upon receipt, each application for surrender of the

manufacturer's certificate of origin relating to a manufactured home that is delivered in

accordance with subsection 1 of section 39-05-35, when satisfied of the application's

genuineness and regularity.

4. The department shall file, upon receipt, each application for surrender of the certificate

of title relating to a manufactured home that is delivered in accordance with

subsection 2 of section 39-05-35, when satisfied of the application's genuineness and

regularity.

5. The department shall file, upon receipt, each application for confirmation of conversion

relating to a manufactured home that is delivered in accordance with subsection 3 of

section 39-05-35, when satisfied of the application's genuineness and regularity.

6. The department shall maintain a record of each manufacturer's certificate of origin

accepted for surrender as provided in subsection 1 of section 39-05-35. The record

must state the name of each owner of the manufactured home, the date the

manufacturer's certificate of origin was accepted for surrender, the county of

recordation, the date of recordation, the book and page number of each book of

records in which there has been recorded an affidavit of affixation under section

47-10-27, and any other information the department prescribes.

7. The department shall maintain a record of each manufactured home certificate of title

accepted for surrender as provided in subsection 2 of section 39-05-35. The record

must state the name of each owner of the manufactured home, the date the certificate

of title was accepted for surrender, the county of recordation, the date of recordation,

the book and page number of each book of records in which there has been recorded

an affidavit of affixation under section 47-10-27, and any other information the

department prescribes.

8. The department shall maintain a record of each application for confirmation of

conversion accepted as provided in subsection 3 of section 39-05-35. The record must

state the name of each owner of the manufactured home, the county of recordation,

the date of recordation, the book and page number of each book of records in which

there has been recorded an affidavit of affixation under section 47-10-27, and any

other information the department prescribes.

9. Records of surrendered certificates of title and the records referred to in subsections 6,

7, and 8 must be maintained permanently. The department shall maintain a website an

interested person may use to supply a vehicle identification number in order to confirm

the status of a manufactured home as real estate under subsection 6 of section

47-10-27 and to confirm the department retired the manufacturer's certificate of origin

or certificate of title.
N.D. Cent. Code § 39-06-03 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-03
39-06-03. No operator's license to certain individuals
Status: in_force

39-06-03. No operator's license to certain individuals

The director may not issue an operator's license:

1. To an individual who is under the age of sixteen years, except that the director may

issue an instructional permit under section 39-06-04, a restricted permit under section

39-06-05, or a license under section 39-06-17.

2. To an individual whose license has been suspended or revoked in this state or in any

other state during the suspension, except under section 39-06.1-03 or 39-06.1-11, or

to any person whose license has been revoked, except under sections 39-06-35,

39-06-36, and 39-06.1-11.

3. To an individual who has previously been adjudged to be afflicted with or suffering from

any mental disability or disease and who has not at the time of application been

restored to competency by the methods provided by law.

4. To an individual who is required by this chapter to take an examination, unless the

individual has successfully passed such examination.

5. To an individual who is required under the laws of this state to deposit security or file

proof of financial responsibility and who has not deposited the security or filed the

proof.

6. To an individual if the director has good cause to believe that the individual by reason

of physical or mental disability would not be able to operate a motor vehicle with

safety.

7. To an individual when the director has good cause to believe that the operation of a

motor vehicle on the highways by that individual would be inimical to public safety or

welfare.
N.D. Cent. Code § 39-04-10.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.1
39-04-10.1. Manufacturer's plate - Fee
Status: in_force

39-04-10.1. Manufacturer's plate - Fee

A resident factory representative of any motor vehicle manufacturer may procure from the

director a manufacturer's plate, which must be designed by the director, for a fee of one

hundred fifty dollars, which fee is for a twelve-month period. If such plate is procured at other

than the beginning of the registration period, such fees must be prorated on a monthly basis.

The procurement of such manufacturer's plate by a factory representative is in lieu of the

payment of any other registration fees, sales tax, or use tax on the motor vehicle used by the

factory representative in the course of employment for the period for which the manufacturer's

plate is current and valid. The manufacturer's plate may not be used by any person other than

the representative to whom it was issued, nor may such plate be used on any vehicle other than

that vehicle used by the factory representative in the course of employment. Upon the sale of

the vehicle for which such manufacturer's plate was issued, the plate must be retained by the

factory representative and used upon replacement vehicles subsequently acquired from the

manufacturer for use in the course of employment.

In addition to the foregoing provisions, a manufacturer of motor vehicles is entitled to use a

manufacturer plate on its demonstration vehicles. Such plate must be issued in the name of the

manufacturer and must be used solely for demonstration purposes only by the registrant or its

designated employees.
N.D. Cent. Code § 39-08-21 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-21
39-08-21. Medical qualifications exemption for intrastate drivers
Status: in_force

39-08-21. Medical qualifications exemption for intrastate drivers

Notwithstanding the adoption by the superintendent of the state highway patrol of federal

motor carrier safety regulations pursuant to subsection 3 of section 39-21-46, the provisions of

49 CFR 391.41(b)(1)-(11) do not apply to a person who is qualified through a state medical

waiver program to operate a commercial motor vehicle within the boundaries of this state or a

person who:

1. Is otherwise qualified to operate a commercial motor vehicle and who possesses, on

March 26, 1991, a class 1 license issued pursuant to section 39-06-14, as that section

existed on June 30, 1989, or a class A license issued pursuant to chapter 39-06.2;

2. Operates a commercial motor vehicle only within the boundaries of this state; and

3. Has a medical or physical condition that:

a. Would prevent such person from operating a commercial motor vehicle under

federal motor carrier safety regulations contained in 49 CFR, chapter III,

subchapter B;

b. Existed on March 26, 1991, or at the time of the first required physical

examination after that date; and

c. An examining physician has determined has not substantially worsened since

March 26, 1991, or the time of the first required physical examination after that

date.
N.D. Cent. Code § 39-06-01.2 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-01.2
39-06-01.2. Anatomical gifting
Status: in_force

39-06-01.2. Anatomical gifting

The application for nondriver photo identification cards and operator's licenses must include

a statement making an anatomical gift and provide for the voluntary identification of the

applicant as a donor under chapter 23-06.6. In addition, identification of the applicant as a donor

under chapter 23-06.6 may be completed by an online registry approved by the director. If the

applicant's donor intention is made by the online registry, the intention must be recorded on the

applicant's record. The intention is not required on the identification card or license unless a

duplicate card is obtained or at the time of renewal. The department may not be held civilly or

criminally liable for any act or omission in implementing and maintaining the online registration

of donors.
N.D. Cent. Code § 39-16.1-08 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-08
39-16.1-08. Proof of financial responsibility
Status: in_force

39-16.1-08. Proof of financial responsibility

Proof of financial responsibility when required under this chapter may be given by filing:

1. A certificate of insurance as provided in sections 39-16.1-09 and 39-16.1-10;

2. A bond as provided in section 39-16.1-14; or

3. A certificate of deposit of money or securities as provided in section 39-16.1-15.
N.D. Cent. Code § 39-31-09 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-09
39-31-09. Testimony - Issuance of certificate of permit - Conditions
Status: repealed

39-31-09. Testimony - Issuance of certificate of permit - Conditions

Repealed by S.L. 2015, ch. 277, § 8.
N.D. Cent. Code § 39-31-12 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-12
39-31-12. Fees - Household goods carrier
Status: in_force

39-31-12. Fees - Household goods carrier

Every household goods carrier operating in this state, when applying for a household goods

carrier permit, shall pay a fee of one hundred dollars. The nonrefundable fee for an application

for transfer of a household goods carrier permit is one hundred dollars. The annual filing fee for

maintaining a household goods carrier permit is thirty-five dollars.
N.D. Cent. Code § 39-33-02 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-02
39-33-02. Disclosure and use of personal information from department records prohibited
Status: in_force

39-33-02. Disclosure and use of personal information from department records

prohibited.

1. Notwithstanding any other provision of law, except as provided in sections 39-33-03,

39-33-04, and 39-33-05, the department may not knowingly disclose personal

information about any person obtained by the department in connection with a motor

vehicle record.

2. Notwithstanding any other provision of law, except as provided in subsections 1, 4, 6,

and 9 of section 39-33-05, the department may not knowingly disclose highly restricted

personal information about any person without the express consent of the person to

whom such information pertains. This does not in any way affect the use of organ

donation information on an individual's operator's license or affect the administration of

organ donation initiatives in the state.
N.D. Cent. Code § 39-20-04.1 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-04.1
39-20-04.1. Administrative sanction for driving or being in physical control of a vehicle while having certain alcohol concentration
Status: in_force

39-20-04.1. Administrative sanction for driving or being in physical control of a

vehicle while having certain alcohol concentration.

1. After the receipt of the certified report of a law enforcement officer and if no written

request for hearing has been received from the arrested person under section

39-20-05, or if that hearing is requested and the findings, conclusion, and decision

from the hearing confirm that the law enforcement officer had reasonable grounds to

arrest the person and test results show that the arrested person was driving or in

physical control of a vehicle while having an alcohol concentration of at least eight

one-hundredths of one percent by weight or, with respect to a person under

twenty-one years of age, an alcohol concentration of at least two one-hundredths of

one percent by weight at the time of the performance of a test within two hours after

driving or being in physical control of a motor vehicle, the director shall suspend the

person's driving privileges as follows:

a. For ninety-one days if the person's driving record shows that, within the seven

years preceding the date of the arrest, the person has not previously violated

section 39-08-01 or equivalent ordinance or the person's operator's license has

not previously been suspended or revoked under this chapter and the violation

was for an alcohol concentration of at least eight one-hundredths of one percent

by weight or, with respect to a person under twenty-one years of age, an alcohol

concentration of at least two one-hundredths of one percent by weight, and under

eighteen one-hundredths of one percent by weight.

b. For one hundred eighty days if the operator's record shows the person has not

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

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

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

c. For three hundred sixty-five days if the person's driving record shows that, within

the seven years preceding the date of the arrest, the person has once previously

violated section 39-08-01 or equivalent ordinance or the person's operator's

license has once previously been suspended or revoked under this chapter with

the last violation or suspension for an alcohol concentration under eighteen

one-hundredths of one percent by weight.

d. For two years if the person's driving record shows that within the seven years

preceding the date of the arrest, the person's operator's license has once been

suspended, revoked, or issuance denied under this chapter, or for a violation of

section 39-08-01 or equivalent ordinance, with the last violation or suspension for

an alcohol concentration of at least eighteen one-hundredths of one percent by

weight or if the person's driving record shows that within the seven years

preceding the date of arrest, 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

thereof, and the suspensions, revocations, or denials resulted from at least two

separate arrests with the last violation or suspension for an alcohol concentration

of under eighteen one-hundredths of one percent by weight.

e. For three years if the operator's record shows that within the seven years

preceding the date of the arrest, 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

thereof, and the suspensions, revocations, or denials resulted from at least two

separate arrests and the last violation or suspension was for an alcohol

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

2. In the suspension of the person's operator's license the director shall give credit for the

time the person was without an operator's license after the day of the offense, except

that the director may not give credit for the time the person retained driving privileges

through a temporary operator's permit issued under section 39-20-03.1 or 39-20-03.2.
N.D. Cent. Code § 39-10.2-06 — ND Code / Title 39 / Chapter 39-10.2 / Section 39-10.2-06
39-10.2-06. Equipment for motorcycle riders
Status: in_force

39-10.2-06. Equipment for motorcycle riders

1. No person under the age of eighteen years may operate or ride upon a motorcycle

unless a safety helmet meeting United States department of transportation standards

is being worn on the head of the operator and rider, except when participating in a

lawful parade. If the operator of a motorcycle is required to wear a safety helmet, any

passenger must also wear a safety helmet regardless of the age of the passenger.

