N.D. Cent. Code § 39-06.1-15 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-15
39-06.1-15. Diplomatic immunities and privileges
Status: in_force

39-06.1-15. Diplomatic immunities and privileges

1. This section applies only to an individual who displays an operator's license issued by

the United States department of state to a police officer or who otherwise claims

immunities or privileges under chapter 6 of title 22 of the United States Code with

respect to the individual's violation of any law or ordinance that relates to the operation

of a motor vehicle.

2. If a driver who is subject to this section is stopped by a police officer who has probable

cause to believe that the driver has committed a violation, the police officer shall

record all relevant information from any operator's license or identification card,

including an operator's license or identification card issued by the United States

department of state; as soon as practicable contact the United States department of

state office in order to verify the driver's status and immunity, if any; and forward the

following to the bureau of diplomatic security office of foreign missions of the United

States department of state:

a. A vehicle accident report, if the driver was involved in a vehicle accident;

b. A copy of the citation or other charging document if a citation or other charging

document was issued to the driver; and

c. A written report of the incident if a citation or other charging document was not

issued to the driver.

3. This section does not prohibit or limit the application of any law to a criminal or motor

vehicle violation by an individual who has or claims immunities or privileges under

title 22 of the United States Code.
N.D. Cent. Code § 39-04-47 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-47
39-04-47. Driveaway transporter registration - Display
Status: repealed

39-04-47. Driveaway transporter registration - Display

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-33-09 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-09
39-33-09. Regulations and waiver procedure
Status: in_force

39-33-09. Regulations and waiver procedure

Upon receiving a request for personal information that is not subject to disclosure in

accordance with the exception provisions of sections 39-33-03, 39-33-04, and 39-33-05, the

department may mail a copy of the request to each individual who is the subject of the

information, informing the individual of the request, together with a statement to the effect that

disclosure is prohibited and will not be made unless the individual affirmatively elects to waive

the individual's rights to privacy under this chapter.
N.D. Cent. Code § 39-05-20.4 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-20.4
39-05-20.4. Titles for salvage and junk motor vehicles - Rules - Penalty
Status: in_force

39-05-20.4. Titles for salvage and junk motor vehicles - Rules - Penalty

The department may adopt rules defining salvage and junk motor vehicles and governing

the manner and circumstances under which certificates of title for such a motor vehicle may be

required. The rules must describe the facts and circumstances under which a person must

receive from the department a salvage certificate of title or a junk certificate of title for a motor

vehicle. A person who violates a rule adopted pursuant to this section is guilty of a class A

misdemeanor.
N.D. Cent. Code § 39-22.1-06 — ND Code / Title 39 / Chapter 39-22.1 / Section 39-22.1-06
39-22.1-06. Penalty
Status: in_force

39-22.1-06. Penalty

Any person who violates this chapter is guilty of a class B misdemeanor.
N.D. Cent. Code § 39-10-62 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-62
39-10-62. Riding on roadways and bicycle paths
Status: repealed

39-10-62. Riding on roadways and bicycle paths

Repealed by S.L. 1975, ch. 348, § 17.
N.D. Cent. Code § 39-10.3-04 — ND Code / Title 39 / Chapter 39-10.3 / Section 39-10.3-04
39-10.3-04. Exemption from fees
Status: in_force

39-10.3-04. Exemption from fees

Payment of fees is not required of an experimental vehicle owned and used by the United

States, a state or any of its agencies, institutions, or political subdivisions; an experimental

vehicle registered in a foreign country and temporarily used in this state; or an experimental

vehicle validly licensed in another state and which has not been in this state for more than thirty

consecutive days.
N.D. Cent. Code § 39-10-50 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-50
39-10-50. Additional parking regulations
Status: in_force

39-10-50. Additional parking regulations

1. Except as otherwise provided in this section, every vehicle stopped or parked upon a

two-way roadway must be so stopped or parked with the right-hand wheels of such

vehicle parallel to and within twelve inches [30.48 centimeters] of the right-hand curb

or as close as practicable to the right edge of the right-hand shoulder.

2. Except where otherwise provided by local ordinance, every vehicle stopped or parked

upon a one-way roadway must be so stopped or parked parallel to the curb or edge of

the roadway, in the direction of authorized traffic movement, with its right-hand wheels

within twelve inches [30.48 centimeters] of the right-hand curb or as close as

practicable to the right edge of the right-hand shoulder, or with its left-hand wheels

within twelve inches [30.48 centimeters] of the left-hand curb or as close as practicable

to the left edge of the left-hand shoulder.

3. Local authorities may by ordinance permit angle parking on any roadway, except that

angle parking is not permitted on any federal-aid or state highway without first

obtaining the written authorization of the director.

4. The department with respect to highways under its jurisdiction may place official

traffic-control devices prohibiting or restricting the stopping, standing, or parking of

vehicles on any highway where in its opinion such stopping, standing, or parking is

dangerous to those using the highway or where the stopping, standing, or parking of

vehicles would unduly interfere with the free movement of traffic thereon. No person

may stop, stand, or park any vehicle in violation of the restrictions indicated by such

devices.

