Title 39 — Motor Vehicles

1. For a motor vehicle manufactured after July 31, 2005, variable load suspension or retractable axles, or both, raised or lowered by air, hydraulic, or other pressure must have the lock or pressure regulator valve, or both, positioned outside the cab and inaccessible from the dr…

A single unit vehicle or any vehicle in combination may not be equipped with more than four axles unless the additional axles are steerable, castering, or pivoting axles.

Repealed by S.L. 2009, ch. 341, § 1.

1. As used in this section: a. "Airbag" means an inflatable occupant restraint system device in a motor vehicle which is part of a supplemental restraint system. b. "Counterfeit supplemental restraint system component" means a replacement supplemental restraint system component t…

Repealed by S.L. 1987, ch. 439, § 2.

Repealed by S.L. 2001, ch. 337, § 19.

Repealed by S.L. 1983, ch. 451, § 2. 39-22-04. Grounds for denial, suspension, cancellation, or revocation of dealer's license. The director may deny an application for a dealer's license or suspend, revoke, or cancel a dealer's license after it has been granted for making any ma…

Before the issuance of a motor vehicle dealer's license, as provided by law, the applicant for the license shall furnish a continuous surety bond executed by the applicant as principal and executed by a surety company, licensed and qualified to do business within the state of Nor…

Fees from registration of dealers and fees collected from dealers found in violation of this chapter must be deposited with the state treasurer, credited to the dealer enforcement fund, and used exclusively for enforcement of this chapter.

A person who submits a bid to the state, any of its agencies, or any of its political subdivisions to sell any type of motor vehicle is not required to submit a bidder's bond or a certified or cashier's check if that person is already bonded pursuant to section 39-22-05. If the b…

A licensed dealer may establish secondary motor vehicle lots in the conduct of the dealer's business within five miles [8.05 kilometers] of the dealer's established place of business. Secondary lots must be identified as a part of the licensed dealer's operation with a sign displ…

A motor vehicle dealer may not sell a motor vehicle on Sunday. A violation of this section is a class B misdemeanor.

Repealed by S.L. 2001, ch. 337, § 19. 39-22-09. Dealer to file list of used motor vehicles with registrar - Fees paid on used cars by dealer - Delinquency - Penalty. Repealed by S.L. 1977, ch. 369, § 1.

In addition to other powers provided by law, the director has the following powers and duties which must be exercised in conformity with this chapter: 1. To cancel, revoke, or suspend a dealer's license as provided for in section 39-22-04. 2. To prescribe rules and regulations no…

The director or any duly authorized representative may inspect the pertinent books, letters, records, and contracts of any licensed motor vehicle dealer or any other person relating to any complaint made against such dealer or person and held to be in violation of any of the prov…

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. A person may not engage in the business of buying, selling, or exchanging of motor vehicles without possessing a current motor vehicle dealer license. A person may not advertise or otherwise hold out to the public as engaging in the buying, selling, or exchanging of motor vehi…

1. A dealer license may not be issued until the applicant furnishes proof satisfactory to the director that the applicant has, does, and will continue to maintain in North Dakota an established place of business adjacent to the primary motor vehicle display lot maintained by the …

A dealer license issued under this chapter expires on December thirty-first of each year. A licensed dealer may apply for renewal of the dealer's license on forms prescribed by the department and payment of the dealer license and dealer plate fees required by this chapter. The de…

Before the issuance of a motor vehicle dealer license, the applicant must provide proof to the department of a continuous policy of liability insurance for the business operation of the applicant which includes general, business automobile, and sales, repair, or service operation…

1. A motor vehicle dealer may sell a motor vehicle consigned to the dealer by a motor vehicle owner, except when the owner is a licensed motor vehicle dealer, under the terms of a consignment contract between the owner and the dealer. However, a motor vehicle dealer may sell a co…

1. A person may not operate a wholesale or retail auto auction business without being licensed as a motor vehicle dealer. An auto auction operator must keep records related to the seller and purchaser of all vehicles sold through the operator's business for at least two years and…

A manufacturer, importer, or distributor of new motor vehicles, or a subsidiary thereof, may not own, operate, or control a motor vehicle dealership in this state. This section does not apply if: 1. The ownership and operation is for a temporary period not to exceed one year duri…

A manufacturer or franchiser may not offer to sell directly or sell indirectly, any new motor vehicle to a consumer in this state, except through a new motor vehicle dealer holding a franchise for the line make covering the new motor vehicle. This section does not apply to manufa…

A person may not act as, offer to act as, or hold out to be a motor vehicle broker. As used in this section, a broker is a person who, for a fee, commission, or other valuable consideration, arranges or offers to arrange a transaction involving the sale or exchange of a motor veh…

