Title 39 — Motor Vehicles

Any person who drives or is in actual physical control of a commercial motor vehicle within this state with an alcohol concentration of at least four one-hundredths of one percent by weight must, in addition to any other sanctions which may be imposed under this code, be disquali…

1. A person who drives or is in actual physical control of a commercial motor vehicle within this state is deemed to have given consent to take a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration, or the pres…

If a person submits to a test under section 39-06.2-10.2 and the test shows that person to have an alcohol concentration of at least four one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actua…

If a driver licensed in another state refuses, in this state, a test provided under section 39-06.2-10.2 or submits to a test under section 39-06.2-10.2, and the test results show an alcohol concentration of at least four one-hundredths of one percent by weight, the following pro…

1. Before issuing an order of suspension, revocation, or disqualification under section 39-06.2-10, the director shall afford that person an opportunity for a hearing as provided by section 39-20-05, if the person mails a request for the hearing to the director within ten days af…

Any person whose commercial driver's license or privilege has been suspended, revoked, or denied by the decision of the hearing officer under section 39-06.2-10.6 may appeal within seven days after the date of the hearing under section 39-06.2-10.6 as shown by the date of the hea…

A temporary driver's permit extends driving privileges for twenty-five days, unless earlier terminated by the decision of a hearing officer under section 39-06.2-10.6. The law enforcement officer must sign and note the date of issuance on the temporary driver's permit. The tempor…

The director shall adopt rules for the issuance and enforcement of out-of-service orders. The rules must be in accordance with the standards and requirements of the federal Commercial Motor Vehicle Safety Act of 1986 [Pub. L. 99-570; 100 Stat. 3207-179; 49 App. U.S.C. 2708] and 4…

The director may issue a class D driver's license to a driver suspended, revoked, or disqualified under this chapter when: 1. The suspension, revocation, or disqualification arises from a violation under this chapter which would not require similar sanctions under chapter 39-06, …

Within ten days after receiving a report of the conviction of any nondomiciled holder of a commercial driver's license for any violation of state or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, …

Repealed by S.L. 1991, ch. 421, § 1.

Notwithstanding any other provision of law and upon payment of a fee listed in section 39-06.2-19, the director shall provide full information regarding the driving record of an individual who has been issued a commercial driver's license to an employer or to a prospective employ…

The director may, pursuant to chapter 28-32, adopt any rules necessary to carry out the provisions of this chapter.

The director may enter into or make agreements, arrangements, or declarations to carry out the provisions of this chapter.

1. Notwithstanding any other provision of law, an individual may drive a commercial motor vehicle in this state if the individual has a valid commercial driver's license or commercial learner's permit issued by any state, province or territory of Canada, or licencia federal de co…

Repealed by S.L. 2021, ch. 280, § 7.

A disqualification imposed in accordance with the provisions of 49 CFR part 383.52 relating to notification from the federal motor carrier safety administration that the driver is disqualified from driving a commercial motor vehicle and is determined to constitute an imminent haz…

1. All money received under this chapter must be paid monthly to the highway fund in the state treasury. 2. The fee for: a. A commercial driver's license test is five dollars. b. An application for a commercial driver's license or permit is fifteen dollars. c. Each endorsement is…

1. It is unlawful for any person to do any act forbidden or fail to perform any act required in this chapter. Except as provided in section 39-10.1-10, a person who violates any of the provisions of this chapter may be assessed a fee not to exceed five dollars. 2. The parent of a…

Every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this title and except as to those provisions of this title which by their nature …

1. A person propelling a bicycle may not ride other than upon or astride a permanent and regular seat attached thereto. 2. No bicycle may be used to carry more persons at one time than the number for which it is designed and equipped.

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the same or the person's self to any vehicle upon a roadway, except a sled being pulled by a snowmobile.

1. An individual operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. 2. A group of individuals riding bicycles upon a roadway may not ri…

1. An individual operating a bicycle who is approaching a stop sign at an intersection with a roadway having three or more lanes for moving traffic shall come to a complete stop before entering the intersection. 2. An individual operating a bicycle who is approaching a stop sign …

No person operating a bicycle may carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.

