# Title 39 — Motor Vehicles

## Chapter 39-01 — Definitions and General Provisions

### § 39-01-01. Definitions.

In this title, unless the context or subject matter otherwise requires:
1. "Appropriate licensed addiction treatment program" means an addiction treatment
program conducted by an addiction facility licensed by the department of health and
human services or conducted by a licensed individual specifically trained in addiction
treatment.
2. "Authorized emergency vehicles":
a. "Class A" authorized emergency vehicles means:
(1) Vehicles of a governmentally owned fire department.
(2) Vehicles when operated by or under the control of a police officer having
authority to enforce the provisions of this title or by a salaried employee of a
municipal police department within the municipality or by a sheriff or deputy
sheriff not including special deputy sheriffs, or by the director of the
department of corrections and rehabilitation and the director's authorized
agents who have successfully completed training in the operation of class A
authorized emergency vehicles.
(3) Vehicles clearly identifiable as property of the department of corrections and
rehabilitation when operated or under the control of the director of the
department of corrections and rehabilitation.
(4) Ambulances and other vehicles authorized by licensure granted under
chapter 23-27.
(5) Vehicles operated by or under the control of the director, district deputy
director, or a district deputy game warden of the game and fish department.
(6) Vehicles owned or leased by the United States and used for law
enforcement purposes.
(7) Vehicles designated for the use of the adjutant general or assistant adjutant
general in cases of emergency.
(8) Vehicles operated by or under the control of the director of the parks and
recreation department.
(9) Vehicles operated by or under the control of a licensed railroad police officer
and used for law enforcement purposes.
(10) Vehicles operated by or under the control of the state forester.
(11) Vehicles operated by or under the control of the bureau of criminal
investigation and used for law enforcement purposes.
(12) Vehicles operated by or under the department of health and human services
in cases of emergencies.
(13) Vehicles used or operated by governmental search and rescue personnel
while performing emergency operations or duties. As used in this paragraph,
"search and rescue" means deployment, coordination, and use of available
resources and personnel in locating, relieving the distress, and preserving
the life of and removing an individual who is missing, trapped, or lost in the
backcountry, remote areas, or waters of the state. The term includes water
and dive rescue.
b. "Class B" authorized emergency vehicles means wreckers and such other
emergency vehicles as are authorized by the local authorities.
c. "Class C" authorized emergency vehicles means:
(1) Vehicles used by the state division of homeland security and emergency
management or local division of emergency management organizations.
(2) Vehicles used by volunteer firefighters while performing their assigned
disaster and emergency responsibilities.

(3) Vehicles, other than ambulances, used by emergency medical services
personnel.
(4) Vehicles used by volunteer search and rescue personnel if performing an
emergency operation or duty upon the request of a state entity, political
subdivision, or volunteer fire department. A volunteer organization may
classify a personal vehicle as a class C emergency vehicle if needed to
assist in a search and rescue operation in accordance with this paragraph.
As used in this paragraph, "search and rescue" means deployment,
coordination, and use of available resources and personnel in locating,
relieving the distress, and preserving the life of and removing an individual
who is missing, trapped, or lost in the backcountry, remote areas, or waters
of the state. The term includes water and dive rescue.
3. "Bicycle" means every device propelled solely by human power upon which any
person may ride, having two tandem wheels or two parallel wheels and one forward or
rearward wheel. The term includes an electric bicycle and a multipassenger bicycle.
4. "Bus" means every motor vehicle designed for carrying more than ten passengers and
used for the transportation of persons, and every motor vehicle, other than a taxicab,
designed and used for the transportation of persons for compensation. Provided, every
motor vehicle designed for carrying not more than fifteen persons and used for a
ridesharing arrangement, as defined in section 8-02-07, is not a "bus".
5. "Business district" means the territory contiguous to a highway when fifty percent or
more of the frontage thereon for a distance of three hundred feet [91.44 meters] or
more is occupied by buildings in use for business.
6. "Camping trailer" means a vehicular portable unit mounted on wheels and constructed
with collapsible partial side walls that fold for towing by another vehicle and unfold at
the campsite to provide temporary living quarters for recreational, camping, or travel
use.
7. "Cancellation" means a license is annulled and terminated because of an error or
defect or because the licensee is no longer entitled to the operator's license, but the
cancellation of a license is without prejudice and application for a new license may be
made at any time after the cancellation.
8. "Child restraint system" means a specifically designed device, built-in seating system,
or belt-positioning booster that meets the federal motor vehicle safety standards and is
permanently affixed to a motor vehicle, is affixed to the vehicle by a safety belt or
universal attachment system, or is combined with a federally compliant safety belt
system.
9. "Commercial freighting" means the carriage of things other than passengers, for hire,
except that such term does not include:
a. The carriage of things other than passengers within the limits of the same city;
b. Carriage by local dray lines of baggage or goods to or from a railroad station from
or to places in such city or in the immediate vicinity thereof, in this state, and not
to exceed two miles [3.22 kilometers] from the corporate or recognized limits of
said city; or
c. Hauling done by farmers for their neighbors in transporting agricultural products
to or from market.
10. "Commercial passenger transportation" means the carriage of passengers for hire,
except that the term does not include:
a. The carriage of passengers within the limits of a city.
b. The carriage by local buslines of passengers to or from a railroad station from or
to places within any city or within two miles [3.22 kilometers] of the limits of the
city.
c. The carriage of passengers under a ridesharing arrangement, as defined in
section 8-02-07.
11. "Commissioner" means the director of the department of transportation of this state,
acting directly or through authorized agents as provided by section 24-02-01.3.

12. "Controlled-access highway" means every highway, street, or roadway in respect to
which owners or occupants of abutting lands and other persons have no legal right of
access to or from the same except at such points only and in such manner as may be
determined by the public authority having jurisdiction over such highway, street, or
roadway.
13. "Conviction" means a final order or judgment or conviction by the North Dakota
supreme court, any lower court having jurisdiction, a tribal court, or a court in another
state if an appeal is not pending and the time for filing a notice of appeal has elapsed.
Subject to the filing of an appeal, the term includes:
a. An imposed and suspended sentence;
b. A deferred imposition of sentence under subsection 4 of section 12.1-32-02; or
c. A forfeiture of bail or collateral deposited to secure a defendant's appearance in
court and the forfeiture has not been vacated.
14. "Crosswalk" means that part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides of the highway
measured from the curbs, or, in the absence of curbs, from the edges of the
traversable roadway; or any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other markings on the surface.
15. "Dealer" means every person, partnership, corporation, or limited liability company
engaged in the business of buying, selling, or exchanging motor vehicles, or who
advertises, or holds out to the public as engaged in the buying, selling, or exchanging
of motor vehicles, or who engages in the buying of motor vehicles for resale. Any
person, partnership, corporation, limited liability company, or association doing
business in several cities or in several locations within a city must be considered a
separate dealer in each such location.
16. "Department" means the department of transportation of this state as provided by
section 24-02-01.1.
17. "Director" means the director of the department of transportation of this state as
provided by section 24-02-01.3.
18. "Driver" means every person who drives or is in actual physical control of a vehicle.
19. "Electric bicycle" means a bicycle equipped with fully operable pedals, a saddle or seat
for the rider, and an electric motor of seven hundred fifty or fewer watts which meets
the requirements of one of the following three classes:
a. A class 1 electric bicycle if the motor provides assistance only when the individual
is pedaling and the motor ceases to provide assistance when a speed of twenty
miles [32 kilometers] per hour is achieved.
b. A class 2 electric bicycle if the motor is capable of propelling the bicycle without
the individual pedaling and the motor ceases to provide assistance when a speed
of twenty miles [32 kilometers] per hour is achieved.
c. A class 3 electric bicycle if the motor provides assistance only when the individual
is pedaling and the motor ceases to provide assistance when a speed of
twenty-eight miles [45 kilometers] per hour is achieved.
20. "Electronic communication device" means an electronic device, including a wireless
telephone, personal digital assistant, a portable or mobile computer or other device,
and video display equipment. The term does not include a global positioning system or
navigation system or a device that is physically or electronically integrated into the
motor vehicle.
21. "Essential parts" means all integral and body parts of a vehicle of a type required to be
registered hereunder, the removal, alteration, or substitution of which would tend to
conceal the identity of the vehicle or substantially alter its appearance, model, type, or
mode of operation and includes all integral parts and body parts, the removal,
alteration, or substitution of which will tend to conceal the identity or substantially alter
the appearance of the vehicle.
22. "Explosives" means any chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in such proportions, quantities, or

