# Title 37 — Department of Transportation

## Article 37-12 — Motor Vehicle Division

## Chapter 37-12-02 — Special Motor Vehicles

### § 37-12-02-01. General considerations.

1. Scope. Vehicles constructed, reconstructed, or modified shall comply with all provisions of
North Dakota Century Code chapter 39-21 and any other applicable provision of North Dakota
Century Code title 39, unless specifically excepted. The requirements of this chapter shall not
supersede the original and unaltered design, construction, or equipment standards of motor
vehicles manufactured by a recognized manufacturer.
2. Definitions. The terms used throughout this chapter have the same meaning as in North
Dakota Century Code title 39, except:
a. "Recognized manufacturer" means a manufacturer of motor vehicles intended for use on
the public roadways and for distribution and sale in interstate commerce.
b. "Recognized manufacturer or assembler" means every fabricator of a special vehicle
assembled in its entirety as a complete product for use on the public roadways.
c. "Special motor vehicles" means any vehicles equipped with two or more axles having at
least two wheels per axle, and which are intended for use on public highways. The term
"special motor vehicle" includes the following types:
(1) Type I - Those vehicles which are restored to or retain their original configuration but
which may contain changed steering, brake, power train, or suspension systems.
(2) Type II - Those vehicles changed from the recognized vehicle manufacturer's
original body configuration but which retain the general appearance of the original
vehicle. This type may include changes and modifications to engine, chassis, brake
system, power train, steering, and suspension systems.
(3) Type III - Other than type I and type II special vehicles, those vehicles custom built
with fabricated parts, or parts taken from existing vehicles.
3. Manufacturer's certification. The manufacturer or assembler of a special vehicle (type I, II,
or III) shall provide a certification of fact that the vehicle is designed and manufactured for use
on the public roadway and complies with the performance and equipment requirements of this
chapter. Nothing contained in this chapter shall preclude the motor vehicle division director
from requiring a certificate of inspection to ensure compliance with the standard.
History: Effective July 1, 2008; amended effective January 1, 2021.
General Authority: NDCC 39-02-03
Law Implemented: NDCC 39-02-03
### § 37-12-02-02. Body requirements.

1. Door latches. Every special motor vehicle that is equipped with doors leading directly into a
compartment that contains one or more seating accommodations shall be equipped with
mechanically actuated door latches which firmly and automatically secure the door when

pushed closed and which allow each door to be opened from the inside by the actuation of a
convenient lever, handle, or other suitable device.
2. Floor pan. Every special vehicle shall be equipped with a floor pan under the entire
passenger-carrying compartment. The floor pan shall support the weight of the number of
occupants that the vehicle is designed to carry. The floor pan shall be so constructed that it
prevents the entry of exhaust fumes.
3. Hood latches. A front-opening hood shall be equipped with a primary and secondary latching
system to hold the hood in a closed position.
4. Instrumentation and controls. Every special vehicle shall be equipped with a circular
steering wheel with an outside diameter of not less than thirteen inches [33.02 centimeters].
5. Rearview mirror. Every special vehicle shall be equipped with a rearview mirror having
substantially unit magnification. It shall be mounted in such a position that it affords the driver
a clear view of a straight level road surface at least two hundred feet [60.96 meters] to the
rear. If an inside mirror does not give a clear view to the rear, a driver's side outside mirror
shall be required in lieu thereof. The mirror mounting shall provide for mirror adjustment by
tilting in both horizontal and vertical directions. Each mirror shall have a minimum of ten
square inches [64.52 square centimeters] of reflective surface.
History: Effective July 1, 2008; amended effective January 1, 2021.
General Authority: NDCC 39-02-03
Law Implemented: NDCC 39-02-03
### § 37-12-02-03. Chassis requirements.

