21.8092.01000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2100
of North Dakota
Introduced by
Transportation Committee
(At the request of the Highway Patrol)
1 A BILL for an Act to create and enact a new subsection to section 39-04-37, a new subdivision
2 to subsection 2 of section 39-06.1-06, and a new subsection to section 39-21-06.1 of the North
3 Dakota Century Code, relating to the amount of statutory fees and moving violations; to amend
4 and reenact section 39-04-55, subsections 2 and 4 of section 39-05-17, subsection 3 of section
5 39-06-14.1, section 39-06-16, subdivision f of subsection 2 of section 39-06.1-06, subsection 1
6 of section 39-06.1-08, sections 39-06.1-09 and 39-07-05, subsection 2 of section 39-10-14,
7 section 39-10-19, subsection 2 of section 39-10-26, subsections 1 and 2 of section 39-10-38,
8 section 39-21-07, section 39-21-15, subsection 2 of section 39-21-26, subsection 1 of section
9 39-21-39, subsection 1 of section 39-21-45.1, subsection 11 of section 39-24-09, and
10 subsection 9 of section 39-29-09 of the North Dakota Century Code, relating to the amount of
11 statutory fees and moving violations; and to provide a penalty.
12 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
13 SECTION 1. A new subsection to section 39-04-37 of the North Dakota Century Code is
14 created and enacted as follows:
15 To operate, or for the owner thereof knowingly to permit anyone to operate a motor
16 vehicle on a highway if the owner is employed in this state on a temporary or full-time
17 basis, is a resident of the state, and does not have a temporary registration permit
18 when required under subsection 1 of section 39-04-18.2. As used in this subsection,
19 the term "resident" means a resident as defined under subdivision e of subsection 2 of
20 section 39-04-18.
21 SECTION 2. AMENDMENT. Section 39-04-55 of the North Dakota Century Code is
22 amended and reenacted as follows:
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1 39-04-55. Registration card to be carried in or on vehicle - Inspection of card -
2 Penalty.
3 The registration card issued for a vehicle must be carried in the driver's compartment of the
4 vehicle or, in the case of a housetrailer or mobile home or a trailer or semitrailer, regardless of
5 when such vehicle was acquired, inside or on the vehicle, at all times while the vehicle is being
6 operated upon a highway in this state. The card is subject to inspection by any peace officer or
7 highway patrol officer. Any person violating this section must be assessed a fee of twenty
8 dollars. However, a person cited for violation of this section may not be found to have
9 committed the violation if the person, within forty-eight hoursfourteen days after being cited,
10 produces and displays to any peace officer or highway patrol officer, or to the hearing official
11 before whom the person was to appear, a registration card valid at the time the person was
12 cited. A peace officer or highway patrol officer, upon citing a person for violating this section,
13 shall inform the person that a violation will be considered as not having occurred if the person
14 produces and displays a valid registration card in the manner provided in this section. A peace
15 officer or highway patrol officer receiving evidence of the existence of a valid registration card
16 as herein provided shall notify the hearing official of the appropriate jurisdiction of that fact.
17 SECTION 3. AMENDMENT. Subsections 2 and 4 of section 39-05-17 of the North Dakota
18 Century Code are amended and reenacted as follows:
19 2. If legal title passes to the transferee, the owner shall deliver the endorsed certificate of
20 title to the transferee within thirty days of the date the vehicle was purchased.
21 4. Within thirty days of receiving the title, the transferee shall deliver the endorsed
22 certificate of title to the department with a transfer fee of five dollars, and shall make
23 an application for a new certificate of title. In addition to any other penalty, the
24 registration to a motor vehicle may be suspended or revoked if the transferee fails to
25 present the endorsed certificate of title to the department for transfer and make
26 application for a new certificate of title within thirty days. The department shall deliver
27 the new certificate of title to the lienholder with priority. If there is no lienholder, delivery
28 must be made to the owner.
29 SECTION 4. AMENDMENT. Subsection 3 of section 39-06-14.1 of the North Dakota
30 Century Code is amended and reenacted as follows:
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1 3. The director may issue a motorized bicycle operator's permit to an applicant who is at
2 least fourteen years of age. An individual holding an operator's permit for the operation
3 of a motorized bicycle may not operate the motorized bicycle during the hours when
4 the use of headlights are required under section 39-21-01 or carry or transport any
5 passenger. To obtain a permit, the applicant shall pay a fee as listed in section
6 39-06-49 and take a written examination of the applicant's knowledge of traffic laws
7 and general rules of the road. If the applicant passes the written examination and the
8 director is satisfied that the applicant has adequate eyesight, the director may issue
9 the applicant a motorized bicycle operator's permit, even if the applicant does not have
10 an operator's license. The permit expires in the same manner as an operator's license.
11 A person who has an operator's license, a temporary permit, an instruction permit, or a
12 motorcycle permit is not required to obtain a motorized bicycle operator's permit.