1. A person may engage in the business of conducting a collector motor vehicle auction without obtaining a motor vehicle dealer's license as otherwise required by this chapter if: a. Each motor vehicle sold or offered for sale at the auction is a collector, antique, or special in…

For the purposes of this chapter: 1. "Collector snowmobile" means a snowmobile that is twenty-five years old or older, was originally produced as a separate identifiable make by a manufacturer, and is owned and operated solely as a collector's item. 2. "Dealer" means a person eng…

Except as hereinafter provided, no person may operate any snowmobile unless the snowmobile has been registered in accordance with the provisions of this chapter. Any snowmobile purchased after July 1, 1973, must be titled under the provisions of chapter 39-05 in order to be opera…

1. Application for registration must be made to the department in a form as the department shall prescribe and furnish and must state the name and address of every owner of the snowmobile and be signed by at least one owner. A copy of the application must be carried on the person…

Upon the sale of a new or used snowmobile and in addition to other fees and taxes imposed under section 39-24-03, a dealer shall collect a five dollar safety fee from the buyer. Within fifteen days after the end of each calendar quarter, the dealer shall file a report with the pa…

1. A registration number must be issued without the payment of a fee for snowmobiles owned by the state of North Dakota or any of its political subdivisions upon application for the registration. 2. No registration or fees may be required of: a. Snowmobiles owned and used by the …

No political subdivision of this state may require licensing or registration of snowmobiles subject to the provisions of this chapter.

Pursuant to this code and this chapter, rules for the regulation and use of snowmobiles must be adopted as follows: 1. The director shall adopt rules for the registration of snowmobiles and display of registration numbers. 2. The director has the authority in the interest of publ…

1. No person may operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any road, street, or highway in this state except as provided pursuant to this chapter. No snowmobile may be operated at any time within the right of way of any interstate highway within …

1. An individual under the age of ten may not operate a snowmobile unless the individual operates the snowmobile on private land. An individual ten or eleven years of age may not operate a snowmobile unless the individual operates the snowmobile on private land or the individual …

Peace officers of this state and their respective duly authorized representatives are hereby authorized to enforce the provisions of this chapter.

1. Any person who violates: a. Subsection 12 of section 39-24-09 must be assessed a fee of one hundred dollars; b. Subdivision b or g of subsection 5 of section 39-24-09 is guilty of a class B misdemeanor; c. Subdivision c of subsection 5 of section 39-24-09 is guilty of an infra…

1. "Commercial driver training school" or "school" means a business enterprise conducted by a person for the education and training of individuals, either practically or theoretically, or both, to operate or drive a motor vehicle, and for which accepts consideration or charges tu…

1. The director shall adopt and prescribe regulations concerning the administration and enforcement of this chapter which are necessary to protect the public. The director shall inspect the school facilities, equipment of applicants and licensees, and examine applicants for instr…

The director may waive the skill portion of the driver's license examination if the applicant has successfully completed the classroom instruction and behind-the-wheel instruction requirements prescribed by the director. The director shall adopt and prescribe regulations concerni…

1. A commercial driver training school may not be established nor may any existing school continue to operate unless the school applies for and obtains from the director a license in the manner and form prescribed by the director. 2. The application for license must include a sta…

1. An individual may not act as an instructor unless the individual applies for and obtains a license in the manner and form prescribed by this chapter. 2. The regulations must state the requirements for an instructor's license, including requirements concerning residency, langua…

A license expires on the last day of the calendar year and may be renewed upon application to the director as prescribed by the director's regulations. Each application for an original or renewal school license must be accompanied by a fee of twenty-five dollars, and each applica…

The director may refuse to issue, or may suspend or revoke a license in any case when the director finds the applicant or licensee has violated any of the provisions of this chapter or the regulations adopted by the director. A suspended or revoked license must be returned to the…

This chapter does not apply to any person giving driver training lessons without charge, to employers maintaining driver training schools without charge solely for that employer's employees, nor to a school or a class conducted by a college, a university, or a high school for a r…

Any person who violates section 39-25-03 or 39-25-04 is guilty of a class B misdemeanor.

It is the purpose of this chapter to establish performance and equipment requirements for the manufacture, sale, and safe operation of a motorcycle upon public highways and to furnish administrators with a guide for registration eligibility and continued conformity as related to …

1. The manufacturer or distributor shall provide a certification of the fact that a motorcycle or class of motorcycles is designed and manufactured for use upon public highways and complies with the performance and equipment requirements of this chapter and the rules and regulati…

1. The motorcycle frame-chassis, including the suspension components and engine mountings, must be of substantial construction, capable of supporting the combined weight of all vehicle components and riders for which the vehicle is designed, and withstand normal road shocks and o…

1. Every motorcycle must have either a split service brake system or two independently actuated service brake systems in accordance with rules adopted by the director pursuant to chapter 28-32. Brakes must act on the front and rear wheels. 2. Every motorcycle must meet the requir…