Title 39, Motor Vehicles

The director shall establish requirements for instructional standards, course approval, and teacher certification standards for motorcycle safety courses required by this chapter. Motorcycle safety courses may be offered by public schools and by approved organizations which meet …

The director shall reimburse public schools and organizations offering approved motorcycle safety courses for the actual cost of the courses. The amount of reimbursement for each student may not exceed the actual per-pupil cost for the motorcycle safety program.

The director, in cooperation with other state agencies, shall promote safety and awareness in the use and operation of motorcycles through advertising and other appropriate means, as provided by this chapter. The general public may provide input to improve motorcycle safety and e…

Any fee collected pursuant to this chapter must be deposited by the director with the state treasurer and credited to a special motorcycle safety education fund in the state treasury.

As used in this chapter, unless the context otherwise requires: 1. "Dealer" means any person engaged in the business of buying, selling, or exchanging off-highway vehicles or who advertises, or holds out to the public as engaged in the buying, selling, or exchanging of off-highwa…

Upon the sale of a new or used off-highway vehicle, a dealer shall collect a five dollar safety fee from the buyer. By the end of each calendar quarter, the dealer shall file a report with the parks and recreation department which discloses the number of off-highway vehicles sold…

Except as provided in this chapter, an individual may not operate an off-highway vehicle unless it has been registered under this chapter.

1. Application for registration must be made to the department of transportation in the form the department prescribes and furnishes. The registration must state the name and address of every owner of the off-highway vehicle and be signed by at least one owner. A copy of the appl…

1. Registration and payment of fees is not required of: a. Off-highway vehicles owned and used by the United States or any state or its political subdivisions. b. Off-highway vehicles registered in a foreign country and temporarily used in this state. c. Off-highway vehicles vali…

1. Fees from registration of off-highway vehicles must be deposited with the state treasurer and credited to the highway tax distribution fund. 2. The off-highway vehicle trail tax must be deposited in the off-highway vehicle fund in the state treasury. The parks and recreation d…

Within fifteen days after the transfer of any ownership interest in an off-highway vehicle, other than a security interest, or the destruction or abandonment of any off-highway vehicle, or a change of address of the owner as listed with the application for registration, written n…

Political subdivisions of this state may not require licensing or registration of off-highway vehicles.

1. The department shall adopt rules for the registration of off-highway vehicles and display of registration numbers. 2. The director, in the interest of public health, welfare, and safety, may regulate, by rule, the operation of off-highway vehicles on state highways. The direct…

1. An individual may not operate an off-highway vehicle on the roadway, shoulder, or inside bank or slope of any road, street, or highway except as provided in this chapter. Except in emergencies, an individual may not operate an off-highway vehicle within the right of way of any…

To operate an off-highway vehicle on a paved highway or gravel, dirt, or loose surface roadway under subsection 1 of section 39-29-09, the off-highway vehicle must be equipped with a mirror in compliance with section 39-27-09, a horn in compliance with section 39-27-15, a speedom…

Except as otherwise provided in this section, an individual under sixteen years of age who is not in possession of a valid operator's license or permit to operate an off-highway vehicle may not, except upon the lands of the individual's parent or guardian or as a participant in a…

Only peace officers of this state and their respective duly authorized representatives may enforce this chapter.

Violation of subdivision b, c, or g of subsection 5 of section 39-29-09 is a class B misdemeanor. Violation of any other provision of section 39-29-09 is an infraction for which a fee of fifty dollars must be assessed. Violation of section 39-29-02 or subsection 2 of section 39-2…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Chop shop" means any building, lot, or other premises where one or more persons knowingly, as defined by section 12.1-02-02, engage in altering, destroying, disassembling, dismantling, reassembl…

1. It is a class B felony if any person knowingly, as defined in section 12.1-02-02, and with intent that a violation of subsection 2 be committed: a. Owns, operates, or conducts a chop shop; b. Transports any motor vehicle or motor vehicle part to or from a location knowing it t…

1. Any tool, implement, or instrumentality, including a motor vehicle or motor vehicle part, used or possessed in connection with any violation of section 39-30-02 may be seized by a member of a state or local law enforcement agency upon process issued by any court of competent j…

1. The following are subject to forfeiture unless obtained by theft, fraud, or conspiracy to defraud and the rightful owner is known or can be identified and located: a. Any tool; b. Any implement; or c. Any instrumentality, including any motor vehicle or motor vehicle part, whet…

1. The attorney general, any state's attorney, or any aggrieved person may institute civil proceedings against any person in any court of competent jurisdiction seeking relief from conduct constituting a violation of any provision of this chapter. If the plaintiff in such a proce…

A criminal prosecution for any violation may be commenced in any county without regard to place of occurrence.