2. This section does not apply to persons riding within an enclosed cab or on a golf cart.

3. No person may operate a motorcycle if a person under the age of eighteen years is a

passenger upon that motorcycle and is not wearing a safety helmet as provided in

subsection 1.
N.D. Cent. Code § 39-06.2-11 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-11
39-06.2-11. License reissuance - Class D license
Status: in_force

39-06.2-11. License reissuance - Class D license

The director may issue a class D driver's license to a driver suspended, revoked, or

disqualified under this chapter when:

1. The suspension, revocation, or disqualification arises from a violation under this

chapter which would not require similar sanctions under chapter 39-06, 39-06.1, or

39-20.

2. The period of suspension, revocation, or disqualification imposed for a violation under

this chapter is greater than that which could have been imposed under chapter 39-06,

39-06.1, or 39-20 for the same violation, and the period of suspension or revocation

provided for under chapter 39-06, 39-06.1, or 39-20 has been satisfied under the

existing suspension or revocation.
N.D. Cent. Code § 39-10.2-02 — ND Code / Title 39 / Chapter 39-10.2 / Section 39-10.2-02
39-10.2-02. Riding on motorcycle
Status: in_force

39-10.2-02. Riding on motorcycle

1. A person operating a motorcycle shall ride only upon the permanent and regular seat

attached thereto, and such operator may not carry any other person nor may any other

person ride on a motorcycle unless such motorcycle is designed to carry more than

one person, in which event a passenger may ride upon the permanent and regular

seat if designed for two persons, or upon another seat firmly attached to the

motorcycle at the rear or side of the operator.

2. A person shall ride upon a motorcycle only while sitting astride the seat, facing

forward, with one leg on each side of the motorcycle.

3. No person may operate a motorcycle while carrying any package, bundle, or other

article which prevents the person from keeping both hands on the handlebars.

4. No operator may carry any person, nor may any person ride in a position that will

interfere with the operation or control of the motorcycle or the view of the operator.
N.D. Cent. Code § 39-20-01.1 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-01.1
39-20-01.1. Chemical test of driver in serious bodily injury or fatal crashes
Status: in_force

39-20-01.1. Chemical test of driver in serious bodily injury or fatal crashes

1. If the driver of a vehicle is involved in a crash resulting in the death of another

individual, and there is probable cause to believe that the driver is in violation of

section 39-08-01, a law enforcement officer shall request the driver to submit to a

chemical test or tests of the driver's blood, breath, or urine to determine the alcohol

concentration or the presence of other drugs or substances, or both.

2. If the driver of a vehicle is involved in a crash resulting in the serious bodily injury, as

defined in section 12.1-01-04, of another individual, and there is probable cause to

believe that the driver is in violation of section 39-08-01, a law enforcement officer

shall request the driver to submit to a test or tests of the driver's blood, breath, or urine

to determine the alcohol concentration or the presence of other drugs or substances,

or both.

3. If the driver refuses to submit to a chemical test or tests of the driver's blood, breath, or

urine and exigent circumstances are not present, the law enforcement officer shall

request a search warrant to compel the driver to submit to a chemical test or tests of

the driver's blood, breath, or urine to determine the alcohol concentration or the

presence of other drugs or substances, or both.

4. The approved methods of the director of the state crime laboratory or the director's

designee must be followed in collecting and preserving a sample of the driver's blood,

breath, or urine and conducting a chemical test or tests to determine the alcohol

concentration or the presence of other drugs or substances, or both.
N.D. Cent. Code § 39-21-48 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-48
39-21-48. Crash helmets required for operators of and passengers on motorcycles
Status: repealed

39-21-48. Crash helmets required for operators of and passengers on motorcycles

Repealed by S.L. 1975, ch. 348, § 17.
N.D. Cent. Code § 39-03.1-06 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-06
39-03.1-06. Rules and regulations - Actuarial data
Status: in_force

39-03.1-06. Rules and regulations - Actuarial data

The board shall, from time to time, establish such rules and regulations for the

administration of this chapter as may be deemed necessary. It shall cause to be made periodic

actuarial investigations into the mortality and service experience of the contributors to and the

beneficiaries of the fund.
N.D. Cent. Code § 39-06-19.2 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-19.2
39-06-19.2. Renewal of license held by out-of-state individual
Status: in_force

39-06-19.2. Renewal of license held by out-of-state individual

The director may renew an operator's license issued to an individual who is a resident of

this state or to a spouse who is a resident of this state, if the individual or spouse is out of state

as a result of the employment of the individual or the other spouse with a governmental entity or

a business organization, including the United States armed forces or foreign service. The

director shall develop procedures and requirements for a renewal under this section.
N.D. Cent. Code § 39-16-28 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-28
39-16-28. Cancellation of bond or return of deposit
Status: repealed

39-16-28. Cancellation of bond or return of deposit

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-06.2-10.2 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-10.2
39-06.2-10.2. Implied consent requirements for commercial motor vehicle drivers
Status: in_force

39-06.2-10.2. Implied consent requirements for commercial motor vehicle drivers

1. A person who drives or is in actual physical control of a commercial motor vehicle

within this state is deemed to have given consent to take a test or tests of that person's

blood, breath, or urine for the purpose of determining that person's alcohol

concentration, or the presence of other drugs. The result of any test administered

within two hours of driving or being in actual physical control of a commercial motor

vehicle is that person's alcohol concentration. The test must be conducted pursuant to

the provisions of section 39-20-07.

2. A test or tests may be administered at the direction of a law enforcement officer who,

after stopping or detaining the commercial motor vehicle driver, has probable cause to

believe that driver was driving a commercial motor vehicle while having alcohol or

drugs in the driver's system.

3. A person requested to submit to a test as provided in subsection 1 or 5 must be

warned by the law enforcement officer requesting the test that a refusal to submit to

the test will result in that person being immediately placed out of service for a period of

twenty-four hours and being disqualified from operating a commercial motor vehicle for

a period of not less than one year under section 39-06.2-10.

4. If the person refuses testing, or submits to a test that discloses an alcohol

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

enforcement officer must submit a certified report to the director certifying that the test

was requested pursuant to subsection 1 or 5 and that the person refused to submit to

testing, or submitted to a test under subsection 1 which disclosed an alcohol

concentration of at least four one-hundredths of one percent by weight.

5. A person who drives or is in actual physical control of a commercial motor vehicle

within this state is deemed to have given consent to an onsite alcohol screening test

under section 39-20-14.

6. Upon receipt of the certified report of a law enforcement officer submitted under

subsection 4, the director must disqualify the driver from driving a commercial motor

vehicle under section 39-06.2-10.
N.D. Cent. Code § 39-16-24 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-24
39-16-24. Deposit of cash with state treasurer
Status: repealed

39-16-24. Deposit of cash with state treasurer

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-04-14 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-14
39-04-14. Renewal of registration
Status: in_force

39-04-14. Renewal of registration

Every vehicle registration, except those described in sections 39-04-14.1 and 39-04-14.4,

under this chapter expires on December thirty-first each year and must be renewed annually

upon application by the owner and by payment of the fees required by law, such renewal to take

effect on the first day of January each year. An owner who has made proper application for

renewal of registration of a vehicle previous to January first but who has not received the

number plates, plate, or registration card for the ensuing year is entitled to operate or permit the

operation of such vehicle upon the highways upon displaying thereon the number plates or plate

issued for the preceding year for such time, to be prescribed by the department, as may be

required for the issuance of the new plates. If a previously registered motor vehicle whose

registered gross weight exceeds twenty thousand pounds [9071.84 kilograms] is purchased

during the period the vehicle's registration in this state is expired, the registration fee must be

prorated on a monthly basis from the date of purchase to January first.
N.D. Cent. Code § 39-04-21.1 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-21.1
39-04-21.1. Trailers, semitrailers, farm trailers - Registration fees prorated - Excess weight registration
Status: repealed

39-04-21.1. Trailers, semitrailers, farm trailers - Registration fees prorated - Excess

weight registration.

Repealed by S.L. 1983, ch. 427, § 3.
N.D. Cent. Code § 39-06.1-09 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-09
39-06.1-09. Moving violation defined
Status: in_force

39-06.1-09. Moving violation defined

For the purposes of sections 39-06.1-06 and 39-06.1-13, a "moving violation" means a

violation of section 39-04-11, 39-04-22, subsection 1 of section 39-04-37, section 39-04-55,

39-06-04, 39-06-14, 39-06-14.1, 39-06-16, 39-06.2-07, 39-08-20, 39-08-23, 39-08-24, 39-08-25,

39-09-01, 39-09-01.1, 39-09-04.1, or 39-09-09, subsection 1 of section 39-12-02, section

39-12-04, 39-12-05, 39-12-06, 39-12-09, 39-19-03, 39-21-33.1, 39-21-45.1, 39-24-02, or

39-24-09, except subdivisions b and c of subsection 5 of section 39-24-09, or equivalent

ordinances; or a violation of the provisions of chapter 39-10, 39-10.2, 39-21, or 39-27, or

equivalent ordinances, except subsection 5 of section 39-10-26, section 39-21-44, and

subsections 2 and 3 of section 39-21-46, and those sections within those chapters which are

specifically listed in subsection 1 of section 39-06.1-08.
N.D. Cent. Code § 39-05-19 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-19
39-05-19. Obtaining certificate of title for vehicle when ownership obtained by other than voluntary means
Status: in_force

39-05-19. Obtaining certificate of title for vehicle when ownership obtained by other

than voluntary means.

Whenever the ownership of any vehicle passes otherwise than by voluntary transfer, the

transferee may obtain a certificate of title for the vehicle from the department upon application

for the certificate and payment of a fee of five dollars. The application for the certificate must be

accompanied by instruments or documents of authority, or copies thereof, as may be required

by law to evidence or effect a transfer of title in or to chattels in such case. The department,

when satisfied of the genuineness and regularity of such transfer, shall issue a new certificate of

title to the person entitled thereto, provided that the department may not issue a certificate of

title for a manufactured home with respect to which there has been recorded an affidavit of

affixation under section 47-10-27.
N.D. Cent. Code § 39-10-22.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-22.1
39-10-22.1. Entering freeways - Right of way
Status: in_force

39-10-22.1. Entering freeways - Right of way

A vehicle entering a freeway, as defined in section 24-01-01.1, from an acceleration lane,

ramp, or any other approach road shall yield the right of way to a vehicle on the main roadway

entering the merging area at the same time, regardless of whether the approach road is to the

left or the right of the main roadway, unless posted signs indicate otherwise.
N.D. Cent. Code § 39-31-07 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-07
39-31-07. Notice of opportunity for comment on application
Status: repealed

39-31-07. Notice of opportunity for comment on application

Repealed by S.L. 2015, ch. 277, § 8.
N.D. Cent. Code § 39-16-26 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-26
39-16-26. Release of bond or deposit on making other proof of responsibility
Status: repealed

39-16-26. Release of bond or deposit on making other proof of responsibility

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-20-05 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-05
39-20-05. Administrative hearing on request - Election to participate in the twenty-four seven sobriety program
Status: in_force

39-20-05. Administrative hearing on request - Election to participate in the

twenty-four seven sobriety program.

1. Before issuing an order of suspension, revocation, or denial under section 39-20-04 or

39-20-04.1, the director shall afford that person an opportunity for a hearing if the

person mails or communicates by other means authorized by the director a request for

the hearing to the director within ten days after the date of issuance of the temporary

operator's permit. Upon completion of the hearing, an individual may elect to

participate in the twenty-four seven sobriety program under chapter 54-12. The

hearing must be held within thirty days after the date of issuance of the temporary

operator's permit. If no hearing is requested within the time limits in this section, and

no affidavit is submitted within the time limits under subsection 2 of section 39-20-04,

and if the individual has not provided the director with written notice of election to

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

expiration of the temporary operator's permit serves as the director's official notification

to the person of the revocation, suspension, or denial of driving privileges in this state.

