23.0676.02000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1246
of North Dakota
Introduced by
Representatives Grueneich, Brandenburg, Ostlie, Satrom, Vigesaa
Senator Erbele
1 A BILL for an Act to amend and reenact section 39-10-04 of the North Dakota Century Code,
2 relating to required traffic-control devices; and to declare an emergency.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 39-10-04 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 39-10-04. Obedience to and required traffic-control devices.
7 1. The driver of anya vehicle shall obey the instructions of any official traffic-control
8 device applicable thereto placed in accordance with the provisions of this chapter,
9 unless otherwise directed by a traffic or police officer, subject to the exceptions
10 granted the driver of an authorized emergency vehicle in this chapter.
11 2. NoA provision of this chapter for which traffic-control devices are required may not be
12 enforced against an alleged violator if at the time and place of the alleged violation an
13 official device is not in proper position and sufficiently legible to be seen by an
14 ordinarily observant person. Whenever a state statute does not state that devices are
15 required, suchthe statute is effective even though no devices are erected or in place.
16 3. Whenever an official traffic-control devices aredevice is placed in positionsa position
17 approximately conforming to the requirements of this title, such devicesthe device
18 must be presumed to have been so placed by the official act or direction of lawful
19 authority, unless the contrary is established by competent evidence.
20 4. Any official traffic-control device placed pursuant to the provisions of this title and
21 purporting to conform to the lawful requirements pertaining to such devicesthe device
22 must be presumed to comply with the requirements of this title, unless the contrary is
23 established by competent evidence.
Page No. 1 23.0676.02000
 Sixty-eighth
Legislative Assembly
1 5. The department may not remove or inactivate a traffic-control device placed within
2 one thousand feet [304.8 meters] of a school or licensed day care without the consent
3 of the political subdivision having jurisdiction of the location where the traffic-control
4 device is placed, except for repair or routine maintenance.
5 SECTION 2. EMERGENCY. This Act is declared to be an emergency measure.
Page No. 2 23.0676.02000


Statutes affected:
INTRODUCED: 39-10-04
FIRST ENGROSSMENT: 39-10-04
Enrollment: 39-10-04