packing that an ignition by fire, by friction, by concussion, by percussion, or by
detonator of any part of the compound or mixture may cause such a sudden
generation of highly heated gases that the resultant gaseous pressures are capable of
producing destructive effects on contiguous objects or by destroying life or limb.
23. "Farm tractor" includes every motor vehicle designed and used primarily as a farm
implement for drawing plows, moving machines, and other implements of husbandry.
24. "Farm trailer" includes those trailers and semitrailers towed by a bona fide resident
farmer hauling the farmer's own agricultural, horticultural, dairy, and other farm
products if the gross weight, not including the towing vehicle, does not exceed
twenty-four thousand pounds [10886.22 kilograms].
25. "Fifth-wheel travel trailer" means a vehicular unit mounted on wheels, designed to
provide temporary living quarters for recreational, camping, or travel use, of such size
or weight as not to require a special highway movement permit and designed to be
towed by a motorized vehicle that contains a towing mechanism that is mounted above
or forward of the tow vehicle's rear axle.
26. "Flammable liquid" means any liquid which has a flash point of seventy degrees
Fahrenheit [21.11 degrees Celsius], or less, as determined by a tagliabue or equivalent
closed-cup test device.
27. "Foreign vehicle" means every motor vehicle which is brought into this state other than
in the ordinary course of business by or through a manufacturer or dealer and which
has not been registered in this state.
28. "Gross weight" means the weight of a vehicle without load plus the weight of any load
thereon.
29. "Guest" means and includes a person who accepts a ride in any vehicle without giving
compensation therefor.
30. "Highway" means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of
vehicular travel and of every way privately maintained within a mobile home park,
trailer park, or campground containing five or more lots for occupancy by mobile
homes, travel trailers, or tents when any part thereof is open for purposes of vehicular
travel.
31. "House car" or "motor home" means a motor vehicle which has been reconstructed or
manufactured primarily for private use as a temporary or recreational dwelling and
having at least four of the following permanently installed systems:
a. Cooking facilities.
b. Icebox or mechanical refrigerator.
c. Potable water supply including plumbing and a sink with faucet either
self-contained or with connections for an external source, or both.
d. Self-contained toilet or a toilet connected to a plumbing system with connection
for external water disposal, or both.
e. Heating or air-conditioning system, or both, separate from the vehicle engine or
the vehicle engine electrical system.
f. A 110-115 volt alternating current electrical system separate from the vehicle
engine electrical system either with its own power supply or with a connection for
an external source, or both, or a liquefied petroleum system and supply.
32. "Implement of husbandry" means every vehicle designed and adapted exclusively for
agricultural, horticultural, or livestock raising operations or for lifting or carrying an
implement of husbandry and in either case not subject to registration if used upon the
highway.
33. "Intersection" means the area embraced within the prolongation or connection of the
lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two
highways which join one another at, or approximately at, right angles, or the area
within which vehicles traveling upon different highways joining at any other angle may
come in conflict. Where a highway includes two roadways thirty feet [9.14 meters] or
more apart, then every crossing of each roadway of such divided highway by an
intersecting highway must be regarded as a separate intersection. In the event such

intersecting highway also includes two roadways thirty feet [9.14 meters] or more
apart, then every crossing of two roadways of such highways must be regarded as a
separate intersection.
34. "Intoxicating liquor" means and includes any beverage containing alcohol.
35. "Judgment" means any judgment which has become final by expiration without appeal
of the time within which an appeal might have been perfected, or by final affirmation on
appeal, rendered by a court of competent jurisdiction of any state of the United States,
upon a claim for relief arising out of ownership, maintenance, or use of any motor
vehicle, for damages, including damages for care and loss of services, because of
bodily injury to or death of any person, or for damages because of injury to or
destruction of property, including the loss of use thereof, or upon a claim for relief on
an agreement of settlement for such damages.
36. "Legal owner" means a person who holds the legal title to a vehicle.
37. "Licensed health care provider" means doctor of medicine, doctor of osteopathy,
doctor of chiropractic, optometrist, psychologist, advanced practice registered nurse,
or physician assistant who is licensed, certified, or registered in accordance with laws
and regulations in this or another state.
38. "Lienholder" means a person holding a security interest in a vehicle.
39. "Local authorities" includes every county, municipal, and other local board or body
having authority to adopt local police regulations under the constitution and laws of this
state.
40. "Mail" means to deposit mail properly addressed and with postage prepaid with the
United States postal service.
41. "Manifest injustice" means a specific finding by the court that the imposition of
sentence is unreasonably harsh or shocking to the conscience of a reasonable person,
with due consideration of the totality of circumstances.
42. "Manufactured home" means a structure, transportable in one or more sections, that,
in the traveling mode, is eight body feet [2.44 meters] or more in width or forty body
feet [12.19 meters] or more in length, or, when erected onsite, is three hundred twenty
square feet [29.73 square meters] or more, and which is built on a permanent chassis
and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems contained therein. The term includes any structure that meets
all of the requirements of this subsection except the size requirements and with
respect to whether the manufacturer voluntarily files a certification required by the
United States secretary of housing and urban development and complies with the
standards established under title 42 of the United States Code.
43. "Manufacturer" means any person who manufactures, assembles, or imports and sells
new motor vehicles to new motor vehicle dealers for resale in the state; but such term
does not include a person who assembles or specially builds interior equipment on a
completed vehicle supplied by another manufacturer, distributor, or supplier.
44. "Metal tires" includes all tires the surface of which in contact with the highway is wholly
or partly of metal or other hard, nonresilient material except that this provision does not
apply to pneumatic tires.
45. "Mobile home" means a structure, either single or multisectional, which is built on a
permanent chassis, ordinarily designed for human living quarters, either on a
temporary or permanent basis, owned or used as a residence or place of business of
the owner or occupant, which is either attached to utility services or is twenty-seven
feet [8.23 meters] or more in length.
46. "Modular unit" includes every factory fabricated transportable building unit designed to
be incorporated with similar units at a building site into a modular structure to be used
for residential, commercial, educational, or industrial purposes.
47. "Motor vehicle" includes every vehicle that is self-propelled, every vehicle that is
propelled by electric power obtained from overhead trolley wires, but not operated
upon rails, and, for purposes of motor vehicle registration, title registration, and

