# Title 39 — Motor Vehicles

## Chapter 39-10.1 — Bicycles

### § 39-10.1-01. Effect of chapter - Penalty for violation.

1. It is unlawful for any person to do any act forbidden or fail to perform any act required
in this chapter. Except as provided in section 39-10.1-10, a person who violates any of
the provisions of this chapter may be assessed a fee not to exceed five dollars.
2. The parent of any child and the guardian of any ward may not authorize or knowingly
permit any such child or ward to violate any of the provisions of this chapter.
3. These provisions applicable to bicycles apply whenever a bicycle is operated upon any
highway or upon any path set aside for the exclusive use of bicycles subject to those
exceptions stated herein.
### § 39-10.1-02. Traffic laws apply to persons riding bicycles.

Every person riding a bicycle upon a roadway is granted all of the rights and is subject to all
of the duties applicable to the driver of a vehicle by this title, except as to special regulations in
this title and except as to those provisions of this title which by their nature can have no
application.
### § 39-10.1-03. Riding on bicycle.

1. A person propelling a bicycle may not ride other than upon or astride a permanent and
regular seat attached thereto.
2. No bicycle may be used to carry more persons at one time than the number for which
it is designed and equipped.
### § 39-10.1-04. Clinging to vehicle.

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may attach the
same or the person's self to any vehicle upon a roadway, except a sled being pulled by a
snowmobile.
### § 39-10.1-05. Riding on roadway and bicycle path.

1. An individual operating a bicycle upon a roadway shall ride as near to the right side of
the roadway as practicable, exercising due care when passing a standing vehicle or
one proceeding in the same direction.
2. A group of individuals riding bicycles upon a roadway may not ride more than two
abreast, except on paths or parts of roadways set aside for the exclusive use of
bicycles.
### § 39-10.1-05.1. Yielding and stopping while operating a bicycle on a roadway.

1. An individual operating a bicycle who is approaching a stop sign at an intersection with
a roadway having three or more lanes for moving traffic shall come to a complete stop
before entering the intersection.
2. An individual operating a bicycle who is approaching a stop sign at an intersection
where a vehicle is stopped in the roadway at the same stop sign shall come to a
complete stop before entering the intersection.
3. An individual operating a bicycle who is approaching a stop sign at an intersection with
a roadway having two or fewer lanes for moving traffic shall reduce speed and, if
required for safety, stop before entering the intersection. After slowing to a reasonable
speed or stopping, the individual shall yield the right of way to any vehicle in the
intersection or approaching on another roadway so closely as to constitute an
immediate hazard during the time the individual is moving across or within the
intersection, except that an individual, after slowing to a reasonable speed and yielding
the right of way if required, cautiously may make a turn or proceed through the
intersection without stopping.

4. An individual operating a bicycle who is approaching an intersection shall yield the
right of way to any vehicle that already has entered the intersection.
5. When an individual operating a bicycle and a vehicle enter an intersection from
different roadways at approximately the same time, the operator of the vehicle or
bicycle on the left shall yield the right of way to the vehicle or bicycle on the right.
6. If the individual operating a bicycle is involved in a collision with a vehicle in the
intersection or junction of roadways after proceeding past a stop sign without stopping
or past a steady red traffic-control light, the collision is deemed prima facie evidence of
the individual's failure to yield the right of way.
### § 39-10.1-06. Carrying article.

No person operating a bicycle may carry any package, bundle, or article which prevents the
driver from keeping at least one hand upon the handlebars.
### § 39-10.1-07. Lamps and other equipment on bicycles.

1. Every bicycle when in use at nighttime must be equipped with a lamp on the front
which emits a white light visible from a distance of at least five hundred feet [152.4
meters] to the front and with a red reflector on the rear of a type approved by the
department. A lamp emitting a red light visible from a distance of five hundred feet
[152.4 meters] to the rear may be used in addition to the red reflector.
2. Every bicycle must be equipped with a brake which will enable the operator to make
the braked wheels skid on dry, level, clean pavement.
### § 39-10.1-07.1. Motorized bicycle - Age of operator.

Repealed by S.L. 1983, ch. 414, § 6.
### § 39-10.1-08. Point system not applicable.

Any violation of this chapter, or any moving violation as defined in section 39-06.1-09, or
any nonmoving violation as defined in section 39-06.1-08 when committed on a bicycle, an
electric bicycle, or a multipassenger bicycle, as defined in section 39-01-01, is not cause for the
licensing authority to assess points against the driving record of the violator pursuant to section
### § 39-06.1-10. Any other legally authorized penalty for a criminal traffic offense or noncriminal

traffic violation is applicable to bicyclists.
### § 39-10.1-09. Electric bicycles.

1. Beginning January 1, 2022, any person that manufacturers or distributes an electric
bicycle in this state shall affix a permanent label to the electric bicycle which contains
the following information in at least nine-point Arial font:
a. The designated class of the electric bicycle;
b. The maximum assisted speed of the electric bicycle; and
c. The wattage of the electric bicycle's motor.
2. Any electric bicycle equipment and manufacturing must be in accordance with the
requirements for bicycles provided under 16 CFR part 1512.
3. An electric bicycle must be equipped so the electric motor can be disengaged or cease
to function when the individual operating the electric bicycle stops pedaling or when
the brakes are applied.
4. A person may not tamper with or modify an electric bicycle to change the motor-
powered speed capability or engagement of an electric bicycle, unless the label
indicating the classification required under subsection 1 is replaced after modification.
5. Unless otherwise prohibited by a governmental entity having jurisdiction, an individual
may operate an electric bicycle on any bicycle path or multi-use path.
6. An individual operating a class 3 electric bicycle shall ensure the bicycle is equipped
with a functioning speedometer.
7. An individual under the age of eighteen may not operate a class 3 electric bicycle
unless the individual is wearing a safety helmet.

### § 39-10.1-10. Bicycling or riding an animal while under the influence of alcohol or drugs

- Penalty.
An individual operating a bicycle or riding an animal on a roadway, or an area the public has
access to, may not be under the influence of alcohol or any drug to a degree which renders the
individual a hazard to themselves or the general public. An individual who violates this section
must be assessed a fee of two hundred dollars.
### § 39-10.1-11. Multipassenger bicycles.

Unless otherwise allowed by a governmental entity having jurisdiction, a multipassenger
bicycle may not be operated on any bicycle path or multi-use path.
