39-01-01. Definitions. [Effective through August 31, 2022]

In this title, unless the context or subject matter otherwise requires:

1. “"Appropriate licensed addiction treatment program" means an addiction treatment program conducted by an addiction facility licensed by the department of human services or conducted by a licensed individual specifically trained in addiction treatment
2. “Authorized emergency vehicles”:
   1. “Class A” authorized emergency vehicles means:
      1. Vehicles of a governmentally owned fire department.
      2. Vehicles when operated by or under the control of a police officer having authority to enforce the provisions of this title or by a salaried employee of a municipal police department within the municipality or by a sheriff or deputy sheriff not including special deputy sheriffs, or by the director of the department of corrections and rehabilitation and the director’s authorized agents who have successfully completed training in the operation of class A authorized emergency vehicles.
      3. Vehicles clearly identifiable as property of the department of corrections and rehabilitation when operated or under the control of the director of the department of corrections and rehabilitation.
      4. Ambulances and other vehicles authorized by licensure granted under chapter 23-27.
      5. Vehicles operated by or under the control of the director, district deputy director, or a district deputy game warden of the game and fish department.
      6. Vehicles owned or leased by the United States and used for law enforcement purposes.
      7. Vehicles designated for the use of the adjutant general or assistant adjutant general in cases of emergency.
      8. Vehicles operated by or under the control of the director of the parks and recreation department.
      9. Vehicles operated by or under the control of a licensed railroad police officer and used for law enforcement purposes.
      10. Vehicles operated by or under the control of the state forester.
      11. Vehicles operated by or under the control of the bureau of criminal investigation and used for law enforcement purposes.
      12. Vehicles operated by or under the state department of health in cases of emergencies.
      13. Vehicles used or operated by governmental search and rescue personnel while performing emergency operations or duties. As used in this paragraph, "search and rescue" means deployment, coordination, and use of available resources and personnel in locating, relieving the distress, and preserving the life of and removing an individual who is missing, trapped, or lost in the back country, remote areas, or waters of the state. The term includes water and dive rescue.
   2. “Class B” authorized emergency vehicles means wreckers and such other emergency vehicles as are authorized by the local authorities.
   3. “Class C” authorized emergency vehicles means:
      1. Vehicles used by the state division of homeland security or local division of emergency management organizations.
      2. Vehicles used by volunteer firefighters while performing their assigned disaster and emergency responsibilities.
      3. Vehicles, other than ambulances, used by emergency medical services personnel.
      4. Vehicles used by volunteer search and rescue personnel if performing an emergency operation or duty upon the request of a state entity, political subdivision, or volunteer fire department. A volunteer organization may classify a personal vehicle as a class C emergency vehicle if needed to assist in a search and rescue operation in accordance with this paragraph. As used in this paragraph, "search and rescue" means deployment, coordination, and use of available resources and personnel in locating, relieving the distress, and preserving the life of and removing an individual who is missing, trapped, or lost in the backcountry, remote areas, or waters of the state. The term includes water and dive rescue.
3. “Bicycle” means every device propelled solely by human power upon which any person may ride, having two tandem wheels or two parallel wheels and one forward or rearward wheel. The term includes an electric bicycle.
4. “Bus” means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. Provided, every motor vehicle designed for carrying not more than fifteen persons and used for a ridesharing arrangement, as defined in section 8-02-07, is not a “bus”.
5. “Business district” means the territory contiguous to a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet [91.44 meters] or more is occupied by buildings in use for business.
6. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
7. “Cancellation” means a license is annulled and terminated because of an error or defect or because the licensee is no longer entitled to the operator’s license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after the cancellation.
8. “Child restraint system” means a specifically designed device, built-in seating system, or belt-positioning booster that meets the federal motor vehicle safety standards and is permanently affixed to a motor vehicle, is affixed to the vehicle by a safety belt or universal attachment system, or is combined with a federally compliant safety belt system.
9. “Commercial freighting” means the carriage of things other than passengers, for hire, except that such term does not include:
   1. The carriage of things other than passengers within the limits of the same city;
   2. Carriage by local dray lines of baggage or goods to or from a railroad station from or to places in such city or in the immediate vicinity thereof, in this state, and not to exceed two miles [3.22 kilometers] from the corporate or recognized limits of said city; or
   3. Hauling done by farmers for their neighbors in transporting agricultural products to or from market.
10. “Commercial passenger transportation” means the carriage of passengers for hire, except that the term does not include:
    1. The carriage of passengers within the limits of a city.
    2. The carriage by local buslines of passengers to or from a railroad station from or to places within any city or within two miles [3.22 kilometers] of the limits of the city.
    3. The carriage of passengers under a ridesharing arrangement, as defined in section 8-02-07.
11. “Commissioner” means the director of the department of transportation of this state, acting directly or through authorized agents as provided by section 24-02-01.3.
12. “Controlled-access highway” means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
13. “Conviction” means a final order or judgment or conviction by the North Dakota supreme court, any lower court having jurisdiction, a tribal court, or a court in another state if an appeal is not pending and the time for filing a notice of appeal has elapsed. Subject to the filing of an appeal, the term includes:
    1. An imposed and suspended sentence;
    2. A deferred imposition of sentence under subsection 4 of section 12.1-32-02; or
    3. A forfeiture of bail or collateral deposited to secure a defendant’s appearance in court and the forfeiture has not been vacated.
14. “Crosswalk” means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
15. “Dealer” means every person, partnership, corporation, or limited liability company engaged in the business of buying, selling, or exchanging motor vehicles, or who advertises, or holds out to the public as engaged in the buying, selling, or exchanging of motor vehicles, or who engages in the buying of motor vehicles for resale. Any person, partnership, corporation, limited liability company, or association doing business in several cities or in several locations within a city must be considered a separate dealer in each such location.
16. “Department” means the department of transportation of this state as provided by section 24-02-01.1.
17. “Director” means the director of the department of transportation of this state as provided by section 24-02-01.3.
18. “Driver” means every person who drives or is in actual physical control of a vehicle.
19. “Electric bicycle” means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of seven hundred fifty or fewer watts which meets the requirements of one of the following three classes:
    1. A class 1 electric bicycle if the motor provides assistance only when the individual is pedaling and the motor ceases to provide assistance when a speed of twenty miles [32 kilometers] per hour is achieved.
    2. A class 2 electric bicycle if the motor is capable of propelling the bicycle without the individual pedaling and the motor ceases to provide assistance when a speed of twenty miles [32 kilometers] per hour is achieved.
    3. A class 3 electric bicycle if the motor provides assistance only when the individual is pedaling and the motor ceases to provide assistance when a speed of twenty-eight miles [45 kilometers] per hour is achieved.
20. “Electronic communication device” means an electronic device, including a wireless telephone, personal digital assistant, a portable or mobile computer or other device, and video display equipment. The term does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.
21. “Essential parts” means all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation and includes all integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
22. “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or by destroying life or limb.
23. “Farm tractor” includes every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry.
24. “Farm trailer” includes those trailers and semitrailers towed by a bona fide resident farmer hauling the farmer’s own agricultural, horticultural, dairy, and other farm products if the gross weight, not including the towing vehicle, does not exceed twenty-four thousand pounds [10886.22 kilograms].
25. “Fifth-wheel travel trailer” means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle.
26. “Flammable liquid” means any liquid which has a flash point of seventy degrees Fahrenheit [21.11 degrees Celsius], or less, as determined by a tagliabue or equivalent closed-cup test device.
27. “Foreign vehicle” means every motor vehicle which is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this state.
28. “Gross weight” means the weight of a vehicle without load plus the weight of any load thereon.
29. “Guest” means and includes a person who accepts a ride in any vehicle without giving compensation therefor.
30. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and of every way privately maintained within a mobile home park, trailer park, or campground containing five or more lots for occupancy by mobile homes, travel trailers, or tents when any part thereof is open for purposes of vehicular travel.
31. “House car” or “motor home” means a motor vehicle which has been reconstructed or manufactured primarily for private use as a temporary or recreational dwelling and having at least four of the following permanently installed systems:
    1. Cooking facilities.
    2. Icebox or mechanical refrigerator.
    3. Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both.
    4. Self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both.
    5. Heating or air-conditioning system, or both, separate from the vehicle engine or the vehicle engine electrical system.
    6. A 110-115 volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply.
32. “Implement of husbandry” means every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highway.
33. “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet [9.14 meters] or more apart, then every crossing of each roadway of such divided highway by an intersecting highway must be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet [9.14 meters] or more apart, then every crossing of two roadways of such highways must be regarded as a separate intersection.
34. “Intoxicating liquor” means and includes any beverage containing alcohol.
35. “Judgment” means any judgment which has become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state of the United States, upon a claim for relief arising out of ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a claim for relief on an agreement of settlement for such damages.
36. “Legal owner” means a person who holds the legal title to a vehicle.
37. “Licensed health care provider” means doctor of medicine, doctor of osteopathy, doctor of chiropractic, optometrist, psychologist, advanced practice registered nurse, or physician assistant who is licensed, certified, or registered in accordance with laws and regulations in this or another state.
38. “Lienholder” means a person holding a security interest in a vehicle.
39. “Local authorities” includes every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state.
40. “Mail” means to deposit mail properly addressed and with postage prepaid with the United States postal service.
41. “Manifest injustice” means a specific finding by the court that the imposition of sentence is unreasonably harsh or shocking to the conscience of a reasonable person, with due consideration of the totality of circumstances.
42. “Manufactured home” means a structure, transportable in one or more sections, that, in the traveling mode, is eight body feet [2.44 meters] or more in width or forty body feet [12.19 meters] or more in length, or, when erected onsite, is three hundred twenty square feet [29.73 square meters] or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this subsection except the size requirements and with respect to whether the manufacturer voluntarily files a certification required by the United States secretary of housing and urban development and complies with the standards established under title 42 of the United States Code.
43. “Manufacturer” means any person who manufactures, assembles, or imports and sells new motor vehicles to new motor vehicle dealers for resale in the state; but such term does not include a person who assembles or specially builds interior equipment on a completed vehicle supplied by another manufacturer, distributor, or supplier.
44. “Metal tires” includes all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material except that this provision does not apply to pneumatic tires.
45. “Mobile home” means a structure, either single or multisectional, which is built on a permanent chassis, ordinarily designed for human living quarters, either on a temporary or permanent basis, owned or used as a residence or place of business of the owner or occupant, which is either attached to utility services or is twenty-seven feet [8.23 meters] or more in length.
46. “Modular unit” includes every factory fabricated transportable building unit designed to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes.
47. “Motor vehicle” includes every vehicle that is self-propelled, every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, and, for purposes of motor vehicle registration, title registration, and operator’s licenses, motorized bicycles. The term does not include a snowmobile as defined in section 39-24-01 or an electric bicycle.
48. “Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding implements of husbandry. The term does not include an electric bicycle.
49. “Motorized bicycle” means a vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion or footrests for use by the operator, a power source providing up to a maximum of two brake horsepower having a maximum piston or rotor displacement of 3.05 cubic inches [49.98 milliliters] if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed thirty miles [48.28 kilometers] per hour on a level road surface, and a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged, and the vehicle may not have a width greater than thirty-two inches [81.28 centimeters]. The term does not include an electric bicycle.
50. “Motor-powered recreational vehicle” means a motorcycle, unconventional vehicle, or off-highway vehicle as defined in section 39-29-01, or a snowmobile as defined in section 39-24-01. The term does not include an electric bicycle.
51. “Nonresident” means any person who is not a resident of this state.
52. “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in this state.
53. “Official traffic-control devices” means all signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
54. “Operator” means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
55. “Operator’s license”, “driver’s license”, or “license to operate a motor vehicle” means any operator’s or driver’s license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
    1. Any temporary license or instruction permit;
    2. The privilege of any person to drive a motor vehicle whether such person holds a valid license; or
    3. Any nonresident’s operating privilege as defined in this section.
56. “Owner” means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
57. “Park”, when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
58. “Passenger motor vehicle” means every motor vehicle designed principally for the transportation of persons and includes vehicles which utilize a truck chassis, but have a seating capacity for four or more passengers.
59. “Pedestrian” means any person afoot.
60. “Person” includes every natural person, firm, copartnership, association, corporation, or limited liability company.
61. “Pneumatic tires” includes all tires inflated with compressed air.
62. “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
63. “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
64. “Primary source identity document” means documentary evidence of an individual’s name, date of birth, and legal presence required in chapters 39-06 and 39-06.2 related to the issuance of permits, licenses, and nondriver photo identification cards, and retained in the driver record.
65. “Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
66. “Proof of financial responsibility” means proof of ability to respond in damages for liability, on account of accidents occurring after the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amount of twenty-five thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
67. “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
68. “Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
69. “Reconstructed vehicle” means any vehicle, of a type required to be registered, materially altered from its original construction by the removal, addition, or substitution of new or used essential parts.
70. “Recreational vehicle” means any motorcycle not qualified for registration, off-highway vehicle, snowmobile, vessel, or personal watercraft. The term does not include an electric bicycle.
71. “Residence district” means territory contiguous to a highway not comprising a business district, when the frontage on such highway for a distance of three hundred feet [91.44 meters] or more is occupied mainly by dwellings, or by dwellings and buildings in use for business.
72. “Revocation” means that the operator’s license is terminated and may not be renewed or restored, except on application for a new license presented to and acted upon by the director after the expiration of the period of revocation.
73. “Right of way” means the privilege of the immediate use of a roadway.
74. “Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
75. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term “roadway” as used herein refers to any such roadway separately but not to all such roadways collectively.
76. “Saddle mount” means placing the front wheels of the drawn vehicle upon the bed of the drawing vehicle.
77. “Safety zone” means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set aside as a safety zone.
78. “Salvage certificate of title” means a document issued by the department for purposes of proof of ownership of a salvage or destroyed vehicle and not acceptable for motor vehicle registration purposes.
79. “Schoolbus” means a motor vehicle designed or used to carry more than ten passengers in addition to the driver, and is used for the purpose of transporting preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-related events. For the purposes of chapter 39-21, "schoolbus" means any motor vehicle that is owned or leased by a public or governmental agency and used to transport, preprimary, primary, or secondary school students to or from school or to or from school-related events, or is privately owned and operated for compensation to transport preprimary, primary, or secondary school students to or from school or to or from school-related events. Schoolbus does not include a bus used as a common carrier.
80. “Semitrailer” includes every vehicle of the trailer type so designed and used in conjunction with a truck or truck tractor that some part of its own weight and that of its own load rests upon or is carried by a truck or truck tractor, except that it does not include a “housetrailer” or “mobile home”.
81. “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
82. “Solid tire” includes every tire made of rubber or other resilient material other than a pneumatic tire.
83. “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway.
84. “Specially constructed vehicle” means any vehicle which was not constructed originally under the distinct name, make, model, or type by a generally recognized manufacturer of vehicles.
85. “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
86. “State” means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada.
87. “Stop”, when required, means complete cessation from movement.
88. “Stop” or “stopping”, when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
89. “Street” means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
90. “Superintendent” means the superintendent of the North Dakota state highway patrol, acting directly or through authorized employees of the superintendent.
91. “Suspension” means that the operator’s license is temporarily withdrawn but only during the period of the suspension.
92. “Through highway” means every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway and in obedience to either a stop sign or yield sign, when such signs are erected by law.
93. “Trackless trolley coach” means every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
94. “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel.
95. “Traffic-control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
96. “Trailer” includes every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle, except that it does not include a “housetrailer” or “mobile home”, which terms mean a vehicle as defined in this subsection which is designed and intended for use as living or sleeping quarters for people and which is not used for commercial hauling of passengers.
97. “Travel trailer” means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of such size or weight as not to require a special highway movement permit when towed by a motorized vehicle.
98. “Truck” includes every motor vehicle designed, used, or maintained primarily for transportation of property.
99. “Truck camper” means a portable unit that is constructed to provide temporary living quarters for recreational, camping, or travel use; consists of a roof, floor, and sides; and is designed to be loaded onto and unloaded from the bed of a pickup truck.
100. “Truck tractor” includes every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
101. “Urban district” means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet [30.48 meters] for a distance of a quarter of a mile [402.34 meters] or more.
102. “Used vehicle” means a motor vehicle which has been sold, bargained, exchanged, given away, or the title to which has been transferred to another, by the person who first acquired it from the manufacturer or importer, dealer, or agent of the manufacturer or importer.
103. “Vehicle” includes every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. The term does not include an electric bicycle.

Source: S.L. 1927, ch. 162, § 1; 1927, ch. 179, § 1; 1927, ch. 180, § 1; 1931, ch. 186, § 1; 1931, ch. 187, § 1; 1933, ch. 160, § 1; 1933, ch. 162, § 1; 1939, ch. 167, §§ 1 to 5; R.C. 1943, § 39-0101; S.L. 1955, ch. 237, §§ 1, 67; 1957 Supp., § 39-0101; S.L. 1959, ch. 286, § 12; 1959, ch. 287, § 2; 1959, ch. 288, § 1; 1963, ch. 253, § 1; 1963, ch. 264, § 2; 1963, ch. 265, §§ 1, 7; 1963, ch. 277, § 1; 1963, ch. 283, § 2; 1963, ch. 405, § 2; 1965, ch. 261, § 1; 1965, ch. 262, § 1; 1965, ch. 263, § 1; 1965, ch. 264, § 1; 1969, ch. 333, § 1; 1969, ch. 343, § 3; 1975, ch. 322, § 1; 1975, ch. 349, § 2; 1977, ch. 326, § 1; 1977, ch. 327, §§ 1, 2; 1977, ch. 328, § 1; 1977, ch. 376, § 1; 1979, ch. 187, § 73; 1979, ch. 401, § 1; 1979, ch. 402, §§ 1, 2; 1979, ch. 403, §§ 1 to 3; 1979, ch. 404, § 1; 1981, ch. 131, § 8; 1981, ch. 378, § 1; 1983, ch. 414, § 1; 1983, ch. 415, § 3; 1983, ch. 416, § 1; 1985, ch. 82, § 98; 1985, ch. 412, § 1; 1985, ch. 413, § 1; 1987, ch. 438, § 1; 1987, ch. 439, § 1; 1989, ch. 72, §§ 13, 25; 1989, ch. 442, § 1; 1991, ch. 640, § 7; 1993, ch. 54, § 106; 1993, ch. 80, § 7; 1993, ch. 375, § 1; 1997, ch. 323, § 1; 1997, ch. 324, § 1; 1997, ch. 325, § 1; 1999, ch. 330, §§ 1, 2; 2003, ch. 307, §§ 1, 2; 2003, ch. 322, § 3; 2005, ch. 16, § 25; 2005, ch. 340, § 2; 2005, ch. 344, § 1; 2007, ch. 315, § 1; 2007, ch. 343, § 1; 2011, ch. 271, § 1; 2011, ch. 272, § 1; 2011, ch. 266, § 1; 2013, ch. 281, § 1; 2013, ch. 291, §§ 1, 2; 2013, ch. 307, §§ 1, 2; 2015, ch. 276, § 3, effective April 20, 2015; 2017, ch. 255, § 1, effective August 1, 2017; 2017, ch. 256, § 1, effective August 1, 2017; 2021, ch. 278, § 1, effective August 1, 2021; 2021, ch. 279, § 1, effective August 1, 2021; 2021, ch. 280, § 1, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 276, S.L. 2015 became effective April 20, 2015, pursuant to an emergency clause in section 12 of chapter 276, S.L. 2015.

Note.

Section 39-01-01 was amended 4 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 279, Session Laws 2021, Senate Bill 2329; Section 1 of Chapter 278, Session Laws 2021, House Bill 1148; Section 351 of Chapter 352, Session Laws 2021, House Bill 1247; and Section 1 of Chapter 280, Session Laws 2021, Senate Bill 2097.

Section 39-01-01 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 256, Session Laws 2017, House Bill 1128; and Section 1 of Chapter 255, Session Laws 2017 House Bill 1105.

Cross-References.

Definition of “conviction”, operators’ licenses, see § 39-06-30.

Definition of suspension, revocation and cancellation, operators’ licenses, see § 39-06-23.

Definitions relating to disposition of traffic offenses, see §§ 39-06.1-01, 39-06.1-08, 39-06.1-09.

Definitions relating to motor vehicle title registration, see § 39-05-01.

General penalty for violation of title, infraction, see § 39-07-06.

Penalty for violation of chapter, misdemeanor, see § 39-01-07.

39-01-01. Definitions. [Effective September 1, 2022]

In this title, unless the context or subject matter otherwise requires:

1. “"Appropriate licensed addiction treatment program" means an addiction treatment program conducted by an addiction facility licensed by the department of human services or conducted by a licensed individual specifically trained in addiction treatment
2. “Authorized emergency vehicles”:
   1. “Class A” authorized emergency vehicles means:
      1. Vehicles of a governmentally owned fire department.
      2. Vehicles when operated by or under the control of a police officer having authority to enforce the provisions of this title or by a salaried employee of a municipal police department within the municipality or by a sheriff or deputy sheriff not including special deputy sheriffs, or by the director of the department of corrections and rehabilitation and the director’s authorized agents who have successfully completed training in the operation of class A authorized emergency vehicles.
      3. Vehicles clearly identifiable as property of the department of corrections and rehabilitation when operated or under the control of the director of the department of corrections and rehabilitation.
      4. Ambulances and other vehicles authorized by licensure granted under chapter 23-27.
      5. Vehicles operated by or under the control of the director, district deputy director, or a district deputy game warden of the game and fish department.
      6. Vehicles owned or leased by the United States and used for law enforcement purposes.
      7. Vehicles designated for the use of the adjutant general or assistant adjutant general in cases of emergency.
      8. Vehicles operated by or under the control of the director of the parks and recreation department.
      9. Vehicles operated by or under the control of a licensed railroad police officer and used for law enforcement purposes.
      10. Vehicles operated by or under the control of the state forester.
      11. Vehicles operated by or under the control of the bureau of criminal investigation and used for law enforcement purposes.
      12. Vehicles operated by or under the state department of health in cases of emergencies.
      13. Vehicles used or operated by governmental search and rescue personnel while performing emergency operations or duties. As used in this paragraph, "search and rescue" means deployment, coordination, and use of available resources and personnel in locating, relieving the distress, and preserving the life of and removing an individual who is missing, trapped, or lost in the back country, remote areas, or waters of the state. The term includes water and dive rescue.
   2. “Class B” authorized emergency vehicles means wreckers and such other emergency vehicles as are authorized by the local authorities.
   3. “Class C” authorized emergency vehicles means:
      1. Vehicles used by the state division of homeland security or local division of emergency management organizations.
      2. Vehicles used by volunteer firefighters while performing their assigned disaster and emergency responsibilities.
      3. Vehicles, other than ambulances, used by emergency medical services personnel.
      4. Vehicles used by volunteer search and rescue personnel if performing an emergency operation or duty upon the request of a state entity, political subdivision, or volunteer fire department. A volunteer organization may classify a personal vehicle as a class C emergency vehicle if needed to assist in a search and rescue operation in accordance with this paragraph. As used in this paragraph, "search and rescue" means deployment, coordination, and use of available resources and personnel in locating, relieving the distress, and preserving the life of and removing an individual who is missing, trapped, or lost in the backcountry, remote areas, or waters of the state. The term includes water and dive rescue.
3. “Bicycle” means every device propelled solely by human power upon which any person may ride, having two tandem wheels or two parallel wheels and one forward or rearward wheel. The term includes an electric bicycle.
4. “Bus” means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. Provided, every motor vehicle designed for carrying not more than fifteen persons and used for a ridesharing arrangement, as defined in section 8-02-07, is not a “bus”.
5. “Business district” means the territory contiguous to a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet [91.44 meters] or more is occupied by buildings in use for business.
6. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
7. “Cancellation” means a license is annulled and terminated because of an error or defect or because the licensee is no longer entitled to the operator’s license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after the cancellation.
8. “Child restraint system” means a specifically designed device, built-in seating system, or belt-positioning booster that meets the federal motor vehicle safety standards and is permanently affixed to a motor vehicle, is affixed to the vehicle by a safety belt or universal attachment system, or is combined with a federally compliant safety belt system.
9. “Commercial freighting” means the carriage of things other than passengers, for hire, except that such term does not include:
   1. The carriage of things other than passengers within the limits of the same city;
   2. Carriage by local dray lines of baggage or goods to or from a railroad station from or to places in such city or in the immediate vicinity thereof, in this state, and not to exceed two miles [3.22 kilometers] from the corporate or recognized limits of said city; or
   3. Hauling done by farmers for their neighbors in transporting agricultural products to or from market.
10. “Commercial passenger transportation” means the carriage of passengers for hire, except that the term does not include:
    1. The carriage of passengers within the limits of a city.
    2. The carriage by local buslines of passengers to or from a railroad station from or to places within any city or within two miles [3.22 kilometers] of the limits of the city.
    3. The carriage of passengers under a ridesharing arrangement, as defined in section 8-02-07.
11. “Commissioner” means the director of the department of transportation of this state, acting directly or through authorized agents as provided by section 24-02-01.3.
12. “Controlled-access highway” means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
13. “Conviction” means a final order or judgment or conviction by the North Dakota supreme court, any lower court having jurisdiction, a tribal court, or a court in another state if an appeal is not pending and the time for filing a notice of appeal has elapsed. Subject to the filing of an appeal, the term includes:
    1. An imposed and suspended sentence;
    2. A deferred imposition of sentence under subsection 4 of section 12.1-32-02; or
    3. A forfeiture of bail or collateral deposited to secure a defendant’s appearance in court and the forfeiture has not been vacated.
14. “Crosswalk” means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
15. “Dealer” means every person, partnership, corporation, or limited liability company engaged in the business of buying, selling, or exchanging motor vehicles, or who advertises, or holds out to the public as engaged in the buying, selling, or exchanging of motor vehicles, or who engages in the buying of motor vehicles for resale. Any person, partnership, corporation, limited liability company, or association doing business in several cities or in several locations within a city must be considered a separate dealer in each such location.
16. “Department” means the department of transportation of this state as provided by section 24-02-01.1.
17. “Director” means the director of the department of transportation of this state as provided by section 24-02-01.3.
18. “Driver” means every person who drives or is in actual physical control of a vehicle.
19. “Electric bicycle” means a bicycle equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of seven hundred fifty or fewer watts which meets the requirements of one of the following three classes:
    1. A class 1 electric bicycle if the motor provides assistance only when the individual is pedaling and the motor ceases to provide assistance when a speed of twenty miles [32 kilometers] per hour is achieved.
    2. A class 2 electric bicycle if the motor is capable of propelling the bicycle without the individual pedaling and the motor ceases to provide assistance when a speed of twenty miles [32 kilometers] per hour is achieved.
    3. A class 3 electric bicycle if the motor provides assistance only when the individual is pedaling and the motor ceases to provide assistance when a speed of twenty-eight miles [45 kilometers] per hour is achieved.
20. “Electronic communication device” means an electronic device, including a wireless telephone, personal digital assistant, a portable or mobile computer or other device, and video display equipment. The term does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle.
21. “Essential parts” means all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration, or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type, or mode of operation and includes all integral parts and body parts, the removal, alteration, or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.
22. “Explosives” means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or by destroying life or limb.
23. “Farm tractor” includes every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry.
24. “Farm trailer” includes those trailers and semitrailers towed by a bona fide resident farmer hauling the farmer’s own agricultural, horticultural, dairy, and other farm products if the gross weight, not including the towing vehicle, does not exceed twenty-four thousand pounds [10886.22 kilograms].
25. “Fifth-wheel travel trailer” means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require a special highway movement permit and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle’s rear axle.
26. “Flammable liquid” means any liquid which has a flash point of seventy degrees Fahrenheit [21.11 degrees Celsius], or less, as determined by a tagliabue or equivalent closed-cup test device.
27. “Foreign vehicle” means every motor vehicle which is brought into this state other than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in this state.
28. “Gross weight” means the weight of a vehicle without load plus the weight of any load thereon.
29. “Guest” means and includes a person who accepts a ride in any vehicle without giving compensation therefor.
30. “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and of every way privately maintained within a mobile home park, trailer park, or campground containing five or more lots for occupancy by mobile homes, travel trailers, or tents when any part thereof is open for purposes of vehicular travel.
31. “House car” or “motor home” means a motor vehicle which has been reconstructed or manufactured primarily for private use as a temporary or recreational dwelling and having at least four of the following permanently installed systems:
    1. Cooking facilities.
    2. Icebox or mechanical refrigerator.
    3. Potable water supply including plumbing and a sink with faucet either self-contained or with connections for an external source, or both.
    4. Self-contained toilet or a toilet connected to a plumbing system with connection for external water disposal, or both.
    5. Heating or air-conditioning system, or both, separate from the vehicle engine or the vehicle engine electrical system.
    6. A 110-115 volt alternating current electrical system separate from the vehicle engine electrical system either with its own power supply or with a connection for an external source, or both, or a liquefied petroleum system and supply.
32. “Implement of husbandry” means every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highway.
33. “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty feet [9.14 meters] or more apart, then every crossing of each roadway of such divided highway by an intersecting highway must be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet [9.14 meters] or more apart, then every crossing of two roadways of such highways must be regarded as a separate intersection.
34. “Intoxicating liquor” means and includes any beverage containing alcohol.
35. “Judgment” means any judgment which has become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state of the United States, upon a claim for relief arising out of ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a claim for relief on an agreement of settlement for such damages.
36. “Legal owner” means a person who holds the legal title to a vehicle.
37. “Licensed health care provider” means doctor of medicine, doctor of osteopathy, doctor of chiropractic, optometrist, psychologist, advanced practice registered nurse, or physician assistant who is licensed, certified, or registered in accordance with laws and regulations in this or another state.
38. “Lienholder” means a person holding a security interest in a vehicle.
39. “Local authorities” includes every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state.
40. “Mail” means to deposit mail properly addressed and with postage prepaid with the United States postal service.
41. “Manifest injustice” means a specific finding by the court that the imposition of sentence is unreasonably harsh or shocking to the conscience of a reasonable person, with due consideration of the totality of circumstances.
42. “Manufactured home” means a structure, transportable in one or more sections, that, in the traveling mode, is eight body feet [2.44 meters] or more in width or forty body feet [12.19 meters] or more in length, or, when erected onsite, is three hundred twenty square feet [29.73 square meters] or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. The term includes any structure that meets all of the requirements of this subsection except the size requirements and with respect to whether the manufacturer voluntarily files a certification required by the United States secretary of housing and urban development and complies with the standards established under title 42 of the United States Code.
43. “Manufacturer” means any person who manufactures, assembles, or imports and sells new motor vehicles to new motor vehicle dealers for resale in the state; but such term does not include a person who assembles or specially builds interior equipment on a completed vehicle supplied by another manufacturer, distributor, or supplier.
44. “Metal tires” includes all tires the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material except that this provision does not apply to pneumatic tires.
45. “Mobile home” means a structure, either single or multisectional, which is built on a permanent chassis, ordinarily designed for human living quarters, either on a temporary or permanent basis, owned or used as a residence or place of business of the owner or occupant, which is either attached to utility services or is twenty-seven feet [8.23 meters] or more in length.
46. “Modular unit” includes every factory fabricated transportable building unit designed to be incorporated with similar units at a building site into a modular structure to be used for residential, commercial, educational, or industrial purposes.
47. “Motor vehicle” includes every vehicle that is self-propelled, every vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, and, for purposes of motor vehicle registration, title registration, and operator’s licenses, motorized bicycles. The term does not include a snowmobile as defined in section 39-24-01 or an electric bicycle.
48. “Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding implements of husbandry. The term does not include an electric bicycle.
49. “Motorized bicycle” means a vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion or footrests for use by the operator, a power source providing up to a maximum of two brake horsepower having a maximum piston or rotor displacement of 3.05 cubic inches [49.98 milliliters] if a combustion engine is used, which will propel the vehicle, unassisted, at a speed not to exceed thirty miles [48.28 kilometers] per hour on a level road surface, and a power drive system that functions directly or automatically only, not requiring clutching or shifting by the operator after the drive system is engaged, and the vehicle may not have a width greater than thirty-two inches [81.28 centimeters]. The term does not include an electric bicycle.
50. “Motor-powered recreational vehicle” means a motorcycle, unconventional vehicle, or off-highway vehicle as defined in section 39-29-01, or a snowmobile as defined in section 39-24-01. The term does not include an electric bicycle.
51. “Nonresident” means any person who is not a resident of this state.
52. “Nonresident’s operating privilege” means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in this state.
53. “Official traffic-control devices” means all signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
54. “Operator” means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.
55. “Operator’s license”, “driver’s license”, or “license to operate a motor vehicle” means any operator’s or driver’s license or any other license or permit to operate a motor vehicle issued under, or granted by, the laws of this state, including:
    1. Any temporary license or instruction permit;
    2. The privilege of any person to drive a motor vehicle whether such person holds a valid license; or
    3. Any nonresident’s operating privilege as defined in this section.
56. “Owner” means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
57. “Park”, when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
58. “Passenger motor vehicle” means every motor vehicle designed principally for the transportation of persons and includes vehicles which utilize a truck chassis, but have a seating capacity for four or more passengers.
59. “Pedestrian” means any person afoot.
60. “Person” includes every natural person, firm, copartnership, association, corporation, or limited liability company.
61. “Pneumatic tires” includes all tires inflated with compressed air.
62. “Pole trailer” means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
63. “Police officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
64. “Primary source identity document” means documentary evidence of an individual’s name, date of birth, and legal presence required in chapters 39-06 and 39-06.2 related to the issuance of permits, licenses, and nondriver photo identification cards, and retained in the driver record.
65. “Private road or driveway” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
66. “Proof of financial responsibility” means proof of ability to respond in damages for liability, on account of accidents occurring after the effective date of the proof, arising out of the ownership, maintenance, or use of a motor vehicle, in the amount of twenty-five thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
67. “Railroad” means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
68. “Railroad sign or signal” means any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
69. “Reconstructed vehicle” means any vehicle, of a type required to be registered, materially altered from its original construction by the removal, addition, or substitution of new or used essential parts.
70. “Recreational vehicle” means any motorcycle not qualified for registration, off-highway vehicle, snowmobile, vessel, or personal watercraft. The term does not include an electric bicycle.
71. “Residence district” means territory contiguous to a highway not comprising a business district, when the frontage on such highway for a distance of three hundred feet [91.44 meters] or more is occupied mainly by dwellings, or by dwellings and buildings in use for business.
72. “Revocation” means that the operator’s license is terminated and may not be renewed or restored, except on application for a new license presented to and acted upon by the director after the expiration of the period of revocation.
73. “Right of way” means the privilege of the immediate use of a roadway.
74. “Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
75. “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term “roadway” as used herein refers to any such roadway separately but not to all such roadways collectively.
76. “Saddle mount” means placing the front wheels of the drawn vehicle upon the bed of the drawing vehicle.
77. “Safety zone” means the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set aside as a safety zone.
78. “Salvage certificate of title” means a document issued by the department for purposes of proof of ownership of a salvage or destroyed vehicle and not acceptable for motor vehicle registration purposes.
79. “Schoolbus” means a motor vehicle designed or used to carry more than ten passengers in addition to the driver, and is used for the purpose of transporting preprimary, primary, or secondary school students from home to school, from school to home, or to and from school-related events. For the purposes of chapter 39-21, "schoolbus" means any motor vehicle that is owned or leased by a public or governmental agency and used to transport, preprimary, primary, or secondary school students to or from school or to or from school-related events, or is privately owned and operated for compensation to transport preprimary, primary, or secondary school students to or from school or to or from school-related events. Schoolbus does not include a bus used as a common carrier.
80. “Semitrailer” includes every vehicle of the trailer type so designed and used in conjunction with a truck or truck tractor that some part of its own weight and that of its own load rests upon or is carried by a truck or truck tractor, except that it does not include a “housetrailer” or “mobile home”.
81. “Sidewalk” means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
82. “Solid tire” includes every tire made of rubber or other resilient material other than a pneumatic tire.
83. “Special mobile equipment” means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway.
84. “Specially constructed vehicle” means any vehicle which was not constructed originally under the distinct name, make, model, or type by a generally recognized manufacturer of vehicles.
85. “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
86. “State” means a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada.
87. “Stop”, when required, means complete cessation from movement.
88. “Stop” or “stopping”, when prohibited, means any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
89. “Street” means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
90. “Superintendent” means the superintendent of the North Dakota state highway patrol, acting directly or through authorized employees of the superintendent.
91. “Suspension” means that the operator’s license is temporarily withdrawn but only during the period of the suspension.
92. “Through highway” means every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway and in obedience to either a stop sign or yield sign, when such signs are erected by law.
93. “Trackless trolley coach” means every motor vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon rails.
94. “Traffic” means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel.
95. “Traffic-control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
96. “Trailer” includes every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle, except that it does not include a “housetrailer” or “mobile home”, which terms mean a vehicle as defined in this subsection which is designed and intended for use as living or sleeping quarters for people and which is not used for commercial hauling of passengers.
97. “Travel trailer” means a vehicular unit mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of such size or weight as not to require a special highway movement permit when towed by a motorized vehicle.
98. “Truck” includes every motor vehicle designed, used, or maintained primarily for transportation of property.
99. “Truck camper” means a portable unit that is constructed to provide temporary living quarters for recreational, camping, or travel use; consists of a roof, floor, and sides; and is designed to be loaded onto and unloaded from the bed of a pickup truck.
100. “Truck tractor” includes every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
101. “Urban district” means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet [30.48 meters] for a distance of a quarter of a mile [402.34 meters] or more.
102. “Used vehicle” means a motor vehicle which has been sold, bargained, exchanged, given away, or the title to which has been transferred to another, by the person who first acquired it from the manufacturer or importer, dealer, or agent of the manufacturer or importer.
103. “Vehicle” includes every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. The term does not include an electric bicycle.

Source: S.L. 1927, ch. 162, § 1; 1927, ch. 179, § 1; 1927, ch. 180, § 1; 1931, ch. 186, § 1; 1931, ch. 187, § 1; 1933, ch. 160, § 1; 1933, ch. 162, § 1; 1939, ch. 167, §§ 1 to 5; R.C. 1943, § 39-0101; S.L. 1955, ch. 237, §§ 1, 67; 1957 Supp., § 39-0101; S.L. 1959, ch. 286, § 12; 1959, ch. 287, § 2; 1959, ch. 288, § 1; 1963, ch. 253, § 1; 1963, ch. 264, § 2; 1963, ch. 265, §§ 1, 7; 1963, ch. 277, § 1; 1963, ch. 283, § 2; 1963, ch. 405, § 2; 1965, ch. 261, § 1; 1965, ch. 262, § 1; 1965, ch. 263, § 1; 1965, ch. 264, § 1; 1969, ch. 333, § 1; 1969, ch. 343, § 3; 1975, ch. 322, § 1; 1975, ch. 349, § 2; 1977, ch. 326, § 1; 1977, ch. 327, §§ 1, 2; 1977, ch. 328, § 1; 1977, ch. 376, § 1; 1979, ch. 187, § 73; 1979, ch. 401, § 1; 1979, ch. 402, §§ 1, 2; 1979, ch. 403, §§ 1 to 3; 1979, ch. 404, § 1; 1981, ch. 131, § 8; 1981, ch. 378, § 1; 1983, ch. 414, § 1; 1983, ch. 415, § 3; 1983, ch. 416, § 1; 1985, ch. 82, § 98; 1985, ch. 412, § 1; 1985, ch. 413, § 1; 1987, ch. 438, § 1; 1987, ch. 439, § 1; 1989, ch. 72, §§ 13, 25; 1989, ch. 442, § 1; 1991, ch. 640, § 7; 1993, ch. 54, § 106; 1993, ch. 80, § 7; 1993, ch. 375, § 1; 1997, ch. 323, § 1; 1997, ch. 324, § 1; 1997, ch. 325, § 1; 1999, ch. 330, §§ 1, 2; 2003, ch. 307, §§ 1, 2; 2003, ch. 322, § 3; 2005, ch. 16, § 25; 2005, ch. 340, § 2; 2005, ch. 344, § 1; 2007, ch. 315, § 1; 2007, ch. 343, § 1; 2011, ch. 271, § 1; 2011, ch. 272, § 1; 2011, ch. 266, § 1; 2013, ch. 281, § 1; 2013, ch. 291, §§ 1, 2; 2013, ch. 307, §§ 1, 2; 2015, ch. 276, § 3, effective April 20, 2015; 2017, ch. 255, § 1, effective August 1, 2017; 2017, ch. 256, § 1, effective August 1, 2017; 2021, ch. 278, § 1, effective August 1, 2021; 2021, ch. 279, § 1, effective August 1, 2021; 2021, ch. 280, § 1, effective August 1, 2021; 2021, ch. 352, § 351, effective September 1, 2022.

39-01-01.1. Declaration of legislative intent.

The legislative assembly in adopting title 39 recognized that the development of a modern and integrated highway system which is so essential to safe and efficient highway transportation represents a large investment of public funds. To ensure maximum public benefits from such investment, authority has been vested in appropriate agencies of government for the establishment, construction, maintenance, and operation of needed road facilities, within the limits of funds made available.

Additionally, the legislative assembly recognizes that other functions of government, established pursuant to title 39 to govern the ownership and use of motor vehicles, also are supported by public funds and render important public services which contribute to the safe and efficient use of roads and streets. The responsibilities of state government include such functions as vehicle registration and titling, driver licensing, financial responsibility, police traffic supervision, accident investigation and reporting, and use of accident records, traffic operations, and similar functions conducted under motor vehicle laws affecting motor vehicles and their use.

In fulfilling these responsibilities, the legislative assembly recognizes the necessity that individual prerogatives be considered secondary to the general welfare and so it is expected that the officials will adopt such reasonable policies, procedures, rules, and regulations as may be necessary, within the authority granted by law, and in so doing shall make appropriate use of recommended standards developed by recognized official groups to ensure a desirable level of uniformity throughout the state and with other states. Such uniformity is especially important in the use and application of uniform signs, signals, and markings.

It is expected, further, that the officials will cooperate with each other where such cooperation is essential, and not otherwise prescribed by law. Moreover, there is also need for more effective coordination of activities among all branches and levels of government in carrying out their respective traffic safety responsibilities, including the governor’s office, the state legislative assembly and city councils, the administrative, enforcement, and judicial officials of the state and its political subdivisions. In all matters of mutual concern, and where appropriate, cooperation is also encouraged among state officials, officials of other states and the federal government, and other responsible groups, both public and private.

Highway transportation is a dynamic force in our society and is influenced by new developments and changing public needs. To keep abreast of foreseeable adjustments, it is expected that the officials will engage in such research and planning as may be necessary and as may be provided for in this title. Such efforts should be conducted in cooperation with all interested public and private groups, and directed towards the development of realistic traffic accident prevention programs to guide legislative decisions and enlist public support in meeting immediate and potential needs.

In keeping with the policies herein enunciated, it is the intent of the legislative assembly to equip each function with the necessary authority to maintain an adequate level of performance in all functions concerned with the ownership and use of motor vehicles, as they are established in title 39, consistent with the expanding needs of highway transportation, in order to protect the public safety, promote the general welfare, and advance the economy of the state.

Source: S.L. 1967, ch. 292, § 1.

39-01-01.2. Autonomous vehicle operations.

1. As used in this section:
   1. “Automated driving system” means hardware and software collectively capable of performing the entire dynamic driving task for the vehicle on a sustained basis when installed on a motor vehicle and engaged regardless of whether it is limited to a specific operational design domain.
   2. “Autonomous vehicle” means a vehicle equipped with an automated driving system.
   3. “Dynamic driving task” means all of the real-time operational and tactical functions required to operate a vehicle in on-road traffic within the vehicle’s specific operational design domain, if any, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints.
   4. “Human driver” means an individual with a valid license to operate a motor vehicle who manually exercises in-vehicle braking, accelerating, steering, and transmission gear selection input devices to operate a vehicle.
   5. “Minimal risk condition” means a low-risk operating mode in which an autonomous vehicle operating without a human driver achieves a reasonably safe state, such as bringing the vehicle to a complete stop, upon experiencing a failure of the vehicle’s automated driving system that renders the vehicle unable to perform the entire dynamic driving task.
   6. “Operational design domain” means a description of the specific operating domain in which an automated driving system is designed to properly operate, including roadway types, speed range, environmental conditions, and other domain constraints.
2. An autonomous vehicle must be capable of operating in compliance with all applicable federal and state law, except to the extent exempted under applicable federal or state law, and may operate on the public highways of this state in full compliance with all vehicle registration, title, insurance, and all other applicable requirements under this title.
3. An autonomous vehicle with automated driving systems engaged does not require a human driver to operate on the public highway if the autonomous vehicle is capable of achieving a minimal risk condition in case a system failure occurs which renders the automated driving system unable to perform the entire dynamic driving task relevant to the vehicle’s intended operational design domain.
4. An individual using an autonomous vehicle is not driving or in actual physical control of the autonomous vehicle and, therefore, is exempt from licensing requirements if:
   1. The automated driving system is completing the entire dynamic driving task; and
   2. The autonomous vehicle is capable of achieving a minimal risk condition if a system failure occurs that renders the automated driving system unable to perform the entire dynamic driving task relevant to the vehicle’s intended operational design domain.
5. This section may not be construed to modify, limit, or restrict any statutory provision affecting liability, including chapter 26.1-40, 26.1-41, 28-01.3, 32-03.2, or 39-16.1.

Source: S.L. 2019, ch. 302, § 2, effective August 1, 2019.

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

All motor vehicles owned and operated by the state, except vehicles under the control of the central vehicle management system and the official vehicle for use by the governor, must have displayed on each front door the words NORTH DAKOTA. The words must be in letters four inches [10.16 centimeters] in height. Two and one-half inches [6.35 centimeters] directly below those words there must be printed in letters one and one-half inches [3.81 centimeters] in height the name of the state agency owning or leasing the motor vehicle. The width of the display required by this section must be proportionate to the required height. The color of the lettering must be in clear and sharp contrast to the background. The state auditor shall include in the auditor’s report to the governor and the legislative assembly any instance of noncompliance with this section. The above requirements and the requirements for no smoking signs do not apply to vehicles operated by a state entity that engages in investigatory activities. The central vehicle management system vehicles must display a window decal designed by the director. The state highway patrol and all peace officers of this state shall enforce this section.

Source: S.L. 1925, ch. 168, §§ 1, 2; 1925 Supp., §§ 2976w1, 2976w2; R.C. 1943, § 39-0102; S.L. 1949, ch. 238, § 1; 1955, ch. 238, § 1; 1957 Supp., § 39-0102; S.L. 1959, ch. 289, § 6; 1963, ch. 266, § 1; 1965, ch. 265, § 1; 1975, ch. 106, § 416; 1977, ch. 329, § 1; 1983, ch. 160, § 4; 1983, ch. 417, § 1; 1989, ch. 356, § 12; 1991, ch. 28, § 18; 1991, ch. 394, § 1; 1991, ch. 592, § 12; 2013, ch. 282, § 1.

39-01-03. Motor vehicle owned by the state, North Dakota art museum, or an International Peace Garden not to be used for private use or in political activities.

A person, officer, or employee of the state or of any department, board, bureau, commission, institution, industry, or other agency of the state, or person, officer, or employee of the North Dakota art museum, or of any entity located upon the international boundary line between the United States of America and Canada used and maintained as a memorial to commemorate the long-existing relationship of peace and good will between the people and the governments of the United States of America and Canada and to further international peace among the nations of the world, may not use or drive any motor vehicle belonging to the state or to any department, board, bureau, commission, institution, industry, or other agency of the state, or person, officer, or employee of the North Dakota art museum, or of any entity located upon the international boundary line between the United States of America and Canada used and maintained as a memorial to commemorate the long-existing relationship of peace and good will between the people and the governments of the United States of America and Canada and to further international peace among the nations of the world, for private use, or while engaged in any political activity.

Source: S.L. 1939, ch. 184, § 1; R.C. 1943, § 39-0103; S.L. 1949, ch. 238, § 2; 1957 Supp., § 39-0103; S.L. 1989, ch. 356, § 13; 2015, ch. 47, § 20, effective July 1, 2015.

Effective Date.

The 2015 amendment of this section by section 20 of chapter 47, S.L. 2015 became effective July 1, 2015.

Cross-References.

Prohibition against public employees engaging in political activities while on duty, see § 44-08-19.

39-01-04. Political activity defined.

The term “political activity” as used in this chapter includes any form of campaigning or electioneering, such as attending or arranging for political meetings; transporting candidates or workers engaged in campaigning or electioneering; distributing campaign literature, political guide cards, or placards; soliciting or canvassing for campaign funds; transporting electors to the polls on election day; and any other form of political work usually and ordinarily engaged in by state officers and employees during primary and general election campaigns.

Source: S.L. 1939, ch. 184, § 1; R.C. 1943, § 39-0104.

39-01-05. Expenses not to be collected by state officers or employees engaged in political activity.

A state officer or employee who uses or drives any privately owned motor vehicle while engaged in political activity may not collect or receive from this state any expense moneys for the use or operation of the motor vehicle while engaged in the political activity. A state officer or employee may not collect or receive any traveling expense reimbursement from this state for any time spent engaging in any political activity.

Source: S.L. 1939, ch. 184, § 2; R.C. 1943, § 39-0105; S.L. 1977, ch. 420, § 2; 2001, ch. 327, § 1.

39-01-06. Collecting or receiving expense money wrongfully — Civil action for recovery — Liability of bond.

Any officer or employee who collects or receives any expense moneys in violation of section 39-01-05 is subject to a suit for the recovery of the funds wrongfully collected or received by that person, and if that person’s office or position is bonded by the state bonding fund, such fund also is liable therefor.

Source: S.L. 1939, ch. 184, § 3; R.C. 1943, § 39-0106.

39-01-07. Penalty for violation of chapter.

Any person violating any provision of this chapter for which another penalty is not specifically provided is guilty of a class A misdemeanor.

Source: S.L. 1939, ch. 184, § 3; R.C. 1943, § 39-0107; S.L. 1975, ch. 106, § 417.

Cross-References.

Classification of offenses, penalties, see § 12.1-32-01.

General penalty for violation of title, infraction, see § 39-07-06.

39-01-08. State, political subdivisions, and International Peace Gardens authorized to carry insurance on vehicles — Waiver of immunity to extent only of insurance purchased.

1. The state or any department, agency, or bureau, as well as any county, city, or other political subdivision including townships, school districts, and park districts, and any entity located upon the international boundary line between the United States of America and Canada used and maintained as a memorial to commemorate the long-existing relationship of peace and good will between the people and the governments of the United States of America and Canada and to further international peace among the nations of the world, using or operating motor vehicles and aircrafts, may carry insurance for their own protection and for the protection of any employees from claims for loss or damage arising out of or by reason of the use or operation of the motor vehicle or aircraft, whether the vehicle or aircraft at the time the loss or damage in question occurred was being operated in a governmental undertaking or otherwise. If a premium savings will result therefrom, the insurance policy may be taken out for more than one year, but in no event beyond a period of five years.
2. If insurance is purchased pursuant to subsection 1, then the purchaser waives its immunity to suit only to the extent of allowing a determination of liability to the extent of the waiver of the immunity against liability described in subsection 3.
3. If insurance is purchased pursuant to subsection 1, then the purchaser waives its immunity against liability only to the types of its insurance coverage and only to the extent of the policy limits of the coverage. Provided, the purchaser or its insurance carrier is not liable for claims arising out of the conduct of a ridesharing arrangement, as defined in section 8-02-07.
4. If any dispute exists concerning the amount or nature of the insurance coverage, the dispute must be tried separately before the main trial determining the claims and damages of the claimant.
5. This statute confers no right for a claimant to sue the insurer directly.
6. When liability insurance is carried pursuant to this section or pursuant to section 32-12.1-05, no defense in a negligence action may be raised by the insurance carrier upon the basis of section 39-07-05.

Source: S.L. 1945, ch. 214, § 1; R.C. 1943, 1957 Supp., § 39-0108; S.L. 1965, ch. 266, § 1; 1967, ch. 244, § 1; 1969, ch. 334, § 1; 1975, ch. 349, § 3; 1981, ch. 91, § 24; 1981, ch. 131, § 9; 1985, ch. 317, § 65; 1989, ch. 356, § 14.

Cross-References.

Political subdivisions may purchase liability insurance, see § 32-12.1-05.

Collateral References.

What is “motor vehicle” or the like within statute waiving governmental immunity as to operation of such vehicle, 77 A.L.R.2d 945.

Governmental vehicles or their operators, 87 A.L.R.2d 1224.

Coverage and exclusions under liability policy issued to municipal corporation or similar governmental body, 23 A.L.R.3d 1282, 30 A.L.R.5th 699.

39-01-08.1. Senior citizens group motor vehicle — Availability of coverage under political subdivision policies.

Any political subdivision may provide for the inclusion of buses, vans, or other motor vehicles used by senior citizens groups to transport members in a motor vehicle insurance policy of the political subdivision. The political subdivision may require payment by a senior citizens group for any increase in the premium rate charged to the political subdivision which is attributable to the coverage provided to that senior citizens group. The political subdivision may provide for a payment procedure to require the payment of any premium or premium portion attributable to the coverage provided for the senior citizens group.

Source: S.L. 1985, ch. 414, § 1.

39-01-08.2. Senior citizens group motor vehicle — Availability of coverage under state policies.

Except as otherwise provided in this section, any insurance policy providing coverage of state-owned motor vehicles must provide, at the request of a senior citizens group prior to the issuance or renewal of the policy, for the inclusion of buses, vans, or other motor vehicles used by the senior citizens group to transport members. The state agency negotiating the insurance policy may require payment by a senior citizens group for any increase in the premium rate charged to the state agency which is attributable to the coverage provided to that senior citizens group. The state agency shall provide by rule for the payment by the senior citizens group of the premium portion attributable to the group’s coverage under the policy. The state agency may refuse to provide coverage to a senior citizens group if the coverage would hinder the ability of or not allow the state to obtain insurance.

Source: S.L. 1985, ch. 414, § 2.

39-01-09. Parking meters prohibited.

It is unlawful for the state of North Dakota, its political subdivisions, counties, cities, and the state department of transportation to establish and maintain any mechanical device or devices known as “parking meters”, or by whatever name designated, requiring the deposit therein of coins or tokens for the privilege of parking cars or other vehicles upon the streets and highways in the state of North Dakota. Any and all ordinances and resolutions now existing authorizing the establishment and maintenance of such mechanical devices or parking meters, or by whatever name designated, are hereby declared null and void.

Source: I.M. June 29, 1948, S.L. 1949, ch. 357, §§ 1, 2; R.C. 1943, 1957 Supp., § 39-0109.

39-01-10. Proof of payment of registration fees and taxes.

The director of the department of transportation may require all owners or operators of motor vehicles using the highways of this state or registered in this state to show proof of the payment of all proper taxes and registration fees upon such motor vehicles.

Source: S.L. 1959, ch. 289, § 1.

39-01-11. Nonresident motor vehicle user — Service upon.

The use and operation by a resident of this state or that person’s agent, or by a nonresident or that person’s agent, of a motor vehicle upon or over the highways of this state must be deemed an appointment by such resident when that person has been absent from this state continuously for six months or more following an accident or by such nonresident at any time, of the director of the department of transportation of this state to be the person’s true and lawful attorney upon whom may be served all legal process in any action or proceeding against the person growing out of the use or operation of the motor vehicle resulting in damages or loss to person or property, whether the damage or loss occurs upon a public highway or upon public or private property, and such use or operation constitutes an agreement that any such process in any action against the person which is so served has the same legal force and effect as if served upon the person personally, or, in case of the person’s death, that such process has the same legal force and effect as if served upon the administrator of the person’s estate. Service of the summons in such case may be made by delivering a copy thereof to the director with a fee of ten dollars.

Source: S.L. 1935, ch. 174, § 1; R.C. 1943, § 28-0611; S.L. 1951, ch. 202, § 1; 1953, ch. 204, § 1; 1955, ch. 204, § 1; 1957 Supp., § 28-0611; S.L. 1987, ch. 440, § 1.

39-01-12. Mailing notice to defendant upon service of nonresident motor vehicle user.

Within ten days after service of summons as provided in section 39-01-11, notice of such service together with a copy of the summons and complaint in the action must be sent by the plaintiff to the defendant at the defendant’s last-known address by registered or certified mail with return receipt requested, and proof of such mailing must be attached to the summons.

Source: S.L. 1935, ch. 174, § 1; R.C. 1943, § 28-0612.

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

The director shall keep a record of all process served upon the director under the provisions of section 39-01-11. Such record must show the day and hour of service. If any defendant served under section 39-01-11 has made proof of financial responsibility by filing a certificate of insurance coverage, as provided in section 39-16.1-09, the director shall mail a copy of such summons and complaint to the insurance carrier named in such certificate.

Source: S.L. 1935, ch. 174, § 2; R.C. 1943, § 28-0613; S.L. 1951, ch. 202, § 2; 1957 Supp., § 28-0613; S.L. 1979, ch. 187, § 74; 1979, ch. 405, § 1.

39-01-14. Protecting rights of defendant served as nonresident motor vehicle user.

When service has been made as provided in section 39-01-11, the court, before entering default judgment, or at any stage of the proceeding, may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend any action against the defendant.

Source: S.L. 1935, ch. 174, § 2; R.C. 1943, § 28-0614.

