CHAPTER 8-01 General Provisons

8-01-01. Contract for carriage defined.

The contract of carriage is a contract for the conveyance of property, persons, or messages from one place to another.

Source:

Civ. C. 1877, § 1208; R.C. 1895, § 4174; R.C. 1899, § 4174; R.C. 1905, § 5622; C.L. 1913, § 6185; R.C. 1943, § 8-0101.

Derivation:

Cal. Civ. C., 2085.

Cross-References.

Damages for breach of carrier’s obligation to accept freight, messages, or passengers, see § 32-03-15.

Venue of offense committed on railroad train or other vehicle, see § 29-03-08.

8-01-02. Classification.

Carriage is either inland or marine. Carriers upon navigable waters or rivers which are subject to the admiralty jurisdiction of the United States are marine carriers. All others are inland carriers.

Source:

Civ. C. 1877, §§ 1209, 1210; R.C. 1895, §§ 4175, 4176; R.C. 1899, §§ 4175, 4176; R.C. 1905, §§ 5623, 5624; C.L. 1913, §§ 6186, 6187; R.C. 1943, § 8-0102.

Derivation:

Cal. Civ. C., 1209, 1210.

8-01-03. Gratuitous carriers — Obligation.

Carriers without reward are subject to the same rules as employees without reward, except so far as is otherwise provided by this title.

Source:

Civ. C. 1877, § 1212; R.C. 1895, § 4178; R.C. 1899, § 4178; R.C. 1905, § 5626; C.L. 1913, § 6189; R.C. 1943, § 8-0103.

Derivation:

Cal. Civ. C., 2089.

8-01-04. Gratuitous carrier — Obligation where carriage begun.

A carrier without reward, who has begun to perform the carrier’s undertaking, shall complete it in like manner as if the carrier had received a reward, unless the carrier restores the person or thing carried to as favorable a position as before the carrier commenced the carriage.

Source:

Civ. C. 1877, § 1213; R.C. 1895, § 4179; R.C. 1899, § 4179; R.C. 1905, § 5627; C.L. 1913, § 6190; R.C. 1943, § 8-0104.

Derivation:

Cal. Civ. C., 2090.

CHAPTER 8-02 Carriage of Persons

8-02-01. Gratuitous carrier — Degree of care required.

A carrier of persons without reward shall use ordinary care and diligence for their safe carriage, except as the carrier’s liability is limited by the provisions of title 39.

Source:

Civ. C. 1877, § 1214; R.C. 1895, § 4180; R.C. 1899, § 4180; R.C. 1905, § 5628; C.L. 1913, § 6191; R.C. 1943, § 8-0201.

Derivation:

Cal. Civ. C., 2096.

Collateral References.

Guests: duty and liability to guest or passenger as to preflight inspection and maintenance of aircraft, 30 A.L.R.2d 1172.

Guests: liability for injury to guest in airplane, 40 A.L.R.3d 1117.

Duty and liability of carrier as affected by status of employee or his family traveling on employer’s interstate conveyance by means of pass issued pursuant to specific provision of employment or collective bargaining agreement, 55 A.L.R.2d 766.

Guest statute, airplane as “motor vehicle” within, 98 A.L.R.2d 543, 544.

8-02-02. Carrier for reward — Degree of care required.

A carrier of persons for reward shall use the utmost care and diligence for their safe carriage, shall provide everything necessary for that purpose, and shall exercise to that end a reasonable degree of skill.

Source:

Civ. C. 1877, § 1215; R.C. 1895, § 4181; R.C. 1899, § 4181; R.C. 1905, § 5629; C.L. 1913, § 6192; R.C. 1943, § 8-0202.

Derivation:

Cal. Civ. C., 2100.

Notes to Decisions

Assault by Passenger.

A taxicab company was liable for assault and rape of passenger by both the cab driver and a passenger, the undisputed evidence showing willful connivance with and assistance by the driver in the rape by the fellow passenger. Haser v. Pape, 77 N.D. 36, 39 N.W.2d 578, 1949 N.D. LEXIS 54 (N.D. 1949).

Degree of Care.

Where the trial court, in its instructions to the jury, characterized the degree of care required of the driver of a taxicab as the “utmost care”, and then defined “utmost care” as the “highest degree of care possible in the nature of the case”, and where these words were followed by the further statement that the carrier is not an insurer but must “exercise a high degree of care and skill to secure the safe transportation of its passengers”, such instructions were proper. Kuntz v. Stelmachuk, 136 N.W.2d 810, 1965 N.D. LEXIS 126 (N.D. 1965).

Protection from Negligent Acts.

A girl of fourteen, while riding in a taxicab, by virtue of the fact that she was a passenger was not only entitled to be protected against the negligent acts of the company’s cab driver resulting from the omission to perform the company’s duties to its passengers, but she was likewise entitled to be protected against the unwarranted assault committed on her person by the cab driver during the continuance of the carrier-passenger relationship. Haser v. Pape, 77 N.D. 36, 39 N.W.2d 578, 1949 N.D. LEXIS 54 (N.D. 1949).

Where taxi had the right of way entering an intersection, and another vehicle, which entered the intersection wrongfully, was not seen by the driver of the taxi until it was within twenty feet, even though the approaching vehicle could have been seen at least one hundred fifty feet from the intersection, the driver of the taxi failed to exercise the degree of care required by this section. Kuntz v. Stelmachuk, 136 N.W.2d 810, 1965 N.D. LEXIS 126 (N.D. 1965).

Collateral References.

Boarding or alighting: liability to person in street or highway for purpose of boarding carrier’s vehicle, 7 A.L.R.2d 549.

Boarding or alighting: falling or alighting where carrier’s negligence is predicated on open door, 7 A.L.R.2d 1427.

Boarding or alighting: motorbus carrier’s liability to passenger injured through fall while alighting from moving vehicle, 9 A.L.R.2d 938.

Boarding or alighting: liability for injuries to persons boarding vehicle for social or other purposes in connection with passengers, 11 A.L.R.2d 1075.

Animal, carrier’s liability for injury to passenger by, 17 A.L.R.2d 459, 465.

Ambulance: contributory negligence as affecting liability of operator of ambulance service for personal injuries to person being transported, 21 A.L.R.2d 919.

Boarding or alighting: physically handicapped or intoxicated person boarding or alighting from standing train or car, 30 A.L.R.2d 334.

Conflict of laws as to clauses in contract for carriage of passengers limiting carrier’s liability for injury or death, or time within which action may be brought, 30 A.L.R.2d 1398.

Boarding or alighting: attempt to board moving car or train, 31 A.L.R.2d 931.

Landslide: carrier’s liability to passenger injured by landslide, or the like, 34 A.L.R.2d 831.

Other company: carrier’s duty and liability to its passenger injured on platform or the like of station or terminal owned by other company, 41 A.L.R.2d 1286.

Door: motor carrier’s liability for injury to passenger’s hand in vehicle door, 42 A.L.R.2d 1190.

Boarding or alighting: leaving seat before conveyance stops, 52 A.L.R.2d 585.

Taxicab or motorbus driver, employer’s liability for assault by, 53 A.L.R.2d 720, 741.

Boarding or alighting: motor carrier’s liability for injury or death of passenger inflicted by the vehicle from which he has alighted, 58 A.L.R.2d 932.

Sleeping-car company’s liability for ejection of passenger by employee, 60 A.L.R.2d 1115.

Boarding or alighting: air carrier’s liability to passenger injured while boarding or alighting, 61 A.L.R.2d 1113.

Boarding or alighting: taxicab carrier’s liability to passenger injured while boarding vehicle, 75 A.L.R.2d 988.

False imprisonment or arrest caused by agent or servant, carrier’s liability for, 92 A.L.R.2d 15, 93 A.L.R.3d 826.

Boarding or alighting: duty and liability of motorbus carrier to persons boarding bus, 93 A.L.R.2d 237.

Age of minor operator of airplane as affecting his primary negligence, 97 A.L.R.2d 872.

Charter flight: liability of air carrier for injury or death of passenger on charter flight, 41 A.L.R.3d 455.

Liability of taxicab carrier to passenger injured while alighting from taxi, 98 A.L.R.3d 822.

Liability of land carrier to passenger who becomes victim of third party’s assault on or about carrier’s vehicle or premises, 34 A.L.R.4th 1054.

Liability of land carrier to passenger who becomes victim of another passenger’s assault, 43 A.L.R.4th 189.

Air carrier’s liability for injury from condition of airport premises, 14 A.L.R.5th 662.

Liability of motorbus carrier or driver for death of, or injury to, discharged passenger struck by other vehicle, 16 A.L.R.5th 1.

Limitation of liability of air carrier for personal injury or death, 91 A.L.R. Fed. 547.

8-02-03. Safe vehicles required.

A carrier of persons for reward shall provide vehicles safe and fit for the purposes to which they are put and is not excused for default in this respect by any degree of care.

Source:

Civ. C. 1877, § 1216; R.C. 1895, § 4182; R.C. 1899, § 4182; R.C. 1905, § 5630; C.L. 1913, § 6193; R.C. 1943, § 8-0203.

Derivation:

Cal. Civ. C., 2101.

Notes to Decisions

Proximate Cause.

Whether or not this section imposes strict liability upon a common carrier to provide safe and fit vehicles, a trial court did not err in granting summary judgment in favor of defendant common carrier where there was no evidence that an alleged design defect, the failure to equip a train’s door with an automatic locking mechanism, proximately caused decedent’s death. Donnelly ex rel. Hopper v. Frank, 16 F.3d 92, 1994 U.S. App. LEXIS 4596 (5th Cir. Miss. 1994).