2. If the issue to be determined by the hearing concerns license suspension for operating

a motor vehicle while having an alcohol concentration of at least eight one-hundredths

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

age, an alcohol concentration of at least two one-hundredths of one percent by weight,

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 individual had been driving or was in actual physical control of a vehicle in

violation of section 39-08-01 or equivalent ordinance or, with respect to an individual

under twenty-one years of age, the individual had been driving or was in actual

physical control of a vehicle while having an alcohol concentration of at least two

one-hundredths of one percent by weight; whether the individual was placed under

arrest, unless the individual was under twenty-one years of age and the alcohol

concentration was less than eight one-hundredths of one percent by weight, then

arrest is not required and is not an issue under any provision of this chapter; whether

the individual was tested in accordance with section 39-20-01 and, if applicable,

section 39-20-02; and whether the test results show the individual had an alcohol

concentration of at least eight one-hundredths of one percent by weight or, with

respect to an individual under twenty-one years of age, an alcohol concentration of at

least two one-hundredths of one percent by weight. For purposes of this section, a

copy of a certified copy of an analytical report of a blood or urine sample from the

director of the state crime laboratory or the director's designee, or electronically posted

by the director of the state crime laboratory or the director's designee on the crime

laboratory information management system and certified by a law enforcement officer

or individual who has authorized access to the crime laboratory management system

through the criminal justice data information sharing system or a certified copy of the

checklist and test records from a certified breath test operator, and a copy of a certified

copy of a certificate of the director of the state crime laboratory designating the

director's designees, establish prima facie the alcohol concentration or the presence of

drugs, or a combination thereof, shown therein.

3. If the issue to be determined by the hearing concerns license revocation for refusing to

submit to a test under section 39-20-01 or 39-20-14, 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 39-20-01 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 vehicle in violation of section 39-08-01 or equivalent ordinance or,

with respect to a person under twenty-one years of age, the person had been driving

or was in actual physical control of a vehicle while having an alcohol concentration of

at least two one-hundredths of one percent by weight; whether the person was placed

under arrest; 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 section 39-20-14 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.

4. At a hearing under this section, the regularly kept records of the director and 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 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 electronically posted by the director of the state crime

laboratory or the director's designee on the crime laboratory information

management system and certified by, and received from, a law enforcement

officer or an individual who has authorized access to the crime laboratory

management system through the criminal justice data information sharing

system, or a certified copy of the checklist and test records received by the

director from a certified breath test operator;

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 or

the presence of drugs received by the director from the director of the state crime

laboratory or the director's designee, or that have been electronically posted with

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

website; and

c. Any copy of a certified copy of a certificate of the director of the state crime

laboratory designating the director's designees.

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 39-20-01 or 39-20-14 or

that the person had an alcohol concentration of at least eight one-hundredths of one

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

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

hearing officer shall immediately take possession of the person's temporary operator'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 operator's license by

regular mail to the address on file with the director under section 39-06-20.

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. The hearing officer shall, on the date for which the hearing is scheduled,

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 39-20-06.

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 § 39-10-16 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-16
39-10-16. One-way roadways and rotary traffic islands
Status: in_force

39-10-16. One-way roadways and rotary traffic islands

1. The director and local authorities with respect to highways under their respective

jurisdictions may designate any highway, roadway, part of a roadway, or specific lanes

upon which vehicular traffic shall proceed in one direction at all or such times as shall

be indicated by official traffic-control devices.

2. Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the

direction designated at all or at such times as shall be indicated by official

traffic-control devices.

3. A vehicle passing around a rotary traffic island must be driven only to the right of such

island.

4. After a vehicle enters a rotary traffic island, the vehicle may exit from any position

within the rotary traffic island without giving a signal of intention to exit the rotary traffic

island.
N.D. Cent. Code § 39-10-07 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-07
39-10-07. Flashing signals
Status: in_force

39-10-07. Flashing signals

1. Whenever an illuminated flashing red or yellow light is used in a traffic signal or with a

traffic sign, it requires obedience by vehicular traffic as follows:

a. Flashing red (stop indication). When a red lens is illuminated with rapid

intermittent flashes, drivers of vehicles 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, and the

right to proceed is subject to the rules applicable after making a stop at a stop

sign.

b. Flashing yellow (caution indication). When a yellow lens is illuminated with rapid

intermittent flashes, drivers of vehicles may proceed through the intersection or

past such indication only with caution.

c. Flashing red arrow and flashing yellow arrow indications have the same meaning

as the corresponding flashing circular indications, except that they apply only to

drivers of vehicles intending to make the movement indicated by the arrow.

2. This section does not apply at railroad grade crossings. Conduct of drivers of vehicles

approaching railroad grade crossings is governed by the requirements set forth in

section 39-10-41.
N.D. Cent. Code § 39-03-09 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-09
39-03-09. Powers of highway patrol
Status: in_force

39-03-09. Powers of highway patrol

The superintendent and each member of the highway patrol shall have the power:

1. Of a peace officer for the purpose of enforcing the provisions of this title relating to

operators' licenses, the provisions of title 24 relating to highways, and of any other law

regulating the operation of vehicles or the use of the highways, and in addition the

highway patrol shall enforce all laws relating to the use or presence of alcoholic

beverages in motor vehicles.

2. To make arrests upon view and without warrant for any violation committed in the

person's presence of any of the provisions of this title relating to operators' licenses, or

of title 24 relating to highways or to other laws regulating the operation of vehicles or

the use of the highways.

3. To direct traffic in conformance with law, or, in case of fire or emergency and to

expedite traffic, or, to ensure safety by directing traffic as conditions may require

notwithstanding the provisions of law.

4. To facilitate compliance with the provisions of this title, to require the driver of a vehicle

to stop and exhibit the driver's operator's license and the registration cards issued for

the vehicle, if any are required, and to submit to an inspection and test of the

equipment of such vehicle.

5. For the purpose of locating stolen vehicles and to investigate the title and registration

thereof, to inspect any vehicle of a type required to be registered under the provisions

of this title, in any public garage or repair shop, or in any place where such vehicles

are held for sale or wrecking.

6. To serve all warrants relating to the enforcement of the laws regulating the operation of

vehicles or the use of the highways.

7. To investigate traffic accidents and secure testimony of witnesses or of persons

involved.

8. To investigate reported thefts of motor vehicles, trailers, or semitrailers.

9. To take applications for operators' licenses without making a charge therefor.

10. To enforce all laws, rules, or regulations of the state of North Dakota pertaining to the

closing hours of all businesses or establishments selling alcoholic beverages outside

the limits of incorporated cities of this state.

11. Of a peace officer over all violations of law committed on state owned or leased

property.

12. Of a peace officer over all violations of law committed in their presence or when in

pursuit of any actual or suspected law violator.

13. To require a motor carrier owner, or a motor carrier's agent, affected by rules adopted

under chapter 39-21 to produce logs or other documents to determine compliance with

rules adopted under chapter 39-21.

14. Of a peace officer when providing security and protection for the governor, the

governor's immediate family, and other officers next in order of succession to the office

of governor as deemed adequate and appropriate by the superintendent.

15. Of a peace officer when providing security and protection for members of the

legislative assembly as deemed adequate and appropriate by the superintendent.

16. Of a peace officer when responding to a call for emergency assistance requiring an

immediate response. Following a call for emergency assistance which occurs outside

state-owned or state-leased property, a highway, or the highway right of way,

notification must be provided to the local law enforcement agency having primary

jurisdiction.

17. To promote public trust and an understanding of law enforcement through education,

community outreach, and job shadowing programs.

18. Of a peace officer over any violation of law committed on public or private property

when requested by another law enforcement agency.

19. Of a peace officer when providing security and protection for visiting dignitaries at the

request of another law enforcement agency or the governor. The highway patrol may

request the assistance of other law enforcement agencies with security and protection,

and the other law enforcement agencies may provide the assistance as requested

under this section.
N.D. Cent. Code § 39-34-07 — ND Code / Title 39 / Chapter 39-34 / Section 39-34-07
39-34-07. Delivery network driver - Independent contractor
Status: in_force

39-34-07. Delivery network driver - Independent contractor

1. As used in this chapter:

a. "Delivery network company" has the same meaning as provided under section

26.1-40.2-01.

b. "Delivery network driver" has the same meaning as provided under section

26.1-40.2-01.

2. A delivery network driver is an independent contractor and not an employee of a

delivery network company if the delivery network company:

a. Enters an agreement with the delivery network driver that the delivery network

driver is an independent contractor and not an employee of the delivery network

company;

b. Does not unilaterally prescribe specific hours during which the delivery network

driver must be available to accept service requests submitted through the delivery

network company's digital network; and

c. Does not prohibit the delivery network driver from engaging in outside

employment or performing services through other delivery network companies

except while the delivery network driver is engaged in performing services

through the delivery network company's digital network.

3. A delivery network company may not terminate the contract of the delivery network

company driver for a driver's refusal to accept a specific delivery request.
N.D. Cent. Code § 39-06.2-17 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-17
39-06.2-17. Hours of service exemption - Transportation of agricultural commodities
Status: repealed

39-06.2-17. Hours of service exemption - Transportation of agricultural commodities

Repealed by S.L. 2021, ch. 280, § 7.
N.D. Cent. Code § 39-10-52.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-52.1
39-10-52.1. Driving upon sidewalk
Status: in_force

39-10-52.1. Driving upon sidewalk

No person may drive any vehicle upon a sidewalk or sidewalk area except upon a

permanent or duly authorized temporary driveway.
N.D. Cent. Code § 39-03-08.3 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-08.3
39-03-08.3. Bids - Requirement
Status: repealed

39-03-08.3. Bids - Requirement

Repealed by S.L. 1999, ch. 332, § 1.
N.D. Cent. Code § 39-12-05 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-05
39-12-05. Weight limitations for vehicles on interstate system
Status: in_force

39-12-05. Weight limitations for vehicles on interstate system

A person may not operate on a highway which is part of the interstate system any vehicle:

1. 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 except that such limits may not be applied

to tires on the steering axle. Steering axle weights are limited to twenty thousand

pounds [9071.85 kilograms] or the axle rating established by the manufacturer,

whichever is lower. Axles spaced forty inches [101.60 centimeters] apart or less are

considered as one axle and, on axles spaced over forty inches [101.60 centimeters]

and under eight feet [2.44 meters] apart, the axle load may not exceed seventeen

thousand pounds [7711.07 kilograms] per axle. 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, the

gross weight of which exceeds that determined by the formula of:

W = 500 (LN/ + 12N + 36)

N-1

where W equals maximum weight in pounds carried on any group of more than one

axle; L equals distance in feet between the extremes of any group of consecutive

axles; and N equals number of axles in the group under consideration, except that two

consecutive sets of tandem axles may carry a gross load of thirty-four thousand

pounds [15422.14 kilograms] each, providing the overall distance between the first and

last axles of the consecutive sets of tandem axles is at least thirty-six feet [10.97

meters]. The gross weight may not exceed eighty thousand pounds [36287.39

kilograms].
N.D. Cent. Code § 39-10-21.1 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-21.1
39-10-21.1. Closing road because of hazardous conditions - Road closure notice - Entering closed road prohibited
Status: in_force

39-10-21.1. Closing road because of hazardous conditions - Road closure notice -

Entering closed road prohibited.

1. The highway patrol or local law enforcement authorities having jurisdiction over a road

may close a road temporarily due to hazardous conditions for the protection and safety

of the public. If a closing is made, the authority ordering the closing shall make every

reasonable attempt to notify the public and, when practical, may post appropriate

official traffic-control devices to advise motorists of the closing.