39-01-15. Parking privileges for mobility impaired — Certificate — Revocation — Continuing appropriation — Penalty. [Effective through August 31, 2022]

1. A mobility-impaired individual who displays prominently upon a motor vehicle parked by that individual or under that individual’s direction and for that individual’s use, the distinguishing certificate specified in subsection 4, license plates issued under section 39-04-10.2, or a disabled veteran plate issued under subdivision j of subsection 2 of section 39-04-18 is entitled to courtesy in the parking of the motor vehicle. However, any municipality may prohibit, by ordinance, parking on any highway for the purpose of creating a fire lane or to provide for the accommodation of heavy traffic during morning and afternoon rush hours. The privileges extended to a mobility-impaired individual do not apply on a highway if parking is prohibited.
2. A mobility-impaired individual as used in this section includes an individual who uses portable oxygen; requires personal assistance or the use of crutches, a wheelchair, or a walker to walk two hundred feet [60.96 meters] without rest; is restricted by cardiac, pulmonary, or vascular disease from walking two hundred feet [60.96 meters] without rest; has a forced expiratory volume of less than one liter for one second or an arterial oxygen tension of less than sixty millimeters of mercury on room air while at rest and is classified III or IV by standards for cardiac disease set by the American heart association; has an orthopedic, neurologic, or other medical condition that makes it impossible for the person to walk two hundred feet [60.96 meters] without assistance or rest; or is a disabled veteran issued a plate under subdivision j of subsection 2 of section 39-04-18.
3. Repealed by S.L. 1989, ch. 319, § 6.
4. The director may issue a special identifying certificate to any mobility-impaired applicant upon submission by the applicant of a completed application and a written or electronic statement issued by a qualified physician, physician assistant, chiropractor, or an advanced practice registered nurse to the director that the applicant is a mobility-impaired person within the criteria of subsection 2. The director shall waive the requirement for a written or electronic statement from a qualified physician, physician assistant, chiropractor, or an advanced practice registered nurse if the applicant has previously submitted an application containing a certification from a qualified physician, physician assistant, chiropractor, or an advanced practice registered nurse that the applicant’s impairment is not reversible. The application must include the information required by the director. The physician’s, physician assistant’s, chiropractor’s, or advanced practice registered nurse’s statement must describe how the impairment limits the applicant’s mobility and daily life functions of the applicant. The certificate is valid for a period, not to exceed three years, as determined by the director. A physician, physician assistant, chiropractor, or an advanced practice registered nurse who provides a false statement that an individual is mobility impaired for the purpose of that individual obtaining a certificate under this subsection is guilty of an infraction for which a minimum fine of one hundred dollars must be imposed. A certificate issued under this subsection must be nine and one-half inches [24.13 centimeters] in height and three inches [7.62 centimeters] in width and must bear, in white on blue, the internationally accepted symbol of access for the mobility impaired. The certificate must bear the expiration date and registration number assigned by the director. The director shall adopt rules governing the issuance of the certificate. A temporary certificate, valid for an initial period not to exceed three months, may be issued by the director for a fee of three dollars upon application supported by a physician’s, physician assistant’s, chiropractor’s, or an advanced practice registered nurse’s statement. The director may issue a maximum of one additional temporary certificate for a fee of three dollars. The temporary certificate may be extended an additional period, not to exceed three months, upon application supported by a physician’s, physician assistant’s, chiropractor’s, or an advanced practice registered nurse’s statement that the extension is warranted. Temporary certificates must be the same size as other certificates issued under this section and must be white on red. The director may issue a maximum of one additional certificate, if the applicant does not have number plates issued under section 39-04-10.2 or under subdivision j of subsection 2 of section 39-04-18, to a mobility-impaired individual to whom a certificate has been issued under this subsection. The additional certificates may only be used by or on behalf of the mobility-impaired individual.
5. Except as provided in this subsection, two dollars of each fee for issuance of a certificate and one dollar of each fee for issuance of an additional certificate under this section must be deposited in the state highway department fund for purposes of defraying the cost of issuing the certificate. The rest of the fee, and the five dollar fee received for the issuance of an additional certificate under subsection 4, must be deposited in the state treasury and credited to the state rehabilitation council fund. The fees deposited in the fund are hereby appropriated on a continuing basis to the department of human services for use by the state rehabilitation council to accomplish the council’s statutory duties provided under section 50-06.1-16. If a certificate is lost, mutilated, or destroyed, the individual to whom the certificate was issued is entitled to a replacement. The individual shall furnish proof satisfactory to the director that the certificate has been lost, mutilated, or destroyed, and shall pay a replacement fee of three dollars.
6. A certificate issued under this section must be hung from the rearview mirror of the motor vehicle whenever the vehicle is occupying a space reserved for the mobility impaired and is being used by a mobility-impaired individual or another individual for the purposes of transporting the mobility-impaired individual. No part of the certificate may be obscured. A fee of five dollars may be imposed for a violation of this subsection.
7. An applicant may appeal a decision denying issuance of the certificate to the director. Written notice of the appeal must be received within ten business days following receipt by the applicant of notice of denial. The applicant has sixty days to provide additional supportive material to the director for purposes of deciding the appeal. The director shall affirm or reverse the decision to deny issuance of the certificate within thirty days after receipt of the supportive material. Written notice of the decision must be given to the applicant.
8. If a law enforcement officer finds that the certificate is being improperly used, the officer may report to the director any violation and the director may, in the director’s discretion, remove the privilege. An individual who is not mobility impaired and who exercises the privileges granted a mobility-impaired individual under subsection 1 is guilty of an infraction for which a fine of one hundred dollars must be imposed.
9. 1. If a public or private entity designates parking spaces for accessible parking, the spaces must comply with the requirements of the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities as contained in the appendix to title 28, Code of Federal Regulations, part 36 [28 CFR 36] and must be indicated by blue paint on the curb or edge of the paved portion of the street or parking lot adjacent to the space. In addition to blue paint, each reserved space must be indicated by a sign bearing the international symbol of accessibility for the mobility impaired. The sign must indicate that unauthorized use of the space is a nonmoving violation for which a fee of one hundred dollars must be imposed.
   2. For any event, a public or a private entity temporarily may reserve additional accessible parking spaces for use by motor vehicles operated by a mobility-impaired individual. In that case, each temporarily reserved space must be indicated by a sign bearing the international symbol of accessibility for the mobility impaired at least four hours before the event.
   3. A parking space clearly identified as reserved for the mobility impaired is considered designated and reserved for the mobility impaired and is sufficient basis for the enforcement of this section if the parking space has two of the following requirements:
      1. Blue paint on the curb or edge of the paved portion of the street or parking lot adjacent to the space;
      2. A sign bearing the international symbol of accessibility for the mobility impaired; or
      3. Notice that unauthorized use of the space is a nonmoving violation for which a fee of one hundred dollars must be imposed.
   4. Except for a temporarily reserved parking space for the mobility impaired, a sign posted must be immovable.
   5. A law enforcement officer shall enforce this section in any parking lot or parking facility, whether publicly or privately owned.
10. If the designated parking spaces for mobility-impaired individuals are occupied or inaccessible, a motor vehicle displaying the distinguishing certificate specified in subsection 4, license plates issued under section 39-04-10.2, or a disabled veteran plate issued under subdivision j of subsection 2 of section 39-04-18 may park at an angle and occupy two standard parking spaces.
11. An individual may not stop, stand, or park any vehicle in any designated parking space that is reserved for the mobility impaired unless the vehicle displays a mobility-impaired identification certificate issued by the director to a mobility-impaired individual. A mobility-impaired individual may not permit the use of a certificate issued under this section by an individual who is not mobility impaired when that use is not in connection with the transport of the mobility-impaired individual. The registered owner of a vehicle may not allow that vehicle to be used in a manner that violates this subsection. Proof of intent is not required to prove a registered owner’s violation of this subsection. The registered owner, however, may be excused from a violation if the owner provides the citing authority with the name and address of the individual operating the vehicle at the time of the violation. A vehicle may temporarily use a space reserved for a mobility-impaired individual without a mobility-impaired certificate for the purpose of loading and unloading a mobility-impaired individual. A violation of this subsection is a nonmoving violation for which a fee of one hundred dollars must be imposed. Notwithstanding section 29-27-02.1, fifty percent of the fee imposed and collected under this subsection is appropriated on a continuing basis to the state rehabilitation council for the development of competitive and integrated employment opportunities.
12. A motor vehicle licensed in another state which displays a special authorized vehicle designation issued by the licensing authority of that state for vehicles used in the transportation of a mobility-impaired individual must be accorded the same privilege provided in this section for similar vehicles licensed in this state if the laws of the other state provide the same privileges to North Dakota motor vehicles displaying the special identifying certificate authorized in this section.
13. An entity that violates the requirements of subsection 9 is guilty of an infraction if the entity does not comply with subsection 9 within sixty days after receiving official notification of the violation.
14. The department shall issue a mobility-impaired parking permit for a vehicle owned and operated by care providers licensed by the state, veterans-related organizations, and other entities that regularly transport mobility-impaired individuals for use by those providers and entities to park in designated parking spaces while transporting mobility-impaired individuals.

Source: S.L. 1967, ch. 293, §§ 1 to 4; 1975, ch. 106, § 418; 1977, ch. 330, § 1; 1979, ch. 406, § 1; 1981, ch. 379, § 1; 1987, ch. 441, § 1; 1989, ch. 319, §§ 2, 6; 1989, ch. 443, § 1; 1991, ch. 395, § 1; 1991, ch. 396, § 1; 1993, ch. 261, § 2; 1993, ch. 376, § 1; 1995, ch. 363, § 1; 1995, ch. 458, § 1; 2001, ch. 328, § 1; 2005, ch. 322, § 1; 2013, ch. 283, § 1; 2013, ch. 373, § 1; 2015, ch. 258, § 1, effective August 1, 2015; 2017, ch. 335, § 1, effective August 1, 2017; 2017, ch. 257, § 1, effective August 1, 2017; 2019, ch. 303, § 1, effective July 1, 2019; 2019, ch. 304, §§ 1, 2, effective August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 258, S.L. 2015 became effective August 1, 2015.

Note.

Section 39-01-15 was amended 3 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Sections 1 and 2 of Chapter 304, Session Laws 2019, House Bill 1135; and Section 1 of Chapter 303, Session Laws 2019, Senate Bill 2119.

Section 39-01-15 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 257, Session Laws 2017, House Bill 1211; and Section 1 of Chapter 335, Session Laws 2017 House Bill 1135.

39-01-15. Parking privileges for mobility impaired — Certificate — Revocation — Continuing appropriation — Penalty. [Effective September 1, 2022]

1. A mobility-impaired individual who displays prominently upon a motor vehicle parked by that individual or under that individual’s direction and for that individual’s use, the distinguishing certificate specified in subsection 4, license plates issued under section 39-04-10.2, or a disabled veteran plate issued under subdivision j of subsection 2 of section 39-04-18 is entitled to courtesy in the parking of the motor vehicle. However, any municipality may prohibit, by ordinance, parking on any highway for the purpose of creating a fire lane or to provide for the accommodation of heavy traffic during morning and afternoon rush hours. The privileges extended to a mobility-impaired individual do not apply on a highway if parking is prohibited.
2. A mobility-impaired individual as used in this section includes an individual who uses portable oxygen; requires personal assistance or the use of crutches, a wheelchair, or a walker to walk two hundred feet [60.96 meters] without rest; is restricted by cardiac, pulmonary, or vascular disease from walking two hundred feet [60.96 meters] without rest; has a forced expiratory volume of less than one liter for one second or an arterial oxygen tension of less than sixty millimeters of mercury on room air while at rest and is classified III or IV by standards for cardiac disease set by the American heart association; has an orthopedic, neurologic, or other medical condition that makes it impossible for the person to walk two hundred feet [60.96 meters] without assistance or rest; or is a disabled veteran issued a plate under subdivision j of subsection 2 of section 39-04-18.
3. Repealed by S.L. 1989, ch. 319, § 6.
4. The director may issue a special identifying certificate to any mobility-impaired applicant upon submission by the applicant of a completed application and a written or electronic statement issued by a qualified physician, physician assistant, chiropractor, or an advanced practice registered nurse to the director that the applicant is a mobility-impaired person within the criteria of subsection 2. The director shall waive the requirement for a written or electronic statement from a qualified physician, physician assistant, chiropractor, or an advanced practice registered nurse if the applicant has previously submitted an application containing a certification from a qualified physician, physician assistant, chiropractor, or an advanced practice registered nurse that the applicant’s impairment is not reversible. The application must include the information required by the director. The physician’s, physician assistant’s, chiropractor’s, or advanced practice registered nurse’s statement must describe how the impairment limits the applicant’s mobility and daily life functions of the applicant. The certificate is valid for a period, not to exceed three years, as determined by the director. A physician, physician assistant, chiropractor, or an advanced practice registered nurse who provides a false statement that an individual is mobility impaired for the purpose of that individual obtaining a certificate under this subsection is guilty of an infraction for which a minimum fine of one hundred dollars must be imposed. A certificate issued under this subsection must be nine and one-half inches [24.13 centimeters] in height and three inches [7.62 centimeters] in width and must bear, in white on blue, the internationally accepted symbol of access for the mobility impaired. The certificate must bear the expiration date and registration number assigned by the director. The director shall adopt rules governing the issuance of the certificate. A temporary certificate, valid for an initial period not to exceed three months, may be issued by the director for a fee of three dollars upon application supported by a physician’s, physician assistant’s, chiropractor’s, or an advanced practice registered nurse’s statement. The director may issue a maximum of one additional temporary certificate for a fee of three dollars. The temporary certificate may be extended an additional period, not to exceed three months, upon application supported by a physician’s, physician assistant’s, chiropractor’s, or an advanced practice registered nurse’s statement that the extension is warranted. Temporary certificates must be the same size as other certificates issued under this section and must be white on red. The director may issue a maximum of one additional certificate, if the applicant does not have number plates issued under section 39-04-10.2 or under subdivision j of subsection 2 of section 39-04-18, to a mobility-impaired individual to whom a certificate has been issued under this subsection. The additional certificates may only be used by or on behalf of the mobility-impaired individual.
5. Except as provided in this subsection, two dollars of each fee for issuance of a certificate and one dollar of each fee for issuance of an additional certificate under this section must be deposited in the state highway department fund for purposes of defraying the cost of issuing the certificate. The rest of the fee, and the five dollar fee received for the issuance of an additional certificate under subsection 4, must be deposited in the state treasury and credited to the state rehabilitation council fund. The fees deposited in the fund are hereby appropriated on a continuing basis to the department of health and human services for use by the state rehabilitation council to accomplish the council’s statutory duties provided under section 50-06.1-16. If a certificate is lost, mutilated, or destroyed, the individual to whom the certificate was issued is entitled to a replacement. The individual shall furnish proof satisfactory to the director that the certificate has been lost, mutilated, or destroyed, and shall pay a replacement fee of three dollars.
6. A certificate issued under this section must be hung from the rearview mirror of the motor vehicle whenever the vehicle is occupying a space reserved for the mobility impaired and is being used by a mobility-impaired individual or another individual for the purposes of transporting the mobility-impaired individual. No part of the certificate may be obscured. A fee of five dollars may be imposed for a violation of this subsection.
7. An applicant may appeal a decision denying issuance of the certificate to the director. Written notice of the appeal must be received within ten business days following receipt by the applicant of notice of denial. The applicant has sixty days to provide additional supportive material to the director for purposes of deciding the appeal. The director shall affirm or reverse the decision to deny issuance of the certificate within thirty days after receipt of the supportive material. Written notice of the decision must be given to the applicant.
8. If a law enforcement officer finds that the certificate is being improperly used, the officer may report to the director any violation and the director may, in the director’s discretion, remove the privilege. An individual who is not mobility impaired and who exercises the privileges granted a mobility-impaired individual under subsection 1 is guilty of an infraction for which a fine of one hundred dollars must be imposed.
9. 1. If a public or private entity designates parking spaces for accessible parking, the spaces must comply with the requirements of the Americans with Disabilities Accessibility Guidelines for Buildings and Facilities as contained in the appendix to title 28, Code of Federal Regulations, part 36 [28 CFR 36] and must be indicated by blue paint on the curb or edge of the paved portion of the street or parking lot adjacent to the space. In addition to blue paint, each reserved space must be indicated by a sign bearing the international symbol of accessibility for the mobility impaired. The sign must indicate that unauthorized use of the space is a nonmoving violation for which a fee of one hundred dollars must be imposed.
   2. For any event, a public or a private entity temporarily may reserve additional accessible parking spaces for use by motor vehicles operated by a mobility-impaired individual. In that case, each temporarily reserved space must be indicated by a sign bearing the international symbol of accessibility for the mobility impaired at least four hours before the event.
   3. A parking space clearly identified as reserved for the mobility impaired is considered designated and reserved for the mobility impaired and is sufficient basis for the enforcement of this section if the parking space has two of the following requirements:
      1. Blue paint on the curb or edge of the paved portion of the street or parking lot adjacent to the space;
      2. A sign bearing the international symbol of accessibility for the mobility impaired; or
      3. Notice that unauthorized use of the space is a nonmoving violation for which a fee of one hundred dollars must be imposed.
   4. Except for a temporarily reserved parking space for the mobility impaired, a sign posted must be immovable.
   5. A law enforcement officer shall enforce this section in any parking lot or parking facility, whether publicly or privately owned.
10. If the designated parking spaces for mobility-impaired individuals are occupied or inaccessible, a motor vehicle displaying the distinguishing certificate specified in subsection 4, license plates issued under section 39-04-10.2, or a disabled veteran plate issued under subdivision j of subsection 2 of section 39-04-18 may park at an angle and occupy two standard parking spaces.
11. An individual may not stop, stand, or park any vehicle in any designated parking space that is reserved for the mobility impaired unless the vehicle displays a mobility-impaired identification certificate issued by the director to a mobility-impaired individual. A mobility-impaired individual may not permit the use of a certificate issued under this section by an individual who is not mobility impaired when that use is not in connection with the transport of the mobility-impaired individual. The registered owner of a vehicle may not allow that vehicle to be used in a manner that violates this subsection. Proof of intent is not required to prove a registered owner’s violation of this subsection. The registered owner, however, may be excused from a violation if the owner provides the citing authority with the name and address of the individual operating the vehicle at the time of the violation. A vehicle may temporarily use a space reserved for a mobility-impaired individual without a mobility-impaired certificate for the purpose of loading and unloading a mobility-impaired individual. A violation of this subsection is a nonmoving violation for which a fee of one hundred dollars must be imposed. Notwithstanding section 29-27-02.1, fifty percent of the fee imposed and collected under this subsection is appropriated on a continuing basis to the state rehabilitation council for the development of competitive and integrated employment opportunities.
12. A motor vehicle licensed in another state which displays a special authorized vehicle designation issued by the licensing authority of that state for vehicles used in the transportation of a mobility-impaired individual must be accorded the same privilege provided in this section for similar vehicles licensed in this state if the laws of the other state provide the same privileges to North Dakota motor vehicles displaying the special identifying certificate authorized in this section.
13. An entity that violates the requirements of subsection 9 is guilty of an infraction if the entity does not comply with subsection 9 within sixty days after receiving official notification of the violation.
14. The department shall issue a mobility-impaired parking permit for a vehicle owned and operated by care providers licensed by the state, veterans-related organizations, and other entities that regularly transport mobility-impaired individuals for use by those providers and entities to park in designated parking spaces while transporting mobility-impaired individuals.

Source: S.L. 1967, ch. 293, §§ 1 to 4; 1975, ch. 106, § 418; 1977, ch. 330, § 1; 1979, ch. 406, § 1; 1981, ch. 379, § 1; 1987, ch. 441, § 1; 1989, ch. 319, §§ 2, 6; 1989, ch. 443, § 1; 1991, ch. 395, § 1; 1991, ch. 396, § 1; 1993, ch. 261, § 2; 1993, ch. 376, § 1; 1995, ch. 363, § 1; 1995, ch. 458, § 1; 2001, ch. 328, § 1; 2005, ch. 322, § 1; 2013, ch. 283, § 1; 2013, ch. 373, § 1; 2015, ch. 258, § 1, effective August 1, 2015; 2017, ch. 335, § 1, effective August 1, 2017; 2017, ch. 257, § 1, effective August 1, 2017; 2019, ch. 303, § 1, effective July 1, 2019; 2019, ch. 304, §§ 1, 2, effective August 1, 2019; 2021, ch. 352, § 352, effective September 1, 2022.

39-01-16. Hearing on alleged violations.

Any person having information that a licensed dealer has violated any provisions of this title may file with the director an affidavit specifically setting forth such violation. Upon receipt of such affidavit, the director shall investigate the violation alleged in the affidavit. If, after investigation, the director determines that the dealer’s license will be revoked or suspended, a notice of intent to revoke or suspend the license must be mailed to the dealer by certified mail. The notice must provide the dealer with an opportunity for a hearing prior to the effective date of the license revocation or suspension. A record of such hearings must be made by stenographic notes or use of an electronic recording device.

If after such hearing the director finds the violation charged in the affidavit has been proved by the evidence, an order must be served on the licensee revoking or suspending the dealer’s license for a period of time to be determined by the director. Such action may be appealed to the district court by following the appeal procedure set forth in chapter 28-32, except that the order revoking or suspending the license is ineffective while the appeal is pending.

The director has the power to appoint an administrative hearing officer to conduct the hearing, administer oaths, and subpoena and examine witnesses. The administrative hearing officer shall submit the findings to the director for consideration and final decision.

Any witness called by the prosecution, except a peace officer while on duty, shall receive the same fees and mileage as a witness in a civil case in district court.

Source: S.L. 1985, ch. 415, § 1; 1995, ch. 364, § 1; 2001, ch. 329, § 1.

Cross-References.

Suspension or revocation of dealer’s license, grounds, see § 39-22-04.

39-01-17. Authority to administer oaths and certify copies of records — Admissibility of records.

1. Officers and employees of the department designated by the director are, for the purpose of administering the motor vehicle laws, authorized to administer oaths and acknowledge signatures, and must do so without fee.
2. A certified copy of any record, electronic or original, maintained by the director relative to title 39 is admissible in any judicial proceedings or administrative hearing in the same manner as the original of the record.
3. In response to a subpoena, or upon the request of any appropriate government or judicial official, the director shall provide a duly certified copy of any book, paper, entry, record, or other document of that agency. This certified copy may consist of a photocopy or computer printout of the requested document certified by the director or a duly authorized representative.

Source: S.L. 1987, ch. 442, § 1; 1993, ch. 375, § 2.

39-01-18. Dealer bond cancellation — Reinstatement — Revocation of license.

Any dealer required to be bonded by the provisions of title 39 whose bond is canceled by the surety company shall file a new bond with the department before the effective date of the cancellation. The effective date of a bond cancellation must be thirty days after notification by certified mail to the department from the surety company. Any dealer failing to maintain a current surety bond with the department shall return the dealer’s license and dealer’s plates to the department on or before the effective date of the cancellation. Failure to return the dealer’s license or dealer’s plates results in automatic revocation by operation of law. The department may order the superintendent to take possession of any dealer’s license or dealer’s plates not returned to the department as required in this section. The department shall reinstate the dealer’s license and dealer’s plates if a new bond is received within thirty days of the revocation.

Source: S.L. 1989, ch. 444, § 1.

39-01-19. Permits for vending machines at rest areas. [Effective through August 31, 2022]

A vending machine that allows access to a tobacco product may not be placed or remain upon a rest area, and any other vending machine may not be placed or remain upon a rest area under the supervision of the director without a permit from the director. The director shall charge a fee for the issuance of a vending machine permit. The amount of the permit fee must relate to the department’s actual cost of administration, annual review, and enforcement of the permit process, but may not exceed twenty-five dollars annually. The permit process may not be affected by the content of a publication. The director shall require permittees to comply with appropriate indemnification, insurance, and other risk management provisions of the permit. Vending machines must be secured in a manner that prevents tipping and moving, deters theft, and leaves state property undamaged. Plexiglass, safety glass, or other shatter-resistant materials must be employed in windows or displays. All vending machines must be sufficiently enclosed to prevent the distributed product from inadvertently being removed or blown from the machine or weathered by the elements. Stolen or damaged vending machines do not result in liability to the department and must be repaired, restored, or replaced within thirty calendar days. All cashboxes and accesses to cashboxes must be metal and securely locked in place. All vending machines must be placed in a well-lighted area visible from the rest area roadway. All vending machines must be placed on a route allowing parallel access by motorized or standard wheelchairs, with at least sixty-six inches [1676.400 millimeters] of clear width. A vending machine may not have a component or function used by the public which requires more than five pounds [2.268 kilograms] of force to be applied. The height of controls, doors, or access points necessary for use by the public may not exceed sixty inches [1524 millimeters]. The director may determine the maximum number of vending machine placements at a given rest area. Priority must be given to vending machines placed pursuant to the Randolph Sheppard Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], as administered by the vocational rehabilitation division of the department of human services under section 50-06.1-13. When, after allowing for the placement of vending machines pursuant to the Randolph Sheppard Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], the director determines that the number of permit applications for a particular rest area would exceed the remaining available space or would prevent compliance with this section or other law, the director shall grant permits by means of a lottery, with permits allocated pro rata according to the number of applications for each type. The permittee is solely responsible to ensure that any trash, wrapping, boxes, or debris, generated when stocking or servicing vending machines is not left on or at the rest area. The permittee is solely responsible for all installation, maintenance, replacement, inspection, access area cleaning, and stocking of vending machines. Vandalism and graffiti on vending machines must be repaired or removed within fourteen days of written notice by the director. The permittee must inspect and stock vending machines as needed, but at least monthly, to provide adequate service to the public. Vending machines removed for repair or for other reasons must be restored or replaced by the permittee within thirty days. Vending machines in violation of this section or any other applicable law may be removed by the director fourteen days after notice of violation is provided and without liability to the director. Vending machines judged by the director to pose a risk to safety may be removed immediately without liability to the director and without prior notice to the permittee. The director shall retain any removed vending machines for thirty days to allow retrieval by the permittee, after compensation to the director for removal costs. The director may dispose of or sell machines not retrieved within thirty days of removal, but removal costs must be satisfied only to the extent of proceeds received by the director. The director has a cause of action to recover any deficiency, attorney’s fees, and litigation expenses. The director, upon the determination that a rest area must be closed for a period of greater than thirty days, may order the permittee, at the permittee’s expense, to remove all vending machines in a manner that does not damage state property, or remove all product and money and place upon the vending machine a prominent notice that all product and money have been removed. Should the director determine that removal of vending machines is necessary to conduct repairs, construction, surveys, or other duties of the department, the permittee, at the permittee’s expense, shall remove all vending machines in a manner that does not damage state property, upon fourteen days’ notice. The current address and telephone number where customer service or business is conducted by the permittee must be legibly and prominently posted upon the vending machine. The director shall cancel the permit should the permittee remove vending machines, except as provided in this section. The cost of any removal must be borne by the permittee. The permittee, at the permittee’s own expense, must restore the site the machine formerly occupied to the satisfaction of the director. For purposes of this section, “vending machine” means any device that allows access to a newspaper, magazine, beverage, concession, or other item for public consumption or use. For purposes of this section, “permittee” means any person or organization, including any corporation, partnership, firm, or any other legal entity capable of owning property and transacting business, which has applied for a permit under this chapter. For purposes of this section, “notice” consists of a written communication and must be deemed to have occurred within seventy-two hours of mailing, if mailed within North Dakota, or one hundred twenty hours of mailing, if mailed outside North Dakota. “Notice” to a vendor of the condition of a vending machine also occurs if a period of time greater than the required inspection interval for the vending machines has passed.

Source: S.L. 1999, ch. 331, § 1.

39-01-19. Permits for vending machines at rest areas. [Effective September 1, 2022]

A vending machine that allows access to a tobacco product may not be placed or remain upon a rest area, and any other vending machine may not be placed or remain upon a rest area under the supervision of the director without a permit from the director. The director shall charge a fee for the issuance of a vending machine permit. The amount of the permit fee must relate to the department’s actual cost of administration, annual review, and enforcement of the permit process, but may not exceed twenty-five dollars annually. The permit process may not be affected by the content of a publication. The director shall require permittees to comply with appropriate indemnification, insurance, and other risk management provisions of the permit. Vending machines must be secured in a manner that prevents tipping and moving, deters theft, and leaves state property undamaged. Plexiglass, safety glass, or other shatter-resistant materials must be employed in windows or displays. All vending machines must be sufficiently enclosed to prevent the distributed product from inadvertently being removed or blown from the machine or weathered by the elements. Stolen or damaged vending machines do not result in liability to the department and must be repaired, restored, or replaced within thirty calendar days. All cashboxes and accesses to cashboxes must be metal and securely locked in place. All vending machines must be placed in a well-lighted area visible from the rest area roadway. All vending machines must be placed on a route allowing parallel access by motorized or standard wheelchairs, with at least sixty-six inches [1676.400 millimeters] of clear width. A vending machine may not have a component or function used by the public which requires more than five pounds [2.268 kilograms] of force to be applied. The height of controls, doors, or access points necessary for use by the public may not exceed sixty inches [1524 millimeters]. The director may determine the maximum number of vending machine placements at a given rest area. Priority must be given to vending machines placed pursuant to the Randolph Sheppard Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], as administered by the vocational rehabilitation division of the department of health and human services under section 50-06.1-13. When, after allowing for the placement of vending machines pursuant to the Randolph Sheppard Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], the director determines that the number of permit applications for a particular rest area would exceed the remaining available space or would prevent compliance with this section or other law, the director shall grant permits by means of a lottery, with permits allocated pro rata according to the number of applications for each type. The permittee is solely responsible to ensure that any trash, wrapping, boxes, or debris, generated when stocking or servicing vending machines is not left on or at the rest area. The permittee is solely responsible for all installation, maintenance, replacement, inspection, access area cleaning, and stocking of vending machines. Vandalism and graffiti on vending machines must be repaired or removed within fourteen days of written notice by the director. The permittee must inspect and stock vending machines as needed, but at least monthly, to provide adequate service to the public. Vending machines removed for repair or for other reasons must be restored or replaced by the permittee within thirty days. Vending machines in violation of this section or any other applicable law may be removed by the director fourteen days after notice of violation is provided and without liability to the director. Vending machines judged by the director to pose a risk to safety may be removed immediately without liability to the director and without prior notice to the permittee. The director shall retain any removed vending machines for thirty days to allow retrieval by the permittee, after compensation to the director for removal costs. The director may dispose of or sell machines not retrieved within thirty days of removal, but removal costs must be satisfied only to the extent of proceeds received by the director. The director has a cause of action to recover any deficiency, attorney’s fees, and litigation expenses. The director, upon the determination that a rest area must be closed for a period of greater than thirty days, may order the permittee, at the permittee’s expense, to remove all vending machines in a manner that does not damage state property, or remove all product and money and place upon the vending machine a prominent notice that all product and money have been removed. Should the director determine that removal of vending machines is necessary to conduct repairs, construction, surveys, or other duties of the department, the permittee, at the permittee’s expense, shall remove all vending machines in a manner that does not damage state property, upon fourteen days’ notice. The current address and telephone number where customer service or business is conducted by the permittee must be legibly and prominently posted upon the vending machine. The director shall cancel the permit should the permittee remove vending machines, except as provided in this section. The cost of any removal must be borne by the permittee. The permittee, at the permittee’s own expense, must restore the site the machine formerly occupied to the satisfaction of the director. For purposes of this section, “vending machine” means any device that allows access to a newspaper, magazine, beverage, concession, or other item for public consumption or use. For purposes of this section, “permittee” means any person or organization, including any corporation, partnership, firm, or any other legal entity capable of owning property and transacting business, which has applied for a permit under this chapter. For purposes of this section, “notice” consists of a written communication and must be deemed to have occurred within seventy-two hours of mailing, if mailed within North Dakota, or one hundred twenty hours of mailing, if mailed outside North Dakota. “Notice” to a vendor of the condition of a vending machine also occurs if a period of time greater than the required inspection interval for the vending machines has passed.

Source: S.L. 1999, ch. 331, § 1; 2021, ch. 352, § 353, effective September 1, 2022.

39-02-01. Registrar of motor vehicles — Appointment — Term — Removal — Oath — Bond. [Repealed]

Repealed by S.L. 1989, ch. 72, § 25.

39-02-02. Salary and expenses of registrar. [Repealed]

Repealed by S.L. 1989, ch. 72, § 25.

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

The director may adopt and enforce such administrative rules, designate such agencies, and establish such branch offices, including contracted branch offices, as may be necessary to carry out the motor vehicle and driver’s license laws applicable to the director’s office and department. The director shall provide suitable motor vehicle and driver’s license forms and equipment requisite for the operation of the director’s office and department, and shall prepay all transportation charges thereon. Branch office contracts entered under this section may extend five years and may be renewed in accordance with this section. At least one year before the end of each branch office contract term, the department shall consider entering contracts with new branch office vendors. Notwithstanding any other provision of law, the director may enter direct negotiations and contract with qualified vendors to provide branch office services. The director may provide for a maximum fee schedule for the various services provided by the branch offices, not to exceed ten dollars for each service provided. Any branch office may establish a different fee schedule if the schedule does not contain a fee that exceeds a maximum fee established by the director and is approved by the director. All branch office managers must be bonded. The department may lease or provide office space or other costs as necessary to independent motor vehicle branch managers. All rents collected under this section must be deposited in the state highway fund. The department and the officers thereof shall enforce the provisions of all laws pertaining to the director and the department.

Source: S.L. 1927, ch. 179, § 3; R.C. 1943, § 39-0203; S.L. 1951, ch. 236, § 3; 1957 Supp., § 39-0203; S.L. 1967, ch. 294, § 1; 1975, ch. 323, § 1; 2005, ch. 323, § 1; 2011, ch. 41, § 24; 2013, ch. 43, § 13; 2015, ch. 12, § 17, effective July 1, 2015; 2021, ch. 281, § 1, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 17 of chapter 12, S.L. 2015 became effective July 1, 2015.

Note.

Section 21 of chapter 12, S.L. 2015 provides, “APPLICATION. Section 17 of this Act (which amended this section) applies to applicable contracts, regardless of whether entered before or after the effective date of this Act.”

39-02-03.1. Director to provide notice and opportunity for hearing prior to cancellation, revocation, suspension, or rescission of a motor vehicle registration or a certificate of title to a motor vehicle.

Whenever, under the laws pertaining to the cancellation, revocation, suspension, or rescission of a registration of a motor vehicle or a certificate of title to a motor vehicle, a determination has been made to cancel, revoke, suspend, or rescind either the registration or certificate of title, or both, the director shall provide the legal and registered owner with notice of such cancellation, revocation, suspension, or rescission and the opportunity for a hearing. Such notice must be sent by registered or certified mail, return receipt requested, not less than ten days prior to the effective date of the cancellation, revocation, suspension, or rescission.

Source: S.L. 1975, ch. 324, § 1.

39-02-04. Office of registrar open for licenses and information — Time. [Repealed]

Repealed by S.L. 1989, ch. 72, § 25.

39-02-05. (See note for contingent expiration of amendment) Records of the department open to public inspection.

Except as provided by chapter 39-33, all registration and license records in the office of the department must be public records and must be open to inspection by the public during business hours. The director shall charge a uniform fee, not to exceed three dollars, for each item of information furnished to any person concerning a specific motor vehicle. However, such charges may not be assessed to a person requesting information concerning a motor vehicle of which that person is the owner, nor may such charges apply to law enforcement officials requesting motor vehicle information in their official capacity. All fees received under the provisions of this section must be credited to the highway tax distribution fund.

Source: S.L. 1927, ch. 179, § 5; R.C. 1943, § 39-0205; S.L. 1959, ch. 289, § 2; 1991, ch. 397, § 1; 1997, ch. 349, § 11; 2007, ch. 316, § 2.

Note.

Section 11 of chapter 349, S.L. 1997, amended this section by substituting “Except as provided by chapter 39-33, all” for “All”, at the beginning of the section. The amendment by section 11 is subject to the contingent expiration date provided in section 12 of chapter 349, S.L. 1997.

Section 12 of chapter 349, S.L. 1997 provides:

“ EXPIRATION DATE. This Act becomes ineffective on the date the attorney general certifies to the legislative council that the Federal Driver’s Privacy Protection Act of 1994 [Pub. L. 103-322; 108 Stat. 2099; 18 USCS 2721] has been declared unconstitutional by the United States Supreme Court or is otherwise void.”

Cross-References.

Abstracts of motorists’ driving records, access to, see §§ 39-16-03, 39-16-03.1.

Access to public records, see § 44-04-18.

Collateral References.

Right to inspect motor vehicle records, 84 A.L.R.2d 1261.

39-02-06. Records of stolen or recovered motor vehicles to be furnished certain officials and departments. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-02-07. Penalty for violation of chapter. [Repealed]

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

39-03-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:

1. “Assistant superintendent” means the assistant highway patrol superintendent.
2. “Patrolmen” means the members of the highway patrol including the superintendent and the assistant superintendent.
3. “Superintendent” means the state highway patrol superintendent.

Source: R.C. 1943, § 39-0301; S.L. 1951, ch. 237, § 1; 1957 Supp., § 39-0301.

39-03-02. State highway patrol superintendent appointed by governor — Duties.

The governor shall appoint a state highway patrol superintendent who shall enforce the provisions of the laws of this state relating to the protection and use of the highways in this state and the operation of motor and other vehicles upon such highways.

Source: S.L. 1935, ch. 148, § 1; 1937 Sp., ch. 139, § 18, subs. a; 1941, ch. 175, § 4, subs. a; R.C. 1943, § 39-0302; S.L. 1951, ch. 237, § 2; 1957 Supp., § 39-0302; S.L. 1967, ch. 295, § 1.

39-03-03. Patrolmen — Appointment — Removal — Duties.

The superintendent, the assistant superintendent, and the patrolmen constitute the highway patrol. The highway patrol shall enforce the provisions of the laws of this state relating to the protection and use of highways and shall patrol the highways and cooperate with sheriffs and police in enforcing the laws regulating the operation of vehicles and the use of highways. All patrolmen and the assistant superintendent must be appointed by the superintendent. Each patrolman appointed is deemed a probationary employee for an initial period of six months, during which the patrolman must be placed under probationary training and service and is subject to an extension of an additional period of six months or dismissal at the will of the superintendent or the superintendent’s designee. At the end of the probationary period, a probationary employee must either be taken off probationary status or dismissed. A nonprobationary employee employed in a regular, classified position is subject to removal for cause by the superintendent or the superintendent’s designee, but the employee may appeal a dismissal under chapter 54-44.3 provided the removal of the assistant superintendent from the assistant superintendent position does not entitle that person to appeal the removal unless that person also is dismissed from the patrol.

Source: S.L. 1935, ch. 148, § 2; 1937 Sp., ch. 139, § 18, subs. b; 1941, ch. 175, § 4, subs. b; R.C. 1943, § 39-0303; S.L. 1947, ch. 262, § 1; 1949, ch. 240, § 1; 1951, ch. 237, § 3; 1955, ch. 239, § 5; 1957 Supp., § 39-0303; S.L. 1965, ch. 267, § 1; 1967, ch. 295, § 2; 1971, ch. 352, § 1; 1997, ch. 461, § 1; 2019, ch. 305, § 1, effective August 1, 2019.

39-03-04. Qualifications of patrolmen — Veterans have preference.

No person may be appointed as a patrolman unless the person has all of the following qualifications:

1. Has passed such physical examination and such other qualification test as may be required by the superintendent.
2. Is of good moral character and temperate habits.
3. Has been a citizen of the United States for not less than two years prior to the appointment.

Preference for appointment must be given at all times to honorably discharged veterans and citizens of the state of North Dakota, and all appointments must be made without regard to any political party affiliation of the applicant.

Source: S.L. 1935, ch. 148, § 7; 1937 Sp., ch. 139, § 18, subs. e; 1941, ch. 175, § 4, subs. e; R.C. 1943, § 39-0304; S.L. 1947, ch. 262, § 2; 1955, ch. 239, § 6; 1957 Supp., § 39-0304; S.L. 1967, ch. 295, § 3; 1973, ch. 120, § 35; 1983, ch. 418, § 1; 1991, ch. 398, § 1.

Cross-References.

Veterans’ preference, see § 37-19.1-02.

39-03-05. Badge issued to patrolmen — Contents of badge.

The superintendent shall issue to each patrolman a badge of authority with the seal of this state in the center thereof. The term “North Dakota patrol” must encircle such seal and above the same must appear the designation of the position held by the person to whom such badge is issued. Each such badge must contain a unit number or symbol of rank. No badge may be issued to any person who is not a duly appointed and acting member of the highway patrol.

Source: S.L. 1937 Sp., ch. 139, § 18, subs. g, subds. a, b; 1941, ch. 175, § 4, subs. g, subds. a, b; R.C. 1943, § 39-0305; S.L. 1951, ch. 237, § 4; 1957 Supp., § 39-0305; 2017, ch. 258, § 1, effective March 15, 2017.

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

The superintendent, assistant superintendent, and each patrolman, before entering upon the performance of the person’s duties, shall take and file the oath prescribed by law for state officers.

Source: S.L. 1935, ch. 148, § 3; 1937 Sp., ch. 139, § 18, subs. c; 1941, ch. 175, § 4, subs. c; R.C. 1943, § 39-0306; S.L. 1951, ch. 237, § 5; 1957 Supp., § 39-0306; S.L. 1999, ch. 113, § 13.

Cross-References.

Oath, see N.D. Const., Art. XI, § 4; § 44-01-05.

39-03-07. Salary of superintendent — Limitations.

The salary of the superintendent must be within the amount appropriated for salaries by the legislative assembly. The salary of the assistant superintendent and each patrolman must be fixed by the superintendent, and must be paid in the same manner as other state employees are paid.

Source: S.L. 1935, ch. 148, § 5; 1937 Sp., ch. 139, § 18, subs. d; 1941, ch. 175, § 4, subs. d; 1943, ch. 146, § 3; R.C. 1943, § 39-0307; S.L. 1945, ch. 250, § 1; 1947, ch. 262, § 3; 1957 Supp., § 39-0307; S.L. 1967, ch. 295, § 4; 1981, ch. 535, § 13.

39-03-08. Manner of paying salaries, wages, and expenses of highway patrol.

All salaries, wages, and other expenses of the highway patrol must be paid by the office of management and budget and state treasurer out of the patrol fund, upon vouchers required by law for the payment of all state expenses, duly approved by the superintendent, and audited and allowed by the office of the budget.

Source: S.L. 1935, ch. 148, § 4; 1937 Sp., ch. 139, § 18, subs. d; 1941, ch. 175, § 4, subs. d; 1943, ch. 146, § 3; R.C. 1943, § 39-0308; S.L. 1951, ch. 237, § 6; 1957 Supp., § 39-0308; S.L. 1959, ch. 372, § 48.

39-03-08.1. Contracts — Bids. [Repealed]

Repealed by S.L. 1999, ch. 332, § 1.

39-03-08.2. Requests for bids — How advertised. [Repealed]

Repealed by S.L. 1999, ch. 332, § 1.

39-03-08.3. Bids — Requirement. [Repealed]

Repealed by S.L. 1999, ch. 332, § 1.

39-03-08.4. Checks of three lowest bidders retained. [Repealed]

Repealed by S.L. 1999, ch. 332, § 1.

39-03-08.5. Award of contracts — Bond. [Repealed]

Repealed by S.L. 1999, ch. 332, § 1.

39-03-09. Powers of highway patrol.

The superintendent and each member of the highway patrol shall have the power:

1. Of a peace officer for the purpose of enforcing the provisions of this title relating to operators’ licenses, the provisions of title 24 relating to highways, and of any other law regulating the operation of vehicles or the use of the highways, and in addition the highway patrol shall enforce all laws relating to the use or presence of alcoholic beverages in motor vehicles.
2. To make arrests upon view and without warrant for any violation committed in the person’s presence of any of the provisions of this title relating to operators’ licenses, or of title 24 relating to highways or to other laws regulating the operation of vehicles or the use of the highways.
3. To direct traffic in conformance with law, or, in case of fire or emergency and to expedite traffic, or, to ensure safety by directing traffic as conditions may require notwithstanding the provisions of law.
4. To facilitate compliance with the provisions of this title, to require the driver of a vehicle to stop and exhibit the driver’s operator’s license and the registration cards issued for the vehicle, if any are required, and to submit to an inspection and test of the equipment of such vehicle.
5. For the purpose of locating stolen vehicles and to investigate the title and registration thereof, to inspect any vehicle of a type required to be registered under the provisions of this title, in any public garage or repair shop, or in any place where such vehicles are held for sale or wrecking.
6. To serve all warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways.
7. To investigate traffic accidents and secure testimony of witnesses or of persons involved.
8. To investigate reported thefts of motor vehicles, trailers, or semitrailers.
9. To take applications for operators’ licenses without making a charge therefor.
10. To enforce all laws, rules, or regulations of the state of North Dakota pertaining to the closing hours of all businesses or establishments selling alcoholic beverages outside the limits of incorporated cities of this state.
11. To exercise general police powers over all violations of law committed on state owned or leased property.
12. To exercise general police powers over all violations of law committed in their presence upon any highway and within the highway right of way or when in pursuit of any actual or suspected law violator.
13. To require a motor carrier owner, or a motor carrier’s agent, affected by rules adopted under chapter 39-21 to produce logs or other documents to determine compliance with rules adopted under chapter 39-21.
14. To provide security and protection for the governor, the governor’s immediate family, and other officers next in order of succession to the office of governor to the extent and in a manner the governor and the superintendent deem adequate and appropriate.
15. To provide security and protection for both houses of the legislative assembly while in session as in the opinion of the speaker of the house, the president of the senate, and the superintendent are deemed adequate and appropriate.
16. Of a peace officer when responding to a request for emergency assistance requiring an immediate response regardless of whether the request is being made by another law enforcement agency or officer.
17. To promote public trust and an understanding of law enforcement through education, community outreach, and job shadowing programs.
18. To exercise general police powers over any violation of law committed on public or private property when requested by another law enforcement agency.

Source: S.L. 1935, ch. 148, §§ 2, 6; 1937 Sp., ch. 139, § 18, subs. f, subds. 1 to 8, 10; 1941, ch. 175, § 4, subs. f, subds. 1 to 8, 10; R.C. 1943, § 39-0309; S.L. 1951, ch. 237, § 7; 1953, ch. 232, § 1; 1957 Supp., § 39-0309; S.L. 1959, ch. 236, § 2; 1959, ch. 289, § 14; 1965, ch. 268, § 1; 1967, ch. 295, § 5; 1967, ch. 296, § 1; 1987, ch. 443, § 1; 1991, ch. 399, §§ 1, 2; 1999, ch. 333, § 1; 2007, ch. 317, § 1; 2017, ch. 258, § 2, effective March 15, 2017; 2019, ch. 306, §§ 1, 2, effective August 1, 2019.

Note.

Section 39-03-09 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 306, Session Laws 2019, House Bill 1223; and Section 1 of Chapter 306, Session Laws 2019, House Bill 1223.

Cross-References.

Alcoholic beverages, see Title 5.

Arrests, see ch. 29-06.

Chemical tests for intoxication, implied consent, see ch. 39-20.

Driving under influence, see § 39-08-01.

Open container law, see § 39-08-18.

39-03-09.1. Job shadowing.

For purposes of education and community outreach, and to promote public trust, the superintendent may permit a nonmember of the highway patrol to participate in job shadowing activities, including:

1. Participating in a ride-along program with a member of the highway patrol while on duty;
2. Operating a highway patrol motor vehicle on a closed course under the supervision of a member of the highway patrol; and
3. Discharging a firearm owned and used by the highway patrol while at a training facility and under the supervision of a member of the highway patrol.

Source: S.L. 2019, ch. 11, § 3, effective July 1, 2019.

39-03-10. Patrolmen to inspect motor vehicles — Report violations. [Repealed]

Repealed by S.L. 1967, ch. 296, § 2.

39-03-11. Penalty for impersonating patrolman.

Any person is guilty of a class A misdemeanor if:

1. Without authority, the person wears the badge of a member of the highway patrol, or a badge of similar design which would tend to deceive anyone;
2. The person impersonates a member of the highway patrol or other officer or employee of the highway patrol with intent to deceive anyone; or
3. Without authority, the person wears a uniform likely to be confused with the official uniform of the highway patrol.

Source: S.L. 1937 Sp., ch. 139, § 18, subs. g, subds. c, d; 1941, ch. 175, § 4, subs. g, subds. c, d; R.C. 1943, § 39-0311; S.L. 1975, ch. 106, § 419.

39-03-12. Penalty in violation of chapter.

Any person who violates any of the provisions of this chapter, for which another penalty is not specifically provided, is guilty of a class B misdemeanor.

Source: S.L. 1937 Sp., ch. 139, § 21; R.C. 1943, § 39-0312; S.L. 1975, ch. 106, § 420.

Cross-References.

Classification of offenses, penalties, see § 12.1-32-01.

39-03-13. Additional powers of superintendent.

In addition to the superintendent’s powers as a member of the highway patrol, the superintendent of the patrol has the following powers as administrative head of the patrol:

1. The superintendent may organize the patrol into divisions, bureaus, and districts as the superintendent deems necessary.
2. The superintendent may designate ranks, fix salaries with appropriate allowances for those ranks, and establish promotional procedures.
3. The superintendent or the superintendent’s designee may take reasonable disciplinary action against members of the patrol for inefficiency, misconduct, insubordination, or violation of an established rule, whenever the superintendent or the superintendent’s designee deems the actions necessary, provided that:
   1. When demotion in rank is ordered summarily against a member of the patrol as a disciplinary measure, to be limited to a one-grade reduction in rank, the order is appealable under chapter 54-44.3.
   2. When a reduction in pay of a member of the patrol is ordered summarily as a disciplinary measure, it must be limited to one year’s duration and the order is appealable under chapter 54-44.3.
   3. Suspension of pay for a member of the patrol for a period not exceeding seven days may be ordered summarily as a disciplinary measure, but an order for suspension of pay for a longer period is appealable under chapter 54-44.3.
4. A suspension of pay for a member of the patrol may be summarily ordered not more than twice in one year as separate disciplinary measures, except that further suspensions are appealable under chapter 54-44.3.

Source: S.L. 1955, ch. 239, § 1; R.C. 1943, 1957 Supp., § 39-0313; S.L. 1967, ch. 295, § 6; 1971, ch. 352, § 2; 1997, ch. 461, § 2; 2019, ch. 305, § 2, effective August 1, 2019.

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

The superintendent of the highway patrol is responsible for the operation, maintenance, and administration of the law enforcement training center. The superintendent shall appoint a director of the training center who is responsible for coordinating basic and advanced peace officer training and such other duties as may be prescribed by the superintendent. All peace officer training which is conducted at the law enforcement training center shall meet the certification criteria established by the peace officer standards and training board and must be in accordance with the basic and advanced peace officer curriculum established by the peace officer standards and training board.

Source: S.L. 1981, ch. 154, § 11.

39-03-13.2. Silver alert notice system.

The superintendent, in cooperation with the bureau of criminal investigation and the division of state radio of the department of emergency services, shall establish a silver alert notice system to activate an urgent bulletin using the emergency alert system to air a description of a disabled adult or vulnerable elderly adult as defined in section 12.1-31-07 or a minor who has a developmental disability as defined in section 25-01.2-01, who has been reported to law enforcement as missing and to aid in the location of that individual.

Source: S.L. 2017, ch. 259, § 1, effective August 1, 2017.

39-03-14. Disciplinary board of review. [Repealed]

Repealed by S.L. 1971, ch. 352, § 3.

39-03-15. Radar evidence in speed violations.

The speed of any motor vehicle may be checked by the use of radio microwaves or other electrical device. The results of such checks shall be accepted as prima facie evidence of the speed of such motor vehicle in any court or legal proceedings where the speed of the motor vehicle is at issue. The driver of any such motor vehicle may be arrested without a warrant under this section, provided the arresting officer is in uniform or displays the officer’s badge of authority; provided that such officer has observed the record of the speed of such motor vehicle by the radio microwaves or other electrical device, or has received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves or other electrical device. Nothing herein shall affect the powers of cities or towns to adopt and use such device to measure speed.

Source: S.L. 1955, ch. 239, § 4; R.C. 1943, 1957 Supp., § 39-0315.

39-03-16. Safety division created — Director.

There is hereby created a safety division within the state highway patrol for the purpose of reducing the danger of travel on the highways, roads, and streets of this state, the number of motor vehicle accidents with resultant loss of lives, personal injuries, and property damage, and encouraging better law enforcement, more uniform penalties, safe driving practices, and public adherence to traffic safety laws, through public education, information, and support.

The director of the safety division must be appointed by the superintendent in accordance with sections 39-03-03 and 39-03-04, and possessing such qualifications by education or experience in the field of highway safety as the superintendent shall determine. The director shall receive such compensation as may be determined by the superintendent.

Source: S.L. 1963, ch. 267, § 1.

39-03-17. Powers and duties of director of the safety division.

The director of the safety division, under the supervision of the highway patrol superintendent, shall direct and carry on a public education and information program and assist and cooperate with all governmental or private agencies, organizations, or groups in order to encourage better and safer driving practices, better law enforcement, and more uniform penalties, for the purpose of reducing the number of motor vehicle accidents.

The director shall coordinate and strengthen the highway and traffic safety activities of the state of North Dakota and its political subdivisions. The director shall specifically promote the coordination of the functions of driver licensing and control, financial responsibility, traffic law enforcement, and other highway and traffic safety activities of the state highway patrol and the department of transportation, and shall generally work and cooperate with the officials in charge of these departments and all public officials in all matters relating to motor vehicle safety.

All supplies and equipment of the public safety division of the department of transportation are hereby transferred to the public safety division of the highway patrol created by section 39-03-16.

Source: S.L. 1963, ch. 267, § 2.

39-03-18. Highway patrol — Assets forfeiture fund — Purpose — Continuing appropriation.

There is created a fund to be known as the highway patrol assets forfeiture fund. The fund consists of funds obtained from moneys, assets, and proceeds seized and forfeited pursuant to section 19-03.1-36, amounts received through court proceedings as restitution, and amounts remaining from the forfeiture of property after the payment of expenses for forfeiture and sale authorized by law. The total amount of deposits into the fund may not exceed three hundred thousand dollars within a biennium and any moneys in excess of that amount must be deposited in the general fund. The funds are appropriated as a continuing appropriation to the highway patrol for the following purposes:

1. For paying expenses necessary to inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited, pursuant to section 19-03.1-36, or of any other necessary expenses incident to the seizure, detention, or forfeiture of the property.
2. For paying overtime compensation incurred as a result of investigations or violations of any state criminal law or law relating to the control of drug abuse.
3. For purchasing equipment related to criminal interdiction.
4. For paying matching funds required as a condition for receipt of funds from a federal government program awarding monetary grants or assistance for the investigation or apprehension of persons violating the provisions of chapter 19-03.1.

The superintendent of the highway patrol, with the concurrence of the director of the office of management and budget, shall establish the necessary accounting procedures for the use of the fund and shall personally approve, in writing, all requests for the use of the fund.

Source: S.L. 2007, ch. 318, § 1; 2009, ch. 319, § 1.

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

There is created in the state treasury a capitol building access card fund. The fund consists of any fees received by the superintendent for the issuance of capitol building access cards. The superintendent shall establish policies regarding the issuance of capitol building access cards and may charge a fee of ten dollars for each access card issued to an individual who is not an employee of the state of North Dakota. All moneys in the fund are appropriated to the highway patrol on a continuing basis for costs associated with the issuance of capitol building access cards and capitol complex security needs.

Source: S.L. 2017, ch. 36, § 8, effective July 1, 2017.

39-03.1-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:

1. “Accumulated deductions” means the total of the amounts deducted from the salary of a contributor and paid into the fund, and standing to the contributor’s credit in the fund, and interest credited on those amounts at a rate established by the board.
2. “Board” means the North Dakota public employees retirement board.
3. “Contributor” means any person who is a member of the North Dakota highway patrol, is subject to salary deductions to support the fund, and is employed on or after July 1, 1981.
4. “Fund” means the North Dakota highway patrolmen’s retirement fund.
5. “Patrol” means the North Dakota highway patrol.
6. “Salary” means the actual dollar compensation, excluding any bonus, overtime, or expense allowance, paid to or for a contributor for the contributor’s services.
7. “Surviving spouse” means that person lawfully married to the contributor at the time of the contributor’s death.

Source: S.L. 1949, ch. 239, § 1; 1951, ch. 238, § 1; 1955, ch. 240, §§ 1, 2; R.C. 1943, 1957 Supp., § 39-03A01; S.L. 1965, ch. 269, §§ 1, 2; 1971, ch. 353, § 10; 1975, ch. 325, § 1; 1981, ch. 380, § 1; 1983, ch. 419, § 2; 1987, ch. 444, § 1; 2015, ch. 259, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 259, S.L. 2015 became effective August 1, 2015.

Note.

Prior to 1979, this chapter was numbered chapter 39-03A.

39-03.1-02. North Dakota highway patrolmen’s retirement system.

A retirement system is hereby established for the members of the North Dakota highway patrol.

Source: S.L. 1949, ch. 239, § 2; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A02.

39-03.1-03. North Dakota highway patrolmen’s retirement board. [Repealed]

Repealed by S.L. 1983, ch. 419, § 4.