Collateral References.

Open door as ground of liability of carrier for injury to passenger falling or alighting from vehicle, 7 A.L.R.2d 1427.

Lights: carrier’s liability for injury to passenger due to improper lighting of vehicle, 8 A.L.R.2d 233.

Seat: liability for injury to customer or patron from defect in or fall of seat, 21 A.L.R.2d 420, 457.

Preflight inspections: duty and liability to guest or passenger as to preflight inspection and maintenance of aircraft, 30 A.L.R.2d 1172.

Heating: liability of motor carrier to passenger for injuries assertedly caused by failure to heat conveyance adequately, 33 A.L.R.2d 1358.

Steps or vestibule: duty of railroad to passengers to keep steps or vestibule of car free from debris or foreign substances other than snow or ice, 34 A.L.R.2d 360.

Fall of object: res ipsa loquitur as applied to injury or damage caused by fall of object from train, 41 A.L.R.2d 932.

Blowout: motor carrier’s liability for injuries to passengers from accident occasioned by blowout or other failure of tire, 44 A.L.R.2d 835.

Safety devices: public regulations as to duty of airplane owner or operator to furnish aircraft with navigational and flight safety devices, 50 A.L.R.2d 898.

Washroom or lavatory: carrier’s liability to passenger injured while using washroom or lavatory facilities on conveyance, 50 A.L.R.2d 1071.

Thrown object: motor carrier’s liability to passenger injured by reason of object on surface of highway thrown by passing vehicle, 56 A.L.R.2d 1392, 1407.

Sudden motion: motor carrier’s liability for injury to passenger by sudden stopping, starting, or lurching of conveyance, 57 A.L.R.2d 5.

Baggage: liability of carrier to passenger injured through fall of baggage or other object from overhead repository, 68 A.L.R.2d 667.

Turbulence or draft: liability of air carrier for injury or death of passenger due to downdraft, updraft, or turbulence, 73 A.L.R.2d 379.

Air carrier’s liability for injury to passenger from changes in air pressure, 75 A.L.R.2d 848.

Drills: liability for injury to or death of passenger in connection with a fire drill or abandonment-of-ship drill aboard a vessel, 8 A.L.R.3d 650.

Physical condition of employee: liability for injury or death of passenger from accident due to physical condition of carrier’s employee, 52 A.L.R.3d 669.

Liability of common carrier for personal injury or death of passenger occasioned by inhalation of gases or fumes from exhaust, 99 A.L.R.3d 751.

Motor carrier’s liability for personal injury or death of passenger caused by debris, litter or other foreign object on floor or seat of vehicle, 1 A.L.R.4th 1249.

8-02-04. Overloading prohibited.

A carrier of persons for reward must not overcrowd nor overload the vehicle used for carriage.

Source:

Civ. C. 1877, § 1217; R.C. 1895, § 4183; R.C. 1899, § 4183; R.C. 1905, § 5631; C.L. 1913, § 6194; R.C. 1943, § 8-0204.

Derivation:

Cal. Civ. C., 2102.

Cross-References.

Carrier must provide sufficient vehicles and seats, see § 8-08-05.

Collateral References.

Liability of carrier to passenger for injury due to crowded conditions of motor bus, or pushing or crowding of passengers therein, 26 A.L.R.2d 1219.

Overloading aircraft, liability for personal injury or death based on, 75 A.L.R.2d 868.

Liability of land carrier to passenger who becomes victim of third party’s assault on or about carrier’s vehicle or premises, 34 A.L.R.4th 1054.

Liability of land carrier to passenger who becomes victim of another passenger’s assault, 43 A.L.R.4th 189.

8-02-05. Treatment of passengers.

A carrier of persons for reward shall give to passengers all such accommodations as are usual and reasonable and must treat them with civility and give them a reasonable degree of attention.

Source:

Civ. C. 1877, § 1218; R.C. 1895, § 4184; R.C. 1899, § 4184; R.C. 1905, § 5632; C.L. 1913, § 6195; R.C. 1943, § 8-0205.

Derivation:

Cal. Civ. C., 2103.

Notes to Decisions

Assault on Passenger.

Passenger in taxicab, who was raped by the driver of the cab, was entitled to recover from the cab company for injuries to her person and reputation. Haser v. Pape, 77 N.D. 36, 39 N.W.2d 578, 1949 N.D. LEXIS 54 (N.D. 1949).

Common Law Rule.

This statute is merely declaratory of the common law, and being in affirmance of the common law, is to be construed as the rule by that law. Haser v. Pape, 77 N.D. 36, 39 N.W.2d 578, 1949 N.D. LEXIS 54 (N.D. 1949).

Collateral References.

Carrier and passenger relationship as affecting right to recover for insulting or abusive language not amounting to defamation, 15 A.L.R.2d 108, 132.

Intoxication: carrier’s duty and liability to intoxicated passenger while en route, 17 A.L.R.2d 1085.

Boarding or alighting: duty to passenger who becomes sick or is injured en route, 92 A.L.R.2d 656.

Privacy, invasion of right of, 57 A.L.R.3d 16.

Liability of motorbus carrier or driver for death of, or injury to, discharged passenger struck by other vehicle, 16 A.L.R.5th 1.

8-02-06. Rate of speed — Delays.

A carrier of persons for reward shall travel at a reasonable rate of speed without any unreasonable delay or deviation from the proper route.

Source:

Civ. C. 1877, § 1219; R.C. 1895, § 4185; R.C. 1899, § 4185; R.C. 1905, § 5633; C.L. 1913, § 6196; R.C. 1943, § 8-0206.

Derivation:

Cal. Civ. C., 2104.

Collateral References.

Change of vehicles: duty and liability of carrier with respect to allowing passenger sufficient time for change of vehicles, 40 A.L.R.2d 809.

8-02-07. Ridesharing arrangement — Definition.

  1. “Carpool” means a ridesharing arrangement in a private passenger automobile or station wagon by two or more persons, regardless of their relationship to each other, to and from common or nearby employment sites. The term includes:
    1. Shared-driving, in which the car of each person in the arrangement is used and alternated on an agreed-upon schedule; and
    2. Shared-riding, in which the same car is used during the arrangement and each member contributes an agreed-upon amount to compensate for the cost of operating the pool.
  2. “Ridesharing arrangement” means the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of the driver or owner and is not provided for pecuniary gain. The term shall include ridesharing arrangements known as carpools and vanpools.
  3. “Vanpool” means a ridesharing arrangement by a prearranged membership group whose members are picked up at specified points to be taken to and from common or nearby employment sites. The vanpool members each contribute an agreed-upon amount to compensate for the cost of operating the pool, the motor vehicle used is other than a passenger automobile or station wagon, and is manufactured and equipped to carry not more than fifteen persons, including the driver. The vanpool may be owner-operated or employer-sponsored.

Source:

S.L. 1981, ch. 131, § 1.

8-02-08. Safety standards for passenger contract carriers — Penalty. [Repealed]

Source:

S.L. 1999, ch. 91, § 1; 2001, ch. 105, § 1; Repealed by 2021, ch. 280, § 7, eff August 1, 2021.

CHAPTER 8-03 Carriage of Property

8-03-01. Definitions — Freight, freightage, consignor, and consignee.

Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to the carrier is called the consignor; and the person to whom it is to be delivered is called the consignee.

Source:

Civ. C. 1877, § 1220; R.C. 1895, § 4186; R.C. 1899, § 4186; R.C. 1905, § 5634; C.L. 1913, § 6197; R.C. 1943, § 8-0301.

Derivation:

Cal. Civ. C., 2110.

8-03-02. Care required.

A carrier of property for reward shall use at least ordinary care and diligence in the performance of all of the carrier’s duties. A carrier of property without reward shall use at least slight care and diligence.

Source:

Civ. C. 1877, § 1221; R.C. 1895, § 4187; R.C. 1899, § 4187; R.C. 1905, § 5635; C.L. 1913, § 6198; R.C. 1943, § 8-0302.

Derivation:

Cal. Civ. C., 2114.

Notes to Decisions

Transportation of Cattle.

A carrier for hire who had been shown two routes over which he could transport cattle to a pasture, one presenting difficulties in driving and the other requiring crossing of bridge which carrier had been warned was unsafe for his load, was negligent in electing to take bridge route with full load, and in driving in such manner that rear wheel assembly of his trailer entered the bridge off center, placing the whole of the trailer upon a single supporting beam of the bridge. Saetz v. Braun, 116 N.W.2d 628, 1962 N.D. LEXIS 84 (N.D. 1962).

8-03-03. Carrier shall obey instructions.

A carrier shall comply with the reasonable and lawful directions of the consignor or consignee.

Source:

Civ. C. 1877, § 1222; R.C. 1895, § 4188; R.C. 1899, § 4188; R.C. 1905, § 5636; C.L. 1913, § 6199; R.C. 1943, § 8-0303.

Derivation:

Cal. Civ. C., 2115.

Collateral References.

Unauthorized delivery: shipper’s ratification of carrier’s unauthorized delivery, 15 A.L.R.2d 807.

8-03-04. Conflict of orders.

When the directions of a consignor and consignee are conflicting, the carrier shall comply with those of the consignor in respect to all matters except the delivery of the freight. As to delivery of the freight, the carrier shall comply with the directions of the consignee, unless the consignor has specially forbidden the carrier to receive orders from the consignee inconsistent with the consignor’s own.