5. The department, with respect to streets, roadways, and parking areas of any state

charitable or penal institution and on the state capitol grounds, may authorize the

purchase and placement by the supervisory agency of official traffic-control devices

prohibiting or restricting the stopping, standing, or parking of vehicles. The placement

of signs pursuant to this section must be done when, in the department's opinion, the

stopping, standing, or parking is dangerous or would unduly interfere with the free

movement of traffic, especially the free flow of traffic required for proper fire protection.

No person may stop, stand, or park any vehicle in violation of the restriction indicated

by any official traffic-control device. Any registered owner must be presumed to have

been the operator of a vehicle that is parked in violation of any official traffic-control

device prohibiting or restricting the stopping, standing, or parking of vehicles on any

highway, state charitable or penal institution property, or on the state capitol grounds.

This presumption may be rebutted by a showing of clear and convincing evidence to

the contrary. However, no traffic citation may be issued for a violation of this

subsection occurring on the state capitol grounds during a legislative session, except

that a written warning must be placed on any vehicle for such a violation.
N.D. Cent. Code § 39-03.1-14 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-14
39-03.1-14. Optional retirement allowance
Status: repealed

39-03.1-14. Optional retirement allowance

Repealed by S.L. 1987, ch. 444, § 8.
N.D. Cent. Code § 39-06.1-13 — ND Code / Title 39 / Chapter 39-06.1 / Section 39-06.1-13
39-06.1-13. Reduction of point total - Other methods
Status: in_force

39-06.1-13. Reduction of point total - Other methods

1. The director shall reduce the point total shown on any licensee's driving record by one

point for each three-month period during which points are not recorded against the

licensee's driving record for a moving violation or a violation listed in paragraphs 12

through 16 of subdivision a of subsection 3 of section 39-06.1-10. The three-month

period must be calculated from the date of entry of the last points against that

licensee's driving record.

2. The point total shown on a licensee's driving record must, during any twelve-month

period, be reduced by three points when the licensee mails or delivers a certificate to

the director indicating successful completion of instruction in a driver training course

approved by the director. Successful completion of instruction must be certified to by

the sponsoring agency or organization of the driver training course. The reduction in

points under this subsection must be solely from a point total accumulated before

completion of the necessary hours of driver training instruction, and may not exceed

nine points during any three-year period commencing on the date of entry of the last

points against the individual's driving record. If on the date the director receives the

certificate of completion of the driver training course from the licensee, that licensee's

driving record contains twelve or more points or, as a minor, the licensee's driving

record contains six points or more, the point reduction under this subsection must be

applied after serving the period of suspension or cancellation required by the number

of points on the licensee's record.
N.D. Cent. Code § 39-28-05 — ND Code / Title 39 / Chapter 39-28 / Section 39-28-05
39-28-05. Disposition of fees
Status: in_force

39-28-05. Disposition of fees

Any fee collected pursuant to this chapter must be deposited by the director with the state

treasurer and credited to a special motorcycle safety education fund in the state treasury.
N.D. Cent. Code § 39-18-03 — ND Code / Title 39 / Chapter 39-18 / Section 39-18-03
39-18-03. Titling and licensing of mobile homes, housetrailers, and travel trailers - License fee
Status: in_force

39-18-03. Titling and licensing of mobile homes, housetrailers, and travel trailers -

License fee.

The owner of a travel trailer, housetrailer, or mobile home, who sells or transfers the title to

such vehicle shall endorse an assignment and warranty of title upon the certificate of title for

such vehicle, along with a statement as to whether there are liens or encumbrances thereon.

The owner shall deliver the certificate of title to the purchaser within fifteen days after such sale

if title passes to the purchaser. If the legal title does not pass to the purchaser under the

contract for sale of the vehicle, the legal title owner shall endorse thereon a statement that the

owner holds the lien, the date thereof, and the name of the purchaser, and shall send the

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

title showing the name of the legal owner, the registered owner, the date of the lien of the legal

owner, which certificate of title when issued must be returned by the department to the legal title

owner; who shall retain the same in the owner's possession until the terms of the contract are

complied with by the purchaser, and thereupon, after showing that the lien has been paid and

satisfied the owner shall deliver the certificate of title properly assigned to the purchaser. The

purchaser or transferee shall present the endorsed and assigned certificate to the department,

within thirty days after the receipt thereof, accompanied by a transfer fee of five dollars, and

shall make an application for and obtain a new certificate of title for such vehicle. A penalty of

not more than ten dollars may be imposed by the director for failure to present the certificate of

title to the department as required by this section. Except when transported by a drive-away

transporter duly registered and licensed under the laws of this state, no person may haul a

mobile home, housetrailer, or travel trailer unless the same is first registered with and titled by

the department, a certificate of title has been issued, and it displays a number plate issued by

and under such regulations as the director may prescribe. The annual fee for such licensing is

twenty dollars for mobile homes and housetrailers and twenty dollars for travel trailers.

The registration required hereunder must be on a calendar-year basis.

If such mobile home, housetrailer, or travel trailer enters the state carrying the current

number plate of another state, no number plates may be required by the state of North Dakota

for a period of thirty days.