39-03.1-04. Administrative expenses.

The expense of the administration of this chapter, exclusive of the payment of retirement allowances and other benefits, must be paid by the state of North Dakota, by appropriation out of the highway patrol fund, made on the basis of budgets submitted by the board.

Source: S.L. 1949, ch. 239, § 4; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A04.

39-03.1-05. Deposit of contributions — Appropriation.

All moneys of the fund, including employers’ contributions, contributors’ contributions, grants, donations, legacies, and devises for the benefit of the fund, must be deposited in the public employees retirement fund account with the Bank of North Dakota. All of these moneys, not otherwise appropriated, are appropriated for the purpose of making investments for the fund and to make payments to beneficiaries under the program.

Source: S.L. 1949, ch. 239, § 5; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A05; S.L. 1987, ch. 444, § 2.

39-03.1-06. Rules and regulations — Actuarial data.

The board shall, from time to time, establish such rules and regulations for the administration of this chapter as may be deemed necessary. It shall cause to be made periodic actuarial investigations into the mortality and service experience of the contributors to and the beneficiaries of the fund.

Source: S.L. 1949, ch. 239, § 6; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A06.

39-03.1-07. Membership.

Except as otherwise provided, each member of the patrol, including the superintendent and assistant superintendent, shall contribute to the fund, and is eligible to nominate and vote for members of the board. Personnel of the truck regulatory division of the state highway department transferred to the highway patrol after July 1, 1983, are not required to contribute to the fund. They are members of the public employees retirement system and social security system.

Source: S.L. 1949, ch. 239, § 7; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A07; S.L. 1983, ch. 418, § 2; 1987, ch. 444, § 3.

39-03.1-08. Service allowance. [Repealed]

Repealed by S.L. 1987, ch. 444, § 8.

39-03.1-08.1. Purchase of legislative service credit.

A contributor may, prior to retirement, purchase service credit for the time during each legislative session spent serving as a member of the legislative assembly while a member of the fund. The contributor shall pay for the service credit an amount equal to the required member contributions and the state contributions for that period of time plus interest as established by the board. Service credit for legislative sessions prior to July 1, 1985, must be purchased before January 1, 1986. Service credit for each later legislative session must be purchased within one year after the adjournment of that legislative session.

Source: S.L. 1985, ch. 587, § 3; R.M. disapproved December 5, 1989, S.L. 1991, ch. 740.

Note.

The 1989 repeal of this section by S.L. 1989, ch. 223, section 8 was disapproved by R.M. December 5, 1989.

The section is set out above as it read prior to such repeal.

39-03.1-08.2. Purchase of additional service credit.

1. The fund may accept rollovers from other eligible plans under rules adopted by the board for the purchase of additional service credit, but only to the extent the transfer is a rollover contribution that meets the requirement of section 408 of the Internal Revenue Code [26 U.S.C. 408].
2. The board may accept trustee-to-trustee transfers as permitted by Internal Revenue Code section 403(b)(13) and section 457(e)(17) from an Internal Revenue Code section 403(b) annuity or Internal Revenue Code section 457 deferred compensation plan for the purchase of permissive service credit, as defined in Internal Revenue Code section 415(n)(3)(A), or as repayment of a cashout from a governmental plan under Internal Revenue Code section 415(k)(3).
3. A contributor may elect to purchase credit for years of service and prior service for which the contributor is not presently receiving credit. A contributor is entitled to purchase additional credit under this section for the following service or prior service, except this service is not eligible for credit if the years claimed also qualify for retirement benefits from another retirement system:
   1. Except as provided in subsection 3 of section 39-03.1-10.1, up to four years of credit for active employment in the armed forces of the United States.
   2. Employment as a permanent employee by a public employer either within or outside the state.
   3. Employment as a permanent employee by the federal government.
4. A contributor may elect to purchase credit for the following absences for which the participating contributor is not receiving service credit:
   1. Employer-approved leave of absence; and
   2. Months away from work while participating as a seasonal employee.
5. The contributor may purchase credit under this section by paying to the board an amount equal to the actuarial cost to the fund of providing the credit. The board shall adopt rules governing the purchase of additional credit under this section.
6. The board may establish individual retirement accounts and individual retirement annuities as permitted under section 408(q) of the Internal Revenue Code to allow employees to make voluntary employee contributions. The board may adopt appropriate rules as may be necessary to implement and administer the accounts and annuities under this section.
7. In addition to service credit identified in this section, a vested contributor may purchase up to five years of service credit.
8. Pursuant to rules adopted by the board, the board may allow a contributor to purchase service credit with either pretax or aftertax moneys, at the board’s discretion. If a contributor elects to purchase service credit using pretax moneys, the requirements and restrictions in subsection 2 of section 39-03.1-09 apply to the purchase arrangement.

Source: S.L. 2001, ch. 330, §§ 1, 4; 2003, ch. 308, § 1; 2007, ch. 482, § 1; 2009, ch. 514, § 2; 2019, ch. 463, § 1, effective August 1, 2019.

Note.

Pursuant to Section 5 of chapter 330, S.L. 2001, subsection 8 of this section became effective on December 22, 2003. Section 5 of chapter 330, S.L. 2001, provides:

“ EFFECTIVE DATE. Section 4 of this Act becomes effective on the date the board of trustees of the public employees retirement system receives a letter ruling from the internal revenue service that section 4 of this Act does not jeopardize the qualified status of the highway patrolmen’s retirement system. The board shall notify the legislative council of the effective date of section 4 of this Act.”

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

1. Every member, except as provided in section 39-03.1-07, shall contribute into the fund ten and thirty-hundredths percent of the member’s monthly salary, which sum must be deducted from the member’s salary and credited to the member’s account in the fund. Member contributions increase by one percent of the member’s monthly salary beginning with the monthly reporting period of January 2012; with an additional increase of one percent, beginning with the monthly reporting period of January 2013; with an additional increase of one percent, beginning with the monthly reporting period of January 2014; with an additional increase of one - half of one percent, beginning with the monthly reporting period of January 2022; with an additional increase of one - half of one percent, beginning with the monthly reporting period of January 2023; with an additional increase of one - half of one percent, beginning with the monthly reporting period of January 2024; and with an additional increase of one - half of one percent, beginning with the monthly reporting period of January 2025.
2. The state of North Dakota, at its option, may pay the member contributions required by subsection 1 for all compensation earned after June 30, 1983, and may pay the member contributions required to purchase service credit on a pretax basis pursuant to subsection 8 of section 39-03.1-08.2. The amount paid must be paid by the state in lieu of contributions by the member. A member may not receive the contributed amounts directly once the employer has elected to pay the member contributions. If the state decides not to pay the contributions, the amount that would have been paid will continue to be deducted from compensation. If contributions are paid by the state, they must be treated as employer contributions in determining tax treatment under this code and the federal Internal Revenue Code. If contributions are paid by the state, they must not be included as gross income of the member in determining tax treatment under this code and the Internal Revenue Code until they are distributed or made available. The state shall pay these member contributions from the same source of funds used in paying compensation to the members. The state shall pay these contributions by effecting an equal cash reduction in the gross salary of the employee or by an offset against future salary increases or by a combination of a reduction in gross salary and offset against future salary increases. If member contributions are paid by the state, they must be treated for the purposes of this chapter in the same manner and to the same extent as member contributions made prior to the date the contributions were assumed by the state. The option given employers by this subsection must be exercised in accordance with rules adopted by the board.
3. For compensation earned after August 1, 2009, all employee contributions required under subsection 1, and not otherwise paid under subsection 2, must be paid by the state in lieu of contributions by the member. All contributions paid by the state under this subsection must be treated as employer contributions in determining tax treatment under this code and the federal Internal Revenue Code. Contributions paid by the state under this subsection may not be included as gross income of the member in determining tax treatment under this code and the Internal Revenue Code until the contributions are distributed or made available. Contributions paid by the state in accordance with this subsection must be treated for the purposes of this chapter in the same manner and to the same extent as member contributions made before the date the contributions were assumed by the state. The state shall pay these member contributions from the same source of funds used in paying compensation to the members. The state shall pay these contributions by effecting an equal cash reduction in the gross salary of the employee. The state shall continue making payments under this section unless otherwise specifically provided for under the agency’s biennial appropriation or by law.

Source: S.L. 1949, ch. 239, § 9; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A09; S.L. 1965, ch. 269, § 3; 1971, ch. 353, § 2; 1975, ch. 325, § 2; 1977, ch. 331, § 1; 1979, ch. 407, § 1; 1981, ch. 380, § 2; 1983, ch. 217, § 2; 1983, ch. 418, § 3; 1985, ch. 416, § 1; 1987, ch. 444, § 4; 2003, ch. 308, § 2; 2009, ch. 514, § 3; 2011, ch. 432, § 1; 2013, ch. 431, § 1; 2021, ch. 282, § 1, effective August 1, 2021.

39-03.1-10. Contributions by the state.

The state shall contribute to the fund a sum equal to sixteen and seventy-hundredths percent of the monthly salary or wage of a participating member. State contributions increase by one percent of the monthly salary or wage of a participating member beginning with the monthly reporting period of January 2012; with an additional increase of one percent, beginning with the reporting period of January 2013; with an additional increase of one percent, beginning with the monthly reporting period of January 2014; with an additional increase of one-half of one percent, beginning with the monthly reporting period of January 2022; with an additional increase of one-half of one percent, beginning with the monthly reporting period of January 2023; with an additional increase of one-half of one percent, beginning with the monthly reporting period of January 2024; and with an additional increase of one-half of one percent, beginning with the monthly reporting period of January 2025. If the member's contribution is paid by the state under subsection 2 of section 39-03.1-09, the state shall contribute, in addition, an amount equal to the required member's contribution. The state shall pay the associated employer contribution for those members who elect to exercise their rights under section 39-03.1-10.3.

Source: S.L. 1949, ch. 239, § 10; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A10; S.L. 1965, ch. 269, § 4; 1971, ch. 353, § 3; 1981, ch. 380, § 3; 1983, ch. 217, § 3; 1985, ch. 416, § 2; 1989, ch. 445, § 1; 1991, ch. 630, § 1; 2011, ch. 432, § 2; 2013, ch. 431, § 2; 2021, ch. 282, § 2, effective August 1, 2021; 2021, ch. 439, § 1, effective August 1, 2021.

Note.

Section 39-03.1-10 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 352, Session Laws 2021, Senate Bill 1247; and Section 1 of Chapter 439, Session Laws 2021, Senate Bill 2044.

39-03.1-10.1. Refund and repurchase of contributions.

Except as provided in section 39-03.1-10.3, a contributor whose employment has been terminated for at least thirty days is entitled to a refund of or to repurchase contributions as follows:

1. 1. If the contributor has less than ten years of service at termination of employment, the refund is payable either on application of the contributor or is automatically payable if within thirty days after termination the contributor has not provided a written statement to the board waiving the refund and requesting the contributor’s account remain in the fund and the contributor has an account balance of less than one thousand dollars.
   2. If the contributor has at least ten years of service at the date of termination, the contributor may apply for a refund of accumulated deductions instead of retirement benefits. By receiving the refund of accumulated deductions under this subdivision, the contributor forfeits all months of service to the date of refund and cannot use those months for any future benefit calculations.
2. A contributor who was paid a refund under subdivision a of subsection 1 may, upon re-employment, elect to repurchase the forfeited past service for the retirement program and the retiree health benefits program in accordance with the rules adopted by the board.

Source: S.L. 1987, ch. 444, § 5; 1991, ch. 630, § 2; 1995, ch. 365, § 1; 1997, ch. 464, § 1; 1999, ch. 334, § 1; S.L. 2005, ch. 531, § 1; 2009, ch. 514, § 4.

39-03.1-10.2. Employer service purchases.

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

1. The contributor may not be given the option to choose between an employer service purchase and an equivalent amount paid in cash.
2. The contributor must meet one of the following conditions at the time the purchase is made:
   1. The contributor’s age plus service credit must be equal to or greater than seventy; or
   2. The contributor’s age must be at least fifty and the contributor must have at least ten years of service credit.
3. The board must determine the purchase price on an actuarially equivalent basis.
4. The purchase must be completed before the contributor’s retirement.
5. The employer may purchase a maximum of five years of service credit on behalf of the contributor.
6. The employer must pay the purchase price for the service credit purchased under this section in a lump sum.

Source: S.L. 2003, ch. 308, § 3.

39-03.1-10.3. Military service under the Uniformed Services Employment and Reemployment Rights Act — Member retirement credit.

A member re-employed under the Uniformed Services Employment and Re-employment Rights Act of 1994, as amended [Pub. L. 103-353Pub. L. 103-353; 108 Stat. 3150; 38 U.S.C. 4301-4333], is entitled to receive retirement credit for the period of qualified military service. The required contribution for the credit, including payment for retiree health benefits, must be made in the same manner and by the same party as would have been made had the employee been continuously employed. If the salary the member would have received during the period of service is not reasonably certain, the member’s average rate of compensation during the twelve-month period immediately preceding the member’s period of service or, if shorter, the period of employment immediately preceding that period, times the number of months of credit being purchased must be used. Employees must be allowed up to three times the period of military service or five years, whichever is less, to make any required payments. This provision applies to all qualifying periods of military service since October 1, 1994. Effective for years after December 31, 2008, compensation for purposes of Internal Revenue Code section 415 [26 U.S.C. 415], as amended, includes military differential wage payments, as defined in Internal Revenue Code section 3401(h) [26 U.S.C. 3401(h)], as amended. Any payments made by the member to receive qualifying credit inconsistent with this provision must be refunded. Employees shall make application to the employer for credit and provide a DD Form 214 to verify service. After December 31, 2006, if a participating member dies while performing qualified military service, as defined in section 414(u)(5) of the Internal Revenue Code [26 U.S.C. 414(u)(5)], as amended, the deceased member’s beneficiaries are entitled to any death benefits, other than credit for years of service for purposes of benefits, which would have been provided under the plan if the participating member had resumed employment and then terminated employment on account of death. The period of that member’s qualified military service is treated as vesting service under the plan.

Source: S.L. 2005, ch. 531, § 2; 2015, ch. 259, § 2, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 259, S.L. 2015 became effective August 1, 2015.

Note.

Section 16 of chapter 259, S.L. 2015 provides, “RETROACTIVE APPLICATION . Sections 2, (which amended this section) 8, and 14 are retroactive in application.”

39-03.1-10.4. Reduction in member and employer contributions.

The required increase in the amount of member and employer contributions under sections 39-03.1-09 and 39-03.1-10 must be reduced to the rate in effect on July 1, 2013, effective on the July first that follows the first valuation of the highway patrolmen’s retirement plan showing a ratio of the actuarial value of assets to the actuarial accrued liability of the highway patrolmen’s retirement plan that is equal to or greater than one hundred percent.

Source: S.L. 2013, ch. 431, § 3.

39-03.1-11. Retirement benefit.

Each contributor whose employment with the highway patrol has been terminated may apply to the board for retirement benefits according to this section and rules adopted by the board consistent with this chapter. The following procedures apply:

1. A contributor is entitled to credit for permanent employment or its equivalent from the date eligibility is attained until normal or postponed retirement date, as described in subsection 3.
2. Retirement benefits are based on the contributor’s final average salary. Final average salary is the average of the highest salary received by the contributor for any thirty-six months employed during the last one hundred twenty months of employment. For contributors who terminate employment on or after August 1, 2010, final average salary is the average of the highest salary received by the contributor for any thirty-six months employed during the last one hundred eighty months of employment. For contributors who terminate employment between July 31, 2005, and August 1, 2010, final average salary is the average of the highest salary received by the member for any thirty-six months employed during the period for which the board has appropriate and accurate salary records on its electronic database, but that period may not be more than the last one hundred eighty months of employment. For members who terminate employment after December 31, 2019, final average salary is the higher of the final average salary calculated on December 31, 2019, or the average salary earned in the three highest periods of twelve consecutive months employed during the last one hundred eighty months of employment. Months without earnings are excluded for the purpose of computing an average. If the contributor has worked for less than thirty-six months at the postponed retirement date, the final average salary is the average salary for all months of employment.
3. Retirement dates are as follows:
   1. Early retirement date is the first day of the month next following the month in which the contributor attains the age of fifty years and has completed at least ten years of eligible employment.
   2. Normal retirement date is:
      1. The first day of the month next following the month in which the contributor attains the age of fifty-five years and has completed at least ten years of eligible employment; or
      2. When the contributor has a combined total of years of service credit and years of age equal to eighty and has not received a retirement benefit under this chapter.
   3. Postponed retirement date is the first day of the month next following the month in which the contributor attains the age of sixty years.
   4. Disability retirement date is the first day of the month after a contributor becomes permanently and totally disabled, according to medical evidence called for under the rules of the board, and has completed at least one hundred eighty days of employment.
4. The board shall calculate retirement benefits as follows:
   1. Normal retirement benefits for all contributors reaching the normal retirement date are payable monthly, and are:
      1. The first twenty-five years of credited service multiplied by three and sixty hundredths percent of final average salary.
      2. All years in excess of twenty-five years of credited service multiplied by one and three-fourths percent of final average salary.
      3. All contributors who retired before August 1, 2001, or their beneficiaries, are entitled to receive benefits equal to three and sixty hundredths percent of final average salary multiplied by the first twenty-five years of credited service, plus one and three-fourths percent of final average salary multiplied by credited service in excess of twenty-five years, with the increased benefits payable beginning August 1, 2001.
   2. Early retirement benefits are normal retirement benefits accrued to the date of termination of employment, but actuarially reduced to account for benefit payments beginning before the normal retirement date.
   3. Postponed retirement benefits, for all contributors reaching the postponed retirement date, are calculated in the same manner as normal retirement benefits.
   4. Disability retirement benefits are payable monthly and are:
      1. Seventy percent of the contributor’s final average salary, reduced by any workforce safety and insurance benefits paid. The minimum monthly disability retirement benefit under this subsection is one hundred dollars.
      2. An individual or that person’s beneficiary who, on July 31, 2001, is receiving a disability retirement benefit is entitled to receive an increase in benefits equal to six percent of the individual’s present benefits, with the increase payable beginning August 1, 2001.
5. On termination of employment after completing ten years of eligible employment but before the normal retirement date, a contributor who does not elect to receive early retirement benefits is eligible to receive deferred vested retirement benefits. The deferred benefits are payable beginning on the contributor’s normal retirement date in one of the forms provided in this section. Contributors who have delayed or inadvertently failed to apply for retirement benefits to commence on their normal retirement date may choose to receive either a lump sum payment equal to the amount of missed payments, or an actuarial increase to the form of benefit the member has selected, which increase must reflect the missed payments. The final average salary used for calculating deferred vested retirement benefits must be increased annually, from the later of the date of termination of employment or July 1, 1991, until the date the contributor begins to receive retirement benefits from the fund, at a rate as determined by the board not to exceed a rate that would be approximately equal to annual salary increases provided state employees pursuant to action by the legislative assembly.
6. If before retiring a contributor dies after completing ten years of eligible employment, the board shall pay the contributor’s accumulated deductions to the contributor’s designated beneficiary as provided in this subsection. If the contributor has designated an alternate beneficiary with the surviving spouse’s written consent, the board shall pay the contributor’s account balance to the named beneficiary. If the contributor has named more than one primary beneficiary, the board shall pay the contributor’s account balance to the named primary beneficiaries in the percentages designated by the contributor or, if the contributor has not designated a percentage for the beneficiaries, in equal percentages. If one or more of the primary beneficiaries has predeceased the contributor, the board shall pay the predeceased beneficiary’s share to the remaining primary beneficiaries. If there are no remaining primary beneficiaries, the board shall pay the contributor’s account balance to the contingent beneficiaries in the same manner. If there are no remaining designated beneficiaries, the board shall pay the contributor’s account balance to the contributor’s estate. If the contributor has not designated an alternate beneficiary under this section or the surviving spouse is the beneficiary, the surviving spouse of the contributor may select one of the following optional forms of payment:
   1. A lump sum payment of the contributor’s accumulated deductions as of the date of death.
   2. Payment of a monthly retirement benefit equal to fifty percent of the deceased contributor’s accrued normal retirement benefits until the spouse dies.
7. If a contributor not eligible for the benefits of subsection 6 terminates employment for any reason before retirement, the contributor or the contributor’s designated beneficiary is entitled to the contributor’s accumulated deductions at termination.
8. The surviving spouse of a member receiving retirement benefits must be the member’s primary beneficiary unless there is no surviving spouse or the surviving spouse designates an alternate beneficiary in writing. If a contributor receiving retirement benefits, or a contributor’s surviving spouse receiving retirement benefits, dies before the total amount of benefits paid to them equals the amount of the contributor’s accumulated deductions at retirement, the difference must be paid to the named beneficiary of the recipient or, if there is no named beneficiary, to the recipient’s estate.
9. The board shall adopt rules providing for the receipt of retirement benefits in the following optional forms:
   1. An actuarially equivalent joint and survivor one hundred percent option.
   2. An actuarially equivalent life with ten-year or twenty-year certain options.
   3. An actuarially equivalent partial lump sum distribution option with a twelve-month maximum lump sum distribution.
   4. An actuarially equivalent graduated benefit option with either a one percent or two percent increase to be applied the first day of January of each year.

Unless a contributor requests that the contributor receive benefits according to one of these options at the time of applying for retirement, all retirement benefits must be in the form of a lifetime monthly pension, with a fifty percent option to the surviving spouse.

Source: S.L. 1949, ch. 239, § 11; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A11; S.L. 1975, ch. 325, § 3; 1987, ch. 444, § 6; 1989, ch. 446, § 1; 1989, ch. 447, § 1; 1989, ch. 448, § 1; 1989, ch. 449, § 1; 1991, ch. 400, § 1; 1993, ch. 377, § 1; 1995, ch. 365, §§ 2, 3, 5; 1997, ch. 326, § 1; 1999, ch. 334, § 2; 2001, ch. 330, §§ 2, 3; 2003, ch. 561, § 3; S.L. 2005, ch. 531, § 3; 2005, ch. 533, § 1; 2007, ch. 482, § 2; 2009, ch. 514, § 5; 2011, ch. 431, § 2; 2019, ch. 460, § 1, effective August 1, 2019.

Note.

Chapter 400, S.L. 1991, which amended this section, in section 4 provides:

“ APPLICATION OF ACT. The change in the definition of final average salary provided in section 1 of this Act applies to retirement benefits payable after June 30, 1991, but does not apply to contributors who retired before July 1, 1991.”

Cross-References.

Eligibility for retiree health benefits, see § 54-52.1-03.3.

39-03.1-11.1. Benefit limitations. [Repealed]

Repealed by S.L. 2003, ch. 308, § 7.

39-03.1-11.2. Internal Revenue Code compliance.

The board shall administer the plan in compliance with the following sections of the Internal Revenue Code, as amended, as it applies for governmental plans.

1. Section 415, including the defined benefit dollar limitation under section 415(b)(1)(A) of the Internal Revenue Code.
   1. The defined benefit dollar limitation under section 415(b)(1)(A) of the Internal Revenue Code, as approved by the legislative assembly, must be adjusted under section 415(d) of the Internal Revenue Code, effective January first of each year following a regular legislative session. The adjustment of the defined benefit dollar limitation under section 415(d) applies to participating members who have had a separation from employment, but that member’s benefit payments may not reflect the adjusted limit prior to January first of the calendar year in which the adjustment applies.
   2. If a participating member’s benefit is increased by plan amendment after the commencement of benefit payments, the member’s annual benefit may not exceed the defined benefit dollar limitation under section 415(b)(1)(A) of the Internal Revenue Code, as adjusted under section 415(d) for the calendar year in which the increased benefit is payable.
   3. If a participating member is, or ever has been, a participant in another defined benefit plan maintained by the employer, the sum of the participant’s annual benefits from all the plans may not exceed the defined benefit dollar limitation under section 415(b)(1)(A) of the Internal Revenue Code. If the participating member’s employer-provided benefits under all such defined benefit plans would exceed the defined benefit dollar limitation, the benefit must be reduced to comply with section 415 of the Internal Revenue Code. This reduction must be made pro rata between the plans, in proportion to the participating member’s service in each plan.
2. The minimum distribution rules under section 401(a)(9) of the Internal Revenue Code, including the incidental death benefit requirements under section 401(a)(9)(G), and the regulations issued under that provision to the extent applicable to governmental plans. Accordingly, benefits must be distributed or begin to be distributed no later than a member’s required beginning date, and the required minimum distribution rules override any inconsistent provision of this chapter. For a member who attains age seventy and one-half before January 1, 2020, the member’s required beginning date is April first of the calendar year following the later of the calendar year in which the member attains age seventy and one-half or terminates employment. For a member who attains age seventy and one-half after December 31, 2019, the member’s required beginning date is April first of the calendar year following the later of the calendar year in which the member attains age seventy-two or terminates employment.
3. The annual compensation limitation under section 401(a)(17) of the Internal Revenue Code, as adjusted for cost-of-living increases under section 401(a)(17)(B).
4. The rollover rules under section 401(a)(31) of the Internal Revenue Code. Accordingly, a distributee may elect to have an eligible rollover distribution, as defined in section 402(c)(4) of the Internal Revenue Code, paid in a direct rollover to an eligible retirement plan, as defined in section 402(c)(8)(B) of the Internal Revenue Code, specified by the distributee. For purposes of this section, “distributee” includes a beneficiary, other than a spouse, of a deceased member, provided however, in the case of a beneficiary other than a spouse, the direct rollover may be made only to an individual retirement account or individual retirement annuity described in section 408 or 408A of the Internal Revenue Code which is established on behalf of the beneficiary and will be treated as an inherited individual retirement account or individual retirement annuity under section 402(c)(11) of the Internal Revenue Code.
5. If the plan of retirement benefits set forth in this chapter is terminated or discontinued, the rights of all affected participating members to accrued retirement benefits under this chapter as of the date of termination or discontinuance is nonforfeitable, to the extent then funded.

Source: S.L. 2003, ch. 308, § 4; 2005, ch. 531, § 4; 2007, ch. 482, § 3; 2009, ch. 514, § 6; 2011, ch. 431, § 3; 2013, ch. 432, § 1; 2015, ch. 259, § 3, effective August 1, 2015; 2017, ch. 372, § 1, effective August 1, 2017; 2021, ch. 439, § 2, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 259, S.L. 2015 became effective August 1, 2015.

39-03.1-11.3. Supplemental retiree benefit payment.

If the board determines that the fund has obtained a total return on investments of nine and six hundredths percent or higher for the fiscal year ending June 30, 2007, or June 30, 2008, the board shall authorize an additional payment equal to seventy-five percent of the January retirement allowance following the fiscal yearend to each eligible retiree in pay status as of that January, including joint and survivor and term certain beneficiaries, under this chapter. The board may only make one payment under this section.

Source: S.L. 2005, ch. 533, § 2; 2007, ch. 484, § 1.

39-03.1-12. Retirement allowance. [Repealed]

Repealed by S.L. 1987, ch. 444, § 8.

39-03.1-13. Optional retirement. [Repealed]

Repealed by S.L. 1987, ch. 444, § 8.

39-03.1-14. Optional retirement allowance. [Repealed]

Repealed by S.L. 1987, ch. 444, § 8.

39-03.1-14.1. Multiple plan membership — Eligibility for benefits — Amount of benefits.

1. For the purpose of determining eligibility for benefits under this chapter, a member’s years of service is the total of the years of service earned under this chapter and the years of service employment or years of service credit earned in any number of the following, the total of which may not exceed twelve months of credit per year:
   1. The public employees retirement system.
   2. The teachers’ fund for retirement.
   3. The teachers’ insurance and annuity association of America — college retirement equities fund (TIAA-CREF), for service credit earned while employed by North Dakota institutions of higher education.
2. If a member terminates eligible employment under this chapter, if that member has not received a refund of the member’s accumulated deductions, and if that member begins eligible employment in a plan described in subdivision a or b of subsection 1, that member may elect to remain an inactive member of the system without refund of the member’s accumulated deductions. The election must be made within ninety days after beginning the eligible employment. The board shall terminate the inactive status of a member under this subsection if the member gains eligible employment under this chapter or if the member terminates eligible employment under a plan described in subdivision a or b of subsection 1.
3. Pursuant to rules adopted by the board, a member who has service credit in the system and in any of the alternate plans described in subdivision a or b of subsection 1 is entitled to benefits under this chapter. The employee may elect to have benefits calculated using the benefit formula in section 39-03.1-11 under either of the following calculation methods:
   1. By using the final average salary as calculated in section 39-03.1-11. If the participating member has worked for less than thirty-six months at retirement, the final average salary is the average salary for the total months of employment.
   2. Using the final average salary as calculated in section 39-03.1-11, with service credit not to exceed one month in any month when combined with the service credit earned in the alternate retirement system.

The board shall calculate benefits for an employee under this subsection by using only those years of service employment earned under this chapter.

Source: S.L. 1985, ch. 222, § 3; S.L. 1987, ch. 223, § 2; R.M. disapproved December 5, 1989, S.L. 1991, ch. 740; 2003, ch. 308, § 5; 2011, ch. 431, § 4; 2015, ch. 259, § 4, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 259, S.L. 2015 became effective August 1, 2015.

Note.

The 1989 amendment of this section by S.L. 1989, ch. 223, section 2 was disapproved by R.M. December 5, 1989.

The section is set out above as it read prior to such amendment.

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

1. The board shall pay retirement benefits in accordance with the applicable requirements of any qualified domestic relations order. The board shall review a domestic relations order submitted to it to determine if the domestic relations order is qualified under this section and under rules established by the board for determining the qualified status of domestic relations orders and administering distributions under the qualified orders. Upon determination that a domestic relations order is qualified, the board shall notify the contributor and the named alternate payee of its receipt of the qualified domestic relations order.
2. A “qualified domestic relations order” for purposes of this section means any judgment, decree, or order, including approval of a property settlement agreement, which relates to the provision of child support, spousal support, or marital property rights to a spouse, former spouse, child, or other dependent of a contributor, is made pursuant to a North Dakota domestic relations law, and which creates or recognizes the existence of an alternate payee’s right to, or assigns to an alternate payee the right to, receive all or a part of the benefits payable to the contributor. A qualified domestic relations order may not require the board to provide any type or form of benefit, or any option, not otherwise provided under the retirement system, or to provide increased benefits as determined on the basis of actuarial value. However, a qualified domestic relations order may require the payment of benefits at the early retirement date notwithstanding that the contributor has not terminated eligible employment. A qualified domestic relations order must specify:
   1. The name and the last-known mailing address of the contributor and the name and mailing address of each alternate payee covered by the order;
   2. The amount or percentage of the contributor’s benefits to be paid by the plan to each alternate payee;
   3. The number of payments or period to which the order applies; and
   4. Each retirement plan to which the order applies.

Source: S.L. 1989, ch. 392, § 3.

39-03.1-15. Disability retirement. [Repealed]

Repealed by S.L. 1981, ch. 380, § 8.

39-03.1-16. Disability retirement allowance. [Repealed]

Repealed by S.L. 1981, ch. 380, § 8.

39-03.1-17. Severance allowance. [Repealed]

Repealed by S.L. 1987, ch. 444, § 8.

39-03.1-18. Compulsory termination of employment.

A contributor who is at least the age of sixty years may not continue employment with the patrol. The superintendent shall terminate the employment of such a member. The termination is effective no later than the member’s sixtieth birthday.

Source: S.L. 1949, ch. 239, § 16; 1951, ch. 238, § 1; 1953, ch. 234, § 1; R.C. 1943, 1957 Supp., § 39-03A18; S.L. 1959, ch. 290, § 4; 1967, ch. 295, § 7; 1987, ch. 444, § 7.

39-03.1-19. Refunds in case of resignation or discharge. [Repealed]

Repealed by S.L. 1965, ch. 269, § 9.

39-03.1-20. Payments upon death. [Repealed]

Repealed by S.L. 1965, ch. 269, § 9.

39-03.1-21. Payments in case of death. [Repealed]

Repealed by S.L. 1987, ch. 444, § 8.

39-03.1-21.1. Children’s benefit — Limitation. [Repealed]

Repealed by S.L. 1981, ch. 380, § 8.

39-03.1-22. Payments of allowances.

The allowances granted under the provisions of this chapter may not be increased, decreased, revoked, or repealed except as provided by law.

Source: S.L. 1949, ch. 239, § 20; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A22.

39-03.1-23. Exemptions from taxes and executions. [Repealed]

Repealed by S.L. 1987, ch. 386, § 2.

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

Repealed by S.L. 1993, ch. 377, § 2.

39-03.1-25. Fraud — Correction of errors.

No person may knowingly make any false statement, or may falsify or permit to be falsified any record or records of the retirement system herein established in any attempt to defraud such system. Should any such change in records fraudulently made or any mistake in records inadvertently made result in any contributor or other beneficiary receiving more or less than the person would have been entitled to had the records been correct, then, on the discovery of such error, the board shall correct such error and shall adjust the payments which shall be made to the contributor in such manner that the benefit to which the contributor was correctly entitled shall be paid.

Source: S.L. 1949, ch. 239, § 24; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A25; S.L. 1975, ch. 106, § 421.

39-03.1-26. Payments under other laws.

All payments provided for in this chapter are in addition to any other benefits now or hereafter provided for under the workforce safety and insurance laws of this state.

Source: S.L. 1949, ch. 239, § 27; 1951, ch. 238, § 1; R.C. 1943, 1957 Supp., § 39-03A26; S.L. 1981, ch. 380, § 7; 1989, ch. 69, § 42; 2003, ch. 561, § 3.

39-03.1-27. Legislative intent.

The legislative assembly in recognition of the value of good employer-employee relationships and the need to recruit and retain qualified highway patrolmen in this state, hereby declares its intent that the state should provide the comparable contribution for retirement of highway patrolmen’s retirement system members as it provides for other state employees. It is the further intent of the legislative assembly that because of the increase in state contributions to the North Dakota highway patrolmen’s retirement system, the members of such system shall not obligate the state to additional payments for federal social security benefits for such members.

Source: S.L. 1971, ch. 353, § 1; 1989, ch. 447, § 2.

39-03.1-28. Confidentiality of records.

All records relating to the retirement benefits of a member or a beneficiary under this chapter are confidential and are not public records. The information and records may be disclosed, under rules adopted by the board only to:

1. A person to whom the member has given written consent to have the information disclosed.
2. A person legally representing the member, upon proper proof of representation, and unless the member specifically withholds consent.
3. A person authorized by a court order.
4. A member’s participating employer, limited to information concerning the member’s years of service credit and years of age. The board may share other types of information as needed by the employer to validate the employer’s compliance with existing state or federal laws. Any information provided to the member’s participating employer under this subsection must remain confidential except as provided under subsection 6.
5. The administrative staff of the retirement and investment office for purposes relating to membership and benefits determination.
6. State or federal agencies for purposes of reporting on a service provider’s provision of services or when the employer must supply information to an agency to validate the employer’s compliance with existing state or federal laws.
7. Member interest groups approved by the board on a third-party blind list basis, limited to information concerning the member’s participation, name, and address.
8. The member’s spouse or former spouse, that individual’s legal representative, and the judge presiding over the member’s dissolution proceeding for purposes of aiding the parties in drafting a qualified domestic relations order under section 39-03.1-14.2. The information disclosed under this subsection must be limited to information necessary for drafting the order.
9. Beneficiaries designated by a participating member or a former participating member to receive benefits after the member’s death, but only after the member’s death. Information relating to beneficiaries may be disclosed to other beneficiaries of the same member.
10. Any person if the board determines disclosure is necessary for treatment, operational, or payment purposes, including the completion of necessary documents.
11. The general public, but only after the board has been unable to locate the member for a period in excess of two years, and limited to the member’s name and the fact that the board has been unable to locate the member.
12. A government child support enforcement agency for purposes of establishing paternity or establishing, modifying, or enforcing a child support obligation of the member.
13. A person if the information relates to an employer service purchase under section 39-03.1-10.2, but the information must be limited to the member’s name and employer, the retirement program in which the member participates, the amount of service credit purchased by the employer, and the total amount expended by the employer for that service credit purchase, and that information may only be obtained from the member’s employer.

Source: S.L. 1987, ch. 224, § 2; 2003, ch. 308, § 6; S.L. 2005, ch. 415, § 14; 2005, ch. 531, § 5; 2007, ch. 482, § 4.

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.

Source: S.L. 1991, ch. 400, § 3; 2013, ch. 432, § 2.

39-03.1-30. Conversion of sick leave.

A member is entitled to credit in the retirement system for each month of unused sick leave, as certified by the employer, if the member or the member’s employer pays an amount equal to the member’s final average salary, times the number of months of sick leave converted, times the employer and employee contribution, plus the required contribution for the retiree health benefits program. Hours of sick leave equal to a fraction of a month are deemed to be a full month for purposes of conversion to service credit. A member may convert all of the member’s certified sick leave or a part of that person’s certified sick leave.

Source: S.L. 1995, ch. 365, § 4; 1997, ch. 464, § 2; S.L. 2005, ch. 531, § 6; 2007, ch. 482, § 5.

39-04-01. Definitions. [Repealed]

Repealed by S.L. 1987, ch. 439, § 2.

39-04-02. Application for the registration of a vehicle — Contents — Penalty.

Application for the registration of a vehicle must be made as provided in this section:

1. Application must be made by the owner thereof using the legal name as evidenced by a valid state-issued driver’s license, identity card, or any other documentary evidence that confirms to the satisfaction of the director the true identity of the owner, upon appropriate forms approved or furnished by the department, and every application must be signed by the owner and must contain the owner’s county of residence, address, and a brief description of the vehicle to be registered, including the name of the maker, either the engine, serial, or identification number, if any, whether new or used, and the last license number known, and the state in which issued, and, upon the registration of a new vehicle, the date of sale by the manufacturer or dealer to the person first operating the vehicle. When two or more owners are designated, at least one of the owners must comply with the identification requirement in this subsection and all names used must be legal names. The application must contain other information as may be required by the department.
2. If the vehicle for which registration is sought is a specially constructed, reconstructed, or foreign vehicle, the facts must be stated in the application. The owner of every vehicle which has been registered outside this state shall exhibit to the department the certificate of the title and registration card or other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.
3. If the vehicle for which registration is sought is a new vehicle, no registration may be issued unless a certificate of origin executed by the manufacturer of such vehicle is attached to the application for registration or is attached to the application for the certificate of title for such vehicle. If the new vehicle for which registration is sought is of foreign manufacture, the certificate of origin must be furnished by the importer of such vehicle. The manufacturer or importer of all new vehicles shall designate the total shipping weight of the vehicle on the certificate of origin.
4. In applying for registration the buyer shall state the buyer’s post-office address and county and city or township of residence and the dealer shall make specific inquiry relative thereto before completing the application.
5. If the registration is for a semitrailer tank designated as MC306, MC307, MC312, MC330, MC331, or MC338, the applicant must show, upon request by an officer of the highway patrol, the status of compliance with hazardous material rules of the United States department of transportation or of this state. Violation of this subsection is punishable by a fine of one hundred dollars.

Source: S.L. 1927, ch. 179, §§ 9, 30; 1933, ch. 160, §§ 4, 11; 1935, ch. 176, § 1; 1935, ch. 177, § 1; R.C. 1943, §§ 39-0405, 39-0467; S.L. 1947, ch. 257, § 1; 1955, ch. 244, § 5; 1957, ch. 250, § 1; 1957, ch. 259, § 1; 1957 Supp., §§ 39-0405, 39-0467; S.L. 1959, ch. 289, § 15; 1961, ch. 254, § 1; 1981, ch. 378, § 8; 1987, ch. 445, § 1; 2009, ch. 320, § 1.

39-04-02.1. Change of address.

Whenever any person after making application for or obtaining the registration of a vehicle moves from the address named in the application or shown upon a registration card such person shall within ten days thereafter notify the department of the person’s old and new addresses.

Source: S.L. 1981, ch. 378, § 2; 2005, ch. 323, § 2.

39-04-03. Size of tires to be given in application when truck, combination truck, or trailer registered. [Repealed]

Repealed by S.L. 1971, ch. 355, § 1.

39-04-04. Register of applicants to be kept by the department.

The department shall file each application received, and when satisfied as to the genuineness and regularity thereof, and that the applicant is entitled thereto, shall register the described vehicle and the owner in books or electronic data processing files or on index cards or film as follows:

1. Under a distinctive registration number assigned to the vehicle and its owner, referred to in this chapter as the registration number.
2. Alphabetically under the name of the owner.
3. Numerically by the serial or identification number of the vehicle.
4. In the discretion of the department, in any other manner it may deem desirable.

Source: S.L. 1927, ch. 179, § 10; 1931, ch. 186, § 3; R.C. 1943, § 39-0407; S.L. 1959, ch. 289, § 15; 1981, ch. 378, § 9; 1987, ch 446, § 1.

39-04-05. Grounds for refusing registration.

The department shall refuse registration or any transfer of registration upon any of the following grounds:

1. That the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the department or that the applicant is not entitled to registration of the vehicle under this chapter.
2. That the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways.
3. That the department has reasonable ground to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration would constitute a fraud against the rightful owner or other person having valid lien upon the vehicle.
4. That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state.
5. That the required fee has not been paid.
6. When any sales tax or motor vehicle excise tax, properly due, has not been paid.
7. For failure to maintain security for payment of basic no-fault benefits and the liabilities covered under motor vehicle liability insurance on a motor vehicle as required by chapter 26.1-41.
8. For failure to provide proof of payment of the heavy vehicle use tax due, as required, to the internal revenue service.
9. When the vehicle is operating in violation of the provisions of the international registration plan, international fuel tax agreement, or the unified carrier registration plan.
10. When a motor carrier has been ordered out of service by the federal motor carrier safety administration.

The director shall promulgate rules and regulations for refusal of registration of vehicles not equipped as required by chapter 39-21.

Source: S.L. 1927, ch. 179, § 22; 1937, ch. 167, § 1; R.C. 1943, § 39-0408; S.L. 1959, ch. 289, § 15; 1971, ch. 356, § 1; 1975, ch. 265, § 21; 1975, ch. 326, § 1; 1981, ch. 378, § 10; 1985, ch. 317, § 66; 1987, ch. 447, § 1; 1991, ch. 401, § 1; 2005, ch. 324, § 1; 2007, ch. 337, § 1.

39-04-05.1. Refusal to register vehicle — Revoking registration — Appeal.

1. If the department determines that an applicant for registration of a vehicle is not entitled to registration, it may refuse to register the vehicle. The applicant has no further right to apply for registration on the statements contained in the application unless the department reverses its decision or its decision is reversed by a court of competent jurisdiction.
2. The department may, after giving notice to the owner and an opportunity for a hearing, revoke the registration of a vehicle if it determines that the vehicle is not entitled to registration. The notice must be served in person or by registered or certified mail.

Source: S.L. 1981, ch. 378, § 3.

39-04-06. When registration rescinded or suspended.

The department shall rescind or suspend the registration of a vehicle for any of the following:

1. When the department determines a vehicle is unsafe or unfit to be operated or is not equipped as required by law.
2. When the person to whom the registration card or registration number plates have been issued makes or permits any unlawful use of the same or permits the use thereof by a person or on a vehicle not entitled thereto.
3. When the department finds that a vehicle is registered in accordance with a reciprocity agreement, arrangement, or declaration and the vehicle is operated in violation of the agreement.
4. When the department determines that a motor vehicle is not covered by security for payment of basic no-fault benefits and the liabilities covered under motor vehicle liability insurance as required by chapter 26.1-41.
5. When the department is satisfied that the registration or registration card, plate, or permit was fraudulently or erroneously issued.
6. When a registered vehicle has been dismantled or wrecked.
7. When a registration card, registration plate, or permit is knowingly displayed upon a vehicle other than the one for which issued.
8. When the department determines that the owner has committed any offense under this chapter involving the registration or the registration card, plate, or permit to be suspended or rescinded.
9. When the purchaser or transferee of a vehicle fails to present the endorsed and assigned certificate of title to the department for transfer and make application for a new certificate of title within thirty days as required by section 39-05-17.
10. When the department determines a vehicle is operating in violation of the provisions of the international fuel tax agreement.
11. When a motor carrier has been ordered out of service by the federal motor carrier safety administration.

Any registration suspended for any of the above reasons must be restored upon compliance with the laws governing vehicle registration.

Whenever a check is returned to the department for want of payment the department shall rescind the registration of the vehicle covered by the check.

Any registration rescinded for want of payment of a check must be restored upon payment of the registration fee and a reasonable cost not to exceed twenty dollars for the collection of the check. If a returned check has a value exceeding one thousand dollars, the department shall also collect an additional fee of one percent of the value of the check.

Source: S.L. 1927, ch. 179, § 23; R.C. 1943, § 39-0409; S.L. 1953, ch. 235, § 1; 1957 Supp., § 39-0409; S.L. 1959, ch. 289, § 15; 1963, ch. 268, § 1; 1967, ch. 297, § 1; 1973, ch. 286, § 1; 1975, ch. 265, § 22; 1977, ch. 332, § 1; 1979, ch. 187, § 75; 1981, ch. 378, § 11; 1983, ch. 416, § 2; 1985, ch. 317, § 67; 1985, ch. 417, § 1; 1991, ch. 401, § 2; 1995, ch. 366, § 1; 2005, ch. 324, § 2.

39-04-07. Department to suspend registration upon notice of theft or embezzlement.

Whenever the owner of any motor vehicle which is stolen or embezzled files an affidavit alleging either of such facts, the department immediately shall suspend the registration of such vehicle and may not transfer the registration thereof nor reregister the same until such time as it is notified that the owner has recovered such vehicle. Notices given as provided in this section are effective only during the current registration year in which given, but if during such year such vehicle is not recovered a new affidavit may be filed with like effect during the ensuing year. Every owner who has filed an affidavit of theft or embezzlement immediately must notify the department of the recovery of such vehicle.

Source: S.L. 1927, ch. 179, § 21; R.C. 1943, § 39-0410; S.L. 1959, ch. 289, § 15.

39-04-08. Number plates furnished by the department.

The department shall furnish to every motor vehicle owner two number plates for each registered motor vehicle, and one number plate for each registered motorcycle, trailer, or housetrailer. The department may, in its discretion, furnish only one number plate for each registered apportioned vehicle licensed under the international registration plan as authorized in section 39-19-04, truck tractor, or semitrailer.

Source: S.L. 1927, ch. 179, § 13; R.C. 1943, § 39-0411; S.L. 1955, ch. 241, § 1; 1957, ch. 251, § 1; 1957 Supp., § 39-0411; S.L. 1959, ch. 289, § 15; 1977, ch. 333, § 1; 1981, ch. 381, § 1; 1985, ch. 418, § 1.

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

Motor vehicle number plates may not be assigned as a reward for any political activity, in recognition of any political affiliation or membership in any political party, or on the basis of political favoritism. However, an elected state office may be assigned a single or double digit number on a number plate as requested by that official. The department of transportation may adopt rules governing the assignment of numbers on motor vehicle number plates in accordance with this section.

Source: S.L. 1991, ch. 16, § 7; 1999, ch. 12, § 7; 2001, ch. 331, § 1.

39-04-09. Director may design and issue number plates.

The director may design and issue plates of distinctly different color for each classification of motor vehicle, and there must at all times be a marked contrast between the background color of the plates and that of the numerals and letters on the plates. License plates must be acquired from the North Dakota state penitentiary if the penitentiary has the facilities to manufacture license plates. The director shall make a general issue during the biennium beginning July 1, 2013, and ending June 30, 2015, and continuing into the biennium beginning July 1, 2015, and ending June 30, 2017.

Source: S.L. 1941, ch. 194, § 2, subs. e2; R.C. 1943, § 39-0412; S.L. 1957, ch. 251, § 2; 1957 Supp., § 39-0412; S.L. 1959, ch. 289, § 15; 1975, ch. 327, § 1; 1987, ch. 449, § 1; 2013, ch. 43, § 14.

Collateral References.

Improper use of automobile license plates as affecting liability or right to recover for injuries, death or damages in consequence of automobile accident, 99 A.L.R.2d 904.

39-04-09.1. Commemorative Lewis and Clark number plates. [Repealed]

Source: S.L. 1999, ch. 12, § 6; 2001, ch. 331, § 8; 2005, ch. 323, §§ 4, 5; 2015, ch. 260, § 1, effective August 1, 2015.

39-04-10. Special plates for amateur radio station licenseholders.

Owners of motor vehicles required to be registered under subdivisions a and b of subsection 2 of section 39-04-19, who hold an unrevoked and unexpired official amateur radio station license issued by the federal communications commission, Washington, D.C., may receive special plates. The plates will be issued upon application to the department, accompanied by proof of ownership of the amateur radio station license, compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles, and payment of the regular license fee, as prescribed under the North Dakota motor vehicle laws. The special plates will be issued in lieu of the plates ordinarily issued, and must have inscribed on them the official amateur radio call letters of the applicant as assigned by the federal communications commission.

Source: S.L. 1951, ch. 235, §§ 1, 2; 1957, ch. 253, § 1; R.C. 1943, 1957 Supp., § 39-04121; S.L. 1959, ch. 289, § 15; 1973, ch. 287, § 1; 1981, ch. 378, § 12; 2005, ch. 323, § 3.

39-04-10.1. Manufacturer’s plate — Fee.

A resident factory representative of any motor vehicle manufacturer may procure from the director a manufacturer’s plate, which must be designed by the director, for a fee of one hundred fifty dollars, which fee is for a twelve-month period. If such plate is procured at other than the beginning of the registration period, such fees must be prorated on a monthly basis. The procurement of such manufacturer’s plate by a factory representative is in lieu of the payment of any other registration fees, sales tax, or use tax on the motor vehicle used by the factory representative in the course of employment for the period for which the manufacturer’s plate is current and valid. The manufacturer’s plate may not be used by any person other than the representative to whom it was issued, nor may such plate be used on any vehicle other than that vehicle used by the factory representative in the course of employment. Upon the sale of the vehicle for which such manufacturer’s plate was issued, the plate must be retained by the factory representative and used upon replacement vehicles subsequently acquired from the manufacturer for use in the course of employment.

In addition to the foregoing provisions, a manufacturer of motor vehicles is entitled to use a manufacturer plate on its demonstration vehicles. Such plate must be issued in the name of the manufacturer and must be used solely for demonstration purposes only by the registrant or its designated employees.

Source: S.L. 1959, ch. 282, § 1; 1973, ch. 288, § 1; 1983, ch. 416, § 3.

39-04-10.2. Special plates for mobility-impaired individuals.

The director may issue, without charge, upon application and payment of the regular license fee, plates marked with the international symbol of accessibility for the mobility impaired, to a motor vehicle owner possessing a parking certificate issued under subsection 4 of section 39-01-15. This section is not applicable to an applicant possessing more than one parking certificate issued under subsection 4 of section 39-01-15.

Source: S.L. 1979, ch. 408, § 1; 1989, ch. 69, § 43; 1989, ch. 319, § 3; 1993, ch. 376, § 2; 2019, ch. 304, § 3, effective August 1, 2019.

39-04-10.3. Personalized plates.

At the request of a registrant, the department may provide special license plates marked with not more than seven numerals, letters, or combinations of numerals and letters, upon application for a special license plate and payment of an additional fee of twenty-five dollars per registration period, unless the plate is a gold star license plate or a prisoner of war license plate, then there is no additional charge. A personal plate containing a restricted character may not be renewed. The department shall make the special license plates authorized by this section available for motor vehicles registered under section 39-04-10.6, trailers, travel trailers, and motorcycles. The fee for the special license plates issued under this section for vehicles registered under section 39-04-10.6 is a one-time fee of one hundred dollars. The special license plates for motorcycles may contain not more than six numerals, letters, or a combination of not more than six numerals and letters. In the event of sale or transfer of the vehicle, the owner shall remove the special license plates in accordance with section 39-04-36. Upon payment of the applicable transfer fee, the special license plates may be transferred to a replacement motor vehicle.

Source: S.L. 1981, ch. 378, § 4; 1985, ch. 419, § 1; 1989, ch. 450, § 1; 1991, ch. 402, § 1; 1993, ch. 378, § 1; 1995, ch. 367, § 1; 2013, ch. 284, § 1; 2019, ch. 307, § 1, effective August 1, 2019.

39-04-10.4. Antique motor vehicles — License and fee — Use.

1. Any motor vehicle which is at least forty years old may be permanently licensed by the department upon the payment of a registration fee of ten dollars. The department shall design and issue a distinctive number plate for this purpose. In lieu of the distinctive number plate, the owner of the motor vehicle may, at the discretion of the director, display on the motor vehicle a number plate from the year in which the motor vehicle was manufactured or in the case of military vehicles, military identification numbers. The number plate from the year of manufacture or military identification numbers may not be used in lieu of a distinctive number plate when it would create a duplication of a number in the recordkeeping system of the department. A number plate from the year of manufacture or military identification numbers must be legible and must be restored to the satisfaction of the department. Notwithstanding section 39-04-11, only one number plate needs to be displayed on a motor vehicle licensed under this subsection. Motor vehicles registered under the provisions of this section may not be used in the routine functions of a business or farming operation.
2. Any motor vehicle which is at least forty years old may, if not licensed under subsection 1, be permanently licensed using a personalized plate issued under section 39-04-10.3, in which case a one-time fee of one hundred dollars is due.

Source: S.L. 1981, ch. 378, § 5; 1985, ch. 420, § 1; 1989, ch. 451, § 1; 2009, ch. 321, § 1.

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

On the death of a prisoner of war to whom was issued a special number plate under subdivision o of subsection 2 of section 39-04-18, the director shall comply with this section. If the deceased prisoner of war was survived by a spouse, the director shall transfer the number plate to that spouse’s name, and the spouse may retain the number plate as an active plate. If the surviving spouse remarries, then within thirty days of that remarriage, the surviving spouse shall surrender the plate to the director. On receipt of a surrendered plate, on the death of the surviving spouse, or if the deceased prisoner of war had no surviving spouse, the director shall retire the number used on the number plate. On retirement of a number plate and at the request of the survivors of the deceased prisoner of war, the director shall issue to the survivors one commemorative plaque resembling the number plate that had been issued to the prisoner of war.

Source: S.L. 1983, ch. 420, § 1; 1987, ch. 450, § 1.

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

A person who owns a motor vehicle that is at least twenty-five years old but that is not eligible for registration under section 39-04-10.4 may register that motor vehicle as a collector’s motor vehicle. The motor vehicle is eligible for collector’s registration if it is owned and operated solely as a collector’s item and if the owner owns another motor vehicle the owner uses for general transportation. A motor vehicle qualifies as a collector’s item under this section only if it is operated on public streets and highways for the purpose of driving the vehicle to and from active entry and participation in parades, car shows, car rallies, other public gatherings held for the purpose of displaying or selling the vehicle, and to and from service or storage facilities. An applicant for registration of a vehicle as a collector’s motor vehicle shall file an affidavit with the director that states the owner’s name and address, the make, year, and the manufacturer’s identification number of the motor vehicle, and a statement that the motor vehicle is owned and operated solely as a collector’s item and not for general transportation purposes. If the director is satisfied that the affidavit is true and correct, the director shall register the motor vehicle as a collector’s motor vehicle on the payment of a registration fee of sixty dollars. The registration is valid as long as the collector’s motor vehicle is owned by the person who applied for the registration under this section. The director shall design and issue distinctive number plates for collector’s motor vehicles registered under this section. In lieu of the distinctive number plates, the owner of the motor vehicle, at the discretion of the director, may display on the motor vehicle number plates from the year in which the motor vehicle was manufactured. The number plates from the year of manufacture may not be used in lieu of distinctive number plates when it would create a duplication of a number in the recordkeeping system of the department. Number plates from the year of manufacture must be legible and must be restored to the satisfaction of the department. A person violating this section or a department rule regarding this section forfeits the right to the registration provided in this section and any registration fees that have been paid.

Source: S.L. 1989, ch. 452, § 1; 1997, ch. 327, § 1.

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

The director shall issue, without an additional charge, upon application and payment of the registration fee, special number plates or validation decals making them distinctly different from other number plates, to any person registering a truck or combination of trucks and trailers as a farm vehicle under section 39-04-19. The director shall determine the form and size of the special number plates or validation decals and shall adopt rules governing the issuance of these special number plates or validation decals.

Source: S.L. 1989, ch. 455, § 2.

39-04-10.8. National guard number plates.

The director, in cooperation with the adjutant general, shall issue distinctive number plates to members of the national guard. A plate issued under this section must bear the national guard insignia designated by the adjutant general and the letters “NG” before the number. The director may issue the plates to the owner of a passenger motor vehicle, a truck the registered gross weight of which does not exceed twenty thousand pounds [9071.84 kilograms], or a motorcycle. On request of the director, the adjutant general shall certify those members of the national guard eligible to receive the plates. On payment of all other fees required under this chapter for registration of the motor vehicle, and payment of an additional fee of not more than five dollars to cover the cost of issuing the distinctive number plates, the applicant is entitled to issuance of the distinctive number plates. A registrant is eligible for distinctive number plates under this section if the registrant is a member of the national guard or if the registrant has retired from the national guard after twenty years or more of military service. On termination of the registrant’s eligibility, the registrant shall return the distinctive number plates to the director, who shall reissue for a fee of not more than five dollars another number plate to which that registrant is entitled under this chapter. The director and adjutant general shall cooperate in establishing procedures to implement this section.