1. Every bicycle when in use at nighttime must be equipped with a lamp on the front which emits a white light visible from a distance of at least five hundred feet [152.4 meters] to the front and with a red reflector on the rear of a type approved by the department. A lamp emitti…

Repealed by S.L. 1983, ch. 414, § 6.

Any violation of this chapter, or any moving violation as defined in section 39-06.1-09, or any nonmoving violation as defined in section 39-06.1-08 when committed on a bicycle, an electric bicycle, or a multipassenger bicycle, as defined in section 39-01-01, is not cause for the…

1. Beginning January 1, 2022, any person that manufacturers or distributes an electric bicycle in this state shall affix a permanent label to the electric bicycle which contains the following information in at least nine-point Arial font: a. The designated class of the electric b…

Unless otherwise allowed by a governmental entity having jurisdiction, a multipassenger bicycle may not be operated on any bicycle path or multi-use path.

Every person operating a motorcycle or motorized bicycle is granted all of the rights and is subject to all of the duties applicable to the driver of any other vehicle under this title, except as to special regulations in this chapter and except as to those provisions of this tit…

1. A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator may not carry any other person nor may any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event…

1. All motorcycles are entitled to full use of a lane and no motor vehicle may be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection does not apply to the operation of motorcycles two abreast in a single lane as authorized in subsectio…

No person riding upon a motorcycle may attach the person's self or the motorcycle to any other vehicle on a roadway.

Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, must be equipped with footrests for such passenger.

1. No person under the age of eighteen years may operate or ride upon a motorcycle unless a safety helmet meeting United States department of transportation standards is being worn on the head of the operator and rider, except when participating in a lawful parade. If the operato…

All of the provisions of chapter 39-06.1 pertaining to the disposition of traffic offenses apply to this chapter.

As used in this chapter, unless the context otherwise requires: 1. "Chase vehicle" means a motor vehicle that accompanies an experimental vehicle while operating on a highway. 2. "Experimental vehicle" means a vehicle with an unladen weight of six thousand pounds [2721.55 kilogra…

An experimental vehicle is a motor vehicle under this title, except: 1. Chapter 39-22 does not apply to experimental vehicles. 2. Registration of an experimental vehicle is governed by this chapter. 3. The governing body of a political subdivision may regulate, restrict, or prohi…

Payment of fees is not required of an experimental vehicle owned and used by the United States, a state or any of its agencies, institutions, or political subdivisions; an experimental vehicle registered in a foreign country and temporarily used in this state; or an experimental …

A person may not operate an experimental vehicle on a highway without being accompanied by a chase vehicle. The chase vehicle must follow the experimental vehicle at a safe-driving distance.

An experimental vehicle must be equipped with a horn, front and rear turn signal lamps, stop lamps, a balanced and coreactive dual-braking system, a windshield, a safety belt installed at each seating position, an exterior mirror mounted on the operator's side of the vehicle, a r…

A violation of this chapter for which there is no penalty in this title is a class B misdemeanor.

The provisions of this chapter requiring the deposit of proof of financial responsibility for the future, subject to certain exemptions, apply with respect to any person who has been convicted of or forfeited bail for certain offenses under motor vehicle laws or who has failed to…

Repealed by S.L. 2013, ch. 291, § 62.

When any person fails within thirty days to satisfy any judgment, it is the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered within this state, to forward to the director immediately after the expiration of said…

1. The director, upon receipt of a certified copy of a judgment or a certified copy of the docket entries in an action resulting in a judgment for damages or a certificate of facts relative to a judgment on a form provided by the director, shall forthwith suspend the license or o…

Judgments herein referred to must, for the purpose of this chapter only, be deemed satisfied: 1. When twenty-five thousand dollars has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result o…

1. A judgment debtor upon due notice to the judgment creditor may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments and the court, in its discretion and without prejudice to any other legal remedies which the judgment…

Proof of financial responsibility when required under this chapter may be given by filing: 1. A certificate of insurance as provided in sections 39-16.1-09 and 39-16.1-10; 2. A bond as provided in section 39-16.1-14; or 3. A certificate of deposit of money or securities as provid…