Source:

Civ. C. 1877, § 1223; R.C. 1895, § 4189; R.C. 1899, § 4189; R.C. 1905, § 5637; C.L. 1913, § 6200; R.C. 1943, § 8-0304.

Derivation:

Cal. Civ. C., 2116.

Notes to Decisions

Consignee Controls Delivery.

The consignee controls the delivery of the freight even where there is a conflict between him and the consignor. Braithwaite v. Aikin, 1 N.D. 455, 48 N.W. 354, 1891 N.D. LEXIS 13 (N.D. 1891).

8-03-05. Manner of delivery.

A carrier of property shall deliver it to the consignee, at the place to which it is addressed, in the manner usual at that place.

Source:

Civ. C. 1877, § 1225; R.C. 1895, § 4191; R.C. 1899, § 4191; R.C. 1905, § 5639; C.L. 1913, § 6202; R.C. 1943, § 8-0305.

Derivation:

Cal. Civ. C., 2118.

Cross-References.

Damages for breach of carrier’s obligation to deliver freight, see § 32-03-16.

Damages for carrier’s delay, see § 32-03-17.

Notes to Decisions

Liability of Carrier for Loss.

A carrier who assumes the duty of unloading a load is liable for loss resulting from defective performance. Vantine Paint & Glass Co. v. Hart Motor Express, 101 N.W.2d 541, 1960 N.D. LEXIS 51 (N.D. 1960).

Collateral References.

Unauthorized delivery: shipper’s ratification of carrier’s unauthorized delivery, 15 A.L.R.2d 807.

Conversion: carrier’s liability for conversion by delivery in violation of provision in bill of lading prohibiting or limiting consignee’s right to inspect goods shipped, 25 A.L.R.2d 770.

C.O.D.: liability of carrier for delivering goods sent C.O.D. without receiving cash payment, 27 A.L.R.3d 1320.

8-03-06. Place of delivery.

If there is no usage to the contrary at the place of delivery, freight must be delivered as follows:

  1. If carried upon a railway owned and managed by the carrier, it may be delivered at the station nearest the place to which it is addressed;
  2. If carried by water, it may be delivered at a wharf or other suitable landing at or within a reasonable distance from the place of address;
  3. If carried by other common carrier having a fixed route, it may be delivered at the station or airport nearest to the place which it is addressed; or
  4. In other cases it must be delivered to the consignee or the consignee’s agent, personally, if either can with reasonable diligence be found.

Source:

Civ. C. 1877, § 1226; R.C. 1895, § 4192; R.C. 1899, § 4192; R.C. 1905, § 5640; C.L. 1913, § 6203; R.C. 1943, § 8-0306.

Derivation:

Cal. Civ. C., 2119.

Collateral References.

Shipper’s ratification of carrier’s delivery at wrong destination, 15 A.L.R.2d 807.

8-03-07. Freight not delivered to consignee — Obligation of carrier.

If for any reason a carrier does not deliver freight to the consignee or the consignee’s agent personally, the carrier shall give notice to the consignee of its arrival and keep the same in safety, upon the carrier’s responsibility as a warehouseman, until the consignee has had a reasonable time to remove it. If the place of residence or business of the consignee is unknown to the carrier, the carrier may give the notice by letter dropped in the nearest post office.

Source:

Civ. C. 1877, § 1227; R.C. 1895, § 4193; R.C. 1899, § 4193; R.C. 1905, § 5641; C.L. 1913, § 6204; R.C. 1943, § 8-0307.

Derivation:

Cal. Civ. C., 2120.

8-03-08. How carrier may terminate liability.

If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled the carrier’s obligation to deliver or has duly offered to fulfill the same, the carrier may eliminate further liability for the carrier by placing the freight in a suitable warehouse on storage on account of the consignee and giving notice thereof to the consignee.

Source:

Civ. C. 1877, § 1228; R.C. 1895, § 4194; R.C. 1899, § 4194; R.C. 1905, § 5642; C.L. 1913, § 6205; R.C. 1943, § 8-0308.

Derivation:

Cal. Civ. C., 2121.

8-03-09. Unclaimed property — When sale permitted.

Whenever any trunk, valise, bundle, package, or article of property transported or coming into the possession of any railroad, or express company, or any other common carrier in the course of business as common carrier, remains unclaimed and the legal charges thereon unpaid during the space of six months after its arrival at the point to which it has been directed, and the owner or person to whom the same is consigned cannot be found upon diligent inquiry, or, being found and notified of the arrival of such article, refuses or neglects to receive the same and pay the legal charges thereon for the space of three months, it is lawful for such common carrier to sell such article at public auction after giving the owner or consignee fifteen days’ notice of the time and place of sale through the post office and by advertising in a newspaper published in the county where such sale is made and out of the proceeds of such sale to pay all legal charges on such article, and the amount over, if any, must be paid to the owner or consignee upon demand.

Source:

S.L. 1879, ch. 51, § 1; R.C. 1895, § 4195; R.C. 1899, § 4195; R.C. 1905, § 5643; C.L. 1913, § 6206; R.C. 1943, § 8-0309.

Cross-References.

The provisions of this section apply to hotelkeepers and warehousesmen, see § 60-01-28.

8-03-10. Perishable property — When sale permitted.

A carrier, in the exercise of a reasonable discretion, may sell any perishable property which has been transported to its destination, at public or private sale without advertising, if the consignee, on being notified of its arrival, refuses or neglects to receive the same and pay the legal charges thereon, or if upon diligent inquiry, the carrier is unable to find the consignee. The proceeds of such sale, after deduction of the freight charges and expenses of sale, must be paid to the owner or consignee upon demand.

Source:

S.L. 1879, ch. 51, § 2; R.C. 1895, § 4196; R.C. 1899, § 4196; R.C. 1905, § 5644; C.L. 1913, § 6207; R.C. 1943, § 8-0310.

Cross-References.

The provisions of this section shall apply to hotelkeepers and warehousemen, see § 60-01-28.

CHAPTER 8-04 Bills of Lading [Repealed]

[Repealed by S.L. 1965, ch. 296, § 32]

Note.

For present provisions, see ch. 41-07.

CHAPTER 8-05 Freightage

8-05-01. When freightage to be paid.

A carrier may require the carrier’s freightage to be paid upon the carrier’s receiving the freight. If the carrier does not demand it then, the carrier cannot demand it until the carrier is ready to deliver the freight to the consignee.

Source:

Civ. C. 1877, § 1236; R.C. 1895, § 4205; R.C. 1899, § 4205; R.C. 1905, 5653; C.L. 1913, § 6216; R.C. 1943, § 8-0501.

Derivation:

Cal. Civ. C., 2136.

8-05-02. Consignor liable for freightage.

The consignor of freight is presumed to be liable for the freightage, but if the contract between the consignor and the carrier provides that the consignee shall pay it and the carrier allows the consignee to take the freight, the carrier cannot afterwards recover the freightage from the consignor.

Source:

Civ. C. 1877, § 1237; R.C. 1895, § 4206; R.C. 1899, § 4206; R.C. 1905, § 5654; C.L. 1913, § 6217; R.C. 1943, § 8-0502.

Derivation:

Cal. Civ. C., 2137.

Collateral References.

Carrier’s right to freight as affected by deviation in transportation of property, 33 A.L.R.2d 145, 230.

C.O.D.: liability of carrier for delivering goods sent C.O.D. without receiving cash payment, 27 A.L.R.3d 1320.

Notes to Decisions

Miscellaneous.

Oil and gas producer was not liable to a trucking company for unpaid shipping costs because nothing in the North Dakota common law or statutes allowed the trucking company to overcome its lack of contractual agreement with the producer. Universal Truckload, Inc. v. Dalton Logistics, Inc., 946 F.3d 689, 2020 U.S. App. LEXIS 82 (5th Cir. Tex. 2020).

8-05-03. Consignee liable for freight.

The consignee of freight is liable for the freightage if the consignee accepts the freight with notice of the intention of the consignor that the consignee should pay it.

Source:

Civ. C. 1877, § 1238; R.C. 1895, § 4207; R.C. 1899, § 4207; R.C. 1905, § 5655; C.L. 1913, § 6218; R.C. 1943, § 8-0503.

Derivation:

Cal. Civ. C., 2138.

Collateral References.

Carrier’s right to freight as affected by deviation in transportation of property, 33 A.L.R.2d 145, 230.

C.O.D.: liability of carrier for delivering goods sent C.O.D. without receiving cash payment, 27 A.L.R.3d 1320.

Notes to Decisions

Miscellaneous.

Oil and gas producer was not liable to a trucking company for unpaid shipping costs because nothing in the North Dakota common law or statutes allowed the trucking company to overcome its lack of contractual agreement with the producer. Universal Truckload, Inc. v. Dalton Logistics, Inc., 946 F.3d 689, 2020 U.S. App. LEXIS 82 (5th Cir. Tex. 2020).

8-05-04. Natural increase — No freightage.

No freightage can be charged upon the natural increase of freight.

Source:

Civ. C. 1877, § 1239; R.C. 1895, § 4208; R.C. 1899, § 4208; R.C. 1905, § 5656; C.L. 1913, § 6219; R.C. 1943, § 8-0504.

Derivation:

Cal. Civ. C., 2139.

8-05-05. Apportioned pursuant to contract.

If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment according to the apportionment for so much as the carrier delivers.

Source:

Civ. C. 1877, § 1240; R.C. 1895, § 4209; R.C. 1899, § 4209; R.C. 1905, § 5657; C.L. 1913, § 6220; R.C. 1943, § 8-0505.

Derivation:

Cal. Civ. C., 2140.