Source: S.L. 1991, ch. 403, § 1; 2009, ch. 322, § 1; 2013, ch. 263, § 4.

39-04-10.9. Law enforcement plates.

Upon request, the department shall issue identical plates that contain the word “SHERIFF” for the vehicles used and owned by a sheriff’s department and the word “POLICE” for the motor vehicles used and owned by a city’s police department. The plates must be in black letters and on the designed background in use at the time of issuance. The plates must be provided at actual cost. Notwithstanding section 39-04-11, the plates are the property of the law enforcement agency to which issued. At an appropriate time, replacement of the plates must occur whenever the designed background used by the state changes. Notwithstanding section 39-04-11, a motor vehicle that displays a plate under this section must have a clearly visible distinctive identification number on the rear of the vehicle assigned by the appropriate law enforcement agency.

Source: S.L. 1997, ch. 328, § 1.

39-04-10.10. North Dakota veterans’ number plates.

1. The director may issue distinctive number plates to individuals eligible for interment in the North Dakota veterans’ cemetery. The director shall issue a number plate under this section upon receiving:
   1. Payment of all other fees required under this chapter for registration of a motor vehicle;
   2. Payment of an initial fee of fifteen dollars of which ten dollars is to be deposited in the highway tax distribution fund and five dollars is to be deposited in the veterans’ cemetery maintenance fund unless for a plate issued to a veteran who has been awarded the purple heart, then there is not an initial fee; and
   3. Verification of subsequent payments of an annual surcharge of ten dollars paid to the adjutant general unless for a plate issued to a veteran who has been awarded the purple heart, then there is not an annual surcharge.
2. The department shall collect the fees and the ten dollar surcharge under this section. The department shall report to the legislative assembly on the funds collected under this section during each legislative session. The department shall pay the funds collected under subdivisions b and c of subsection 1 to the adjutant general monthly, who then, within ten days of receipt of the funds, shall deposit five dollars of each initial fee in the veterans’ cemetery maintenance fund and the ten dollar surcharge shall be divided with five dollars being deposited in the veterans’ cemetery trust fund and five dollars being deposited in the veterans’ cemetery maintenance fund in the state treasury. Investment of the fund is the responsibility of the state treasurer who shall have full authority to invest the fund only in the same manner as the state investment board is authorized to make investments. At the request of the adjutant general, the interest in the veterans’ cemetery trust fund must be deposited in the veterans’ cemetery maintenance fund for the purpose of funding salaries and maintenance of the veterans’ cemetery.
3. The veterans’ cemetery trust fund may accept funds from private and federal sources.

Source: S.L. 1997, ch. 329, § 2; 2001, ch. 332, § 1; 2007, ch. 319, § 1; 2015, ch. 261, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 261, S.L. 2015 became effective July 1, 2015.

39-04-10.11. Firefighter’s association plates.

The director, in cooperation with the North Dakota firefighter’s association, shall design a decorative decal that contains an insignia representing service in the pursuit of firefighting and which is to be placed on a distinctive number plate. On payment of all other fees required under this chapter for registration of the motor vehicle, and payment of an additional annual fee of fifteen dollars for deposit in the highway fund, the applicant is entitled to issuance of the decals and plates. However, the director may not issue the decal and plates to the owner of a passenger motor vehicle or a truck the registered gross weight of which exceeds twenty thousand pounds [9071.84 kilograms]. A registrant is eligible for distinctive number plates under this section if the registrant is a member of the North Dakota firefighter’s association. On request of the director, the North Dakota firefighter’s association shall certify those members of the North Dakota firefighter’s association eligible to receive the decals and plates. On termination of the registrant’s eligibility, the registrant shall return the decals and plates to the director, who shall reissue for a fee of not more than five dollars another number plate to which that registrant is entitled under this chapter. The director and the North Dakota firefighter’s association shall cooperate in establishing procedures to implement this section.

Source: S.L. 2001, ch. 333, § 1; 2009, ch. 322, § 2; 2011, ch. 267, § 1.

39-04-10.12. North Dakota future farmers of America foundation number plates.

The director shall design a decorative decal that contains the insignia of the North Dakota FFA foundation to be placed on a distinctive number plate. On payment of all other fees required under this chapter for registration of the motor vehicle and payment of an additional fee of ten dollars, the applicant is entitled to issuance of the decals and plates. However, the director may not issue the decals and plates to the owner of a passenger motor vehicle or a truck the registered gross weight of which exceeds twenty thousand pounds [9071.84 kilograms].

Source: S.L. 2003, ch. 309, § 1; 2009, ch. 322, § 3; 2011, ch. 267, § 2.

39-04-10.13. Public or nonprofit organization number plate.

1. The director shall develop an organization number plate program for distinctive number plates for qualifying public and for nonprofit organizations recognized by the internal revenue service as tax exempt under 26 U.S.C. 501(c)(3). When appropriate, the department shall design a distinctive number plate to minimize the changes to a single application of overlay on the left side of the number plate. The organization may submit a design for the distinctive number plate for approval by the director. Upon approval by the director and proper application with proof of a minimum of fifty applicants and a one-time payment of one thousand five hundred dollars for a certain organization’s number plate, the director shall include the number plate in the organization number plate program.
2. The following organizations do not qualify for an organization number plate: out-of-state colleges and universities; groups within high schools, junior colleges, universities, and technical schools, including individual boosters, athletic boosters, and similar groups; unions; political organizations; religious organizations; groups that promote racial or social disharmony; and public offices.
3. Upon proper application for a plate in the organization number plate program and payment of all other fees required under this chapter for registration of the motor vehicle and payment of an additional annual fee of twenty-five dollars, a qualified applicant is entitled to issuance of a certain organization number plate. However, the director may not issue the plates to the owner of a passenger motor vehicle or a truck the registered gross weight of which exceeds twenty thousand pounds [9071.85 kilograms].
4. The director shall deposit ten dollars of the additional organization number plate fee in the highway tax distribution fund and transfer monthly fifteen dollars to the proper organization to support programs of that organization.

Source: S.L. 2005, ch. 325, § 1; 2007, ch. 320, § 1; 2009, ch. 322, § 4; 2011, ch. 267, § 3.

39-04-10.14. North Dakota gold star number plates.

1. The director may issue distinctive number plates to a surviving spouse, parent, including stepmother, stepfather, parent through adoption, and foster parent who stands or stood in loco parentis, grandparents, child, including stepchild and child through adoption, and sibling, including half-brother and half-sister, of a member of the armed forces of the United States who died while serving on active duty during a time of military conflict. The director shall issue a number plate under this section upon receiving payment of all other fees required under this chapter for registration of a motor vehicle.
2. Plates issued under this section must bear a gold star emblem logo on the left side of the plate and the letters “GS” before the number. The director shall cooperate with the director of the department of veterans’ affairs to design the gold star emblem logo. The director may issue one set of plates per eligible owner of a passenger motor vehicle or a truck the registered gross weight of which does not exceed twenty thousand pounds [9071.85 kilograms].
3. On request of the director, the department of veterans’ affairs shall certify those surviving family members of deceased members of the United States armed forces listed above as eligible to receive the plates.
4. Once declared eligible for a gold star plate, the department may not remove the eligibility of a surviving family member.
5. Once a plate number is issued to an eligible family member, the department may not assign the plate to another eligible person.

Source: S.L. 2009, ch. 323, § 1; 2013, ch. 284, § 2.

39-04-10.15. Patriotic number plates.

1. The director shall issue patriotic plates under this section upon receiving:
   1. Payment of all other fees required under this chapter for registration of a motor vehicle;
   2. Payment of an initial fee of twenty-five dollars of which twenty dollars is deposited in the highway tax distribution fund and five dollars is deposited in the veterans’ postwar trust fund; and
   3. Payment of an annual surcharge of twenty-five dollars of which ten dollars is deposited in the highway tax distribution fund and fifteen dollars is deposited in the veterans’ postwar trust fund.
2. The department shall collect the initial fees and the annual surcharges under this section. Deposits in the veterans’ postwar trust fund under this section must be added to the principal of the fund. Investment of the fund is the responsibility of the state treasurer who shall have full authority to invest the fund only in the same manner as the state investment board is authorized to make investments.
3. Patriotic plates must include a flag of the United States decal plate, bald eagle decal plate, or boonie stomper decal plate.

History. S.L. 2015, ch. 262, § 1, effective July 1, 2015.

Effective Date.

This section became effective July 1, 2015.

Note.

Section 3 of chapter 262, S.L. 2015 provides, “EFFECTIVE DATE. This Act becomes effective for the issuance of United States flag and bald eagle plates on July 1, 2017, and for the issuance of boonie stomper plates on August 1, 2016.”

39-04-10.16. Special vehicle license plates for volunteer emergency responders and volunteer firefighters. [Effective through August 31, 2022]

1. As used in this section:
   1. “Fire department” means a certified city fire department, certified rural fire department, or certified fire protection district that has filed a certificate of existence under section 18-04-02.
   2. “Volunteer emergency responder” means an emergency medical services provider certified by the state department of health and the individual’s squad leader for a continuous period exceeding two years and who receives an annual compensation of less than ten thousand dollars.
   3. “Volunteer firefighter” means an active member in good standing with a North Dakota fire department who has had a continuous membership for a period exceeding two years and receives an annual compensation of less than ten thousand dollars from the fire department.
2. Upon application, the director shall issue red personalized plates to volunteer emergency responders and volunteer firefighters at no initial or annual cost to the volunteers. Qualified applicants are eligible to receive one set of plates. Plates may not be displayed on a vehicle with a registered gross weight exceeding twenty thousand pounds [9071.85 kilograms]. The first three digits of the plate are the last three digits of the zip code where the volunteer’s department is located. The remaining space may contain up to three characters of the volunteer’s choosing. This plate serves as an entrance pass to all North Dakota state parks. In cooperation with the volunteer organizations, the director shall designate qualifications and verification procedures for the plates issued under this section.
3. On termination of the registrant’s eligibility, the registrant shall return the plates to the director, who shall reissue for a fee of not more than five dollars, and upon payment of applicable registration fees, another number plate to which that registrant is entitled under this chapter.
4. If a registrant fails to return the plates to the director, the director, upon notification of the registrant’s ineligibility, may revoke the plates and reissue for a fee of not more than five dollars, and upon payment of applicable registration fees, another number plate for which the registrant is entitled under this chapter.

Source: Adopted by initiated measure #4 on general election ballot approved November 6, 2018, effective December 6, 2018.; 2019, ch. 308, § 1, effective April 26, 2019.

Note.

The measure creating Section 39-04-10.6 was approved by the voters at the general election on November 6, 2018. This measure became effective on December 6, 2018.

39-04-10.16. Special vehicle license plates for volunteer emergency responders and volunteer firefighters. [Effective September 1, 2022]

1. As used in this section:
   1. “Fire department” means a certified city fire department, certified rural fire department, or certified fire protection district that has filed a certificate of existence under section 18-04-02.
   2. “Volunteer emergency responder” means an emergency medical services provider certified by the department of health and human services and the individual’s squad leader for a continuous period exceeding two years and who receives an annual compensation of less than ten thousand dollars.
   3. “Volunteer firefighter” means an active member in good standing with a North Dakota fire department who has had a continuous membership for a period exceeding two years and receives an annual compensation of less than ten thousand dollars from the fire department.
2. Upon application, the director shall issue red personalized plates to volunteer emergency responders and volunteer firefighters at no initial or annual cost to the volunteers. Qualified applicants are eligible to receive one set of plates. Plates may not be displayed on a vehicle with a registered gross weight exceeding twenty thousand pounds [9071.85 kilograms]. The first three digits of the plate are the last three digits of the zip code where the volunteer’s department is located. The remaining space may contain up to three characters of the volunteer’s choosing. This plate serves as an entrance pass to all North Dakota state parks. In cooperation with the volunteer organizations, the director shall designate qualifications and verification procedures for the plates issued under this section.
3. On termination of the registrant’s eligibility, the registrant shall return the plates to the director, who shall reissue for a fee of not more than five dollars, and upon payment of applicable registration fees, another number plate to which that registrant is entitled under this chapter.
4. If a registrant fails to return the plates to the director, the director, upon notification of the registrant’s ineligibility, may revoke the plates and reissue for a fee of not more than five dollars, and upon payment of applicable registration fees, another number plate for which the registrant is entitled under this chapter.

Source: Adopted by initiated measure #4 on general election ballot approved November 6, 2018, effective December 6, 2018.; 2019, ch. 308, § 1, effective April 26, 2019; 2021, ch. 352, § 354, effective September 1, 2022.

39-04-11. Display of number plates and tabs.

Unless otherwise provided by law, an individual may not operate a vehicle on a public highway of this state unless the vehicle has a distinctive number assigned to the vehicle by the department, and two number plates, bearing the distinctive number conspicuously displayed, horizontally and in an upright position, one on the front and one on the rear of the vehicle, each securely fastened, except number plates assigned to a house trailer must be attached to the rear of the house trailer. Number plates assigned to a motorcycle or trailer must be attached to the rear of the motorcycle or trailer and may be displayed vertically. When only one number plate is furnished for an apportioned vehicle registered under the international registration plan as authorized in section 39-19-04, truck tractor, or semitrailer, the plate must be attached to the front of the apportioned vehicle or truck tractor and the rear of the semitrailer. The bottom of each number plate must be at a height of not less than twelve inches [30.48 centimeters] above the level surface upon which the vehicle stands. Each plate must be mounted in a visible manner that clearly displays the distinctive number assigned to the vehicle and the name of the state on the plate. As far as is reasonably possible, the plates must at all times be kept free and clear of mud, ice, or snow so as to be clearly visible and all number plates, markers, or evidence of registration or licensing except for the current year must be removed from the vehicle. All vehicle license plates issued by the department are the property of the department for the period for which the plates are valid. An annual registration tab or sticker for the current registration year must be displayed on each number plate, in the area designated by the department for the tab or sticker, in those years for which tabs or stickers are issued in lieu of number plates.

Source: S.L. 1927, ch. 179, § 14, subss. a, c; R.C. 1943, § 39-0413; S.L. 1957, ch. 251, § 3; 1957 Supp., § 39-0413; S.L. 1959, ch. 289, § 15; 1965, ch. 270, § 1; 1981, ch. 378, § 13; 1981, ch. 381, § 2; 1985, ch. 418, § 2; 1999, ch. 12, § 8; 2017, ch. 260, § 1, effective August 1, 2017.

39-04-12. Contents of number plates — Size of letters and numerals on plates — Reflectorized — Tabs or stickers.

1. Number plates must be of metal or other suitable material bearing the name of the state, either in full or by abbreviation, the number of the year, the slogan “Peace Garden State” and a distinctive number for assignment to each vehicle. The distinctive number may be in figures or a combination of figures and letters and must be of a size clearly distinguishable by law enforcement officers and individuals generally. To reduce highway accidents at night all number plates must be legible for a minimum distance of one hundred feet [30.48 meters] to an approaching motorist by day or night with lawful headlight beams and without other illumination. Each plate must be treated with a reflectorized material according to the specifications prescribed by the department. The department shall furnish for each annual registration a year plate, tab, or sticker to designate the year registration. The plate, tab, or sticker must show the registration year for which issued, and is valid only for that year.
2. The department may provide to an owner of a fleet of one hundred or more vehicles number plates that are valid for as many as six consecutive years and that are exempt from the requirements of evidence of annual validation. The registrant shall file with the department a corporate surety bond in an amount the department determines to be reasonable and adequate, and conditioned that the owner will pay the annual fee at the beginning of each annual registration period for which the number plates are valid.

Source: S.L. 1927, ch. 179, § 14, subs. b; R.C. 1943, § 39-0414; S.L. 1957, ch. 251, § 4; 1957 Supp., § 39-0414; S.L. 1959, ch. 289, § 15; 1963, ch. 269, § 1; 1965, ch. 271, § 1; 1971, ch. 357, § 1; 1973, ch. 289, § 1; 1975, ch. 327, § 2; 1977, ch. 334, § 1; 1981, ch. 378, § 14; 1985, ch. 422, § 1; 1985, ch. 423, § 1; 1995, ch. 368, § 1; 2019, ch. 309, § 1, effective August 1, 2019.

39-04-13. Duplicates to be obtained of number plate, tab, sticker, or registration card if lost, mutilated, or illegible — Fee.

If any number plate, tab, sticker, or registration card issued under the provisions of this chapter is lost, mutilated, or becomes illegible, the person who is entitled thereto shall make immediate application for and obtain a duplicate or substitute upon furnishing information of such fact satisfactory to the department and upon payment of the cost of issuing the duplicate item, not to exceed the sum of five dollars for each duplicate number plate, tab, sticker, or registration card issued. The department may issue a duplicate number plate, tab, sticker, or registration card at no cost to the owner when satisfied the vehicle owner did not receive the original number plate, tab, sticker, or registration card which was issued.

Source: S.L. 1927, ch. 179, § 20; 1933, ch. 160, § 4, subs. c; 1935, ch. 176, § 1, subs. c1; R.C. 1943, § 39-0415; S.L. 1959, ch. 289, § 15; 1963, ch. 265, § 2; 1971, ch. 358, § 1; 1983, ch. 421, § 1; 1989, ch. 453, § 1.

39-04-14. Renewal of registration.

Every vehicle registration, except those described in sections 39-04-14.1 and 39-04-14.4, under this chapter expires on December thirty-first each year and must be renewed annually upon application by the owner and by payment of the fees required by law, such renewal to take effect on the first day of January each year. An owner who has made proper application for renewal of registration of a vehicle previous to January first but who has not received the number plates, plate, or registration card for the ensuing year is entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plates or plate issued for the preceding year for such time, to be prescribed by the department, as may be required for the issuance of the new plates. If a previously registered motor vehicle whose registered gross weight exceeds twenty thousand pounds [9071.84 kilograms] is purchased during the period the vehicle’s registration in this state is expired, the registration fee must be prorated on a monthly basis from the date of purchase to January first.

Source: S.L. 1927, ch. 179, § 15; R.C. 1943, § 39-0416; S.L. 1959, ch. 289, § 15; 1963, ch. 270, § 1; 1969, ch. 336, § 2; 1983, ch. 423, § 1; 1993, ch. 379, § 1; 2009, ch. 322, § 5; 2019, ch. 310, § 1, effective July 1, 2019.

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

Except as otherwise provided in this section, the registration of a motor vehicle whose registered gross weight does not exceed twenty thousand pounds [9071.84 kilograms] expires on the last day of the month which is the anniversary of the month it was originally registered. The registration may be renewed annually on application by the owner and payment of fees required by law. The renewal takes effect on the first day of the first month of the registration period. An owner of more than one vehicle qualifying for staggered registration under this section may renew all of the owner’s vehicles in the same month. The director shall prorate the registration fees accordingly. If a previously registered motor vehicle whose registered gross weight does not exceed twenty thousand pounds [9071.84 kilograms] is purchased during the period the vehicle’s registration in this state is expired, the department shall collect the annual registration fee under section 39-04-19 and shall issue registration that expires on the last day of the month that is the anniversary of the month the vehicle was purchased.

Source: S.L. 1969, ch. 336, § 3; 1983, ch. 422, § 1; 1993, ch. 379, § 2; 2009, ch. 322, § 6.

39-04-14.2. Staggered registration for apportioned vehicles.

The director may establish a procedure for the implementation of a staggered registration system for vehicles registered pursuant to the international registration plan. Procedures established under this section may provide for a one-time collection of up to eighteen months of registration fees.

Source: S.L. 1995, ch. 366, § 2.

39-04-14.3. Online registration renewal receipt showing compliance with registration is prima facie evidence.

The possession of a receipt, via the department’s online registration renewal service, is prima facie evidence of compliance with motor vehicle registration laws, with reference to the vehicle therein described, for a period of fifteen days from the date of the printed receipt.

Source: S.L. 2009, ch. 324, § 1.

39-04-14.4. Renewal of motorcycle registration.

Every motorcycle registration under this chapter expires on March thirty-first and must be renewed every year upon application by the owner and by payment of the fees required by law. The renewal takes effect on the first day of April. The department may prorate the initial registration fee.

Source: S.L. 2019, ch. 310, § 2, effective July 1, 2019.

39-04-15. When registration fees become due and delinquent.

The registration fee for a vehicle becomes due as soon as the vehicle is used upon the highways of this state. The registration for a vehicle becomes delinquent immediately upon expiration of the prior registration.

Source: S.L. 1927, ch. 179, § 29; 1929, ch. 165, § 1; 1931, ch. 186, § 6; 1933, ch. 160, § 10; R.C. 1943, § 39-0417; S.L. 1951, ch. 241, § 1; 1957 Supp., § 39-0417; S.L. 1959, ch. 289, § 15; 1963, ch. 270, § 2; 1967, ch. 298, § 1; 1969, ch. 336, § 4; 1987, ch. 451, § 1.

Cross-References.

Refunds of registration fees, see § 39-04-39.2.

39-04-15.1. Installment registration of vehicles licensed for a gross weight in excess of thirty-six thousand pounds [16329.33 kilograms] — Delinquencies — Penalty. [Repealed]

Repealed by S.L. 1983, ch. 423, § 2.

39-04-16. Penalty for delinquent registration fees — Exceptions. [Repealed]

Repealed by S.L. 1975, ch. 328, § 1.

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

The possession of a certificate made out by a notary public or an authorized agent of a licensed vehicle dealer who took the acknowledgment of the application when the vehicle was first registered or required to be registered under the laws of this state, if such certificate shows the date of application, the make, registered weight, and year model of the motor vehicle, the manufacturer’s number of the motor vehicle which such application describes, and further shows that such notary public, or authorized agent of a vehicle dealer, personally mailed the application with the remittance fee, is prima facie evidence of compliance with motor vehicle law with reference to the vehicle therein described, for a period of seventy-five days from the date of such application. Any violation of this section is an infraction punishable by a fine of not less than fifty dollars.

Source: S.L. 1927, ch. 179, § 36; 1933, ch. 160, § 12; 1935, ch. 176, § 3; R.C. 1943, § 39-0419; S.L. 1959, ch. 289, § 15; 1967, ch. 299, § 1; 1971, ch. 360, § 1; 1983, ch. 424, § 1; 2009, ch. 325, § 1; 2013, ch. 285, § 1.

39-04-18. Motor vehicles exempt from registration fees — Reciprocal use of state highways by foreign licensed motor vehicles.

1. 1. Except as provided in this section, a motor vehicle as defined in section 39-01-01 or a trailer operated or intended to be operated upon a highway, road, or street in this state must be registered annually with the department.
   2. A semitrailer or a farm trailer operated or intended to be operated upon a highway, road, or street in this state must be registered with the department either annually or permanently, at the discretion of the registrant.
   3. A vehicle being operated on highways, roads, or streets of this state must display license plates as furnished by the department upon payment of the fees prescribed in this chapter.
   4. Upon satisfactory proof to the department that a motor vehicle owned by a resident of this state was not used upon any of the highways of this state in any one or more years, the motor vehicle may be registered upon payment of the registration fee for the current year.
   5. A resident of the state of North Dakota, serving in the armed forces of the United States for a period of time greater than one year, may relicense a motor vehicle owned by the veteran without paying a fee or penalty for the intervening years when the vehicle was not licensed, providing the veteran shows by suitable affidavit that the vehicle was not in use during a year in which it was not licensed. The vehicle must be licensed for the license fee applicable to the month of the year in which application for license is made.
2. The following motor vehicles may be operated upon the highways, roads, and streets of this state without being registered, under such limitations as are herein specified; provided, however, that whenever the department determines that it is to the best interest of the state of North Dakota and determines by reciprocal agreement or otherwise that as great or greater privileges are not granted North Dakota residents while traveling in other states or territories, the department may cancel or limit the application of any exception to residents or motor vehicles from such other state or territory:
   1. Farm tractors as defined in section 39-01-01, special mobile equipment and road rollers and other road construction or maintenance machinery that cannot be operated on the highways and streets of this state in a normal operating manner.
   2. Motor vehicles owned by or in possession of Indian mission schools, by this state or any of its agencies, departments, or political subdivisions, including school districts possessing a motor vehicle or vehicles used for driver education instruction, or by any entity located upon the international boundary line between the United States of America and Canada used and maintained as a memorial to commemorate the long-existing relationship of peace and good will between the people and the governments of the United States of America and Canada and to further international peace among the nations of the world; provided, however, that the vehicles must display license plates provided by the department at actual cost. Upon request, qualifying law enforcement motor vehicles must be issued a license plate under section 39-04-10.9.
   3. Motor vehicles registered in any other state or territory when coming into this state a distance not exceeding twenty miles [32.19 kilometers]; provided, however, that such motor vehicles have displayed thereon the current license plates issued by the state or territory in which they are registered and provided further that the owners or operators thereof are not residents of this state. Nor may such vehicles be required to pay any other tax, and no registration fee or tax may be required when such vehicles do not leave the incorporated limits of any city while in the state of North Dakota within a zone circumscribed by a line running parallel to the corporate limits of any city or contiguous cities and twenty miles [32.19 kilometers] distant therefrom. This section does not prevent trucks from coming into the state such distance as shall be necessary to reach the nearest railway shipping station. For purposes of this subdivision, an individual is a resident of this state if the individual is gainfully employed or engages in any trade, profession, or occupation within this state and owns, leases, or rents a place of residence or otherwise lives within this state for the purposes of employment, or regardless of domicile or any other circumstance, remains in this state for a period of at least ninety consecutive days. For purposes of this subdivision, a resident does not include a student at a university, college, or technical school in this state or a daily commuter from another jurisdiction if that jurisdiction exempts the vehicle of a daily commuter from this state from registration in that jurisdiction under a reciprocity agreement.
   4. Motor vehicles owned and operated by the United States government, or any foreign government, or any of their agencies or departments; provided, however, that such motor vehicles must display identification plates.
   5. Passenger motor vehicles registered in any other state or territory; provided, however, that such motor vehicles have displayed thereon the current license plates issued by the state or territory in which they are registered and provided further that the owners or operators thereof are not residents of this state. For purposes of this subdivision, an individual is a resident of this state if the individual is gainfully employed or engages in any trade, profession, or occupation within this state and owns, leases, or rents a place of residence or otherwise lives within this state for the purposes of employment, or regardless of domicile or any other circumstance, remains in this state for a period of at least ninety consecutive days. For purposes of this subdivision, a resident does not include a student at a university, college, or technical school in this state or a daily commuter from another jurisdiction if that jurisdiction exempts the vehicle of a daily commuter from this state from registration in that jurisdiction under a reciprocity agreement.
   6. Motor vehicles owned and operated by a manufacturer of motor vehicles when such motor vehicles are operated or moved such distance as may be authorized by the director from the factory where manufactured or assembled, to a depot or place of shipment or other point of delivery; provided, however, that such vehicles have displayed in plain sight the name and address of the manufacturer and a written permit from local police authorities.
   7. Motor vehicles owned and operated by a licensed North Dakota motor vehicle dealer from a railway depot, warehouse, salesroom, or place of shipment; provided, however, that such vehicles have displayed in plain sight the name and address of the dealer and a written permit from the local police authorities.
   8. Motor vehicles owned and operated by nonresidents engaged in harvest of agricultural products from June first through December thirty-first of any one year; provided, however, that such motor vehicles have displayed thereon a decal or other means of identification issued by the director upon payment of a fee of fifty dollars.
   9. Vehicles owned by nonresident military personnel stationed in this state and operated by such military personnel or their dependents, provided such vehicle is registered in the state or territory whereof such military person is a resident, and provided further that current license plates from such state or territory are displayed on such vehicle.
   10. Motor vehicles not exceeding twenty-six thousand pounds [11793.40 kilograms] registered gross weight owned and operated by a disabled veteran under the provisions of Public Law 79-663 [38 U.S.C. 3901], a disabled veteran who has a one hundred percent service-connected disability as determined by the department of veterans’ affairs, or a disabled veteran who has an extra-schedular rating to include individual unemployability that brings the veteran’s total disability rating to one hundred percent as determined by the department of veterans’ affairs is entitled to display either a distinctive license plate or a standard plate that does not identify the veteran as a veteran or disabled veteran which is issued by the department. This exemption applies to no more than two such motor vehicles owned by a disabled veteran at any one time. A surviving spouse of a disabled veteran who has not remarried and who is receiving department of veterans’ affairs dependency and indemnity compensation retains the exemption of the deceased veteran who qualified under this subdivision for one vehicle.
   11. Motor vehicles having not over two axles and not being used in combination owned and operated by nonresidents and any motor vehicle or combination of three axles or more operated in this state pursuant to a proportional licensing or other agreement or arrangement with any jurisdiction having motor vehicle registration authority.
   12. Motor vehicles owned and operated by a resident building mover or by a resident well driller; provided, however, that such vehicles are used only for moving buildings or building-moving equipment, or are used only for drilling water wells or moving water well-drilling equipment; provided, further, that such vehicles display a license plate issued by the director upon the payment of a fee of twenty-five dollars for two axle trucks, fifty dollars for tandem axle trucks and single axle truck-tractor units, and seventy-five dollars for each tandem axle truck-tractor unit.
   13. Any trailer, semitrailer, or farm trailer when the gross weight, not including the weight of the towing vehicle, does not exceed one thousand five hundred pounds [680.39 kilograms] and it is not for hire or commercial use, or when used to transport recreational vehicles or boats and it is not for hire or commercial use.
   14. Any vehicle which is driven or moved upon a highway only for the purpose of crossing the highway from one property to another. The crossing must be made at an angle of approximately ninety degrees to the direction of the highway.
   15. Passenger motor vehicles, house cars, or pickup trucks not exceeding twenty thousand pounds [9071.84 kilograms] registered gross weight owned and operated by a resident who, while serving in the United States armed forces, was a prisoner of war and has received an honorable discharge from the United States armed forces is entitled to display a distinctive license plate issued by the department. This exemption also applies to any passenger motor vehicle, house car, or pickup truck not exceeding twenty thousand pounds [9071.84 kilograms] registered gross weight subsequently purchased or acquired by such a former prisoner of war. This exemption applies to no more than two motor vehicles owned by a former prisoner of war at any one time. A surviving spouse of a former prisoner of war who has not remarried retains the exemption of the deceased veteran who qualified under this subdivision for one vehicle.
   16. Motor vehicles not exceeding twenty-six thousand pounds [11793.40 kilograms] registered gross weight owned and operated by a veteran who was awarded the purple heart is entitled to a distinctive license plate issued by the department. This exemption applies to one motor vehicle owned by a veteran who was awarded the purple heart.

Upon satisfactory proof to the department that a motor vehicle owned by a resident of this state was not used upon any of the highways of this state in any one or more years, the motor vehicle may be registered upon payment of the registration fee for the current year.

Any resident of the state of North Dakota, serving in the armed forces of the United States for a period of time greater than one year, may relicense any motor vehicle owned by the veteran without paying any fee or penalties for the intervening years when the vehicle was not licensed, providing the veteran shows by suitable affidavit that the vehicle was not in use during any year in which it was not licensed. The vehicle must be licensed for the license fee applicable to the month of the year in which application for license is made.

Each motor vehicle loaned or furnished by a licensed North Dakota motor vehicle dealer to a school district in North Dakota to be used exclusively for instructing pupils in the driver education and training program conducted by the school district will be assigned an official license plate. The license plates must be used only on the motor vehicles furnished by dealers and used in the driver education program, and for no other purpose except for garaging and safekeeping of the motor vehicle.

A person may not use a driver education motor vehicle bearing official license plates for any purpose other than driver education course instruction. A person is not in violation of this subdivision if the person is required by the dealer or a school administrator to house or otherwise protect the vehicle at the person’s home or other facility.

Any vehicle which has been issued this special motor vehicle license may be registered under the regular motor vehicle registration law, by payment of the difference between the amount paid for the special motor vehicle license and the regular registration fee for such vehicle.

Any vehicle which has been issued this special motor vehicle license and is found being operated upon the highways of this state without being equipped with special house-moving or well-drilling equipment shall forfeit the fee paid and, in addition, must be required to register under the regular motor vehicle registration law of this state. None of the above limitations may be construed as restricting the operation of the special licensed vehicle when such operation would not require a greater fee than that paid for this operation.

Source: S.L. 1927, ch. 179, §§ 7, 8, 17, 19, 28, 29; 1929, ch. 165, § 1; 1929, ch. 167, § 1; 1931, ch. 186, §§ 4, 6; 1933, ch. 160, §§ 6, 10; 1933, ch. 162, §§ 2, 4; 1935, ch. 186, § 1; 1935, ch. 187, § 1; 1939, ch. 168, § 1; 1941, ch. 192, §§ 1, 2; R.C. 1943, §§ 39-0402 to 39-0404, 39-0421, 39-0425, 39-0432, 39-0441, 39-0446, 39-0449, 39-0457; S.L. 1947, ch. 263, § 1; 1947, ch. 271, §§ 1, 2, 4; 1947, ch. 272, § 1; 1947, ch. 276, § 1; 1949, ch. 242, §§ 1, 2; 1951, ch. 240, § 1; 1951, ch. 242, § 1; 1953, ch. 236, §§ 1 to 3; 1953, ch. 240, § 1; 1955, ch. 242, § 1; 1955, ch. 246, §§ 1 to 3; 1955, ch. 248, § 1; 1957, ch. 254, § 1; 1957, ch. 266, §§ 1 to 3; 1957 Supp., §§ 39-0401 to 39-0403, 39-0421, 39-0425, 39-0432, 39-0446, 39-0449, 39-0473 to 39-0475; S.L. 1959, ch. 289, § 15; 1963, ch. 405, § 3; 1967, ch. 300, § 1; 1967, ch. 305, §§ 1, 2; 1969, ch. 337, § 1; 1971, ch. 361, § 1; 1973, ch. 291, § 1; 1975, ch. 106, § 422; 1975, ch. 329, § 1; 1977, ch. 327, § 3; 1977, ch. 335, § 1; 1979, ch. 187, § 76; 1979, ch. 409, §§ 2, 3; 1979, ch. 410, § 1; 1981, ch. 378, §§ 16, 17; 1981, ch. 382, § 1; 1983, ch. 82, § 72; 1983, ch. 425, § 1; 1987, ch. 452, § 1; 1989, ch. 356, § 15; 1989, ch. 454, § 1; 1997, ch. 328, § 2; 2001, ch. 329, § 2; 2001, ch. 334, § 1; 2003, ch. 310, § 1; 2005, ch. 324, § 3; 2007, ch. 321, § 1; 2009, ch. 322, § 7; 2011, ch. 267, § 4; 2011, ch. 447, § 2; 2011, ch. 268, § 1; 2013, ch. 284, § 3; 2015, ch. 261, § 2, effective August 1, 2015; 2015, ch. 262, § 2, effective August 1, 2015; 2019, ch. 309, § 2, effective July 1, 2019.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 261, S.L. 2015 became effective July 1, 2015.

The 2015 amendment of this section by section 2 of chapter 262, S.L. 2015 became effective July 1, 2015.

Note.

Section 39–04–18 was amended 2 times by the 2015 Legislative Assembly. Pursuant to Section 1–02–09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 262 Session Laws 2015, House Bill 1360, and Section 2 of Chapter 261, Session Laws 2015, Senate Bill 2142.

Cross-References.

Reciprocity agreements, see ch. 39-19.

39-04-18.1. Failure to register upon gainful employment.

A person operating a motor vehicle in violation of subdivision c or e of subsection 2 of section 39-04-18 shall purchase an annual registration for that motor vehicle for a fee that is not discounted from the appropriate amount listed in a table in section 39-04-19. A law enforcement officer may issue a registration for that vehicle and shall remit the registration fee to the department of transportation. The department shall provide for evidence of registration to be issued by a law enforcement officer enforcing subdivision c or e of subsection 2 of section 39-04-18.

Source: S.L. 2001, ch. 335, § 1.

39-04-18.2. Temporary motor vehicle registration — Fees.

1. Any owner, lessee, or operator of a motor vehicle who is employed in this state on a temporary or full-time basis may choose to purchase a temporary registration permit in lieu of registering the vehicle pursuant to section 39-04-18, if the vehicle displays a valid registration and license plate from another jurisdiction and is properly insured. Application for the temporary registration permit must be made in the manner and form prescribed by the department. The temporary registration permit must bear a distinctive number assigned to the vehicle and an expiration date. At all times the operator shall ensure that the temporary registration permit is displayed and clearly visible on the vehicle in a manner prescribed by the department. Motor vehicles temporarily registered under this section may be registered without a title transfer or imposition of motor vehicle excise tax. The operator shall keep evidence of registration from the other jurisdiction in the motor vehicle and provide evidence of registration to a law enforcement officer or the department, upon request.
2. Motor vehicles temporarily registered in this state must be furnished a permit as follows:
   1. Passenger vehicles, pickups, vans, and trucks not exceeding twenty thousand registered gross weight pounds [9071.84 kilograms] temporarily registered in this state must be furnished a permit upon payment of sixty dollars for six months or one hundred twenty dollars for twelve months of required registration.
   2. Trucks or combinations of trucks and trailers weighing more than twenty thousand registered gross weight pounds [9071.84 kilograms] temporarily registered in this state must be furnished a permit upon payment of the following fees:
   3. Motorcycles temporarily registered in this state must be furnished a permit upon payment of thirty dollars for six months or sixty dollars for twelve months.
   4. An additional fee of ten dollars applies to each temporary registration permit.

Weight Six-Month Fee Twelve-Month Fee 20,001 - 42,000 $220 $440 42,001 - 62,000 $380 $760 62,001 - 82,000 $530 $1,060 82,001 - 105,500 $900 $1,800

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Source: S.L. 2011, ch. 268, § 2.

39-04-19. Motor vehicle registration fees and mile tax.

Motor vehicles required to pay registration fees or a mile tax shall pay the following fees:

1. Nonresidents electing to pay mile tax in lieu of registration, when authorized to do so by the department, shall pay a fee of twenty dollars for a trip permit which is valid for a period of seventy-two hours. All fees collected under the provisions of this subsection must be credited to the state highway fund.
2. Motor vehicles required to be registered in this state must be furnished license plates upon the payment of the following annual fees; however, if a motor vehicle, including a motorcycle or trailer, first becomes subject to registration other than at the beginning of the registration period, such fees must be prorated on a monthly basis. The minimum fee charged hereunder must be five dollars:
   1. Passenger motor vehicles:
   2. Schoolbuses, buses for hire, buses owned and operated by religious, charitable, or nonprofit organizations and used exclusively for religious, charitable, or other public nonprofit purposes, and trucks or combination trucks and trailers, including commercial and noncommercial trucks, except those trucks or combinations of trucks and trailers which qualify for registration under this subsection or subsection 5:
   3. Motorcycles, fifteen dollars.
3. Motor vehicles acquired by disabled veterans under the provisions of Public Law 79-663 [38 U.S.C. 3901] are exempt from the payment of state sales or use tax and, if paid, such veterans are entitled to a refund. This exemption also applies to any passenger motor vehicle or pickup truck not exceeding twenty-six thousand pounds [11793.40 kilograms] registered gross weight but shall apply to no more than two such motor vehicles owned by a disabled veteran at any one time.
4. 1. Each trailer, except a semitrailer or farm trailer, required to be registered under this chapter must be furnished registration plates upon the payment of a twenty dollar annual fee. A trailer, semitrailer, or farm trailer not required to be registered under this chapter must be furnished an identification plate upon the payment of a fee of five dollars.
   2. A semitrailer or farm trailer required to be registered under this chapter must be furnished:
      1. Permanent registration plates upon the payment of a permanent registration fee of one hundred twenty dollars. The permanent registration is valid until ownership of the semitrailer or farm trailer is transferred, assigned, or if the semitrailer is destroyed or otherwise completely removed from the service of the owner; or
      2. Annual registration upon the payment of a twenty dollar annual fee.
   3. Upon the request of a person with a trailer or farm trailer to whom a registration or identification plate is provided under this subsection, the department shall provide a plate of the same size as provided for a motorcycle. The department shall provide notification of this option to the person before the replacement or issuance of the plate.
5. Trucks or combinations of trucks and trailers weighing more than twenty thousand but not more than one hundred five thousand five hundred pounds [more than 9071.84 but not more than 47854.00 kilograms] which are used as farm vehicles only, are entitled to registration under the following fee schedule and the provisions of this subsection. Farm vehicles are considered, for the purpose of this subsection, as trucks or combinations of trucks and trailers weighing more than twenty thousand but not more than one hundred five thousand five hundred pounds [more than 9071.84 but not more than 47854.00 kilograms] owned, or leased for at least one year by a bona fide resident farmer who uses the vehicles exclusively for transporting the farmer’s own property or other property on a farm work exchange basis with other farmers between farms and the usual local trading places but not in connection with any commercial retail or wholesale business being conducted from those farms, nor otherwise for hire. In addition to the penalty provided in section 39-04-41, any person violating this subsection shall license for the entire license period the farm vehicle at the higher commercial vehicle rate in accordance with the weight carried by the farm vehicle at the time of the violation.
6. A motor vehicle registered in subsection 5 may be used for custom combining operations by displaying identification issued by the department and upon payment of a fee of twenty-five dollars.

YEARS REGISTERED GrossWeights 1st, 2nd,3rd, 4th, 5th,and 6th Years 7th, 8th,and 9thYears 10th, 11th,and 12thYears 13th andSubsequentYears Less than 3,200 $73 $65 $57 $49 3,200 - 4,499 93 81 69 57 4,500 - 4,999 111 94 79 63 5,000 - 5,999 142 120 98 76 6,000 - 6,999 175 146 117 89 7,000 - 7,999 208 172 137 102 8,000 - 8,999 241 199 157 115 9,000 and over 274 225 177 128

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A house car is subject to registration at the rates prescribed for other vehicles under this subdivision modified by using the weight applicable to a vehicle whose weight is forty percent of that of the house car, but not using a weight of less than four thousand pounds [1814.35 kilograms].

A pickup truck is subject to registration at the rates prescribed for other vehicles under this subdivision by applying the shipping weight of the vehicle to the fee schedule. At a minimum, the registered gross weight displayed on the registration card for a pickup truck must be twice the shipping weight of the vehicle. Unless otherwise exempted by this chapter, the owner of a pickup truck shall request the registered gross weight of the pickup truck be increased to ensure the registered gross weight is sufficient to include the total weight of the vehicle and any load transported on or by the vehicle. For purposes of this subdivision, a pickup truck is a motor vehicle with a manufacturer’s gross vehicle weight rating of less than eleven thousand five hundred pounds [5216.31 kilograms], with an unladen weight of less than eight thousand pounds [3628.74 kilograms], and which is equipped with an open box-type bed not exceeding nine feet [2.74 meters] in length.

YEARS REGISTERED GrossWeights 1stthrough6th Years 7ththrough9th Years 10ththrough12th Years 13ththrough19thYears 20th andSubsequent Years Not over 4,000 $71 $58 $53 $50 $49 4,001 - 6,000 76 63 57 51 50 6,001 - 8,000 81 68 61 52 51 8,001 - 10,000 86 73 65 54 53 10,001 - 12,000 91 78 69 56 55 12,001 - 14,000 96 83 73 59 58 14,001 - 16,000 101 88 77 62 61 16,001 - 18,000 106 93 81 64 63 18,001 - 20,000 109 96 83 65 64

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YEARS REGISTERED GrossWeights 1st, 2nd, 3rd,4th, 5th, 6th,and 7th Years 8th, 9th, 10th,11th, and12th Years 13th andSubsequentYears 20,001 - 22,000 $139 $113 $100 22,001 - 26,000 191 161 145 26,001 - 30,000 252 210 188 30,001 - 34,000 318 263 235 34,001 - 38,000 379 312 278 38,001 - 42,000 440 361 320 42,001 - 46,000 501 409 363 46,001 - 50,000 562 458 406 50,001 - 54,000 632 516 457 54,001 - 58,000 693 565 500 58,001 - 62,000 755 614 543 62,001 - 66,000 815 662 586 66,001 - 70,000 876 711 628 70,001 - 74,000 937 760 671 74,001 - 78,000 998 809 714 78,001 - 82,000 1,059 858 757 82,001 - 86,000 1,182 963 844 86,001 - 90,000 1,304 1,067 931 90,001 - 94,000 1,426 1,172 1,018 94,001 - 98,000 1,548 1,277 1,106 98,001 - 102,000 1,670 1,381 1,193 102,001 - 105,500 1,792 1,486 1,280

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YEARS REGISTERED GrossWeights 1st, 2nd,3rd, 4th, 5th,and 6th Years 7th and8thYears 9th and10thYears 11th andSubsequentYears 20,001 - 22,000 $111 $97 $83 $65 22,001 - 24,000 116 101 86 67 24,001 - 26,000 124 107 90 69 26,001 - 28,000 135 115 96 73 28,001 - 30,000 144 123 102 77 30,001 - 32,000 159 136 113 86 32,001 - 34,000 169 144 119 90 34,001 - 36,000 179 152 125 94 36,001 - 38,000 189 160 131 98 38,001 - 40,000 199 168 137 102 40,001 - 42,000 209 176 143 106 42,001 - 44,000 219 184 149 110 44,001 - 46,000 229 192 155 114 46,001 - 48,000 239 200 161 118 48,001 - 50,000 249 208 167 122 50,001 - 52,000 269 226 183 136 52,001 - 54,000 279 234 189 140 54,001 - 56,000 289 242 195 144 56,001 - 58,000 299 250 201 148 58,001 - 60,000 309 258 207 152 60,001 - 62,000 319 266 213 156 62,001 - 64,000 329 274 219 160 64,001 - 66,000 339 282 225 164 66,001 - 68,000 349 290 231 168 68,001 - 70,000 359 298 237 172 70,001 - 72,000 369 306 243 176 72,001 - 74,000 379 314 249 180 74,001 - 76,000 389 322 255 184 76,001 - 78,000 399 330 261 188 78,001 - 80,000 409 338 267 192 80,001 - 82,000 419 346 273 196 82,001 - 84,000 429 368 316 272 84,001 - 86,000 449 385 330 284 86,001 - 88,000 469 402 344 296 88,001 - 90,000 489 419 358 308 90,001 - 92,000 509 436 372 320 92,001 - 94,000 529 453 386 332 94,001 - 96,000 549 470 400 344 96,001 - 98,000 569 487 414 356 98,001 - 100,000 589 504 428 368 100,001 - 102,000 609 521 442 380 102,001 - 104,000 629 538 456 392 104,001 - 105,500 649 555 470 404

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Source: S.L. 1927, ch. 179, § 25; 1931, ch. 186, § 5; 1933, ch. 160, § 8; 1933, ch. 161, § 1; 1933, ch. 162, § 2; 1935, ch. 180, § 1; 1935, ch. 187, § 1; 1941, ch. 194, § 2; R.C. 1943, §§ 39-0422 to 39-0425, 39-0429, 39-0438, 39-0451; S.L. 1945, ch. 248, § 1; 1945, ch. 251, §§ 1, 4; 1947, ch. 267, § 1; 1947, ch. 269, § 1; 1947, ch. 271, § 2; 1951, ch. 243, § 1; 1951, ch. 244, §§ 1, 3; 1953, ch. 237, §§ 4 to 6; 1953, ch. 239, § 1; 1955, ch. 244, §§ 1, 2, 4; 1957, ch. 255, § 1; 1957, ch. 256, § 4; 1957, ch. 257, § 1; 1957 Supp., §§ 39-0422, 39-0424, 39-0425, 39-0429, 39-04312, 39-0451; S.L. 1959, ch. 289, § 15; 1961, ch. 255, § 1; 1963, ch. 265, § 3; 1963, ch. 271, § 1; 1963, ch. 405, § 4; 1967, ch. 301, §§ 1, 2; 1969, ch. 338, § 1; 1971, ch. 357, § 2; 1973, ch. 291, § 2; 1973, ch. 292, § 1; 1973, ch. 293, § 1; 1973, ch. 294, § 1; 1975, ch. 330, § 1; 1975, ch. 331, § 1; 1977, ch. 327, § 4; 1977, ch. 328, § 2; 1977, ch. 336, § 1; 1977, ch. 337, § 1; 1979, ch. 409, § 4; 1979, ch. 411, § 1; 1979, ch. 412, § 1; 1979, ch. 413, § 1; 1979, ch. 414, § 1; 1981, ch. 383, § 2; 1983, ch. 422, § 2; 1983, ch. 426, § 1; 1983, ch. 427, § 1; 1987, ch. 18, §§ 2, 3; 1987, ch. 453, §§ 1, 2; 1989, ch. 455, § 1; 1991, ch. 404, § 1; 1997, ch. 51, §§ 29, 30; 1999, ch. 12, § 9; 1999, ch. 335, § 1; 1999, ch. 336, § 1; 2001, ch. 331, § 2; 2003, ch. 12, § 5; 2005, ch. 40, § 10; 2009, ch. 40, § 17; 2009, ch. 322, § 8; 2009, ch. 326, § 1; 2011, ch. 267, § 5; 2019, ch. 309, § 3, effective August 1, 2019.

Note.

Section 5 of chapter 13, S.L. 1995, provides:

“ Law Enforcement Training Academy Fee — Collection. In addition to any other registration fee, a law enforcement training academy fee of two dollars is imposed on a passenger motor vehicle, a house car, and a truck weighing twelve thousand pounds or under that is subject to registration under title 39. The fee is payable when the registration under title 39 is payable. Each month the director of the department of transportation shall transfer to the highway fund the law enforcement training academy fees collected in accordance with this Act.”

Cross-References.

Motorcycle safety education fee in addition to registration fee, see § 39-28-01.

Collateral References.

Applicability of motor vehicle registration laws to corporation domiciled in state but having branch trucking bases in other states, 16 A.L.R.2d 1414.

Note.

Section 4 of chapter 309, S.L. 2019 provides, “ APPLICATION. An owner of a semitrailer or farm trailer newly registered after August 1, 2019, shall pay the fees provided in section 3 of this Act. The owner of a currently registered semitrailer or farm trailer on August 1, 2019, shall renew registration and pay the fees provided in section 3 of this Act before January 1, 2020. The owner of a semitrailer or farm trailer currently registered under subsection 2 of section 39-04-12 as of August 1, 2019, shall renew registration and pay the fees provided in section 3 of this Act before January 1, 2020. That owner is entitled to receive a reduction in the fee of previously paid unused registration fees, except for fees paid for the 2019 registration year.”

39-04-19.1. Registration of soil and water conservation vehicles.

Trucks or combinations of trucks and trailers owned and operated by a bona fide resident of this state, but no more than one truck tractor and lowboy trailer unit, of a gross weight of twenty-four thousand one pounds [10886.67 kilograms] or more and used exclusively in soil and water conservation work or exclusively for township road construction work that results in direct benefits to agriculture, shall be furnished license plates upon the payment of one-half the annual fees for such corresponding weight as provided in subdivision b of subsection 2 of section 39-04-19.

This section is not applicable to any trucks and trailers used in road construction work, the contract for which is in excess of three thousand dollars.

Source: S.L. 1969, ch. 535, § 1.

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:
   1. An electric vehicle road use fee of one hundred twenty dollars for each electric vehicle registered.
   2. A plug-in hybrid vehicle road use fee of fifty dollars for each plug-in hybrid vehicle registered.
   3. An electric motorcycle road use fee of twenty dollars for each electric motorcycle registered.
2. As used in this section:
   1. “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.
   2. “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.
   3. “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.

Source: S.L. 2019, ch. 311, § 1, effective July 1, 2019.

39-04-20. Additional fees required of trucks. [Repealed]

Repealed by S.L. 1995, ch. 450, § 1.

39-04-21. Fees for motor vehicles first registered in state.

When a motor vehicle first becomes subject to registration during the calendar year, the registration fee must be for the remainder of the year prorated on a monthly basis, one-twelfth of the annual registration fee for each calendar month or fraction thereof. Penny adjustments must be carried to the next even dollar. Temporary registrations must be issued in such manner as is prescribed by the director of the department of transportation.

Source: S.L. 1927, ch. 179, § 25, subs. a; 1931, ch. 186, § 5, subs. a; 1941, ch. 194, § 2, subs. b3; R.C. 1943, § 39-0440; S.L. 1953, ch. 238, § 1; 1957 Supp., § 39-0440; S.L. 1959, ch. 289, § 15; 1971, ch. 357, § 3.

39-04-21.1. Trailers, semitrailers, farm trailers — Registration fees prorated — Excess weight registration. [Repealed]

Repealed by S.L. 1983, ch. 427, § 3.

39-04-22. Motor vehicle exceeding registered gross weight for which licensed not to be operated on highway — Exception.

Except as otherwise provided by law, a motor vehicle, or a combination of motor vehicles, may not be operated upon the highways of this state when the gross weight exceeds the registered gross weight for which the vehicle or combination of vehicles was licensed. Any person violating the provisions of this section will be required to license such motor vehicle at the higher legal rate in accordance with the weight carried by the motor vehicle at the time of the violation for the entire license period. However, such registration may not be construed to authorize the movement of loads in violation of chapter 39-12.

Source: S.L. 1927, ch. 179, § 25, subs. b; 1931, ch. 186, § 5, subs. b; 1933, ch. 161, § 1, subs. b; 1941, ch. 194, § 2, subs. b5; R.C. 1943, § 39-0442; S.L. 1959, ch. 289, § 15; 1961, ch. 256, § 1; 2009, ch. 322, § 9.

39-04-23. Registered motor vehicle transporting property may change registration to higher or lower registered gross weight.

Any owner of a motor vehicle transporting property who has licensed the vehicle for any gross weight limitations may change the registration to a higher registered gross weight limitation by the payment of the difference between the fee required for the new registration and the fee paid for the registration under which the vehicle is being operated. The fee must equal one-twelfth of the annual higher registration fee less one-twelfth of the registration fee already paid, the difference multiplied by the number of whole and partial calendar months remaining in the registration period. In no event may the fee be less than five dollars.

Source: S.L. 1927, ch. 179, § 25, subs. b; 1931, ch. 186, § 5, subs. b; 1933, ch. 161, § 1, subs. b; 1941, ch. 194, § 2, subs. b8; R.C. 1943, § 39-0444; S.L. 1951, ch. 244, § 2; 1957 Supp., § 39-0444; S.L. 1959, ch. 289, § 15; 1963, ch. 272, § 1; 1979, ch. 413, § 2; 1983, ch. 423, § 2; 2009, ch. 322, § 10.

39-04-24. Director to determine weight of motor vehicle when manufacturer’s weight unknown.

Any motor vehicle not having an advertised manufacturer’s weight shall pay a license fee based upon the actual weight as determined by the director from satisfactory proofs submitted to the director. Any truck not having a manufacturer’s advertised load capacity shall pay a license fee in accordance with the schedules provided in this chapter and applicable thereto upon its load capacity as determined by the director upon satisfactory proofs submitted to the director.

Source: S.L. 1927, ch. 179, § 25, subs. c; 1931, ch. 186, § 5, subs. c; 1933, ch. 160, § 8; 1935, ch. 180, § 1; R.C. 1943, § 39-0450; S.L. 1959, ch. 289, § 15; 1983, ch. 422, § 3.

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

Repealed by S.L. 1983, ch. 423, § 2.

39-04-26. Registration of vehicles transporting property — Based on registered gross weight — Minimum gross weight — Exemption.

The registration and license fee for a motor vehicle or for any lawful combination of motor vehicles used for the transportation of property must be based upon the registered gross weight of the motor vehicle or combination of vehicles. The minimum gross weight for which the motor vehicle or combination of motor vehicles can be licensed is double the unloaded weight of the motor vehicle or combination of vehicles and, subject to the minimum, the owner of any motor vehicle or combination of vehicles in the application for license shall set out the gross weight for which the owner desires a license. The gross weight of any trailer, semitrailer, or farm trailer may not be included in the minimum gross weight for which a vehicle must be licensed when the vehicle or combination of vehicles is not for hire and when the gross weight of the trailer, semitrailer, or farm trailer being towed does not exceed twenty-four thousand pounds [10886.22 kilograms].

Source: S.L. 1927, ch. 179, § 25, subs. b; 1931, ch. 186, § 5, subs. b; 1933, ch. 161, § 1, subs. b; 1941, ch. 194, § 2, subs. b4; R.C. 1943, § 39-0454; S.L. 1959, ch. 289, § 15; 1961, ch. 256, § 2; 1977, ch. 327, § 5; 1979, ch. 409, § 5; 2009, ch. 322, § 11.

39-04-27. Manufacturer or dealer to give notice of sale or transfer. [Repealed]

Repealed by S.L. 1975, ch. 328, § 1.

39-04-28. Motor vehicle and motorcycle dealers licenses — Fees — Additional number plates. [Repealed]

Repealed by S.L. 1963, ch. 285, § 14.

Note.

For present provisions relating to motor vehicle dealer licensing, see chs. 39-22, 39-22.1 and 39-22.3

39-04-29. Certificate of title to be delivered. [Repealed]

Repealed by S.L. 1981, ch. 378, § 38.

39-04-30. Cancellation of licenses. [Repealed]

Repealed by S.L. 1963, ch. 285, § 14.

39-04-31. Bond required. [Repealed]

Repealed by S.L. 1963, ch. 285, § 14.

39-04-31.1. Imposing fees in lieu of truck-mile tax. [Repealed]

Repealed by omission from S.L. 1959, ch. 289, § 15.

39-04-32. Used car lots — Location. [Repealed]

Repealed by S.L. 1963, ch. 285, § 14.