1. Brakes. Every special motor vehicle shall be equipped with parking brakes operating on at
least two wheels on the same axle which when applied shall be capable of producing a tire to
road braking force of not less than twenty-five percent of the gross vehicle weight on a level,
dry, concrete or asphalt surface free from loose material. The parking brakes shall be so
designed that when once applied they shall remain applied with the required effectiveness
despite exhaustion of any source of energy or leakage of any kind.
2. Bumpers. Every special motor vehicle shall be equipped with a bumper both on the front and
rear of the vehicle with the exception of type I and type II special vehicles where the original or
predominant body configuration, provided by a recognized manufacturer, did not include such
bumper or bumpers in the design of the vehicle. Type I and type II special vehicles, not
excepted as noted above, and all type III special vehicles shall be equipped with horizontal
load-bearing bumpers or customized bumpers or grill bars of a sturdy construction which have
at least an evenly distributed portion of their horizontal load-bearing width within fourteen
inches and twenty-two inches [35.56 centimeters and 55.88 centimeters] above a level road
surface and which extend no less than the width of their respective wheel track distances,
when these distances are measured to the width of standard size tires. The horizontal bumper
or customized bumper or grill bar structure shall be at least four and one-half inches [11.43
centimeters] in vertical height and centered on the vehicle's centerline, and attached to the
vehicle frame to effectively transfer impact when engaged.
3. Exhaust system.
a. Every special motor vehicle shall be equipped with an exhaust system that is free of
leaks, including the exhaust manifolds (including headers), the piping leading from the
flange of the exhaust manifolds, the mufflers, and the tailpiping.

b. Exhaust systems on property-carrying vehicles shall discharge the exhaust fumes to the
rear of that part of the vehicle designed for, and normally used for, carrying the driver and
passengers.
c. Exhaust systems on passenger vehicles shall discharge the exhaust fumes at a location
to the rear of the vehicle body or direct the exhaust fumes outward from the side of the
vehicle body at a location rearward of any operable side windows.
d. No part of the exhaust system shall pass through any area of the vehicle that is used as
a passenger-carrying compartment.
4. Fenders. All wheels of every special motor vehicle shall be equipped with fenders designed
to cover the entire tire tread width that comes in contact with the road surface. Coverage of
the tire tread circumference shall be from at least fifteen degrees in front to at least
seventy-five degrees to the rear of the vertical centerline at each wheel measured from the
center of wheel rotation. At no time shall the tire come in contact with the body, fender, or
chassis of the vehicle.
5. Fuel system.
a. Every special motor vehicle shall have all fuel system components (tank, tubing, hoses,
clamps, etc.) securely fastened to the vehicle with fasteners designed for that purpose,
and fastened to assure that the fuel system shall be leakproof and fastened so as not to
interfere with the vehicle operation.
b. Fuel lines shall be positioned so as not to be in contact with high temperature surfaces or
moving components.
6. Steering and suspension.
a. A special motor vehicle shall have no parts extending below the wheel rims in their
lowest position, excepting tires and electric grounding devices designed for the purpose.
b. The steering system shall remain unobstructed when turned from lock to lock.
c. The steering wheel shall have not less than two turns nor more than six turns when
turning the road wheels from lock to lock.
d. While the vehicle is in a sharp turn at a speed between five miles and fifteen miles [8.05
kilometers and 24.14 kilometers] per hour, release of the steering wheel shall result in a
distinct tendency for the vehicle to increase its turning radius.
e. No special motor vehicle shall be constructed or loaded so that the weight on the wheels
of any axle is less than thirty percent of the gross weight of the vehicle.
f. Special vehicles shall be equipped with a damping device at each wheel location
providing a minimum relative motion between the unsprung axle and wheel and the
chassis body of plus and minus two inches [5.08 centimeters]. When each corner of the
vehicle is depressed and released, the damping device shall stop vertical body motion
within two inches [5.08 centimeters].
7. Tires. The front tires on special motor vehicles must measure a minimum of sixty percent of
the tread width of the rear tires.
History: Effective July 1, 2008.
General Authority: NDCC 39-02-03
Law Implemented: NDCC 39-02-03

### § 37-12-02-04. Electrical systems requirements - Horn.

Every special vehicle shall be equipped with a horn that is electrically operated and that will emit a
minimum sound level of eighty-five decibels measured at a distance of two hundred feet [60.96 meters]
directly in front of the vehicle under clear weather conditions. The switch used to actuate the horn shall
be easily accessible to the driver when operating the vehicle.
History: Effective July 1, 2008.
General Authority: NDCC 39-02-03
Law Implemented: NDCC 39-02-03