8-05-06. Apportionment upon acceptance of part of freight.

If a part of the freight is accepted by a consignee without a specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract.

Source:

Civ. C. 1877, § 1241; R.C. 1895, § 4210; R.C. 1899, § 4210; R.C. 1905, § 5658; C.L. 1913, § 6221; R.C. 1943, § 8-0506.

Derivation:

Cal. Civ. C., 2141.

8-05-07. Apportionment according to distance.

If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage, according to the distance. If the carrier, being ready and willing, offers to complete the transit, the carrier is entitled to the full freightage. If the carrier does not thus offer completion and the consignee receives the freight only from necessity, the carrier is not entitled to any freightage.

Source:

Civ. C. 1877, § 1242; R.C. 1895, § 4211; R.C. 1899, § 4211; R.C. 1905, § 5659; C.L. 1913, § 6222; R.C. 1943, § 8-0507.

Derivation:

Cal. Civ. C., 2142.

Notes to Decisions

Part Performance of Contract.

Part performance of a contract of carriage does not entitle a carrier to pay pro rata unless such incomplete performance is voluntarily accepted by the one entitled to insist on perfect performance. Braithwaite v. Aikin, 1 N.D. 455, 48 N.W. 354, 1891 N.D. LEXIS 13 (N.D. 1891).

8-05-08. Extra carriage — No additional freightage.

If freight is carried further or more expeditiously than was agreed upon by the parties, the carrier is not entitled to additional compensation and cannot refuse to deliver it on the demand of the consignee at the place and time of its arrival.

Source:

Civ. C. 1877, § 1243; R.C. 1895, § 4212; R.C. 1899, § 4212; R.C. 1905, § 5660; C.L. 1913, § 6223; R.C. 1943, § 8-0508.

Derivation:

Cal. Civ. C., 2143.

8-05-09. Carrier’s lien for freightage.

A carrier has a lien for freightage which is regulated by title 35.

Source:

Civ. C. 1877, § 1244; R.C. 1895, § 4213; R.C. 1899, § 4213; R.C. 1905, § 5661; C.L. 1913, § 6224; R.C. 1943, § 8-0509.

Derivation:

Cal. Civ. C., 2144.

Collateral References.

Validity, construction, and application of state statute giving carrier lien on goods for transportation and incidental storage charges, 45 A.L.R.5th 227.

CHAPTER 8-06 Carriage of Messages

8-06-01. Delivery of message.

A carrier of messages for reward shall deliver a message at the place to which it is addressed or to the person for whom it is intended.

Source:

Civ. C. 1877, § 1253; R.C. 1895, § 4222; R.C. 1899, § 4222; R.C. 1905, § 5670; C.L. 1913, § 6233; R.C. 1943, § 8-0601.

Derivation:

Cal. Civ. C., 2161.

8-06-02. Degree of care required.

A carrier of messages for reward shall use great care and diligence in the transmission and delivery of messages. A carrier by telegraph shall use the utmost diligence therein.

Source:

Civ. C. 1877, § 1254; R.C. 1895, § 4223; R.C. 1899, § 4223; R.C. 1905, § 5671; C.L. 1913, § 6234; R.C. 1943, § 8-0602.

Derivation:

Cal. Civ. C., 2162.

CHAPTER 8-07 General Provisions Relating to Common Carriers

8-07-01. Common carrier — Definition.

Everyone who offers to the public to carry persons, property, or messages is a common carrier of whatever or whomever the person offers to carry. Provided, everyone who offers to carry persons under a ridesharing arrangement, as defined in section 8-02-07, is not a common carrier of whomever the person offers to carry.

Source:

Civ. C. 1877, § 1255; R.C. 1895, § 4224; R.C. 1899, § 4224; R.C. 1905, § 5672; C.L. 1913, § 6235; R.C. 1943, § 8-0701; S.L. 1981, ch. 131, § 3.

Derivation:

Cal. Civ. C., 2168.

Cross-References.

Aircraft is common carrier, see § 2-03-07.

Use of public drinking cup on railroad trains and in railroad stations prohibited, see § 23-12-03.

Venue of offense committed on railroad train, airplane, or other vehicle, see §§ 29-03-07, 29-03-08.

Notes to Decisions

Street Railway Company.

A street railway company which operates its lines on city streets, or interurban lines, or lines in rural communities, is a common carrier. Peterson v. Fargo M. S. Ry., 37 N.D. 440, 164 N.W. 42, 1917 N.D. LEXIS 117 (N.D. 1917).

Collateral References.

Car pool or “share-the-expense” arrangement as subjecting vehicle operator to regulations applicable to carriers, 51 A.L.R.2d 1193.

Ferry operator as common carrier with respect to motor vehicles and occupants thereof, 69 A.L.R.2d 1008, 1011.

Common or private air carriers and resulting duties to passengers, 73 A.L.R.2d 346.

Owning, leasing, or otherwise engaging in business of furnishing services for taxicabs as basis of tort liability for acts of taxi driver under respondeat superior doctrine, 8 A.L.R.3d 818.

What is “conveyance,” “passenger conveyance,” or “public conveyance” within coverage of accident policy, 60 A.L.R.3d 858.

Liability of operator of ambulance service for personal injuries to person being transported, 68 A.L.R.4th 14.

8-07-02. Must accept and carry.

A common carrier, if able, shall accept and carry whatever is offered to the common carrier, at a reasonable time and place, of a kind that the common carrier undertakes or is accustomed to carry.

Source:

Civ. C. 1877, § 1256; R.C. 1895, § 4225; R.C. 1899, § 4225; R.C. 1905, § 5673; C.L. 1913, § 6236; R.C. 1943, § 8-0702.

Derivation:

Cal. Civ. C., 2169.

Cross-References.

Damages for breach of carrier’s obligation to accept freight, messages, or passengers, see § 32-03-15.

Collateral References.

Destruction or loss of ship as excuse for nonperformance of contract to carry, 54 A.L.R.2d 1298.

8-07-03. Preference to United States and state.

A common carrier shall always give a preference in time and may give a preference in price to the United States and to this state.

Source:

Civ. C. 1877, § 1258; R.C. 1895, § 4226; R.C. 1899, § 4226; R.C. 1905, § 5674; C.L. 1913, § 6237; R.C. 1943, § 8-0703.

Derivation:

Cal. Civ. C., 2171.

8-07-04. Starting — When and where.

A common carrier shall start at such time and place as the common carrier announces to the public unless detained by accident or the elements or in order to connect with carriers on other lines of travel.

Source:

Civ. C. 1877, § 1259; R.C. 1895, § 4227; R.C. 1899, § 4227; R.C. 1905, § 5675; C.L. 1913, § 6238; R.C. 1943, § 8-0704.

Derivation:

Cal. Civ. C., 2172.

Notes to Decisions

Misinformation As to Departure.

A carrier is liable for actual damage suffered by a passenger for misinformation as to the time a train departs. Weeks v. Great N. Ry., 43 N.D. 426, 175 N.W. 726, 1919 N.D. LEXIS 65 (N.D. 1919).

Collateral References.

Change of vehicles: duty and liability of carrier with respect to allowing passenger sufficient time for change of vehicles, 40 A.L.R.2d 809.

8-07-05. Rates must be reasonable — Payment refused.

A common carrier is entitled to a reasonable compensation which the common carrier may require to be paid in advance. If payment is refused, the common carrier may refuse to carry.

Source:

Civ. C. 1877, § 1260; R.C. 1895, § 4228; R.C. 1899, § 4228; R.C. 1905, § 5676; C.L. 1913, § 6239; R.C. 1943, § 8-0705.

Derivation:

Cal. Civ. C., 2173.

8-07-06. Obligations limited only by contract.

The obligation of a common carrier cannot be limited by general notice on the common carrier’s part but may be limited by special contract.

Source:

Civ. C. 1877, § 1261; R.C. 1895, § 4229; R.C. 1899, § 4229; R.C. 1905, § 5677; C.L. 1913, § 6240; R.C. 1943, § 8-0706.

Derivation:

Cal. Civ. C., 2174.

Notes to Decisions

Agreement to Comply with Regulations.

A contract by a drover or caretaker of stock, riding on the same train in which the stock is carried, to ride and remain in the caboose while the train is in motion, and to assume the risk of injury when not observing such regulation, is valid, and not against sound public policy, and prevents recovery for injuries received as the consequence of his violation of the regulation. Hulet v. Payne, 282 F. 401, 1922 U.S. App. LEXIS 2642 (8th Cir. N.D. 1922).

Common Law Liability.

A common carrier may limit or modify its common-law liability by special contracts signed by the consignor or consignee, except that it cannot exonerate itself from liability for damage resulting from negligence, fraud, or willful wrong of itself or its servants. Hanson v. Great N. Ry., 18 N.D. 324, 121 N.W. 78, 1909 N.D. LEXIS 29 (N.D. 1909).

Special Contracts.

Passenger tickets, bills of lading, and written contracts for carriage are not “special contracts” within the meaning of this section, unless they are signed by the passenger, consignor, or consignee. Hartwell v. Northern Pac. Express Co., 41 N.W. 732, 5 Dakota 463, 1889 Dakota LEXIS 5 (Dakota 1889).

Supplemental Law.

This section is supplemented and made clear by N.D.C.C. § 8-07-08. Hartwell v. Northern Pac. Express Co., 41 N.W. 732, 5 Dakota 463, 1889 Dakota LEXIS 5 (Dakota 1889).

Collateral References.