2. If a road closure under subsection 1 has been announced to the public, an individual

may not drive on the road.
N.D. Cent. Code § 39-10-43 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-43
39-10-43. Certain vehicles must stop at all railroad grade crossings
Status: in_force

39-10-43. Certain vehicles must stop at all railroad grade crossings

1. The driver of a bus carrying passengers, or of a schoolbus, or of a vehicle carrying

chlorine, empty or loaded cargo tank vehicles used to transport dangerous articles or

any liquid having a flashpoint below two hundred degrees Fahrenheit [93.33 degrees

Celsius], cargo tank vehicles transporting a commodity having a temperature above its

flashpoint at the time of loading, certain cargo tank vehicles transporting commodities

under special permits issued by the hazardous materials regulations board, and every

motor vehicle which must have the following placards: "explosives", "poison",

"flammable oxidizers", "compressed gas", "corrosives", "flammable gas", "radioactive",

or "dangerous", before crossing at grade any track of a railroad, shall stop the vehicle

within fifty feet [15.24 meters] but not less than fifteen feet [4.57 meters] from the

nearest rail of the railroad and while stopped shall listen and look in both directions

along the track for any approaching train or other on-track equipment, and for signals

indicating the approach of a train or other on-track equipment and may not proceed

until the driver can do so safely. After stopping as required and upon proceeding when

safe to do so, the driver of the vehicle shall cross only in such gear of the vehicle that

there will be no necessity for manually changing gears while traversing the crossing

and the driver may not shift gears manually while crossing the track.

2. A stop is not required at a crossing if traffic is controlled by a police officer. For the

purposes of this section, a United States marshal is considered a police officer.

3. A stop is not required at a crossing that the director has designated as an

out-of-service or exempt crossing and which is clearly marked by signs bearing the

words "Tracks out of service" or "Exempt" in conspicuous places on each side of the

crossing.

4. The director shall notify the road authority and any railway company of a crossing

under the jurisdiction of that railway company which the director has designated as an

out-of-service crossing under this section and the road authority shall erect signs

bearing the words "Tracks out of service" or "Exempt" in conspicuous places on each

side of the crossing.

5. All signs must conform to the manual on uniform traffic-control devices as provided

under section 39-13-06.
N.D. Cent. Code § 39-08-23 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-23
39-08-23. Use of a wireless communications device prohibited
Status: in_force

39-08-23. Use of a wireless communications device prohibited

1. The operator of a motor vehicle that is part of traffic may not use a wireless

communications device to compose, read, or send an electronic message.

2. Under this section:

a. "Electronic message" means a self-contained piece of digital communication that

is designed or intended to be transmitted between physical devices. The term

includes electronic mail, a text message, an instant message, a command or

request to access a worldwide web page, or other data that uses a commonly

recognized electronic communications protocol. The term does not include:

(1) Reading, selecting, or entering a telephone number, an extension number,

or voice mail retrieval codes and commands into an electronic device for the

purpose of initiating or receiving a telephone or cellular phone call or using

voice commands to initiate or receive a telephone or cellular phone call;

(2) Inputting, selecting, or reading information on a global positioning system

device or other navigation system device;

(3) Using a device capable of performing multiple functions, such as fleet

management systems, dispatching devices, phones, citizen band radios,

music players, or similar devices, for a purpose that is not otherwise

prohibited;

(4) Voice or other data transmitted as a result of making a telephone or cellular

phone call;

(5) Data transmitted automatically by a wireless communication device without

direct initiation by an individual; or

(6) A wireless communications device used in a voice-activated,

voice-operated, or any other hands-free manner.

b. "Traffic" means operation of a motor vehicle while in motion or for the purposes of

travel on any street or highway and includes a temporary stop or halt of motion,

such as at an official traffic-control signal or sign. The term does not include a

motor vehicle that is lawfully parked.

3. This section does not apply if a wireless communications device is used for obtaining

emergency assistance to report a traffic accident, medical emergency, or serious traffic

hazard or to prevent a crime about to be committed, in the reasonable belief that an

individual's life or safety is in immediate danger, or in an authorized emergency vehicle

while in the performance of official duties.
N.D. Cent. Code § 39-25-02 — ND Code / Title 39 / Chapter 39-25 / Section 39-25-02
39-25-02. Duties of director - Regulations
Status: in_force

39-25-02. Duties of director - Regulations

1. The director shall adopt and prescribe regulations concerning the administration and

enforcement of this chapter which are necessary to protect the public. The director

shall inspect the school facilities, equipment of applicants and licensees, and examine

applicants for instructor's and examiner's licenses or certifications.

2. The director shall administer and enforce this chapter and shall adopt regulations for

the administration and enforcement of this chapter.
N.D. Cent. Code § 39-03-07 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-07
39-03-07. Salary of superintendent - Limitations
Status: in_force

39-03-07. Salary of superintendent - Limitations

The salary of the superintendent must be within the amount appropriated for salaries by the

legislative assembly. The salary of the assistant superintendent and each trooper must be fixed

by the superintendent, and must be paid in the same manner as other state employees are

paid.
N.D. Cent. Code § 39-06-46 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-46
39-06-46. Renting motor vehicles - License of renter
Status: in_force

39-06-46. Renting motor vehicles - License of renter

A person may not rent a motor vehicle to an individual unless the individual has an

operator's license or, in the case of a nonresident, the individual has an operator's license under

the laws of the state or country of the nonresident's residence except a nonresident whose

home state or country does not require that an operator be licensed, or unless the renter

certifies that the vehicle will be driven by an individual with an operator's license.
N.D. Cent. Code § 39-10.3-05 — ND Code / Title 39 / Chapter 39-10.3 / Section 39-10.3-05
39-10.3-05. Transfer or termination of experimental vehicle ownership - Change of address of owner
Status: in_force

39-10.3-05. Transfer or termination of experimental vehicle ownership - Change of

address of owner.

Within fifteen days of a transfer of any ownership interest in an experimental vehicle, other

than a security interest, the destruction or abandonment of any experimental vehicle, or a

change of address of the owner as listed with the application for registration, written notice of

the fact must be given by the last registered owner to the director in the form the director

requires.
N.D. Cent. Code § 39-08-01.6 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-01.6
39-08-01.6. Criminal record - Seal - Exception
Status: in_force

39-08-01.6. Criminal record - Seal - Exception

1. The court shall seal an individual's criminal record in accordance with sections

12.1-32-07.1 and 12.1-32-07.2 which relates to a conviction under section 39-08-01, if

the individual:

a. Has pled guilty or nolo contendere to, or has been found guilty of a violation

under section 39-08-01 or an equivalent ordinance; and

b. Has not pled guilty or nolo contendere to, or has not been found guilty of a

subsequent violation of section 39-08-01 or an equivalent ordinance, or any other

criminal offense, within seven years of the first violation under section 39-08-01 or

an equivalent ordinance.

2. This section does not apply to an individual licensed as a commercial driver under

section 39-06.2-10 or to a prosecutor's access to a prior offense for purposes of

enhancement under subsection 3 of section 39-08-01 or an equivalent ordinance.
N.D. Cent. Code § 39-03.1-08.1 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-08.1
39-03.1-08.1. Purchase of legislative service credit
Status: in_force

39-03.1-08.1. Purchase of legislative service credit

A contributor may, prior to retirement, purchase service credit for the time during each

legislative session spent serving as a member of the legislative assembly while a member of the

fund. The contributor shall pay for the service credit an amount equal to the required member

contributions and the state contributions for that period of time plus interest as established by

the board. Service credit for legislative sessions prior to July 1, 1985, must be purchased before

January 1, 1986. Service credit for each later legislative session must be purchased within one

year after the adjournment of that legislative session.
N.D. Cent. Code § 39-05-29 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-29
39-05-29. Registration of housetrailers - Provisions of chapter not applicable to trailers or semitrailers less than fifty dollars in value
Status: repealed

39-05-29. Registration of housetrailers - Provisions of chapter not applicable to

trailers or semitrailers less than fifty dollars in value.

Repealed by S.L. 1961, ch. 253, § 6.
N.D. Cent. Code § 39-21-54 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-54
39-21-54. Requirement for steerable, castering, or pivoting axles
Status: in_force

39-21-54. Requirement for steerable, castering, or pivoting axles

A single unit vehicle or any vehicle in combination may not be equipped with more than four

axles unless the additional axles are steerable, castering, or pivoting axles.
N.D. Cent. Code § 39-21-27 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-27
39-21-27. Special lighting and warning equipment on schoolbuses
Status: in_force

39-21-27. Special lighting and warning equipment on schoolbuses

1. The superintendent of public instruction, in cooperation with the director, is authorized

to adopt standards and specifications applicable to lighting equipment and special

warning devices, including the stop sign on a control arm specified in section

39-21-18, to be carried by schoolbuses and other vehicles transporting children to

school for compensation, consistent with the provisions of this chapter, but

supplemental thereto. The standards and specifications must correlate with and, so far

as possible, conform to the specifications then current as approved by the society of

automotive engineers.

2. It is unlawful to operate any flashing warning signal light or the stop sign on the control

arm specified in section 39-21-18 on a schoolbus except when the schoolbus is

stopped on a highway for the purpose of permitting schoolchildren to board or alight

from the schoolbus.

3. Schoolbuses equipped with safety strobe lights pursuant to subsection 4 of section

39-21-18 must have the safety strobe light in operation whenever the schoolbus is

being operated upon a highway for purposes of transporting children either to or from

school or for a school-sanctioned activity. It is unlawful to operate a safety strobe light

on a schoolbus when the schoolbus is used for any other purpose.
N.D. Cent. Code § 39-19-06 — ND Code / Title 39 / Chapter 39-19 / Section 39-19-06
39-19-06. Unified carrier registration system
Status: in_force

39-19-06. Unified carrier registration system

The director may adopt all rules necessary to enable this state to participate in the unified

carrier registration system. Any moneys derived from participation in the unified carrier

registration program must be deposited in the highway fund.
N.D. Cent. Code § 39-22-09 — ND Code / Title 39 / Chapter 39-22 / Section 39-22-09
39-22-09. Dealer to file list of used motor vehicles with registrar - Fees paid on used cars by dealer - Delinquency - Penalty
Status: repealed

39-22-09. Dealer to file list of used motor vehicles with registrar - Fees paid on used

cars by dealer - Delinquency - Penalty.

Repealed by S.L. 1977, ch. 369, § 1.
N.D. Cent. Code § 39-30-02 — ND Code / Title 39 / Chapter 39-30 / Section 39-30-02
39-30-02. Violations and penalties
Status: in_force

39-30-02. Violations and penalties

1. It is a class B felony if any person knowingly, as defined in section 12.1-02-02, and

with intent that a violation of subsection 2 be committed:

a. Owns, operates, or conducts a chop shop;

b. Transports any motor vehicle or motor vehicle part to or from a location knowing it

to be a chop shop; or

c. Sells, transfers, purchases, or receives any motor vehicle or motor vehicle part

either to or from a location knowing it to be a chop shop.

2. Any person who knowingly, as defined in section 12.1-02-02, alters, counterfeits,

defaces, destroys, disguises, falsifies, forges, obliterates, or knowingly removes a

vehicle identification number, with the intent to misrepresent the identity or prevent the

identification of a motor vehicle or motor vehicle part, is guilty of a class B felony.