The annual license fee provided for in this section does not preclude the taxation of certain

mobile homes pursuant to chapter 57-55.

If such mobile home, housetrailer, or travel trailer remains stationary or parked within the

state of North Dakota for a period of one year, no license may be required for that year, provided

that nothing in this chapter permits the use of a dealer's plate on such mobile home,

housetrailer, or travel trailer after the same has been sold by the dealer to whom such plate was

issued.
N.D. Cent. Code § 39-27-09 — ND Code / Title 39 / Chapter 39-27 / Section 39-27-09
39-27-09. Mirror
Status: in_force

39-27-09. Mirror

Every motorcycle must be equipped with at least one mirror of unit magnification, securely

affixed to the handlebar and capable of adjustment within a range that will reflect an image that

includes at least the horizon and the road surface to the rear of the motorcycle. Such mirror

must consist of a minimum reflective surface of ten square inches [64.52 square centimeters].

All mirrors shall not contain sharp edges or projections capable of producing injury.
N.D. Cent. Code § 39-10-14 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-14
39-10-14. Further limitations on driving on left of center of roadway
Status: in_force

39-10-14. Further limitations on driving on left of center of roadway

1. No vehicle may be driven to the left side of the roadway under any of the following

conditions:

a. When approaching or upon the crest of a grade or a curve in the highway where

the driver's view is obstructed within such distance as to create a hazard in the

event another vehicle might approach from the opposite direction.

b. When approaching within one hundred feet [30.48 meters] of or traversing any

intersection or railroad grade crossing.

c. When the view is obstructed upon approaching within one hundred feet [30.48

meters] of any bridge, viaduct, or tunnel.

2. The foregoing limitations do not apply upon a one-way roadway, nor under the

conditions described in section 39-10-08, nor to the driver of a vehicle turning left into

or from an alley, private road, or driveway.
N.D. Cent. Code § 39-04-19.2 — ND Code / Title 39 / Chapter 39-04 / Section 39-04-19.2
39-04-19.2. Electric and plug-in hybrid vehicle road use fee - Definitions
Status: in_force

39-04-19.2. Electric and plug-in hybrid vehicle road use fee - Definitions

1. In addition to all other fees required under this chapter for registration of a motor

vehicle, the department shall collect at the beginning of each annual registration

period:

a. An electric vehicle road use fee of one hundred twenty dollars for each electric

vehicle registered.

b. A plug-in hybrid vehicle road use fee of fifty dollars for each plug-in hybrid vehicle

registered.

c. An electric motorcycle road use fee of twenty dollars for each electric motorcycle

registered.

2. As used in this section:

a. "Electric motorcycle" means a motor vehicle that has a seat or saddle for the use

of the rider, is designed to travel on not more than three wheels in contact with

the ground, and is propelled by an electric motor powered by a battery or other

electric device incorporated into the vehicle and not propelled by an engine

powered by the combustion of a hydrocarbon fuel, including gasoline, diesel,

propane, or liquid natural gas.

b. "Electric vehicle" means a vehicle propelled by an electric motor powered by a

battery or other electric device incorporated into the vehicle and not propelled by

an engine powered by the combustion of a hydrocarbon fuel, including gasoline,

diesel, propane, or liquid natural gas.

c. "Plug-in hybrid vehicle" means a vehicle drawing propulsion energy from an

internal combustion engine, an energy storage device, and a receptacle to accept

grid electricity.

3. The department shall deposit any moneys collected under this section into the

highway tax distribution fund.
N.D. Cent. Code § 39-22.3-11 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-11
39-22.3-11. Officers to administer the provisions of chapter
Status: in_force

39-22.3-11. Officers to administer the provisions of chapter

The director and the director's appointees are responsible for the administration of the

provisions of this chapter.
N.D. Cent. Code § 39-06.2-10.7 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-10.7
39-06.2-10.7. Judicial review
Status: in_force

39-06.2-10.7. Judicial review

Any person whose commercial driver's license or privilege has been suspended, revoked,

or denied by the decision of the hearing officer under section 39-06.2-10.6 may appeal within

seven days after the date of the hearing under section 39-06.2-10.6 as shown by the date of the

hearing officer's decision, section 28-32-42 notwithstanding, by serving on the director and filing

a notice of appeal and specifications of error in the district court in the county where the events

occurred for which the demand for a test was made, or in the county in which the administrative

hearing was held. The court shall set the matter for hearing, and the petitioner shall give twenty

days' notice of the hearing to the director and to the hearing officer who rendered the decision.

