23.0224.01000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1316
of North Dakota
Introduced by
Representatives Mock, Christy, Ista, Koppelman, Louser, D. Ruby, Wagner, Warrey
Senators Conley, Meyer
1 A BILL for an Act to create and enact a new section to chapter 39-10.1 of the North Dakota
2 Century Code, relating to autocycles; to amend and reenact sections 39-01-01, 39-08-01, and
3 39-10.1-08 of the North Dakota Century Code, relating to definitions relating to autocycles,
4 driving while under the influence of intoxicating liquor, and exempting autocycles from the point
5 system; and to provide a penalty.
6 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
7 SECTION 1. AMENDMENT. Section 39-01-01 of the North Dakota Century Code is
8 amended and reenacted as follows:
9 39-01-01. Definitions.
10 In this title, unless the context or subject matter otherwise requires:
11 1. "Appropriate licensed addiction treatment program" means an addiction treatment
12 program conducted by an addiction facility licensed by the department of health and
13 human services or conducted by a licensed individual specifically trained in addiction
14 treatment.
15 2. "Authorized emergency vehicles":
16 a. "Class A" authorized emergency vehicles means:
17 (1) Vehicles of a governmentally owned fire department.
18 (2) Vehicles when operated by or under the control of a police officer having
19 authority to enforce the provisions of this title or by a salaried employee of a
20 municipal police department within the municipality or by a sheriff or deputy
21 sheriff not including special deputy sheriffs, or by the director of the
22 department of corrections and rehabilitation and the director's authorized
23 agents who have successfully completed training in the operation of class A
24 authorized emergency vehicles.
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1 (3) Vehicles clearly identifiable as property of the department of corrections and
2 rehabilitation when operated or under the control of the director of the
3 department of corrections and rehabilitation.
4 (4) Ambulances and other vehicles authorized by licensure granted under
5 chapter 23-27.
6 (5) Vehicles operated by or under the control of the director, district deputy
7 director, or a district deputy game warden of the game and fish department.
8 (6) Vehicles owned or leased by the United States and used for law
9 enforcement purposes.
10 (7) Vehicles designated for the use of the adjutant general or assistant adjutant
11 general in cases of emergency.
12 (8) Vehicles operated by or under the control of the director of the parks and
13 recreation department.
14 (9) Vehicles operated by or under the control of a licensed railroad police officer
15 and used for law enforcement purposes.
16 (10) Vehicles operated by or under the control of the state forester.
17 (11) Vehicles operated by or under the control of the bureau of criminal
18 investigation and used for law enforcement purposes.
19 (12) Vehicles operated by or under the department of health and human services
20 in cases of emergencies.
21 (13) Vehicles used or operated by governmental search and rescue personnel
22 while performing emergency operations or duties. As used in this paragraph,
23 "search and rescue" means deployment, coordination, and use of available
24 resources and personnel in locating, relieving the distress, and preserving
25 the life of and removing an individual who is missing, trapped, or lost in the
26 backcountry, remote areas, or waters of the state. The term includes water
27 and dive rescue.
28 b. "Class B" authorized emergency vehicles means wreckers and such other
29 emergency vehicles as are authorized by the local authorities.
30 c. "Class C" authorized emergency vehicles means:
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1 (1) Vehicles used by the state division of homeland security or local division of
2 emergency management organizations.
3 (2) Vehicles used by volunteer firefighters while performing their assigned
4 disaster and emergency responsibilities.
5 (3) Vehicles, other than ambulances, used by emergency medical services
6 personnel.
7 (4) Vehicles used by volunteer search and rescue personnel if performing an
8 emergency operation or duty upon the request of a state entity, political
9 subdivision, or volunteer fire department. A volunteer organization may
10 classify a personal vehicle as a class C emergency vehicle if needed to
11 assist in a search and rescue operation in accordance with this paragraph.
12 As used in this paragraph, "search and rescue" means deployment,
13 coordination, and use of available resources and personnel in locating,
14 relieving the distress, and preserving the life of and removing an individual
15 who is missing, trapped, or lost in the backcountry, remote areas, or waters
16 of the state. The term includes water and dive rescue.