3. a. Any person who buys, disposes, sells, transfers, or possesses a motor vehicle or

motor vehicle part, with knowledge that the vehicle identification number of the

motor vehicle or motor vehicle part has been altered, counterfeited, defaced,

destroyed, disguised, falsified, forged, obliterated, or removed, is guilty of a class

B felony.

b. The provisions of subdivision a do not apply to a motor vehicle scrap processor

who, in the normal legal course of business and in good faith, processes a motor

vehicle or motor vehicle part by crushing, compacting, or other similar methods,

provided that any vehicle identification number is not removed from the motor

vehicle or motor vehicle part prior to or during any such processing.

c. The provisions of subdivision a do not apply to any owner or authorized

possessor of a motor vehicle or motor vehicle part which has been recovered by

law enforcement authorities after having been stolen or when the condition of the

vehicle identification number of the motor vehicle or motor vehicle part is known

to or has been reported to law enforcement authorities. It is presumed that law

enforcement authorities have knowledge of all vehicle identification numbers on a

motor vehicle or motor vehicle part which are altered, counterfeited, defaced,

disguised, falsified, forged, obliterated, or removed, when law enforcement

authorities deliver or return the motor vehicle or motor vehicle part to its owner or

authorized possessor after it has been recovered by law enforcement authorities

after having been reported stolen.

4. No prosecution may be brought, and no person may be convicted, of any violation

under this section, if acts of the person otherwise constituting a violation were done in

good faith in order to comply with the laws or regulations of any state or territory of the

United States or of the federal government of the United States.

5. The sentence imposed upon a person convicted of any violation of this section may

not be reduced to less than four years imprisonment for a second conviction of any

violation of this section, or less than eight years for a third or subsequent conviction of

any violation of this section, and no sentence imposed upon a person for a second or

subsequent conviction of any violation of this section may be suspended or reduced

until the person has served the minimum period of imprisonment provided in this

section. A person convicted of a second or subsequent violation of this section is not

eligible for probation, parole, furlough, or work release.

6. a. In addition to any punishment, a person who violates this section, must be

ordered to make restitution to the lawful owner or owners of the stolen motor

vehicle or vehicles or the stolen motor vehicle part or parts, or to the owner's

insurer to the extent that the owner has been compensated by the insurer, and to

any other person for any financial loss sustained as a result of a violation of this

section.

As used in this section, "financial loss" includes loss of earnings,

out-of-pocket and other expenses, repair and replacement costs, and claims

payments. As used in this section, "lawful owner" includes an innocent bona fide

purchaser for value of a stolen motor vehicle part who does not know that the

motor vehicle or part is stolen or an insurer to the extent that the insurer has

compensated a bona fide purchaser for value.

b. The court shall determine the extent and method of restitution. In an extraordinary

case, the court may determine that the best interests of the victim and justice

would not be served by ordering restitution. In any such case, the court shall

make and enter specific written findings on the record concerning the

extraordinary circumstances presented which militated against restitution.
N.D. Cent. Code § 39-10-52.2 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-52.2
39-10-52.2. Riding in housetrailer
Status: in_force

39-10-52.2. Riding in housetrailer

No person may be on or inside a housetrailer while it is being moved upon a public highway.

Such prohibition does not apply to fifth-wheel vehicles, which are defined as mobile homes,

mounted on single or tandem axles, coupled by a fifth-wheel hitch to and pivoting on a mount

located immediately above or in front of the rear axle of a motor vehicle other than a passenger

car.
N.D. Cent. Code § 39-10-03.2 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-03.2
39-10-03.2. Class C authorized emergency vehicles
Status: in_force

39-10-03.2. Class C authorized emergency vehicles

All class B specifications apply to class C authorized emergency vehicles except that a blue

flashing light must be displayed in place of an amber light as provided in section 39-10-03.1.
N.D. Cent. Code § 39-16-07 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-07
39-16-07. Release from suspension of license
Status: in_force

39-16-07. Release from suspension of license

The license or nonresident's operating privilege suspended as provided in section 39-16-05

must remain so suspended and may not be renewed nor may any such license be issued to

such person until:

1. Such person deposits or there is deposited on the person's behalf the security required

under section 39-16-05;

2. One year has elapsed following the date of such accident and no evidence satisfactory

to the director has been filed with the director that during such period an action for

damages arising out of such accident has been instituted; or

3. Evidence satisfactory to the director has been filed with the director of a release from

liability, or a final adjudication of nonliability, or a confession of judgment, or a duly

acknowledged written agreement, in accordance with subsection 3 of section

39-16-06; provided, in the event there is any default in the payment of any installment

under any confession of judgment, then upon notice of such default, the director shall

forthwith suspend the license or nonresident's operating privilege of such persons

defaulting which may not be restored unless and until the entire amount provided for in

said confession of judgment has been paid; and provided further, that in the event

there is any default on the payment of any installment under any duly acknowledged

written agreement, then, upon notice of such default, the director shall forthwith

suspend the license or nonresident's operating privilege of such person defaulting

which may not be restored unless and until such person deposits and thereafter

maintains security as required under section 39-16-05 in such amount as the director

may then determine, or one year has elapsed following the date when such security

was required and during such period no action upon such agreement has been

instituted in a court in this state.
N.D. Cent. Code § 39-21-50 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-50
39-21-50. Slow-moving vehicles required to display identification emblem - Penalty
Status: in_force

39-21-50. Slow-moving vehicles required to display identification emblem - Penalty

All implements of husbandry, as defined in section 39-01-01, and machinery, including all

road construction machinery, designed for operation at a speed of twenty-five miles [40.23

kilometers] an hour or less, must display either a triangular slow-moving vehicle emblem or a

rotating or flashing amber light, as authorized for class B emergency vehicles, whenever

traveling along the roadway on any county, state, federal highway, or city street in the state of

North Dakota. The emblem or light must be mounted so as to be visible from a distance of not

less than five hundred feet [152.4 meters] to the rear. The director shall adopt standards and

specifications for the design and position of mounting the slow-moving vehicle emblem and

light. The standards and specifications for slow-moving vehicle emblems referred to in this

section must correlate with and, so far as possible, conform with those approved by the

American society of agricultural engineers. No vehicle, other than those specified in this section,

must display a slow-moving vehicle emblem, and its use on any type of stationary object is

prohibited. Any person who fails or refuses to comply with the provisions of this section must be

assessed a fee of twenty dollars for each offense.
N.D. Cent. Code § 39-04-39 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-39
39-04-39. Distribution of registration fees collected
Status: in_force

39-04-39. Distribution of registration fees collected

1. Any moneys in the registration fund accruing from license fees or from other like

sources, in excess of the amount required to pay salaries and other necessary

expenses, in accordance with the legislative assembly's appropriation for such

purposes, must be promptly deposited in the highway tax distribution fund which must

be distributed in the manner as prescribed by law.

2. The state treasurer shall transfer annually from the highway tax distribution fund to the

low-carbon fuels fund under section 4.1-01-21.2 an amount equal to forty percent of all

sums collected for the registration of farm vehicles under subsection 5 of section

39-04-19 until the cumulative total transfers under this subsection equals thirty million

dollars.
N.D. Cent. Code § 39-06.2-10.5 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-10.5
39-06.2-10.5. Revocation of privilege to drive commercial motor vehicle upon refusal to submit to testing
Status: in_force

39-06.2-10.5. Revocation of privilege to drive commercial motor vehicle upon refusal

to submit to testing.

If a person refuses to submit to testing under section 39-06.2-10.2, the law enforcement

officer shall immediately take possession of the person's driver's license and issue to that

person a temporary driver's permit. The director, upon the receipt of that person's driver'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 driver's permit,

showing that the officer had reasonable grounds to believe the person had been driving or was

in actual physical control of a commercial motor vehicle while in violation of section 39-06.2-10.1

or, 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 detained, and that the person had refused to submit to the

screening test under section 39-06.2-10.2, shall revoke that person's commercial driver's

license or permit to drive and any nondomiciled commercial driver's privilege for the appropriate

period under section 39-06.2-10, or if the person is a resident without a commercial driver's

license or permit, the director shall deny to the person the issuance of a commercial driver's

license or permit for the appropriate period under section 39-06.2-10 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 driver's license the director

shall give credit for time in which the person was without a driver'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 driver's permit.
N.D. Cent. Code § 39-10.2-05 — ND Code / Title 39 / Chapter 39-10.2 / Section 39-10.2-05
39-10.2-05. Footrests
Status: in_force

39-10.2-05. Footrests

Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, must be

equipped with footrests for such passenger.
N.D. Cent. Code § 39-04-10.15 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.15
39-04-10.15. Patriotic number plates
Status: in_force

39-04-10.15. Patriotic number plates

1. The director shall issue patriotic plates under this section upon receiving:

a. Payment of all other fees required under this chapter for registration of a motor

vehicle;

b. Payment of an initial fee of twenty-five dollars of which twenty dollars is deposited

in the highway tax distribution fund and five dollars is deposited in the veterans'

postwar trust fund; and

c. Payment of an annual surcharge of twenty-five dollars of which ten dollars is

deposited in the highway tax distribution fund and fifteen dollars is deposited in

the veterans' postwar trust fund.

2. The department shall collect the initial fees and the annual surcharges under this

section. Deposits in the veterans' postwar trust fund under this section must be added

to the principal of the fund. Investment of the fund is the responsibility of the state

treasurer who shall have full authority to invest the fund only in the same manner as

the state investment board is authorized to make investments.

3. Patriotic plates must include a flag of the United States decal plate, bald eagle decal

plate, or boonie stomper decal plate.
N.D. Cent. Code § 39-12-21 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-21
39-12-21. Penalty
Status: in_force

39-12-21. Penalty

Any driver of a vehicle who refuses to stop and submit the vehicle and load to a weighing

when directed to do so by any police officer or any agent of this state having police powers

relating to motor vehicles is guilty of a class B misdemeanor.
N.D. Cent. Code § 39-12-05.2 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-05.2
39-12-05.2. Interstate weight limitations if permitted by the Congress of the United States
Status: in_force

39-12-05.2. Interstate weight limitations if permitted by the Congress of the United

States.

If congressional action occurs authorizing a greater gross weight on the interstate system

than allowed under section 39-12-05, a person may operate on an interstate highway a vehicle

the gross weight of which is at most the weight allowed by the congressional action.
N.D. Cent. Code § 39-09-06 — ND Code / Title 39 / Chapter 39-09 / Section 39-09-06
39-09-06. Speed limitations inapplicable to whom - Liability of exempt driver for reckless driving
Status: in_force

39-09-06. Speed limitations inapplicable to whom - Liability of exempt driver for

reckless driving.

The speed limitations provided for in this chapter do not apply to class A authorized

emergency vehicles. The exemptions provided for in this section do not protect the driver of any

such vehicle from the consequences of a reckless disregard of the safety of others.
N.D. Cent. Code § 39-10-31 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-31
39-10-31. Protection of blind or incapacitated pedestrians
Status: repealed

39-10-31. Protection of blind or incapacitated pedestrians

Repealed by S.L. 1975, ch. 347, § 25.
N.D. Cent. Code § 39-08-07 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-07
39-08-07. Duty upon striking unattended vehicle - Penalty
Status: in_force

39-08-07. Duty upon striking unattended vehicle - Penalty

The driver of any vehicle which collides with any vehicle which is unattended shall

immediately stop and shall then and there either locate and notify the operator or owner of the

vehicle of the name and address, as well as the name of the motor vehicle insurance policy

carrier, of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a

conspicuous place in the vehicle struck a written notice giving the name and address, as well as

the name of the motor vehicle insurance policy carrier, of the driver and of the owner of the

vehicle doing the striking and a statement of the circumstances of the collision. Any person

violating this section is guilty of a class A misdemeanor.
N.D. Cent. Code § 39-12-19 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-19
39-12-19. Payment - Effect
Status: in_force

39-12-19. Payment - Effect

The payment of charges may not be construed as a payment for the future use of highways,

streets, or roads by vehicles carrying excess loads.
N.D. Cent. Code § 39-06.2-06 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-06
39-06.2-06. Commercial driver's license required
Status: in_force

39-06.2-06. Commercial driver's license required

1. Except when driving under a commercial learner's permit and accompanied by the

holder of a commercial driver's license valid for the vehicle being driven, an individual

may not drive a commercial motor vehicle on the highways of this state unless the

individual holds and is in immediate possession of a commercial driver's license with

applicable endorsements valid for the vehicle the individual is driving. This subsection

does not apply when the vehicle being driven:

a. Is a house car or a vehicle towing a travel trailer being used solely for personal

rather than commercial purposes.

b. Constitutes emergency or firefighting equipment necessary to the preservation of

life or property.

c. Is being driven for military purposes, subject to any limitations imposed by title 49,

Code of Federal Regulations, part 383.3(c).

d. Is a covered farm vehicle as defined in this chapter.

