# Title 39 — Motor Vehicles

## Chapter 39-03 — Highway Patrol

### § 39-03-01. Definitions.

In this chapter, unless the context or subject matter otherwise requires:
1. "Assistant superintendent" means the assistant highway patrol superintendent.
2. "Superintendent" means the state highway patrol superintendent.
3. "Troopers" means the members of the highway patrol including the superintendent and
the assistant superintendent.
### § 39-03-02. State highway patrol superintendent appointed by governor - Duties.

The governor shall appoint a state highway patrol superintendent who shall enforce the
provisions of the laws of this state relating to the protection and use of the highways in this state
and the operation of motor and other vehicles upon such highways.
### § 39-03-03. Troopers - Appointment - Removal - Duties.

The superintendent, the assistant superintendent, and the troopers constitute the highway
patrol. The highway patrol shall enforce the provisions of the laws of this state relating to the
protection and use of highways and shall patrol the highways and cooperate with sheriffs and
police in enforcing the laws regulating the operation of vehicles and the use of highways. All
troopers and the assistant superintendent must be appointed by the superintendent. Each
trooper appointed is deemed a probationary employee for an initial period of six months, during
which the trooper must be placed under probationary training and service and is subject to an
extension of an additional period of six months or dismissal at the will of the superintendent or
the superintendent's designee. At the end of the probationary period, a probationary employee
must either be taken off probationary status or dismissed. A nonprobationary employee
employed in a regular, classified position is subject to removal for cause by the superintendent
or the superintendent's designee, but the employee may appeal a dismissal under chapter
54-44.3 provided the removal of the assistant superintendent from the assistant superintendent
position does not entitle that person to appeal the removal unless that person also is dismissed
from the patrol.
### § 39-03-04. Qualifications of troopers - Veterans have preference.

No person may be appointed as a trooper unless the person has all of the following
qualifications:
1. Has passed such physical examination and such other qualification test as may be
required by the superintendent.
2. Is of good moral character and temperate habits.
3. Has been a citizen of the United States for not less than two years prior to the
appointment.
Preference for appointment must be given at all times to honorably discharged veterans and
citizens of the state of North Dakota, and all appointments must be made without regard to any
political party affiliation of the applicant.
### § 39-03-05. Badge issued to troopers - Contents of badge.

The superintendent shall issue to each trooper a badge of authority with the seal of this
state in the center thereof. The term "North Dakota patrol" must encircle such seal and above
the same must appear the designation of the position held by the person to whom such badge is
issued. Each such badge must contain a unit number or symbol of rank. No badge may be
issued to any person who is not a duly appointed and acting member of the highway patrol.
### § 39-03-06. Oath required of superintendent, assistant superintendent, and troopers.

The superintendent, assistant superintendent, and each trooper, before entering upon the
performance of the person's duties, shall take and file the oath prescribed by law for state
officers.

### § 39-03-07. Salary of superintendent - Limitations.

The salary of the superintendent must be within the amount appropriated for salaries by the
legislative assembly. The salary of the assistant superintendent and each trooper must be fixed
by the superintendent, and must be paid in the same manner as other state employees are
paid.
### § 39-03-08. Manner of paying salaries, wages, and expenses of highway patrol.

All salaries, wages, and other expenses of the highway patrol must be paid by the office of
management and budget and state treasurer out of the patrol fund, upon vouchers required by
law for the payment of all state expenses, duly approved by the superintendent, and audited
and allowed by the office of the budget.
### § 39-03-08.1. Contracts - Bids.

Repealed by S.L. 1999, ch. 332, § 1.
### § 39-03-08.2. Requests for bids - How advertised.

Repealed by S.L. 1999, ch. 332, § 1.
### § 39-03-08.3. Bids - Requirement.

Repealed by S.L. 1999, ch. 332, § 1.
### § 39-03-08.4. Checks of three lowest bidders retained.