Neither the director nor the court may stay the decision pending decision on appeal. Within

twenty days after receipt of the notice of appeal, the director or the hearing officer who rendered

the decision shall file in the office of the clerk of court to which the appeal is taken a certified

transcript of the testimony and all other proceedings. It is the record on which the appeal must

be determined. No additional evidence may be heard. The court shall affirm the decision of the

director or hearing officer unless it finds the evidence insufficient to warrant the conclusion

reached by the director or hearing officer. The court may direct that the matter be returned to the

director or hearing officer for rehearing and the presentation of additional evidence.
N.D. Cent. Code § 39-29.2-04 — ND Code / Title 39 / Chapter 39-29.2 / Section 39-29.2-04
39-29.2-04. Operation of unconventional vehicle
Status: in_force

39-29.2-04. Operation of unconventional vehicle

To operate an unconventional vehicle on a highway, the operator must be a class D licensed

driver. An operator may operate an unconventional vehicle on any highway.
N.D. Cent. Code § 39-31-03 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-03
39-31-03. Carriers must operate in accordance with law and rules
Status: in_force

39-31-03. Carriers must operate in accordance with law and rules

It is unlawful for any common household goods carrier to transport persons or property for

hire unless:

1. The carrier has obtained a household goods carrier permit required by this chapter;

and

2. The carrier complies with this chapter and any applicable rules adopted by the

department.
N.D. Cent. Code § 39-16.1-12 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-12
39-16.1-12. Notice of cancellation of policy by insurer
Status: in_force

39-16.1-12. Notice of cancellation of policy by insurer

When an insurance carrier has certified a motor vehicle liability policy under sections

39-16.1-09 and 39-16.1-10, the insurance carrier shall notify the director no later than ten days

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

or termination of the certified insurance policy; except that a policy subsequently procured and

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

certified with respect to any motor vehicle designated in both certificates.
N.D. Cent. Code § 39-16.2-04 — ND Code / Title 39 / Chapter 39-16.2 / Section 39-16.2-04
39-16.2-04. Self-insurance
Status: in_force

39-16.2-04. Self-insurance

The director may allow a dealer to fully or partially self-insure motor vehicles as required by

this chapter if the dealer provides financial data the director requires and the director determines

that the financial data demonstrates that the dealer is sufficiently stable and solvent to fully or

partially self-insure. The director shall authorize self-insurance subject to reasonable provisions

for the filing of periodic financial statements demonstrating no substantial deterioration of

financial stability.
N.D. Cent. Code § 39-16.1-01 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-01
39-16.1-01. Application
Status: in_force

39-16.1-01. Application

The provisions of this chapter requiring the deposit of proof of financial responsibility for the

future, subject to certain exemptions, apply with respect to any person who has been convicted

of or forfeited bail for certain offenses under motor vehicle laws or who has failed to pay

judgments upon claims for relief arising out of ownership, maintenance, or use of vehicles of a

type subject to registration under the laws of this state.
N.D. Cent. Code § 39-21-34 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-34
39-21-34. Brakes on motor-driven cycles
Status: repealed

39-21-34. Brakes on motor-driven cycles

Repealed by S.L. 1979, ch. 431, § 37.
N.D. Cent. Code § 39-29-12 — ND Code / Title 39 / Chapter 39-29 / Section 39-29-12
39-29-12. Penalties
Status: in_force

39-29-12. Penalties

Violation of subdivision b, c, or g of subsection 5 of section 39-29-09 is a class B

misdemeanor. Violation of any other provision of section 39-29-09 is an infraction for which a

fee of fifty dollars must be assessed. Violation of section 39-29-02 or subsection 2 of section

39-29-04 is an infraction, for which a fee of fifty dollars must be assessed. If the individual

provides proof of registration since the violation, the fee may be reduced by one-half. Violation

of any other provision of this chapter is an infraction, for which a fee of twenty dollars must be

assessed.
N.D. Cent. Code § 39-03.1-29 — ND Code / Title 39 / Chapter 39-03.1 / Section 39-03.1-29
39-03.1-29. Savings clause - Plan modifications
Status: in_force

39-03.1-29. Savings clause - Plan modifications

If the board determines that any section of this chapter does not comply with applicable

federal statutes or rules, the board shall adopt appropriate terminology with respect to that

section as will comply with those federal statutes or rules, subject to the approval of the

employee benefits programs committee. Any plan modifications made by the board pursuant to

this section are effective until the effective date of any measure enacted by the legislative

assembly providing the necessary amendments to this chapter to ensure compliance with the

federal statutes or rules.
N.D. Cent. Code § 39-21-49 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-49
39-21-49. Number of riders on motorcycles limited
Status: repealed

39-21-49. Number of riders on motorcycles limited

Repealed by S.L. 1975, ch. 348, § 17.
N.D. Cent. Code § 39-10-48 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-48
39-10-48. Officer authorized to remove illegally stopped vehicle
Status: in_force

39-10-48. Officer authorized to remove illegally stopped vehicle

1. If a police officer finds a vehicle standing upon a highway in violation of section

39-10-47, the officer may remove the vehicle or require the driver or other person in

charge of the vehicle to move the vehicle to a position off the paved or main-traveled

part of the highway to a place where the vehicle does not block the highway or

otherwise endanger public safety.

2. If a police officer finds a vehicle unattended upon any highway and the vehicle may

obstruct traffic or otherwise endanger public safety, the officer may have the vehicle

moved to a location where it may be securely held.

3. A police officer may remove or cause to be removed any vehicle found upon a highway

and move the vehicle to any location where the vehicle may be securely held if:

a. A report has been made the vehicle has been stolen or taken without the consent

of its owner;

b. The owner or driver of the vehicle is unable to provide for its custody or removal;

or

c. The individual driving or in control of the vehicle is arrested for an offense and

taken into custody and another individual is not available to lawfully operate the

vehicle.