13 SECTION 5. AMENDMENT. Section 39-06-16 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 39-06-16. License to be carried and exhibited on demand.
16 An individual licensed to operate a motor vehicle shall have the operator's license in the
17 individual's immediate possession at all times when operating a motor vehicle and shall
18 physically surrender the operator's license, upon demand of any court, police officer, or a field
19 deputy or inspector of the department. However, an individual charged with violating this section
20 may not be convicted or assessed any court costs if the individual produces in court or in the
21 office of the arresting officerwithin fourteen days to the hearing official to whom the person was
22 to appear, a valid operator's license issued to that individual that is not under suspension,
23 revocation, or cancellation at the time of the individual's arrest.
24 SECTION 6. AMENDMENT. Subdivision f of subsection 2 of section 39-06.1-06 of the North
25 Dakota Century Code is amended and reenacted as follows:
26 f. A violation of subsection 1 of section 39-04-37 by an individual by becoming a
27 resident of this state1 of this Act, a fee of one hundred dollars.
28 SECTION 7. A new subdivision to subsection 2 of section 39-06.1-06 of the North Dakota
29 Century Code is created and enacted as follows:
30 A violation of 39-06-04 or 39-19-03, a fee of fifty dollars.
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1 SECTION 8. AMENDMENT. Subsection 1 of section 39-06.1-08 of the North Dakota
2 Century Code is amended and reenacted as follows:
3 1. A violation of section 39-04-1139-04-02.1, subsection 1 of section 39-04-37 by an
4 individual by becoming a resident of this state1 of this Act, subsection 4 of section
5 39-06-17, and section 39-06-20, 39-06-44, 39-06-45, 39-10-47, 39-10-49, 39-10-50,
6 39-10-54.1, 39-21-08, 39-21-10, 39-21-11, or 39-21-14, or a violation of any municipal
7 ordinance equivalent to the foregoing sections.
8 SECTION 9. AMENDMENT. Section 39-06.1-09 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 39-06.1-09. Moving violation defined.
11 For the purposes of sections 39-06.1-06 and 39-06.1-13, a "moving violation" means a
12 violation of section 39-04-11, 39-04-22, subsection 1 of section 39-04-37, section 39-04-55,
13 39-06-01, 39-06-04, 39-06-14, 39-06-14.1, 39-06-16, 39-08-20, 39-08-23, 39-08-24, 39-08-25,
14 39-09-01, 39-09-01.1, 39-09-04.1, or 39-09-09, subsection 1 of section 39-12-02, section
15 39-12-04, 39-12-05, 39-12-06, 39-12-09, 39-19-03, 39-21-45.1, 39-24-02, or 39-24-09, except
16 subdivisions b and c of subsection 5 of section 39-24-09, or equivalent ordinances; or a
17 violation of the provisions of chapter 39-10, 39-10.2, or 39-21, or 39-27, or equivalent
18 ordinances, except subsection 5 of section 39-10-26, section 39-21-44, and subsections 2 and
19 3 of section 39-21-46, and those sections within those chapters which are specifically listed in
20 subsection 1 of section 39-06.1-08.
21 SECTION 10. AMENDMENT. Section 39-07-05 of the North Dakota Century Code is
22 amended and reenacted as follows:
23 39-07-05. Persons working on highways - Exceptions.
24 Unless specifically made applicable, the provisions of chapters 39-08, 39-09, 39-10, and
25 39-12, except sections 39-08-01, 39-08-03,39-09-01.1 and 39-08-1939-10-22.1, do not apply to
26 persons, motor vehicles, and other equipment while actually engaged in work upon a highway,
27 but do apply to such persons and vehicles when traveling to or from such work.
28 SECTION 11. AMENDMENT. Subsection 2 of section 39-10-14 of the North Dakota Century
29 Code is amended and reenacted as follows:
30 2. The foregoing limitations do not apply upon a one-way roadway, nor under the
31 conditions described in section 39-10-08, nor to the driver of a vehicle turning left into
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1 or from an alley, private road, or driveway unless doing so creates a hazard for
2 approaching vehicles.
3 SECTION 12. AMENDMENT. Section 39-10-19 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 39-10-19. Driving on divided highway.
6 Whenever any highway has been divided into two or more roadways by leaving an
7 intervening space or by a physical barrier or clearly indicated dividing section so constructed as
8 to impede vehicular traffic, every vehicle must be driven only upon the right-hand roadway,
9 unless directed or permitted to use another roadway by official traffic-control devices or police
10 officers. No vehicle may be driven over, across, or within any such dividing space, barrier, or
11 section, except through an opening in such physical barrier or dividing section or space or at a
12 crossover or intersection as established by public authority, unless such crossing is specifically
13 prohibited and such prohibition is indicated by appropriate traffic-control devices. A vehicle may
14 not be driven over, across, or within any such dividing space, barrier, or section of a controlled
15 access roadway, except for emergency or highway maintenance vehicles.