Conflict of laws as to clauses in contract for carriage of passenger limiting carrier’s liability for injury or death, or time within which action may be brought, 30 A.L.R.2d 1398.

Contractual limitation of rail or motor freight carrier’s liability for loss through weight deficiency of goods shipped, 39 A.L.R.2d 348 (1952).

Limitation of liability of air carrier for personal injury or death, 91 A.L.R. Fed. 547.

8-07-07. Contracts against certain liabilities void.

A common carrier cannot be exonerated from liability for the negligence, fraud, or other wrongful act of the common carrier or the common carrier’s servants by any agreement made in anticipation thereof.

Source:

Civ. C. 1877, § 1262; R.C. 1895, § 4230; R.C. 1899, § 4230; R.C. 1905, § 5678; S.L. 1907, ch. 57, § 1; C.L. 1913, § 6241; R.C. 1943, § 8-0707.

Derivation:

Cal. Civ. C., 2175.

Notes to Decisions

Notice of Claim for Damages.

A carrier may contract that the shipper must give notice, in writing, of any claim for damages before the property is removed from the place of destination. Cooke v. Northern Pac. Ry., 22 N.D. 266, 133 N.W. 303, 1911 N.D. LEXIS 40 (N.D. 1911).

Special Contracts.

A bill of lading does not constitute a special contract unless it is signed by the consignor or consignee. Hartwell v. Northern Pac. Express Co., 41 N.W. 732, 5 Dakota 463, 1889 Dakota LEXIS 5 (Dakota 1889).

The common-law liability of a common carrier may be limited or modified by special contract but it cannot exonerate itself from liability for negligence, fraud, or other wrongful act. Hanson v. Great N. Ry., 18 N.D. 324, 121 N.W. 78, 1909 N.D. LEXIS 29 (N.D. 1909).

8-07-08. Carrier’s right to modify obligations restricted.

A passenger, consignor, or consignee, by accepting a ticket, bill of lading, or written contract for carrying with a knowledge of its terms, assents to the rate of hire, and the time, place, and manner of delivery therein stated. A person’s assent to any other modification of the carrier’s rights or obligations contained in such instrument can only be manifested by that person’s signature to the same.

Source:

Civ. C. 1877, § 1263; R.C. 1895, § 4231; R.C. 1899, § 4231; R.C. 1905, § 5679; C.L. 1913, § 6242; R.C. 1943, § 8-0708.

Derivation:

Cal. Civ. C., 2176.

Notes to Decisions

Supplemental Law.

This section supplements and makes clear N.D.C.C. § 8-07-06. Hartwell v. Northern Pac. Express Co., 41 N.W. 732, 5 Dakota 463, 1889 Dakota LEXIS 5 (Dakota 1889).

CHAPTER 8-08 Common Carriers of Persons

8-08-01. Carrier may make rules.

A common carrier of persons may make rules for the conduct of the common carrier’s business and may require passengers to conform to them if they are lawful, public, uniform in their application, and reasonable.

Source:

Civ. C. 1877, § 1270; R.C. 1895, § 4238; R.C. 1899, § 4238; R.C. 1905, § 5686; C.L. 1913, § 6249; R.C. 1943, § 8-0801.

Derivation:

Cal. Civ. C., 2186.

Cross-References.

Civil penalty for violation of statute, commission order or commission regulation, see § 49-07-01.1.

8-08-02. Obligation to carry luggage.

A common carrier of persons, unless the common carrier’s vehicle is fitted for the reception of passengers exclusively, shall receive and carry a reasonable amount of luggage for each passenger without any charge.

Source:

Civ. C. 1877, § 1264; R.C. 1895, § 4232; R.C. 1899, § 4232; R.C. 1905, § 5680; C.L. 1913, § 6243; R.C. 1943, § 8-0802.

Derivation:

Cal. Civ. C., 2180.

8-08-03. Luggage — Carriage and delivery.

A common carrier shall deliver every passenger’s luggage immediately upon the arrival of the passenger at the passenger’s destination, and unless the vehicle would be overcrowded or overloaded thereby, shall carry it on the same vehicle by which the common carrier carries the passenger to whom it belongs.

Source:

Civ. C. 1877, § 1267; R.C. 1895, § 4235; R.C. 1899, § 4235; R.C. 1905, § 5683; C.L. 1913, § 6246; R.C. 1943, § 8-0803.

Derivation:

Cal. Civ. C., 2183.

Notes to Decisions

Baggage.

A carrier of passengers is bound, unless there is reasonable ground for refusal, to take all persons applying for passage and their baggage within the prescribed limit, and it is responsible for the safe conveyance and delivery of packages and baggage, when duly delivered and accepted, unless prevented by an act of the public enemy, law, or irresistible, superhuman cause. Waldron v. Chicago & N.W.R.R., 46 N.W. 456, 1 Dakota 351 (1876).

8-08-04. Liability for luggage.

The liability of a carrier for luggage received by the carrier with a passenger is the same as that of a common carrier of property.

Source:

Civ. C. 1877, § 1266; R.C. 1895, § 4234; R.C. 1899, § 4234; R.C. 1905, § 5682; C.L. 1913, § 6245; R.C. 1943, § 8-0804.

Derivation:

Cal. Civ. C., 2182.

Collateral References.

Tort liability of carrier for theft by servant, 15 A.L.R.2d 829, 846.

Liability of air carrier for loss of or damage to passenger’s baggage or contents thereof, 25 A.L.R.2d 1352.

Railroad carrier’s liability for loss of baggage or effects accompanying passenger, 32 A.L.R.2d 630.

Baggage: carrier’s liability for loss of passenger’s baggage or packages, 68 A.L.R.2d 1350.

8-08-05. Carrier shall provide sufficient vehicles and seats.

A common carrier of persons shall provide a sufficient number of vehicles to accommodate all the passengers who can be reasonably expected to require carriage at any one time and shall provide every passenger with a seat. A common carrier of persons must not overload the common carrier’s vehicle by receiving and carrying more passengers than its rated capacity allows.

Source:

Civ. C. 1877, §§ 1268, 1269; R.C. 1895, §§ 4236, 4237; R.C. 1899, §§ 4236, 4237; R.C. 1905, §§ 5684, 5685; C.L. 1913, §§ 6247, 6248; R.C. 1943, § 8-0805.

Derivation:

Cal. Civ. C., 2184, 2185.

Cross-References.

Overcrowding prohibited, see § 8-02-04.

Collateral References.

Crowding: carrier’s liability to passenger for injury due to crowded condition of bus, or pushing or crowding of passengers therein, 26 A.L.R.2d 1219.

Overloading aircraft, liability for personal injury or death based on, 75 A.L.R.2d 868.

Liability of land carrier to passenger who becomes victim of third party’s assault on or about carrier’s vehicle or premises, 34 A.L.R.4th 1054.

Liability of land carrier to passenger who becomes victim of another passenger’s assault, 43 A.L.R.4th 189.

8-08-06. Vehicles to be disinfected — Misdemeanor. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

8-08-07. Fare — When payable.

A common carrier may demand the fare of passengers either at starting or at any subsequent time.

Source:

Civ. C. 1877, § 1271; R.C. 1895, § 4239; R.C. 1899, § 4239; R.C. 1905, § 5687; C.L. 1913, § 6250; R.C. 1943, § 8-0807.

Derivation:

Cal. Civ. C., 2187.

8-08-08. Ejection of passengers.

A passenger who refuses to pay the passenger’s fare or to conform to any lawful regulation of the carrier may be ejected from the vehicle by the carrier. This must be done with as little violence as possible and at any usual stopping place or near some dwelling house. After having ejected the passenger, a carrier has no right to require the payment of any part of that passenger’s fare.

Source:

Civ. C. 1877, §§ 1272, 1273; R.C. 1895, § 4240; R.C. 1899, § 4240; R.C. 1905, § 5688; C.L. 1913, § 6251; R.C. 1943, § 8-0808.

Derivation:

Cal. Civ. C., 2188, 2190.

Collateral References.

Employer’s liability for ejection from vehicle by taxicab or motorbus driver, 53 A.L.R.2d 720, 741.

Sleeping car company’s liability for ejection of passenger by employee, 60 A.L.R.2d 1115.

8-08-09. Carrier’s lien on luggage.

A common carrier has a lien upon the luggage of a passenger for the payment of such fare as the common carrier is entitled to from that passenger. This lien is regulated by title 35.

Source:

Civ. C. 1877, § 1274; R.C. 1895, § 4241; R.C. 1899, § 4241; R.C. 1905, § 5689; C.L. 1913, § 6252; R.C. 1943, § 8-0809.

Derivation:

Cal. Civ. C., 2191.

8-08-10. Taxis and buses must be equipped with shatterproof glass. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

8-08-11. Limitation on actions by common carriers.

A common carrier providing transportation subject to the jurisdiction of the public service commission shall begin a civil action to recover charges for transportation provided by the carrier within three years after the claim accrues.

Source:

S.L. 1979, ch. 149, § 1.

CHAPTER 8-09 Common Carriers of Property

8-09-01. Inland carrier’s liability — Exception.

Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable from the time that the common carrier accepts until that common carrier is relieved from liability pursuant to sections 8-03-05, 8-03-06, 8-03-07, and 8-03-08 for the loss or injury thereof from any cause whatever, except from:

  1. An inherent defect, vice, or weakness, or spontaneous action of the property itself;
  2. The act of a public enemy of the United States or of this state;
  3. The act of the law; or
  4. Any irresistible superhuman cause.

