Title 39, Motor Vehicles

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.

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…

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…

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 identi…

The registration issued for a vehicle must be in the driver's vehicle or on an electronic device in the possession of the driver 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, a…

It is a class A misdemeanor for any person to: 1. Alter with fraudulent intent any registration card or temporary registration permit issued by the department; 2. Forge or counterfeit any registration card or temporary registration permit purporting to have been issued by the dep…

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.

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.

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 demonstra…

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 th…

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: a. A full description of the vehicle, including the name of the manufacturer, model year if the model year is known, either the engine, serial, …

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.

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 in paper o…

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…

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: a. The certificate of title was fraudulently procured or erroneousl…

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 int…

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'…

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…

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 mo…

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…

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 m…

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 t…

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 t…

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 depart…

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 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 fro…

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 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…

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.

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.…

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…

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

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.

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

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.

1. a. 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…

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…

1. The director shall cancel the operator's license of an individual who has committed acts resulting in an accumulated point total in excess of five points as provided for a violation under section 39-06.1-10 if: a. The acts or offenses were committed while the individual was a …

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 do…

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 …

1. The following individuals are exempt from having an operator's license: a. An employee of the United States government while operating a motor vehicle owned by or leased to that government and being operated on official business. b. A nonresident who is at least sixteen years …

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 a…

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 co…

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 dr…

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 drivi…

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 ap…