19.0515.01000
Sixty-sixth
Legislative Assembly SENATE BILL NO. 2060
of North Dakota
Introduced by
Senators Kreun, Meyer, Oban
Representatives O'Brien, Owens, Hatlestad
1 A BILL for an Act to amend and reenact subsection 2 of section 39-06.1-06 and section
2 39-21-41.4 of the North Dakota Century Code, relating to the amount of statutory fees and the
3 use of safety belts; to repeal section 39-21-41.5 of the North Dakota Century Code, relating to
4 secondary enforcement of safety belt requirements; and to provide a penalty.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Subsection 2 of section 39-06.1-06 of the North Dakota
7 Century Code is amended and reenacted as follows:
8 2. For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except
9 for:
10 a. A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, or 39-21-41.4,
11 a fee of fifty dollars.
12 b. A violation of section 39-10-05 involving failure to yield to a pedestrian or
13 subsection 1 of section 39-10-28, a fee of fifty dollars.
14 c. A violation of section 39-21-41.2, a fee of twenty-five dollars.
15 d. A violation of subsection 1 of section 39-12-02, section 39-08-23, or section
16 39-08-25, a fee of one hundred dollars.
17 e. A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one
18 hundred dollars.
19 f. A violation of subsection 1 of section 39-04-37 by an individual by becoming a
20 resident of this state, a fee of one hundred dollars.
21 g. A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty
22 dollars.
23 h. A violation of section 39-10-59, a fee of five hundred dollars.
24 i. A violation of section 39-09-01, a fee of thirty dollars.
Page No. 1 19.0515.01000
Sixty-sixth
Legislative Assembly
1 j. A violation of section 39-09-01.1, a fee of thirty dollars.
2 k. A violation of section 39-10-46 or 39-10-46.1, a fee of one hundred dollars.
3 l. A violation of subsection 1 of section 39-08-20, one hundred fifty dollars for a first
4 violation and three hundred dollars for a second or subsequent violation in three
5 years.
6 SECTION 2. AMENDMENT. Section 39-21-41.4 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 39-21-41.4. Use of safety belts required in certain motor vehicles - Enforcement -
9 Evidence.
10 Subject to the limitations of this section and section 39-21-41.5, aA driver may not operate
11 upon a highway a motor vehicle designed for carrying fewer than eleven passengers, which
12 was originally manufactured with safety belts unless each front seat occupant is wearing a
13 properly adjusted and fastened safety belt. This section does not apply to a child in a child
14 restraint or safety belt in accordance with section 39-21-41.2; to drivers of implements of
15 husbandry; to operators of farm vehicles as defined in subsection 5 of section 39-04-19; to rural
16 mail carriers while on duty delivering mail; to an occupant with a medical or physically disabling
17 condition that prevents appropriate restraint in a safety belt, if a qualified physician, physician
18 assistant, or advanced practice registered nurse states in a signed writing the nature of the
19 condition and the reason restraint is inappropriate; or when all front seat safety belts are in use
20 by other occupants. A physician, physician assistant, or advanced practice registered nurse
21 who, in good faith, provides a statement that restraint would be inappropriate is not subject to
22 civil liability. A violation for not wearing a safety belt under this section is not, in itself, evidence
23 of negligence. The fact of a violation of this section is not admissible in any proceeding other
24 than one charging the violation.
25 SECTION 3. REPEAL. Section 39-21-41.5 of the North Dakota Century Code is repealed.
Page No. 2 19.0515.01000
Statutes affected: INTRODUCED: 39-06.1-06, 39-21-41.4, 39-21-41.5