operator's licenses, motorized bicycles. The term does not include a snowmobile as
defined in section 39-24-01, an electric bicycle, or a multipassenger bicycle.
48. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three wheels in contact with the ground,
but excluding implements of husbandry. The term does not include an electric bicycle.
49. "Motorized bicycle" means a vehicle equipped with two or three wheels, foot pedals to
permit muscular propulsion or footrests for use by the operator, a power source
providing up to a maximum of two brake horsepower having a maximum piston or rotor
displacement of 3.05 cubic inches [49.98 milliliters] if a combustion engine is used,
which will propel the vehicle, unassisted, at a speed not to exceed thirty miles [48.28
kilometers] per hour on a level road surface, and a power drive system that functions
directly or automatically only, not requiring clutching or shifting by the operator after the
drive system is engaged, and the vehicle may not have a width greater than thirty-two
inches [81.28 centimeters]. The term does not include an electric bicycle.
50. "Motor-powered recreational vehicle" means a motorcycle, unconventional vehicle, or
off-highway vehicle as defined in section 39-29-01, or a snowmobile as defined in
section 39-24-01. The term does not include an electric bicycle.
51. "Multipassenger bicycle" means a vehicle that:
a. Has fully operative pedals for propulsion entirely by human power;
b. Has at least four wheels and is operated in a manner similar to a bicycle;
c. Has at least five seats for passengers;
d. Has been designed to be occupied by a driver and powered either by passengers
providing pedal power to the drive train of the vehicle or by a motor capable of
propelling the vehicle in the absence of human power;
e. Is used for commercial purposes;
f. Is operated by the owner of the vehicle or an employee of the owner of the
vehicle;
g. Is equipped with a steering wheel that gives the driver exclusive control of the
direction of the vehicle;
h. Is equipped with at least one taillamp in accordance with section 39-21-04;
i. Is equipped with a stop lamp in accordance with subsection 1 of section
39-21-19; and
j. Is equipped with headlamps in accordance with section 39-27-17.1.
52. "Nonresident" means any person who is not a resident of this state.
53. "Nonresident's operating privilege" means the privilege conferred upon a nonresident
by the laws of this state pertaining to the operation by such person of a motor vehicle,
or the use of a vehicle owned by such person, in this state.
54. "Official traffic-control devices" means all signs, signals, markings, and devices not
inconsistent with this title placed or erected by authority of a public body or official
having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
55. "Operator" means every person who drives or is in actual physical control of a motor
vehicle upon a highway or who is exercising control over or steering a vehicle being
towed by a motor vehicle.
56. "Operator's license", "driver's license", or "license to operate a motor vehicle" means
any operator's or driver's license or any other license or permit to operate a motor
vehicle issued under, or granted by, the laws of this state, including:
a. Any temporary license or instruction permit;
b. The privilege of any person to drive a motor vehicle whether such person holds a
valid license; or
c. Any nonresident's operating privilege as defined in this section.
57. "Owner" means a person, other than a lienholder, having the property in or title to a
vehicle. The term includes a person entitled to the use and possession of a vehicle
subject to a security interest in another person, but excludes a lessee under a lease
not intended as security.

58. "Park", when prohibited, means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading.
59. "Passenger motor vehicle" means every motor vehicle designed principally for the
transportation of persons and includes vehicles which utilize a truck chassis, but have
a seating capacity for four or more passengers.
60. "Pedestrian" means any person afoot.
61. "Person" includes every natural person, firm, copartnership, association, corporation,
or limited liability company.
62. "Pneumatic tires" includes all tires inflated with compressed air.
63. "Pole trailer" means every vehicle without motive power designed to be drawn by
another vehicle and attached to the towing vehicle by means of a reach, or pole, or by
being boomed or otherwise secured to the towing vehicle, and ordinarily used for
transporting long or irregularly shaped loads such as poles, pipes, or structural
members capable, generally, of sustaining themselves as beams between the
supporting connections.
64. "Police officer" means every officer authorized to direct or regulate traffic or to make
arrests for violations of traffic regulations.
65. "Primary source identity document" means documentary evidence of an individual's
name, date of birth, and legal presence required in chapters 39-06 and 39-06.2 related
to the issuance of permits, licenses, and nondriver photo identification cards, and
retained in the driver record.
66. "Private road or driveway" means every way or place in private ownership and used
for vehicular travel by the owner and those having express or implied permission from
the owner, but not by other persons.
67. "Proof of financial responsibility" means proof of ability to respond in damages for
liability, on account of accidents occurring after the effective date of the proof, arising
out of the ownership, maintenance, or use of a motor vehicle, in the amount of
twenty-five thousand dollars because of bodily injury to or death of one person in any
one accident, and, subject to the limit for one person, in the amount of fifty thousand
dollars because of bodily injury to or death of two or more persons in any one
accident, and in the amount of twenty-five thousand dollars because of injury to or
destruction of property of others in any one accident.
68. "Railroad" means a carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
69. "Railroad sign or signal" means any sign, signal, or device erected by authority of a
public body or official or by a railroad and intended to give notice of the presence of
railroad tracks or the approach of a railroad train.
70. "Reconstructed vehicle" means any vehicle, of a type required to be registered,
materially altered from its original construction by the removal, addition, or substitution
of new or used essential parts.
71. "Recreational vehicle" means any motorcycle not qualified for registration, off-highway
vehicle, snowmobile, vessel, or personal watercraft. The term does not include an
electric bicycle.
72. "Residence district" means territory contiguous to a highway not comprising a
business district, when the frontage on such highway for a distance of three hundred
feet [91.44 meters] or more is occupied mainly by dwellings, or by dwellings and
buildings in use for business.
73. "Revocation" means that the operator's license is terminated and may not be renewed
or restored, except on application for a new license presented to and acted upon by
the director after the expiration of the period of revocation.
74. "Right of way" means the privilege of the immediate use of a roadway.
75. "Road tractor" means every motor vehicle designed and used for drawing other
vehicles and not so constructed as to carry any load thereon either independently or
any part of the weight of a vehicle or load so drawn.

