Title 39 — Motor Vehicles

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 tota…

Repealed by S.L. 1981, ch. 380, § 8.

Repealed by S.L. 1981, ch. 380, § 8.

Repealed by S.L. 1987, ch. 444, § 8.

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.

Repealed by S.L. 1965, ch. 269, § 9.

Repealed by S.L. 1965, ch. 269, § 9.

Repealed by S.L. 1987, ch. 444, § 8.

Repealed by S.L. 1981, ch. 380, § 8.

The allowances granted under the provisions of this chapter may not be increased, decreased, revoked, or repealed except as provided by law.

Repealed by S.L. 1987, ch. 386, § 2.

Repealed by S.L. 1993, ch. 377, § 2.

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 inadve…

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.

The legislative assembly in recognition of the value of good employer-employee relationships and the need to recruit and retain qualified highway patrol troopers in this state, hereby declares its intent that the state should provide the comparable contribution for retirement of …

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 co…

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 emplo…

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 t…

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 f…

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.

Repealed by S.L. 2009, ch. 40, § 26.

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 pr…

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 co…

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. a. The individual may appear before t…

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.

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 sch…

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…

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 dri…

The fees required for a noncriminal disposition under section 39-06-01, 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 chari…

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 qu…

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,…

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, 39-06-04, 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…

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 cours…

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 …

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 th…

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 subd…

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.

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 individu…

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 prev…

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: a. The number of grams of alcohol per one h…

No person who drives a commercial motor vehicle may have more than one driver's license.

1. Notification of convictions. a. 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 m…

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: a. In which the driver's commercial driver's license i…

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…

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 elec…

1. The application for a commercial driver's license or commercial learner's permit must include the following: a. The full name and current residence and mailing address of the applicant; b. A physical description of the applicant, including sex, height, weight, and eye and hair…

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 …

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: a. The name and residential address of the individual; b. The individual's color phot…

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 thi…

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: a. Driving a commercial motor vehicle under the influence of alcohol or drugs; b. Leaving the scene of an accident involving a com…