2. An individual may not drive a commercial motor vehicle on the highways of this state

while the individual's driving privilege is suspended, revoked, or canceled, while

subject to a disqualification.

3. The provisions of this chapter do not apply to farm-to-market operations by farmers,

but only with respect to those operators of a farm vehicle that is:

a. Controlled and operated by a farmer.

b. Used to transport agricultural products, including trees; farm machines; or farm

supplies, to or from a farm.

c. Not used in the operations of a common or contract carrier.

d. Used within one hundred fifty miles [241.40 kilometers] of the individual's farm.

4. The provisions of this chapter do not apply to an individual employed by and operating

a vehicle at the request of and within a political subdivision, with a population of less

than three thousand, during an emergency declared by that political subdivision for the

removal of snow and ice. This waiver only applies when the regularly employed driver

is unavailable or the employing political subdivision determines additional assistance is

required.

5. Pursuant to the limitations imposed by title 49, Code of Federal Regulations, part

383.3, the required knowledge and skills tests may be waived and a restricted

commercial driver's license issued for a single period of two hundred ten days or two

periods of one hundred five days within a calendar year to employees of agrichemical

businesses, custom harvesters, farm retail outlets and suppliers, including retailers

and suppliers of trees, and livestock feeders.

6. Pursuant to the limitations imposed by title 49, Code of Federal Regulations, part

383.3, the holder of a class A commercial driver's license is exempt from the

hazardous materials endorsement, if the licenseholder is:

a. Acting within the scope of the licenseholder's employment, and within the state of

domicile, or another state with a hazardous materials enforcement exemption, as

an employee of a custom harvester operation, agrichemical business, farm retail

outlet and supplier, or livestock feeder; and

b. Operating a service vehicle that is transporting diesel in a quantity of one

thousand gallons [3785 liters] or less which is clearly marked with "flammable" or

"combustible" placard, as appropriate.

7. In accordance with title 49, Code of Federal Regulations, part 384, section 230, the

department may not issue a commercial driver's license to an individual who obtains a

commercial learner's permit unless the individual complies with title 49, Code of

Federal Regulations, part 380, subpart F.
N.D. Cent. Code § 39-22.3-08 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-08
39-22.3-08. Dealers to furnish information to director
Status: in_force

39-22.3-08. Dealers to furnish information to director

All dealers engaged in the sale of motor-powered recreational vehicles in this state shall

furnish the director with information as to models, specifications, selling prices, and other data

requested by the director as may be necessary in carrying out this chapter.
N.D. Cent. Code § 39-12-02 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-02
39-12-02. Special permits for vehicles of excessive size and weight issued - Contents - Fees
Status: in_force

39-12-02. Special permits for vehicles of excessive size and weight issued -

Contents - Fees.

1. a. The highway patrol and local authorities in their respective jurisdictions, upon

application and payment of the appropriate charges and for good cause shown,

may issue a special written permit authorizing the applicant to operate or move a

vehicle, mobile home, or modular unit of a size or weight exceeding the maximum

specified by this chapter, upon a highway under the jurisdiction of the body

granting the permit. A permit may designate the route to be traversed and may

contain other restrictions or conditions deemed necessary by the body granting

the permit. The permit must be carried in the vehicle to which it refers in printed

or electronic format and must be opened to inspection by a peace officer or agent

of the superintendent of the highway patrol unless prior approval is obtained from

the highway patrol. It is a violation of this chapter for a person to violate the terms

or conditions of the permit. The highway patrol and local authorities may adopt

rules governing the movement of oversize and overweight vehicles.

b. Each township in a county that participates in a uniform truck permitting system

for authorization of oversized or overweight vehicle movements shall participate

in the same system.

c. When fee changes are proposed, a uniform permit system shall provide public

notice of the date, hour, and place at which the public may comment on the

proposed fee changes.

d. Notwithstanding any other provision of this chapter, a city, county, or township

having control of roads may not impose additional fees for the use of roads

beyond the fees established under a uniform permit program. A city, county, or

township may issue a penalty to a person that violates a posted road restriction. If

a permit is denied, a person may receive an additional fee or condition from the

city, county, or township in exchange for authorization to move an oversized or

overweight vehicle on a road under the jurisdiction of the city, county, or township.

2. Upon an application for a permit to move a new manufactured building or modular unit

from outside this state to be located anywhere within this state, the manufacturer is

deemed to have certified that the new manufactured building or modular unit meets all

applicable building codes and all applicable electrical wiring and equipment, plumbing,

and fire standards. The state is not liable to a person for issuing a permit in violation of

this subsection.

3. An appropriate charge must be made for a permit and all funds collected hereunder by

the highway patrol must be deposited in the state highway fund for use in the

construction and maintenance of highways and operating expenses of the department.

Permit fees generated by a political subdivision must be deposited in the local

authority's general fund for support of the local road system. Publicly owned vehicles

that provide service beyond the agency's jurisdiction, official, publicly owned,

emergency, or military vehicles are not subject to charges for permits. The minimum

fee for selected charges is as follows:

a. The fee for the ten percent weight exemption, harvest and wintertime, is fifty

dollars per month for fees paid on a monthly basis or two hundred fifty dollars per

year for fees paid on a yearly basis. Unused fees paid on a monthly basis are

refundable. Unused fees paid on a yearly basis are not refundable.

b. The fee for an interstate permit is ten dollars per trip, fifty dollars per month for

fees paid on a monthly basis, or three hundred dollars for unlimited trips in an

annual period. 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.

c. The fee for special mobile equipment is twenty-five dollars per trip.

d. The fee for engineering is twenty-five dollars per trip.

e. The fee for faxing a permit is five dollars.

f. The fee for a single trip permit is twenty dollars per trip.

g. The fee for a bridge length permit is thirty dollars per trip, fifty dollars per month

for fees paid on a monthly basis, or one hundred fifty dollars for unlimited trips in

an annual period. 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.

h. The fee for a longer combination vehicle permit is one hundred dollars per month

for fees paid on a monthly basis.

i. The fee for an overwidth vehicle or load that is fourteen feet six inches

[4.42 meters] or less is twenty dollars per trip, fifty dollars per month for fees paid

on a monthly basis, or one hundred fifty dollars for unlimited trips in an annual

period. 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. The fee for a vehicle that is a noncommercial fishhouse trailer being

moved by the owner is twenty dollars per twelve-month period.

j. The fee for an overlength vehicle or load that is one hundred twenty feet [36.58

meters] or less is twenty dollars per trip, fifty dollars per month for fees paid on a

monthly basis, or one hundred fifty dollars for unlimited trips in an annual period.

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.

k. The highway patrol may establish an online electronic permit system. If the

highway patrol establishes an online electronic permit system, the highway patrol

shall assess an additional fee of up to fifteen dollars for every permit issued under

this section to be deposited into the motor carrier electronic permit transaction

fund.

4. The director of tax equalization of the county of destination must be furnished a copy

of the permit for the movement of an overdimensional mobile home.

5. Permits issued for overdimensional movements of vehicles not exceeding twelve feet

[3.66 meters] in total width, including load, are valid for travel during the day and night

with proper lighting. Permits issued for overdimensional movements of vehicles not

exceeding one hundred twenty feet [36.58 meters] in total length, including load, are

valid for travel during the day and night with proper lighting.

6. There is created in the state treasury a fund known as the motor carrier electronic

permit transaction fund. All money in the fund is appropriated on a continuing basis to

the highway patrol to defray the costs of establishing and maintaining an online

electronic permit system for permitting and routing oversize and overweight vehicles in

this state. The highway patrol may contract with a private entity to establish, operate,

and maintain an online electronic permit system. The online electronic permit system

includes the issuance of permits under this section and an automated routing system.

The automated routing system must include integration of department of transportation

traveler information system information, all other data required for the automated

routing system, and integration of the highway patrol computer-aided dispatch system.
N.D. Cent. Code § 39-06-38 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-38
39-06-38. No operation under foreign license during suspension or revocation in this state
Status: in_force

39-06-38. No operation under foreign license during suspension or revocation in this

state.

Any resident or nonresident whose operator's license in this state has been suspended or

revoked under this title may not operate a motor vehicle in this state under a license, permit, or

registration certificate issued by any other jurisdiction or otherwise during the suspension or

after the revocation until a new operator's license is obtained when and as permitted under this

title.
N.D. Cent. Code § 39-10-69 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-69
39-10-69. Charging violation and proving negligence in civil action
Status: in_force

39-10-69. Charging violation and proving negligence in civil action

1. In every charge of violation of any speed regulation, the complaint and the summons

or notice to appear must specify the speed at which the defendant is alleged to have

driven and also the maximum speed applicable within the district or at the location.

2. The provision in this title declaring maximum speed limitations may not be construed

to relieve the plaintiff in any action from the burden of proving negligence on the part of

the defendant as the proximate cause of the accident.
N.D. Cent. Code § 39-29.1-01 — ND Code / Title 39 / Chapter 39-29.1 / Section 39-29.1-01
39-29.1-01. Definitions
Status: in_force

39-29.1-01. Definitions

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

1. "Low-speed vehicle" means a four-wheeled vehicle that is able to attain a speed, upon

a paved level surface, of more than twenty miles [32 kilometers] per hour in one mile

[1.6 kilometers] and not more than twenty-five miles [40 kilometers] per hour in one

mile [1.6 kilometers] and may not exceed three thousand pounds [1361 kilograms] in

weight when fully loaded with passengers and any cargo.

2. "Operate" means to ride in or on and control the operation of a low-speed vehicle.

3. "Register" means the act of assigning a registration number to a low-speed vehicle.
N.D. Cent. Code § 39-04-10.3 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-10.3
39-04-10.3. Personalized plates
Status: in_force

39-04-10.3. Personalized plates

At the request of a registrant, the department may provide special license plates marked

with not more than seven numerals, letters, or combinations of numerals and letters, upon

application for a special license plate and payment of an additional fee of twenty-five dollars

per registration period, unless the plate is a gold star license plate, military sacrifice license

plate, or a prisoner of war license plate, then there is no additional charge. A personal plate

containing a restricted character may not be renewed. The department shall make the special

license plates authorized by this section available for motor vehicles registered under section

39-04-10.6, trailers, travel trailers, and motorcycles. The fee for the special license plates issued

under this section for vehicles registered under section 39-04-10.6 is a one-time fee of one

hundred dollars. The special license plates for motorcycles may contain not more than

six numerals, letters, or a combination of not more than six numerals and letters. In the event of

sale or transfer of the vehicle, the owner shall remove the special license plates in accordance

with section 39-04-36. Upon payment of the applicable transfer fee, the special license plates

may be transferred to a replacement motor vehicle.
N.D. Cent. Code § 39-24-04 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-04
39-24-04. Exemption from registration - Exemption from fees
Status: in_force

39-24-04. Exemption from registration - Exemption from fees

1. A registration number must be issued without the payment of a fee for snowmobiles

owned by the state of North Dakota or any of its political subdivisions upon application

for the registration.