76. "Roadway" means that portion of a highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two
or more separate roadways, the term "roadway" as used herein refers to any such
roadway separately but not to all such roadways collectively.
77. "Saddle mount" means placing the front wheels of the drawn vehicle upon the bed of
the drawing vehicle.
78. "Safety zone" means the area or space officially set aside within a highway for the
exclusive use of pedestrians and which is so plainly marked or indicated by proper
signs as to be plainly visible at all times while set aside as a safety zone.
79. "Salvage certificate of title" means a document issued by the department for purposes
of proof of ownership of a salvage or destroyed vehicle and not acceptable for motor
vehicle registration purposes.
80. "Schoolbus" means a motor vehicle designed or used to carry more than ten
passengers in addition to the driver, and is used for the purpose of transporting
preprimary, primary, or secondary school students from home to school, from school to
home, or to and from school-related events. For the purposes of chapter 39-21,
"schoolbus" means any motor vehicle that is owned or leased by a public or
governmental agency and used to transport preprimary, primary, or secondary school
students to or from school or to or from school-related events, or is privately owned
and operated for compensation to transport preprimary, primary, or secondary school
students to or from school or to or from school-related events. Schoolbus does not
include a bus used as a common carrier.
81. "Semitrailer" includes every vehicle of the trailer type so designed and used in
conjunction with a truck or truck tractor that some part of its own weight and that of its
own load rests upon or is carried by a truck or truck tractor, except that it does not
include a "housetrailer" or "mobile home".
82. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of
a roadway, and the adjacent property lines, intended for use of pedestrians.
83. "Solid tire" includes every tire made of rubber or other resilient material other than a
pneumatic tire.
84. "Special mobile equipment" means every vehicle not designed or used primarily for the
transportation of persons or property and only incidentally operated or moved over a
highway.
85. "Specially constructed vehicle" means any vehicle which was not constructed originally
under the distinct name, make, model, or type by a generally recognized manufacturer
of vehicles.
86. "Stand" or "standing" means the halting of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in receiving
or discharging passengers.
87. "State" means a state, territory, or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of
Canada.
88. "Stop", when required, means complete cessation from movement.
89. "Stop" or "stopping", when prohibited, means any halting, even momentarily, of a
vehicle, whether occupied or not, except when necessary to avoid conflict with other
traffic or in compliance with the directions of a police officer or traffic-control sign or
signal.
90. "Street" means the entire width between boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of
vehicular travel.
91. "Superintendent" means the superintendent of the North Dakota state highway patrol,
acting directly or through authorized employees of the superintendent.
92. "Suspension" means that the operator's license is temporarily withdrawn but only
during the period of the suspension.
93. "Through highway" means every highway or portion thereof on which vehicular traffic
is given preferential right of way, and at the entrances to which vehicular traffic from

intersecting highways is required by law to yield right of way to vehicles on such
through highway and in obedience to either a stop sign or yield sign, when such signs
are erected by law.
94. "Trackless trolley coach" means every motor vehicle which is propelled by electric
power obtained from overhead trolley wires but not operated upon rails.
95. "Traffic" means pedestrians, ridden or herded animals, vehicles, streetcars, and other
conveyances either singly or together while using any highway for purposes of travel.
96. "Traffic-control signal" means any device, whether manually, electrically, or
mechanically operated, by which traffic is alternately directed to stop and to proceed.
97. "Trailer" includes every vehicle without motive power designed to carry property or
passengers wholly on its own structure and to be drawn by a motor vehicle, except
that it does not include a "housetrailer" or "mobile home", which terms mean a vehicle
as defined in this subsection which is designed and intended for use as living or
sleeping quarters for people and which is not used for commercial hauling of
passengers.
98. "Travel trailer" means a vehicular unit mounted on wheels, designed to provide
temporary living quarters for recreational, camping, or travel use, and of such size or
weight as not to require a special highway movement permit when towed by a
motorized vehicle.
99. "Truck" includes every motor vehicle designed, used, or maintained primarily for
transportation of property.
100. "Truck camper" means a portable unit that is constructed to provide temporary living
quarters for recreational, camping, or travel use; consists of a roof, floor, and sides;
and is designed to be loaded onto and unloaded from the bed of a pickup truck.
101. "Truck tractor" includes every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than a part of the weight
of the vehicle and load so drawn.
102. "Urban district" means the territory contiguous to and including any street which is built
up with structures devoted to business, industry, or dwelling houses situated at
intervals of less than one hundred feet [30.48 meters] for a distance of a quarter of a
mile [402.34 meters] or more.
103. "Used vehicle" means a motor vehicle which has been sold, bargained, exchanged,
given away, or the title to which has been transferred to another, by the person who
first acquired it from the manufacturer or importer, dealer, or agent of the manufacturer
or importer.
104. "Vehicle" includes every device in, upon, or by which any person or property may be
transported or drawn upon a public highway, except devices moved by human power
or used exclusively upon stationary rails or tracks. The term does not include an
electric bicycle.
### § 39-01-01.1. Declaration of legislative intent.

The legislative assembly in adopting title 39 recognized that the development of a modern
and integrated highway system which is so essential to safe and efficient highway transportation
represents a large investment of public funds. To ensure maximum public benefits from such
investment, authority has been vested in appropriate agencies of government for the
establishment, construction, maintenance, and operation of needed road facilities, within the
limits of funds made available.
Additionally, the legislative assembly recognizes that other functions of government,
established pursuant to title 39 to govern the ownership and use of motor vehicles, also are
supported by public funds and render important public services which contribute to the safe and
efficient use of roads and streets. The responsibilities of state government include such
functions as vehicle registration and titling, driver licensing, financial responsibility, police traffic
supervision, accident investigation and reporting, and use of accident records, traffic operations,
and similar functions conducted under motor vehicle laws affecting motor vehicles and their use.
In fulfilling these responsibilities, the legislative assembly recognizes the necessity that
individual prerogatives be considered secondary to the general welfare and so it is expected

that the officials will adopt such reasonable policies, procedures, rules, and regulations as may
be necessary, within the authority granted by law, and in so doing shall make appropriate use of
recommended standards developed by recognized official groups to ensure a desirable level of
uniformity throughout the state and with other states. Such uniformity is especially important in
the use and application of uniform signs, signals, and markings.
It is expected, further, that the officials will cooperate with each other where such
cooperation is essential, and not otherwise prescribed by law. Moreover, there is also need for
more effective coordination of activities among all branches and levels of government in
carrying out their respective traffic safety responsibilities, including the governor's office, the
state legislative assembly and city councils, the administrative, enforcement, and judicial
officials of the state and its political subdivisions. In all matters of mutual concern, and where
appropriate, cooperation is also encouraged among state officials, officials of other states and
the federal government, and other responsible groups, both public and private.
Highway transportation is a dynamic force in our society and is influenced by new
developments and changing public needs. To keep abreast of foreseeable adjustments, it is
expected that the officials will engage in such research and planning as may be necessary and
as may be provided for in this title. Such efforts should be conducted in cooperation with all
interested public and private groups, and directed towards the development of realistic traffic
accident prevention programs to guide legislative decisions and enlist public support in meeting
immediate and potential needs.
In keeping with the policies herein enunciated, it is the intent of the legislative assembly to
equip each function with the necessary authority to maintain an adequate level of performance
in all functions concerned with the ownership and use of motor vehicles, as they are established
in title 39, consistent with the expanding needs of highway transportation, in order to protect the
public safety, promote the general welfare, and advance the economy of the state.
### § 39-01-01.2. Autonomous vehicle operations.

