25.0128.02003
Title.04000
Adopted by the Transportation
Committee
Sixty-ninth
February 13, 2025
Legislative Assembly
of North Dakota
Introduced by
Representatives Novak, D. Anderson, Hauck, J. Olson, Pyle, Jonas
Senators Patten, Rummel
A BILL for an Act to amend and reenact section 39-06.1-05, subsection 2 of section 39-06.1-06,
and sections 39-06.1-09, 39-10-46, and 39-10-46.1 of the North Dakota Century Code, relating
to offenses excepted from the traffic violation procedure,the amount of fees, moving violations,
and overtaking and passing a schoolbus; and to provide a penalty for a moving violation.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 39-06.1-05 of the North Dakota Century Code is
amended and reenacted as follows:
39-06.1-05. Offenses excepted.
The procedures authorized under sections 39-06.1-02 and 39-06.1-03 may not be
utilizedused by a person charged with one of the following offenses:
1. Driving or being in actual physical control of a vehicle in violation of section 39-08-01,
or an equivalent ordinance.
2. Reckless driving or aggravated reckless driving in violation of section 39-08-03, or an
equivalent ordinance.
3. A violation of chapter 12.1-16 resulting from the operation of a motor vehicle.
4. Leaving the scene of an accident in violation of section 39-08-04, 39-08-05, 39-08-07,
or 39-08-08, or equivalent ordinances.
5. Driving while license or driving privilege is suspended or revoked in violation of section
39-06-42, or an equivalent ordinance.
6. Violating subdivision b or c of subsection 5 of section 39-24-09.
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HOUSE BILL NO. 1294
PROPOSED AMENDMENTS TO
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7. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46.
8. Causing an accident with an authorized emergency vehicle or a vehicle operated by or
under the control of the director used for maintaining the state highway system in
violation of subsection 5 of section 39-10-26.
9. A second or subsequent offense within five years of the first violation of overtaking
a stopped schoolbus when the flashing red lights or the stop sign on the control arm
on the schoolbus is in operation in violation of section 39 - 10 - 46 or a second or
subsequent violation within five years of the first offense of the registered owner of a
motor vehicle allowing the overtaking or passing of a schoolbus in violation of section
39 - 10 - 46.1.
SECTION 1. AMENDMENT. Subsection 2 of section 39-06.1-06 of the North Dakota
Century Code is amended and reenacted as follows:
2.For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except
for:
a.A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty
dollars.
b.A violation of section 39-10-05 involving failure to yield to a pedestrian or
subsection 1 of section 39-10-28, a fee of fifty dollars.
c.A violation of section 39-21-41.2, a fee of twenty-five dollars.
d.A violation of subsection 1 of section 39-12-02, section 39-08-23, or section
39-08-25, a fee of one hundred dollars.
e.A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one
hundred dollars.
f.A violation of subsection 6 of section 39-04-37, a fee of one hundred dollars.
g.A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty
dollars.
h.A violation of section 39-10-59, a fee of five hundred dollars.
i.A violation of section 39-09-01, a fee of thirty dollars.
j.A violation of section 39-09-01.1, a fee of thirty dollars.
k.A violation of section 39-10-46 or 39-10-46.1, a fee of onefive hundredtwo
hundred fifty dollars for a first violation .
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l.A violation of subsection 1 of section 39-08-20, one hundred fifty dollars for a first
violation and three hundred dollars for a second or subsequent violation in three
years.
m.A violation of section 39-10-24 or 39-10-44, a fee of forty dollars.
n.A violation of section 39-10-50.1, a fee of fifty dollars.
o.A violation of section 39-19-03, a fee of fifty dollars.
SECTION 3. AMENDMENT. Section 39-06.1-09 of the North Dakota Century Code is
amended and reenacted as follows:
39-06.1-09. Moving violation defined.