Repealed by S.L. 1999, ch. 332, § 1.
### § 39-03-08.5. Award of contracts - Bond.

Repealed by S.L. 1999, ch. 332, § 1.
### § 39-03-09. Powers of highway patrol.

The superintendent and each member of the highway patrol shall have the power:
1. Of a peace officer for the purpose of enforcing the provisions of this title relating to
operators' licenses, the provisions of title 24 relating to highways, and of any other law
regulating the operation of vehicles or the use of the highways, and in addition the
highway patrol shall enforce all laws relating to the use or presence of alcoholic
beverages in motor vehicles.
2. To make arrests upon view and without warrant for any violation committed in the
person's presence of any of the provisions of this title relating to operators' licenses, or
of title 24 relating to highways or to other laws regulating the operation of vehicles or
the use of the highways.
3. To direct traffic in conformance with law, or, in case of fire or emergency and to
expedite traffic, or, to ensure safety by directing traffic as conditions may require
notwithstanding the provisions of law.
4. To facilitate compliance with the provisions of this title, to require the driver of a vehicle
to stop and exhibit the driver's operator's license and the registration cards issued for
the vehicle, if any are required, and to submit to an inspection and test of the
equipment of such vehicle.
5. For the purpose of locating stolen vehicles and to investigate the title and registration
thereof, to inspect any vehicle of a type required to be registered under the provisions
of this title, in any public garage or repair shop, or in any place where such vehicles
are held for sale or wrecking.
6. To serve all warrants relating to the enforcement of the laws regulating the operation of
vehicles or the use of the highways.
7. To investigate traffic accidents and secure testimony of witnesses or of persons
involved.
8. To investigate reported thefts of motor vehicles, trailers, or semitrailers.
9. To take applications for operators' licenses without making a charge therefor.

10. To enforce all laws, rules, or regulations of the state of North Dakota pertaining to the
closing hours of all businesses or establishments selling alcoholic beverages outside
the limits of incorporated cities of this state.
11. Of a peace officer over all violations of law committed on state owned or leased
property.
12. Of a peace officer over all violations of law committed in their presence or when in
pursuit of any actual or suspected law violator.
13. To require a motor carrier owner, or a motor carrier's agent, affected by rules adopted
under chapter 39-21 to produce logs or other documents to determine compliance with
rules adopted under chapter 39-21.
14. Of a peace officer when providing security and protection for the governor, the
governor's immediate family, and other officers next in order of succession to the office
of governor as deemed adequate and appropriate by the superintendent.
15. Of a peace officer when providing security and protection for members of the
legislative assembly as deemed adequate and appropriate by the superintendent.
16. Of a peace officer when responding to a call for emergency assistance requiring an
immediate response. Following a call for emergency assistance which occurs outside
state-owned or state-leased property, a highway, or the highway right of way,
notification must be provided to the local law enforcement agency having primary
jurisdiction.
17. To promote public trust and an understanding of law enforcement through education,
community outreach, and job shadowing programs.
18. Of a peace officer over any violation of law committed on public or private property
when requested by another law enforcement agency.
19. Of a peace officer when providing security and protection for visiting dignitaries at the
request of another law enforcement agency or the governor. The highway patrol may
request the assistance of other law enforcement agencies with security and protection,
and the other law enforcement agencies may provide the assistance as requested
under this section.
### § 39-03-09.1. Job shadowing.

For purposes of education and community outreach, and to promote public trust, the
superintendent may permit a nonmember of the highway patrol to participate in job shadowing
activities, including:
1. Participating in a ride-along program with a member of the highway patrol while on
duty;
2. Operating a highway patrol motor vehicle on a closed course under the supervision of
a member of the highway patrol; and
3. Discharging a firearm owned and used by the highway patrol while at a training facility
and under the supervision of a member of the highway patrol.
### § 39-03-10. Patrolmen to inspect motor vehicles - Report violations.

