# Title 39 — Motor Vehicles

## Chapter 39-10.2 — Motorcycles

### § 39-10.2-01. Traffic laws apply to person operating motorcycle or motorized bicycle.

Every person operating a motorcycle or motorized bicycle is granted all of the rights and is
subject to all of the duties applicable to the driver of any other vehicle under this title, except as
to special regulations in this chapter and except as to those provisions of this title which by their
nature can have no application. For purposes of this chapter, the term "motorcycle" means
motorcycles and motorized bicycles.
### § 39-10.2-02. Riding on motorcycle.

1. A person operating a motorcycle shall ride only upon the permanent and regular seat
attached thereto, and such operator may not carry any other person nor may any other
person ride on a motorcycle unless such motorcycle is designed to carry more than
one person, in which event a passenger may ride upon the permanent and regular
seat if designed for two persons, or upon another seat firmly attached to the
motorcycle at the rear or side of the operator.
2. A person shall ride upon a motorcycle only while sitting astride the seat, facing
forward, with one leg on each side of the motorcycle.
3. No person may operate a motorcycle while carrying any package, bundle, or other
article which prevents the person from keeping both hands on the handlebars.
4. No operator may carry any person, nor may any person ride in a position that will
interfere with the operation or control of the motorcycle or the view of the operator.
### § 39-10.2-03. Operating motorcycles on roadways laned for traffic.

1. All motorcycles are entitled to full use of a lane and no motor vehicle may be driven in
such a manner as to deprive any motorcycle of the full use of a lane. This subsection
does not apply to the operation of motorcycles two abreast in a single lane as
authorized in subsection 4.
2. The operator of a motorcycle may not overtake and pass in the same lane occupied by
the vehicle being overtaken.
3. No person may operate a motorcycle between lanes of traffic or between adjacent
lines or rows of vehicles.
4. Motorcycles may not be operated more than two abreast in a single lane.
5. Subsections 2 and 3 do not apply to police officers in the performance of their official
duties.
### § 39-10.2-04. Clinging to other vehicle.

No person riding upon a motorcycle may attach the person's self or the motorcycle to any
other vehicle on a roadway.
### § 39-10.2-05. Footrests.

Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, must be
equipped with footrests for such passenger.
### § 39-10.2-06. Equipment for motorcycle riders.

1. No person under the age of eighteen years may operate or ride upon a motorcycle
unless a safety helmet meeting United States department of transportation standards
is being worn on the head of the operator and rider, except when participating in a
lawful parade. If the operator of a motorcycle is required to wear a safety helmet, any
passenger must also wear a safety helmet regardless of the age of the passenger.
2. This section does not apply to persons riding within an enclosed cab or on a golf cart.
3. No person may operate a motorcycle if a person under the age of eighteen years is a
passenger upon that motorcycle and is not wearing a safety helmet as provided in
subsection 1.

### § 39-10.2-07. Other applicable law.

All of the provisions of chapter 39-06.1 pertaining to the disposition of traffic offenses apply
to this chapter.