39-04-33. Dealer permitting license to be used by another dealer — License revoked — Penalty. [Repealed]

Repealed by S.L. 1963, ch. 285, § 14.

39-04-34. Dealers to furnish information to registrar. [Repealed]

Repealed by S.L. 1963, ch. 285, § 14.

39-04-34.1. Transfer of certain powers to public service commission. [Repealed]

Repealed by S.L. 1953, ch. 237, § 7.

39-04-35. Dealer to file list of used cars with registrar — Fees paid on used cars by dealer. [Repealed]

Repealed by S.L. 1963, ch. 285, § 14.

39-04-36. Transfer of registered vehicle — Removal of number plates — Transfer of number plates.

1. Whenever the ownership of a vehicle registered under the provisions of this chapter, chapter 39-18, or chapter 39-29.2 is transferred or assigned, the registration of the vehicle expires and the transferor shall remove the number plates.
2. Upon applying for the transfer of the registration and paying a five dollar fee, a person who transfers or assigns to another person the ownership of a registered vehicle may receive credit for the unused portion of the fees paid for the transferred vehicle. The transferor must use a number plate previously removed pursuant to subsection 1, regardless of whether there is any license fee credit remaining. If the number plate has become lost, stolen, or mutilated, the transferor may apply for duplicate plates. The department may establish procedures that permit the transferor to assign the credit to the transferee if the transferor is the spouse, a sibling, or a lineal ancestor or descendant of the transferee. Any remaining credit on a vehicle owned by a leasing company must be credited to the lessee. One-twelfth of the annual fee must be credited for each month of the registration period remaining after the month in which the transfer is made. The credit may not extend beyond the original expiration of the registration. Except as provided in section 39-04-44, the credit must be applied to the registration fees for a replacement vehicle. The transferor shall apply for the transfer of registration within thirty days of the purchase of the replacement vehicle.
3. Except as otherwise permitted in this chapter, before the transferee of a registered vehicle may operate the vehicle on a highway, the transferee must apply for and obtain a new registration of the vehicle, as on an original registration. To provide the transferee adequate time to obtain a new registration, the director may provide for the issuance of a temporary registration certificate to permit the transferee to operate the vehicle for thirty days after the date of acquisition. The certificate must be printed on the reverse side of each vehicle registration card and must be available to the transferee from licensed vehicle dealers, law enforcement agencies, and motor vehicle branch offices. The vehicle may be operated for five days from date of purchase without a plate or certificate of ownership if dated evidence of ownership is carried in the vehicle. The evidence of ownership must be in a form as prescribed by the department.

Source: S.L. 1927, ch. 179, § 16, subs. a; R.C. 1943, § 39-0463; S.L. 1959, ch. 289, § 15; 1963, ch. 273, § 1; 1965, ch. 272, § 1; 1967, ch. 302, § 1; 1977, ch. 338, § 1; 1981, ch. 378, § 18; 1989, ch. 453, § 2; 1991, ch. 405, § 1; 1995, ch. 367, § 2; 1999, ch. 330, § 3; 2001, ch. 331, § 3; 2001, ch. 336, § 1; 2015, ch. 276, § 4, effective April 20, 2015.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 276, S.L. 2015 became effective April 20, 2015, pursuant to an emergency clause in section 12 of chapter 276, S.L. 2015.

39-04-37. Violations of registration provisions.

It is unlawful for any person to commit any of the following acts:

1. To operate, or for the owner thereof knowingly to permit anyone to operate, upon a highway any vehicle the registration of which has been canceled or revoked, or for which the registration fees required in this title have not been paid, or which does not have attached thereto and displayed thereon a number plate, plates, or validation tabs assigned thereto by the director for the current registration period, subject to the exemptions allowed in this title.
2. To display or cause or permit to be displayed, or to have in possession, any registration card, registration number plate, or validation tabs knowing the same to be fictitious or to have been canceled, revoked, suspended, or altered.
3. To lend any registration number plate, registration card, or validation tabs to any person not entitled thereto, or knowingly permit the use of any registration number plate or registration card by any person not entitled thereto.
4. To fail or refuse to surrender to the department, upon demand, any registration card, registration number plate, or validation tab which has been suspended, canceled, or revoked as is provided in this chapter.
5. To use a false or fictitious name or address in any application for the registration of any vehicle, or for any renewal or duplicate thereof, or knowingly to make a false statement or knowingly to conceal a material fact or otherwise to commit a fraud in any application.
6. To operate, or for the owner thereof knowingly to permit anyone to operate a motor vehicle on a highway if the owner is employed in this state on a temporary or full-time basis, is a resident of the state, and does not have a temporary registration permit when required under subsection 1 of section 39-04-18.2. As used in this subsection, the term “resident” means a resident as defined under subdivision e of subsection 2 of section 39-04-18.

Source: S.L. 1927, ch. 179, § 24; 1933, ch. 160, § 7; R.C. 1943, § 39-0465; S.L. 1959, ch. 289, § 15; 1981, ch. 378, § 19; 1983, ch. 416, § 4; 1985, ch. 425, § 1; 1989, ch. 456, § 1; 2021, ch. 283, § 1, effective August 1, 2021.

Collateral References.

Validity and construction of statute making it a criminal offense for the operator of a motor vehicle not to carry or display his operator’s license or the vehicle registration certificate, 6 A.L.R.3d 506.

Validity and construction of statute making it a criminal offense to tamper with motor vehicle or contents, or to obscure registration plates, 57 A.L.R.3d 606.

39-04-38. Taxes or fees provided for to be in lieu of other state or local personal property taxes.

The taxes or fees provided for in this chapter are in lieu of all other personal property taxes, either state or local, upon such motor vehicles and upon any trailer or semitrailer for which a certificate of title is required to be issued and has been issued pursuant to the provisions of chapter 39-05.

Source: S.L. 1927, ch. 179, § 25, subs. h; 1931, ch. 186, § 5, subs. h; R.C. 1943, § 39-0466; S.L. 1959, ch. 289, § 15; 1963, ch. 405, § 5.

39-04-39. Distribution of registration fees collected.

Any moneys in the registration fund accruing from license fees or from other like sources, in excess of the amount required to pay salaries and other necessary expenses, in accordance with the legislative assembly’s appropriation for such purposes, must be promptly deposited in the highway tax distribution fund which must be distributed in the manner as prescribed by law. The state treasurer shall transfer annually from the highway tax distribution fund to the ethanol production incentive fund an amount equal to forty percent of all sums collected for the registration of farm vehicles under subsection 5 of section 39-04-19 except that no transfer may be made in an amount that would result in the balance of the ethanol production incentive fund exceeding seven million five hundred thousand dollars.

Source: S.L. 1927, ch. 179, § 30; 1933, ch. 160, § 11; 1935, ch. 177, § 1; R.C. 1943, § 39-0467; S.L. 1955, ch. 244, § 5; 1957, ch. 259, § 1; 1957 Supp., § 39-0467; S.L. 1959, ch. 289, § 15; 1961, ch. 255, § 2; 1963, ch. 274, § 1; 1967, ch. 304, § 2; 1993, ch. 380, § 1; 2003, ch. 57, § 6; 2007, ch. 496, § 6.

Cross-References.

Highway tax distribution fund, see § 54-27-19.

39-04-39.1. Distribution to local highway funds. [Repealed]

Repealed by S.L. 1967, ch. 304, § 8.

39-04-39.2. Refunds of registration fees.

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

Source: S.L. 1979, ch. 28, § 4; 1995, ch. 367, § 3.

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

The governing body of any incorporated city that has adopted the home rule provisions of chapter 40-05.1 and the department may enter into contractual agreements under which the department may collect any motor vehicle registration fees assessed by the city. Agreements entered into under this section must provide for an agreed-upon amount to be allowed the department for services rendered in connection with the collections. Any agreed-upon amount collected must be deposited in the motor vehicle registration fund. The department shall deposit with the state treasurer all money collected under this section and shall accompany each remittance with a certificate showing the city for which it was collected. The state treasurer, quarterly, shall pay to the city auditors of the several cities the money to which they are entitled under this section.

Source: S.L. 1983, ch. 428, § 1; 2009, ch. 326, § 2.

39-04-39.4. Refund of registration fees.

Any owner of a motor vehicle, if such motor vehicle is returned to the manufacturer under the provisions of chapter 51-07, may claim a refund in the amount equal to the unused portion of the fee upon the vehicle, computed pro rata by the month, one-twelfth of the annual fee paid for each month of the registration period remaining after the month in which the vehicle was returned, provided the number plates and validation tabs issued for the vehicle are returned to the department.

Source: S.L. 1985, ch. 424, § 1.

39-04-39.5. Allocation of portion of registration fee. [Repealed]

Repealed by S.L. 2005, ch. 40, § 15.

39-04-40. Officers to enforce the provisions of chapter.

The highway patrol and all other road or police officers shall enforce the provisions of this chapter.

Source: S.L. 1927, ch. 179, § 35; R.C. 1943, § 39-0468; S.L. 1959, ch. 289, § 15; 1983, ch. 418, § 4.

39-04-41. Penalty for violation of provisions of chapter.

Any person violating any of the provisions of this chapter for which another penalty is not specifically provided is guilty of a class B misdemeanor.

Source: S.L. 1927, ch. 179, § 37, subss. a, b; 1931, ch. 186, § 8, subss. a, b; 1933, ch. 162, § 6; R.C. 1943, § 39-0469; S.L. 1959, ch. 289, § 15; 1975, ch. 106, § 423.

39-04-42. Construction contract truck registration — Penalty. [Repealed]

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

39-04-43. Antique automobile — License and fee. [Repealed]

Repealed by S.L. 1981, ch. 378, § 38.

39-04-44. Credits on destroyed vehicle.

1. Any owner of a motor vehicle licensed in this state, if such vehicle is permanently and involuntarily destroyed, may during the same year or following year claim a refund in an amount equal to the unused portion of the fee paid, less five dollars, upon the vehicle so destroyed, computed pro rata by the month, one-twelfth of the annual fee paid for each month of the year remaining after the month in which such vehicle was so destroyed, provided the number plates, registration card, and certificate of title are returned to the department. If the number plates or registration card assigned to the vehicle are destroyed, a refund may be obtained upon furnishing information of such fact satisfactory to the department. Upon receiving the certificate of title, the department shall issue a salvage certificate of title.
2. If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant of the fleet shall notify the department. The department may require surrender of cab cards and other identification devices with respect to the vehicle. If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the fleet operator, the unused portion of the fees paid with respect to the vehicle must be applied against liability of the fleet operator for subsequent additions to the fleet during the registration year or for additional fees upon audit. If at the end of the registration year there remains an unused portion of fees paid with respect to the permanently withdrawn vehicles, the unused fees must be applied against registration fees for the registration year immediately following the year during which the vehicles were permanently withdrawn. The used portion of fees of a vehicle permanently withdrawn from a fleet is a sum equal to the amount paid with respect to the vehicle when it was first proportionally registered in the registration year, reduced by one-twelfth of the total annual proportional registration fee applicable to the vehicle for each calendar month of the registration year including the month the notice of withdrawal is received by the department, except that no unused portion of fees of less than five dollars may be considered or applied. If an unused portion of fees cannot be applied against registration fees for the registration year immediately following, an application for refund of the unused portion may be made to the department, which shall adopt rules as may be required for payment of the refund.

Source: S.L. 1955, ch. 245, § 1; R.C. 1943, 1957 Supp., § 39-0472; S.L. 1959, ch. 289, § 15; 1967, ch. 303, § 1; 1971, ch. 362, § 1; 1981, ch. 378, § 20; 1995, ch. 367, § 4; 1995, ch. 369, § 1.

39-04-44.1. Transporter’s license and registration card.

A vehicle otherwise properly registered may be used for transporting other vehicles not registered provided that the transported vehicle has displayed a transporter’s license plate and the transporting vehicle carries a transporter’s registration card. The fee for the transporter’s license plate and registration card is sixty-five dollars per year.

Source: S.L. 1963, ch. 265, § 6; 1987, ch. 454, § 1.

39-04-45. Driveaway transporter registration. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-46. Driveaway transporter registration — Expiration. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-47. Driveaway transporter registration — Display. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-48. Driveaway transporter registration — Application. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-49. Driveaway transporter registration — Fee. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-50. Motor vehicle department powers. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-51. Penalties. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-52. Driveaway transport license fees — Effect. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-53. Noncompliance — Effect. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-04-54. Registration card — Issuance — Contents — Signing.

Upon registering a vehicle, the department shall issue to the owner a registration card which must set forth all of the following:

1. The date issued.
2. The registration number assigned to the vehicle.
3. A description of the registered vehicle, including either serial or identification number.
4. A space for the signature of the owner.
5. The name of the owner.
6. Other statements of fact as may be determined necessary by the department.

Source: S.L. 1973, ch. 295, § 1; 1981, ch. 378, § 21.

39-04-55. Registration card to be carried in or on vehicle — Inspection of card — Penalty.

The registration card issued for a vehicle must be carried in the driver’s compartment of the vehicle or, in the case of a housetrailer or mobile home or a trailer or semitrailer, regardless of when such vehicle was acquired, inside or on the vehicle, at all times while the vehicle is being operated upon a highway in this state. The card is subject to inspection by any peace officer or highway patrol officer. Any person violating this section must be assessed a fee of twenty dollars. However, a person cited for violation of this section may not be found to have committed the violation if the person, within fourteen days after being cited produces and displays to the office of the prosecutor where the matter is pending, a registration card valid at the time the person was cited. A peace officer or highway patrol officer, upon citing a person for violating this section, shall inform the person that a violation will be considered as not having occurred if the person produces and displays a valid registration card in the manner provided in this section.

Source: S.L. 1973, ch. 295, § 1; 1973, ch. 301, § 17, amending former N.D.C.C. § 39-05-12; S.L. 1991, ch. 406, § 1; 2021, ch. 283, § 2, effective August 1, 2021.

Note.

Section 39-04-55 was created by section 1 of chapter 295, 1973 S.L. and section 2 of the same chapter 295 repealed section 39-05-12, which contained the provisions which comprised new section 39-04-55. The effect of the repeal and enactment was to remove the law from the chapter on title registration and to place it in the chapter on motor vehicle registration. Section 39-05-12 was amended by section 17 of chapter 301, 1973 S.L. and, since the identical provisions which were in section 39-05-12 were transferred to section 39-04-55, the amendment in chapter 301 has been harmonized with the latter section in order to give effect to both actions of the Legislative Assembly pursuant to section 1-02-09.1.

39-04-56. Altering or forging registration card — Penalty.

It is a class C felony for any person to:

1. Alter with fraudulent intent any registration card issued by the department;
2. Forge or counterfeit any registration card purporting to have been issued by the department under the provisions of this chapter;
3. Alter or falsify with fraudulent intent or forge any assignment of a registration card; or
4. Use any registration card, or assignment, knowing the same to have been altered, forged, or falsified.

Source: S.L. 1981, ch. 378, § 6.

39-04.2-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:

1. “Public transportation” means the vehicular transportation of persons from place to place within this state, but does not include the provision of transportation facilities otherwise provided by public funds, such as roads, streets, highways, bridges, lighting equipment, or signs.
2. “Ridership” means a one-way trip provided to any one person in a motorized vehicle designed to carry eight or more persons in an enclosed area with separate seating for each person.
3. “Transportation provider” means a political subdivision, tribal agency, or any nonprofit corporation that provides transportation to the public, especially to elderly and handicapped citizens.

Source: S.L. 1989, ch. 457, § 1; 2013, ch. 430, § 1.

39-04.2-02. Public transportation fund — Administration of the fund.

The director shall administer the public transportation fund. Payments disbursed under this chapter must be paid from moneys deposited in the fund. The expenses arising from administration of the fund must be paid from the fund within the limits of legislative appropriations.

Source: S.L. 1989, ch. 457, § 1.

39-04.2-03. Additional registration fee — Deposit in fund. [Repealed]

Repealed by S.L. 2009, ch. 40, § 26.

39-04.2-04. Distribution of funds — Continuing appropriation.

1. Moneys in the public transportation fund must be disbursed under guidelines issued by the director. The funds must be used by transportation providers to establish and maintain public transportation, especially for the elderly and handicapped, and may be used to contract to provide public transportation, as matching funds to procure money from other sources for public transportation and for other expenditures authorized by the director. Moneys in the public transportation fund are appropriated to the department of transportation on a continuing basis for distributions authorized under this section.
2. Each county shall receive a base amount of four-tenths of one percent of the appropriation for the program plus one dollar and fifty cents per capita of population in the county, based upon the latest regular or special official federal census. Each year the director shall increase or decrease the one dollar and fifty cents per capita amount in order to distribute all funds appropriated for the biennium. If there are multiple transportation providers in one county, then the base amount must be divided equally among the providers and the additional per capita amount must be based upon the percentage of elderly and handicapped ridership provided by each transportation provider within the county. Funds not expended by a county during a contract period, or previous contract periods, may be redistributed under guidelines established by the director. In addition, unexpended funds may also be used by the director for transit coordination purposes.

Source: S.L. 1989, ch. 457, § 1; 1995, ch. 35, § 17; 1999, ch. 337, § 2; 2005, ch. 326, § 2; 2007, ch. 12, § 10; 2013, ch. 286, § 1; 2013, ch. 287, § 1.

39-05-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires, “motor vehicle” includes a housetrailer or mobile home and a semitrailer designed to be towed by a truck tractor and “manufactured home” means a manufactured home as defined in section 41-09-02.

Source: S.L. 1927, ch. 180, § 1; 1931, ch. 187, § 1; R.C. 1943, § 39-0501; S.L. 1959, ch. 289, § 3; 1961, ch. 253, § 4; 1963, ch. 405, § 6; 1973, ch. 291, § 3; 1981, ch. 378, § 30; 2009, ch. 327, § 3.

Collateral References.

Purchaser’s title as affected by failure to comply with statute upon sale of automobile, 58 A.L.R.2d 1351.

Motor vehicle certificate of title or similar document as, in hands of one other than legal owner, indicia of ownership justifying reliance by subsequent purchaser or mortgagee without actual notice of other interests, 18 A.L.R.2d 813.

Failure of seller to comply with title transfer laws as affecting rights of assignee of mortgage or conditional sales contract, 58 A.L.R.2d 1351.

39-05-02. Vehicles exempt from provisions of chapter. [Repealed]

Repealed by S.L. 1975, ch. 328, § 1.

39-05-02.1. Certificate of title required.

Except as otherwise provided in this chapter, every owner of a vehicle which is in this state and for which no certificate of title has been issued shall make application to the department for a certificate of title to the vehicle.

Source: S.L. 1981, ch. 378, § 22.

39-05-02.2. Exclusions from the certificate of title requirement.

A certificate of title need not be obtained for:

1. A vehicle owned by the United States unless it is registered in this state.
2. A vehicle owned by a manufacturer or dealer and held for sale, even if incidentally moved on the highway or used for purposes of testing or demonstration, or a vehicle used by a manufacturer solely for testing.
3. A vehicle owned by a nonresident of this state and not required by law to be registered in this state.
4. A vehicle regularly engaged in interstate transportation of persons or property which is registered in accordance with the international registration plan and for which a currently effective certificate of title has been issued in another state that has a reciprocal excise tax agreement with this state.
5. A vehicle moved solely by human or animal power.
6. Implements of husbandry.
7. Special mobile equipment.
8. A self-propelled wheelchair or tricycle for a mobility-impaired individual.
9. Any vehicle which is driven or moved upon a highway only for the purpose of crossing the highway from one property to another. The vehicle shall cross the highway at an angle of approximately ninety degrees to the direction of the highway.
10. Other vehicles not required to be registered in this state or not required to display distinctive plates.
11. A manufactured home with respect to which the requirements of subsections 1 through 3 of section 39-05-35, as applicable, have been satisfied.
12. An electric bicycle.

Source: S.L. 1981, ch. 378, § 23; 2009, ch. 327, § 4; 2011, ch. 269, § 1; 2013, ch. 288, § 1; 2021, ch. 278, § 2, effective August 1, 2021.

39-05-03. Department not to license vehicle until application is made for a certificate of title.

The department may not register or renew the registration for license of any vehicle unless an application is made for an official certificate of title for the vehicle, satisfactory evidence is presented that a certificate of title for the vehicle has been issued previously to the lienholder or owner by the department, or the vehicle is regularly engaged in interstate commerce of persons or property, is registered in accordance with the international registration plan, and has a currently effective certificate of title that has been issued in another state that has a reciprocal excise tax agreement with this state.

Source: S.L. 1927, ch. 180, § 3, subs. a; 1931, ch. 187, § 2, subs. a; R.C. 1943, § 39-0503; S.L. 1979, ch. 415, § 1; 2011, ch. 269, § 2; 2013, ch. 288, § 2.

39-05-04. Certificate of title required before vehicle can be operated on highway — Penalty. [Repealed]

Repealed by S.L. 1959, ch. 289, § 16.

39-05-05. Application for certificate of title — Contents — Fee.

1. An application for a certificate of title must be made upon a form provided by the department and must contain all of the following:
   1. A full description of the vehicle, including the name of the manufacturer, either the engine, serial, or identification number, and any other distinguishing marks. The department may assign a vehicle identification number for a vehicle not otherwise assigned a number. The assigned number must be permanently affixed to the vehicle and the department may require the vehicle be inspected before issuing a certificate of title for the vehicle.
   2. A statement as to whether the vehicle is new or used.
   3. A statement of the applicant’s title and the name and address of each lienholder in the order of priority.
   4. The name and address of the person to whom the certificate of title must be delivered.
   5. If applicable, a statement as to whether the vehicle is a specially constructed, reconstructed, or foreign vehicle.
   6. The owner’s legal name, as evidenced by a valid state-issued driver’s license, identity card, or any other documentary evidence that confirms to the satisfaction of the director the true identity of the owner, street address, city, and county, or township and county, of residence. When two or more owners are designated, at least one of the owners must comply with the identification requirement of this subdivision and all names used must be legal names. A dealer shall make specific inquiry as to this information before filling in the information on the application.
   7. The department may require odometer disclosure information as required under the Truth in Mileage Act of 1986 [Pub. L. 99-579].
   8. Any other information required by the department.
2. The owner of every vehicle that has been registered outside this state shall surrender to the department the certificate of title and registration card or other evidence that may satisfy the department the applicant is the lawful owner or possessor of the vehicle.
3. If the vehicle for which certificate of title is sought is a new vehicle, a certificate of title may not be issued unless a certificate of origin executed by the manufacturer of the vehicle is attached to the application for registration or is attached to the application for the certificate of title for the vehicle. If the new vehicle for which certificate of title is sought is of foreign manufacture, the certificate of origin must be furnished by the importer of the vehicle. The manufacturer or importer of all new vehicles shall designate the total shipping weight of the vehicle on the certificate of origin.
4. When a new vehicle is purchased from a dealer, the application for the certificate of title must include a statement of the transfer by the dealer.
5. Each application must be accompanied by a fee of five dollars, which is in addition to any fee charged for the registration of the vehicle.

Source: S.L. 1927, ch. 180, § 4, subs. a; 1931, ch. 187, § 3, subs. a; R.C. 1943, § 39-0505; S.L. 1959, ch. 289, § 4; 1975, ch. 332, § 1; 1981, ch. 378, § 31; 1983, ch. 421, § 2; 1989, ch. 458, § 1; 2001, ch. 329, § 3; S.L. 2005, ch. 327, § 1; 2009, ch. 320, § 2.

39-05-06. Application to be verified — When officers and employees of department may verify. [Repealed]

Repealed by S.L. 1977, ch. 340, § 1.

39-05-07. False statement in application or other document — Penalty. [Repealed]

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

39-05-08. Application to be checked against certain indexes.

The department shall maintain a vehicle identification number index of registered motor vehicles and upon receiving an application for a certificate of title it shall check first the vehicle identification number shown in the application against such index.

Source: S.L. 1927, ch. 180, § 5; 1931, ch. 187, § 4; R.C. 1943, § 39-0508; S.L. 1971, ch. 365, § 1.

39-05-09. Issuance, contents, delivery, and term of certificate.

1. After checking the application for a certificate as provided in section 39-05-08 and except as provided in subsection 4, the department, if it is satisfied that the applicant is the person entitled to the possession of the vehicle, shall issue a certificate of title which must contain:
   1. The name of the owner.
   2. The vehicle identification number.
   3. The signature of the director.
   4. The date issued.
   5. A description of the vehicle as determined by the department.
   6. A statement of the owner’s title and of all liens or encumbrances upon the vehicle therein described and whether possession is held by the owner or lienholder.
2. Upon the reverse side of such certificate must be contained forms for the assignment of title or interest and warranty thereof by the owner with a space for the notation of liens and encumbrances upon such vehicle at the time of a transfer.
3. The amount of any lien or encumbrance upon the vehicle need not be shown anywhere on the certificate of title, only the fact of such lien or encumbrance, and the identity of the lienholder or encumbrancer. The department shall deliver the certificate of title to the owner or first lienholder. The certificate is good for the life of the vehicle as long as the vehicle is owned or held by the original holder of the certificate.
4. The department may not issue a certificate of title for a manufactured home with respect to which there has been recorded an affidavit of affixation under section 47-10-27.
5. The holder of a manufacturer’s certificate of origin to a manufactured home may deliver it to a person to facilitate conveying or encumbering the manufactured home. A person receiving a manufacturer’s certificate of origin so delivered holds the certificate in trust for the person delivering the certificate.
6. Notwithstanding any other provision of law, a certificate of title issued by the department for a manufactured home is prima facie evidence of the facts appearing on the certificate, notwithstanding that the manufactured home, at any time, becomes affixed in any manner to real property.

Source: S.L. 1927, ch. 180, § 4, subs. a; 1931, ch. 187, § 3, subs. a; R.C. 1943, § 39-0505; S.L. 1959, ch. 289, § 4; 1975, ch. 332, § 1; 1981, ch. 378, § 31; 1983, ch. 421, § 2; 1991, ch. 407, § 1; 2009, ch. 327, § 5.

39-05-09.1. Lost, stolen, or mutilated certificate of title.

If a certificate of title is lost, stolen, mutilated, destroyed, or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the department, and upon the payment of five dollars. The department may issue a duplicate title at no cost to the first lienholder or, if none, the owner named in the certificate, when satisfied the first lienholder or owner did not receive the original title which was issued. The duplicate certificate of title must contain the legend “This is a duplicate certificate and may be subject to the rights of a person under the original certificate”. It must be mailed to the first lienholder named in it or, if none, to the owner.

A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the department.

Source: S.L. 1971, ch. 367, § 1; 1975, ch. 332, § 2; 1983, ch. 421, § 3; 1989, ch. 453, § 3.

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

1. The department shall suspend or revoke a certificate of title, upon notice and reasonable opportunity to be heard in accordance with chapter 28-32, when authorized by any other provision of law or if it finds:
   1. The certificate of title was fraudulently procured or erroneously issued;
   2. The vehicle has been scrapped, dismantled, or destroyed; or
   3. A person has acquired a vehicle but has failed to transfer the ownership as required by this chapter.
2. For purposes of this section, the following apply:
   1. Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.
   2. When the department suspends or revokes a certificate of title, the owner or person in possession of it shall immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the department.
   3. The department may seize and impound any certificate of title which has been suspended or revoked.
3. Except as provided in subsection 2 of section 39-05-35, the department may not suspend or revoke a certificate of title to a manufactured home by reason of the fact that at any time the manufactured home becomes affixed in any manner to real property.

Source: S.L. 1971, ch. 368, § 1; 2003, ch. 311, § 1; 2009, ch. 327, § 6.

Effective Date.

The 2009 amendment of this section by section 6 of chapter 327, S.L. 2009 became effective July 1, 2009.

39-05-10. Registration card — Issuance — Contents — Signing. [Repealed]

Repealed by S.L. 1973, ch. 295, § 2.

Note.

For present provisions, see § 39-04-54.

39-05-11. Altering or forging certificate of title — Penalty.

Any person who shall:

1. Alter with fraudulent intent any certificate of title issued by the department;
2. Forge or counterfeit any certificate of title purporting to have been issued by the department under the provisions of this chapter;
3. Alter or falsify with fraudulent intent or forge any assignment of a certificate of title; or
4. Use any certificate or assignment, knowing the same to have been altered, forged, or falsified;

is guilty of a class C felony.

Source: S.L. 1927, ch. 180, § 11; R.C. 1943, § 39-0511; S.L. 1975, ch. 106, § 425; 1981, ch. 378, § 33.

Cross-References.

Punishment for felony, see § 12.1-32-01.

39-05-12. Registration card to be carried in or on vehicle — Inspection of card — Penalty. [Repealed]

Repealed by S.L. 1973, ch. 295, § 2.

Note.

For present provisions, see § 39-04-55.

39-05-13. Duplicate number plate, trailer plate, certificate of registration card issued when, fee. [Repealed]

Repealed by S.L. 1959, ch. 289, § 16.

39-05-14. Special number when engine or serial number is altered, removed, or defaced — Application — Stamping — Record. [Repealed]

Repealed by S.L. 1959, ch. 289, § 16.

39-05-15. Registration card to be endorsed and sent to department upon transfer of vehicle — Penalty. [Repealed]

Repealed by S.L. 1949, ch. 246, § 1.

39-05-16. Legal owner of a motor vehicle not to transfer title without certificate — Penalty. [Repealed]

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

39-05-16.1. Release of a security interest.

1. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of the lienholder, the lienholder, within ten days after demand and in any event within thirty days of the satisfaction, shall execute a release of the lienholder’s security interest in a manner prescribed by the department. The lienholder shall:
   1. Mail or deliver the certificate of title and release to the next lienholder named on the certificate of title, who, within thirty days of receipt, shall mail or deliver the certificate of title, release, and a fee of five dollars to the department. The department shall issue and mail or deliver a new certificate of title to the first lienholder named on the new certificate of title.
   2. If there are no other lienholders named on the certificate of title, mail or deliver the certificate of title and release to the owner or the owner’s designee. Within thirty days of receipt, the person receiving the certificate of title and release shall mail or deliver the certificate of title, release, and a fee of five dollars to the department. The department may prescribe further application procedures and, upon determining that there has been a proper compliance with these procedures, shall issue a new certificate of title and mail or deliver it to the owner or the owner’s designee.
2. Upon the satisfaction of a security interest in a vehicle for which the certificate of title is in the possession of a prior lienholder, the lienholder whose security interest is satisfied shall execute, within ten days after demand and in any event within thirty days of the satisfaction, a release in the form the department prescribes and deliver the release to the owner or the owner’s designee. Upon receipt of a release delivered by the owner to the lienholder in possession of the certificate of title, that lienholder shall mail or deliver the release and the certificate of title to the department. Upon the payment of a five dollar fee, the department shall issue a new certificate.
3. Notwithstanding this section, a lienholder who uses an electronic lien notification system shall follow the procedure adopted for that system by the department.

Source: S.L. 1981, ch. 378, § 28; 1983, ch. 421, § 4; S.L. 2005, ch. 327, § 2.

39-05-17. Transfer of title of vehicle — Endorsement required — Certificate of title delivered — New certificate obtained — Penalty.

1. The owner or transferor of a motor vehicle who transfers title to a vehicle shall endorse an assignment and warranty of title upon the certificate of title for the vehicle. The owner or transferor shall include on the assignment and warranty of title the name of the transferee and the selling price of the vehicle if applicable.
2. If legal title passes to the transferee, the owner shall deliver the endorsed certificate of title to the transferee within thirty days of the date the vehicle was purchased.
3. If legal title passes to a lienholder rather than the transferee, the transferee shall endorse a statement that the lienholder holds the lien and shall send the certificate of title to the department with an application for a new certificate of title showing the names of the new owner and lienholder. The certificate of title when issued must be sent by the department to the lienholder or the department may use an electronic lien notification procedure in lieu of sending a certificate of title to a lienholder.
4. Within thirty days of receiving the title, the transferee shall deliver the endorsed certificate of title to the department with a transfer fee of five dollars, and shall make an application for a new certificate of title. In addition to any other penalty, the registration to a motor vehicle may be suspended or revoked if the transferee fails to present the endorsed certificate of title to the department for transfer and make application for a new certificate of title within thirty days. The department shall deliver the new certificate of title to the lienholder with priority. If there is no lienholder, delivery must be made to the owner.
5. A violation of this section by an owner, lienholder, or transferee is a class B misdemeanor.

Source: S.L. 1927, ch. 180, § 6, subss. b, c; 1929, ch. 164, § 1, subss. b, c; 1931, ch. 187, § 6, subss. b, c; R.C. 1943, § 39-0517; S.L. 1949, ch. 247, § 1; 1951, ch. 250, § 1; 1957 Supp., § 39-0517; S.L. 1969, ch. 339, § 2; 1975, ch. 106, § 426; 1977, ch. 341, § 1; 1979, ch. 415, § 2; 1983, ch. 421, § 5; 2001, ch. 337, § 1; 2005, ch. 327, § 3; 2009, ch. 325, § 2; 2019, ch. 313, § 1, effective August 1, 2019; 2021, ch. 283, § 3, effective August 1, 2021.

Cross-References.

Classification of offenses, penalties, see § 12.1-32-01.

39-05-17.1. Certificate of title to be delivered.

Repealed by S.L. 2005, ch. 327, § 5.

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

1. The department shall adopt rules relating to the manner and form of disclosing motor vehicle body damage on the certificate of title to a motor vehicle. The rules must provide for a damage disclosure statement from the transferor to the transferee at the time ownership of a motor vehicle is transferred and provide that the department may not transfer the title without the required damage disclosure statement.
2. Motor vehicle body damage disclosure requirements apply only to the transfer of title on motor vehicles of a model year which have been released in the current calendar year and those motor vehicles of a model year which were released in the seven calendar years before the current calendar year. When a motor vehicle has been subject to this disclosure requirement and a motor vehicle of a model year has not been released in the current calendar year or the seven calendar years before the current calendar year, the holder of the certificate of title with the damage disclosure may have the disclosure removed and a new certificate of title issued for a fee of five dollars.
3. As used in this section, “motor vehicle body damage” means a change in the body or structure of a motor vehicle, generally resulting from a vehicular crash or accident, including loss by fire, vandalism, weather, or submersion in water, resulting in damage to the motor vehicle which equals or exceeds the greater of ten thousand dollars or twenty-five percent of the predamage retail value of the motor vehicle as determined by the national automobile dealers association official used car guide. The term does not include body or structural modifications, normal wear and tear, glass damage, hail damage, or items of normal maintenance and repair.
4. A person repairing, replacing parts, or performing body work on a motor vehicle of a model year which was released in the current calendar year or the seven calendar years before the current calendar year shall provide a statement to the owner of the motor vehicle when the motor vehicle has sustained motor vehicle body damage requiring disclosure under this section. The owner shall disclose this damage when ownership of the motor vehicle is transferred. When a vehicle is damaged in excess of seventy-five percent of its retail value as determined by the national automobile dealers association official used car guide, the person repairing, replacing parts, or performing body work on the motor vehicle of a model year which has been released in the current calendar year or the seven calendar years before the current calendar year shall also advise the owner of the motor vehicle that the owner of the vehicle must comply with section 39-05-20.2.
5. The amount of damage to a motor vehicle is determined by adding the retail value of all labor, parts, and material used in repairing the damage. When the retail value of labor has not been determined by a purchase in the ordinary course of business, for example when the labor is performed by the owner of the vehicle, the retail value of the labor is presumed to be the product of the repair time, as provided in a generally accepted autobody repair flat rate manual, multiplied by thirty-five dollars.
6. A person who violates this section or rules adopted pursuant to this section is guilty of a class A misdemeanor.

Source: S.L. 1991, ch. 408, § 1; 1997, ch. 330, § 1; 1999, ch. 330, § 4; 1999, ch. 338, § 1; 2019, ch. 312, § 1, effective August 1, 2019.

39-05-17.3. Vehicle leases that are not sales or security interests.

Notwithstanding any other provision of law, a transaction regarding motor vehicles or trailers does not create a sale or security interest merely because an agreement provides that the rental price may be adjusted by reference to the amount realized upon sale or other disposition of the motor vehicle or trailer.

Source: S.L. 1991, ch. 448, § 2.

39-05-18. Forwarding certificate of title to department not required when transferee is dealer — Exception. [Repealed]

Repealed by S.L. 1951, ch. 250, § 2.

39-05-19. Obtaining certificate of title for vehicle when ownership obtained by other than voluntary means.

Whenever the ownership of any vehicle passes otherwise than by voluntary transfer, the transferee may obtain a certificate of title for the vehicle from the department upon application for the certificate and payment of a fee of five dollars. The application for the certificate must be accompanied by instruments or documents of authority, or copies thereof, as may be required by law to evidence or effect a transfer of title in or to chattels in such case. The department, when satisfied of the genuineness and regularity of such transfer, shall issue a new certificate of title to the person entitled thereto, provided that the department may not issue a certificate of title for a manufactured home with respect to which there has been recorded an affidavit of affixation under section 47-10-27.

Source: S.L. 1927, ch. 180, § 6, subs. e; 1929, ch. 164, § 1, subs. e; 1931, ch. 187, § 6, subs. e; R.C. 1943, § 39-0519; S.L. 1975, ch. 332, § 3; 1981, ch. 378, § 34; 1983, ch. 421, § 6; 1997, ch. 331, § 1; 2009, ch. 327, § 7.

39-05-20. Transferee may obtain new certificate of title upon inability to obtain old certificate — Proof of ownership — Appeal.

1. When the transferee of a vehicle is unable to obtain a properly assigned certificate of title for a vehicle, and makes application for a new certificate and presents satisfactory proof of ownership, the department may cancel the old certificate and issue a new certificate to the transferee, provided that the department may not issue a certificate of title for a manufactured home with respect to which there has been recorded an affidavit of affixation under section 47-10-27. Except as otherwise provided by this subsection, satisfactory proof of ownership must include compliance by the transferee with the procedures outlined in title 35.
   1. If the transferee is an insurer that has paid a total loss claim on a vehicle but the payment has not satisfied all liens of record on the vehicle, the transferee is not required to comply with the procedures outlined in title 35 to establish satisfactory proof of ownership and the department may cancel the old certificate of title and issue a new certificate to the insurer free and clear of all liens and claims of ownership.
   2. If the transferee is a tax exempt organization under section 501(c)(3) of the Internal Revenue Code [26 U.S.C. 501(c)(3)] to which a vehicle has been donated, the transferee shall provide an affidavit providing proof the vehicle was donated.
   3. If the transferee is a licensed motor vehicle dealer that, at the request of an insurer, took possession of a vehicle that is the subject of an insurance claim but for which a total loss claim is not paid by the insurer and the vehicle has been in the possession of the dealer for more than thirty days, the necessary satisfactory proof of ownership includes only proof the dealer made at least two written attempts by certified mail with return receipt addressed to the owner of record and any known lienholder to have the vehicle removed from the dealer’s facility, upon payment of applicable charges. If satisfactory proof of ownership is established, the department may cancel the old certificate of title and issue a new certificate to the licensed motor vehicle dealer free and clear of all liens and claims of ownership.
   4. If the transferee is an individual, satisfactory proof of ownership must include that the transferee has paid for the vehicle, and that the transferee made at least two written attempts by certified mail with return receipt addressed to the owner of record and any known lienholder to obtain the certificate of title. If satisfactory proof of ownership is established, the department shall cancel the old certificate of title and issue a new certificate to the individual, subject to any existing lien.
2. The department may establish procedures for determining satisfactory proof of ownership of a vehicle in those cases when the department is unable to determine the legal owner of record. The procedures may include determining the validity of any liens on a certificate of title. Any person aggrieved by a decision of the department as to ownership of a vehicle may appeal that decision to the district court under chapter 28-32.
3. A person holding a certificate of title whose interests in the vehicle have been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the department upon request of the department. The delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate. The action of the department in issuing a new certificate of title as provided herein is not conclusive upon the rights of the owner or lienholder listed in the old certificate.

Source: S.L. 1929, ch. 164, § 1, subs. f; 1931, ch. 187, § 6, subs. f; R.C. 1943, § 39-0520; S.L. 1981, ch. 378, § 35; 1987, ch. 455, § 1; 1989, ch. 459, § 1; 2009, ch. 327, § 8; 2019, ch. 313, § 2, effective August 1, 2019.

39-05-20.1. Salvage certificate of title.

The department shall issue a salvage certificate of title for a salvaged or destroyed vehicle when the owner of the vehicle has returned the certificate of title for the vehicle to the department. The department shall prescribe the form and content of the salvage certificate of title. The certificate must include a prominent notation that it has been issued for a salvaged motor vehicle.

Source: S.L. 1981, ch. 378, § 24; 1987, ch. 456, § 1.

39-05-20.2. Issuance of salvage certificate of title.

1. The owner of a vehicle that is damaged in excess of seventy-five percent of the vehicle’s retail value as determined by the national automobile dealers association official used car guide shall forward the title for that vehicle to the department within ten days and the department shall issue a salvage certificate of title. Glass damage and hail damage must be excluded in the determination of whether a vehicle has been damaged in excess of seventy-five percent of the vehicle’s retail value.
2. If a vehicle for which a salvage certificate of title has been issued is reconstructed, a regular certificate of title may be obtained by completing an application for the certificate. The applicant shall include with the application a certificate of inspection in the form required by the department, the salvage certificate of title, and a five dollar fee. The department shall place on the regular certificate of title and on all subsequent certificates of title issued for the vehicle the words “previously salvaged” and a notation that damage disclosure information is available from the department. The department may not issue a new certificate unless the vehicle identification number of the vehicle has been inspected and found to conform to the description given in the application or unless other proof of the identity of the vehicle has been provided to the satisfaction of the department.
3. The certificate of inspection required under this section must be completed by a business that is registered with the secretary of state, is in good standing, and offers motor vehicle repair to the public. The business completing the certificate of inspection may not be the business that reconstructed the vehicle and must state the vehicle is in compliance with the requirements of chapter 39-21.

Source: S.L. 1981, ch. 378, § 26; 1983, ch. 421, § 7; 1987, ch. 456, § 2; 1991, ch. 408, § 2; 1997, ch. 330, § 2; 1999, ch. 338, § 2; 2003, ch. 258, § 4; 2013, ch. 289, § 1.

39-05-20.3. Grounds for refusing certificate of title.

The department may not issue a certificate of title or transfer a certificate of title if:

1. The application contains any false or fraudulent statements, the applicant has failed to furnish required information or reasonable additional information requested by the department, or the applicant is not entitled to the issuance of a certificate of title under this chapter.
2. The vehicle is mechanically unfit or unsafe to be operated or moved upon the highways. A vehicle is unfit and unsafe if the vehicle has an out-of-state marked title that includes a certificate for destruction or a notation on the title that the vehicle is scrap, parts-only, junk, unrepairable, nonrebuildable, a dismantler, or any other similar notation.
3. The department has reason to believe the vehicle is a stolen or embezzled vehicle or the granting of title would constitute a fraud against the rightful owner or other person having valid lien upon the vehicle.
4. The certificate of title is suspended or revoked for any reason.
5. The required fee has not been paid.
6. Any sales tax or motor vehicle excise tax, properly due, has not been paid.
7. There is failure to provide security for payment of basic no-fault benefits and the liabilities covered under motor vehicle liability insurance on a motor vehicle as required by chapter 26.1-41.

Source: S.L. 1981, ch. 378, § 29; 1985, ch. 317, § 68; 2013, ch. 290, § 1.

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.

Source: S.L. 1991, ch. 409, § 1.

39-05-21. Refusal to issue certificate of title — Revoking certificate — Appeal.

If the department determines that an applicant for a certificate of title to a vehicle is not entitled thereto, it may refuse to issue the certificate, and in that event, unless the department reverses its decision or its decision is reversed by a court of competent jurisdiction, the applicant has no further right to apply for a certificate of title on the statements in the application. The department, for a like reason, after notice and hearing, may revoke the outstanding certificate of title. Said notice must be served in person or by registered or certified mail. An appeal must be taken in accordance with the provisions of chapter 28-32.

Source: S.L. 1927, ch. 180, § 8; R.C. 1943, § 39-0521; S.L. 1981, ch. 378, § 36.

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

The department shall retain and appropriately file every surrendered certificate of title, such file to be maintained to permit the tracing of title of vehicles designated therein.

1. The department shall file, upon receipt, each affidavit of affixation relating to a manufactured home that is delivered in accordance with section 47-10-27 when satisfied of the affidavit’s genuineness and regularity.
2. The department shall maintain a record of each affidavit of affixation filed in accordance with subsection 1. The record must state the name of each owner of the related manufactured home, the county of recordation, the date of recordation, the book and page number of each book of records in which there has been recorded an affidavit of affixation under section 47-10-27, and any other information the department prescribes.
3. The department shall file, upon receipt, each application for surrender of the manufacturer’s certificate of origin relating to a manufactured home that is delivered in accordance with subsection 1 of section 39-05-35, when satisfied of the application’s genuineness and regularity.
4. The department shall file, upon receipt, each application for surrender of the certificate of title relating to a manufactured home that is delivered in accordance with subsection 2 of section 39-05-35, when satisfied of the application’s genuineness and regularity.
5. The department shall file, upon receipt, each application for confirmation of conversion relating to a manufactured home that is delivered in accordance with subsection 3 of section 39-05-35, when satisfied of the application’s genuineness and regularity.
6. The department shall maintain a record of each manufacturer’s certificate of origin accepted for surrender as provided in subsection 1 of section 39-05-35. The record must state the name of each owner of the manufactured home, the date the manufacturer’s certificate of origin was accepted for surrender, the county of recordation, the date of recordation, the book and page number of each book of records in which there has been recorded an affidavit of affixation under section 47-10-27, and any other information the department prescribes.
7. The department shall maintain a record of each manufactured home certificate of title accepted for surrender as provided in subsection 2 of section 39-05-35. The record must state the name of each owner of the manufactured home, the date the certificate of title was accepted for surrender, the county of recordation, the date of recordation, the book and page number of each book of records in which there has been recorded an affidavit of affixation under section 47-10-27, and any other information the department prescribes.
8. The department shall maintain a record of each application for confirmation of conversion accepted as provided in subsection 3 of section 39-05-35. The record must state the name of each owner of the manufactured home, the county of recordation, the date of recordation, the book and page number of each book of records in which there has been recorded an affidavit of affixation under section 47-10-27, and any other information the department prescribes.
9. Records of surrendered certificates of title and the records referred to in subsections 6, 7, and 8 must be maintained permanently. The department shall maintain a website an interested person may use to supply a vehicle identification number in order to confirm the status of a manufactured home as real estate under subsection 6 of section 47-10-27 and to confirm the department retired the manufacturer’s certificate of origin or certificate of title.

Source: S.L. 1927, ch. 180, § 7, subs. a; 1931, ch. 187, § 7, subs. a; R.C. 1943, § 39-0522; S.L. 1971, ch. 369, § 1; 2009, ch. 327, § 9; 2011, ch. 270, § 1; 2017, ch. 261, § 1, effective August 1, 2017.

39-05-23. Peace officers to report stolen and recovered motor vehicles to department. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-05-24. Index of stolen and recovered motor vehicles kept by department — Department to report to municipalities, counties, and other states. [Repealed]

Repealed by S.L. 1963, ch. 265, § 7.

39-05-25. Receiving, transferring, or having possession of stolen vehicles — Felony. [Repealed]

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

39-05-26. Used car dealers to maintain records — Contents. [Repealed]

Repealed by S.L. 1975, ch. 328, § 1.

39-05-27. Vehicle dealer to have certificate of title or other documentary evidence to prove possession.

Every vehicle dealer shall have in the dealer’s possession a separate certificate of title assigned to such dealer or other documentary evidence of the dealer’s right to the possession of every vehicle in the dealer’s possession.

Source: S.L. 1927, ch. 180, § 16, subs. b; R.C. 1943, § 39-0527; S.L. 1963, ch. 265, § 4; 1981, ch. 378, § 37.

39-05-28. Penalty for defacing, destroying, removing, or altering engine, serial, or identification numbers.

Any person who with fraudulent intent shall:

1. Deface, destroy, remove, or alter the engine, serial, or identification number of a motor vehicle;
2. Place or stamp other than the original engine, serial, or identification number, or a number assigned, upon a motor vehicle; or
3. Sell or offer for sale any motor vehicle bearing an altered or defaced engine, serial, or identification number, other than the original or a number assigned,

is guilty of a class C felony.

Source: S.L. 1927, ch. 180, § 13, subs. b; 1931, ch. 187, § 8, subs. b; R.C. 1943, § 39-0528; S.L. 1975, ch. 106, § 427; 1993, ch. 381, § 1.

Cross-References.

Punishment for felony, see § 12.1-32-01.

39-05-29. Registration of housetrailers — Provisions of chapter not applicable to trailers or semitrailers less than fifty dollars in value. [Repealed]

Repealed by S.L. 1961, ch. 253, § 6.

Note.

For present provisions, see § 39-18-03.

39-05-30. Fees and revenues collected placed in highway tax distribution fund — Payment of salaries and expenses.

All fees and revenues received by the director under the provisions of this chapter must be deposited by the director in the state treasury. Such moneys must be placed in the highway tax distribution fund. All salaries and other expenses incurred in connection with the provisions of this chapter must be paid out of the motor vehicle registration fund in the manner provided by law for the disbursement of said fund.

Source: S.L. 1927, ch. 180, § 17; 1933, ch. 160, § 13; R.C. 1943, § 39-0530; 2007, ch. 316, § 3; 2009, ch. 326, § 3.

39-05-31. Director may employ office help and purchase supplies.

Within the legislative appropriation, the director may employ all office help and purchase all supplies necessary to carry out the provisions of this chapter.

Source: S.L. 1927, ch. 180, § 17; 1933, ch. 160, § 13; R.C. 1943, § 39-0531.

39-05-31.1. Administration of oaths.

Officers and employees of the department designated by the director may administer oaths for the purposes of this chapter but may not charge any fee therefor.

Source: S.L. 1981, ch. 378, § 25.

39-05-32. Officers to enforce provisions of chapter.

The highway patrol and all other road or police officers shall enforce the provisions of this chapter.

Source: S.L. 1927, ch. 180, § 17; 1933, ch. 160, § 13; R.C. 1943, § 39-0532; S.L. 1973, ch. 296, § 1; 1983, ch. 418, § 6.

39-05-33. General penalty.

Any person violating any provision of this chapter for which another penalty is not provided specifically is guilty of a class B misdemeanor. This section does not apply to the department.

Source: S.L. 1927, ch. 180, § 19; R.C. 1943, § 39-0533; S.L. 1975, ch. 106, § 428; S.L. 2005, ch. 327, § 4.

Cross-References.

Classification of offenses, penalties, see § 12.1-32-01.

39-05-34. Penalty for felony. [Repealed]

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

39-05-35. Manufactured homes — Conversion to real property — Procedure — Rules.

1. 1. The owner or, if there is more than one owner, all owners, of a manufactured home that is covered by a manufacturer’s certificate of origin which the owner is able to produce and that is permanently affixed to real property as defined in subsection 1 of section 47-10-27, or which the owner intends to permanently affix to real property as defined in subsection 1 of section 47-10-27, may surrender the manufacturer’s certificate of origin to the manufactured home to the department by filing with the department an application for surrender of manufacturer’s certificate of origin containing or accompanied by:
      1. The name, residence, and mailing address of the owner;
      2. A description of the manufactured home, including the name of the manufacturer, the make, the model name, the model year, the dimensions, the manufacturer’s serial number of the manufactured home, whether the manufactured home is new or used, and any other information the department requires;
      3. The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired, and the names and addresses of any security interest holders and lienholders in the order of their apparent priority;
      4. A statement, signed by the owner, stating either:
         1. Any facts or information known to the owner that may affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on the manufactured home; or
         2. That no such facts or information are known to the owner;
      5. A copy of the recorded affidavit of affixation as provided in accordance with subsection 5 of section 47-10-27;
      6. The original manufacturer’s certificate of origin;
      7. The name and mailing address of each person wishing written acknowledgment of surrender from the department;
      8. The applicable fee for filing the application for surrender; and
      9. Any other information and documents the department reasonably requires to identify the owner of the manufactured home and to enable the department to determine whether the owner satisfied the requirements of subdivisions a through c of subsection 6 of section 47-10-27 and is entitled to surrender the manufacturer’s certificate of origin and the existence or nonexistence of security interests in or liens on the manufactured home.
   2. When satisfied of the genuineness and regularity of the surrender of a manufacturer’s certificate of origin to a manufactured home and upon satisfaction of the requirements of subdivision a, the department shall:
      1. Cancel the manufacturer’s certificate of origin and update the department’s records in accordance with the provisions of section 39-05-22; and
      2. Provide written acknowledgment of compliance with the provisions of this section to each person identified on the application for surrender of a manufacturer’s certificate of origin under paragraph 7 of subdivision a.
   3. Upon satisfaction of the requirements of this subsection, a manufactured home must be conveyed or encumbered as provided in chapter 47-10. If the application to surrender a manufacturer’s certificate of origin is delivered to the department within sixty days of recording the related affidavit of affixation with the recorder in the county in which the real property to which the manufactured home is or will be affixed and the application is thereafter accepted by the department, the requirements of this subsection are deemed satisfied as of the date the affidavit of affixation was recorded.
   4. Upon written request, the department shall provide written acknowledgment of compliance with the provisions of this subsection.
2. 1. The owner or, if there is more than one owner, all owners, of a manufactured home that is covered by a certificate of title which the owner is able to produce and that is permanently affixed to real property as defined in subsection 1 of section 47-10-27, or which the owner intends to permanently affix to real property as defined in subsection 1 of section 47-10-27, may surrender the certificate of title to the manufactured home to the department by filing with the department an application for surrender of title containing or accompanied by:
      1. The name, residence, and mailing address of the owner;
      2. A description of the manufactured home, including the name of the manufacturer, the make, the model name, the model year, the dimensions, the manufacturer’s serial number of the manufactured home, whether the manufactured home is new or used, and any other information the department requires;
      3. The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired, and the names and addresses of any security interest holders and lienholders in the order of their apparent priority;
      4. A statement, signed by the owner, stating either:
         1. Any facts or information known to the owner that may affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on the manufactured home; or
         2. That no such facts or information are known to the owner;
      5. A copy of the recorded affidavit of affixation provided in accordance with subsection 5 of section 47-10-27;
      6. The original certificate of title;
      7. The name and mailing address of each person wishing written acknowledgment of surrender from the department;
      8. The applicable fee for filing the application for surrender; and
      9. Any other information and documents the department reasonably requires to identify the owner of the manufactured home and to enable the department to determine whether the owner satisfied the requirements of subdivisions a through c of subsection 6 of section 47-10-27 and is entitled to surrender the certificate of title and the existence or nonexistence of security interests in or liens on the manufactured home.
   2. The department may not accept for surrender a certificate of title to a manufactured home unless and until all security interests or liens perfected under section 35-01-05.1 have been released.
   3. When satisfied of the genuineness and regularity of the surrender of a certificate of title to a manufactured home and upon satisfaction of the requirements of subdivisions a and b, the department shall:
      1. Cancel the certificate of title and update the department’s records in accordance with the provisions of section 39-05-22; and
      2. Provide written acknowledgment of compliance with the provisions of this section to each person identified on the application for surrender of title under paragraph 7 of subdivision a.
   4. Upon satisfaction of the requirements of this subsection, a manufactured home must be conveyed or encumbered as provided in chapter 47-10. If the application to surrender a certificate of title is delivered to the department within sixty days of recording the related affidavit of affixation with the recorder in the county in which the real property to which the manufactured home is or will be affixed, and the application is thereafter accepted by the department, the requirements of this subsection are deemed satisfied as of the date the affidavit of affixation was recorded.
   5. Upon written request, the department shall provide written acknowledgment of compliance with the provisions of this subsection.
3. 1. The owner or, if there is more than one owner, all owners, of a manufactured home that is not covered by a manufacturer’s certificate of origin or a certificate of title, or of a manufactured home that is covered by a manufacturer’s certificate of origin or certificate of title but which the owner of the manufactured home, after diligent search and inquiry, is unable to produce, and that is permanently affixed to real property as defined in subsection 1 of section 47-10-27, or which the owner intends to permanently affix to real property as defined in subsection 1 of section 47-10-27, may apply to the department by filing with the department an application for confirmation of conversion containing or accompanied by:
      1. The name, residence, and mailing address of the owner;
      2. A description of the manufactured home, including the name of the manufacturer, the make, the model name, the model year, the dimensions, the manufacturer’s serial number of the manufactured home, whether the manufactured home is new or used, and any other information the department requires;
      3. The date of purchase by the owner of the manufactured home, the name and address of the person from whom the home was acquired, and the names and addresses of any security interest holders and lienholders in the order of their apparent priority;
      4. A statement, signed by the owner, stating either:
         1. Any facts or information known to the owner that could affect the validity of the title to the manufactured home or the existence or nonexistence of a security interest in or lien on the manufactured home; or
         2. That no such facts or information are known to the owner;
      5. A recorded copy of the affidavit of affixation as provided in accordance with subsection 5 of section 47-10-27;
      6. A sworn declaration by an attorney duly admitted to practice in this state or an agent of a title insurance company duly licensed to issue policies of title insurance in this state that the manufactured home is free and clear of, or has been released from, all recorded security interests, liens, and encumbrances; and
         1. Any facts or information known to that person that could affect the validity of the title of the manufactured home or the existence or nonexistence of any security interest in or lien on the manufactured home; or
         2. That no such facts or information are known to that person;
      7. The name and mailing address of each person wishing written acknowledgment of surrender from the department;
      8. The applicable fee for filing the application for surrender; and
      9. Any other information and documents the department reasonably requires to identify the owner of the manufactured home and to enable the department to determine whether the owner satisfied the requirements of subdivisions a through c of subsection 6 of section 47-10-27 and the existence or nonexistence of security interests in or liens on the manufactured home.
   2. When satisfied of the genuineness and regularity of the application for confirmation of conversion of a manufactured home and upon satisfaction of the requirements of subdivision a, the department shall:
      1. Update its records in accordance with the provisions of section 39-05-22; and
      2. Provide written acknowledgment of compliance with the provisions of this subsection to each person identified on the application for confirmation of conversion under paragraph 7 of subdivision a.
   3. Upon satisfaction of the requirements of this subsection, a manufactured home must be conveyed or encumbered as provided in chapter 47-10. If the application for confirmation of conversion of a manufactured home is delivered to the department within sixty days of recording the related affidavit of affixation with the recorder in the county in which the real property to which the manufactured home is or will be affixed and the application is thereafter accepted by the department, the requirements of this subsection are deemed satisfied as of the date the affidavit of affixation was recorded.
   4. Upon written request, the department shall provide written acknowledgment of compliance with the provisions of this subsection.
4. The department may adopt rules to implement the provisions of this section.