Source:

Civ. C. 1877, § 1275; R.C. 1895, § 4242; S.L. 1897, ch. 118, § 1; R.C. 1899, § 4242; R.C. 1905, § 5690; C.L. 1913, § 6253; R.C. 1943, § 8-0901.

Derivation:

Cal. Civ. C., 2194.

Cross-References.

Civil penalty for violation of statute, commission order or commission regulation, see § 49-07-01.1.

Damages for breach of carrier’s obligation to deliver freight, see § 32-03-16.

Notes to Decisions

Breach of Contract.

A prima facie case for recovery for loss for breach of contract is made by proof of delivery of the property to a carrier in sound condition and of failure of the carrier to redeliver it. Taugher v. Northern Pac. Ry., 21 N.D. 111, 129 N.W. 747, 1910 N.D. LEXIS 160 (N.D. 1910).

Common Carrier Liability.

A common carrier is liable for loss or injury to property for any cause whatever, except for specified causes not relevant to the case, from the time the carrier accepts the property until proper delivery; even when goods being transported by common carrier are initially damaged by an act of God or other cause for which the carrier is exempt from liability, the common carrier has a duty to minimize or mitigate damages to the property and is liable for failure to do so. Smith v. Watson, 406 N.W.2d 685, 1987 N.D. LEXIS 327 (N.D. 1987).

Where the damage to the owner’s bees, hives, and equipment resulted from a highway accident involving the common carrier’s driver, the cleanup and salvage operation for the accident was conducted through the efforts of the common carrier’s insurance company, and whatever cargo was salvageable was used as payment for the cleanup operation, the common carrier had the primary responsibility to retain the necessary personnel and machinery to effectuate a cleanup and salvage operation to minimize loss of or damage to the cargo. Smith v. Watson, 406 N.W.2d 685, 1987 N.D. LEXIS 327 (N.D. 1987).

Common Law Liability.

This section is in the main an enactment of the common law making common carriers insurers of property entrusted to them for transportation. Insofar as it varies from the common law it does so in favor of the carrier. The only defenses which the carrier can interpose, where property is lost in transit, are those named as exceptions relieving him from liability as an insurer, except in cases where there is a special contract. Duncan v. Great N. Ry., 17 N.D. 610, 118 N.W. 826, 1908 N.D. LEXIS 92 (N.D. 1908).

Condition in Shipping Receipt.

A condition in a receipt given to a shipper by an express company is not binding on the shipper if he does not sign the same. Hartwell v. Northern Pac. Express Co., 41 N.W. 732, 5 Dakota 463, 1889 Dakota LEXIS 5 (Dakota 1889).

Goods Left in Warehouse.

A railway company is not liable for goods delivered and receipted for by the owner though they are left in the warehouse by the consent of the baggageman and while they are lost. Mulligan v. Northern Pac. Ry., 29 N.W. 659, 4 Dakota 315, 1886 Dakota LEXIS 11 (Dakota 1886).

Unloading by Carrier.

A carrier who assumes the duty of unloading a load is liable for loss resulting from defective performance. Vantine Paint & Glass Co. v. Hart Motor Express, 101 N.W.2d 541, 1960 N.D. LEXIS 51 (N.D. 1960).

Collateral References.

Baggage: tort liability of carrier for theft by servant, 15 A.L.R.2d 829, 846.

Baggage: air carrier’s liability for loss of or damage to passengers’ baggage or contents thereof, 25 A.L.R.2d 1352.

Baggage: contributory negligence as affecting railroad carrier’s liability for loss of baggage or effects accompanying passenger, 32 A.L.R.2d 630.

Effect of derivation by carrier in transportation of property, 33 A.L.R.2d 145, 230.

Coverage of policy insuring motor carrier against liability for loss of or damage to shipped property, 36 A.L.R.2d 506.

Carrier’s liability for loss through weight deficiency of goods shipped, 39 A.L.R.2d 325, 329.

Liability of carrier by land for damage to goods shipped resulting from improper loading, 44 A.L.R.2d 993.

Flood or rain: carrier’s liability as warehouseman for injury to or destruction of stored goods from floods, heavy rains, or the like, 60 A.L.R.2d 1097.

Misdescription of goods by shipper as affecting carrier’s liability for loss or damage, 1 A.L.R.3d 736.

Packing: liability of carrier by land for damage to goods resulting from improper packing by carrier, 7 A.L.R.3d 723.

Public streets: liability for accident occurring in motor transportation of house or similar structure on public streets or highways, 9 A.L.R.3d 1436.

Insurance loans: validity of insurance loan as contingent upon nonliability of carrier, 13 A.L.R.3d 42.

Nonagency station: validity and construction of stipulation exempting carrier from liability for loss or damage to property at nonagency station, 16 A.L.R.3d 1111.

Validity, construction, and effect of provision in shipping contract that carrier shall have benefit of shipper’s insurance against loss or damage to shipment, 27 A.L.R.3d 984.

Petroleum products: liability in connection with fire or explosion incident to bulk storage, transportation, delivery, loading or unloading of petroleum products, 32 A.L.R.3d 1169.

8-09-02. When exceptions do not apply.

A common carrier is liable even in the cases excepted by section 8-09-01 if the common carrier’s negligence exposes the property to the cause of the loss.

Source:

Civ. C. 1877, § 1276; R.C. 1895, § 4243; R.C. 1899, § 4243; R.C. 1905, § 5691; C.L. 1913, § 6254; R.C. 1943, § 8-0902.

Derivation:

Cal. Civ. C., 2195.

8-09-03. Liability for delay.

A common carrier is liable for delay only when it is caused by the common carrier’s want of ordinary care and diligence.

Source:

Civ. C. 1877, § 1277; R.C. 1895, § 4244; R.C. 1899, § 4244; R.C. 1905, § 5692; C.L. 1913, § 6255; R.C. 1943, § 8-0903.

Derivation:

Cal. Civ. C., 2196.

Cross-References.

Damages for carrier’s delay, see § 32-03-17.

Collateral References.

Deviation by carrier in transportation of property, 33 A.L.R.2d 145, 230.

8-09-04. Valuables must be declared.

A common carrier of gold, silver, platinum, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state, of timepieces of any description, of negotiable paper or other valuable writings, or of pictures, glass, or chinaware, is not liable for more than fifty dollars upon the loss or injury of any one package of such articles, unless the common carrier has notice upon the common carrier’s receipt thereof by mark upon the package or otherwise of the nature of the freight.

Source:

Civ. C. 1877, § 1281; R.C. 1895, § 4247; R.C. 1899, § 4247; R.C. 1905, § 5695; C.L. 1913, § 6258; R.C. 1943, § 8-0904.

Derivation:

Cal. Civ. C., 2177, 2200.

8-09-05. Delivery of freight beyond usual route — Carrier exonerated.

If a common carrier accepts freight for a place beyond the common carrier’s usual route, the common carrier, unless the common carrier stipulates otherwise, shall deliver it at the end of the common carrier’s route in that direction to some other competent carrier carrying to the place of address or connected with those who thus carry, and the common carrier’s liability ceases upon making such delivery.

Source:

Civ. C. 1877, § 1282; R.C. 1895, § 4248; R.C. 1899, § 4248; R.C. 1905, § 5696; C.L. 1913, § 6259; R.C. 1943, § 8-0905.

Derivation:

Cal. Civ. C., 2201.

Notes to Decisions

Contract with Station Agent.

A station agent cannot contract to transport goods from a place distant from such station and distant from the company’s line without express or implied authority. Knapp v. Minneapolis S. P. & S. S. M. Ry., 34 N.D. 466, 159 N.W. 81, 1916 N.D. LEXIS 64 (N.D. 1916).

8-09-06. Must prove delivery to connecting carriers.

If freight addressed to a place beyond the usual route of the common carrier who first received it is lost or injured, the common carrier, within a reasonable time after demand for proof that the loss did not occur while the goods were under the common carrier’s control, shall give satisfactory proof to the consignor that the loss or injury did not occur while it was in the common carrier’s charge, or the common carrier will be liable therefor.

Source:

Civ. C. 1877, § 1283; R.C. 1895, § 4249; R.C. 1899, § 4249; R.C. 1905, § 5697; C.L. 1913, § 6260; R.C. 1943, § 8-0906.

Derivation:

Cal. Civ. C., 2202.

Notes to Decisions

Demand on Initial Carrier.

Where a person seeks to recover against the initial carrier for goods lost or injured while in the possession of a second connecting carrier, he must prove a demand on such initial carrier for satisfactory proof that the loss or injury did not occur while it was in its charge, and a failure of such carrier to furnish such proof. Assid v. Great N. Ry., 38 N.D. 270, 164 N.W. 949, 1917 N.D. LEXIS 31 (N.D. 1917).

8-09-07. Services other than carriage and delivery.

In respect to any service rendered by a common carrier about freight, other than its carriage and delivery, the common carrier’s rights and obligations are defined by titles 34 and 60.

Source:

Civ. C. 1877, § 1284; R.C. 1895, § 4250; R.C. 1899, § 4250; R.C. 1905, § 5698; C.L. 1913, § 6261; R.C. 1943, § 8-0907.

Derivation:

Cal. Civ. C., 2203.

8-09-08. Carriers cannot limit common-law liability.

Whenever any property is received by any common carrier to be transported from one place to another within this state, it is unlawful for the carrier to limit in any way, except as stated in the common carrier’s classification schedule, the common carrier’s common-law liability with reference to such property while in the common carrier’s custody as a common carrier. Such liability must include the absolute responsibility of the common carrier for the acts of the common carrier’s agents in relation to such property.

