Title 39 — Motor Vehicles

Repealed by S.L. 2015, ch. 277, § 8.

Repealed by S.L. 2015, ch. 277, § 8.

Repealed by S.L. 2015, ch. 277, § 8.

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…

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 …

Upon receiving a request for personal information that is not subject to disclosure in accordance with the exception provisions of sections 39-33-03, 39-33-04, and 39-33-05, the department may mail a copy of the request to each individual who is the subject of the information, in…

Any person requesting the disclosure of personal information from department records who misrepresents that person's identity or makes a false statement to the department on any application required to be submitted pursuant to this chapter is guilty of a class A misdemeanor.

The transportation network company or delivery network company must maintain a registered agent with the secretary of state for service of process in this state.

The transportation network company or delivery network company shall provide passengers or customers with the applicable rates being charged and the option to receive an estimated fare or fee before the passenger enters the transportation network company driver's vehicle or befor…

1. Before permitting an individual to act as a transportation network company driver on its digital platform, the transportation network company shall: a. Require the individual to submit an application to the transportation network company, which includes information regarding t…

1. As used in this section: a. "Transportation network company" means a person that: (1) Maintains a digital network to facilitate services by transportation network company drivers to a person seeking those services; and (2) Accepts requests from the public only through the orga…

A transportation network company or delivery network company may not disclose any personally identifiable information of a transportation network company passenger or delivery network company customer, except pursuant to the publicly disclosed terms of the transportation network …

1. Notwithstanding any other provision of law, transportation network companies and transportation network company drivers are governed exclusively by this chapter, chapter 26.1-40.1, and any rules adopted consistent with this chapter and adopted by the insurance commissioner und…

1. As used in this chapter: a. "Delivery network company" has the same meaning as provided under section 26.1-40.2-01. b. "Delivery network driver" has the same meaning as provided under section 26.1-40.2-01. 2. A delivery network driver is an independent contractor and not an em…

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 th…

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

Repealed by S.L. 1983, ch. 419, § 4.

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.

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…

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 benefic…

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 departm…

Repealed by S.L. 1987, ch. 444, § 8.

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 c…

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…

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 i…

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 rep…

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. a. If the contributor has less than ten years of service at termination of employment, …

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 t…

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 patrol troopers' retirement plan sh…

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 cred…

Repealed by S.L. 2003, ch. 308, § 7.

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. a…

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 r…

Repealed by S.L. 1987, ch. 444, § 8.

Repealed by S.L. 1987, ch. 444, § 8.

Repealed by S.L. 1987, ch. 444, § 8.