21.0570.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1156
of North Dakota
Introduced by
Representatives D. Ruby, Dockter, M. Ruby, Vigesaa, Weisz
Senators Dever, Hogue, Kannianen
1 A BILL for an Act to amend and reenact section 39-21-41.4 of the North Dakota Century Code,
2 relating to the use of safety belts.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 39-21-41.4 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 39-21-41.4. Use of safety belts required in certain motor vehicles - Enforcement -
7 Evidence.
8 1. Subject to the limitations of this section and section 39-21-41.5, a driver may not
9 operate upon a highway a motor vehicle designed for carrying fewer than eleven
10 passengers, which was originally manufactured with safety belts unless each front
11 seat occupant is wearing a properly adjusted and fastened safety belt.
12 2. This section does not apply to:
13 a. To a child in a child restraint or safety belt in accordance with section 39-21-41.2;
14 to drivers
15 b. To a driver of implements of husbandry; to operators
16 c. To an operator of farm vehicles as defined in subsection 5 of section 39-04-19; to
17 d. To rural mail carriers while on duty delivering mail; to
18 e. To an occupant with a medical or physically disabling condition that prevents
19 appropriate restraint in a safety belt, if a qualified physician, physician assistant,
20 or advanced practice registered nurse states in a signed writing the nature of the
21 condition and the reason restraint is inappropriate; or when
22 f. When all front seat safety belts are in use by other occupants.; or
23 g. To an operator or a passenger of a motor vehicle that stops frequently to allow
24 the driver or passenger to leave the vehicle temporarily or to deliver property
Page No. 1 21.0570.01000
Sixty-seventh
Legislative Assembly
1 from the vehicle. This exception applies only when the vehicle is traveling at a
2 speed not exceeding thirty miles [48.28 kilometers] per hour between stops.
3 3. A physician, physician assistant, or advanced practice registered nurse who, in good
4 faith, provides a statement that restraint would be inappropriate is not subject to civil
5 liability.
6 4. A violation for not wearing a safety belt under this section is not, in itself, evidence of
7 negligence. The fact of a violation of this section is not admissible in any proceeding
8 other than one charging the violation.
Page No. 2 21.0570.01000
Statutes affected: INTRODUCED: 39-21-41.4