1. As used in this section:
a. "Automated driving system" means hardware and software collectively capable of
performing the entire dynamic driving task for the vehicle on a sustained basis
when installed on a motor vehicle and engaged regardless of whether it is limited
to a specific operational design domain.
b. "Autonomous vehicle" means a vehicle equipped with an automated driving
system.
c. "Dynamic driving task" means all of the real-time operational and tactical
functions required to operate a vehicle in on-road traffic within the vehicle's
specific operational design domain, if any, excluding the strategic functions such
as trip scheduling and selection of destinations and waypoints.
d. "Human driver" means an individual with a valid license to operate a motor
vehicle who manually exercises in-vehicle braking, accelerating, steering, and
transmission gear selection input devices to operate a vehicle.
e. "Minimal risk condition" means a low-risk operating mode in which an
autonomous vehicle operating without a human driver achieves a reasonably safe
state, such as bringing the vehicle to a complete stop, upon experiencing a failure
of the vehicle's automated driving system that renders the vehicle unable to
perform the entire dynamic driving task.
f. "Operational design domain" means a description of the specific operating
domain in which an automated driving system is designed to properly operate,
including roadway types, speed range, environmental conditions, and other
domain constraints.
2. An autonomous vehicle must be capable of operating in compliance with all applicable
federal and state law, except to the extent exempted under applicable federal or state
law, and may operate on the public highways of this state in full compliance with all
vehicle registration, title, insurance, and all other applicable requirements under this
title.

3. An autonomous vehicle with automated driving systems engaged does not require a
human driver to operate on the public highway if the autonomous vehicle is capable of
achieving a minimal risk condition in case a system failure occurs which renders the
automated driving system unable to perform the entire dynamic driving task relevant to
the vehicle's intended operational design domain.
4. An individual using an autonomous vehicle is not driving or in actual physical control of
the autonomous vehicle and, therefore, is exempt from licensing requirements if:
a. The automated driving system is completing the entire dynamic driving task; and
b. The autonomous vehicle is capable of achieving a minimal risk condition if a
system failure occurs that renders the automated driving system unable to
perform the entire dynamic driving task relevant to the vehicle's intended
operational design domain.
5. This section may not be construed to modify, limit, or restrict any statutory provision
affecting liability, including chapter 26.1-40, 26.1-41, 28-01.3, 32-03.2, or 39-16.1.
### § 39-01-02. Motor vehicles owned or leased by the state to display name on side of

vehicles - Exceptions - Penalty.
All motor vehicles owned and operated by the state, except vehicles under the control of the
central vehicle management system and the official vehicle for use by the governor, must have
displayed on each front door the words NORTH DAKOTA. The words must be in letters four
inches [10.16 centimeters] in height. Two and one-half inches [6.35 centimeters] directly below
those words there must be printed in letters one and one-half inches [3.81 centimeters] in height
the name of the state agency owning or leasing the motor vehicle. The width of the display
required by this section must be proportionate to the required height. The color of the lettering
must be in clear and sharp contrast to the background. The state auditor shall include in the
auditor's report to the governor and the legislative assembly any instance of noncompliance with
this section. The above requirements and the requirements for no smoking signs do not apply to
vehicles operated by a state entity that engages in investigatory activities. The central vehicle
management system vehicles must display a window decal designed by the director. The state
highway patrol and all peace officers of this state shall enforce this section.
### § 39-01-03. Motor vehicle owned by the state, North Dakota art museum, or an

international peace garden not to be used for private use or in political activities.
A person, officer, or employee of the state or of any department, board, bureau,
commission, institution, industry, or other agency of the state, or person, officer, or employee of
the North Dakota art museum, or of any entity located upon the international boundary line
between the United States of America and Canada used and maintained as a memorial to
commemorate the long-existing relationship of peace and good will between the people and the
governments of the United States of America and Canada and to further international peace
among the nations of the world, may not use or drive any motor vehicle belonging to the state or
to any department, board, bureau, commission, institution, industry, or other agency of the state,
or person, officer, or employee of the North Dakota art museum, or of any entity located upon
the international boundary line between the United States of America and Canada used and
maintained as a memorial to commemorate the long-existing relationship of peace and good will
between the people and the governments of the United States of America and Canada and to
further international peace among the nations of the world, for private use, or while engaged in
any political activity.
### § 39-01-04. Political activity defined.

The term "political activity" as used in this chapter includes any form of campaigning or
electioneering, such as attending or arranging for political meetings; transporting candidates or
workers engaged in campaigning or electioneering; distributing campaign literature, political
guide cards, or placards; soliciting or canvassing for campaign funds; transporting electors to
the polls on election day; and any other form of political work usually and ordinarily engaged in
by state officers and employees during primary and general election campaigns.

### § 39-01-05. Expenses not to be collected by state officers or employees engaged in

political activity.
A state officer or employee who uses or drives any privately owned motor vehicle while
engaged in political activity may not collect or receive from this state any expense moneys for
the use or operation of the motor vehicle while engaged in the political activity. A state officer or
employee may not collect or receive any traveling expense reimbursement from this state for
any time spent engaging in any political activity.
### § 39-01-06. Collecting or receiving expense money wrongfully - Civil action for recovery

- Liability of bond.
Any officer or employee who collects or receives any expense moneys in violation of section
person, and if that person's office or position is bonded by the state bonding fund, such fund
also is liable therefor.
### § 39-01-07. Penalty for violation of chapter.

Any person violating any provision of this chapter for which another penalty is not
specifically provided is guilty of a class A misdemeanor.
### § 39-01-08. State, political subdivisions, and International Peace Gardens authorized to

carry insurance on vehicles - Waiver of immunity to extent only of insurance purchased.
1. The state or any department, agency, or bureau, as well as any county, city, or other
political subdivision including townships, school districts, and park districts, and any
entity located upon the international boundary line between the United States of
America and Canada used and maintained as a memorial to commemorate the
long-existing relationship of peace and good will between the people and the
governments of the United States of America and Canada and to further international
peace among the nations of the world, using or operating motor vehicles and aircrafts,
may carry insurance for their own protection and for the protection of any employees
from claims for loss or damage arising out of or by reason of the use or operation of
the motor vehicle or aircraft, whether the vehicle or aircraft at the time the loss or
damage in question occurred was being operated in a governmental undertaking or
otherwise. If a premium savings will result therefrom, the insurance policy may be
taken out for more than one year, but in no event beyond a period of five years.
2. If insurance is purchased pursuant to subsection 1, then the purchaser waives its
immunity to suit only to the extent of allowing a determination of liability to the extent of
the waiver of the immunity against liability described in subsection 3.
3. If insurance is purchased pursuant to subsection 1, then the purchaser waives its
immunity against liability only to the types of its insurance coverage and only to the
extent of the policy limits of the coverage. Provided, the purchaser or its insurance
carrier is not liable for claims arising out of the conduct of a ridesharing arrangement,
as defined in section 8-02-07.
4. If any dispute exists concerning the amount or nature of the insurance coverage, the
dispute must be tried separately before the main trial determining the claims and
damages of the claimant.
5. This statute confers no right for a claimant to sue the insurer directly.
6. When liability insurance is carried pursuant to this section or pursuant to section
32-12.1-05, no defense in a negligence action may be raised by the insurance carrier
upon the basis of section 39-07-05.
### § 39-01-08.1. Senior citizens group motor vehicle - Availability of coverage under