4. If a police officer finds a vehicle standing, stopped, or parked in a dangerous location

or in violation of any official traffic-control device prohibiting or restricting the stopping,

standing, or parking of any vehicle on state property, the officer shall place a written

warning on the vehicle for the first offense and issue a traffic citation for a subsequent

violation. However, a traffic citation may not be issued for a violation of this subsection

occurring on the state capitol grounds during a legislative session.

5. A police officer and the police officer's employing agency, the department of

transportation or an employee of the department of transportation, or a political

subdivision or employee of a political subdivision authorized by a police officer is not

liable in civil damages for loss or damage to any vehicle removed from a highway or

state property under this section, so long as reasonable care is used in the removal

process.

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

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

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

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

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

under this section.
N.D. Cent. Code § 39-18-02 — ND Code / Title 39 / Chapter 39-18 / Section 39-18-02
39-18-02. Bond required
Status: in_force

39-18-02. Bond required

Before the issuance of a mobile home or manufactured home dealer's license, the applicant

for the license shall furnish a continuous surety bond executed by the applicant as principal and

executed by a surety company licensed and qualified to do business within this state. The bond

must be in the amount of fifty thousand dollars, and be conditioned upon the faithful compliance

by the applicant as a dealer, if the license is issued to the dealer, that the dealer will comply with

all the laws of this state pertaining to the business, and regulating or being applicable to the

business of the dealer as a dealer in mobile homes or manufactured homes, and indemnifying

any person dealing or transacting business with the dealer in connection with any mobile home

or manufactured home from any loss or damage occasioned by the failure of the dealer to

comply with the provisions of the laws of this state. This includes the furnishing of a proper and

valid certificate of title to the vendee of a mobile home within fifteen days of the sale of a mobile

home, and to the vendee of a travel trailer as defined by section 57-55-01 within fifteen days of

the sale of a travel trailer. In addition, this includes furnishing to the vendee of a manufactured

home within fifteen days of the sale of a manufactured home an affidavit of affixation that is

obtained from the county recorder in the county where the real property is affixed, a letter of

confirmation, and a bill of sale that includes a statement as to whether there are any liens or

encumbrances on the manufactured home. The bond must be filed with the director before the

issuance of the license provided for under this chapter. The aggregate liability of the surety to all

persons for all losses or damages may not exceed the amount of the bond. Any third party

sustaining injury within the terms of the bond may proceed against the principal and surety

without making the state a party to any proceeding. The bond may be canceled by the surety, as

to future liability, by giving written notice by certified mail, addressed to the principal at the

address stated in the bond, and to the department. Thirty days after the mailing of the notice,

the bond is null and void as to any liability thereafter arising. The surety remains liable, subject

to the terms, conditions, and provisions of the bond, until the effective date of the cancellation.
N.D. Cent. Code § 39-22.1-02.1 — ND Code / Title 39 / Chapter 39-22.1 / Section 39-22.1-02.1
39-22.1-02.1. Disposition of fees
Status: in_force

39-22.1-02.1. Disposition of fees

Fees from registration of dealers must be deposited with the state treasurer and credited to

the highway tax distribution fund.
N.D. Cent. Code § 39-21-56 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-56
39-21-56. Definitions - Prohibition on counterfeit and nonfunctional airbag - Penalty
Status: in_force

39-21-56. Definitions - Prohibition on counterfeit and nonfunctional airbag - Penalty

1. As used in this section:

a. "Airbag" means an inflatable occupant restraint system device in a motor vehicle

which is part of a supplemental restraint system.

b. "Counterfeit supplemental restraint system component" means a replacement

supplemental restraint system component that displays a mark identical, or

substantially similar to, the genuine mark of a motor vehicle manufacturer or a

supplier of parts to the manufacturer of a motor vehicle without authorization from

that manufacturer or supplier.

c. "Nonfunctional airbag" means a replacement airbag that:

(1) Was previously deployed or damaged;

(2) Has an electric fault that is detected by the motor vehicle's airbag diagnostic

systems when the installation procedure is completed and the motor vehicle

is returned to the customer who requested the work to be performed or

when ownership is intended to be transferred;

(3) Includes a part or object, including a supplemental restraint system

component, which is installed in a motor vehicle to mislead the owner or

operator of the motor vehicle into believing a functional airbag has been

installed; or

(4) Is subject to the prohibitions of 49 U.S.C. 30120(j).

d. "Supplemental restraint system" means a passive inflatable motor vehicle crash

protection system designed for use in conjunction with active restraint systems as

defined in title 49, Code of Federal Regulations, part 571, section 208, which

includes one or more airbags and all components required to ensure an airbag

works as designed by the motor vehicle manufacturer including:

(1) Operating as designed in the event of a crash; and

(2) Is designed in accordance with federal motor vehicle safety standards of the

specific make, model, and year of the motor vehicle in which the airbag is or

will be installed.