Source: S.L. 2009, ch. 327, § 10.

39-06-01. Operators must be licensed — Additional licensing — Penalty.

1. An individual, unless exempted in this section, may not drive any motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state unless the individual has a valid license as an operator under this chapter or a temporary operator’s permit issued under chapter 39-20. An individual may not receive an operator’s license or a nondriver identification card until that individual surrenders to the director all operator’s licenses, permits, and nondriver photo identification cards issued to that individual by any state or country. If a license issued by another state is surrendered, the director shall notify the issuing state of the surrender. An individual may be issued either a valid operator’s license or a nondriver identification card at any one time, but not both.
2. An individual licensed as an operator may exercise the privilege granted by the license on any highway in this state and may not be required to obtain any other license to exercise the privilege by any political subdivision having authority to adopt police regulations, except that municipalities may regulate occupations and may regulate the operation of taxicabs under subsection 27 of section 40-05-01.

Source: S.L. 1955, ch. 251, § 1; R.C. 1943, 1957 Supp., § 39-0601; S.L. 1961, ch. 257, § 1; 1963, ch. 277, § 2; 1975, ch. 339, § 2; 1977, ch. 354, § 1; 1983, ch. 415, § 4; 1989, ch. 460, § 1; 2011, ch. 271, § 2; 2013, ch. 291, § 3; 2017, ch. 256, § 2, effective August 1, 2017.

39-06-01.1. Special provisions for minor operators.

1. The director shall cancel the operator’s license of an individual who has committed acts resulting in an accumulated point total in excess of five points as provided for a violation under section 39-06.1-10 if:
   1. The acts or offenses were committed while the individual was a minor; and
   2. The individual admitted the violation, was found to have committed the violation by the official having jurisdiction, or pled guilty to, was found guilty of, or adjudicated to have committed the offense.
2. The director shall cancel the operator’s license of an individual who has committed an alcohol-related offense or a drug-related offense while operating a motor vehicle if:
   1. The offense was committed while the individual was a minor;
   2. The individual was found to have committed the offense by the official having jurisdiction, or pled guilty to, was found guilty of, or adjudicated to have committed the offense;
   3. The offense created an imminent risk of injury to another individual;
   4. A lesser penalty would be ineffective to prevent future risk to another individual; and
   5. The official having jurisdiction orders the director to cancel the operator’s license.
3. If an individual has had that individual’s license to operate a motor vehicle canceled under subsection 1 or 2, the director shall deem that individual to have never have had any license to operate a motor vehicle and may not issue any license to operate a motor vehicle other than an instruction permit or a restricted instruction permit after the completion of any period of suspension or revocation. After the issuance of an instruction permit or restricted instruction permit, the director may not issue any other operator’s license to that individual until that individual:
   1. Meets the requirements of section 39-06-17. The driver education requirement may be met through either an internet course or successfully completing a course at an approved commercial driver training school meeting the requirements of chapter 39-25; and
   2. Satisfies all other requirements that apply to that individual for that operator’s license.

Source: S.L. 1999, ch. 341, § 3; 2001, ch. 338, § 1; 2011, ch. 271, § 3; 2013, ch. 291, § 4; 2015, ch. 275, § 1, effective August 1, 2015; 2021, ch. 284, § 1, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 275, S.L. 2015 became effective August 1, 2015.

39-06-01.2. Anatomical gifting.

The application for nondriver photo identification cards and operator’s licenses must include a statement making an anatomical gift and provide for the voluntary identification of the applicant as a donor under chapter 23-06.6. In addition, identification of the applicant as a donor under chapter 23-06.6 may be completed by an online registry approved by the director. If the applicant’s donor intention is made by the online registry, the intention must be recorded on the applicant’s record. The intention is not required on the identification card or license unless a duplicate card is obtained or at the time of renewal. The department may not be held civilly or criminally liable for any act or omission in implementing and maintaining the online registration of donors.

Source: S.L. 2011, ch. 271, § 4; 2013, ch. 291, § 5.

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

1. Upon submission of an application for an initial, renewal, or duplicate instruction permit, operator’s license, or a nondriver identification card by a man at least eighteen years of age and under the age of twenty-six, the department shall provide for the registration of the applicant with the selective service system.
2. The department shall provide language on the application informing the applicant his signature on the application serves as an acknowledgment the applicant already has registered with the selective service system or the applicant consents to registration.
3. An applicant who objects to registration for conscientious, religious, or other grounds may contact the selective service system for alternative options.
4. The department shall forward the applicant’s necessary personal information to the selective service system for registration.

Source: S.L. 2019, ch. 314, § 1, effective August 1, 2019.

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

1. The following individuals are exempt from having an operator’s license:
   1. An employee of the United States government while operating a motor vehicle owned by or leased to that government and being operated on official business.
   2. A nonresident who is at least sixteen years of age, who has in that individual’s immediate possession a valid operator’s license issued to that individual in that individual’s home state or country.
   3. A member of the armed forces of the United States while that individual is stationed in North Dakota, if that individual has a valid current operator’s license from another state.
   4. An individual over sixteen years of age who becomes a resident of this state and who has in possession a valid operator’s license issued to that individual under the laws of some other state or country or by military authorities of the United States for a period of not more than sixty days after becoming a resident of this state.
   5. A member of the North Dakota national guard operating any military vehicles as authorized by a national guard operator’s license while on duty.
2. For purposes of this chapter, an individual is deemed a resident of this state when the individual has lived in the state for ninety consecutive days, unless the individual is a nonresident student, a tourist, or a member of the armed forces.

Source: S.L. 1955, ch. 251, § 2; R.C. 1943, 1957 Supp., § 39-0602; S.L. 1959, ch. 291, § 1; 1963, ch. 277, § 3; 1983, ch. 429, § 1; 1989, ch. 460, § 2; 1997, ch. 332, § 1; 2013, ch. 291, § 6; 2017, ch. 262, § 1, effective August 1, 2017.

Cross-References.

Extended term of license held by members of armed forces, see § 39-06-19.1.

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

The director may not issue an operator’s license:

1. To an individual who is under the age of sixteen years, except that the director may issue an instructional permit under section 39-06-04, a restricted permit under section 39-06-05, or a license under section 39-06-17.
2. To an individual whose license has been suspended or revoked in this state or in any other state during the suspension, except under section 39-06.1-03 or 39-06.1-11, or to any person whose license has been revoked, except under sections 39-06-35, 39-06-36, and 39-06.1-11.
3. To an individual who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to competency by the methods provided by law.
4. To an individual who is required by this chapter to take an examination, unless the individual has successfully passed such examination.
5. To an individual who is required under the laws of this state to deposit security or file proof of financial responsibility and who has not deposited the security or filed the proof.
6. To an individual if the director has good cause to believe that the individual by reason of physical or mental disability would not be able to operate a motor vehicle with safety.
7. To an individual when the director has good cause to believe that the operation of a motor vehicle on the highways by that individual would be inimical to public safety or welfare.

Source: S.L. 1955, ch. 251, § 3; R.C. 1943, 1957 Supp., § 39-0603; S.L. 1967, ch. 292, § 2; 1969, ch. 340, § 1; 1973, ch. 301, § 18; 1975, ch. 339, § 3; 1977, ch. 348, § 2; 2005, ch. 328, § 1; 2009, ch. 328, § 1; 2011, ch. 272, § 2; 2013, ch. 291, § 7; 2015, ch. 268, § 4, effective April 15, 2015.

Effective Date.

The 2015 amendment of this section by section 4 of chapter 268, S.L. 2015 became effective April 15, 2015, pursuant to an emergency clause in section 15 of chapter 268, S.L. 2015.

Collateral References.

Age requirements for licensing of motor vehicle operators, validity, construction, and application of, 86 A.L.R.3d 475.

39-06-03.1. Nondriver photo identification card issued by director — Release of information — Penalty — Public awareness.

1. The director shall issue a nondriver color photo identification card to any resident of this state who fulfills the requirements of this section. An application for an identification card must be made on a form furnished by the director. Within thirty days from receipt of a complete application that includes the applicant’s social security number, unless the applicant is a nonimmigrant who is not eligible for a social security number, the director shall determine whether to issue and, if appropriate, issue a nondriver photo identification card to an applicant. The director may not withhold the issuance of a nondriver color photo identification card without reasonable cause. If the applicant is under the age of eighteen or at least the age of eighteen and under the age of twenty-one, the photo must be against the same color background required on a motor vehicle operator’s license for an operator of that age. Subject to section 39-06-19, identification cards expire eight years from the date of issue and may be renewed. The application must contain other information as the director may require to improve identity security.
2. The director shall issue a nondriver color photo identification card to any resident who at the time of application is not a citizen of the United States and who fulfills the requirements of this section. The identification card must be designed in a manner to clearly make the card distinguishable from a similar card issued to a citizen of the United States and resident of this state. The card may be replaced with a card issued to a citizen of this country and resident of this state only when proof of United States citizenship is provided by the individual and any applicable replacement fee listed in section 39-06-49 is paid.
3. To confirm the identity, date of birth, and legal presence of the applicant, the director or examining officer shall require satisfactory evidence be provided by the applicant. Satisfactory evidence includes a certified copy of the applicant’s birth certificate or other evidence reasonably calculated to permit the determination of the date of birth, identification, and legal presence of the applicant by the director or examining officer. The director may require an applicant for an identification card to provide a social security card and proof of residence address.
4. The application fee is listed in section 39-06-49. Except for a duplicate or replacement card, the director may not charge a fee to provide a nondriver photo identification card to an eligible applicant.
5. Any information obtained by the director from an applicant for the issuance, renewal, or replacement of an identification card may not be released unless allowed under section 39-16-03.
6. The director may advertise the availability and the use of the card.
7. Identification cards issued under this section are sufficient identification for all identification purposes.

Source: S.L. 1977, ch. 342, § 1; 1983, ch. 429, § 2; 1987, ch. 440, § 2; 1987, ch. 457, § 1; 1987, ch. 458, § 1; 1993, ch. 375, § 3; 1995, ch. 370, § 1; 1999, ch. 339, § 1; 1999, ch. 340, § 2; 2005, ch. 231, § 3; 2007, ch. 322, § 1; 2007, ch. 323, § 1; 2007, ch. 237, § 4; 2009, ch. 329, § 1; 2009, ch. 330, § 1; 2011, ch. 271, § 5; 2013, ch. 167, § 7; 2013, ch. 291, § 8; 2017, ch. 152, § 10, effective July 1, 2017; 2017, ch. 256, § 3, effective August 1, 2017.

Note.

Section 39-06-03.1 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 10 of Chapter 152, Session Laws 2017, House Bill 1369; and Section 3 of Chapter 256, Session Laws 2017, House Bill 1128.

39-06-04. Class D instruction permit.

1. Any resident of this state who is at least fourteen years of age may apply to the director for a class D instruction permit.
2. The director may issue a class D instruction permit that entitles the applicant while having the permit in the permittee’s immediate possession to drive a motor vehicle upon the public highways, if the individual:
   1. Has successfully passed a standard written rules of the road knowledge test prescribed by the director;
   2. Has successfully passed a vision examination; and
   3. Has the written approval of the individual’s parent or legal guardian.
3. The permittee must be accompanied by an individual with a class A, B, C, or D license in a vehicle allowed to be operated with a class D license, who is at least eighteen years of age, who has had at least three years of driving experience, and who is occupying a seat beside the driver. An individual other than the supervising driver and the permitholder may not be in the front seat unless the vehicle has only a front seat, in which case, the supervising driver must be seated next to the permitholder.
4. An individual who is not yet eighteen years of age is not eligible for a class D license until that individual has had an instruction permit issued for at least six months or at least twelve months if under the age of sixteen. The director may recognize an instruction permit issued by another jurisdiction in computing the six-month or twelve-month instructional period.
5. The permittee may not operate an electronic communication device to talk, compose, read, or send an electronic message while operating a motor vehicle that is in motion unless the sole purpose of operating the device is to obtain emergency assistance, to prevent a crime about to be committed, or in the reasonable belief that an individual’s life or safety is in danger.

Source: S.L. 1955, ch. 251, § 4; R.C. 1943, 1957 Supp., § 39-0604; S.L. 1967, ch. 292, § 3; 1977, ch. 343, § 1; 1987, ch. 458, § 2; 1989, ch. 460, § 3; 1999, ch. 341, § 1; 2011, ch. 272, § 3; 2013, ch. 291, § 9; 2013, ch. 298, § 1.

Collateral References.

Liability, for personal injury or property damage, for negligence in teaching or supervision of learning driver, 5 A.L.R.3d 271.

39-06-05. Restricted instruction permit — When instruction permit not required — Driver’s training course.

1. The director upon receiving proper application may issue a restricted instruction permit effective for a school year or more restricted period to an applicant who is at least fourteen years of age and enrolled in a commercial driver training course that includes practice driving and which is approved by the director of the highway patrol under chapter 39-25. The restricted instruction permit entitles the permittee when the permittee has the permit in the permittee’s immediate possession to operate a motor vehicle with an approved instructor occupying a seat beside the permittee and on a designated highway or within a designated area.
2. 1. Subject to subdivision b, any student enrolled in behind-the-wheel driver’s training through a high school program approved by the superintendent of public instruction may operate a motor vehicle, under the supervision of a driver training instructor certified by the superintendent of public instruction, without a permit or license to operate a motor vehicle, if the school district sponsoring the driver’s training program has an insurance policy covering any damage that may be done by a student while operating the vehicle and proof of coverage is filed with the superintendent of public instruction by the school district’s insurance carrier. The insurance coverage must be in the amount required to establish proof of financial responsibility.
   2. A student may not enroll in a driver’s training course through a high school program approved by the superintendent of public instruction unless the student will be at least fourteen years of age by the completion date of the classroom portion of the driver’s training course. A student may not participate in the behind-the-wheel driver’s training portion of the driver’s training course until the student is at least fourteen years of age. A student must complete the driver’s training course’s required amount of behind-the-wheel driver’s training before successfully completing the course.

Source: S.L. 1955, ch. 251, § 5; R.C. 1943, 1957 Supp., § 39-0605; S.L. 1975, ch. 333, § 1; 1985, ch. 317, § 69; 1987, ch. 458, § 3; 1991, ch. 410, § 1; 2013, ch. 291, § 10; 2019, ch. 315, § 1, effective August 1, 2019.

39-06-06. Temporary operator’s permit.

The director may issue a temporary operator’s permit for the operation of a motor vehicle to an applicant for an operator’s license pending an investigation and determination of facts relative to the applicant’s right to receive an operator’s license. The permit must be in the applicant’s immediate possession while operating a motor vehicle and is invalid if the applicant’s license has been issued or denied.

Source: S.L. 1955, ch. 251, § 6; R.C. 1943, 1957 Supp., § 39-0606; S.L. 1987, ch. 458, § 4; 2013, ch. 291, § 11.

39-06-07. Application for operator’s license.

1. An applicant for an operator’s license must be made upon a form furnished by the director.
2. An applicant must state on the application the full name, date of birth, sex, social security number, unless the applicant is a nonimmigrant who is not eligible for a social security number or the applicant provides an affidavit stating the applicant was not assigned a social security number, residence and mailing address, and provide a brief description of the applicant. By signing the application the applicant is deemed to have certified that all information contained on the application is true and correct. The application must be accompanied by the fee listed in section 39-06-49. The application must contain any other information as the director may require to improve identity security. The director may require an applicant to provide a social security card and proof of residence address.
3. If an application is received from an individual previously licensed in another jurisdiction, the director may request a copy of the driver’s record from the other jurisdiction. A copy of another jurisdiction’s driving record becomes a part of the driving record in this state with the same force and effect as though entered on the driving record in this state in the original instance.

Source: S.L. 1955, ch. 251, § 7; R.C. 1943, 1957 Supp., § 39-0607; S.L. 1963, ch. 278, § 1; 1977, ch. 344, § 1; 1979, ch. 405, §§ 2, 3; 1981, ch. 384, § 2; 1989, ch. 303, § 3; 1999, ch. 141, § 20; 2007, ch. 237, § 5; 2009, ch. 329, § 2; 2011, ch. 271, § 6; 2013, ch. 291, § 12; 2021, ch. 285, § 1, effective August 1, 2021.

Decisions under Prior Law

Application for Renewal of Driver’s License.

Driver did not present the North Dakota Department of Transportation with a complete application for renewal of his driver’s license containing his social security number, and did not demonstrate a clear legal right to performance of the act sought to be compelled by his petition for a writ of mandamus; the trial court abused its discretion in ordering issuance of a license to the driver without the provision of a social security number. Kouba v. Hoeven, 2004 ND 185, 687 N.W.2d 491, 2004 N.D. LEXIS 312 (N.D. 2004).

39-06-07.1. Proof of name, date of birth, legal presence, and citizenship for operator’s license application — License difference for citizens and noncitizens — Primary source identity documents.

1. An applicant must verify the applicant’s name, date of birth, and legal presence on any application by a certified birth certificate or any other documentary evidence that confirms to the satisfaction of the director the true identity, date of birth, legal presence, and citizenship of the applicant. The license issued to a noncitizen of the United States must be designed in a manner to distinguish the license clearly from a similar license issued to a citizen of the United States.
2. Primary source identity documents retained by the department are not public records.

Source: S.L. 1975, ch. 334, § 1; 1987, ch. 458, § 5; 1997, ch. 332, § 2; 2009, ch. 329, § 3; 2013, ch. 291, § 13; 2017, ch. 152, § 11, effective July 1, 2017; 2017, ch. 256, § 4, effective August 1, 2017.

Note.

Section 39-06-07.1 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 11 of Chapter 152, Session Laws 2017, House Bill 1369; and Section 4 of Chapter 256, Session Laws 2017, House Bill 1128.

39-06-07.2. Medical advice — Use by director — Driver’s duty to report certain injuries.

1. The director is authorized to seek professional medical advice from a licensed medical care provider and to use that advice in decisions made by the director in regard to the issuance, renewal, suspension, revocation, or cancellation of an operator’s license under this chapter. The director may receive advice in any manner.
2. In addition to advice sought and received under subsection 1, the director may consider information and advice received from an applicant’s or motor vehicle operator’s licensed health care provider. Any examination and report requested by the applicant, motor vehicle operator, or director under this chapter is at the expense of the applicant or motor vehicle operator.
3. Any licensed health care provider does not incur any liability for any opinion, recommendation, or advice provided to the director under subsection 1.
4. Advice and information received by the director under subsection 1 which relates to an individual applicant or motor vehicle operator is for the confidential use of the director in making decisions on the individual’s qualifications as a driver, and the information may not be divulged to any person or used in evidence in any trial or proceeding except in matters concerning the individual’s qualifications to receive or retain an operator’s license.
5. In addition to other sources of information, general advice and information received by the director under this section may be used by the director in the adoption of administrative rules concerning medical criteria for driver licensing.
6. Before operating any motor vehicle the holder of an operator’s license issued under this chapter who has suffered permanent loss of use of a hand, arm, foot, leg, or eye shall report the loss of use to the director who shall take reasonable action as may be proper under this chapter as to re-examination of the licensee to determine if the licensee is capable of operating vehicles for which the licensee is licensed.

Source: S.L. 1981, ch. 384, § 1; 1999, ch. 340, § 3; 2011, ch. 273, § 1; 2011, ch; 2013, ch. 291, § 14.

39-06-08. Application of minors.

The application of any minor for an operator’s license must be signed and verified before an individual authorized to administer oaths or the director, by the father, mother, or legal guardian, or if there is not a parent or legal guardian, then by another responsible adult who is willing to assume the obligation imposed under this chapter upon an individual signing the application of a minor. If the father, mother, or legal guardian is unable to appear, a father, mother, or legal guardian may designate, through a notarized document, an individual temporarily authorized to sign the application.

Source: S.L. 1955, ch. 251, § 8; R.C. 1943, 1957 Supp., § 39-0608; S.L. 1973, ch. 120, § 36; 1979, ch. 405, § 4; 1997, ch. 332, § 3; 2005, ch. 329, § 1; 2013, ch. 291, § 15; 2017, ch. 263, § 1, effective August 1, 2017.

Collateral References.

State’s liability to one injured by improperly licensed driver, 41 A.L.R.4th 111.

39-06-09. Liability for negligence of minor — General.

1. Subject to subsection 2, any negligence of a minor when driving a motor vehicle on a highway must be imputed to the individual who signed the application of the minor for an operator’s license, or upon the father, mother, or legal guardian if signing authority has been temporarily transferred under section 39-06-08. This individual is jointly and severally liable with the minor for damages caused by the negligence, except as provided in section 39-06-10.
2. The negligence of a minor under subsection 1 may not be imputed to the individual who signed the application of the minor for an operator’s license, or upon the father, mother, or legal guardian if signing authority temporarily has been transferred under section 39-06-08 for any injury or damage to that individual which was caused by the minor’s negligence.

Source: S.L. 1955, ch. 251, § 9; R.C. 1943, 1957 Supp., § 39-0609; S.L. 1973, ch. 120, § 37; 2013, ch. 291, § 16; 2017, ch. 263, § 2, effective August 1, 2017; 2021, ch. 286, § 1, effective April 13, 2021.

Cross-References.

Liability of parent or child for acts of one another, see § 14-09-21.

39-06-10. Liability for negligence of minor — Proof of financial responsibility.

If a minor provides proof of financial responsibility for the operation of a motor vehicle, then the director may accept the application of the minor.

Source: S.L. 1955, ch. 251, § 10; R.C. 1943, 1957 Supp., § 39-0610; S.L. 1973, ch. 120, § 38; 1987, ch. 458, § 6; 2013, ch. 291, § 17.

39-06-11. Cancellation of minor’s license or permit upon request.

An individual who has signed the application of a minor for a license may file with the director a verified written request to cancel the operator’s license of the minor. Upon receipt of the request, the director shall cancel the operator’s license of the minor and the individual who signed the application of the minor is relieved from the liability imposed under this chapter by reason of having signed the application on account of any subsequent negligence of the minor in operating a motor vehicle.

Source: S.L. 1955, ch. 251, § 11; R.C. 1943, 1957 Supp., § 39-0611; 2013, ch. 291, § 18.

39-06-12. Cancellation of an operator’s license of a minor upon death of applicant.

The director upon receipt of satisfactory evidence of the death of the individual who signed the application of a minor for an operator’s license shall cancel the operator’s license and may not issue a new license until a new application is made by the minor.

Source: S.L. 1955, ch. 251, § 12; R.C. 1943, 1957 Supp., § 39-0612; 2013, ch. 291, § 19.

39-06-13. Examination of applicants.

1. Unless otherwise provided in this chapter, the director shall examine every applicant for an operator’s license. The examination must include a test of the applicant’s eyesight; ability to read and understand highway signs regulating, warning, and directing traffic; and knowledge of the traffic laws of this state. The director shall make any written portion of the examination, except writing on illustrations of signs, available to an applicant in any widely practiced language. The director may waive the written portion of the examination for an applicant who has successfully passed a written examination in another state and has an operator’s license that is not or in the process of being revoked, suspended, or canceled.
2. The director shall establish a process to administer the written portion of an examination for an operator’s license through an online electronic medium. The director shall charge an applicant a fee of ten dollars to access the online written examination. The online examination must:
   1. Use personal questions about the applicant before the examination which the applicant is required to answer during the examination, to strengthen test security to deter fraud; and
   2. Require the applicant’s parent or legal guardian to certify to the department the parent or legal guardian monitored the applicant during the online written examination, before issuance by the department of a class D instruction permit to an applicant who has passed the online examination.
3. The examination must include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle unless waived for an applicant who has successfully passed an actual ability test in this or another state conducted by a state licensing authority or by a commercial driver training school meeting the driver education requirements prescribed by the director under chapter 39-25. A minor may operate a motor vehicle no matter how owned for the actual ability test.
4. In lieu of an eyesight test, the applicant may provide a statement of examination from a licensed physician or an optometrist stating the corrected and uncorrected vision of the applicant, if the examination was within six months of the application.
5. The director may require any other physical or mental examination.

Source: S.L. 1955, ch. 251, § 13; R.C. 1943, 1957 Supp., § 39-0613; S.L. 1977, ch. 345, § 1; 1981, ch. 384, § 3; 1987, ch. 459, § 1; 1989, ch. 460, § 4; 1995, ch. 371, § 1; 1997, ch. 333, § 1; 2003, ch. 312, § 1; 2013, ch. 291, § 20; 2015, ch. 275, § 2, effective August 1, 2015; 2021, ch. 287, § 1, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 275, S.L. 2015 became effective August 1, 2015.

Cross-References.

Re-examination when required by court, see § 39-06-34.1.

39-06-13.1. Fee for examination of applicants.

1. An applicant for an operator’s license who is required to be tested to determine the applicant’s knowledge of highway signs, regulating, warning, and directing traffic and of the traffic laws of this state shall pay a fee listed in section 39-06-49.
2. An applicant for an operator’s license who is required to be tested to demonstrate the applicant’s ability to exercise ordinary and reasonable control in the operation of a motor vehicle shall pay a fee listed in section 39-06-49.

Source: S.L. 1987, ch. 440, § 3; 2013, ch. 291, § 21.

39-06-14. Licenses issued to operators — General — Classified operator’s license.

1. Upon the payment of the application fee listed in section 39-06-49, the director shall issue to every qualified applicant an operator’s license. An application for an operator’s license must be made on a form furnished by the director. The operator’s license must bear the full name, date of birth, residence address, and a brief description of the licensee.
2. The license must bear either a facsimile of the signature of the licensee or a space upon which the licensee shall write the licensee’s usual signature. An operator’s license is not valid unless signed by the licensee with the licensee’s usual signature. For purposes of verification, the director may require the licensee to write the licensee’s signature in the presence of the director.
3. The operator’s license must bear a distinguishing number assigned to the licensee. The director may not issue a distinguishing number that is, contains, can be converted to, or is an encrypted version of the applicant’s social security number.
4. The operator’s license must bear a color photograph of the licensee. The director may adopt rules relating to the manner in which photographs are to be obtained and placed on an operator’s license. The photograph may be produced by digital imaging or other electronic means and is not a public record. If the licensee is under the age of eighteen, the photograph must be against a color border or background that is different from the color used for other licensees. If the licensee is at least the age of eighteen and is under the age of twenty-one, the photograph must be against a color border or background that is different from the color used for other licensees.
5. The director shall issue an operator’s license to any resident who at the time of application is not a citizen of the United States and who fulfills the requirements of this section. The license must be designed in a manner to distinguish the license clearly from a similar license issued to a citizen of the United States and resident of this state. The license issued under this subsection may be replaced with a card issued to a citizen of this country and resident of this state only when proof of United States citizenship is provided by the individual and the replacement fee listed in section 39-06-49 is paid.
6. Upon request and with adequate documentation, the director shall place an indicator on the face of an operator’s license of a veteran. The veteran may make the request through the department of veterans’ affairs.
7. An applicant holding a valid operator’s license issued by this state and making application for renewal must be issued a class D license without being subjected to a written or actual ability examination. The director shall issue to any other applicant applying for issuance of an operator’s license a classified license after a successful examination in the type of motor vehicle or combination of vehicles for the particular class of license and the particular license authorizes the holder to drive the particular class of vehicles as designated in section 39-06.2-09 or this chapter.
8. An individual with a class D license may operate:
   1. A single vehicle with a gross vehicle weight rating of twenty-six thousand pounds [11793.40 kilograms] or less or this vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds [4535.92 kilograms] or a combination of vehicles with a gross combination weight or a gross combination weight rating in excess of twenty-six thousand pounds [11793.40 kilograms] if the individual is eighteen years of age or older, unless the individual is driving a farm vehicle and meets the requirements of subdivision e of subsection 7 of this section and subsection 3 of section 39-06.2-06.
   2. A farm tractor towing another vehicle having a gross weight in excess of ten thousand pounds [4535.92 kilograms].
   3. A truck towing a trailer in excess of ten thousand pounds [4535.92 kilograms] if the combined weight does not exceed twenty-six thousand pounds [11793.40 kilograms] gross combination weight rating.
   4. A house car or a vehicle towing a travel trailer being used solely for personal purposes.
   5. A two-axle or tandem-axle motor vehicle, a triple-axle motor vehicle, and a truck or truck tractor towing a trailer, semitrailer, or farm trailer if the individual is exempted from a commercial driver’s license under subsection 3 of section 39-06.2-06, except the individual may not operate a double trailer or triple trailer and an individual under eighteen years of age may not operate a truck tractor or a bus designed to carry sixteen or more passengers, including the driver.
9. Any holder of a classified license who drives a motor vehicle otherwise than as permitted by the class of license issued to the holder is deemed to be driving a motor vehicle without being duly licensed. The holder of a classified license who desires to obtain a different class license must exchange or renew the license. The director may adopt rules on renewals or exchanges for the proper administration of this chapter.

Source: S.L. 1955, ch. 251, § 14; 1957, ch. 261, § 1; R.C. 1943, 1957 Supp., § 39-0614; S.L. 1967, ch. 292, § 4; 1967, ch. 306, § 1; 1969, ch. 340, § 2; 1975, ch. 334, § 2; 1975, ch. 335, § 1; 1977, ch. 327, § 6; 1977, ch. 344, § 2; 1977, ch. 345, § 2; 1977, ch. 346, § 1; 1979, ch. 405, § 5; 1979, ch. 409, § 6; 1979, ch. 442, § 6; 1981, ch. 384, § 8; 1983, ch. 414, §§ 2, 3; 1985, ch. 426, § 1; 1985, ch. 427, § 1; 1987, ch. 440, § 4; 1987, ch. 457, § 2; 1989, ch. 303, § 4; 1989, ch. 460, § 5; 1989, ch. 461, § 1; 1995, ch. 372, § 1; 1995, ch. 373, § 1; 1995, ch. 374, § 1; 1997, ch. 332, § 4; 1999, ch. 330, § 5; 1999, ch. 339, § 2; 2001, ch. 339, § 1; 2003, ch. 313, § 1; 2003, ch. 314, § 1; 2007, ch. 237, § 6; 2009, ch. 330, § 2; 2009, ch. 345, § 1; 2011, ch. 274, § 1; 2011, ch. 271, § 8; 2011, ch. 275, § 1; 2013, ch. 291, § 22; 2017, ch. 152, § 12, effective July 1, 2017.

Collateral References.

State’s liability to one injured by improperly licensed driver, 41 A.L.R.4th 111.

39-06-14.1. Motorcycle operator’s licenses and motorized bicycles.

1. A resident of this state who is at least fourteen years of age may apply to the director for a class M learner’s permit. An individual holding a class M learner’s permit for the operation of a motorcycle may not operate the motorcycle during the hours when the use of headlights are required under section 39-21-01 or carry or transport any passenger. Any learner’s permit may be renewed or a new permit issued for an additional period.
2. An individual with a class M license may operate any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding motorized bicycles and tractors.
   1. The holder of a class A, B, C, or D license may receive a class M endorsement upon successful completion of an examination. The director may waive the skill portion of the examination if the applicant has successfully completed a motorcycle safety course approved by the director.
   2. An applicant sixteen years of age and older, who does not hold a current valid operator’s license, may be issued a class M learner’s permit after successful completion of a written examination. The class M license must be issued after the applicant has successfully completed a driver’s examination. The director may waive the skill portion of the examination if the applicant has successfully completed a motorcycle safety course approved by the director.
   3. Applicants fourteen or fifteen years of age may be issued a motorcycle learner’s permit if the applicant is enrolled in or has completed an approved motorcycle safety course. Applicants for a motorcycle operator’s license who are under sixteen years of age must hold an initial learner’s permit for at least two months before applying for a class M operator’s license, must have completed an approved motorcycle safety course, and must hold a valid motorcycle learner’s permit at the time of application. The director may waive the skill portion of the examination if the applicant has successfully completed a motorcycle safety course approved by the director. Any person under sixteen years of age who holds a permit or license may not operate a motorcycle powered with an engine in excess of five hundred ten cubic centimeters displacement. Evidence that the applicant has satisfactorily completed a motorcycle safety course which meets the minimum requirements of the motorcycle safety foundation must accompany the application.
3. The director may issue a motorized bicycle operator’s permit to an applicant who is at least fourteen years of age. To obtain a permit, the applicant shall pay a fee as listed in section 39-06-49 and take a written examination of the applicant’s knowledge of traffic laws and general rules of the road. If the applicant passes the written examination and the director is satisfied that the applicant has adequate eyesight, the director may issue the applicant a motorized bicycle operator’s permit, even if the applicant does not have an operator’s license. The permit expires in the same manner as an operator’s license. A person who has an operator’s license, a temporary permit, an instruction permit, or a motorcycle permit is not required to obtain a motorized bicycle operator’s permit.

Source: S.L. 2013, ch. 291, § 23; 2019, ch. 316, § 1, effective August 1, 2019.

39-06-14.2. Driver license central identity management.

1. The director shall provide central identity management for all state agencies for citizens who possess a nondriver photo identification card or driver’s license utilizing driver record data.
2. The director will provide access for identity verification. The director may not allow entities to transfer or collect identification data from the driver’s license database, but shall create processes and procedures that enable verification of data without direct release of the data, except as authorized in chapter 39-33.
3. The director shall develop procedures to comply with this section.

Source: S.L. 2017, ch. 256, § 5, effective August 1, 2017.

39-06-14.3. Electronic operator’s license.

1. The department shall implement a computerized licensing system that allows a licensed motor vehicle operator to provide electronic proof of valid licensing on an electronic communications device.
2. The electronic proof of valid licensing may be used:
   1. When being stopped by a law enforcement officer for the purpose of enforcing or investigating the possible violation of an ordinance or state law; or
   2. For identification purposes.
3. The electronic operator’s license must be designed so that there is no need for the credential holder to relinquish possession of the device in which the electronic credential system is installed in order to present the credential, or for the individual to whom the credential is presented to access the verification system to confirm the validity of the credential.
4. The computerized licensing system may not transmit or transfer any information contained on an electronic operator’s license without authorization from the licensed motor vehicle operator.
5. In case of a discrepancy between a physical and electronic credential, the electronic credential takes priority and is considered to provide the current information.
6. The electronic credential and verification systems must be designed to protect the credential holder’s privacy, including the use of privacy enhancing technology or other appropriate methods. If the department enters an agreement with a third-party electronic credential system provider, the agreement must require the third-party electronic credential system provider to take appropriate measures to protect the credential holder’s privacy.
7. In addition to the fees required by section 39-06-49 for an operator’s license, a substitute operator’s license, and an operator’s license renewal:
   1. An initial fee of five dollars is required from a licensed motor vehicle operator seeking to possess an electronic operator’s license; and
   2. The fee for an electronic operator’s license renewal is five dollars.
8. The director may adopt rules necessary for the effective implementation of an electronic operator’s licensing system.

Source: S.L. 2021, ch. 288, § 1, effective July 1, 2021.

39-06-15. Commissioner may appoint agents to issue licenses — Fees. [Repealed]

Repealed by S.L. 1967, ch. 292, § 21.

39-06-16. License to be carried and exhibited on demand.

An individual licensed to operate a motor vehicle shall have a physical or electronic operator’s license in the individual’s immediate possession at all times when operating a motor vehicle and shall physically surrender or electronically provide an operator’s license, upon demand of any court, police officer, or a field deputy or inspector of the department. However, an individual charged with violating this section may not be convicted or assessed any court costs if the individual produces within fourteen days to the office of the prosecutor where the matter is pending, a valid operator’s license issued to that individual that is not under suspension, revocation, or cancellation at the time of the individual’s arrest.

Source: S.L. 1955, ch. 251, § 15; R.C. 1943, 1957 Supp., § 39-0616; S.L. 1961, ch. 258, § 1; 1969, ch. 340, § 3; 1981, ch. 320, § 93; 1991, ch. 326, § 150; 2003, ch. 315, § 1; 2013, ch. 291, § 24; 2021, ch. 283, § 4, effective August 1, 2021; 2021, ch. 288, § 2, effective July 1, 2021.

Note.

Section 39-06-16 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 288, Session Laws 2021, House Bill 1072; and Section 4 of Chapter 283, Session Laws 2021, House Bill 1502.

39-06-17. Restricted licenses — Penalty for violation.

1. Upon issuing an operator’s license or a temporary restricted operator’s license under section 39-06.1-11, the director may impose restrictions suitable to a licensee’s driving ability with respect to the type of motor vehicle, special mechanical control devices required on a motor vehicle that the licensee may operate, or any other restrictions applicable to the licensee as the director may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The director may either issue a special restricted class D license or may state the restrictions upon the usual license form. In the same manner, the director shall restrict licenses under section 39-16.1-09.
2. The director may issue a restricted class D license to operate the parent’s, guardian’s, grandparent’s, sibling’s, aunt’s, or uncle’s automobile to a minor, who is at least fifteen years of age, and otherwise qualified, upon the written recommendation of the parent or guardian. A minor may operate a motor vehicle that is not the parent’s or guardian’s to take the actual ability test. The parent, guardian, grandparent, sibling, aunt, or uncle at all times is responsible for any and all damages growing out of the negligent operation of a motor vehicle by a minor. A restricted class D license may not be issued to a minor unless the minor, accompanied by the parent or guardian, appears in person and satisfies the director that:
   1. The minor is at least fifteen years of age;
   2. The minor is qualified to operate an automobile safely;
   3. It is necessary for the child to drive the parent’s, guardian’s, grandparent’s, sibling’s, aunt’s, or uncle’s automobile without being accompanied by an adult;
   4. The minor has successfully completed an approved driver’s education course that includes a course of classroom instruction and a course of behind-the-wheel instruction acceptable to the director or has successfully completed a course at an approved commercial driver training school; and
   5. The minor has accumulated a minimum of fifty hours of supervised, behind-the-wheel driving experience in various driving conditions and situations that include night driving; driving on gravel, dirt, or aggregate surface road; driving in both rural and urban conditions; and winter driving conditions.
3. The provisions of subsection 2 do not authorize a minor to drive a commercial truck, motorbus, or taxicab except the holder of a restricted class D license may drive a farm motor vehicle having a gross weight of fifty thousand pounds [22679.62 kilograms] while used to transport agricultural products, farm machinery, or farm supplies to or from a farm when so operated within one hundred fifty miles [241.40 kilometers] of the driver’s farm.
4. A minor with a restricted class D license issued under subsection 2 may operate the type or class of motor vehicle specified on the restricted license under the following conditions:
   1. A restricted licenseholder must be in possession of the license while operating the motor vehicle.
   2. An individual holding a restricted class D license driving a motor vehicle may not carry more passengers than the vehicle manufacturer’s suggested passenger capacity.
   3. An individual holding a restricted class D license driving a motor vehicle may not operate an electronic communication device to talk, compose, read, or send an electronic message while operating a motor vehicle that is in motion unless the sole purpose of operating the device is to obtain emergency assistance, to prevent a crime about to be committed, or in the reasonable belief that an individual’s life or safety is in danger.
   4. An individual holding a restricted class D license may not operate a motor vehicle between the later of sunset or nine p.m. and five a.m. unless a parent, legal guardian, or an individual eighteen years of age or older is in the front seat of the motor vehicle or the motor vehicle is being driven directly to or from work, an official school activity, or a religious activity.
5. Upon receiving satisfactory evidence of any violation of the restrictions of a license, the director may suspend or revoke the license but the licensee is entitled to a hearing as upon a suspension or revocation under this chapter.
6. It is a class B misdemeanor for an individual to operate a motor vehicle in any manner in violation of the restrictions imposed under this section except for the restrictions in subsection 4.
7. If a temporary restricted license is issued under section 39-06.1-11 and the underlying suspension was imposed for a violation of section 39-08-01 or equivalent ordinance, or is governed by chapter 39-20, punishment is as provided in subsection 2 of section 39-06-42. Upon receiving notice of the conviction the director shall revoke, without opportunity for hearing, the licensee’s temporary restricted license and shall extend the underlying suspension for a like period of not more than one year.
8. If the conviction referred to in this section is reversed by an appellate court, the director shall restore the individual to the status held by the individual before the conviction, including restoration of driving privileges if appropriate.

Source: S.L. 1955, ch. 251, § 16; R.C. 1943, 1957 Supp., § 39-0617; S.L. 1969, ch. 340, § 4; 1973, ch. 297, § 1; 1973, ch. 298, § 1; 1973, ch. 301, § 19; 1975, ch. 106, § 429; 1975, ch. 339, § 4; 1983, ch. 415, § 5; 1987, ch. 458, § 7; 1989, ch. 461, § 2; 1991, ch. 411, § 1; 1999, ch. 341, § 2; 2007, ch. 324, § 1; 2011, ch. 276, § 1; 2011, ch. 272, § 4; 2013, ch. 291, § 25; 2013, ch. 292, § 1.

39-06-18. Substitute operator’s license.

If an operator’s license or nondriver photo identification card issued under this chapter is lost, mutilated, or destroyed, or contains erroneous information due to a change in name, address, or for any other reason, the individual to whom the operator’s license or identification card was issued may obtain a substitute, by providing documentation that confirms to the satisfaction of the director the true identity, date of birth, and legal presence of the applicant and provide a social security card or other satisfactory evidence of a social security number and proof of residence address, if not previously completed or if there are changes to the information already on file, and upon payment of a fee listed in section 39-06-49.

Source: S.L. 1955, ch. 251, § 17; R.C. 1943, 1957 Supp., § 39-0618; S.L. 1963, ch. 277, § 4; 1981, ch. 384, § 4; 1987, ch. 440, § 5; 1997, ch. 332, § 5; 2013, ch. 291, § 26; 2017, ch. 256, § 6, effective August 1, 2017.

39-06-19. Expiration of license — Renewal.

1. Every operator's license issued under this chapter or chapter 39-06.2 expires and is renewed according to this section.
2. The expiration date of a noncommercial operator's license for an individual whose birth occurred in a year ending in an odd numeral is twelve midnight on the anniversary of the birthday in the third subsequent year ending in an odd numeral, except for an individual who, at the time of renewal, is seventy-eight years of age or older is twelve midnight on the anniversary of the birthday in the second subsequent year ending in an odd numeral. The expiration date of a noncommercial operator's license for an individual whose birth occurred in a year ending in an even numeral is twelve midnight on the anniversary of the birthday in the third subsequent year ending in an even numeral, except for an individual who, at the time of renewal, is seventy-eight years of age or older is twelve midnight on the anniversary of the birthday in the second subsequent year ending in an even numeral.
3. The expiration date of a commercial operator's license for an individual whose birth occurred in a year ending in an odd numeral is twelve midnight on the anniversary of the birthday in the second subsequent year ending in an odd numeral. The expiration date of a commercial operator's license for an individual whose birth occurred in a year ending in an even numeral is twelve midnight on the anniversary of the birthday in the second subsequent year ending in an even numeral.
4. An individual who has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States, a pending application for asylum in the United States, a pending or approved application for temporary protected status in the United States, approved deferred action status, or a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence or conditional permanent residence status in the United States will be issued a temporary operator's license or nondriver photo identification card. The temporary operator's license or identification card is valid only during the period of time of the applicant's authorized stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year. The license or card may be renewed only upon presentation of valid documentary evidence that the status has been extended.
5. An applicant for renewal must present the application with the fee for renewal of license to the director not before ten months prior to the expiration date of the operator's license. The director may require an examination of an applicant as upon an original application. The director may require an applicant for renewal or a substitute to provide documentation that confirms to the satisfaction of the director the true identity, date of birth, and legal presence of the applicant and provide a social security card or other satisfactory evidence of a social security number and proof of residence address, if not previously completed or if there are changes to the information already on file. The director may not issue a distinguishing number that is, contains, can be converted to, or is an encrypted version of the applicant's social security number.
6. The director may not renew an operator's license if the license has been suspended under section 14-08.1-07. Upon the recommendation of the court, the director may issue a temporary permit to the licensee under section 39-06.1-11 if the temporary permit is necessary for the licensee to work and the court has determined the licensee is making a good-faith effort to comply with the child support order
7. An applicant for renewal of an operator's license must provide a certificate of examination from the driver licensing or examining authorities or a statement as to the corrected and uncorrected vision of the applicant from a licensed physician or an optometrist, except as required under subsection 9. The director shall provide visual examination equipment at each location where a license may be renewed.
8. An individual submitting an application and the fee for renewal of license one year or more after the expiration of a license, except an applicant whose military service has terminated less than thirty days prior to the application, must be treated as an initial applicant.
9. A noncommercial applicant may apply by mail or electronically for renewal of a license during every other renewal cycle, except as otherwise provided by subsection 10. The director may use vision information provided by the applicant to meet vision requirements for applicants under seventy years of age and adopt procedures necessary to implement this subsection.
10. A noncommercial applicant for an operator's license may not renew by mail or electronically if the applicant is seeking a new photo or changes to the information on the face of the physical operator's license.

Source: S.L. 1955, ch. 251, § 18; R.C. 1943, 1957 Supp., § 39-0619; S.L. 1963, ch. 278, § 3; 1967, ch. 292, § 5; 1969, ch. 341, § 1; 1975, ch. 334, § 1; 1981, ch. 384, § 5; 1983, ch. 82, § 73; 1983, ch. 429, § 3; 1985, ch. 428, § 1; 1987, ch. 440, § 6; 1987, ch. 457, § 3; 1995, ch. 154, § 2; 1999, ch. 339, § 3; 2001, ch. 37, § 5; 2007, ch. 323, § 2; 2009, ch. 328, § 2; 2009, ch. 329, § 4; 2011, ch. 274, § 2; 2013, ch. 291, § 27; 2017, ch. 256, § 7, effective August 1, 2017; 2017, ch. 264, § 1, effective August 1, 2017; 2021, ch. 287, § 2, effective July 1, 2021; 2021, ch. 289, § 1, effective August 1, 2021.

Note.

Section 39-06-19 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 289, Session Laws 2021, House Bill 1102; and Section 2 of Chapter 287, Session Laws 2021, House Bill 1168.

Section 39-06-19 was amended 2 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 264, Session Laws 2017, House Bill 1299; and Section 7 of Chapter 256, Session Laws 2017, House Bill 1128.

Decisions under Prior Law

Incomplete Application for Renewal of License.

N.D.C.C. § 39-06-19(3) did not relieve an applicant of the duty of providing a social security number on his application; therefore, the driver did not present the North Dakota Department of Transportation with a complete application for renewal of his driver’s license containing his social security number, and did not demonstrate a clear legal right to performance of the act sought to be compelled by his petition for a writ of mandamus. Kouba v. Hoeven, 2004 ND 185, 687 N.W.2d 491, 2004 N.D. LEXIS 312 (N.D. 2004).

39-06-19.1. Extended term of license held by members of the armed forces — Limitations.

A valid operator’s license issued under this chapter to a resident of this state who enters or is in the United States armed forces and serving on active duty continues in full force and effect so long as the active service continues and the licensee remains absent from this state, and for not to exceed thirty days following the date on which the holder of this license is honorably separated from this service or returns to this state, unless the license is sooner suspended, canceled, or revoked for cause. The license is valid only if in the immediate possession of the licensee while driving and the licensee has the licensee’s discharge or separation papers, if the licensee has been discharged or separated from the service, or has documentation authorizing the licensee to be absent from the licensee’s duty station in the licensee’s immediate possession.

Source: S.L. 1973, ch. 299, § 1; 1975, ch. 339, § 5; 2013, ch. 291, § 28.

Cross-References.

Exemption of license requirements for members of armed forces stationed in state, see § 39-06-02.

39-06-19.2. Renewal of license held by out-of-state individual.

The director may renew an operator’s license issued to an individual who is a resident of this state or to a spouse who is a resident of this state, if the individual or spouse is out of state as a result of the employment of the individual or the other spouse with a governmental entity or a business organization, including the United States armed forces or foreign service. The director shall develop procedures and requirements for a renewal under this section.

Source: S.L. 2013, ch. 293, § 1.

39-06-20. Notice of change of address or name.

If an individual after applying for or receiving an operator’s license or identification card moves from the address named on the license or identification card, or if the name is changed by marriage or otherwise, that individual within ten days after moving or the name change shall notify the director in writing or in person of that individual’s old and new addresses or of the individual’s former and new names and of the number of any operator’s license or identification card then held by that person. An individual may obtain a corrected operator’s license or identification card for address only changes, but must obtain a new operator’s license or identification card for a name change, by making an application as provided for in section 39-06-18. The department may change the address based on information received from any authorized address correction service of the United States postal service. The department may also develop procedures for receiving notification of address changes by electronic means.

Source: S.L. 1955, ch. 251, § 19; R.C. 1943, 1957 Supp., § 39-0620; S.L. 1963, ch. 277, § 5; 1979, ch. 416, § 1; 1993, ch. 375, § 4; 1997, ch. 332, § 6; 2001, ch. 340, § 2; 2013, ch. 291, § 29; 2017, ch. 256, § 8, effective August 1, 2017.

39-06-21. Filing application records.

The director shall file and maintain each application for a license with suitable indexes containing:

1. All applications denied and on each denied application note the reason for the denial;
2. All applications granted; and
3. The name of every licensee whose operator’s license has been suspended, revoked, canceled, or restricted by the department and after each name state the reasons for such actions.

Source: S.L. 1955, ch. 251, § 20; R.C. 1943, 1957 Supp., § 39-0621; S.L. 1977, ch. 347, § 1; 1979, ch. 416, § 2; 1991, ch. 394, § 2; 2013, ch. 291, § 30.

39-06-22. Driving records of licensees.

The director shall file all accident reports and abstracts of court records of convictions received by the director under the laws of this state and maintain convenient records or make suitable notations in order that each record of each licensee showing the convictions of the licensee and the traffic accidents in which the licensee has been involved is readily ascertainable and available for the consideration of the director.

Source: S.L. 1955, ch. 251, § 21; R.C. 1943, 1957 Supp., § 39-0622; S.L. 1977, ch. 347, § 2; 1991, ch. 394, § 3; 2013, ch. 291, § 31.

39-06-23. Definition of suspension, revocation, and cancellation. [Repealed]

Repealed by S.L. 2013, ch. 291, § 62.

Note.

See now N.D.C.C. § 39-01-01.

39-06-24. Authority to cancel licenses.

1. The director shall cancel any operator’s license or nondriver photo identification card upon determining that the individual is not entitled to the issuance of the document or that the individual failed to give the required or correct information on the application or the fee was invalid. Invalid fees include being in the form of an insufficient fund or no-account check or a credit or debit card in which the transaction was canceled by the applicant before the department received correct payment. The making of a false statement in any application for an operator’s license or nondriver photo identification card, concerning the applicant’s age or the prior loss of driving privileges through a cancellation, suspension, revocation, or similar sanction in any state, is grounds for the director to cancel any document or privilege issued on the basis of the application.
2. Upon cancellation, the holder shall surrender the nondriver photo identification card to the director or any police officer may take custody of the card.

Source: S.L. 1955, ch. 251, § 23; R.C. 1943, 1957 Supp., § 39-0624; S.L. 1967, ch. 292, § 7; 1973, ch. 300, § 1; 1987, ch. 458, § 8; 2005, ch. 329, § 2; 2011, ch. 271, § 9; 2013, ch. 291, § 32.

39-06-25. Suspending privileges of nonresidents.

The privilege of driving a motor vehicle on the highways of this state given to a nonresident is subject to suspension or revocation by the director in like manner and for like cause as an operator’s license issued in this title may be suspended or revoked.

Source: S.L. 1955, ch. 251, § 24; R.C. 1943, 1957 Supp., § 39-0625; 2013, ch. 291, § 33.

39-06-26. Reporting convictions, suspensions, or revocations of nonresidents.

1. Upon receiving a record of the conviction or adjudication in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, or an equivalent ordinance, the director may notify the licensing authority in the state in which the nonresident resides or is licensed.
2. If a nonresident’s operating privilege is suspended or revoked under the law of this state, the director shall notify the licensing authority in the state in which the nonresident resides or is licensed.

Source: S.L. 1955, ch. 251, § 25; R.C. 1943, 1957 Supp., § 39-0626; S.L. 1963, ch. 277, § 6; 1979, ch. 416, § 3; 2013, ch. 291, § 34.

39-06-27. Suspending licenses upon conviction, suspension, or revocation in another jurisdiction.

1. The director may suspend or revoke the operator’s license of any resident of this state or the privilege of a nonresident to operate a motor vehicle in this state upon receiving notice of the conviction of that individual in a tribal court or in another state of an offense, which if committed in this state would be grounds for the suspension or revocation of an operator’s license of an operator. The director may act on a report of a conviction in tribal court received from any tribal law enforcement agency. This section may not be construed as authorizing the assessment of points against a resident’s driving record in accordance with chapter 39-06.1, except upon conviction of a resident driver for a criminal offense in a tribal court or in another state which is equivalent to one of those offenses defined in section 39-06.1-05. A suspension or revocation may not be imposed for convictions for driving under suspension or revocation on an Indian reservation or in another state if a valid operator’s license from this state was in effect at the time of the violation. For purposes of this section, originals, photostatic copies, and electronic transmissions of the records of the driver’s licensing or other authority of the other jurisdiction are sufficient evidence even if not certified copies.
2. Upon receipt of a certification that the operating privileges of a resident of this state have been suspended or revoked on an Indian reservation or in any other state under a law providing for the suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle accident if under circumstances that would require the director to suspend a nonresident’s operating privileges had the accident occurred in this state, the director shall suspend the license of the resident if the resident was the driver of a motor vehicle involved in the accident. The suspension continues until the resident furnishes evidence satisfactory to the director of the resident’s compliance with the laws of the Indian reservation or the other state relating to the deposit of security or payment of a judgment arising out of a motor vehicle accident, to the extent that compliance would be required if the accident had occurred in this state.

Source: S.L. 1955, ch. 251, § 26; R.C. 1943, 1957 Supp., § 39-0627; S.L. 1963, ch. 277, § 7; 1975, ch. 339, § 6; 1977, ch. 348, § 1; 1981, ch. 385, § 1; 1995, ch. 372, § 2; 1999, ch. 340, § 4; 2013, ch. 291, § 35.

39-06-28. Courts to forward license to director upon certain convictions.

If an individual is convicted of any offense for which this chapter requires the revocation of the operator’s license of that individual by the director, the court of the conviction shall require the surrender to the court of any operator’s license then held by the convicted individual. The court shall then forward the operator’s license and a record of the conviction to the director.

Source: S.L. 1955, ch. 251, § 27; 1957, ch. 261, § 2; R.C. 1943, 1957 Supp., § 39-0628; 2013, ch. 291, § 36.

Cross-References.

Negligent homicide, see § 12.1-16-03.

39-06-29. Courts to report records of certain convictions. [Repealed]

Repealed by S.L. 1981, ch. 386, § 3.

39-06-29.1. Authority to suspend licenses of juveniles. [Repealed]

Repealed by S.L. 1983, ch. 415, § 39.

39-06-30. Conviction — Meaning and effect. [Repealed]

Repealed by S.L. 2013, ch. 291, § 62.

Note.

See now N.D.C.C. 39-01-01.

39-06-31. Revocation of licenses.

1. A period of revocation is at least thirty days and not more than one year, unless otherwise provided by law.
2. The director shall revoke for a period of one year or for a period as may be recommended by the trial court, the operator’s license of an individual upon receiving a record of the individual’s conviction of any of the following offenses:
   1. A felony in which a motor vehicle was used in the commission of the felony.
   2. A misdemeanor resulting from the operation of a motor vehicle and causing serious bodily injury, as defined in section 12.1-01-04, to another individual.
   3. The making of a false affidavit or statement under oath to the director under this chapter or under any other law relating to the ownership or operation of motor vehicles.
3. The revocation of the license under this section may be beyond any time of imprisonment or court-ordered addiction treatment.

Source: S.L. 1955, ch. 251, § 30; R.C. 1943, 1957 Supp., § 39-0631; S.L. 1967, ch. 292, § 10; 1973, ch. 301, § 20; 1979, ch. 405, § 6; 1983, ch. 415, § 7; 1987, ch. 460, § 1; 1993, ch. 382, § 1; 2013, ch. 291, § 37.

Cross-References.

Negligent homicide, see § 12.1-16-03.