political subdivision policies.
Any political subdivision may provide for the inclusion of buses, vans, or other motor
vehicles used by senior citizens groups to transport members in a motor vehicle insurance
policy of the political subdivision. The political subdivision may require payment by a senior

citizens group for any increase in the premium rate charged to the political subdivision which is
attributable to the coverage provided to that senior citizens group. The political subdivision may
provide for a payment procedure to require the payment of any premium or premium portion
attributable to the coverage provided for the senior citizens group.
### § 39-01-08.2. Senior citizens group motor vehicle - Availability of coverage under state

policies.
Except as otherwise provided in this section, any insurance policy providing coverage of
state-owned motor vehicles must provide, at the request of a senior citizens group prior to the
issuance or renewal of the policy, for the inclusion of buses, vans, or other motor vehicles used
by the senior citizens group to transport members. The state agency negotiating the insurance
policy may require payment by a senior citizens group for any increase in the premium rate
charged to the state agency which is attributable to the coverage provided to that senior citizens
group. The state agency shall provide by rule for the payment by the senior citizens group of the
premium portion attributable to the group's coverage under the policy. The state agency may
refuse to provide coverage to a senior citizens group if the coverage would hinder the ability of
or not allow the state to obtain insurance.
### § 39-01-09. Parking meters prohibited.

It is unlawful for the state of North Dakota, its political subdivisions, counties, cities, and the
state department of transportation to establish and maintain any mechanical device or devices
known as "parking meters", or by whatever name designated, requiring the deposit therein of
coins or tokens for the privilege of parking cars or other vehicles upon the streets and highways
in the state of North Dakota. Any and all ordinances and resolutions now existing authorizing the
establishment and maintenance of such mechanical devices or parking meters, or by whatever
name designated, are hereby declared null and void.
### § 39-01-10. Proof of payment of registration fees and taxes.

The director of the department of transportation may require all owners or operators of
motor vehicles using the highways of this state or registered in this state to show proof of the
payment of all proper taxes and registration fees upon such motor vehicles.
### § 39-01-11. Nonresident motor vehicle user - Service upon.

The use and operation by a resident of this state or that person's agent, or by a nonresident
or that person's agent, of a motor vehicle upon or over the highways of this state must be
deemed an appointment by such resident when that person has been absent from this state
continuously for six months or more following an accident or by such nonresident at any time, of
the director of the department of transportation of this state to be the person's true and lawful
attorney upon whom may be served all legal process in any action or proceeding against the
person growing out of the use or operation of the motor vehicle resulting in damages or loss to
person or property, whether the damage or loss occurs upon a public highway or upon public or
private property, and such use or operation constitutes an agreement that any such process in
any action against the person which is so served has the same legal force and effect as if
served upon the person personally, or, in case of the person's death, that such process has the
same legal force and effect as if served upon the administrator of the person's estate. Service of
the summons in such case may be made by delivering a copy thereof to the director with a fee
of ten dollars.
### § 39-01-12. Mailing notice to defendant upon service of nonresident motor vehicle user.

Within ten days after service of summons as provided in section 39-01-11, notice of such
service together with a copy of the summons and complaint in the action must be sent by the
plaintiff to the defendant at the defendant's last-known address by registered or certified mail
with return receipt requested, and proof of such mailing must be attached to the summons.

### § 39-01-13. Director to keep record of process received for nonresident motor vehicle

users.
The director shall keep a record of all process served upon the director under the provisions
of section 39-01-11. Such record must show the day and hour of service. If any defendant
served under section 39-01-11 has made proof of financial responsibility by filing a certificate of
insurance coverage, as provided in section 39-16.1-09, the director shall mail a copy of such
summons and complaint to the insurance carrier named in such certificate.
### § 39-01-14. Protecting rights of defendant served as nonresident motor vehicle user.

When service has been made as provided in section 39-01-11, the court, before entering
default judgment, or at any stage of the proceeding, may order such continuance as may be
necessary to afford the defendant reasonable opportunity to defend any action against the
defendant.
### § 39-01-15. Parking privileges for mobility impaired - Certificate - Revocation -

Continuing appropriation - Penalty.
1. A mobility-impaired individual who displays prominently upon a motor vehicle parked
by that individual or under that individual's direction and for that individual's use, the
distinguishing certificate specified in subsection 4, license plates issued under section
39-04-10.2, or a disabled veteran plate issued under subdivision j of subsection 2 of
section 39-04-18 is entitled to courtesy in the parking of the motor vehicle. However,
any municipality may prohibit, by ordinance, parking on any highway for the purpose of
creating a fire lane or to provide for the accommodation of heavy traffic during morning
and afternoon rush hours. The privileges extended to a mobility-impaired individual do
not apply on a highway if parking is prohibited.
2. A mobility-impaired individual as used in this section includes an individual who uses
portable oxygen; requires personal assistance or the use of crutches, a wheelchair, or
a walker to walk two hundred feet [60.96 meters] without rest; is restricted by cardiac,
pulmonary, or vascular disease from walking two hundred feet [60.96 meters] without
rest; has a forced expiratory volume of less than one liter for one second or an arterial
oxygen tension of less than sixty millimeters of mercury on room air while at rest and is
classified III or IV by standards for cardiac disease set by the American heart
association; has an orthopedic, neurologic, or other medical condition that makes it
impossible for the person to walk two hundred feet [60.96 meters] without assistance
or rest; or is a disabled veteran issued a plate under subdivision j of subsection 2 of
section 39-04-18.
3. Repealed by S.L. 1989, ch. 319, § 6.
4. The director may issue a special identifying certificate to any mobility-impaired
applicant upon submission by the applicant of a completed application and a written or
electronic statement issued by a qualified physician, physician assistant, chiropractor,
physical therapist, or an advanced practice registered nurse to the director that the
applicant is a mobility-impaired person within the criteria of subsection 2. The director
shall waive the requirement for a written or electronic statement from a qualified
physician, physician assistant, chiropractor, physical therapist, or an advanced
practice registered nurse if the applicant has previously submitted an application
containing a certification from a qualified physician, physician assistant, chiropractor,
physical therapist, or an advanced practice registered nurse that the applicant's
impairment is not reversible. The application must include the information required by
the director. The physician's, physician assistant's, chiropractor's, physical therapist's,
or advanced practice registered nurse's statement must describe how the impairment
limits the applicant's mobility and daily life functions of the applicant. The certificate is
valid for a period, not to exceed three years, as determined by the director. A
physician, physician assistant, chiropractor, physical therapist, or an advanced
practice registered nurse who provides a false statement that an individual is mobility
impaired for the purpose of that individual obtaining a certificate under this subsection
is guilty of an infraction for which a minimum fine of one hundred dollars must be