17 3. "Autocycle" means a vehicle that:
18 a. Has fully operative pedals for propulsion entirely by human power;
19 b. Has at least four wheels and is operated in a manner similar to a bicycle;
20 c. Has at least five seats for passengers;
21 d. Has been designed to be occupied by a driver and powered either by passengers
22 providing pedal power to the drive train of the vehicle or by a motor capable of
23 propelling the vehicle in the absence of human power;
24 e. Is used for commercial purposes;
25 f. Is operated by the owner of the vehicle or an employee of the owner of the
26 vehicle;
27 g. Is equipped with antilock brakes; and
28 h. Is equipped with a steering wheel that gives the driver exclusive control of the
29 direction of the vehicle.
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1 4. "Bicycle" means every device propelled solely by human power upon which any
2 person may ride, having two tandem wheels or two parallel wheels and one forward or
3 rearward wheel. The term includes an electric bicycle and an autocycle.
4 4.5. "Bus" means every motor vehicle designed for carrying more than ten passengers and
5 used for the transportation of persons, and every motor vehicle, other than a taxicab,
6 designed and used for the transportation of persons for compensation. Provided,
7 every motor vehicle designed for carrying not more than fifteen persons and used for a
8 ridesharing arrangement, as defined in section 8-02-07, is not a "bus".
9 5.6. "Business district" means the territory contiguous to a highway when fifty percent or
10 more of the frontage thereon for a distance of three hundred feet [91.44 meters] or
11 more is occupied by buildings in use for business.
12 6.7. "Camping trailer" means a vehicular portable unit mounted on wheels and constructed
13 with collapsible partial side walls that fold for towing by another vehicle and unfold at
14 the campsite to provide temporary living quarters for recreational, camping, or travel
15 use.
16 7.8. "Cancellation" means a license is annulled and terminated because of an error or
17 defect or because the licensee is no longer entitled to the operator's license, but the
18 cancellation of a license is without prejudice and application for a new license may be
19 made at any time after the cancellation.
20 8.9. "Child restraint system" means a specifically designed device, built-in seating system,
21 or belt-positioning booster that meets the federal motor vehicle safety standards and is
22 permanently affixed to a motor vehicle, is affixed to the vehicle by a safety belt or
23 universal attachment system, or is combined with a federally compliant safety belt
24 system.
25 9.10. "Commercial freighting" means the carriage of things other than passengers, for hire,
26 except that such term does not include:
27 a. The carriage of things other than passengers within the limits of the same city;
28 b. Carriage by local dray lines of baggage or goods to or from a railroad station from
29 or to places in such city or in the immediate vicinity thereof, in this state, and not
30 to exceed two miles [3.22 kilometers] from the corporate or recognized limits of
31 said city; or
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1 c. Hauling done by farmers for their neighbors in transporting agricultural products
2 to or from market.
3 10.11. "Commercial passenger transportation" means the carriage of passengers for hire,
4 except that the term does not include:
5 a. The carriage of passengers within the limits of a city.
6 b. The carriage by local buslines of passengers to or from a railroad station from or
7 to places within any city or within two miles [3.22 kilometers] of the limits of the
8 city.
9 c. The carriage of passengers under a ridesharing arrangement, as defined in
10 section 8-02-07.
11 11.12. "Commissioner" means the director of the department of transportation of this state,
12 acting directly or through authorized agents as provided by section 24-02-01.3.
13 12.13. "Controlled-access highway" means every highway, street, or roadway in respect to
14 which owners or occupants of abutting lands and other persons have no legal right of
15 access to or from the same except at such points only and in such manner as may be
16 determined by the public authority having jurisdiction over such highway, street, or
17 roadway.
18 13.14. "Conviction" means a final order or judgment or conviction by the North Dakota
19 supreme court, any lower court having jurisdiction, a tribal court, or a court in another
20 state if an appeal is not pending and the time for filing a notice of appeal has elapsed.
21 Subject to the filing of an appeal, the term includes:
22 a. An imposed and suspended sentence;
23 b. A deferred imposition of sentence under subsection 4 of section 12.1-32-02; or
24 c. A forfeiture of bail or collateral deposited to secure a defendant's appearance in
25 court and the forfeiture has not been vacated.