16 SECTION 13. AMENDMENT. Subsection 2 of section 39-10-26 of the North Dakota
17 Century Code is amended and reenacted as follows:
18 2. If an authorized emergency vehicle is parked or stopped at the scene of an emergency
19 and is displaying a flashing, revolving, or rotating blue, white, or red light, approaching
20 traffic shall move to the right-hand edge or curb of the roadway and shall stop, but
21 once having stopped, traffic may proceed past the scene at its own risk when the
22 roadway is clear, except when otherwise directed by a police officer. If an authorized
23 emergency vehicle is otherwise parked or stopped on the interstate system, or on a
24 multilane highway outside the limits of a city, and the authorized emergency vehicle is
25 displaying a flashing, revolving, or rotating amber, blue, white, or red light, the driver of
26 an approaching vehicle shall proceed with caution and yield the right of way by moving
27 to a lane that is not adjacent to the authorized emergency vehicle if the move may be
28 made with due regard to safety and traffic conditions or if not, the driver shall proceed
29 with due caution, reduce the speed of the vehicle, and maintain a safe speed for the
30 road conditions.
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1 SECTION 14. AMENDMENT. Subsections 1 and 2 of section 39-10-38 of the North Dakota
2 Century Code are amended and reenacted as follows:
3 1. No person may turn a vehicle or, move right or left upon a roadway, or merge into or
4 from traffic unless and until such movement can be made with reasonable safety
5 without giving an appropriate signal in the manner hereinafter provided.
6 2. A signal of intention to turn or, move right or left when required, or merge into or from
7 traffic must be given continuously during not less than the last one hundred feet [30.48
8 meters] traveled by the vehicle before turning, moving right or left, or changing lanes.
9 SECTION 15. A new subsection to section 39-21-06.1 of the North Dakota Century Code is
10 created and enacted as follows:
11 Lighting displayed underneath a motor vehicle is not authorized while the vehicle is on
12 a public roadway.
13 SECTION 16. AMENDMENT. Section 39-21-07 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 39-21-07. Application of succeeding sections.
16 Those sections of this chapter which follow immediately, including sections 39-21-08,
17 39-21-09, 39-21-10, 39-21-11, and 39-21-12, relating to clearance and marker lamps, reflectors,
18 and stoplights, apply as stated in said sections to vehicles of the type therein enumerated,
19 namely passenger buses, trucks, truck tractors, and certain trailers, semitrailers and pole
20 trailers, respectively, when operated upon any highway, and said vehicles must be equipped as
21 required and all lamp equipment required must be lighted at the times mentioned in section
22 39-21-01, except that clearance and side marker lamps need not be lighted on any said vehicle
23 when operated within any municipality where there is sufficient light to render clearly discernible
24 persons and vehicles on the highway at a distance of five hundred feet [152.4 meters].
25 SECTION 17. AMENDMENT. Section 39-21-15 of the North Dakota Century Code is
26 amended and reenacted as follows:
27 39-21-15. Lamps, reflectors, and reflective materials on farm tractors, farm
28 equipment, and implements of husbandry.
29 1. Every farm tractor, self-propelled unit of farm equipment, or towed implement of
30 husbandry, manufactured or assembled after January 1, 1980, must at all times, and
31 every farm tractor, self-propelled unit of farm equipment, or towed implement of
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1 husbandry must, when operated upon the highways of this state during the times
2 mentioned in section 39-21-01, be equipped as follows:
3 1. a. Tractors and self-propelled units of farm equipment must be equipped with two
4 single-beam or multiple-beam headlamps meeting the requirements of section
5 39-21-20 or 39-21-22; provided, that a tractor or self-propelled unit of farm
6 equipment which is not equipped with an electrical system must be equipped with
7 at least one lamp displaying a white light visible when lighted from a distance of
8 not less than one thousand feet [304.8 meters] to the front of the vehicle. Every
9 tractor and self-propelled unit of farm equipment must be equipped with at least
10 one lamp displaying a red light visible when lighted from a distance of one
11 thousand feet [304.8 meters] to the rear of the vehicle. In addition, every tractor
12 and every self-propelled unit of farm equipment must be equipped with two red
13 reflectors visible from all distances from six hundred feet [182.88 meters] to one
14 hundred feet [30.48 meters] to the rear when directly in front of lawful lower
15 beams of headlamps.
16 2. b. Every towed unit of farm equipment or implement of husbandry must be
17 equipped with at least one lamp displaying a red light visible when lighted from a
18 distance of one thousand feet [304.8 meters] to the rear or two red reflectors
19 visible from all distances within six hundred feet [182.88 meters] to one hundred
20 feet [30.48 meters] to the rear when directly in front of lawful lower beams of
21 headlamps. In addition, if the extreme left projection of a towed unit of farm
22 equipment or implement of husbandry extends beyond the extreme left projection
23 of the towing tractor or vehicle, the unit or implement must be equipped with at
24 least one amber lamp or reflector mounted to indicate as nearly as practicable
25 the extreme le