Temporary restricted license prohibited during period of revocation under this section, see § 39-06.1-11.

39-06-32. Authority to suspend licenses.

1. The director may suspend the operator’s license of an individual, after hearing, upon proof by a fair preponderance of the evidence, that any of the following apply to the licensee:
   1. Commission of an offense for which mandatory revocation of license is required upon conviction.
   2. Incompetence to drive a motor vehicle.
   3. Unlawful or fraudulent use of an operator’s license.
   4. Refusal to submit to an implied consent chemical test on an Indian reservation or in another state. For purposes of this subsection, the specific requirements for establishing a refusal used on the Indian reservation or in the other state may not be considered, and photostatic copies of the records of the other jurisdiction’s driver’s licensing authority are sufficient evidence of the refusal whether those copies are certified. The suspension must be for the same length of time as the revocation in section 39-20-04. If the refusal arose out of an arrest or stop of an individual while operating a commercial motor vehicle, the period of suspension must be the same as the period of revocation provided in section 39-06.2-10.
2. Failure, as shown by the certificate of the court, to pay a fine or serve any other sentence as ordered by a court upon conviction for any criminal traffic offense.
3. Failure, as shown by the certificate of the court, to appear in court or post and forfeit bond after signing a promise to appear, if signing is required by law, in violation of section 39-06.1-04, willful violation of a written promise to appear in court, in violation of section 39-07-08, or violation of equivalent ordinances or laws in another jurisdiction. Upon resolution by the operator of the underlying cause for a suspension under this subsection, as shown by the certificate of the court, the director shall record the suspension separately on the driving record. This separate record is not available to the public.
4. An administrative decision on an Indian reservation or in another state that the licensee’s privilege to drive on that Indian reservation or in that state is suspended or revoked because of a violation of that Indian reservation’s or state’s law forbidding motor vehicle operation with an alcohol concentration of at least eight one-hundredths of one percent by weight or, with respect to a person under twenty-one years of age, an alcohol concentration of at least two one-hundredths of one percent by weight, or because of a violation of that Indian reservation’s or state’s law forbidding the driving or being in actual physical control of a commercial motor vehicle while having an alcohol concentration of at least four one-hundredths of one percent by weight. The specific requirements for establishing the violation on the Indian reservation or in the other state may not be considered and certified copies of the records of the Indian reservation’s or other state’s driver’s licensing authority are sufficient evidence of the violation. The suspension must be for the same duration as the suspension in section 39-20-04.1, if the violation does not involve a commercial motor vehicle. If the violation involves a commercial motor vehicle, the period of suspension must be the same as the period of suspension provided in section 39-06.2-10. For purposes of this section, originals, photostatic copies, or electronic transmissions of the records of the driver’s licensing or other authority of the other jurisdiction are sufficient evidence whether they are certified copies.
5. Conviction of an offense under this title and it appears from the director’s records that the offense contributed to causing an accident which resulted in death or serious personal injury or serious property damage. A suspension may not be imposed if the individual has been sanctioned for the same offense under section 39-06-31.

Source: S.L. 1955, ch. 251, § 31; R.C. 1943, 1957 Supp., § 39-0632; S.L. 1967, ch. 292, § 11; 1969, ch. 340, § 6; 1973, ch. 301, § 21; 1977, ch. 349, § 1; 1981, ch. 385, § 2; 1985, ch. 429, § 1; 1987, ch. 458, §§ 9, 10; 1989, ch. 461, § 3; 1991, ch. 394, § 4; 1991, ch. 412, § 1; 1993, ch. 383, § 1; 1995, ch. 372, § 3; 1997, ch. 334, § 1; 1999, ch. 340, § 5; 2001, ch. 340, § 3; 2003, ch. 312, § 2; 2003, ch. 316, § 1; 2013, ch. 291, § 38.

Cross-References.

Unlawful use of license, see § 39-06-40.

39-06-32.1. Suspension of child’s driving privileges.

Upon receipt of a copy of an order of a juvenile court ordering the suspension of a child operator’s license, the director shall suspend the operator’s license and make notation of the length of time of the suspension. During the time of the suspension, an application for a class D instruction permit may not be accepted from the child. For purposes of this section, “child” is defined by section 27-20.4-02.

Source: S.L. 1995, ch. 124, § 19; 2013, ch. 291, § 39; 2021, ch. 245, § 33, effective July 1, 2021.

39-06-33. Hearings on suspension or revocation.

1. If an operator’s license is suspended or revoked under section 39-06-32 or 39-06.1-10 or chapter 39-16 or 39-16.1, the director shall give notice of intention to suspend to the licensee by mailing the notice to the licensee at the address of record in the department under section 39-06-20. Actual notice of the opportunity for a hearing under this section must be deemed to have occurred seventy-two hours after the notice is mailed by regular mail. The licensee has ten days after the date of mailing of the notice to request, in writing or by other means authorized by the director, a hearing on the intended suspension or revocation.
2. Any hearing conducted under this section and any appeal from the decision of the hearing must be conducted under chapter 28-32, except the hearing must be heard within sixty days of the receipt of the request for hearing and in the county of the licensee’s residence, unless the parties agree to a different time and place for the hearing. A hearing under this section may be conducted by telephone, television, virtual online interface, or other electronic means with the consent of the licensee. At the hearing, the regularly kept records of the director may be introduced and are prima facie evidence of their content without further foundation.
3. The mailing of the decision and the resulting order by regular mail to the address recorded in the files of the director under section 39-06-20 is sufficient notice. If a suspension is ordered, a re-examination of the licensee may be required.
4. If a suspension is ordered under subdivision b of subsection 1 of section 39-06-32, the notice must include a specific description of the conditions which led to the conclusion that the licensee is incompetent to drive a motor vehicle. If during the suspension those conditions dissipate, the licensee may request another hearing on the issue of competence to drive a motor vehicle. The hearing must be held in the manner required under subsections 2 and 3 for the original suspension.

Source: S.L. 1955, ch. 251, § 32; R.C. 1943, 1957 Supp., § 39-0633; S.L. 1963, ch. 277, § 8; 1967, ch. 292, § 12; 1969, ch. 340, § 7; 1977, ch. 347, § 3; 1981, ch. 385, § 3; 1983, ch. 430, § 1; 1987, ch. 461, § 1; 1991, ch. 394, § 5; 1995, ch. 372, § 4; 2001, ch. 340, § 4; 2013, ch. 291, § 40; 2021, ch. 290, § 1, effective August 1, 2021.

Cross-References.

Verification of liability insurance, see § 39-16.1-20.1.

39-06-33.1. Authority to suspend licenses after traffic death or injury — Show cause order required. [Repealed]

Repealed by S.L. 1987, ch. 460, § 16; S.L. 1987, ch. 461, § 4.

39-06-34. Director may require reexamination.

In addition to any other power, the director, having good cause to believe that an individual with an operator’s license is incompetent or otherwise not qualified for the operator’s license, may upon written notice of at least five days to the individual require the individual to submit to such physical, mental, or driver’s examination as may be deemed necessary by the director. If the director has good cause to believe that the individual presents an immediate danger to the motoring public, the director may immediately, and without prior notice, suspend the operator’s license of the individual pending the examination. The notice of suspension must provide the individual with the opportunity for a hearing within five days of the receipt of the notice of suspension. When a hearing is requested, the hearing must be conducted under section 39-06-33 and the hearing officer’s recommended decision must be rendered within two days of the conclusion of the hearing. Upon the conclusion of the examination, the director shall take action as may be appropriate and may suspend or revoke the license of the individual or permit the individual to retain the license, or may issue a license subject to restrictions as permitted under section 39-06-17. The director may suspend or revoke the operator’s license of the individual for refusal or neglect of the individual to submit to an examination.

Source: S.L. 1955, ch. 251, § 33; R.C. 1943, 1957 Supp., § 39-0634; S.L. 1989, ch. 462, § 1; 2005, ch. 330, § 2; 2013, ch. 291, § 41.

39-06-34.1. Court may require reexamination.

In addition to any other powers, the court, upon finding of a moving motor vehicle violation which leads the court to believe an individual with an operator’s license is not qualified for the operator’s license, may direct the director to require the individual to submit to re-examination under section 39-06-13. Written notice of at least five days must be given to the individual by the director of the re-examination. Upon the conclusion of the examination, the director shall take action as may be appropriate and may suspend or revoke the license of the individual or permit the individual to retain the operator’s license, or may issue a license subject to restrictions as permitted under section 39-06-17. The director may suspend or revoke the operator’s license of the individual for refusal or neglect of the individual to submit to the examination.

Source: S.L. 1975, ch. 336, § 1; 2013, ch. 291, § 42.

39-06-35. Period of suspension.

1. After the period of suspension imposed under this title, the operator’s license of an individual that has been suspended remains suspended and may not be returned or reinstated until the individual pays to the director a reinstatement fee as listed in section 39-06-49. If applicable, the operator’s license may not be returned until compliance with subsection 4 of section 39-06.1-10. Upon payment of the reinstatement fee the license must be returned to the individual. If the individual submits payment of the reinstatement fee with a check, credit card, or debit card and the individual stops payment on the transaction, the director shall reimpose the suspension until the director receives proper payment.
2. A reinstatement fee is not required for a license to be returned to the operator if the return of the license is due to the findings of a hearing, re-examination of hearing, or court or judicial review under chapter 39-06, 39-06.1, or 39-20.

Source: S.L. 1955, ch. 251, § 34; R.C. 1943, 1957 Supp., § 39-0635; S.L. 1975, ch. 341, § 1; 1983, ch. 415, § 9; 1985, ch. 429, § 2; 1993, ch. 375, § 5; 1999, ch. 342, § 1; 2001, ch. 340, § 5; 2011, ch. 271, § 10; 2013, ch. 291, § 43; 2013, ch. 295, § 1.

39-06-36. Restoration of revoked licenses.

An individual whose operator’s license has been revoked is not entitled to have the operator’s license renewed or restored unless the revocation was for a cause which has been removed, except that after the expiration of the revocation period the individual may make application for a new license, but the director may not then issue a new license unless the director is satisfied after investigation of the individual’s driving records, driving habits, and driving ability of the individual that it will be safe to grant an operator’s license to that individual. An individual whose operator’s license has been revoked must pay to the director a revocation reinstatement fee as listed in section 39-06-49, in addition to any license renewal fee, for issuance of a new license. If the individual submits payment of a reinstatement fee with a check, credit card, or debit card and the individual stops payment on the transaction, the director shall reimpose a suspension until the director receives proper payment. A reinstatement fee is not required if a revoked license is reinstated due to the findings of a hearing, re-examination of hearing, or court or judicial review as provided under chapter 39-06, 39-06.1, or 39-20.

Source: S.L. 1955, ch. 251, § 35; R.C. 1943, 1957 Supp., § 39-0636; S.L. 1977, ch. 347, § 4; 1983, ch. 415, § 10; 1985, ch. 429, § 3; 1993, ch. 375, § 6; 1999, ch. 342, § 2; 2011, ch. 271, § 11; 2013, ch. 291, § 44.

Collateral References.

Validity, construction, application, and effect of statute requiring conditions, in addition to expiration of time, for reinstatement of suspended or revoked driver’s license, 2 A.L.R.5th 725.

39-06-37. Duration of multiple suspensions and revocations for separate violations.

1. A suspension, revocation, or cancellation ordered under this title must be deemed to have commenced when the order is delivered to the licensee at the address of record in the department under section 39-06-20. Constructive delivery under this section must be considered as occurring forty-eight hours after the order is mailed to the person by regular mail.
2. Unless otherwise specifically provided in this title, any suspension, revocation, cancellation, or denial of licensing ordered under this title must be in addition to, and run consecutive to, any other or existing suspension, revocation, cancellation, or denial of licensing ordered for a separate violation.

Source: S.L. 1955, ch. 251, § 36; R.C. 1943, 1957 Supp., § 39-0637; S.L. 1967, ch. 292, § 14; 1975, ch. 341, § 2; 1981, ch. 385, § 4; 1987, ch. 458, § 11; 1987, ch. 462, § 1; 2005, ch. 329, § 3; 2013, ch. 291, § 45; 2017, ch. 265, § 1, effective August 1, 2017.

39-06-38. No operation under foreign license during suspension or revocation in this state.

Any resident or nonresident whose operator’s license in this state has been suspended or revoked under this title may not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during the suspension or after the revocation until a new operator’s license is obtained when and as permitted under this title.

Source: S.L. 1955, ch. 251, § 37; R.C. 1943, 1957 Supp., § 39-0638; S.L. 1967, ch. 292, § 15; 1987, ch. 458, § 12; 2013, ch. 291, § 46.

39-06-39. Review by court. [Repealed]

Repealed by S.L. 1987, ch. 461, § 4.

39-06-40. Unlawful use of license — Penalty.

1. It is a class B misdemeanor for an individual:
   1. To display or cause or permit to be displayed or have in possession any canceled, revoked, fictitious, or fraudulently altered operator’s license or nondriver photo identification card;
   2. To lend that individual’s operator’s license or nondriver photo identification card to any other individual or knowingly permit the use of that individual’s operator’s license or nondriver photo identification card by another individual;
   3. To display or represent as an individual’s own any operator’s license or nondriver photo identification card not issued to that individual;
   4. To fail or refuse to surrender to the director upon demand any operator’s license or nondriver photo identification card that has been suspended, revoked, or canceled;
   5. To permit any unlawful use of an operator’s license or nondriver photo identification card issued to that individual; or
   6. To use a false or fictitious name in any application for an operator’s license or nondriver photo identification card or to knowingly make a false statement or to conceal a material fact or otherwise commit a fraud in the application.
2. Within five days of receiving a record of conviction or other satisfactory evidence of the violation of this section, the director shall revoke the individual’s operator’s license or nondriver photo identification card. The director may set the period of revocation, not to exceed six months.

Source: S.L. 1955, ch. 251, § 39; R.C. 1943, 1957 Supp., § 39-0640; S.L. 1967, ch. 292, § 17; 1975, ch. 106, § 430; 1987, ch. 458, §§ 13, 14; 2007, ch. 325, § 1; 2011, ch. 271, § 12; 2013, ch. 291, § 47.

Cross-References.

Suspension of licenses, see § 39-06-32.

39-06-40.1. Reproducing operator’s license — Penalty.

1. It is unlawful for an individual to print, photograph, photostat, duplicate, alter, or in any way reproduce any operator’s license, nondriver photo identification card, or facsimile of an operator’s license or card, or to print, photograph, photostat, duplicate, alter, or in any way reproduce any document used in the production of any operator’s license or card or facsimile of an operator’s license or card, in a manner that it would be mistaken for a valid license or document containing valid information, or to display or have in possession any print, photograph, photostat, duplicate, reproduction, or facsimile unless authorized by law.
2. It is unlawful for an individual to alter in any manner any operator’s license or nondriver photo identification card or to display or have in possession an altered operator’s license or nondriver photo identification card.
3. An individual violating this section is guilty of a class B misdemeanor.
4. Within five days of receiving a record of conviction or other satisfactory evidence of the violation of this section, the director shall revoke the operator’s license or cancel the nondriver photo identification card of the individual. The director may set the period of revocation, not to exceed six months.

Source: S.L. 1969, ch. 340, § 9; 1971, ch. 370, § 1; 1975, ch. 106, § 431; 1979, ch. 405, § 7; 1981, ch. 384, § 6; 1987, ch. 458, § 15; 2013, ch. 291, § 48.

39-06-41. Making false affidavit perjury. [Repealed]

Repealed by omission from this code.

39-06-42. Penalty for driving while license suspended or revoked — Impoundment of vehicle number plates — Authority of cities.

1. Except as provided in section 39-06.1-11, an individual who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state while an individual’s operator’s license is suspended or revoked in any jurisdiction is guilty of a class B misdemeanor for the first, second, or third offense within a five-year period. Any subsequent offense within the same five-year period is a class A misdemeanor.
2. If the suspension or revocation was imposed for violation of section 39-08-01 or equivalent ordinance or was governed by section 39-06-31 or chapter 39-20, the sentence must be at least four consecutive days’ imprisonment and a fine as the court deems proper. The execution of sentence may not be suspended or the imposition of sentence deferred under subsection 3 or 4 of section 12.1-32-02. Forfeiture of bail is not permitted in lieu of the defendant’s personal appearance in open court for arraignment on a charge under this subsection.
3. A court may dismiss a charge under this section upon motion by the defendant if the defendant’s operator’s license is reinstated within sixty days of the date of the offense and the defendant provides to the court satisfactory evidence of the reinstatement.
4. In addition to any other punishment imposed, the court may order the number plates of the motor vehicle owned and operated by the offender at the time of the offense to be destroyed by the sheriff. If a period of suspension has been extended under subsection 6 of section 39-06-17, the court may order the number plates to be destroyed under this subsection. The offender shall deliver the number plates to the court without delay at a time certain as ordered by the court following the conviction. The court shall deliver the number plates to the sheriff and notify the department of the order. An offender who does not provide the number plates to the court at the appropriate time is subject to revocation of probation.
5. A city may authorize, by ordinance, its municipal judge to order destruction of motor vehicle number plates by the office of the police officer that made the arrest in the manner provided in subsection 4.

Source: S.L. 1955, ch. 251, § 41; R.C. 1943, 1957 Supp., § 39-0642; S.L. 1975, ch. 106, § 432; 1975, ch. 344, § 1; 1977, ch. 350, § 1; 1983, ch. 415, § 11; 1985, ch. 429, § 4; 1989, ch. 158, § 12; 1991, ch. 413, § 1; 1997, ch. 335, § 1; 2005, ch. 330, § 3; 2013, ch. 291, § 49; 2013, ch. 292, § 2; 2013, ch. 294, § 1.

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:
   1. 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;
   2. 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
   3. 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.

Source: S.L. 1955, ch. 251, § 42; R.C. 1943, 1957 Supp., § 39-0643; S.L. 1969, ch. 340, § 8; 1981, ch. 387, § 1; 1983, ch. 415, § 12; 1991, ch. 414, § 1; 1991, ch. 415, § 1; 1995, ch. 54, § 27; 2013, ch. 291, § 50.

39-06-44. Permitting unauthorized minor to drive.

An individual may not cause or knowingly permit the individual’s minor child or ward to operate a motor vehicle upon any highway if the minor is not authorized under this chapter or in violation of this chapter.

Source: S.L. 1955, ch. 251, § 43; R.C. 1943, 1957 Supp., § 39-0644; 2013, ch. 291, § 51.

39-06-45. Permitting unauthorized individual to drive.

An individual may not authorize or knowingly permit a motor vehicle owned by the individual or under the individual’s control to be operated upon any highway by any individual who is not authorized under this chapter or in violation of this chapter.

Source: S.L. 1955, ch. 251, § 44; R.C. 1943, 1957 Supp., § 39-0645; 2013, ch. 291, § 52.

39-06-46. Renting motor vehicles — License of renter.

A person may not rent a motor vehicle to an individual unless the individual has an operator’s license or, in the case of a nonresident, the individual has an operator’s license under the laws of the state or country of the nonresident’s residence except a nonresident whose home state or country does not require that an operator be licensed, or unless the renter certifies that the vehicle will be driven by an individual with an operator’s license.

Source: S.L. 1955, ch. 251, § 45; R.C. 1943, 1957 Supp., § 39-0646; 2013, ch. 291, § 53.

Collateral References.

State regulation of motor vehicle rental (“you-drive”) business, 60 A.L.R.4th 784.

39-06-47. Renting motor vehicle — License inspection.

A person may not rent a motor vehicle to another individual until the lessor has inspected the operator’s license of the individual to whom the vehicle is to be rented, or of the individual by whom the vehicle shall be driven, and compared and verified the signature on the operator’s license with the signature of the individual written in the lessor’s presence.

Source: S.L. 1955, ch. 251, § 46; R.C. 1943, 1957 Supp., § 39-0647; 2013, ch. 291, § 54.

Collateral References.

State regulation of motor vehicle rental (“you-drive”) business, 60 A.L.R.4th 784.

39-06-48. Renting motor vehicle — Records.

A person renting a motor vehicle to another person shall keep a record of the registration number of the motor vehicle so rented, the name and address of the lessee to whom the vehicle is rented, the number of the license of the lessee or the lessee’s certified driver, and the date and place when and where said license was issued. This record must be open to inspection by any police officer or the director.

Source: S.L. 1955, ch. 251, § 47; R.C. 1943, 1957 Supp., § 39-0648; 2013, ch. 291, § 55.

Collateral References.

State regulation of motor vehicle rental (“you-drive”) business, 60 A.L.R.4th 784.

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

1. All money received under this chapter must be paid monthly into the highway fund in the state treasury.
2. The fee for:
   1. An application for a nondriver photo identification card is eight dollars.
   2. Written testing for an application for an operator’s license is five dollars.
   3. Online written testing for an application for an operator’s license is ten dollars.
   4. Actual ability testing for an application for an operator’s license is five dollars.
   5. An application for an operator’s license is fifteen dollars.
   6. An application for a motorized bicycle operator’s permit is ten dollars.
   7. A substitute operator’s license is eight dollars unless the substitute is for erroneous information due to a change in name or address, then the fee is three dollars.
   8. An operator’s license renewal is fifteen dollars.
   9. Reinstatement after suspension is fifty dollars unless the suspension was the result of a suspension under subsection 3, 4, or 6 of section 39-06-03 or subdivision b of subsection 1 of section 39-06-32, then the fee is twenty-five dollars, or unless the suspension was a result of a violation under section 39-08-01 or chapter 39-20, then the fee is one hundred dollars.
   10. Reinstatement after revocation is fifty dollars, unless the revocation was imposed for a violation of subsection 6 of section 39-06-17 or section 39-06-31, 39-06-43, or 39-20-04, then the fee is one hundred dollars.
3. Any application for which there is a fee must be accompanied by the proper fee.

Source: S.L. 1955, ch. 251, § 50; R.C. 1943, 1957 Supp., § 39-0649; S.L. 1975, ch. 337, § 1; 2013, ch. 291, § 56; 2015, ch. 268, § 5, effective April 15, 2015; 2021, ch. 287, § 3, effective July 1, 2021.

Effective Date.

The 2015 amendment of this section by section 5 of chapter 268, S.L. 2015 became effective April 15, 2015, pursuant to an emergency clause in section 15 of chapter 268, S.L. 2015.

39-06-50. Short title. [Repealed]

Repealed by S.L. 2013, ch. 291, § 62.

Effective Date.

The repeal of this section by section 62 of chapter 291, S.L. 2013 became effective July 1, 2013.

39-06-51. License to carry warnings and convictions. [Repealed]

Repealed by S.L. 1975, ch. 338, § 1.

39-06-52. Veteran indicator on license. [Repealed]

Repealed by S.L. 2013, ch. 291, § 62.

39-06.1-01. Definitions.

As used in this title:

1. “Adjudication” and “admission” means an official determination, in the manner provided by law, that a traffic violation has been committed by a named driver.
2. “Equivalent ordinance” means an ordinance of a city, state, or other jurisdiction which is comparable to the cited statute and defines essentially the same offense, even if the language of the ordinance differs or procedural points or methods of proof differ.
3. “Official” means a municipal judge or a magistrate or other qualified individual appointed by the presiding judge of the judicial district to serve for all or part of the judicial district.
4. “Points” means the number of demerits assigned to particular types of traffic violations.

Source: S.L. 1973, ch. 301, § 1; 1975, ch. 339, § 7; 1997, ch. 332, § 7; 2013, ch. 295, § 2.

39-06.1-02. Traffic violations noncriminal — Exceptions — Procedures.

1. An individual cited, in accordance with sections 39-07-07 and 39-07-08, for a traffic violation under state law or municipal ordinance, other than an offense listed in section 39-06.1-05, is deemed to be charged with a noncriminal offense.
   1. The individual may appear before the designated official and pay the statutory fee for the violation charged at or before the time scheduled for a hearing.
   2. If the individual has posted bond, the individual may forfeit bond by not appearing at the designated time.
2. If the individual is cited for a traffic violation under state law and posts bond by mail, the bond must be submitted within fourteen days of the date of the citation and the individual cited shall indicate on the citation whether a hearing is requested. If the individual does not request a hearing within fourteen days of the date of the citation, the bond is deemed forfeited and the violation admitted. If the individual requests a hearing, the court for the county in which the citation is issued shall issue a summons to the individual requesting the hearing notifying the individual of the date of the hearing before the designated official in accordance with section 39-06.1-03.
3. Upon appearing at the hearing scheduled in the citation or otherwise scheduled at the individual’s request, the individual may make a statement in explanation of the individual’s action. The official may at that time waive, reduce, or suspend the statutory fee or bond, or both. If the individual cited follows the foregoing procedures, the individual is deemed to have admitted the violation and to have waived the right to a hearing on the issue of commission of the violation.
4. The bond required to secure appearance must be identical to the statutory fee established by section 39-06.1-06.
5. Within ten days after forfeiture of bond or payment of the statutory fee, the official having jurisdiction over the violation shall certify to the director:
   1. Admission of the violation; and
   2. In speeding violations, whether the speed charged was in excess of the lawful speed limit by more than nine miles [14.48 kilometers] per hour and the miles [kilometers] per hour by which the speed limit was exceeded.
6. Under this section a citing police officer may not receive the statutory fee or bond.

Source: S.L. 1973, ch. 301, § 2; 1975, ch. 339, § 8; 1981, ch. 388, § 1; 1995, ch. 318, § 2; 2013, ch. 295, § 3; 2021, ch. 291, § 1, effective August 1, 2021.

Cross-References.

Motorcycles, provisions of this chapter apply to, see § 39-10.2-07.

39-06.1-02.1. Notification of parents or guardians of juvenile traffic offenders.

The clerk of court shall notify the parent or guardian of any juvenile appearing before the court on a traffic offense of the charge as contained in the citation, the penalty attached to the offense, and the time and place of any court hearing on the matter.

Source: S.L. 1977, ch. 351, § 1.

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

1. An individual cited for a traffic violation, other than an offense listed in section 39-06.1-05, who does not follow one of the procedures in section 39-06.1-02, may request a hearing on the issue of commission of the charged violation. The hearing must be held at the time scheduled in the citation, at the time scheduled in response to the individual’s request, or at some future time, not to exceed ninety days later, set at that first appearance.
2. At the time of a request for a hearing on the issue of commission of the violation, the individual charged shall deposit with the official having jurisdiction an appearance bond equal to the statutory fee for the charged violation.
3. If an individual cited for a traffic violation, other than an offense listed in section 39-06.1-05, has requested a hearing on the issue of the commission of the charged violation and appears at the time scheduled for the hearing, and the prosecution does not appear or is not ready to prove the commission of a charged violation at the hearing, the official shall dismiss the charge.
4. If the official finds that the individual had committed the traffic violation, the official shall notify the director of that fact, and whether the individual was driving more than nine miles [14.48 kilometers] per hour in excess of the lawful limit, stating specifically the miles [kilometers] per hour in excess of the lawful limit, if charged with a speeding violation, within ten days of the date of the hearing. The fact that an individual has admitted a violation, or has, in any proceeding, been found to have committed a violation, may not be referred to in any way, nor be admissible as evidence in any court, civil, equity, or criminal, except in an action or proceeding involving that individual’s operator’s license.
5. 1. An individual may not appeal a finding from a district judge or magistrate that the individual committed the violation. If an individual is aggrieved by a finding in the municipal court that the individual committed the violation, the individual may, without payment of a filing fee, appeal that finding to the district court for trial anew. If, after trial in the appellate court, the individual is again found to have committed the violation, there is no further appeal. Notice of appeal under this subsection must be given within thirty days after a finding of commission of a violation is entered by the official. Oral notice of appeal may be given to the official at the time that the official adjudges that a violation has been committed. Otherwise, notice of appeal must be in writing and filed with the official, and a copy of the notice must be served upon the prosecuting attorney. An appeal taken under this subsection may not operate to stay the reporting requirement of subsection 4, nor to stay appropriate action by the director upon receipt of that report.
   2. The appellate court upon application by the appellant may:
      1. Order a stay of any action by the director during pendency of the appeal, but not to exceed a period of one hundred twenty days;
      2. Order a stay and that the appellant be issued a temporary restricted driving certificate by the director to be effective for no more than one hundred twenty days; or
      3. Deny the application.
   3. If the individual charged is found not to have committed the violation by the appellate court, the clerk of court shall report that fact to the director immediately. Unless the appropriate state’s attorney consents to prosecute the appeal, if an appeal under this subsection is from a violation of a city ordinance, the city attorney for the city wherein the alleged violation occurred shall prosecute the appeal. In all other cases, the appropriate state’s attorney shall prosecute the appeal.
6. The state or the city, as appropriate, must prove the commission of a charged violation at the hearing or appeal under this section by a preponderance of the evidence. Upon an appeal under subsection 5, the court and parties shall follow, to the extent applicable, the North Dakota Rules of Civil Procedure. If on the appeal from the finding of the official the finding is affirmed, costs may be assessed at the discretion of the trial judge.

An application for a stay or temporary certificate under this subdivision must be accompanied by a certified copy of the appellant’s driving record, for the furnishing of which the director may charge a fee of three dollars. Any order granting a stay or a temporary certificate must be immediately forwarded by the clerk of court to the director, who immediately shall issue a temporary certificate in accordance with the order in the manner provided by law. A court may not make a determination on an application under this subdivision without notice to the appropriate prosecuting attorney. An individual who violates or exceeds the restrictions contained in any temporary restricted driving certificate issued under this subdivision is guilty of a traffic violation and must be assessed a fee of twenty dollars.

Source: S.L. 1973, ch. 301, § 3; 1975, ch. 339, § 9; 1977, ch. 352, § 1; 1979, ch. 417, § 1; 1981, ch. 320, § 94; 1983, ch. 431, § 1; 1991, ch. 326, § 151; 1995, ch. 318, § 3; 1995, ch. 375, § 1; 2003, ch. 312, § 3; 2009, ch. 279, § 4; 2013, ch. 295, § 4.

Note.

Administrative Rule 16 adopted by the supreme court on December 22, 1982, effective January 1, 1983, provides that all appeals pursuant to section 40-18-19 and N.D.R.Crim.P. 37, from determinations of municipal courts shall be filed and heard in the county court of that county.

The case of State v. Silkman, 317 N.W.2d 124 (1982), annotated below, was decided prior to the 1983 amendment to this section, which substituted “appeal that finding to the district court or county court for trial anew” for “appeal that finding to the district court for trial anew, and the case may be tried to a jury, if requested” at the end of the first sentence of subdivision 5(a).

39-06.1-04. Failure to appear, pay statutory fee, post bond — Procedure — Penalty.

If an individual fails to choose one of the methods of proceeding in section 39-06.1-02 or 39-06.1-03, the individual is deemed to have admitted to commission of the charged violation, and the official having jurisdiction shall report the admission to the director within ten days after the date set for the hearing. Failure to appear at the time designated, after signing a promise to appear, if signing is required by law, or failure to appear without paying the statutory fee or posting and forfeiting bond is a class B misdemeanor. Failure to appear without just cause at the hearing is deemed an admission of commission of the charged violation.

Source: S.L. 1973, ch. 301, § 4; 1975, ch. 339, § 10; 2001, ch. 340, § 6; 2013, ch. 295, § 5.

39-06.1-05. Offenses excepted.

The procedures authorized under sections 39-06.1-02 and 39-06.1-03 may not be utilized by a person charged with one of the following offenses:

1. Driving or being in actual physical control of a vehicle in violation of section 39-08-01, or an equivalent ordinance.
2. Reckless driving or aggravated reckless driving in violation of section 39-08-03, or an equivalent ordinance.
3. A violation of chapter 12.1-16 resulting from the operation of a motor vehicle.
4. Leaving the scene of an accident in violation of section 39-08-04, 39-08-05, 39-08-07, or 39-08-08, or equivalent ordinances.
5. Driving while license or driving privilege is suspended or revoked in violation of section 39-06-42, or an equivalent ordinance.
6. Violating subdivision b or c of subsection 5 of section 39-24-09.
7. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46.
8. Causing an accident with an authorized emergency vehicle or a vehicle operated by or under the control of the director used for maintaining the state highway system in violation of subsection 5 of section 39-10-26.

Source: S.L. 1973, ch. 301, § 5; 1975, ch. 339, §§ 11, 12; 1977, ch. 354, § 4; 1983, ch. 415, § 13; 1985, ch. 430, § 1; 1985, ch. 431, § 1; 1987, ch. 460, § 2; 1989, ch. 463, § 1; 2001, ch. 341, § 1; 2003, ch. 317, § 1; 2003, ch. 318, § 1; 2009, ch. 331, § 1; 2013, ch. 296, § 1; 2015, ch. 264, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 264, S.L. 2015 became effective August 1, 2015.

39-06.1-06. Amount of statutory fees.

The fees required for a noncriminal disposition under section 39-06.1-02 or 39-06.1-03 must be as follows:

1. For a nonmoving violation as defined in section 39-06.1-08, a fee of twenty dollars except for a violation of any traffic parking regulation on any state charitable or penal institution property or on the state capitol grounds, a fee in the amount of five dollars, excluding a violation of subsection 11 of section 39-01-15.
2. For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except for:
   1. A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty dollars.
   2. A violation of section 39-10-05 involving failure to yield to a pedestrian or subsection 1 of section 39-10-28, a fee of fifty dollars.
   3. A violation of section 39-21-41.2, a fee of twenty-five dollars.
   4. A violation of subsection 1 of section 39-12-02, section 39-08-23, or section 39-08-25, a fee of one hundred dollars.
   5. A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one hundred dollars.
   6. A violation of subsection 6 of section 39-04-37, a fee of one hundred dollars.
   7. A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty dollars.
   8. A violation of section 39-10-59, a fee of five hundred dollars.
   9. A violation of section 39-09-01, a fee of thirty dollars.
   10. A violation of section 39-09-01.1, a fee of thirty dollars.
   11. A violation of section 39-10-46 or 39-10-46.1, a fee of one hundred dollars.
   12. A violation of subsection 1 of section 39-08-20, one hundred fifty dollars for a first violation and three hundred dollars for a second or subsequent violation in three years.
   13. A violation of section 39-10-24 or 39-10-44, a fee of forty dollars.
   14. A violation of section 39-10-50.1, a fee of fifty dollars.
   15. A violation of section 39-19-03, a fee of fifty dollars.
3. For a violation of section 39-21-44 or a rule adopted under that section, a fee of two hundred fifty dollars.
4. Except as provided in subsections 5 and 7, for a violation of section 39-09-02, or an equivalent ordinance, a fee established as follows:
5. On a highway on which the speed limit is a speed higher than fifty-five miles [88.51 kilometers] an hour, for a violation of section 39-09-02, or an equivalent ordinance, a fee established as follows:
6. For a violation of section 39-06.2-10.9 or subsection 3 of section 39-21-46, a fee established as follows:
   1. Driving more than eleven hours since the last ten hours off duty, driving after fourteen hours on duty since the last ten hours off duty, driving after sixty hours on duty in seven days or seventy hours in eight days, no record of duty status or log book in possession, failing to retain previous seven-day record of duty status or log book, or operating a vehicle with four to six out-of-service defects, one hundred dollars;
   2. False record of duty status or log book or operating a vehicle with seven to nine out-of-service defects, two hundred fifty dollars;
   3. Operating a vehicle after driver placed out of service, operating a vehicle with ten or more out-of-service defects, or operating a vehicle that has been placed out of service prior to its repair, five hundred dollars; and
   4. All other violations of motor carrier safety rules adopted under subsection 3 of section 39-21-46, fifty dollars.
7. On a highway on which the speed limit is posted in excess of sixty-five miles [104.61 kilometers] an hour, for a violation of section 39-09-02, or equivalent ordinance, a fee of five dollars for each mile per hour over the limit.
8. For a violation of a school zone speed limit under subdivision b of subsection 1 of section 39-09-02, a fee of forty dollars for one through ten miles per hour over the posted speed; and forty dollars, plus one dollar for each additional mile per hour over ten miles per hour over the limit unless a greater fee would be applicable under this section.
9. For a violation of a highway construction zone speed limit under subsection 2 of section 39-09-02, a fee of eighty dollars for one through ten miles per hour over the posted speed; and eighty dollars plus two dollars for each mile per hour over ten miles per hour over the limit, unless a greater fee would be applicable under this section. The fee in this subsection does not apply to a highway construction zone unless individuals engaged in construction are present at the time and place of the violation and the posted speed limit sign states “Minimum Fee $80”.

Miles per hour over lawful speed limit Fee 1 - 5 $ 5 6 - 10 $ 5 plus $1/each mph over 5 mph over limit 11 - 15 $ 10 plus $1/each mph over 10 mph over limit 16 - 20 $ 15 plus $2/each mph over 15 mph over limit 21 - 25 $ 25 plus $3/each mph over 20 mph over limit 26 - 35 $ 40 plus $3/each mph over 25 mph over limit 36 - 45 $ 70 plus $3/each mph over 35 mph over limit 46 + $100 plus $5/each mph over 45 mph over limit

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Miles per hour over lawful speed limit Fee 1 - 10 $2/each mph over limit 11 + $20 plus $5/each mph over 10 mph over limit

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Source: S.L. 1973, ch. 301, § 6; 1979, ch. 418, § 1; 1979, ch. 419, § 1; 1981, ch. 379, § 3; 1981, ch. 389, § 1; 1981, ch. 391, § 1; 1983, ch. 432, § 1; 1985, ch. 430, § 4; 1987, ch. 463, §§ 1, 2; 1989, ch. 69, § 44; 1989, ch. 319, § 4; 1991, ch. 416, § 1; 1993, ch. 45, § 16; 1993, ch. 384, § 1; 1993, ch. 385, § 1; 1995, ch. 376, § 1; 1997, ch. 336, § 1; 1997, ch. 337, § 1; 1999, ch. 343, § 1; 1999, ch. 344, § 1; 2001, ch. 341, § 2; 2001, ch. 342, § 1; 2003, ch. 317, § 2; 2003, ch. 319, § 1; 2003, ch. 320, § 1; 2005, ch. 331, § 1; 2005, ch. 340, § 3; 2009, ch. 332, § 1; 2011, ch. 279, § 1; 2011, ch. 192, § 3; 2011, ch. 268, § 3; 2011, ch. 280, § 1; 2013, ch. 295, § 6; 2013, ch. 297, § 1; 2015, ch. 263, § 1; 2017, ch. 257, § 2, effective August 1, 2017; 2017, ch. 266, § 1, effective August 1, 2017; 2017, ch. 269, § 1, effective August 1, 2017; 2019, ch. 317, § 1, effective August 1, 2019; 2019, ch. 327, § 2, effective August 1, 2019; 2021, ch. 280, § 2, effective August 1, 2021; 2021, ch. 283, § 5, § 6, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 263, S.L. 2015 became effective August 1, 2015.

Note.

Section 39-06.1-06 was amended 3 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 5 of Chapter 283, Session Laws 2021, House Bill 1502; Section 6 of Chapter 283, Session Laws 2021, House Bill 1502; and Section 2 of Chapter 280, Session Laws 2021, Senate Bill 2097.

Section 39-06.1-06 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 327, Session Laws 2019, House Bill 1405; and Section 1 of Chapter 317, Session Laws 2019, House Bill 1327.

Section 39-06.1-06 was amended 3 times by the 2017 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 1 of Chapter 266, Session Laws 2017, House Bill 1311; Section 2 of Chapter 257, Session Laws 2017 House Bill 1211; and Section 1 of Chapter 269, Session Laws 2017, House Bill 1430.

This section is set out above to reflect a correction from the state since the 2015 cumulative supplement. In subsection (4) references to subsections (7) and (11) were changed to (5) and (7).

Chapter 385, S.L. 1993, which amended this section, was referred and approved on June 14, 1994, at the primary election, and became effective July 14, 1994, under N.D. Const., Art. III, § 8.

The 1989 amendment of this section by S.L. 1989, ch. 464, section 1 was disapproved by R.M. December 5, 1989.

S.L. 1987, ch. 463, § 7 provided that the act would be effective on the date the governor certified to the secretary of state and to the highway commissioner that the federal restrictions on speed limits exceeding fifty-five miles per hour are no longer in effect, but only if that day was before July 1, 1989. The governor issued such certification on April 7, 1987.

39-06.1-07. Notification to offenders — Duties of director.

1. The director shall prepare notification forms to be delivered to the charged individual with the uniform traffic summons and complaint under section 29-05-31. The notification form may be delivered to the individual in writing, by providing a website address, or providing a quick response code. The notification forms must contain language, approved by the attorney general, informing an individual charged with a traffic violation, other than offenses listed in section 39-06.1-05, of the procedures available to that individual under sections 39-06.1-02 and 39-06.1-03. The notification must contain a schedule of points to be charged against an individual’s driving record or other operator’s license penalties as provided by law and a schedule of statutory fees and bond amounts as determined in accordance with this chapter. A notification form separate from the uniform traffic summons and complaint may be delivered to an individual charged with a violation of subsection 3 of section 39-21-46.
2. The director shall prepare a temporary operator’s permit under sections 39-20-03.1, 39-20-03.2, and 39-20-04. The temporary operator’s permit must inform the driver of the procedures available under chapter 39-20 and must be issued in accordance with that chapter. The temporary operator’s permit may not be delivered by mail or electronic means unless specifically authorized under chapter 39-20.

Source: S.L. 1973, ch. 301, § 7; 1975, ch. 339, § 13; 1983, ch. 415, § 14; 2001, ch. 341, § 3; 2013, ch. 295, § 7; 2021, ch. 291, § 2, effective August 1, 2021.

39-06.1-08. Nonmoving violation defined.

For the purposes of section 39-06.1-06, a “nonmoving violation” means:

1. A violation of section 39-04-02.1, subsection 6 of section 39-04-37, subsection 4 of section 39-06-17, and section 39-06-20, 39-06-44, 39-06-45, 39-10-47, 39-10-49, 39-10-50, 39-10-54.1, 39-21-08, 39-21-10, 39-21-11, or 39-21-14, or a violation of any municipal ordinance equivalent to the foregoing sections.
2. A violation, discovered at a time when the vehicle is not actually being operated, of section 39-21-03, 39-21-05, 39-21-13, 39-21-19, 39-21-32, 39-21-37, 39-21-39, or 39-21-44.2, or a violation of any municipal ordinance equivalent to the foregoing sections.

Source: S.L. 1973, ch. 301, § 8; 1999, ch. 341, § 4; 2011, ch. 268, § 4; 2013, ch. 291, § 57; 2019, ch. 318, § 1, effective August 1, 2019; 2021, ch. 283, § 7, effective August 1, 2021.

39-06.1-09. Moving violation defined.

For the purposes of sections 39-06.1-06 and 39-06.1-13, a “moving violation” means a violation of section 39-04-11, 39-04-22, subsection 1 of section 39-04-37, section 39-04-55, 39-06-01, 39-06-04, 39-06-14, 39-06-14.1, 39-06-16, 39-06.2-07, 39-08-20, 39-08-23, 39-08-24, 39-08-25, 39-09-01, 39-09-01.1, 39-09-04.1, or 39-09-09, subsection 1 of section 39-12-02, section 39-12-04, 39-12-05, 39-12-06, 39-12-09, 39-19-03, 39-21-45.1, 39-24-02, or 39-24-09, except subdivisions b and c of subsection 5 of section 39-24-09, or equivalent ordinances; or a violation of the provisions of chapter 39-10, 39-10.2, 39-21, or 39-27, or equivalent ordinances, except subsection 5 of section 39-10-26, section 39-21-44, and subsections 2 and 3 of section 39-21-46, and those sections within those chapters which are specifically listed in subsection 1 of section 39-06.1-08.

Source: S.L. 1973, ch. 301, § 9; 1977, ch. 355, § 1; 1979, ch. 187, § 77; 1979, ch. 418, § 2; 1979, ch. 419, § 2; 1981, ch. 389, § 2; 1981, ch. 392, § 1; 1985, ch. 433, § 1; 1987, ch. 464, § 1; 1987, ch. 465, § 1; 1987, ch. 466, § 1; 1989, ch. 463, § 2; 2001, ch. 341, § 4; 2003, ch. 318, § 2; 2003, ch. 319, § 2; 2005, ch. 331, § 2; 2009, ch. 331, § 2; 2011, ch. 279, § 2; 2011, ch. 272, § 5; 2013, ch. 291, § 58; 2013, ch. 295, § 8; 2013, ch. 296, § 2; 2015, ch. 264, § 2, effective August 1, 2015; 2017, ch. 269, § 2, effective August 1, 2017; 2021, ch. 280, § 3, effective August 1, 2021; 2021, ch. 283, § 8, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 264, S.L. 2015 became effective August 1, 2015.

Note.

Section 39-06.1-09 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 8 of Chapter 283, Session Laws 2021, House Bill 1502; and Section 3 of Chapter 280, Session Laws 2021, Senate Bill 2097.

39-06.1-10. Entries against driving record — Director duties — Hearings — Demerit schedule — Suspension.

1. If a report of a conviction of a traffic offense, or admission or adjudication of a traffic violation is received by the director, the director shall proceed to enter the proper points on the licensee’s driving record, unless the points assigned to the violation are two or less. If the points assigned to the violation are two or less, the violation and points may not be entered on the driving record but must be recorded separately, and the separate record is not available to the public. Points from a violation in which the points are two or less are considered a part of the driving record for the sole purpose of point reduction under section 39-06.1-13 and for purposes of license suspension. If the driving record shows that the licensee has accumulated a total of twelve or more points, assigned on the basis of the schedule contained in subsection 3, the director shall notify the licensee of the director’s intention to suspend the operator’s license under section 39-06-33. For the purposes of this chapter, the director also may receive and act on reports of traffic offense convictions forwarded by federal, military, and tribal courts in this state.
2. If the director confirms, after hearing or opportunity for hearing, that the licensee’s driving record has an accumulated point total of twelve or more points, the director shall suspend the licensee’s operator’s license according to the following schedule:
3. Points must be assigned and accumulated on the basis of the following schedule:
   1. Noncriminal Violations
   2. Criminal Violations
4. 1. If the director is informed by a court that an individual has been convicted of violating section 39-08-01, or equivalent ordinance, the director, subject to the offender’s opportunity for hearing under subsection 1, shall suspend that individual’s operator’s license until the offender furnishes to the director the written statement of the counselor or instructor of an appropriate licensed addiction treatment program that the offender does not require either an education or treatment program or that the offender has physically attended the prescribed program and has complied with the attendance rules. The director shall send notice to the offender informing the offender of the provisions of this subsection.
   2. If within the seven years preceding the most recent violation of section 39-08-01, or equivalent ordinance, the offender has previously violated section 39-08-01, or equivalent ordinance, at least three times, the driving privileges must be suspended and may be restored only after the offender has completed addiction treatment through an appropriate licensed addiction treatment program and has had no alcohol-related or drug-related offense for two consecutive years after completion of treatment. The offender must receive a temporary restricted license during the suspension period, in accordance with section 39-06.1-11.
5. If judicial disposition of a traffic violation includes an order or recommendation of suspension or revocation of an operator’s license, the suspension or revocation runs concurrently with any suspension ordered under this section. After a conviction of an individual for violating section 39-08-01, the director, in suspending the individual’s operator’s license, shall give credit for the time in which license suspension or revocation has been or is being imposed under chapter 39-20 in connection with the same offense.
6. A suspension must be deemed to have commenced twenty days after the order of suspension is delivered to the licensee at the licensee’s address of record in the department. Constructive delivery under this section must be considered as occurring seventy-two hours after proper deposit in the mails.
7. Points assigned under this section must be recorded against an operator’s driving record regardless of whether the operator has ever had an operator’s license issued in this state, and the director shall maintain records on all violators regardless of licensure. Upon the assignment of twelve or more points, any unlicensed operator must be deemed to be driving under suspension if the operator has never had an operator’s license or if the operator has failed to renew the operator’s license.
8. The period of suspension imposed for a violation of section 39-08-01, 39-08-01.2, or 39-08-01.4 or equivalent ordinance is:
   1. Ninety-one days if the operator’s record shows the individual has not violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.
   2. One hundred eighty days if the operator’s record shows the individual has not violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation and the violation was for an alcohol concentration of at least eighteen one-hundredths of one percent by weight.
   3. Three hundred sixty-five days if the operator’s record shows the individual has once violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.
   4. Two years if the operator’s record shows the individual has at least once violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation and the violation was for an alcohol concentration of at least eighteen one-hundredths of one percent by weight.
   5. Two years if the operator’s record shows the individual has at least twice violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.
   6. Three years if the operator’s record shows the individual has at least twice violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation and the violation is for an alcohol concentration of at least eighteen one-hundredths of one percent by weight.
9. If an individual has a temporary restricted driver’s license with the restriction the individual participates in the twenty-four seven sobriety program under chapter 54-12, the individual may operate a motor vehicle during the suspension periods under this section.

Accumulated Point Total: Period of Suspension: a. Twelve 7 days b. Thirteen and above 7 days for each point over eleven

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Noncriminal Adjudicationor Admission of: PointsAssigned: (1) Overtime and double parking in violation of city ordinances 0 points (2) Failure to display license plates 1 point (3) Permitting unauthorized minor to drive 2 points (4) Permitting unauthorized individual to drive 2 points (5) Unlawful stopping, standing, or parking on open highway in violation of section 39-10-47 2 points (6) Unlawful parking in prohibited place 1 point (7) Leaving motor vehicle improperly unattended on an open highway 1 point (8) Opening or leaving motor vehicle doors open when unsafe to do so 1 point (9) Except as provided in and , knowingly driving with defective, nonexistent, or unlawful equipment in violation of , or equivalent ordinances sections 39-21-44 39-21-45.1 section 39-21-46 2 points (10) Careless driving in violation of , or equivalent ordinance section 39-09-01 6 points (11) Violating or exceeding restrictions contained in a restricted certificate issued under section 39-06.1-03 4 points (12) Racing or drag racing motor vehicles in violation of , or equivalent ordinance section 39-08-03.1 10 points (13) Exhibition driving in violation of , or equivalent ordinance section 39-08-03.1 3 points (14) Failing to yield right of way in violation of , through , , , , or , or equivalent ordinances section 39-10-20 39-10-22 39-10-26 39-10-28 39-10-33.3 39-10-44 39-10-72 2 points (15) Disobeying an official traffic-control device in violation of , , or , or equivalent ordinances section 39-10-04 39-10-05 39-10-07 2 points (16) Driving on wrong side of road in violation of , , or , or equivalent ordinances section 39-10-08 39-10-14 39-10-16 2 points (17) Failing to dim headlights in violation of , or equivalent ordinance section 39-21-21 1 point (18) Failing to stop at railroad crossing in violation of or , or equivalent ordinances section 39-10-41 39-10-42 3 points (19) Knowingly driving with defective brakes in violation of or , or equivalent ordinances section 39-21-32 39-21-33 2 points (20) Disregarding the lawful commands of a police officer in violation of , or equivalent ordinance section 39-10-02 2 points (21) Overtaking where prohibited or in an unsafe manner in violation of , , , or , or equivalent ordinances section 39-10-11 39-10-12 39-10-13 39-10-15 2 points (22) Overtaking and passing a schoolbus in violation of , or equivalent ordinance section 39-10-46 6 points (23) Operating a motor vehicle without a license in violation of , or equivalent ordinance section 39-06-01 4 points (24) Improperly operating or unlawfully carrying passengers or packages on a motorcycle in violation of , or equivalent ordinance section 39-10.2-02 2 points (25) Improperly operating a motorcycle in laned traffic in violation of , or equivalent ordinance section 39-10.2-03 2 points (26) Clinging to other vehicles while riding a motorcycle in violation of , or equivalent ordinance section 39-10.2-04 4 points (27) Carrying a passenger on a motorcycle not equipped with passenger footrests in violation of , or equivalent ordinance section 39-10.2-05 2 points (28) Operating a motorcycle without protective headgear in violation of subsection 1 of , or equivalent ordinance section 39-10.2-06 2 points (29) Failing to use the care required in , or equivalent ordinance section 39-09-01.1 2 points (30) Except as provided in paragraph 33, operating a motor vehicle in excess of speed limit in violation of , or equivalent ordinance section 39-09-02 6 - 10 mph over limit 0 points 11 - 15 mph over limit 1 point 16 - 20 mph over limit 3 points 21 - 25 mph over limit 5 points 26 - 35 mph over limit 9 points 36 - 45 mph over limit 12 points 46 + mph over limit 15 points (31) Driving in violation of section 39-08-18 2 points (32) Driving in violation of section 39-08-09 6 points (33) On a highway on which the speed limit is posted in excess of sixty-five miles [104.61 kilometers] an hour, operating a motor vehicle in excess of the speed limit in violation of , or equivalent ordinance section 39-09-02 Miles per hour overlawful speed limit Points 1 - 5 0 6 - 10 1 11 - 15 3 16 - 20 5 21 - 25 7 26 - 30 10 31 - 35 12 36 + 15 (34) Failing to have a minor in a child restraint system or seatbelt in violation of section 39-21-41.2 1 point (35) Failure or refusal to comply with rules of the superintendent of the highway patrol in violation of subsection 3 of section 39-21-46 0 points (36) Violation of or any rule adopted under that section section 39-21-44 2 points (37) Except as provided in paragraph 39, operating a motor vehicle without liability insurance, in violation of section 39-08-20 6 points (38) Except as provided in paragraph 39, operating a motor vehicle without liability insurance, in violation of , if the driving record shows that the licensee has within the eighteen months preceding the violation previously violated section 39-08-20 section 39-08-20 12 points (39) Operating a motor vehicle without liability insurance, in violation of , if the violation was discovered as the result of investigation of an accident in which the driver is the owner section 39-08-20 14 points (40) Driving a modified motor vehicle in violation of , or equivalent ordinance section 39-21-45.1 1 point (41) Driving in violation of the conditions of an instructional permit. 2 points

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Conviction of: PointsAssigned: (1) Reckless driving in violation of , or equivalent ordinance section 39-08-03 8 points (2) Aggravated reckless driving in violation of , or equivalent ordinance section 39-08-03 12 points (3) Leaving the scene of an accident involving property damage in violation of , , or , or equivalent ordinances section 39-08-05 39-08-07 39-08-08 14 points (4) Leaving the scene of an accident involving personal injury or death in violation of , or equivalent ordinance section 39-08-04 18 points (5) Violating restrictions in a restricted license issued under and relating to the use of eyeglasses or contact lenses while driving section 39-06-17 3 points (6) Violating any restrictions other than those listed in paragraph 5, contained in a restricted license issued under or section 39-06-17 39-06.1-11 4 points (7) Except as provided in paragraph 9 of subdivision a, knowingly operating an unsafe vehicle in violation of , or equivalent ordinance section 39-21-46 2 points (8) Fleeing in a motor vehicle from a peace officer in violation of , or equivalent ordinance section 39-10-71 24 points (9) Causing an accident with an authorized emergency vehicle or a vehicle operated by or under the control of the director used for maintaining the state highway system in violation of subsection 5 of , or equivalent ordinance section 39-10-26 2 points

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Source: S.L. 1973, ch. 301, § 10; 1975, ch. 339, § 14; 1975, ch. 340, § 1; 1975, ch. 341, § 3; 1977, ch. 353, § 1; 1977, ch. 354, §§ 2, 3; 1977, ch. 355, § 2; 1979, ch. 187, § 78; 1979, ch. 418, § 3; 1979, ch. 420, § 1; 1981, ch. 91, § 27; 1981, ch. 385, § 5; 1981, ch. 389, § 4; 1981, ch. 391, § 2; 1981, ch. 392, § 2; 1983, ch. 415, §§ 15, 16; 1983, ch. 432, § 2; 1985, ch. 429, § 5; 1985, ch. 430, §§ 2, 4; 1985, ch. 434, §§ 1, 2; 1985, ch. 436, § 1; 1987, ch. 460, § 3; 1987, ch. 461, § 2; 1987, ch. 463, §§ 3, 4; 1987, ch. 464, § 2; 1987, ch. 465, § 2; 1987, ch. 466, § 2; 1987, ch. 467, §§ 1, 2; 1987, ch. 468, § 1; 1989, ch. 463, §§ 3, 4; 1991, ch. 414, §§ 2 to 4; 1991, ch. 416, § 2; 1991, ch. 417, § 1; 1993, ch. 375, § 7; 1993, ch. 386, § 1; 1995, ch. 377, § 1; 1997, ch. 337, § 2; 1999, ch. 344, § 2; 2001, ch. 341, § 5; 2003, ch. 317, § 3; 2003, ch. 318, § 3; 2003, ch. 321, § 1; 2007, ch. 325, §§ 2, 3; 2009, ch. 331, § 3; 2009, ch. 333, § 1; 2011, ch. 271, § 13; 2011, ch. 272, § 6; 2013, ch. 295, § 9; 2013, ch. 296, §§ 3–6; 2013, ch. 301, §§ 4, 5; 2015, ch. 264, § 3, § 4, effective August 1, 2015; 2017, ch. 265, § 2, effective August 1, 2017; 2019, ch. 319, § 1, effective August 1, 2019; 2021, ch. 283, §§ 9, 10, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by sections 3 and 4 of chapter 264, S.L. 2015 became effective August 1, 2015.

Note.

Section 39-06.1-10 was amended 2 times by the 2021 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in of Chapter 283, Session Laws 2021, House Bill 1502; and Section 10 of Chapter 283, Session Laws 2021, House Bill 1502.