imposed. A certificate issued under this subsection must be nine and one-half inches
[24.13 centimeters] in height and three inches [7.62 centimeters] in width and must
bear, in white on blue, the internationally accepted symbol of access for the mobility
impaired. The certificate must bear the expiration date and registration number
assigned by the director. The director shall adopt rules governing the issuance of the
certificate. A temporary certificate, valid for an initial period not to exceed three
months, may be issued by the director for a fee of three dollars upon application
supported by a physician's, physician assistant's, chiropractor's, physical therapist's, or
an advanced practice registered nurse's statement. The director may issue a
maximum of one additional temporary certificate for a fee of three dollars. The
temporary certificate may be extended an additional period, not to exceed three
months, upon application supported by a physician's, physician assistant's,
chiropractor's, physical therapist's, or an advanced practice registered nurse's
statement that the extension is warranted. Temporary certificates must be the same
size as other certificates issued under this section and must be white on red. The
director may issue a maximum of one additional certificate, if the applicant does not
have number plates issued under section 39-04-10.2 or under subdivision j of
subsection 2 of section 39-04-18, to a mobility-impaired individual to whom a
certificate has been issued under this subsection. The additional certificates may be
used only by or on behalf of the mobility-impaired individual.
5. Except as provided in this subsection, two dollars of each fee for issuance of a
certificate and one dollar of each fee for issuance of an additional certificate under this
section must be deposited in the state highway department fund for purposes of
defraying the cost of issuing the certificate. The rest of the fee, and the five dollar fee
received for the issuance of an additional certificate under subsection 4, must be
deposited in the state treasury and credited to the state rehabilitation council fund. The
fees deposited in the fund are hereby appropriated on a continuing basis to the
department of health and human services for use by the state rehabilitation council to
accomplish the council's statutory duties provided under section 50-06.1-16. If a
certificate is lost, mutilated, or destroyed, the individual to whom the certificate was
issued is entitled to a replacement. The individual shall furnish proof satisfactory to the
director that the certificate has been lost, mutilated, or destroyed, and shall pay a
replacement fee of three dollars.
6. A certificate issued under this section must be hung from the rearview mirror or placed
on the dashboard of the motor vehicle whenever the vehicle is occupying a space
reserved for the mobility impaired and is being used by a mobility-impaired individual
or another individual for the purposes of transporting the mobility-impaired individual.
No part of the certificate may be obscured. A fee of five dollars may be imposed for a
violation of this subsection.
7. An applicant may appeal a decision denying issuance of the certificate to the director.
Written notice of the appeal must be received within ten business days following
receipt by the applicant of notice of denial. The applicant has sixty days to provide
additional supportive material to the director for purposes of deciding the appeal. The
director shall affirm or reverse the decision to deny issuance of the certificate within
thirty days after receipt of the supportive material. Written notice of the decision must
be given to the applicant.
8. If a law enforcement officer finds that the certificate is being improperly used, the
officer may report to the director any violation and the director may, in the director's
discretion, remove the privilege. An individual who is not mobility impaired and who
exercises the privileges granted a mobility-impaired individual under subsection 1 is
guilty of an infraction for which a fine of one hundred dollars must be imposed.
9. a. If a public or private entity designates parking spaces for accessible parking, the
spaces must comply with the requirements of the Americans with Disabilities
Accessibility Guidelines for Buildings and Facilities as contained in the appendix
to title 28, Code of Federal Regulations, part 36 [28 CFR 36] and must be
indicated by blue paint on the curb or edge of the paved portion of the street or

parking lot adjacent to the space. In addition to blue paint, each reserved space
must be indicated by a sign bearing the international symbol of accessibility for
the mobility impaired. The sign must indicate that unauthorized use of the space
is a nonmoving violation for which a fee of one hundred dollars must be imposed.
b. For any event, a public or a private entity temporarily may reserve additional
accessible parking spaces for use by motor vehicles operated by a
mobility-impaired individual. In that case, each temporarily reserved space must
be indicated by a sign bearing the international symbol of accessibility for the
mobility impaired at least four hours before the event.
c. A parking space clearly identified as reserved for the mobility impaired is
considered designated and reserved for the mobility impaired and is sufficient
basis for the enforcement of this section if the parking space has two of the
following requirements:
(1) Blue paint on the curb or edge of the paved portion of the street or parking
lot adjacent to the space;
(2) A sign bearing the international symbol of accessibility for the mobility
impaired; or
(3) Notice that unauthorized use of the space is a nonmoving violation for which
a fee of one hundred dollars must be imposed.
d. Except for a temporarily reserved parking space for the mobility impaired, a sign
posted must be immovable.
e. A law enforcement officer shall enforce this section in any parking lot or parking
facility, whether publicly or privately owned.
10. If the designated parking spaces for mobility-impaired individuals are occupied or
inaccessible, a motor vehicle displaying the distinguishing certificate specified in
subsection 4, license plates issued under section 39-04-10.2, or a disabled veteran
plate issued under subdivision j of subsection 2 of section 39-04-18 may park at an
angle and occupy two standard parking spaces.
11. An individual may not stop, stand, or park any vehicle in any designated parking space
that is reserved for the mobility impaired unless the vehicle displays a
mobility-impaired identification certificate issued by the director to a mobility-impaired
individual. A mobility-impaired individual may not permit the use of a certificate issued
under this section by an individual who is not mobility impaired when that use is not in
connection with the transport of the mobility-impaired individual. The registered owner
of a vehicle may not allow that vehicle to be used in a manner that violates this
subsection. Proof of intent is not required to prove a registered owner's violation of this
subsection. The registered owner, however, may be excused from a violation if the
owner provides the citing authority with the name and address of the individual
operating the vehicle at the time of the violation. A vehicle may temporarily use a
space reserved for a mobility-impaired individual without a mobility-impaired certificate
for the purpose of loading and unloading a mobility-impaired individual. A violation of
this subsection is a nonmoving violation for which a fee of one hundred dollars must
be imposed. Notwithstanding section 29-27-02.1, fifty percent of the fee imposed and
collected under this subsection is appropriated on a continuing basis to the state
rehabilitation council for the development of competitive and integrated employment
opportunities.
12. A motor vehicle licensed in another state which displays a special authorized vehicle
designation issued by the licensing authority of that state for vehicles used in the
transportation of a mobility-impaired individual must be accorded the same privilege
provided in this section for similar vehicles licensed in this state if the laws of the other
state provide the same privileges to North Dakota motor vehicles displaying the
special identifying certificate authorized in this section.
13. An entity that violates the requirements of subsection 9 is guilty of an infraction if the
entity does not comply with subsection 9 within sixty days after receiving official
notification of the violation.

14. The department shall issue a mobility-impaired parking permit for a vehicle owned and
operated by care providers licensed by the state, veterans-related organizations, and
other entities that regularly transport mobility-impaired individuals for use by those
providers and entities to park in designated parking spaces while transporting
mobility-impaired individuals.
### § 39-01-16. Hearing on alleged violations.