Source:

S.L. 1890, ch. 122, § 3; R.C. 1895, § 3020; R.C. 1899, § 3063; R.C. 1905, § 4375; C.L. 1913, § 4760; R.C. 1943, § 8-0908.

CHAPTER 8-10 Common Carriers of Messages

8-10-01. Telegraph company must maintain sufficient equipment.

All persons, corporations, and companies doing a public telegraph business within the state shall maintain sufficient wires and equipment to give prompt service and dispatch.

Source:

S.L. 1907, ch. 246, § 1; C.L. 1913, § 6264; R.C. 1943, § 8-1001.

Cross-References.

Civil penalty for violation of statute, commission order or commission regulation, see § 49-07-01.1.

8-10-02. Order of transmission and delivery of telegraph messages.

A carrier of messages by telegraph, if it is practicable, shall transmit every such message immediately upon its receipt and shall promptly deliver all messages received in any telegraph office within the state if it is in the power of the telegraph company to locate the party to whom the message is addressed. If this is not practicable and several messages accumulate upon the carrier’s hands, the carrier shall transmit and deliver them in the following order:

  1. Messages on public business from public agents of the United States or this state.
  2. Messages intended in good faith for immediate publication in newspapers and not for any secret use.
  3. Messages giving information relating to the sickness or death of any person.
  4. Other messages in the order in which they were received.

Source:

Civ. C. 1877, § 1285; R.C. 1895, § 4251; R.C. 1899, § 4251; R.C. 1905, § 5966; S.L. 1907, ch. 246, § 1; C.L. 1913, §§ 6263, 6264; R.C. 1943, § 8-1002.

Derivation:

Cal. Civ. C., 2207.

8-10-03. Order of transmission of messages other than telegraph.

A common carrier of messages otherwise than by telegraph shall transmit messages in the order in which the carrier receives them, except that priority must always be given to messages on public business from agents of the United States or this state. The carrier may fix upon certain times for the simultaneous transmission of messages previously received.

Source:

Civ. C. 1877, § 1286; R.C. 1895, § 4252; R.C. 1899, § 4252; R.C. 1905, § 5700; C.L. 1913, § 6269; R.C. 1943, § 8-1003.

Derivation:

Cal. Civ. C., 2208.

8-10-04. Damages when message is refused or delayed.

Every person whose message is refused, postponed, or delayed contrary to the provisions of sections 8-10-02 and 8-10-03 is entitled to recover from the carrier that person’s actual damages and additional damages for mental distress and anguish caused by the refusal, delay, or postponement.

Source:

Civ. C. 1877, § 1287; R.C. 1895, § 4253; R.C. 1899, § 4253; R.C. 1905, § 5701; S.L. 1913, ch. 283, § 1; C.L. 1913, § 6270; R.C. 1943, § 8-1004.

Derivation:

Cal. Civ. C., 2209.

Notes to Decisions

Actual Damages.

A complaint to recover damages for neglect to transmit and deliver message must allege actual damages. Russell v. Western Union Tel. Co., 19 N.W. 408, 3 Dakota 315, 1884 Dakota LEXIS 1 (Dakota 1884).

Limitation of Liability.

Tariff filed with public service commission and effective without further commission action under N.D.C.C. § 49-05-05, which limited telegraph company liability for failure to deliver unrepeated messages to $500 per telegram, was not contrary to this section; therefore, federal district court was without jurisdiction to determine claim by plaintiff sender who alleged damages suffered on account of failure by company to deliver two unrepeated messages, since the maximum value of the claim was less than the jurisdictional amount. Robert Gibb & Sons, Inc. v. Western Union Tel. Co., 428 F. Supp. 140, 1977 U.S. Dist. LEXIS 17019 (D.N.D. 1977).

8-10-05. Messages transmitted promptly.

All messages left at the office of any telegraph office must be transmitted promptly if said message is prepaid by the sender. In no case may a full-rate message remain at the telegraph office unsent more than thirty minutes except in case of accident to the lines or during severe storms.

Source:

S.L. 1907, ch. 246, § 2; C.L. 1913, § 6265; R.C. 1943, § 8-1005; S.L. 1975, ch. 431, § 1.

8-10-06. Transfer of messages. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

8-10-07. Unlawful use of telegraph or telephone lines. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

8-10-07.1. Telephone calls with intent to annoy — Misdemeanor. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

8-10-07.2. Unlawful use of telecommunications devices — Penalty.

A person is guilty of a class A misdemeanor if the person willfully:

  1. Makes or possesses any device adapted or which can be adapted to obtain telecommunications services, or to conceal from any supplier of telecommunications services the existence, place of origin, or the destination of any telecommunications;
  2. Sells, gives, or otherwise transfers to another, such a device; or
  3. Offers or advertises such a device for sale, or offers or advertises plans or instructions for making or assembling the same;

under circumstances evincing intent to use such a device, or to allow such a device, or plans or instructions therefor, to be used, or knowing or having reason to believe that the same is intended to be used to fraudulently obtain telecommunications services.

Source:

S.L. 1973, ch. 76, § 1; 1975, ch. 106, § 65.

Cross-References.

Traffic in intercepting devices, see § 12.1-15-03.

Collateral References.

Validity, construction and effect of state legislation making wire tapping a criminal offense, 74 A.L.R.2d 855.

Misuse of telephone as minor criminal offense, 97 A.L.R.2d 503.

Offense of obtaining telephone services by unauthorized use of another’s telephone number — state cases, 61 A.L.R.4th 1197.

8-10-07.3. Unlawful publication of telecommunications credit card numbers or codes.

Every person who willfully publishes the number or code of an existing, canceled, revoked, expired, or nonexistent credit card, or the numbering or coding which is employed in the issuance of credit cards, with the intent that it be used or with knowledge or reason to believe that it will be used to avoid the payment of any lawful telecommunications toll charge is guilty of a class A misdemeanor.

Source:

S.L. 1973, ch. 76, § 2; 1975, ch. 106, § 66.

Collateral References.

Offense of obtaining telephone services by unauthorized use of another’s telephone number — state cases, 61 A.L.R.4th 1197.

8-10-08. Injury to telephone and telegraph lines. [Repealed]

Repealed by S.L. 1975, ch. 106, § 673.

8-10-09. Disclosing telegraph and telephone messages — Penalty.

Every person who willfully obtains any knowledge of a telegraphic or telephonic message, by connivance with a clerk, operator, messenger, or other employee of a telegraph or telephone company, and every clerk, operator, messenger, or other employee who willfully divulges to any but the person for whom it was intended, the contents of any telephonic or telegraphic message entrusted to that person for transmission or delivery, or the nature thereof, or who willfully refuses or fails to duly transmit or deliver any such message, is guilty of a class A misdemeanor.

Source:

Pen. C. 1877, § 718; S.L. 1883, ch. 109, § 1; R.C. 1895, § 7584; R.C. 1899, § 7584; R.C. 1905, § 9343; C.L. 1913, § 10078; S.L. 1931, ch. 127, § 1; R.C. 1943, § 8-1009; S.L. 1975, ch. 106, § 67.

Cross-References.

Interception of correspondence, see § 12.1-15-05.

Interception of wire or oral communications, eavesdropping, see § 12.1-15-02.

Collateral References.

Validity, construction and effect of state legislation making wire tapping a criminal offense, 74 A.L.R.2d 855.

Disclosure of telegram as invasion of right of privacy, 57 A.L.R.3d 16.

Eavesdropping as violating right of privacy, 11 A.L.R.3d 1296.

Eavesdropping on extension telephone as invasion of privacy, 49 A.L.R.4th 430.

8-10-10. Secreting telegraphic dispatch.

Every person having in that person’s possession any telegraphic dispatch addressed to another, who willfully secretes, conceals, or suppresses it, is guilty of a class A misdemeanor.

Source:

Pen. C. 1877, § 719; R.C. 1895, § 7585; R.C. 1899, § 7585; R.C. 1905, § 9344; C.L. 1913, § 10079; R.C. 1943, § 8-1010; S.L. 1975, ch. 106, § 68.

8-10-11. Interruption of telecommunications in kidnapping or hostage emergency — Duty of telecommunications company to assist — Prohibited communications — Penalty.

  1. As used in this section, “peace officer” has the same meaning as in section 12.1-01-04.
  2. A peace officer with supervisory control over an incident in which that peace officer has probable cause to believe that an individual could suffer injury or death as a result of the incident may order a telecommunications company to cut, reroute, or divert telecommunications transmissions for the purpose of controlling communications. Nothing in this section may deny the telecommunications company reimbursement for the value of services provided in or damage resulting from compliance with the supervising peace officer’s order.
  3. Each telecommunications company shall designate an employee to serve as a security official and to provide assistance as required by the supervising peace officer under this section.
  4. An individual may not initiate telecommunications with a suspected violator if that individual knows that an order has been issued under subsection 2. Violation of this subsection is a class B misdemeanor.

Source:

S.L. 1985, ch. 138, § 1; 1997, ch. 100, § 1.

Collateral References.

Liability of otherwise uninvolved person for harm resulting from refusal to telephone, or to allow another to telephone, for emergency or police help, 37 A.L.R.4th 1196.

8-10-12. Exemption from liability for interruption of telephone communications.

Good-faith reliance on an order issued under section 8-10-11 is a complete defense to any legal action brought for interruption of telephone communications occurring because of section 8-10-11.

Source:

S.L. 1985, ch. 138, § 2.

Collateral References.

Liability of otherwise uninvolved person for harm resulting from refusal to telephone, or to allow another to telephone, for emergency or police help, 37 A.L.R.4th 1196.

