# Title 37 — Department of Transportation

## Article 37-04 — Regulation of Snowmobiles and All-Terrain Vehicles Operation on State Highway System

## Chapter 37-04-01 — General Rules of Operation

### § 37-04-01-01. Definitions.

The terms herein shall have the same meaning as in North Dakota Century Code title 24, except:
1. "Back-slope" means that portion of the highway right of way commencing at the outer ditch
bottom and angling to the top of the ditch section at the outer edge of the right of way.
2. "Inslope" means that portion of the highway commencing at the edge of the shoulder and
sloping to the ditch bottom.
3. "Permit" means written authorization from the state highway commissioner to the sponsoring
party permitting the use of the highway right of ways for racing purposes.
4. "Recreational vehicle" means a snowmobile as defined by subsection 9 of North Dakota
Century Code section 39-24-01, or an all-terrain vehicle as defined by subsection 1 of North
Dakota Century Code section 39-01-01.
5. "State highway system" means those highways designated as a United States (US) route, a
North Dakota (ND) route, but excluding the interstate system.
History: Effective January 1, 1979; amended effective October 1, 1988.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
### § 37-04-01-02. Prohibited use of highway right of way.

Repealed effective October 1, 1988.
### § 37-04-01-03. Permitted use of highway rights of way.

A person having a valid operator's license may operate a registered recreational vehicle upon the
ditch bottoms, back-slopes, and the top of the back-slope on any state highway.
History: Effective January 1, 1979; amended effective October 1, 1988.

General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
### § 37-04-01-04. Crossing of state highways.

Repealed effective October 1, 1988.
### § 37-04-01-05. Transitory operation on shoulder, inslope, or roadway.

A person may operate a recreational vehicle upon the shoulder, inslope, or roadway of a state
highway only when an obstruction prevents the safe operation of the recreational vehicle upon the ditch
bottom and the backslope. The operation on the shoulder, inslope, or roadway shall be for the sole
purpose of avoiding the obstruction and upon passing the obstruction, the operator shall return the
recreational vehicle to the ditch bottom of backslope.
History: Effective January 1, 1979; amended effective October 1, 1988.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
### § 37-04-01-06. Organized races permitted.

The highway commissioner may authorize utilization of the ditches, back-slopes, and tops of the
back-slopes for organized and bona fide recreational vehicle races on highways under the
commissioner's jurisdiction. Such authorization shall be in the form of a written permit as prescribed by
the commissioner.
History: Effective January 1, 1979; amended effective October 1, 1988.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
### § 37-04-01-07. Applications for racing permit.

An application for the use of highway right of way for recreational vehicle racing shall be made
upon the form provided for that purpose by the highway commissioner. Such application shall include,
but not be limited to, the following: route selection, date and time of the race, sponsor of the race,
safety precautions instituted, if any, and the designation of any crossing of a highway on the state
highway system.
History: Effective January 1, 1979; amended effective October 1, 1988.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
### § 37-04-01-08. Headlamps.

All recreational vehicles shall be equipped with at least one headlamp mounted in front of the
vehicle. Such headlamp on a recreational vehicle shall be of a sufficient intensity to reveal a person or
vehicle under the following conditions:
1. Not less than one hundred feet [34.8 meters] when the recreational vehicle is operated at any
speed less than twenty-five miles [40.23 kilometers] per hour.
2. At a distance of not less than two hundred feet [69.6 meters] when the recreational vehicle is
operated at a speed of twenty-five miles [40.23 kilometers] or more per hour.
3. At a distance of not less than three hundred feet [104.4 meters] when therecreational vehicle
is operated at a speed of thirty-five miles [56.33 kilometers] or more per hour.

The headlamp shall be so mounted that when the recreational vehicle is not loaded, none of the light
shall, at a distance of twenty-five feet [7.6 meters] ahead, project higher than a level of five inches [12.7
centimeters] below the level of the center of the lamp and in no case higher than forty-two inches
[106.68 centimeters] above the level on which the recreational vehicle stands at a distance of
seventy-five feet [22.86 meters] ahead.
History: Effective January 1, 1979; amended effective October 1, 1988.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
### § 37-04-01-09. Taillamps.

All recreational vehicles shall be equipped with at least one taillamp being so mounted to be visible
to the rear of the vehicle. The taillamp shall be capable of being seen and distinguished under normal
atmospheric conditions at the time lights are required at a distance of four hundred feet [121.92 meters]
from the rear of the recreational vehicle. Such taillamp shall not be altered in any manner that would
diminish its light intensity or alignment.
History: Effective January 1, 1979; amended effective October 1, 1988.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08
### § 37-04-01-10. Brakes.

Recreational vehicles shall be equipped with brakes capable of controlling the vehicles under
normal operating conditions.
History: Effective January 1, 1979; amended effective October 1, 1988.
General Authority: NDCC 39-24-08, 39-29-08
Law Implemented: NDCC 39-24-08, 39-29-08

_____________________, is hereby authorized pursuant to
sponsor
North Dakota Century Code sections 39-24-08 and 39-29-08 to conduct
a recreational vehicle race, pursuant to the terms and conditions of
its application, a copy of which is annexed hereto and incorporated as a
part of this permit40 , all or limited by the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
______________________________
Highway Commissioner
Dated this____day of ___________, 19___.

The applicant requests a permit to conduct a recreational
vehicle race, which will be sponsored by __________________,
name
__________________, to take place on the rights of way of the following
address
state highways:
__________________________ ____________________________
__________________________ ____________________________
__________________________ ____________________________
Such race will take place on _______________ and will commence
date
at ____ ___.m. and will terminate at _____ ___.m.
The route selected for the race will require the crossing of
state highways at the following listed locations:
__________________________ ___________________________
__________________________ ___________________________
__________________________ ___________________________
The following safety precautions have been instituted and
will be utilized during the period in which the race is conducted:
___________________________ __________________________
___________________________ __________________________
___________________________ __________________________
Dated this ___ day of ___________, 19__.
___________________________
Applicant
___________________________
Sponsor