In this chapter, unless the context otherwise requires, "common household goods carrier" means any person that holds oneself out to the public as willing to undertake for hire to transport by motor vehicle from place to place the household goods of others who may choose to employ…

This chapter applies to persons and motor vehicles engaged in intrastate commerce only to the extent permitted by the constitution and laws of the United States and this state.

It is unlawful for any common household goods carrier to transport persons or property for hire unless: 1. The carrier has obtained a household goods carrier permit required by this chapter; and 2. The carrier complies with this chapter and any applicable rules adopted by the dep…

The department may regulate common motor carriers of household goods except for transportation provided wholly within a city in this state or within a distance beyond the corporate limits of a city as determined by the department and shall supervise the relations between common h…

A common household goods carrier may not operate within this state without having obtained from the department a household goods carrier permit. An application must be upon the form prescribed by the department. The application must contain proof of registration with the secretar…

Household goods carrier permits issued to carriers by the department under this chapter remain in force subject to this chapter. Those permits are transferable only upon approval by the department.

Every household goods carrier operating in this state, when applying for a household goods carrier permit, shall pay a fee of one hundred dollars. The nonrefundable fee for an application for transfer of a household goods carrier permit is one hundred dollars. The annual filing f…

The department shall mail each holder of a household goods carrier permit under this chapter the rules the department adopts to implement this chapter.

The department, before granting a household goods carrier permit to any common motor carrier, shall require the owner or operator to procure public liability insurance. The conditions of the liability insurance must guarantee the payment of any loss or damage to property or on ac…

The department shall deposit monthly all fees collected under this chapter in the highway fund in the state treasury.

Any law enforcement officer may make an arrest for any violation of this chapter, and the state's attorney of the county in which the offense was committed shall prosecute the offender. The highway patrol shall enforce this chapter in any part of the state. Upon written request o…

Any person who willfully violates this chapter, or any order or rule issued or adopted under this chapter, is guilty of an infraction.

As used in this chapter, "intrastate driver" means a driver who will be operating a commercial motor vehicle within this state for a seven-consecutive-day period.

1. The following intrastate drivers are not subject to hours of service regulations: a. A driver of an authorized emergency vehicle; b. A driver who operates a motor vehicle in intrastate commerce if the gross vehicle weight, gross vehicle weight rating, gross combination weight,…

As used in this chapter: 1. "Department" means the department of transportation or an authorized agent or contractor of the department responsible for compiling and maintaining motor vehicle records. 2. "Disclose" means to engage in any practice or conduct to make available and m…

1. Notwithstanding any other provision of law, except as provided in sections 39-33-03, 39-33-04, and 39-33-05, the department may not knowingly disclose personal information about any person obtained by the department in connection with a motor vehicle record. 2. Notwithstanding…

Personal information referred to in section 39-33-02 must be disclosed for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles and …

Personal information referred to in section 39-33-02 may be disclosed to any requester, if the requester demonstrates in the form and manner prescribed by the department that the requester has obtained the written consent of the person who is the subject of the information.

The department may disclose personal information referred to in section 39-33-02 to any person, on proof of the identity of the person requesting a record and representation by the requester that the use of the personal information will be strictly limited to one or more of the f…

Disclosure of personal information required or permitted under sections 39-33-03, 39-33-04, and 39-33-05 is subject to payment by the requesting person to the department of all fees for the information required by law, or the terms of any contract with the requesting person, on t…

Before the disclosure of personal information under sections 39-33-03, 39-33-04, and 39-33-05, the department may require reasonable assurance concerning the identity of the requesting person, the use to be only as authorized, and the consent of the person who is the subject of t…

1. An authorized recipient of personal information may resell or redisclose the information for any use permitted under section 39-33-05. 2. The department shall require any authorized recipient who resells or rediscloses personal information to maintain for a period of not less …