26 14.15. "Crosswalk" means that part of a roadway at an intersection included within the
27 connections of the lateral lines of the sidewalks on opposite sides of the highway
28 measured from the curbs, or, in the absence of curbs, from the edges of the
29 traversable roadway; or any portion of a roadway at an intersection or elsewhere
30 distinctly indicated for pedestrian crossing by lines or other markings on the surface.
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1 15.16. "Dealer" means every person, partnership, corporation, or limited liability company
2 engaged in the business of buying, selling, or exchanging motor vehicles, or who
3 advertises, or holds out to the public as engaged in the buying, selling, or exchanging
4 of motor vehicles, or who engages in the buying of motor vehicles for resale. Any
5 person, partnership, corporation, limited liability company, or association doing
6 business in several cities or in several locations within a city must be considered a
7 separate dealer in each such location.
8 16.17. "Department" means the department of transportation of this state as provided by
9 section 24-02-01.1.
10 17.18. "Director" means the director of the department of transportation of this state as
11 provided by section 24-02-01.3.
12 18.19. "Driver" means every person who drives or is in actual physical control of a vehicle.
13 19.20. "Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or
14 seat for the rider, and an electric motor of seven hundred fifty or fewer watts which
15 meets the requirements of one of the following three classes:
16 a. A class 1 electric bicycle if the motor provides assistance only when the individual
17 is pedaling and the motor ceases to provide assistance when a speed of twenty
18 miles [32 kilometers] per hour is achieved.
19 b. A class 2 electric bicycle if the motor is capable of propelling the bicycle without
20 the individual pedaling and the motor ceases to provide assistance when a speed
21 of twenty miles [32 kilometers] per hour is achieved.
22 c. A class 3 electric bicycle if the motor provides assistance only when the individual
23 is pedaling and the motor ceases to provide assistance when a speed of
24 twenty-eight miles [45 kilometers] per hour is achieved.
25 20.21. "Electronic communication device" means an electronic device, including a wireless
26 telephone, personal digital assistant, a portable or mobile computer or other device,
27 and video display equipment. The term does not include a global positioning system or
28 navigation system or a device that is physically or electronically integrated into the
29 motor vehicle.
30 21.22. "Essential parts" means all integral and body parts of a vehicle of a type required to be
31 registered hereunder, the removal, alteration, or substitution of which would tend to
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1 conceal the identity of the vehicle or substantially alter its appearance, model, type, or
2 mode of operation and includes all integral parts and body parts, the removal,
3 alteration, or substitution of which will tend to conceal the identity or substantially alter
4 the appearance of the vehicle.
5 22.23. "Explosives" means any chemical compound or mechanical mixture that is commonly
6 used or intended for the purpose of producing an explosion and which contains any
7 oxidizing and combustive units or other ingredients in such proportions, quantities, or
8 packing that an ignition by fire, by friction, by concussion, by percussion, or by
9 detonator of any part of the compound or mixture may cause such a sudden
10 generation of highly heated gases that the resultant gaseous pressures are capable of
11 producing destructive effects on contiguous objects or by destroying life or limb.
12 23.24. "Farm tractor" includes every motor vehicle designed and used primarily as a farm
13 implement for drawing plows, moving machines, and other implements of husbandry.
14 24.25. "Farm trailer" includes those trailers and semitrailers towed by a bona fide resident
15 farmer hauling the farmer's own agricultural, horticultural, dairy, and other farm
16 products if the gross weight, not including the towing vehicle, does not exceed
17 twenty-four thousand pounds [10886.22 kilograms].
18 25.26. "Fifth-wheel travel trailer" means a vehicular unit mounted on wheels, designed to
19 provide temporary living quarters for recreational, camping, or travel use, of such size
20 or weight as not to require a special highway movement permit and designed to be
21 towed by a motorized vehicle that contains a towing mechanism that is mounted
22 above or forward of the tow vehicle's rear axle.
23 26.27. "Flammable liquid" means any liquid which has a flash point of seventy degrees
24 Fahrenheit [21.11 degrees Celsius], or less, as determined by a tagliabue or
25 equivalent closed-cup test device.
26 27.28. "Foreign vehicle" means every motor vehicle which is brought into this state other than
27 in the ordinary course of business by or through a manufacturer or dealer and which
28 has not been registered in this state.
29 28.29. "Gross weight" means the weight of a vehicle without load plus the weight of any load
30 thereon.
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