Section 39-06.1-10 was amended 2 times by the Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 3 of Chapter 264, Session Laws 2015, Senate Bill 2166; and Section 4 of Chapter 264, Session Laws 2015, Senate Bill 2166.

Section 8 of chapter 272, S.L. 2011 provides: “ APPLICATION. This Act applies to permits and licenses issued after January 1, 2012, and does not effect a valid permit or license issued before the effective date of this Act.”

Section 6 of chapter 331, S.L. 2001, provides:

“ APPLICATION OF DEMERIT POINTS OR FEES. The operator’s license demerit points or fees for driving in violation of section 39-09-02, or equivalent ordinance, as provided by Senate Bill No. 2088, as passed by the fifty-seventh legislative assembly, do not apply to offenses committed before July 1, 2001.”

Cross-References.

Licensing substance abuse treatment programs, see ch. 50-31.

Penalty for driving while license suspended or revoked, see §§ 39-06-42, 39-06-43.

Prior offenses under § 39-08-01 restricted to those after July 1, 1981, see § 39-08-01.1.

39-06.1-10.1. Alternative disposition — Driver training course — Exceptions.

1. An individual issued a summons or notice to appear under section 39-07-07 may appear before the court and elect to attend a driver training course approved by the director in lieu of entry of points on the licensee’s driving record. An individual who elects to attend the course must so notify the court at the time of posting the bond, which is forfeited even though an election is made under this section. The individual who makes the election shall pay the driver training course fee to the driver training course sponsor. If an individual elects to attend the course, the point penalty of five points or fewer for the violation by section 39-06.1-10 may not be assessed if proof of completion of the course is presented to the department within thirty days after the individual notifies the court of the election. An individual may not make an election under this section if:
   1. That individual has made an election under this section within the twelve months preceding the date of issuance of the summons or notice to appear;
   2. The offense is assigned six or more points; or
   3. The offense is an offense listed in section 39-06.1-05.
2. An individual making an election under this section forfeits any point reduction option under section 39-06.1-13.

Source: S.L. 1991, ch. 418, § 1; 2013, ch. 295, § 10.

39-06.1-11. Temporary restricted license — Ignition interlock device.

1. Except as provided under subsection 2 or 3, if the director has suspended a license under section 39-06.1-10 or has extended a suspension or revocation under section 39-06-43, upon receiving written application from the offender affected, the director may for good cause issue a temporary restricted operator’s license valid for the remainder of the suspension period after seven days of the suspension period have passed.
2. If the director has suspended a license under chapter 39-20, or after a violation of section 39-08-01 or equivalent ordinance, upon written application of the offender the director may issue a temporary restricted license that takes effect after thirty days of the suspension have been served after a first offense under section 39-08-01 or chapter 39-20, but if the offender is participating in the twenty-four seven sobriety program under chapter 54-12, the director shall issue a temporary restricted license that takes effect after fourteen days of the suspension have been served if the driver is not subject to any unrelated suspension or revocation.
3. A temporary restricted license must be issued in accordance with subsection 7 if the offender is participating in and compliant with the twenty-four seven sobriety program under chapter 54-12 or if the offender has not committed an offense for a period of one year before the date of the filing of a written application. The application must be accompanied by:
   1. Proof of financial responsibility and a report from an appropriate licensed addiction treatment program and, if prescribed, proof of compliance with attendance rules in an appropriate licensed addiction treatment program; or
   2. If the offender is participating in the drug court program or other court-ordered treatment or sobriety program, a recommendation from the district court.
4. For a temporary restricted license under subsection 3, the director may conduct a hearing for the purposes of obtaining information, reports, and evaluations from courts, law enforcement, and citizens to determine the offender’s conduct and driving behavior during the prerequisite period of time. The director may require an ignition interlock device be installed in the offender’s vehicle and may require the applicant to submit proof of attendance at a driver training course approved by the director. The director may impose additional conditions as reasonably necessary to ensure compliance.
5. The director may not issue a temporary restricted license for a period of license revocation or suspension imposed under section 39-06-31. A temporary restricted license may be issued for suspensions ordered under subsection 4 of section 39-06-32 if it could have been issued had the suspension resulted from in-state conduct.
6. 1. In addition to any restrictions authorized under section 39-06-17, the director may impose any of the following conditions upon the use of a temporary restricted license issued under this section for the use of a motor vehicle by the offender:
      1. To use during the licensee’s normal working hours;
      2. To use for attendance at an appropriate licensed addiction treatment program or a treatment program ordered by a court; or
      3. To use as necessary to prevent the substantial deprivation of the educational, medical, or nutritional needs of the offender or an immediate family member of the offender.
   2. Violation of a restriction imposed according to this section is deemed a violation of section 39-06-17.
   3. This section does not limit the director’s authority to cancel a temporary restricted license for good cause.
7. If an offender has been charged with, or convicted of, a second or subsequent violation of section 39-08-01 or equivalent ordinance, or if the offender’s license is subject to suspension under chapter 39-20 and the offender’s operator’s license is not subject to an unrelated suspension or revocation, the director shall issue a temporary restricted license to the offender upon the restriction the offender participate in the twenty-four seven sobriety program under chapter 54-12. The offender shall submit an application to the director for a temporary restricted license along with submission of proof of financial responsibility and proof of participation in the twenty-four seven sobriety program to receive a temporary restricted license.
8. If the director denies a temporary restricted license under this section, or denies a request for a hearing under subsection 4, the applicant may appeal within thirty days after the date of the decision by filing a notice of appeal in the district court in the county where the applicant resides and by serving the notice of appeal on the director. On appeal the district court shall review the application and may authorize presentation of additional evidence.

Source: S.L. 1973, ch. 301, § 11; 1975, ch. 341, § 4; 1981, ch. 384, § 7; 1983, ch. 415, § 17; 1985, ch. 429, § 6; 1989, ch. 465, § 1; 1991, ch. 419, § 1; 1997, ch. 338, § 1; 2005, ch. 332, § 1; 2007, ch. 325, § 4; 2009, ch. 469, § 4; 2013, ch. 291, § 59; 2013, ch. 292, § 3; 2013, ch. 295, § 11; 2013, ch. 301, § 6; 2019, ch. 319, § 2, effective August 1, 2019.

Note.

This section is set out above to reflect a correction since the 2015 cumulative supplement. In subsection (3) the reference to "subsection 5" was changed to "subsection 7".

39-06.1-12. Completion of suspension — Reduction of point total.

If a licensee completes a period of suspension ordered under section 39-06.1-10 or as ordered or recommended by a court of competent jurisdiction, the director shall reduce the point total shown on the licensee’s driving record to eleven points. A suspension must be ordered if that licensee’s point total again reaches twelve or more points.

Source: S.L. 1973, ch. 301, § 12; 2013, ch. 295, § 12.

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.

Source: S.L. 1973, ch. 301, § 13; 1975, ch. 339, § 15; 1977, ch. 347, § 5; 1981, ch. 393, § 1; 1985, ch. 429, § 7; 1987, ch. 469, § 1; 1991, ch. 420, § 1; 1993, ch. 386, § 2; 1997, ch. 332, § 8; 2001, ch. 340, § 7; 2013, ch. 295, § 13.

Cross-References.

Licensing substance abuse treatment programs, see ch. 50-31.

39-06.1-14. Delivery of license revocation.

Delivery of the order of revocation is deemed to have occurred seventy-two hours after the order is mailed by regular mail to the address of record in the department under section 39-06-20.

Source: S.L. 1975, ch. 341, § 5; 1995, ch. 372, § 5; 2005, ch. 329, § 4; 2013, ch. 295, § 14; 2017, ch. 265, § 3, effective August 1, 2017.

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:
   1. A vehicle accident report, if the driver was involved in a vehicle accident;
   2. A copy of the citation or other charging document if a citation or other charging document was issued to the driver; and
   3. 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.

Source: S.L. 2001, ch. 343, § 1; 2013, ch. 295, § 15.

39-06.2-01. Uniform Commercial Driver’s License Act.

The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 [title XII of Pub. L. 99-570, 49 U.S.C. 2701, repealed] and Motor Carrier Safety Improvement Act of 1999 [Pub. L. 106-159; 113 Stat. 1748; 49 U.S.C. 113 et seq.] and reduce or prevent commercial motor vehicle accidents, fatalities, and injuries by:

1. Permitting commercial drivers to hold only one license;
2. Disqualifying commercial drivers who have committed certain serious traffic violations or other specified offenses; and
3. Strengthening commercial driver’s licensing and testing standards.

This chapter is a remedial law which should be liberally construed to promote the public health, safety, and welfare. To the extent that this chapter conflicts with general driver’s licensing provisions, this chapter prevails. Where this chapter is silent, the general driver’s licensing provisions apply.

Source: S.L. 1989, ch. 461, § 4; 2001, ch. 344, § 1.

Note.

The federal Commercial Motor Vehicle Safety Act of 1986, Title XII of Pub. L. 99-570, 49 USCS 2701, has been repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before its repeal. For similar provisions, now see 49 USCS 31101 et seq.

39-06.2-02. Definitions.

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

1. “Alcohol” means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol.
2. “Alcohol concentration” means:
   1. The number of grams of alcohol per one hundred milliliters of blood;
   2. The number of grams of alcohol per two hundred ten liters of breath; or
   3. The number of grams of alcohol per sixty-seven milliliters of urine.
3. “Commercial learner’s permit” means a permit issued under subsection 4 of section 39-06.2-07.
4. “Commercial driver’s license” means a license issued under this chapter which authorizes an individual to drive a class of commercial motor vehicle.
5. “Commercial driver’s license information system” means the information system established under the Commercial Motor Vehicle Safety Act to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers.
6. “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property:
   1. If the gross combination weight rating or gross combination weight is twenty-six thousand one pounds [11793.86 kilograms] or more, whichever is greater, provided the towed unit has a gross vehicle weight rating or gross vehicle weight of more than ten thousand pounds [4536 kilograms], whichever is greater;
   2. If the vehicle has a gross vehicle weight rating or gross vehicle weight of more than twenty-six thousand pounds [11793.40 kilograms], whichever is greater;
   3. If the vehicle is designed to transport sixteen or more passengers, including the driver; or
   4. If the vehicle is transporting hazardous materials and is required to be placarded in accordance with 49 CFR part 172, subpart F or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.
7. “Controlled substance” means any substance so classified under section 802(6) of the Controlled Substances Act [21 U.S.C. 802(6)], and includes all substances listed on schedules I through V, of 21 CFR part 1308, as they may be revised from time to time.
8. “Conviction” means an unvacated adjudication of guilt, or a determination that an individual has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the individual’s appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.
9. “Covered farm vehicle” means a straight truck or articulated vehicle:
   1. Registered in a state with a licensed plate or other designation issued by the state of registration which allows law enforcement officials to identify it as a farm vehicle;
   2. Operated by the owner or operator of a farm or ranch or an employee or family member of an owner or operator of a farm or ranch;
   3. Used to transport agricultural commodities, livestock, machinery, or supplies to or from a farm or ranch; and
   4. Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of subdivisions a, b, and c of this subsection by a tenant pursuant to a crop share farm lease agreement to transport the landlord’s portion of the crops under that agreement.
   5. Meeting the requirements of subdivisions a, b, c, and d of this subsection:
      1. With a gross vehicle weight or gross vehicle weight rating, whichever is greater, of twenty-six thousand one pounds [11793.86 kilograms] or less may utilize the exemptions in 40 CFR 390.39 anywhere in the United States; or
      2. With a gross vehicle weight or gross vehicle weight rating, whichever is greater, or more than twenty-six thousand one pounds [11793.86 kilograms] may utilize the exemptions in 40 CFR 390.39 anywhere in the state of registration or across the state lines within one hundred fifty air miles of the farm or ranch with respect to which the vehicle is being operated.
10. “Disqualification” means a withdrawal of the privilege to drive a commercial motor vehicle.
11. “Downgrade” means:
    1. A state allows the driver to change the driver’s self-certification to interstate, but operating exclusively in transportation or operation excepted from 49 CFR part 391, as provided in 390.3(f), 391.2, 391.68, or 398.3;
    2. A state allows the driver to change the driver’s self-certification to intrastate only, if the driver qualifies under the state’s physical qualification requirements for intrastate only;
    3. A state allows the driver to change the driver’s certification to intrastate, but operating exclusively in transportation or operations excepted from all or part of the state driver’s qualification; or
    4. A state removes the commercial driver’s license privilege from the driver’s license.
12. “Drive” means to drive, operate, or be in physical control of a motor vehicle.
13. “Driver” means an individual who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver’s license.
14. “Driver’s license” means a license issued by a state to an individual which authorizes the individual to drive a motor vehicle.
15. “Drug” means any drug or substance or combination of drugs or substances which renders an individual incapable of safely driving, and includes any controlled substance.
16. “Electronic device” includes a cellular telephone, personal digital assistant, pager, computer, or any other device used to input, write, send, receive, or read text.
17. “Employer” means any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an individual to drive a commercial motor vehicle.
18. “Fatality” means the death of an individual as a result of a motor vehicle accident.
19. “Felony” means any offense under state or federal law which is punishable by death or imprisonment for a term exceeding one year.
20. “Foreign commercial driver” means an individual licensed to operate a commercial motor vehicle by an authority outside the United States or a citizen of a foreign country who operates a commercial motor vehicle in the United States.
21. “Foreign jurisdiction” means any jurisdiction other than a state of the United States.
22. “Gross vehicle weight rating” means the value specified by the manufacturer as the maximum loaded weight of a single or a combination or articulated vehicle. The gross vehicle weight rating of a combination or articulated vehicle, commonly referred to as the “gross combination weight rating”, is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating or actual weight of the towed unit or units.
23. “Hazardous materials” means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.
24. “Imminent hazard” means the existence of a condition of vehicle, employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if not discontinued immediately or a condition relating to hazardous materials which presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment.
25. “Mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the federal communications commission in 47 CFR 20.3. The term does not include two-way and citizens band radio services.
26. “Motor vehicle” means every vehicle that is self-propelled, and every vehicle that is propelled by electric power obtained from overhead trolley wires but not operated upon rails, except vehicles moved solely by human power and motorized wheelchairs.
27. “Noncommercial motor vehicle” means a motor vehicle or combination of motor vehicles not defined by the term commercial motor vehicle.
28. “Nondomiciled commercial driver’s license” means a commercial driver’s license or a commercial learner’s permit issued by a state to an individual domiciled in a foreign country meeting the requirements of 49 CFR 383.23(b)(1).
29. “Out-of-service order” means a temporary prohibition against driving a commercial motor vehicle.
30. “Serious traffic violation” means a conviction when operating a commercial motor vehicle of:
    1. Excessive speeding, involving a single charge of any speed fifteen miles [24.14 kilometers] per hour or more, above the posted speed limit;
    2. Reckless driving, as defined under section 39-08-03 or local ordinance, including charges of driving a commercial motor vehicle in willful or wanton disregard for the safety of an individual or property, improper or erratic traffic lane changes, or following the vehicle ahead too closely;
    3. A violation of any state or local law related to motor vehicle traffic control, other than a parking violation, arising in connection with a fatal accident;
    4. Driving a commercial motor vehicle without obtaining a commercial driver’s license or commercial learner’s permit;
    5. Driving a commercial motor vehicle without a commercial driver’s license or commercial learner’s permit in the driver’s possession. An individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay a fine for such violation, that the individual held a valid commercial driver’s license or commercial learner’s permit on the date the citation was issued, is not guilty of this offense;
    6. Driving a commercial motor vehicle without the proper class of commercial driver’s license, endorsement, or commercial learner’s permit, for the specific vehicle group being operated or for the passengers or type of cargo being transported;
    7. Violating a state or local law or ordinance prohibiting texting while driving; or
    8. Violating a state law or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a commercial motor vehicle.
31. “State” means a state of the United States or the District of Columbia.
32. “Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous material within one or more tanks having an individual rated capacity of more than one hundred nineteen gallons [450.46 liters] and an aggregate rated capacity of one thousand gallons [3785.41 liters] or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand gallons [3785.41 liters] or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.
33. “Texting” means manually entering alphanumeric text into, or reading text from, an electronic device. This action includes short message service, electronic mail, instant messaging, a command or request to access a worldwide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone or engaging in any other form of electronic text retrieval or entry, for present or future communication. “Texting” does not include:
    1. Pressing a single button to initiate or terminate a voice communication using a mobile telephone;
    2. Inputting, selecting, or reading information on a global positioning system or navigation system; or
    3. Using a device capable of performing multiple functions, including fleet management systems, dispatching devices, smartphones, citizens’ band radios, or music players, for a purpose that is not otherwise prohibited in 49 CFR part 383.
34. “Third-party skills test examiner” means an individual employed by a third-party tester who is authorized by the state to administer the skills tests in 49 CFR part 383, subparts G and H.
35. “Third-party tester” means a person, including another state, a motor carrier, a private driver training facility or other private institution, or a political subdivision authorized by the state to employ skills test examiners to administer the skills tests in 49 CFR part 383, subparts G and H.
36. “United States” means the fifty states and the District of Columbia.
37. “Use a hand-held mobile telephone” means using at least one hand to hold a mobile telephone to conduct a voice communication; dialing or answering a mobile telephone by pressing more than a single button; or reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, restrained by a seatbelt that is installed under 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.

Source: S.L. 1989, ch. 461, § 4; 1997, ch. 332, § 9; 2003, ch. 312, § 4; 2003, ch. 322, § 4; 2005, ch. 329, § 5; 2009, ch. 334, § 1; 2011, ch. 278, §§ 1, 2; 2013, ch. 298, § 2; 2015, ch. 265, § 1, effective August 1, 2015.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 265, S.L. 2015 became effective August 1, 2015.

39-06.2-03. Limitation on number of driver’s licenses.

No person who drives a commercial motor vehicle may have more than one driver’s license.

Source: S.L. 1989, ch. 461, § 4.

39-06.2-04. Notification required by driver.

1. Notification of convictions.
   1. To state: Any driver holding a commercial driver’s license issued by this state who is convicted of violating any state or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal law of Canada, other than parking violations, must notify the director in the manner specified by the director within thirty days of the date of conviction.
   2. To employers: Any driver holding a commercial driver’s license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or any federal, provincial, territorial, or municipal law of Canada, other than parking violations, must notify the driver’s employer in writing of the conviction within thirty days of the date of conviction.
2. Notification of suspensions, revocations, and cancellations. Any driver whose commercial driver’s license is suspended, revoked, or canceled by any state, or who loses the privilege to drive a commercial motor vehicle in any state for any period, including being disqualified from driving a commercial motor vehicle, or who is subject to an out-of-service order, must notify the employer of that fact before the end of the business day following the day the driver received notice of that fact.
3. Notification of previous employment. Any person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the ten years preceding the date of application:
   1. A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;
   2. The dates between which the applicant drove for each employer; and
   3. The reason for leaving that employer.

The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.

Source: S.L. 1989, ch. 461, § 4; 1993, ch. 383, § 2.

39-06.2-05. Employer responsibilities.

1. Each employer shall require the applicant to provide the information specified in section 39-06.2-04.
2. No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:
   1. In which the driver’s commercial driver’s license is suspended, revoked, or canceled by any state or in which the driver is currently disqualified from driving a commercial vehicle or subject to an out-of-service order in any state; or
   2. In which the driver has more than one driver’s license.

Source: S.L. 1989, ch. 461, § 4.

39-06.2-06. Commercial driver’s license required.

1. Except when driving under a commercial learner’s permit and accompanied by the holder of a commercial driver’s license valid for the vehicle being driven, an individual may not drive a commercial motor vehicle on the highways of this state unless the individual holds and is in immediate possession of a commercial driver’s license with applicable endorsements valid for the vehicle the individual is driving. This subsection does not apply:
   1. When the vehicle being driven is a house car or a vehicle towing a travel trailer being used solely for personal rather than commercial purposes.
   2. When the vehicle being driven constitutes emergency or firefighting equipment necessary to the preservation of life or property.
   3. When the vehicle is being driven for military purposes, subject to any limitations imposed by 49 CFR part 383.3(c).
   4. When the vehicle being driven is a covered farm vehicle as defined in this chapter.
2. No person may drive a commercial motor vehicle on the highways of this state while the person’s driving privilege is suspended, revoked, or canceled, while subject to a disqualification.
3. The provisions of this chapter are waived, as to farm-to-market operations by farmers, but limited to those operators of a farm vehicle that is:
   1. Controlled and operated by a farmer.
   2. Used to transport either agricultural products, including trees, farm machines, farm supplies, or both, to or from a farm.
   3. Not used in the operations of a common or contract carrier.
   4. Used within one hundred fifty miles [241.40 kilometers] of the person’s farm.
4. The provisions of this chapter are waived as to an individual employed by and operating a vehicle at the request of and within a political subdivision, with a population of less than three thousand, during an emergency declared by that political subdivision for the removal of snow and ice. This waiver only applies when the regularly employed driver is unavailable or the employing political subdivision determines that additional assistance is required.
5. Pursuant to the limitations imposed by 49 CFR part 383.3, the required knowledge and skills tests may be waived and a restricted commercial driver’s license issued for a single period of one hundred eighty days or two periods of ninety days within a twelve-month period to employees of agrichemical businesses, custom harvesters, farm retail outlets and suppliers, including retailers and suppliers of trees, and livestock feeders.
6. Pursuant to the limitations imposed by 49 Code of Federal Regulations part 383.3, the holder of a class A commercial driver’s license is exempt from the hazardous materials endorsement, if the licenseholder is:
   1. Acting within the scope of the licenseholder’s employment, and within the state of domicile, or another state with a hazardous materials enforcement exemption, as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and
   2. Operating a service vehicle that is transporting diesel in a quantity of one thousand gallons [3785 liters] or less which is clearly marked with “flammable” or “combustible” placard, as appropriate.
7. In accordance with title 49, Code of Federal Regulations, part 384, section 230, the department may not issue a commercial driver’s license to an individual who obtains a commercial learner’s permit unless the individual complies with title 49, Code of Federal Regulations, part 380, subpart F.

Source: S.L. 1989, ch. 461, § 4; 2001, ch. 345, § 1; 2003, ch. 312, § 5; 2007, ch. 326, § 1; 2007, ch. 327, § 1; 2013, ch. 298, § 3; 2013, ch. 299, § 1; 2015, ch. 265, § 2, effective August 1, 2015; 2017, ch. 267, § 1, effective March 9, 2017; 2019, ch. 320, § 1, effective August 1, 2019.

Effective Date.

The 2015 amendment of this section by section 2 of chapter 265, S.L. 2015 became effective August 1, 2015.

39-06.2-07. Commercial driver’s license qualification standards.

1. An individual may not be issued a commercial driver’s license unless that individual is a resident of this state; has passed a knowledge and skills test that may include a skills test or knowledge test administered by another state or skills test or knowledge test results electronically submitted by another state, for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 CFR part 383, subparts G and H; and has satisfied all other requirements of state and federal law, including the Commercial Motor Vehicle Safety Act. The tests must be prescribed and conducted by the director. The applicant shall pay the fee listed in section 39-06.2-19 for each of the tests.
2. The director may authorize third-party testing, if:
   1. The test is the same as that which would otherwise be administered by this state; and
   2. The third party has entered an agreement with this state which complies with requirements of 49 CFR part 383.75.
3. The director may waive the skills test specified in this section for a commercial driver’s license applicant who meets the requirements of 49 CFR part 383.77.
4. A commercial driver’s license or commercial learner’s permit may not be issued to an individual while the individual is subject to a disqualification from driving a commercial motor vehicle or while the individual’s driver’s license is suspended, revoked, or canceled in any state. A commercial driver’s license may not be issued to an individual who has a commercial driver’s license issued by any other state unless the individual first surrenders all licenses from other states. The director shall notify the issuing state of the surrender of the license.
5. An individual who has been a resident of this state for thirty days may not drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction.
6. 1. A commercial learner’s permit may be issued to an individual who holds a valid class D operator’s license who has passed the vision and written tests required for an equivalent commercial driver’s license.
   2. The commercial learner’s permit may not be issued for a period to exceed one year. After this initial period, the director may issue a letter of authority that authorizes the applicant to drive to a driver’s license office, complete the road test, and return home, or the individual may retake the knowledge test and be issued another commercial learner’s permit valid for one year. The holder of a permit, unless otherwise disqualified, may drive a commercial motor vehicle only when accompanied by the holder of a commercial driver’s license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. A holder of a permit is not eligible for a license until that individual has had the permit issued for at least fourteen days.
7. A commercial learner’s permitholder may not operate a commercial motor vehicle:
   1. Transporting passengers requiring a passenger endorsement;
   2. Transporting passengers requiring a schoolbus endorsement;
   3. Requiring a tank vehicle endorsement unless the tank is empty and does not contain residue of hazardous materials; or
   4. Transporting hazardous materials, regardless of need for hazardous materials endorsement.

Source: S.L. 1989, ch. 461, § 4; 2011, ch. 278, § 4; 2013, ch. 298, § 4; 2013, ch. 300, § 1; 2015, ch. 266, § 1, effective August 1, 2015; 2019, ch. 320, § 2, effective August 1, 2019; 2019, ch. 321, § 1, effective August 1, 2019; 2021, ch. 280, § 4, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 1 of chapter 266, S.L. 2015 became effective August 1, 2015.

Note.

Section 39-06.2-07 was amended 2 times by the 2019 Legislative Assembly. Pursuant to Section 1-02-09.1, the section is printed above to harmonize and give effect to the changes made in Section 2 of Chapter 320, Session Laws 2019, House Bill 1098; and Section 1 of Chapter 321, Session Laws 2019, Senate Bill 2121.

39-06.2-08. Application for commercial driver’s license.

1. The application for a commercial driver’s license or commercial learner’s permit must include the following:
   1. The full name and current residence and mailing address of the applicant;
   2. A physical description of the applicant, including sex, height, weight, and eye and hair color;
   3. Date of birth;
   4. The applicant’s social security number, unless the application is for a nondomiciled commercial driver’s license and the applicant is a resident of a foreign jurisdiction;
   5. The applicant’s signature;
   6. The certifications including those required by 49 CFR part 383.71;
   7. Any other information required by the director; and
   8. A consent to release driving record information.
2. The application must be accompanied by an application fee listed in section 39-06.2-19. The application must contain any other information as the director may require to improve identity security. The director shall require an applicant for a commercial license or commercial learner’s permit to provide documentary evidence that confirms to the satisfaction of the director the true identity, date of birth, and legal presence of the applicant and provide a social security card or other satisfactory evidence of a social security number and proof of residence address, if not previously provided or if there are changes to the information already on file.
3. When the holder of a commercial driver’s license changes the holder’s name or residence address, an application for a substitute license must be made under section 39-06-18.
4. Any individual who knowingly falsifies information or certifications required under subsection 1 is subject to suspension, revocation, cancellation, or disqualification of the individual’s commercial driver’s license or pending application for a period of at least sixty consecutive days.

Source: S.L. 1989, ch. 461, § 4; 2009, ch. 329, § 5; 2009, ch. 334, § 2; 2011, ch. 278, § 5; 2013, ch. 298, § 5; 2013, ch. 300, § 2; 2017, ch. 256, § 9, effective August 1, 2017.

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:
   1. Interstate and subject to 49 CFR part 391.
   2. Interstate, but operating exclusively in transportation or operations excepted under 49 CFR part 390.3(f), 391.2, 391.68, or 398.3.
   3. Intrastate and subject to state driver’s qualification requirements.
   4. 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.

Source: S.L. 2011, ch. 278, § 3; 2013, ch. 298, § 6.

39-06.2-09. Commercial driver’s license.

1. The commercial driver’s license must be marked “commercial driver’s license”, and must be, to the maximum extent practicable, tamper proof. The license must include the following information:
   1. The name and residential address of the individual;
   2. The individual’s color photograph;
   3. A physical description of the individual, including sex, height, and eye color;
   4. Date of birth;
   5. A distinguishing number assigned to the individual;
   6. The individual’s signature;
   7. The class or type of commercial motor vehicle or vehicles which the individual is authorized to drive together with any endorsements or restrictions;
   8. The name of this state; and
   9. The dates between which the license is valid.
2. The director may issue a nondomiciled commercial driver’s license under the limitations of 49 CFR 383 including waiving the social security number requirement. The face of the license must be marked “nondomiciled” in accordance with 49 CFR 383.153(c).
3. Commercial driver’s licenses may be issued with the following classifications, endorsements, and restrictions. The holder of a valid commercial driver’s license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles. Vehicles for which an endorsement is required may not be driven unless the proper endorsement appears on the license. The requirements of placarding vehicles transporting hazardous materials under subparagraph b of paragraph 3 of subdivision a and the endorsement required under paragraph 1 of subdivision b do not apply to the operator of a farm vehicle if the vehicle is controlled and operated by a farmer and used to transport hazardous materials in the form of farm supplies within one hundred fifty miles [241.40 kilometers] of the farm and is not used in the operations of a common or contract carrier.
   1. The classifications of commercial driver’s licenses are:
      1. A class A license. This license allows the operation of any combination of vehicles with a gross vehicle weight rating of more than twenty-six thousand pounds [11793.40 kilograms], if the gross vehicle weight rating of the vehicles being towed is in excess of ten thousand pounds [4535.92 kilograms].
      2. A class B license. This license allows the operation of a single vehicle with a gross vehicle weight rating of more than twenty-six thousand pounds [11793.40 kilograms], and this vehicle towing a vehicle not in excess of ten thousand pounds [4535.92 kilograms].
      3. A class C license. This license allows the operation of a single vehicle with a gross vehicle weight rating of twenty-six thousand pounds [11793.40 kilograms] or less or this vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand pounds [4535.92 kilograms] comprising:
         1. Vehicles designed to transport sixteen or more passengers, including the driver; and
         2. Vehicles used in the transportation of hazardous materials which requires the vehicle to be placarded under 49 CFR part 172, subpart F.
   2. Endorsements and restrictions include:
      1. “H” that authorizes the driver to drive a vehicle transporting hazardous materials.
      2. “T” that authorizes driving double and triple trailers.
      3. “P” that authorizes driving vehicles carrying passengers.
      4. “N” that authorizes driving tank vehicles.
      5. “X” that authorizes driving combinations of tank vehicles and hazardous material vehicles.
      6. “S” that authorizes driving a schoolbus.
   3. Other restrictions may be placed upon a commercial driver’s license, under section 39-06-17. The applicant shall pay a fee listed in section 39-06.2-19 for each endorsement.
4. Before issuing a commercial driver’s license, the director shall obtain driving record information through the commercial driver’s license information system, the national driver’s register, and from each state in which the individual has been licensed.
5. Within ten days after issuing a commercial driver’s license, the director shall notify the commercial driver’s license information system of that fact, providing all information required to ensure identification of the individual.
6. A commercial driver’s license issued under this chapter expires in the manner provided for operator’s licenses under section 39-06-19.
7. An individual applying for renewal of a commercial driver’s license must complete the application form required by subsection 1 of section 39-06.2-08, and provide updated information and required certifications. For an applicant to retain a hazardous materials endorsement, the applicant must take and pass the written test for a hazardous materials endorsement.
8. A class A, B, or C license may not be issued to an individual under eighteen years of age, except a class A, B, or C type license specially restricted to use for custom harvest purposes must be issued to an individual at least sixteen years of age who satisfactorily completes the appropriate examinations.

Source: S.L. 1989, ch. 461, § 4; 2001, ch. 37, § 6; 2001, ch. 344, § 2; 2009, ch. 328, § 3; 2009, ch. 334, § 3; 2013, ch. 291, § 60, ch. 298, § 7; 2013, ch. 300, § 3; 2013.

39-06.2-09.1. Nondomiciled commercial license.

1. The department may issue a nondomiciled commercial driver’s license to an applicant who does not present a social security card as required by section 39-06.2-08 but who otherwise meets the requirements for a nondomiciled commercial driver’s license. A license issued under this subsection is valid only during the period of time of the applicant’s authorized stay in the United States. The license may be renewed only upon presentation of valid documentary evidence that the status has been extended. The department shall renew without a skills or knowledge test a nondomiciled commercial license that has been expired for a duration not longer than one year.
2. The fee for a nondomiciled commercial driver’s license is listed in section 39-06.2-19.

Source: S.L. 2009, ch. 334, § 4; 2013, ch. 298, § 8; 2013, ch. 300, § 4.

39-06.2-10. Disqualification and cancellation.

1. An individual is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of:
   1. Driving a commercial motor vehicle under the influence of alcohol or drugs;
   2. Leaving the scene of an accident involving a commercial motor vehicle driven by the individual in violation of section 39-08-04, 39-08-05, 39-08-07, or 39-08-09;
   3. Using a commercial motor vehicle in the commission of any felony as defined in this chapter;
   4. Refusal to submit to a test to determine the driver’s alcohol concentration while driving a commercial motor vehicle; or
   5. Driving or being in actual physical control of a commercial motor vehicle while the alcohol concentration of the individual’s blood, breath, or urine is four one-hundredths of one percent or more by weight.
2. An individual is disqualified for a period of not less than sixty days for providing false information to the department related to the issuance of a commercial permit or commercial license or for a period of not less than one year if convicted of fraud related to the issuance of a commercial driver’s permit or license.
3. An individual is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection 1, 8, 10, or 12, or any combination of those offenses, arising from two or more separate incidents. Only offenses committed while operating a commercial motor vehicle after July 1, 1989, may be considered in applying this subsection. Only offenses committed while operating a noncommercial motor vehicle after August 1, 2003, may be considered in applying this subsection.
4. The director may adopt rules under section 39-06.2-14, establishing guidelines, including conditions, under which a disqualification for life under subsections 3, 9, 11, and 13 may be reduced to a period of not less than ten years.
5. An individual is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
6. An individual is disqualified from driving a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
7. Disqualification for railroad-highway grade crossing violation:
   1. A driver who is convicted of driving a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to any one of the following six offenses at a railroad-highway grade crossing is disqualified for the period of time specified in subdivision b:
      1. For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
      2. For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
      3. For drivers who are always required to stop, failing to stop before driving onto the crossing;
      4. For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
      5. For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; and
      6. For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
   2. Duration of disqualification for a railroad-highway grade crossing violation:
      1. A driver is disqualified for not less than sixty days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.
      2. A driver is disqualified for not less than one hundred twenty days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in separate incidents.
      3. A driver is disqualified for not less than one year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.
8. For a first conviction of driving while under the influence of alcohol or being under the influence of a controlled substance or refusal to be tested while operating a noncommercial motor vehicle, a holder of a commercial driver’s license or learner’s permit must be disqualified from operating a commercial motor vehicle for one year.
9. For a second or subsequent conviction of driving while under the influence or being under the influence of a controlled substance or refusal to be tested while operating a noncommercial motor vehicle, a holder of a commercial driver’s license or learner’s permit must be disqualified from operating a commercial motor vehicle for life.
10. For a first conviction for leaving the scene of an accident while operating a noncommercial motor vehicle, a holder of a commercial driver’s license or learner’s permit must be disqualified from operating a commercial motor vehicle for one year.
11. For a second or subsequent conviction for leaving the scene of an accident while operating a noncommercial motor vehicle, a holder of a commercial driver’s license or learner’s permit must be disqualified from operating a commercial motor vehicle for life.
12. For a first conviction for using a vehicle to commit a felony while operating a noncommercial motor vehicle, a holder of a commercial driver’s license or learner’s permit must be disqualified from operating a commercial motor vehicle for one year.
13. For a second or subsequent conviction for using a vehicle to commit a felony while operating a noncommercial motor vehicle, a holder of a commercial driver’s license or learner’s permit must be disqualified from operating a commercial motor vehicle for life.
14. For a conviction for using a vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance while operating a commercial motor vehicle or a noncommercial motor vehicle, a holder of a commercial driver’s license or learner’s permit must be disqualified from operating a commercial motor vehicle for life.
15. An individual who is convicted of using a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of trafficking of persons as defined in the federal Trafficking Victims Protection Reauthorization Act of 2017 [Pub. L. 115-427, 132 Stat. 5503; 22 U.S.C. 7102] is disqualified permanently from driving a commercial motor vehicle, without the possibility of reinstatement.
16. For a second conviction of any combination of two serious traffic violations, in a separate incident within a three-year period while operating a noncommercial vehicle, a learner’s permit or commercial driver’s license holder must be disqualified from operating a commercial motor vehicle, if the conviction results in the revocation, cancellation, or suspension of the learner’s permit or commercial driver’s license holder’s license or noncommercial driving privileges, for a period of sixty days.
17. For a third or subsequent conviction of any combination of serious traffic violations, in a separate incident within a three-year period while operating a noncommercial motor vehicle, a person required to have a learner’s permit or commercial driver’s license and a learner’s permit or commercial driver’s license holder must be disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
18. Before suspending, revoking, or disqualifying a driver under this section, the director must provide the driver with notice of opportunity for hearing, in accordance with section 39-06-33, and the hearing requested must be held in accordance with section 39-06-33.
19. After suspending, revoking, disqualifying, or canceling a commercial driver’s license, the director shall update the director’s records to reflect that action within ten days. After suspending, revoking, or canceling a nondomiciled commercial driver’s privileges, the director shall notify the licensing authority of the state that issued the commercial driver’s license or commercial learner’s permit within ten days.
20. A foreign commercial driver is subject to disqualification under this section.

If any of the above violations occurred while transporting a hazardous material required to be placarded, the individual is disqualified for a period of not less than three years.

Source: S.L. 1989, ch. 461, § 4; 1993, ch. 383, § 3; 2001, ch. 344, § 3; 2003, ch. 322, § 5; 2005, ch. 329, § 6; 2007, ch. 326, § 2; 2009, ch. 328, § 4; 2011, ch. 271, § 14; 2013, ch. 298, § 9; 2015, ch. 265, § 3, effective August 1, 2015; 2019, ch. 321, § 2, effective August 1, 2019; 2021, ch. 292, § 1, effective August 1, 2021.

Effective Date.

The 2015 amendment of this section by section 3 of chapter 265, S.L. 2015 became effective August 1, 2015.

39-06.2-10.1. Prohibited alcohol offenses for commercial motor vehicle drivers.

Any person who drives or is in actual physical control of a commercial motor vehicle within this state with an alcohol concentration of at least four one-hundredths of one percent by weight must, in addition to any other sanctions which may be imposed under this code, be disqualified from driving a commercial motor vehicle under section 39-06.2-10.

Source: S.L. 1993, ch. 383, § 4.

39-06.2-10.2. Implied consent requirements for commercial motor vehicle drivers.

1. A person who drives or is in actual physical control of a commercial motor vehicle within this state is deemed to have given consent to take a test or tests of that person’s blood, breath, or urine for the purpose of determining that person’s alcohol concentration, or the presence of other drugs. The result of any test administered within two hours of driving or being in actual physical control of a commercial motor vehicle is that person’s alcohol concentration. The test must be conducted pursuant to the provisions of section 39-20-07.
2. A test or tests may be administered at the direction of a law enforcement officer who, after stopping or detaining the commercial motor vehicle driver, has probable cause to believe that driver was driving a commercial motor vehicle while having alcohol or drugs in the driver’s system.
3. A person requested to submit to a test as provided in subsection 1 or 5 must be warned by the law enforcement officer requesting the test that a refusal to submit to the test will result in that person being immediately placed out of service for a period of twenty-four hours and being disqualified from operating a commercial motor vehicle for a period of not less than one year under section 39-06.2-10.
4. If the person refuses testing, or submits to a test that discloses an alcohol concentration of at least four one-hundredths of one percent by weight, the law enforcement officer must submit a certified report to the director certifying that the test was requested pursuant to subsection 1 or 5 and that the person refused to submit to testing, or submitted to a test under subsection 1 which disclosed an alcohol concentration of at least four one-hundredths of one percent by weight.
5. A person who drives or is in actual physical control of a commercial motor vehicle within this state is deemed to have given consent to an onsite alcohol screening test under section 39-20-14.
6. Upon receipt of the certified report of a law enforcement officer submitted under subsection 4, the director must disqualify the driver from driving a commercial motor vehicle under section 39-06.2-10.

Source: S.L. 1993, ch. 383, § 5.

39-06.2-10.3. Action following test result for a resident driver.

If a person submits to a test under section 39-06.2-10.2 and the test shows that person to have an alcohol concentration of at least four one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a commercial motor vehicle, the following procedures apply:

1. When a breath sample test result derived under section 39-20-07 reveals a resident driver to have an alcohol concentration of at least four one-hundredths of one percent by weight, the law enforcement officer shall immediately issue the driver an out-of-service order as provided for in section 39-06.2-10.9. If the driver then has valid driving privileges, the law enforcement officer must issue to the driver a temporary driver’s permit, in accordance with section 39-06.2-10.8.
2. If a test administered under section 39-06.2-10.2 was by a urine or blood sample and the person tested is not a resident of an area in which the law enforcement officer has jurisdiction, the law enforcement officer shall, on receiving the analysis of the sample by the director of the state crime laboratory or the director’s designee showing that person had an alcohol concentration of at least four one-hundredths of one percent by weight, either proceed in accordance with subsection 1 during that person’s reappearance within the officer’s jurisdiction or notify a law enforcement agency having jurisdiction where the person lives. On that notification, that law enforcement agency shall immediately issue to that person a temporary driver’s permit according to section 39-06.2-10.8.
3. The halting officer, within five days of the issuance of the temporary driver’s permit, shall forward to the director a certified written report in the form required by the director and the person’s commercial driver’s license taken under subsection 1 or 2. If the person was issued a temporary driver’s permit because of the results of a test, the report must show that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle while in violation of section 39-06.2-10.1, that the person was lawfully detained, that the person was tested for alcohol concentration under this chapter, and that the results of the test show that the person had an alcohol concentration of at least four one-hundredths of one percent by weight. In addition to the commercial driver’s license and report, the law enforcement officer must forward to the director a certified copy of the operational checklist and test records of a breath test and a copy of the certified copy of the analytical report for a blood or urine test for all tests administered at the direction of the officer.

Source: S.L. 1993, ch. 383, § 6; 2005, ch. 195, § 14; 2011, ch. 271, § 15.

39-06.2-10.4. Action following test result or refusal of testing by nonresident driver.

If a driver licensed in another state refuses, in this state, a test provided under section 39-06.2-10.2 or submits to a test under section 39-06.2-10.2, and the test results show an alcohol concentration of at least four one-hundredths of one percent by weight, the following procedures apply:

1. When a breath sample test result, derived under section 39-20-07, reveals the driver to have alcohol concentration of at least four one-hundredths of one percent by weight, the halting officer, without taking possession of the person’s out-of-state driver’s license, shall inform the driver of the test results and issue an out-of-service order according to section 39-06.2-10.9 and a temporary driver’s permit according to section 39-06.2-10.8.
2. When a urine or blood sample test result, derived under section 39-20-07, reveals an alcohol concentration of at least four one-hundredths of one percent by weight, the halting officer shall mail the person a temporary driver’s permit issued according to section 39-06.2-10.8 and a notice as provided under section 39-06.1-07.
3. The law enforcement officer, within five days of issuing the temporary driver’s permit, shall forward to the director a certified written report in the form required by the director and a certified copy of the operational checklist and test records of a breath test and a copy of the certified copy of the analytical report for a blood or urine test for all tests administered at the direction of the officer. If the person was issued a temporary driver’s permit because of the person’s refusal to submit to a test under sections 39-06.2-10.2 and 39-20-14, the report must include information as provided in section 39-06.2-10.3. If the person was issued a temporary driver’s permit because of the results of a test, the report must show that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle while in violation of section 39-06.2-10.1, that the person was lawfully detained, that the person was tested for alcohol concentration under this chapter, and that the results of the test show that the person had an alcohol concentration of at least four one-hundredths of one percent by weight.

Source: S.L. 1993, ch. 383, § 7.

Collateral References.

Mental incapacity as justifying refusal to submit to tests for driving while intoxicated, 76 A.L.R.5th 597.

39-06.2-10.5. Revocation of privilege to drive commercial motor vehicle upon refusal to submit to testing.

If a person refuses to submit to testing under section 39-06.2-10.2, the law enforcement officer shall immediately take possession of the person’s driver’s license and issue to that person a temporary driver’s permit. The director, upon the receipt of that person’s driver’s license and a certified written report of the law enforcement officer in the form required by the director, forwarded by the officer within five days after issuing the temporary driver’s permit, showing that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle while in violation of section 39-06.2-10.1 or, had reason to believe that the person committed a moving traffic violation or was involved in a traffic accident as a driver, and in conjunction with the violation or accident the officer has, through the officer’s observations, formulated an opinion that the person’s body contains alcohol, that the person was lawfully detained, and that the person had refused to submit to the screening test under section 39-06.2-10.2, shall revoke that person’s commercial driver’s license or permit to drive and any nondomiciled commercial driver’s privilege for the appropriate period under section 39-06.2-10, or if the person is a resident without a commercial driver’s license or permit, the director shall deny to the person the issuance of a commercial driver’s license or permit for the appropriate period under section 39-06.2-10 after the date of the alleged violation, subject to the opportunity for a prerevocation hearing and postrevocation review as provided in this chapter. In the revocation of the person’s driver’s license the director shall give credit for time in which the person was without a driver’s license after the day of the person’s refusal to submit to the test except that the director may not give credit for time in which the person retained driving privileges through a temporary driver’s permit.

Source: S.L. 1993, ch. 383, § 8; 2013, ch. 298, § 10.

Collateral References.

Mental incapacity as justifying refusal to submit to tests for driving while intoxicated, 76 A.L.R.5th 597.

39-06.2-10.6. Administrative hearing on request.

1. Before issuing an order of suspension, revocation, or disqualification under section 39-06.2-10, the director shall afford that person an opportunity for a hearing as provided by section 39-20-05, if the person mails a request for the hearing to the director within ten days after the date of issuance of the temporary driver’s permit.
2. If the issue to be determined by the hearing concerns license suspension for operating a commercial motor vehicle while having an alcohol concentration of at least four one-hundredths of one percent by weight, the hearing must be before a hearing officer assigned by the director and at a time and place designated by the director. The hearing must be recorded and its scope may cover only the issues of whether the arresting officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle in violation of section 39-06.2-10.1, whether the person was lawfully detained, whether the person was tested in accordance with section 39-06.2-10.2, and whether the test results show the person had an alcohol concentration of at least four one-hundredths of one percent by weight. For purposes of this section, a copy of a certified copy of an analytical report of a blood or urine sample from the office of the director of the state crime laboratory or the director’s designee, or a certified copy of the checklist and test records from a certified breath test operator establish prima facie the alcohol concentration shown therein. Whether the person was warned that the privilege to drive might be suspended based on the results of the test is not an issue.
3. If the issue to be determined by the hearing concerns license revocation for refusing to submit to a test under section 39-06.2-10.2, the hearing must be before a hearing officer assigned by the director at a time and place designated by the director. The hearing must be recorded. The scope of a hearing for refusing to submit to a test under section 39-06.2-10.2 may cover only the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a commercial motor vehicle in violation of section 39-06.2-10.1, whether the person was lawfully detained, and whether that person refused to submit to the test or tests. The scope of a hearing for refusing to submit to a test under subsection 3 of section 39-06.2-10.4 may cover only the issues of whether the law enforcement officer had reason to believe the person committed a moving traffic violation or was involved in a traffic accident as a driver, whether in conjunction with the violation or the accident the officer has, through the officer’s observations, formulated an opinion that the person’s body contains alcohol and, whether the person refused to submit to the onsite screening test. Whether the person was warned that the privilege to drive would be revoked or denied for refusal to submit to the test or tests is not an issue.
4. At a hearing under this section, the regularly kept records of the director and the state crime laboratory may be introduced. Those records establish prima facie their contents without further foundation. For purposes of this chapter, the following are deemed regularly kept records of the director and the state crime laboratory:
   1. Any copy of a certified copy of an analytical report of a blood or urine sample received by the director from the director of the state crime laboratory or the director’s designee or a law enforcement officer, a certified copy of the checklist and test records received by the director from a certified breath test operator; and
   2. Any copy of a certified copy of a certificate of the director of the state crime laboratory or the director’s designee relating to approved methods, devices, operators, materials, and checklists used for testing for alcohol concentration received by the director from the director of the state crime laboratory or the director’s designee, that have been electronically posted with the state crime laboratory division of the attorney general at the attorney general website.
5. At the close of the hearing, the hearing officer shall notify the person of the hearing officer’s findings of fact, conclusions of law, and decision based on the findings and conclusions and shall immediately deliver to the person a copy of the decision. If the hearing officer does not find in favor of the person, the copy of the decision serves as the director’s official notification to the person of the revocation, suspension, or denial of driving privileges in this state. If the hearing officer finds, based on a preponderance of the evidence, that the person refused a test under section 39-06.2-10.2 or that the person had an alcohol concentration of at least four one-hundredths of one percent by weight, the hearing officer shall immediately take possession of the person’s temporary driver’s permit issued under this chapter. If the hearing officer does not find against the person, the hearing officer shall sign, date, and mark on the person’s permit an extension of driving privileges for the next twenty days and shall return the permit to the person. The hearing officer shall report the findings, conclusions, and decisions to the director within ten days of the conclusion of the hearing. If the hearing officer has determined in favor of the person, the director shall return the person’s commercial driver’s license by regular mail to the address on file with the director under section 39-06.2-08.
6. If the person who requested a hearing under this section fails to appear at the hearing without justification, the right to the hearing is waived, and the hearing officer’s determination on license revocation, suspension, or denial will be based on the written request for hearing, law enforcement officer’s report, and other evidence as may be available. On the date for which the hearing is scheduled, the hearing officer shall mail to the person, by regular mail, at the address on file with the director under section 39-06-20, or at any other address for the person or the person’s legal representative supplied in the request for hearing, a copy of the decision which serves as the director’s official notification to the person of the revocation, suspension, or denial of driving privileges in this state. Even if the person for whom the hearing is scheduled fails to appear at the hearing, the hearing is deemed to have been held on the date for which it is scheduled for purposes of appeal under section 39-06.2-10.7.
7. A hearing under this section may be conducted in whole or in part by telephone, television, virtual online interface, or other electronic means with the consent of the licensee. A hearing officer may provide a notice, decision, or order under this section by mail or other means as authorized by the director.

Source: S.L. 1993, ch. 383, § 9; 1999, ch. 278, § 61; 2001, ch. 120, § 1; 2005, ch. 195, § 15; 2011, ch. 288, § 12; 2021, ch. 290, § 2, effective August 1, 2021.

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.

Source: S.L. 1993, ch. 383, § 10; 2001, ch. 293, § 17.

39-06.2-10.8. Temporary driver’s permit.

A temporary driver’s permit extends driving privileges for twenty-five days, unless earlier terminated by the decision of a hearing officer under section 39-06.2-10.6. The law enforcement officer must sign and note the date of issuance on the temporary driver’s permit. The temporary driver’s permit serves as the director’s official notification to the driver of the director’s intent to revoke, suspend, or deny driving privileges in this state. No temporary driver’s permit may be issued for the period covered by an out-of-service order.

Source: S.L. 1993, ch. 383, § 11.

39-06.2-10.9. Out-of-service order — Rules.

The director shall adopt rules for the issuance and enforcement of out-of-service orders. The rules must be in accordance with the standards and requirements of the federal Commercial Motor Vehicle Safety Act of 1986 [Pub. L. 99-570; 100 Stat. 3207-179; 49 App. U.S.C. 2708] and 49 CFR parts 383 and 392.

Source: S.L. 1993, ch. 383, § 12.

39-06.2-11. License reissuance — Class D license.

The director may issue a class D driver’s license to a driver suspended, revoked, or disqualified under this chapter when:

1. The suspension, revocation, or disqualification arises from a violation under this chapter which would not require similar sanctions under chapter 39-06, 39-06.1, or 39-20.
2. The period of suspension, revocation, or disqualification imposed for a violation under this chapter is greater than that which could have been imposed under chapter 39-06, 39-06.1, or 39-20 for the same violation, and the period of suspension or revocation provided for under chapter 39-06, 39-06.1, or 39-20 has been satisfied under the existing suspension or revocation.

Source: S.L. 1989, ch. 461, § 4; 1993, ch. 383, § 13.

39-06.2-12. Notification of traffic convictions.

Within ten days after receiving a report of the conviction of any nondomiciled holder of a commercial driver’s license for any violation of state or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the director shall notify the driver’s licensing authority in the licensing state of the conviction.

Source: S.L. 1989, ch. 461, § 4; 2013, ch. 298, § 11.

39-06.2-13. Driving record information to be furnished. [Repealed]

Repealed by S.L. 1991, ch. 421, § 1.

39-06.2-13.1. Driving record information to be provided.

Notwithstanding any other provision of law and upon payment of a fee listed in section 39-06.2-19, the director shall provide full information regarding the driving record of an individual who has been issued a commercial driver’s license to an employer or to a prospective employer if the individual has given written consent to the prospective employer for this information.

Source: S.L. 2003, ch. 322, § 1; 2013, ch. 300, § 5.

39-06.2-14. Rulemaking authority.

The director may, pursuant to chapter 28-32, adopt any rules necessary to carry out the provisions of this chapter.

Source: S.L. 1989, ch. 461, § 4.

39-06.2-15. Authority to enter agreements.

The director may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.

Source: S.L. 1989, ch. 461, § 4.

39-06.2-16. Reciprocity.

1. Notwithstanding any other provision of law, an individual may drive a commercial motor vehicle in this state if the individual has a valid commercial driver’s license or commercial learner’s permit issued by any state, province or territory of Canada, or licencia federal de conductor issued by Mexico in accordance with the minimum federal standards for the issuance of a commercial motor vehicle driver’s license, if the individual’s license or permit is not suspended, revoked, or canceled, and if the individual is not disqualified from driving a commercial motor vehicle.
2. The director must give all out-of-state convictions full faith and credit if the driver is licensed by this state at the time of the conviction or becomes licensed by this state at a later time and treat them for sanctioning purposes under this chapter as if they occurred in this state. For purposes of this section, originals, photostatic copies, or electronic transmissions of the records of the driver’s licensing or other authority of the other jurisdiction are sufficient evidence whether or not they are certified copies.

Source: S.L. 1989, ch. 461, § 4; 2003, ch. 312, § 6; 2007, ch. 326, § 3; 2013, ch. 298, § 12.

39-06.2-17. Hours of service exemption — Transportation of agricultural commodities. [Repealed]

Source: S.L. 1997, ch. 339, § 1; 1999, ch. 345, § 1; repealed by 2021, ch. 280, § 7, effective August 1, 2021.

39-06.2-18. Imminent hazard disqualification — Records.

A disqualification imposed in accordance with the provisions of 49 CFR part 383.52 relating to notification from the federal motor carrier safety administration that the driver is disqualified from driving a commercial motor vehicle and is determined to constitute an imminent hazard becomes a part of the driver’s record maintained by the director.

Source: S.L. 2003, ch. 322, § 2.

39-06.2-19. Fees — Deposit in highway fund.

1. All money received under this chapter must be paid monthly to the highway fund in the state treasury.
2. The fee for:
   1. A commercial driver’s license test is five dollars.
   2. An application for a commercial driver’s license or permit is fifteen dollars.
   3. Each endorsement is three dollars.
   4. A nonresident commercial driver’s license is twenty dollars.
   5. The driving record for an employer or prospective employer is three dollars.

Source: S.L. 2013, ch. 300, § 6.

39-07-01. Bicycle or ridden animal to be deemed vehicle.

For the purposes of chapters 39-08 through 39-13, a bicycle or a ridden animal must be deemed a vehicle.

Source: S.L. 1927, ch. 162, § 1, subs. a; R.C. 1943, § 39-0701.

39-07-02. Owner of property used for vehicular travel may prohibit or require additional conditions to use.

The provisions of chapters 39-08 through 39-13, and chapter 39-21, may not be construed to prevent the owner of real property used by the public for purposes of vehicular travel, by the permission of such owner and not as a matter of right, from prohibiting such use nor from requiring different or additional conditions other than those specified in such chapters or otherwise regulating such use as may seem best to such owner.

Source: S.L. 1927, ch. 162, § 34; R.C. 1943, § 39-0702; S.L. 1963, ch. 283, § 3.

39-07-03. Through highways designated by director and local authorities — Stop and yield intersections.

The director with reference to state highways, and local authorities, with reference to highways under their jurisdiction, may, by proclamation, designate as through highways, any highway, street, or part thereof, and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersection.

Source: S.L. 1927, ch. 162, § 21; R.C. 1943, § 39-0703; S.L. 1961, ch. 202, § 2; 1963, ch. 283, § 4.

39-07-03.1. Uniform traffic lights prescribed by commissioner — Prohibition. [Repealed]

Repealed by S.L. 1953, ch. 177, § 120.

39-07-04. Powers of local authorities. [Repealed]

Repealed by S.L. 1975, ch. 349, § 41.

39-07-05. Persons working on highways — Exceptions.

Unless specifically made applicable, the provisions of chapters 39-08, 39-09, 39-10, and 39-12, except sections 39-08-01, 39-08-03, and 39-08-19, do not apply to persons, motor vehicles, and other equipment while actually engaged in work upon a highway, but do apply to such persons and vehicles when traveling to or from such work.

Source: S.L. 1927, ch. 162, § 32; R.C. 1943, § 39-0705; S.L. 1963, ch. 283, § 6; 1965, ch. 266, § 2; 1975, ch. 349, § 4.