2. A person may not intentionally or knowingly:

a. Manufacture, import, install, reinstall, distribute, sell, or offer for sale any device

intended to replace a supplemental restraint system component in any motor

vehicle if the device is a counterfeit supplemental restraint system component,

nonfunctional airbag, or a device that does not meet the federal motor vehicle

safety standards as provided under title 49, Code of Federal Regulations,

part 571, section 208.

b. Sell, install, or reinstall in a motor vehicle, any device that causes the motor

vehicle's diagnostic systems to fail to warn when the motor vehicle is equipped

with a counterfeit supplemental restraints system component or nonfunctional

airbag, or when an airbag is not installed.

3. Subsection 2 does not prohibit a motor vehicle dealer, repair facility, manufacturer, or

other entity from taking action to collect and dispose of used or recalled supplemental

restraint system components in accordance with federal law.

4. A person that violates subsection 2 is guilty of a class A misdemeanor.
N.D. Cent. Code § 39-31-08 — ND Code / Title 39 / Chapter 39-31 / Section 39-31-08
39-31-08. Factors to be considered by department in granting certificate
Status: repealed

39-31-08. Factors to be considered by department in granting certificate

Repealed by S.L. 2015, ch. 277, § 8.
N.D. Cent. Code § 39-21-05 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-05
39-21-05. New motor vehicle to be equipped with reflectors
Status: in_force

39-21-05. New motor vehicle to be equipped with reflectors

1. Every new motor vehicle hereafter sold and operated upon a highway other than a

truck tractor must carry on the rear, either as a part of the taillamps or separately, two

or more red reflectors, meeting the requirements of this section, except that vehicles of

the type mentioned in section 39-21-08 must be equipped with reflectors as required in

applicable sections.

2. Every such reflector must be mounted on the vehicle at a height not less than fifteen

inches [38.1 centimeters] nor more than sixty inches [152.4 centimeters] measured as

set forth in subsection 2 of section 39-21-02, and must be of size and characteristics

and so mounted as to be visible as required in section 39-21-11.
N.D. Cent. Code § 39-16-18 — ND Code / Title 39 / Chapter 39-16 / Section 39-16-18
39-16-18. Proof by showing insurance coverage
Status: repealed

39-16-18. Proof by showing insurance coverage

Repealed by S.L. 1967, ch. 313, § 3.
N.D. Cent. Code § 39-33-05 — ND Code / Title 39 / Chapter 39-33 / Section 39-33-05
39-33-05. Permitted disclosures
Status: in_force

39-33-05. Permitted disclosures

The department may disclose personal information referred to in section 39-33-02 to any

person, on proof of the identity of the person requesting a record and representation by the

requester that the use of the personal information will be strictly limited to one or more of the

following:

1. For use by any government agency, including any court or law enforcement agency, in

carrying out its functions, or any private person acting on behalf of a government

agency in carrying out its functions.

2. For use in connection with matters of motor vehicles or driver safety and theft; motor

vehicle emissions; motor vehicle product alterations, recalls, or advisories;

performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor

vehicle market research activities, including survey research; and removal of

nonowner records from the original owner records of motor vehicle manufacturers.

3. For use in the normal course of business by a legitimate business or its agents,

employees, or contractors:

a. To verify the accuracy of personal information submitted by the individual to the

business or its agents, employees, or contractors; and

b. If the information as so submitted is not correct or is no longer correct, to obtain

the correct information, but only for the purposes of preventing fraud by, pursuing

legal remedies against, or recovering on a debt or security interest against, the

individual.

4. For use in connection with any proceeding in any court or government agency or

before any self-regulatory body, including the service of process, investigation in

anticipation of litigation, and the execution or enforcement of judgments and orders, or

pursuant to an order of any court.

5. For use in research activities, and for use in producing statistical reports, so long as

the personal information is not published, redisclosed, or used to contact individuals.

6. For use by any insurer or insurance support organization, or by a self-insured entity, or

its agents, employees, or contractors, in connection with claims investigation activities,

antifraud activities, rating, or underwriting.

7. For use in providing notice to the owner or lienholder of a towed or impounded vehicle.

8. For use by any licensed private investigative agency or licensed security service for

any purpose permitted under this section.

9. For use by an employer or its agent or insurer to obtain or verify information relating to

a holder of a commercial driver's license which is required under the Commercial

Motor Vehicle Safety Act of 1986 [title XII of Pub. L. 99-570].

10. For use in connection with the operation of private toll transportation facilities.

11. For any use specifically authorized by law that is related to the operation of a motor

vehicle or public safety.

12. For any other use in response to requests for individual motor vehicle records if the

department has obtained the express consent of the person to whom such personal

information pertains.