2. No registration or fees may be required of:

a. Snowmobiles owned and used by the United States or another state or its

political subdivisions.

b. Snowmobiles registered in a country other than the United States and temporarily

used within this state.

c. Snowmobiles validly licensed in another state and which have not been within

this state for more than thirty consecutive days.

d. Snowmobiles operated upon lands owned or leased by the snowmobile owner.

e. Snowmobiles incapable of speeds in excess of ten miles per hour and with an

engine displacement of less than one hundred cubic centimeters.

f. Collector snowmobiles. The director may issue a special permit to a person to

operate in a parade; organized group outings, including races, rallies, or other

promotional events; and for up to ten days each year for personal transportation.

The director may impose a reasonable restriction of a permittee and may revoke,

amend, suspend, or modify a permit for cause.

3. If a snowmobile is exempt from registration under subdivision b or c of subsection 2,

the owner is required to purchase an out-of-state public trails and lands access permit

received upon payment of a twenty-five dollar per year fee.

a. The permit must be displayed on the snowmobile when the snowmobile is

operated on public lands within the state.

b. For up to five business days after purchasing an out-of-state public trails and

lands access permit, an online receipt or printed receipt may be presented in lieu

of the official permit until the official permit is received.

c. Dealers or other agents authorized by the director of the parks and recreation

department that sell out-of-state public trails and lands access permits may retain

one dollar of the twenty-five dollar per year fee and the remainder of the fees

collected under this subsection must be deposited in the state snowmobile fund.
N.D. Cent. Code § 39-27-15 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-15
39-27-15. Horn
Status: in_force

39-27-15. Horn

Every motorcycle must be equipped with an operative horn in good working order as

described by subsection 1 of section 39-21-36. The horn must operate from a control device

located on the left handlebar.
N.D. Cent. Code § 39-19-04 — ND Code / Title 39 / Chapter 39-19 / Section 39-19-04
39-19-04. International registration plan - Multistate reciprocal agreement - Change of state agency
Status: in_force

39-19-04. International registration plan - Multistate reciprocal agreement - Change of

state agency.

The department, or the designated agency of the department acting directly or through the

department, which has joined the international registration plan and multistate reciprocal

agreement shall transfer such membership to the department. The department is authorized to

expend the necessary fees required for membership. The provisions of the international

registration plan, including any amendment to the plan, as agreed to by the department, are

applicable to those vehicles engaged in interstate travel which are apportioned in North Dakota.

The department may enforce and collect all penalties and fines allowed by the provisions of the

international registration plan.
N.D. Cent. Code § 39-24-03.1 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-03.1
39-24-03.1. Snowmobile safety fees
Status: in_force

39-24-03.1. Snowmobile safety fees

Upon the sale of a new or used snowmobile and in addition to other fees and taxes imposed

under section 39-24-03, a dealer shall collect a five dollar safety fee from the buyer. Within

fifteen days after the end of each calendar quarter, the dealer shall file a report with the parks

and recreation department which discloses the number of snowmobiles sold during that

calendar quarter and includes fees collected from the buyer. Fees imposed under this section

must be deposited in the state snowmobile fund established under section 39-24-05. The parks

and recreation department may use these funds solely for snowmobile safety education and

promotion. The parks and recreation department shall report to the director within thirty days of

the end of each calendar quarter the motor-powered recreational vehicle dealers that submitted

a safety fee report and the number of vehicles sold, and shall identify every dealer not collecting

or transmitting snowmobile safety fees.
N.D. Cent. Code § 39-03.1-05 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-05
39-03.1-05. Deposit of contributions - Appropriation
Status: in_force

39-03.1-05. Deposit of contributions - Appropriation

All moneys of the fund, including employers' contributions, contributors' contributions,

grants, donations, legacies, and devises for the benefit of the fund, must be deposited in the

public employees retirement fund account with the Bank of North Dakota. All of these moneys,

not otherwise appropriated, are appropriated for the purpose of making investments for the fund

and to make payments to beneficiaries under the program.
N.D. Cent. Code § 39-10-33.2 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-33.2
39-10-33.2. Pedestrian to yield to authorized emergency vehicles
Status: in_force

39-10-33.2. Pedestrian to yield to authorized emergency vehicles

1. Upon the immediate approach of an authorized emergency vehicle making use of an

audible signal by bell, siren, or exhaust whistle and displaying a visible flashing,

revolving, or rotating blue, white, or red light, every pedestrian shall yield the right of

way to the authorized emergency vehicle.

2. This section does not relieve the driver of an authorized emergency vehicle from the

duty to drive with due regard for the safety of all persons using the highway nor from

the duty to exercise due care to avoid colliding with any pedestrian.
N.D. Cent. Code § 39-12-20 — ND Code / Title 39 / Chapter 39-12 / Section 39-12-20
39-12-20. Proceeds of sale - Continuing appropriation
Status: in_force

39-12-20. Proceeds of sale - Continuing appropriation

The proceeds of sale must be deposited with the state treasurer. For a violation on an

interstate or a state highway, the state treasurer shall deposit in the state highway fund an

amount equal to the amount of the charges assessed under section 39-12-17 after paying the

costs to the county. For any violation, an amount equal to the costs of the proceedings,

including attorney's and witness fees and costs, is appropriated on a continuing basis out of the

funds collected to the county of prosecution for the purpose of defraying the costs of

prosecution. From the proceeds of sale for a violation that did not occur on an interstate or a

state highway, the amount of charges assessed under section 39-12-17 is appropriated on a

continuing basis and must be deposited in the general fund in the jurisdiction in which the

violation occurred and must be used for the support of the road system of that jurisdiction. The

balance of the proceeds of any sale after the payment of costs and charges is appropriated on a

continuing basis out of the funds collected to be paid to the person entitled to the proceeds as

determined by the court or must be deposited with the clerk of court for payment to that person.
N.D. Cent. Code § 39-05-30 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-30
39-05-30. Fees and revenues collected placed in highway tax distribution fund - Payment of salaries and expenses
Status: in_force

39-05-30. Fees and revenues collected placed in highway tax distribution fund -

Payment of salaries and expenses.

All fees and revenues received by the director under the provisions of this chapter must be

deposited by the director in the state treasury. Such moneys must be placed in the highway tax

distribution fund. All salaries and other expenses incurred in connection with the provisions of

this chapter must be paid out of the motor vehicle registration fund in the manner provided by

law for the disbursement of said fund.
N.D. Cent. Code § 39-06-32.1 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-32.1
39-06-32.1. Suspension of child's driving privileges
Status: in_force

39-06-32.1. Suspension of child's driving privileges

Upon receipt of a copy of an order of a juvenile court ordering the suspension of a child

operator's license, the director shall suspend the operator's license and make notation of the

length of time of the suspension. During the time of the suspension, an application for a class D

instruction permit may not be accepted from the child. For purposes of this section, "child" is

defined by section 27-20.4-02.
N.D. Cent. Code § 39-21-27.1 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-27.1
39-21-27.1. Schoolbus standards - Equipment and color regulations
Status: in_force

39-21-27.1. Schoolbus standards - Equipment and color regulations

Only motor vehicles which have been designed by the manufacturer for the purpose of

carrying passengers may be used as schoolbuses. The superintendent of public instruction may

adopt reasonable regulations, consistent with the provisions of this chapter, relating to the

construction, design, operation, equipment, and color of schoolbuses and shall prepare and

publish standards for North Dakota schoolbuses which must set forth the regulations. The

superintendent of public instruction may issue an order prohibiting the operation on public

streets, highways, and elsewhere of any schoolbus which does not comply with the regulations,

and school districts operating buses which do not meet the regulations will not be eligible to

receive state reimbursement for vehicular transportation. If a schoolbus is purchased for a

purpose or purposes other than the public transport of schoolchildren, the purchaser shall

change the color of the vehicle and deactivate or remove the warning signal lights and the stop

sign on the control arm.

Highway patrol officers and all peace officers are authorized to make necessary

investigations relating to compliance with the regulations adopted by the superintendent of

public instruction and to make reports of their findings to the office of the superintendent of

public instruction.
N.D. Cent. Code § 39-10-20 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-20
39-10-20. Restricted access
Status: in_force

39-10-20. Restricted access

No person may drive a vehicle onto or from any controlled-access roadway except at such

entrances and exits as are established by public authority.
N.D. Cent. Code § 39-28-01 — ND Code / Title 39 / Chapter 39-28 / Section 39-28-01
39-28-01. Additional fees for motorized bicycle and motorcycle registration
Status: in_force

39-28-01. Additional fees for motorized bicycle and motorcycle registration

In addition to the fees required by section 39-04-19 for motorized bicycle and motorcycle

registration, a motorcycle safety education fee of ten dollars is required at the time of

registration of each motorized bicycle and motorcycle.
N.D. Cent. Code § 39-13-03 — ND Code / Title 39 / Chapter 39-13 / Section 39-13-03
39-13-03. Local parking regulations not enforceable where sign illegible or not in proper position
Status: in_force

39-13-03. Local parking regulations not enforceable where sign illegible or not in

proper position.

Local parking and other special regulations are not enforceable against an alleged violator

if, at the time and place of the alleged violation, an appropriate sign giving notice thereof is not

in proper position and sufficiently legible to be seen by an ordinarily observant person.
N.D. Cent. Code § 39-25-05 — ND Code / Title 39 / Chapter 39-25 / Section 39-25-05
39-25-05. Expiration and renewal of licenses - Fees
Status: in_force

39-25-05. Expiration and renewal of licenses - Fees

A license expires on the last day of the calendar year and may be renewed upon application

to the director as prescribed by the director's regulations. Each application for an original or

renewal school license must be accompanied by a fee of twenty-five dollars, and each

application for an original or renewal instructor's license must be accompanied by a fee of ten

dollars. These fees must be deposited in the state treasury in the state highway fund. License

fees may not be refunded in the event any license is rejected, suspended, or revoked.
N.D. Cent. Code § 39-03-18.1 — ND Code / Title 39 / Chapter 39-03 / Section 39-03-18.1
39-03-18.1. Highway patrol - Federal assets forfeiture fund - Continuing appropriation
Status: in_force

39-03-18.1. Highway patrol - Federal assets forfeiture fund - Continuing appropriation

There is created in the state treasury the highway patrol federal assets forfeiture fund. The

fund consists of moneys received through federal asset forfeiture sharing programs. Funds

received through federal sharing programs may not be deposited in the same account as assets

forfeited pursuant to section 39-03-18. Up to three hundred thousand dollars are appropriated

from the fund on a continuing basis each biennium to the highway patrol. Funding may be used

only for eligible purchases identified by the federal department of justice and federal department

of treasury. The superintendent, with the concurrence of the director of the office of

management and budget, shall establish the necessary accounting procedures in accordance

with the federal asset sharing program for the use of the fund. All expenditures of moneys in the

fund must be approved by the superintendent.
N.D. Cent. Code § 39-29-09 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-09
39-29-09. Operation of off-highway vehicles
Status: in_force

39-29-09. Operation of off-highway vehicles

1. An individual may not operate an off-highway vehicle on the roadway, shoulder, or

inside bank or slope of any road, street, or highway except as provided in this chapter.

Except in emergencies, an individual may not operate an off-highway vehicle within the

right of way of any controlled-access highway. An individual may operate a registered

off-highway vehicle on a gravel, dirt, or loose surface roadway. An individual may

operate a registered off-highway vehicle on a paved highway designated and posted at

a speed not exceeding fifty-five miles [88.51 kilometers] per hour. A licensed driver

over sixteen years of age may operate a registered class III off-highway vehicle on a

paved highway designated and posted at a speed not exceeding sixty-five miles

[104.61 kilometers] per hour. An individual may not operate an off-highway vehicle on

a paved highway if the vehicle is unable to attain a speed, on a paved level surface, of

at least thirty miles [48.28 kilometers] per hour.

2. The operator of an off-highway vehicle may make a direct crossing of a street or

highway only if:

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

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

crossing;

b. The off-highway vehicle is brought to a complete stop before crossing the

shoulder or main traveled way of the highway;

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

immediate hazard; and

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

highway with another public street or highway.