CHAPTER 8-11 Midwest Interstate Passenger Rail Compact [Expired]

[Expired pursuant to S.L. 2001, ch. 106, § 2]

CHAPTER 8-11.1 Midwest Interstate Passenger Rail Compact

8-11.1-01. Midwest interstate passenger rail compact.

The midwest interstate passenger rail compact is enacted by this state and entered with all other states legally joining therein in the form substantially as follows:

Source:

S.L. 2005, ch. 96, § 1.

ARTICLE I STATEMENT OF PURPOSE

The purposes of this compact are, through joint or cooperative action:

  1. To promote development and implementation of improvements to intercity passenger rail service in the midwest;
  2. To coordinate interaction among midwestern state-elected officials and their designees on passenger rail issues;
  3. To promote development and implementation of long-range plans for high-speed rail passenger service in the midwest and among the regions of the United States;
  4. To work with the public and private sectors at the federal, state, and local levels to ensure coordination among the various entities having an interest in passenger rail service and to promote midwestern interests regarding passenger rail; and
  5. To support efforts of transportation agencies involved in developing and implementing passenger rail service in the midwest.
    1. Advocate for the funding and authorization necessary to make passenger rail improvements a reality for the region;
    2. Identify and seek to develop ways that states can form partnerships, including with rail industry and labor, to implement improved passenger rail in the region;
    3. Seek development of a long-term, interstate plan for high-speed rail passenger service implementation;
    4. Cooperate with other agencies, regions, and entities to ensure that the midwest is adequately represented and integrated into national plans for passenger rail development;
    5. Adopt bylaws governing the activities and procedures of the commission and addressing the powers and duties of officers, the voting rights of commission members, voting procedures, commission business, and any other purposes necessary to fulfill the duties of the commission;
    6. Expend funds as required to carry out the powers and duties of the commission; and
    7. Report on the activities of the commission to the governor of each member state on an annual basis.
    8. Contract for or provide services;
    9. Assess dues, in accordance with the terms of this compact;
    10. Conduct research; and
    11. Establish communities.

ARTICLE II COMMISSION

To further the purposes of the compact, a commission is created to carry out the duties specified in this compact.

ARTICLE III MEMBERSHIP

1. The manner of appointment of commission members, terms of office consistent with the terms of this compact, provisions for removal and suspension, and manner of appointment to fill vacancies must be determined by each party state pursuant to its laws, but each commissioner must be a resident of the state of appointment. Commission members shall serve without compensation from the commission.

2. The commission consists of four resident members of each state as follows: the governor or the governor’s designee, who shall serve during the tenure of office of the governor, or until a successor is named; one member of the private sector, appointed by the governor to serve during the tenure of the office of the governor, or until a successor is named; and two legislators, one from each house appointed by the chairman of the legislative council to serve two-year terms, or until successors are appointed. All vacancies must be filled in accordance with the laws of the appointing states. Any commissioner appointed to fill a vacancy shall serve until the end of the incomplete term. Each member state must have equal voting privileges, as determined by the commission bylaws.

ARTICLE IV POWERS AND DUTIES

1. The duties of the commission are to:

2. In addition to its exercise of these duties, the commission is empowered to:

a. Provide multistate advocacy necessary to implement passenger rail systems or plans, as approved by the commission;

b. Work with local elected officials, economic development planning organizations, and similar entities to raise the visibility of passenger rail service benefits and needs;

c. Educate other state officials, federal agencies, other elected officials, and the public on the advantages of passenger rails as an integral part of an intermodal transportation system in the region;

d. Work with federal agency officials and members of Congress to ensure the funding and authorization necessary to develop a long-term interstate plan for high-speed rail passenger service implementation;

e. Make recommendations to member states;

f. If requested by each state participating in a particular project and under the terms of a formal agreement approved by the participating states and the commission, implement or provide overview for specific rail projects;

g. Establish an office and hire staff as necessary;

ARTICLE V OFFICERS

The commission annually shall elect from among its members a chairman, a vice chairman who is not a resident of the state represented by the chairman, and others as approved in the commission bylaws. The officers shall perform functions and exercise powers as are specified in the commission bylaws.

ARTICLE VI MEETINGS AND ADMINISTRATION

The commission shall meet at least once in each calendar year and at other times as may be determined by the commission. Commission business must be conducted in accordance with the procedures and voting rights specified in the bylaws.

ARTICLE VII FINANCE

Except as otherwise provided, the moneys necessary to finance the general operations of the commission in exercising its duties, responsibilities, and powers must be appropriated to the commission by the compacting states, when authorized by the respective legislatures, by equal apportionment among the compacting states. This compact does not commit a member state to participate in financing a rail project except as provided by law of a member state.

The commission may accept, for any of its purposes and functions, donations, gifts, grants, and appropriations of money, equipment, supplies, materials, and services from the federal government, from any party state or from any state agency or political subdivision, or from any person. All expenses incurred by the commission must be paid by the commission out of the funds available to it. The commission may not issue any debt instrument. The commission shall submit to the officer designated by the laws of each party state, periodically as required by the laws of each party state, a budget of its actual past and estimated future expenditures.

ARTICLE VIII ENACTMENT, EFFECTIVE DATE, AND AMENDMENTS

The states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin are eligible to join this compact. Upon approval of the commission, according to its bylaws, other states may be declared eligible to join the compact. As to any eligible party state, this compact becomes effective when its legislature has enacted the same into law; provided that it may not become initially effective until enacted into law by any three party states. Amendments to the compact become effective upon their enactment by the legislatures of all compacting states.

ARTICLE IX WITHDRAWAL, DEFAULT, AND TERMINATION

Withdrawal from this compact must be by enactment of a statute repealing the compact and must take effect one year after the effective date of the repeal. A withdrawing state is liable for any obligations that it may have incurred before the effective date of withdrawal. If any compacting state at any time defaults in the performance of any of its obligations, assumed or imposed, in accordance with this compact, all rights, privileges, and benefits conferred by this compact or agreements under this compact must be suspended from the effective date of the default as fixed by the commission and the commission shall stipulate the conditions and maximum time for compliance under which the defaulting state may resume its regular status. Unless the default is remedied under the stipulations and within the time period set by the commission, this compact may be terminated with respect to the defaulting state by affirmative vote of a majority of the other commission members. Any defaulting state may be reinstated, upon vote of the commission, by performing all acts and obligations as stipulated by the commission.

ARTICLE X CONSTRUCTION AND SEVERABILITY

The provisions of this compact are severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any compacting state or of the United States or the applicability to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability to any government, agency, person, or circumstance is not affected. If this compact is held contrary to the constitution of any compacting state, the compact remains in effect as to the remaining states and in effect as to the state affected as to all severable matters. This compact must be liberally construed to effectuate its purposes.

8-11.1-02. Amount of dues assessed by commission — Negotiation.

North Dakota’s commission members may negotiate a lower amount of any dues imposed by the commission based upon anticipated North Dakota commission-related activities. If the commission does not approve a lower amount of dues, the department of transportation may withhold the dues payment until the next legislative assembly addresses the issue.

Source:

S.L. 2007, ch. 12, § 8.

Effective Date.

This section became effective July 1, 2007.

CHAPTER 8-12 Autonomous Vehicles

Source:

S.L. 2019, HB1418, § 1, eff August 1, 2019.

8-12-01. Definitions.

As used in the chapter:

  1. “Autonomous vehicle” means a vehicle equipped with an automated driving system.
  2. “Client” means a person requesting service from an on-demand autonomous vehicle network. The term includes a passenger, a shipper, as defined by section 41-07-02, a person entitled under the document, as defined by section 41-07-02, or similar individual or commercial enterprise.
  3. “On-demand autonomous vehicle network” means a transportation service network that uses a software application or other digital means to dispatch or otherwise enable the prearrangement of transportation with autonomous vehicles for purposes of transporting persons or goods, including for-hire transportation, transportation for compensation, and public transportation.

Source:

S.L. 2019, ch. 302, § 1, eff August 1, 2019.

8-12-02. General provisions.

  1. Notwithstanding any other provision of law, a person may operate an on-demand autonomous vehicle network. An on-demand autonomous vehicle network may provide transportation of persons or goods, including:
    1. For-hire transportation;
    2. Public transportation; and
    3. Transportation for multiple passengers who agree to share the ride.
  2. An on-demand autonomous vehicle network may connect passengers to autonomous vehicles without human drivers in compliance with subsection 3 of section 39-01-01.2 exclusively, or  as part of a digital network that also connects passengers to human drivers who provide transportation services, consistent with applicable law.
  3. Unless otherwise provided in this chapter and notwithstanding any other provision of law, autonomous vehicles and automated driving systems without human drivers are governed by subsection 3 of section 39-01-01.2.
    1. A state agency or political subdivision may not impose requirements, including performance standards specific to the operation of an autonomous vehicle or automated driving systems without human drivers in compliance with subsection 3 of section 39-01-01.2.
    2. A state or local agency or political subdivision may not impose a tax, fee, or other requirement specific to the operation of an autonomous vehicle that is in compliance with subsection 3 of section 39-01-01.2, an automated driving system, or an on-demand vehicle network. This prohibition does not affect vehicle registration and titling fees otherwise required by law.
  4. This chapter may not be construed to modify, limit, or restrict any statutory provision affecting liability, including chapter 26.1-40, 26.1-41, 28-01.3, 32-03.2, or 39-16.1.

Source:

S.L. 2019, ch. 302, § 1, eff August 1, 2019.