13. For bulk distribution for surveys, marketing, or solicitations if the department has

obtained the express consent of the person to whom such personal information

pertains.
N.D. Cent. Code § 39-06-43 — ND Code / Title 39 / Chapter 39-06 / Section 39-06-43
39-06-43. Extension of license suspension or revocation
Status: in_force

39-06-43. Extension of license suspension or revocation

1. The director upon receiving a record of the conviction of an individual upon a charge of

driving a vehicle while the operator's license of the individual was suspended shall

extend the period of that suspension for an additional:

a. Like period not to exceed ninety days if the operator's record for the three years

preceding the most recent violation of section 39-06-42 or equivalent ordinance

shows the individual's operator's license or privilege has not been suspended,

revoked, or denied for a prior violation of section 39-06-42 or equivalent

ordinance;

b. One hundred eighty days if the operator's record for the three years preceding

the most recent violation of section 39-06-42 or equivalent ordinance shows the

individual's operator's license or privilege has been once suspended, revoked, or

denied for a prior violation of section 39-06-42 or equivalent ordinance; or

c. One year if the operator's record for the three-year period preceding the most

recent violation of section 39-06-42 or equivalent ordinance shows the individual's

operator's license or privilege has been at least twice suspended, revoked, or

denied for a prior violation of section 39-06-42 or equivalent ordinance.

2. If the original suspension was imposed for violation of section 39-08-01 or equivalent

ordinance, the director shall extend the period of that suspension for at least six

months. If the suspension of the operator's license resulted solely from failure to

appear in court or to post and forfeit bond on noncriminal traffic violations, there may

be no additional period of suspension. Suspension periods for failure to appear or to

post and forfeit bond on noncriminal traffic violations may be for an indefinite duration.

If the conviction was upon a charge of driving while an operator's license was revoked,

the director may not issue a new operator's license for an additional period of one year

from and after the date the individual would otherwise have been entitled to apply for a

new license. Upon a conviction of an individual for violating a restricted license issued

under section 39-06.1-11 and in which the underlying suspension was imposed for

violating section 39-08-01 or equivalent ordinance or is governed by chapter 39-20,

the director shall extend the period of the underlying suspension in accordance with

subsection 6 of section 39-06-17.
N.D. Cent. Code § 39-21-31 — ND Code / Title 39 / Chapter 39-21 / Section 39-21-31
39-21-31. Revocation of certificate of approval
Status: in_force

39-21-31. Revocation of certificate of approval

When the department has reason to believe that an approved lighting device or other safety

equipment, component, or assembly being sold commercially does not comply with the

requirements of this chapter, the department may, after giving thirty days' previous notice to the

person holding the certificate of approval for the device in this state, conduct a hearing upon the

question of compliance of the approved device. After the hearing, the department shall

determine whether the approved device meets the requirements of this chapter. If the device

does not meet the requirements of this chapter, the department shall give notice to the person

holding the certificate of approval for the device in this state of its intention to revoke the

approval.

If at the expiration of ninety days after notice the person holding the certificate of approval

for the device has failed to satisfy the department that the approved device to be sold meets the

requirements of this chapter, the department shall suspend or revoke the approval issued for the

device. The department may require that devices sold after the notification following the hearing

be replaced with devices that do comply with the requirements of this chapter and shall require

the withdrawal of those devices from the market.

When an approval has been suspended or revoked pursuant to this section, the device may

not again be approved unless and until it has been submitted for approval and it has been

demonstrated, in the same manner as in an application for an original approval, that the device

meets the requirements of this chapter. The department may at the time of the retest purchase

in the open market and submit to the testing agency one or more sets of the approved devices,

and if the device upon retest fails to meet the requirements of this chapter, the department may

refuse to renew the certificate of approval of the device. The department may require that all

previously approved devices be effectively recalled and removed from the market as a condition

for reapproval.
N.D. Cent. Code § 39-22.3-10 — ND Code / Title 39 / Chapter 39-22.3 / Section 39-22.3-10
39-22.3-10. Examination of books and records
Status: in_force

39-22.3-10. Examination of books and records

The director or the director's duly authorized representative may inspect the books, letters,

records, and contracts of any licensed motor-powered recreational vehicle dealer relating to any

specific complaint made against the dealer and held to be in violation of any provision of this

title.
N.D. Cent. Code § 39-05-24 — ND Code / Title 39 / Chapter 39-05 / Section 39-05-24
39-05-24. Index of stolen and recovered motor vehicles kept by department - Department to report to municipalities, counties, and other states
Status: repealed

39-05-24. Index of stolen and recovered motor vehicles kept by department -

Department to report to municipalities, counties, and other states.

Repealed by S.L. 1963, ch. 265, § 7.
N.D. Cent. Code § 39-10-27 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-27
39-10-27. Pedestrian obedience to traffic-control devices and traffic regulations
Status: in_force

39-10-27. Pedestrian obedience to traffic-control devices and traffic regulations

1. A pedestrian shall obey the instructions of any official traffic-control device specially

applicable to the pedestrian, unless otherwise directed by a police officer.