3. Unless an individual is operating a class I off-highway vehicle, an individual may not

operate an off-highway vehicle unless it is equipped with at least one headlamp, one

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

rule of the director, except when under the direct supervision of an off-highway vehicle

instructor teaching a certified off-highway vehicle safety training course, the

requirement for a headlamp and taillamp may be waived.

4. The emergency conditions under which an off-highway vehicle may be operated other

than as provided by this chapter are only those that render the use of an automobile

impractical under the conditions and at the time and location in question.

5. An individual may not operate an off-highway vehicle in the following ways, which are

declared to be unsafe and a public nuisance:

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

circumstances.

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

property of another or to cause injury or damage to another person or the

property of another person.

c. While under the influence of intoxicating liquor or a controlled substance.

d. Without a lighted headlamp and taillamp except when used by an off-highway

vehicle instructor during a certified off-highway vehicle safety training course.

e. In any tree nursery or planting in a manner that damages growing stock.

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

connected to the off-highway vehicle's exhaust system.

g. On any private land where the private land is posted prohibiting trespassing. The

name and address of the person posting the land and the date of posting must

appear on each sign in legible characters. The posted signs must be readable

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

eight hundred eighty yards [804.68 meters] apart. Land entirely enclosed by a

fence or other enclosure is sufficiently posted by posting of these signs at or on

all gates through the fence or enclosure.

6. Except as provided in section 39-29-10, an individual may not operate an off-highway

vehicle without having in possession a valid driver's license or permit.

7. When an off-highway vehicle is operated within the right of way of any road, street, or

highway, during times or conditions that warrant the use of lights by other motor

vehicles, the off-highway vehicle must be operated in the same direction as the

direction of other motor vehicles traveling on the side of the roadway immediately

adjacent to the side of the right of way traveled by the off-highway vehicle.

8. An individual may not operate an off-highway vehicle within the right of way of any

highway while towing a sled, skid, or other vehicle, unless the object towed is

connected to the off-highway vehicle by a hinged swivel and secure hitch.

9. An individual under the age of eighteen years may not operate, ride, or otherwise be

propelled on an off-highway vehicle unless the person wears a safety helmet meeting

United States department of transportation standards.

10. An operator of an off-highway vehicle may not carry a passenger while operating the

vehicle unless the off-highway vehicle is equipped and recommended by the

manufacturer to carry a passenger and the passenger is carried as recommended by

the manufacturer.

11. Unless otherwise provided by law, an off-highway vehicle may be operated on an

aggregate road surface only when designated as part of an active off-highway vehicle

trail by the managing entity.

12. A person who is performing pest control or survey work for a political subdivision may

operate an all-terrain vehicle on the bottom, backslope, inside slope, and shoulder of a

highway other than a controlled-access highway.
N.D. Cent. Code § 39-20-03.2 — ND Code / Title 39 / Chapter 39-20 / Section 39-20-03.2
39-20-03.2. Action following test result or on refusing test by nonresident operator
Status: in_force

39-20-03.2. Action following test result or on refusing test by nonresident operator

If a person licensed in another state refuses in this state to submit to a test provided under

section 39-20-01 or 39-20-14, or who submits to a test under section 39-20-01 or 39-20-02 and

the test results show the person to have an alcohol concentration of at least eight

one-hundredths of one percent by weight or, with respect to a person under twenty-one years of

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

time of performance of a test within two hours after driving or being in physical control of a

motor vehicle, the following procedures apply:

1. Without taking possession of the person's out-of-state operator's license, the law

enforcement officer shall issue to the person a notification of the test results and a

temporary operator's permit extending nonresident operating privileges in this state for

twenty-five days from the date of issuance or until earlier terminated by the decision of

a hearing officer under section 39-20-05. The temporary permit must be signed and

dated by the officer and serves as the director's official notification to the person of the

director's intent to revoke, suspend, or deny driving privileges in this state, and of the

hearing procedures under this chapter.

2. If the test was administered by urine sample or by drawing blood, the law enforcement

officer, on reviewing the alcohol concentration analysis showing the individual had an

alcohol concentration of at least eight one-hundredths of one percent by weight or,

with respect to an individual under twenty-one years of age, an alcohol concentration

of at least two one-hundredths of one percent by weight, shall mail or issue to the

individual a notification of the test results, a temporary operator's permit extending

nonresident operating privileges in this state for twenty-five days from the date of

mailing or issuance or until earlier terminated by the decision of a hearing officer under

section 39-20-05, and notice of the intent to revoke, suspend, or deny driving

privileges in this state, together with the notice provided under section 39-06.1-07 of

the procedures available under this chapter. The temporary operator's permit must be

signed and dated by the officer. The third day after the mailing of the temporary

operator's permit is considered the date of issuance.

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

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

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

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

all tests administered at the direction of the officer. If the individual was issued a

temporary operator's permit because of the individual's refusal to submit to a test

under sections 39-20-01 and 39-20-14, the report must include information as

provided in section 39-20-04. If the individual was issued a temporary operator's

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

reasonable grounds to believe the individual had been driving or was in actual physical

control of a motor vehicle while in violation of section 39-08-01, or equivalent

ordinance, that the individual was lawfully arrested, that the individual was tested for

alcohol concentration under this chapter, and that the results of the test show that the

individual had an alcohol concentration of at least eight one-hundredths of one percent

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

concentration of at least two one-hundredths of one percent by weight.
N.D. Cent. Code § 39-09-05 — ND Code / Title 39 / Chapter 39-09 / Section 39-09-05
39-09-05. Driving vehicle upon bridge, causeway, or viaduct at greater than maximum speed prohibited
Status: repealed

39-09-05. Driving vehicle upon bridge, causeway, or viaduct at greater than maximum

speed prohibited.

Repealed by S.L. 1975, ch. 348, § 17.
N.D. Cent. Code § 39-03.1-21 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-21
39-03.1-21. Payments in case of death
Status: repealed

39-03.1-21. Payments in case of death

Repealed by S.L. 1987, ch. 444, § 8.
N.D. Cent. Code § 39-24.1-12 — ND Code / Title 39 / Chapter 39-24.1 / Section 39-24.1-12
39-24.1-12. Operation of snowmobile during period of prohibition - Penalty
Status: in_force

39-24.1-12. Operation of snowmobile during period of prohibition - Penalty

Any person who operates a snowmobile on any public land or private land with public

access during the period the person is prohibited from operating a snowmobile under this

chapter is guilty of a class A misdemeanor.
N.D. Cent. Code § 39-16-37 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-37
39-16-37. Effective date
Status: repealed

39-16-37. Effective date

Repealed by omission from this code.
N.D. Cent. Code § 39-29-03 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-03
39-29-03. Registration - Application - Issuance - Fees - Renewal
Status: in_force

39-29-03. Registration - Application - Issuance - Fees - Renewal

1. Application for registration must be made to the department of transportation in the

form the department prescribes and furnishes. The registration must state the name

and address of every owner of the off-highway vehicle and 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.

2. On receipt of an application and the appropriate fee, the department shall register the

off-highway vehicle and assign a registration number and a certificate of registration. In

addition, the department shall issue a decal made of reflectorized material which

contains the registration number or the department shall issue one distinctive number

plate upon the request of the owner. The operator of an off-highway vehicle shall

securely affix and display the decal or the plate in a position as to provide clear

legibility for identification. The certificate of registration must include information

regarding the make, year, serial number, and name and address of the owner.

3. The fee for registration of each off-highway vehicle is five dollars for a registration

period of two years. For a duplicate or replacement registration number or registration

card which is lost, mutilated, or becomes illegible, the department may charge a fee of

not more than five dollars. For each off-highway vehicle registered under this chapter,

there is an off-highway vehicle trail tax of fifteen dollars.

4. The owner of an off-highway vehicle shall renew the registration in the manner the

department prescribes and pay the registration fees and applicable tax provided in

subsection 3.

5. On application for registration as prescribed in subsection 2, and on payment of the

amounts prescribed in subsection 3, an off-highway vehicle dealer is entitled to be

issued registration numbers distinctively marked as dealer's registration numbers. The

dealer's registration numbers may be used only on off-highway vehicles owned by the

dealership.
N.D. Cent. Code § 39-24-02 — ND Code / Title 39 / Chapter 39-24 / Section 39-24-02
39-24-02. Snowmobile registration - Title certificate - General requirements
Status: in_force

39-24-02. Snowmobile registration - Title certificate - General requirements

Except as hereinafter provided, no person may operate any snowmobile unless the

snowmobile has been registered in accordance with the provisions of this chapter.

Any snowmobile purchased after July 1, 1973, must be titled under the provisions of chapter

39-05 in order to be operated under the provisions of this section. Any snowmobile purchased

prior to July 1, 1973, may be titled under the provisions of chapter 39-05.
N.D. Cent. Code § 39-08-25 — ND Code / Title 39 / Chapter 39-08 / Section 39-08-25
39-08-25. Failure to maintain control
Status: in_force

39-08-25. Failure to maintain control

1. An operator of a motor vehicle may not fail to maintain control of that motor vehicle. An

individual is in violation of this section if that individual:

a. Commits an offense under this title and, at the time of the offense, the individual

was engaged in the operation of a motor vehicle while distracted; or

b. Is determined to have been the operator of a motor vehicle that was involved in a

reportable accident as defined in section 39-08-09 which resulted in property

damage and, at the time the reportable accident occurred, the individual was

engaged in the operation of a motor vehicle while distracted.

2. An individual may be issued a citation or summons for any other traffic offense that

was committed by the individual in relation to the individual's commission of the traffic

offense of failure to maintain control of a motor vehicle.

3. As used in this section, "operation of a motor vehicle while distracted" means the

operation of a motor vehicle by an individual who, while operating the vehicle, is

engaged in an activity that:

a. Is not necessary to the operation of the vehicle; and

b. Actually impairs, or would reasonably be expected to impair, the ability of the

individual to safely operate the vehicle.
N.D. Cent. Code § 39-04-28 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-28
39-04-28. Motor vehicle and motorcycle dealers licenses - Fees - Additional number plates
Status: repealed

39-04-28. Motor vehicle and motorcycle dealers licenses - Fees - Additional number

plates.

Repealed by S.L. 1963, ch. 285, § 14.
N.D. Cent. Code § 39-05-34 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-34
39-05-34. Penalty for felony
Status: repealed

39-05-34. Penalty for felony

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 39-06-30 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-30
39-06-30. Conviction - Meaning and effect
Status: repealed

39-06-30. Conviction - Meaning and effect

Repealed by S.L. 2013, ch. 291, § 62.
N.D. Cent. Code § 39-02-04 — ND Code / Title 39 / Chapter 39-02 / Section 39-02-04
39-02-04. Office of registrar open for licenses and information - Time
Status: repealed

39-02-04. Office of registrar open for licenses and information - Time

Repealed by S.L. 1989, ch. 72, § 25.
N.D. Cent. Code § 39-03.1-17 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-17
39-03.1-17. Severance allowance
Status: repealed

39-03.1-17. Severance allowance

Repealed by S.L. 1987, ch. 444, § 8.
N.D. Cent. Code § 39-04-53 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-53
39-04-53. Noncompliance - Effect
Status: repealed

39-04-53. Noncompliance - Effect

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-05-32 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-32
39-05-32. Officers to enforce provisions of chapter
Status: in_force

39-05-32. Officers to enforce provisions of chapter

The highway patrol and all other road or police officers shall enforce the provisions of this

chapter.
N.D. Cent. Code § 39-30-06 — ND Code / Title 39 / Chapter 39-30 / Section 39-30-06
39-30-06. Venue
Status: in_force

39-30-06. Venue

A criminal prosecution for any violation may be commenced in any county without regard to

place of occurrence.