Repealed by S.L. 1967, ch. 296, § 2.
### § 39-03-11. Penalty for impersonating trooper.

Any person is guilty of a class A misdemeanor if:
1. Without authority, the person wears the badge of a member of the highway patrol, or a
badge of similar design which would tend to deceive anyone;
2. The person impersonates a member of the highway patrol or other officer or employee
of the highway patrol with intent to deceive anyone; or
3. Without authority, the person wears a uniform likely to be confused with the official
uniform of the highway patrol.

### § 39-03-12. Penalty in violation of chapter.

Any person who violates any of the provisions of this chapter, for which another penalty is
not specifically provided, is guilty of a class B misdemeanor.
### § 39-03-13. Additional powers of superintendent.

In addition to the superintendent's powers as a member of the highway patrol, the
superintendent of the patrol has the following powers as administrative head of the patrol:
1. The superintendent may organize the patrol into divisions, bureaus, and districts as
the superintendent deems necessary.
2. The superintendent may designate ranks, fix salaries with appropriate allowances for
those ranks, and establish promotional procedures.
3. The superintendent or the superintendent's designee may take reasonable disciplinary
action against members of the patrol for inefficiency, misconduct, insubordination, or
violation of an established rule, whenever the superintendent or the superintendent's
designee deems the actions necessary, provided that:
a. When demotion in rank is ordered summarily against a member of the patrol as a
disciplinary measure, to be limited to a one-grade reduction in rank, the order is
appealable under chapter 54-44.3.
b. When a reduction in pay of a member of the patrol is ordered summarily as a
disciplinary measure, it must be limited to one year's duration and the order is
appealable under chapter 54-44.3.
c. Suspension of pay for a member of the patrol for a period not exceeding seven
days may be ordered summarily as a disciplinary measure, but an order for
suspension of pay for a longer period is appealable under chapter 54-44.3.
4. A suspension of pay for a member of the patrol may be summarily ordered not more
than twice in one year as separate disciplinary measures, except that further
suspensions are appealable under chapter 54-44.3.
### § 39-03-13.1. Law enforcement training center - Training conducted.

The superintendent of the highway patrol is responsible for the operation, maintenance, and
administration of the law enforcement training center. The superintendent shall appoint a
director of the training center who is responsible for coordinating basic and advanced peace
officer training and such other duties as may be prescribed by the superintendent. All peace
officer training which is conducted at the law enforcement training center shall meet the
certification criteria established by the peace officer standards and training board and must be in
accordance with the basic and advanced peace officer curriculum established by the peace
officer standards and training board.
### § 39-03-13.2. Silver alert notice system.

Repealed by S.L. 2025, ch. 549, § 2.
### § 39-03-14. Disciplinary board of review.

Repealed by S.L. 1971, ch. 352, § 3.
### § 39-03-15. Radar evidence in speed violations.

The speed of any motor vehicle may be checked by the use of radio microwaves or other
electrical device. The results of such checks shall be accepted as prima facie evidence of the
speed of such motor vehicle in any court or legal proceedings where the speed of the motor
vehicle is at issue. The driver of any such motor vehicle may be arrested without a warrant
under this section, provided the arresting officer is in uniform or displays the officer's badge of
authority; provided that such officer has observed the record of the speed of such motor vehicle
by the radio microwaves or other electrical device, or has received a radio message from the
officer who observed the speed of the motor vehicle recorded by the radio microwaves or other
electrical device. Nothing herein shall affect the powers of cities or towns to adopt and use such
device to measure speed.

### § 39-03-16. Safety division created - Director.

There is hereby created a safety division within the state highway patrol for the purpose of
reducing the danger of travel on the highways, roads, and streets of this state, the number of
motor vehicle accidents with resultant loss of lives, personal injuries, and property damage, and
encouraging better law enforcement, more uniform penalties, safe driving practices, and public
adherence to traffic safety laws, through public education, information, and support.
The director of the safety division must be appointed by the superintendent in accordance
with sections 39-03-03 and 39-03-04, and possessing such qualifications by education or
experience in the field of highway safety as the superintendent shall determine. The director
shall receive such compensation as may be determined by the superintendent.
### § 39-03-17. Powers and duties of director of the safety division.