For the purposes of sections 39-06.1-06 and 39-06.1-13, a "moving violation" means a
violation of section 39-04-11, 39-04-22, subsection 1 of section 39-04-37, section 39-04-55,
39-06-01, 39-06-04, 39-06-14, 39-06-14.1, 39-06-16, 39-06.2-07, 39-08-20, 39-08-23, 39-08-24,
39-08-25, 39-09-01, 39-09-01.1, 39-09-04.1, or 39-09-09, subsection 1 of section 39-12-02,
section 39-12-04, 39-12-05, 39-12-06, 39-12-09, 39-19-03, 39-21-45.1, 39-24-02, or 39-24-09,
except subdivisions b and c of subsection 5 of section 39-24-09, or equivalent ordinances; or a
violation of the provisions of chapter 39-10, 39-10.2, 39-21, or 39-27, or equivalent ordinances,
except subsection 5 of section 39-10-26, a second or subsequent violation of section 39 - 10 - 46
or 39 - 10 - 46.1, section 39-21-44, and subsections 2 and 3 of section 39-21-46, and those
sections within those chapters which are specifically listed in subsection 1 of section
39-06.1-08.
SECTION 4. AMENDMENT. Section 39-10-46 of the North Dakota Century Code is
amended and reenacted as follows:
39-10-46. Overtaking and passing schoolbus.
1. The driver of a vehicle meeting or overtaking from either direction any schoolbus
stopped on the highway shall stop the vehicle before reaching the schoolbus when
there is in operation on the schoolbus the flashing red lights or the stop sign on the
control arm specified in section 39-21-18, and the driver may not proceed until the
schoolbus resumes motion, the driver is signaled by the schoolbus driver to proceed,
or the flashing red lights and the stop sign on the control arm are no longer actuated.
2. Every schoolbus must bear upon the front and rear thereof plainly visible signs
containing the word "SCHOOLBUS" in letters not less than eight inches [20.32
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centimeters] in height. When a schoolbus is being operated upon a highway for
purposes other than the actual transportation of children either to or from school or for
a school-sanctioned activity, all markings thereon indicating "SCHOOLBUS" must be
covered or concealed.
3. The operator of a schoolbus equipped with amber caution lights may activate those
lights at a distance of not less than three hundred feet [91.44 meters] nor more than
five hundred feet [152.4 meters] from the point where schoolchildren are to be
received or discharged from the bus.
4. Every schoolbus must be equipped with a stop sign on a control arm and red visual
signals meeting the requirements of section 39-21-18, which may only be actuated by
the driver of the schoolbus whenever the vehicle is stopped on the highway to receive
or discharge schoolchildren.
5. The driver of a vehicle upon a highway with separate roadways need not stop upon
meeting or passing a schoolbus which is on a different roadway or when upon a
controlled-access highway and the schoolbus is stopped in a loading zone which is a
part of or adjacent to such highway and where pedestrians are not permitted to cross
the roadway.
6. Every schoolbus must bear on the rear of the bus a plainly visible sign containing the
words "THIS SCHOOLBUS STOPS AT ALL RAILROAD CROSSINGS".
7. An individual who violates this section must be assessed a fee in the amount
provided under section 39 - 06.1 - 06 for a first violation. For a second or subsequent
violation within five years of the first violation, the individual is guilty of an infraction for
which a minimum fine of seven hundred fifty dollars must be imposed.
SECTION 5. AMENDMENT. Section 39-10-46.1 of the North Dakota Century Code is
amended and reenacted as follows:
39-10-46.1. PermittingAllowing use of vehicle to violate section 39-10-46 prohibited -
Presumption of permission - Defense - Dual prosecution prohibited - Penalty .
1. The registered owner of a motor vehicle may not permitallow that motor vehicle to be
operated in violation of section 39-10-46.
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a. If a motor vehicle is seen violating section 39-10-46, it is a disputable
presumption that the registered owner of the motor vehicle permittedallowed that
violation.
b. A registered owner of a motor vehicle that violates this section must be assessed
a fee in the amount provided under section 39 - 06.1 - 06 for a first violation. For a
second or subsequent violation within five years of the first violation, the
registered owner is guilty of an infraction for which a minimum fine of seven
hundred fifty dollars must be imposed.
c. It is a defense to a charge of violating this section that the registered owner of the
vehicle was not:
(1) Not operating the vehicle, if that registered owner identifies the person
authorized by that owner to operate the motor vehicle at the time of the
violation of section 39-10-46, or if that motor vehicle had been taken without
the registered owner's permission; or
(2) A previous registered owner.
2. A person may not be charged both with violating this section and with violating section
39-10-46.
3. Violation of this section is not a lesser included offense of violation of section
39-10-46.
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