23.1040.02000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2362
of North Dakota
Introduced by
Senators Rummel, Hogue, Lee
Representatives Klemin, Lefor
1 A BILL for an Act to amend and reenact section 39-21-41.4 of the North Dakota Century Code,
2 relating to safety belt usage; to repeal section 39-21-41.5 of the North Dakota Century Code,
3 relating to secondary enforcement of safety belt requirements; and to provide a penalty.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 39-21-41.4 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 39-21-41.4. Use of safety belts required in certain motor vehicles - Enforcement -
8 Evidence.
9 Subject to the limitations of this section and section 39-21-41.5, aA driver may not operate
10 upon a highway a motor vehicle designed for carrying fewer than eleven passengers, which
11 was originally manufactured with safety belts unless each front seat occupant is wearing a
12 properly adjusted and fastened safety belt. This section does not apply to a child in a child
13 restraint or safety belt in accordance with section 39-21-41.2; to drivers of implements of
14 husbandry; to operators of farm vehicles as defined in subsection 5 of section 39-04-19; to rural
15 mail carriers while on duty delivering mail; to an occupant with a medical or physically disabling
16 condition that prevents appropriate restraint in a safety belt, if a qualified physician, physician
17 assistant, or advanced practice registered nurse states in a signed writing the nature of the
18 condition and the reason restraint is inappropriate; or when all front seat safety belts are in use
19 by other occupants. A physician, physician assistant, or advanced practice registered nurse
20 who, in good faith, provides a statement that restraint would be inappropriate is not subject to
21 civil liability. A violation for not wearing a safety belt under this section is not, in itself, evidence
22 of negligence. The fact of a violation of this section is not admissible in any proceeding other
23 than one charging the violation.
24 SECTION 2. REPEAL. Section 39-21-41.5 of the North Dakota Century Code is repealed.
Page No. 1 23.1040.02000
Statutes affected: INTRODUCED: 39-21-41.4, 39-21-41.5
Enrollment: 39-21-41.4, 39-21-41.5