The director of the safety division, under the supervision of the highway patrol
superintendent, shall direct and carry on a public education and information program and assist
and cooperate with all governmental or private agencies, organizations, or groups in order to
encourage better and safer driving practices, better law enforcement, and more uniform
penalties, for the purpose of reducing the number of motor vehicle accidents.
The director shall coordinate and strengthen the highway and traffic safety activities of the
state of North Dakota and its political subdivisions. The director shall specifically promote the
coordination of the functions of driver licensing and control, financial responsibility, traffic law
enforcement, and other highway and traffic safety activities of the state highway patrol and the
department of transportation, and shall generally work and cooperate with the officials in charge
of these departments and all public officials in all matters relating to motor vehicle safety.
All supplies and equipment of the public safety division of the department of transportation
are hereby transferred to the public safety division of the highway patrol created by section
39-03-16.
### § 39-03-18. Highway patrol - Assets forfeiture fund - Purpose - Continuing

appropriation.
There is created a fund to be known as the highway patrol assets forfeiture fund. The fund
consists of funds obtained from moneys, assets, and proceeds seized and forfeited pursuant to
section 19-03.1-36, amounts received through court proceedings as restitution, and amounts
remaining from the forfeiture of property after the payment of expenses for forfeiture and sale
authorized by law. The total amount of deposits into the fund may not exceed three hundred
thousand dollars within a biennium and any moneys in excess of that amount must be deposited
in the general fund. The funds are appropriated as a continuing appropriation to the highway
patrol for the following purposes:
1. For paying expenses necessary to inventory, safeguard, maintain, advertise, or sell
property seized, detained, or forfeited, pursuant to section 19-03.1-36, or of any other
necessary expenses incident to the seizure, detention, or forfeiture of the property.
2. For paying overtime compensation incurred as a result of investigations or violations of
any state criminal law or law relating to the control of drug abuse.
3. For purchasing equipment related to criminal interdiction.
4. For paying matching funds required as a condition for receipt of funds from a federal
government program awarding monetary grants or assistance for the investigation or
apprehension of persons violating the provisions of chapter 19-03.1.
The superintendent of the highway patrol, with the concurrence of the director of the office of
management and budget, shall establish the necessary accounting procedures for the use of
the fund and shall personally approve, in writing, all requests for the use of the fund.
### § 39-03-18.1. Highway patrol - Federal assets forfeiture fund - Continuing appropriation.

There is created in the state treasury the highway patrol federal assets forfeiture fund. The
fund consists of moneys received through federal asset forfeiture sharing programs. Funds
received through federal sharing programs may not be deposited in the same account as assets
forfeited pursuant to section 39-03-18. Up to three hundred thousand dollars are appropriated

from the fund on a continuing basis each biennium to the highway patrol. Funding may be used
only for eligible purchases identified by the federal department of justice and federal department
of treasury. The superintendent, with the concurrence of the director of the office of
management and budget, shall establish the necessary accounting procedures in accordance
with the federal asset sharing program for the use of the fund. All expenditures of moneys in the
fund must be approved by the superintendent.
### § 39-03-19. Capitol building access card fund - Continuing appropriation.

There is created in the state treasury a capitol building access card fund. The fund consists
of any fees received by the superintendent for the issuance of capitol building access cards.
The superintendent shall establish policies regarding the issuance of capitol building access
cards and may charge a fee of ten dollars for each access card issued to an individual who is
not an employee of the state of North Dakota. All moneys in the fund are appropriated to the
highway patrol on a continuing basis for costs associated with the issuance of capitol building
access cards and capitol complex security needs.