2. Pedestrians are subject to traffic-control and pedestrian-control signals as provided for

in sections 39-10-05 and 39-10-06.
N.D. Cent. Code § 39-29.2-05 — ND Code / Title 39 / Chapter 39-29.2 / Section 39-29.2-05
39-29.2-05. Equipment
Status: in_force

39-29.2-05. Equipment

Operators and passengers in an unconventional vehicle shall comply with seatbelt use

laws.
N.D. Cent. Code § 39-29.1-09 — ND Code / Title 39 / Chapter 39-29.1 / Section 39-29.1-09
39-29.1-09. Penalty
Status: in_force

39-29.1-09. Penalty

A violation of this chapter for which there is no civil or criminal penalty in this title is a class B

misdemeanor.
N.D. Cent. Code § 39-10-72 — ND Code / Title 39 / Chapter 39-10 / Section 39-10-72
39-10-72. Funeral processions - Traffic regulations
Status: in_force

39-10-72. Funeral processions - Traffic regulations

1. Notwithstanding any traffic-control device, a law enforcement officer leading a funeral

procession may proceed through any intersection or make any turns or other

movements necessary while leading the procession. The officer, without regard to any

traffic-control device, may direct other drivers not in the funeral procession to stop,

turn, proceed, or make other movements. When leading the funeral procession, the

officer must be in a marked patrol vehicle and the vehicle's lighted headlamps,

taillamps, and top-mounted and grill-mounted signal lamps must be displayed at all

times during the procession.

2. Notwithstanding any traffic-control device or provision governing the right of way,

whenever a law enforcement officer leading a funeral procession enters an

intersection, the remainder of the vehicles in the funeral procession may follow through

the intersection. Each vehicle in the procession, however, must exercise reasonable

care toward any other vehicle or pedestrian on the roadway.

3. Notwithstanding any traffic-control device or provision governing rights of way and

subject to the following conditions, vehicles in a funeral procession have the right of

way.

a. All vehicles in a funeral procession must display lighted headlamps, taillamps,

and flashing emergency lamps.

b. All vehicles in a funeral procession must follow the preceding vehicle in the

procession as closely as is safe and practicable.

c. The driver of a vehicle in a funeral procession shall yield the right of way to an

approaching emergency vehicle when directed to do so by a law enforcement

officer or when the vehicle is giving an audible or visual signal.

d. A vehicle that becomes separated from the funeral procession and the law

enforcement escort, so that the procession is no longer continuous, must proceed

to its destination in a safe and prudent manner obeying all traffic signals and

general rules of the road.

4. Other vehicles shall conform to the following rules:

a. The driver of a vehicle may not drive between the vehicles comprising a funeral

procession while those vehicles are in motion, except when authorized to do so

by a law enforcement officer or when such vehicle is an emergency vehicle giving

an audible or visible signal.

b. The driver of a vehicle not part of a funeral procession may not join a funeral

procession for the purpose of securing the right of way granted under subsection

3.

c. The driver of a vehicle not in a funeral procession may not pass vehicles in such

a procession on a two-lane highway or roadway.

d. The driver of a vehicle may pass a funeral procession on its left side on any

multiple-lane highway whenever such passing can be done safely, unless the

procession is in the farthest left lane, in which case passing is permissible on the

right.

e. When a funeral procession is proceeding through a red signal as permitted by

subsection 3, a vehicle that is not in the procession may not enter the intersection

unless it can do so without crossing the path of the funeral procession. If the red

signal changes to green while the funeral procession is still within the

intersection, a vehicle facing a green signal may proceed, but the funeral

procession has the right of way.
N.D. Cent. Code § 39-06.2-08.1 — ND Code / Title 39 / Chapter 39-06.2 / Section 39-06.2-08.1
39-06.2-08.1. Commercial driver's license medical certification requirements
Status: in_force

39-06.2-08.1. Commercial driver's license medical certification requirements

1. The director may issue a commercial learner's permit or commercial driver's license to

a North Dakota resident who meets the medical qualification and certification

requirements pursuant to the limitations of 49 CFR parts 383 and 391.

2. Every individual who makes application for a commercial learner's permit or

commercial driver's license shall certify that the individual meets the qualification

requirements contained in 49 CFR part 391 or certify that the individual's commercial

transportation is entirely in intrastate commerce and is not subject to 49 CFR part 391.

3. The application will contain the following categories to comply with the commercial

driver's certification requirements:

a. Interstate and subject to 49 CFR part 391.

b. Interstate, but operating exclusively in transportation or operations excepted

under 49 CFR part 390.3(f), 391.2, 391.68, or 398.3.

c. Intrastate and subject to state driver's qualification requirements.

d. Intrastate, but operating exclusively in transportation or operations excepted from

all or part of the state driver's qualification requirements.

4. Every individual who makes application for or holds a commercial learner's permit or

commercial driver's license shall submit a copy of the individual's medical certificate to

the director unless the commercial transportation is not subject to 49 CFR part 391.

5. The director will downgrade or remove the commercial driving privilege from the

license if the medical certificate expires and the driver does not change the driver's

certification if the driver is no longer subject to 49 CFR part 391.

6. If the driver provides a current medical certification, the director shall upgrade without

retesting the license of a driver which was downgraded under this section.
N.D. Cent. Code § 39-16.1-22 — ND Code / Title 39 / Chapter 39-16.1 / Section 39-16.1-22
39-16.1-22. Federal, state, or municipal ownership
Status: in_force

39-16.1-22. Federal, state, or municipal ownership

This chapter does not apply with respect to any motor vehicle owned and operated by the

United States, this state, or any political subdivision of this state or any municipality therein.