Any person having information that a licensed dealer has violated any provisions of this title
may file with the director an affidavit specifically setting forth such violation. Upon receipt of
such affidavit, the director shall investigate the violation alleged in the affidavit. If, after
investigation, the director determines that the dealer's license will be revoked or suspended, a
notice of intent to revoke or suspend the license must be mailed to the dealer by certified mail.
The notice must provide the dealer with an opportunity for a hearing prior to the effective date of
the license revocation or suspension. A record of such hearings must be made by stenographic
notes or use of an electronic recording device.
If after such hearing the director finds the violation charged in the affidavit has been proved
by the evidence, an order must be served on the licensee revoking or suspending the dealer's
license for a period of time to be determined by the director. Such action may be appealed to
the district court by following the appeal procedure set forth in chapter 28-32, except that the
order revoking or suspending the license is ineffective while the appeal is pending.
The director has the power to appoint an administrative hearing officer to conduct the
hearing, administer oaths, and subpoena and examine witnesses. The administrative hearing
officer shall submit the findings to the director for consideration and final decision.
Any witness called by the prosecution, except a peace officer while on duty, shall receive
the same fees and mileage as a witness in a civil case in district court.
### § 39-01-17. Authority to administer oaths and certify copies of records - Admissibility of

records.
1. Officers and employees of the department designated by the director are, for the
purpose of administering the motor vehicle laws, authorized to administer oaths and
acknowledge signatures, and must do so without fee.
2. A certified copy of any record, electronic or original, maintained by the director relative
to title 39 is admissible in any judicial proceedings or administrative hearing in the
same manner as the original of the record.
3. In response to a subpoena, or upon the request of any appropriate government or
judicial official, the director shall provide a duly certified copy of any book, paper, entry,
record, or other document of that agency. This certified copy may consist of a
photocopy or computer printout of the requested document certified by the director or
a duly authorized representative.
### § 39-01-18. Dealer bond cancellation - Reinstatement - Revocation of license.

Any dealer required to be bonded by the provisions of title 39 whose bond is canceled by
the surety company shall file a new bond with the department before the effective date of the
cancellation. The effective date of a bond cancellation must be thirty days after notification by
certified mail to the department from the surety company. Any dealer failing to maintain a current
surety bond with the department shall return the dealer's license and dealer's plates to the
department on or before the effective date of the cancellation. Failure to return the dealer's
license or dealer's plates results in automatic revocation by operation of law. The department
may order the superintendent to take possession of any dealer's license or dealer's plates not
returned to the department as required in this section. The department shall reinstate the
dealer's license and dealer's plates if a new bond is received within thirty days of the revocation.
### § 39-01-19. Permits for vending machines at rest areas.

A vending machine that allows access to a tobacco product may not be placed or remain
upon a rest area, and any other vending machine may not be placed or remain upon a rest area

under the supervision of the director without a permit from the director. The director shall charge
a fee for the issuance of a vending machine permit. The amount of the permit fee must relate to
the department's actual cost of administration, annual review, and enforcement of the permit
process, but may not exceed twenty-five dollars annually. The permit process may not be
affected by the content of a publication. The director shall require permittees to comply with
appropriate indemnification, insurance, and other risk management provisions of the permit.
Vending machines must be secured in a manner that prevents tipping and moving, deters theft,
and leaves state property undamaged. Plexiglass, safety glass, or other shatter-resistant
materials must be employed in windows or displays. All vending machines must be sufficiently
enclosed to prevent the distributed product from inadvertently being removed or blown from the
machine or weathered by the elements. Stolen or damaged vending machines do not result in
liability to the department and must be repaired, restored, or replaced within thirty calendar
days. All cashboxes and accesses to cashboxes must be metal and securely locked in place. All
vending machines must be placed in a well-lighted area visible from the rest area roadway. All
vending machines must be placed on a route allowing parallel access by motorized or standard
wheelchairs, with at least sixty-six inches [1676.400 millimeters] of clear width. A vending
machine may not have a component or function used by the public which requires more than
five pounds [2.268 kilograms] of force to be applied. The height of controls, doors, or access
points necessary for use by the public may not exceed sixty inches [1524 millimeters]. The
director may determine the maximum number of vending machine placements at a given rest
area. Priority must be given to vending machines placed pursuant to the Randolph Sheppard
Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], as administered by the vocational
rehabilitation division of the department of health and human services under section 50-06.1-13.
When, after allowing for the placement of vending machines pursuant to the Randolph
Sheppard Act [Pub. L. 74-732; 49 Stat. 1559; 20 U.S.C. 107], the director determines that the
number of permit applications for a particular rest area would exceed the remaining available
space or would prevent compliance with this section or other law, the director shall grant permits
by means of a lottery, with permits allocated pro rata according to the number of applications for
each type. The permittee is solely responsible to ensure that any trash, wrapping, boxes, or
debris, generated when stocking or servicing vending machines is not left on or at the rest area.
The permittee is solely responsible for all installation, maintenance, replacement, inspection,
access area cleaning, and stocking of vending machines. Vandalism and graffiti on vending
machines must be repaired or removed within fourteen days of written notice by the director.
The permittee must inspect and stock vending machines as needed, but at least monthly, to
provide adequate service to the public. Vending machines removed for repair or for other
reasons must be restored or replaced by the permittee within thirty days. Vending machines in
violation of this section or any other applicable law may be removed by the director fourteen
days after notice of violation is provided and without liability to the director. Vending machines
judged by the director to pose a risk to safety may be removed immediately without liability to
the director and without prior notice to the permittee. The director shall retain any removed
vending machines for thirty days to allow retrieval by the permittee, after compensation to the
director for removal costs. The director may dispose of or sell machines not retrieved within
thirty days of removal, but removal costs must be satisfied only to the extent of proceeds
received by the director. The director has a cause of action to recover any deficiency, attorney's
fees, and litigation expenses. The director, upon the determination that a rest area must be
closed for a period of greater than thirty days, may order the permittee, at the permittee's
expense, to remove all vending machines in a manner that does not damage state property, or
remove all product and money and place upon the vending machine a prominent notice that all
product and money have been removed. Should the director determine that removal of vending
machines is necessary to conduct repairs, construction, surveys, or other duties of the
department, the permittee, at the permittee's expense, shall remove all vending machines in a
manner that does not damage state property, upon fourteen days' notice. The current address
and telephone number where customer service or business is conducted by the permittee must
be legibly and prominently posted upon the vending machine. The director shall cancel the
permit should the permittee remove vending machines, except as provided in this section. The
cost of any removal must be borne by the permittee. The permittee, at the permittee's own

expense, must restore the site the machine formerly occupied to the satisfaction of the director.
For purposes of this section, "vending machine" means any device that allows access to a
newspaper, magazine, beverage, concession, or other item for public consumption or use. For
purposes of this section, "permittee" means any person or organization, including any
corporation, partnership, firm, or any other legal entity capable of owning property and
transacting business, which has applied for a permit under this chapter. For purposes of this
section, "notice" consists of a written communication and must be deemed to have occurred
within seventy-two hours of mailing, if mailed within North Dakota, or one hundred twenty hours
of mailing, if mailed outside North Dakota. "Notice" to a vendor of the condition of a vending
machine also occurs if a period of time greater than the required inspection interval for the
vending machines has passed.
