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North Dakota House Bill HB1294

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1294 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
1+25.0128.02003
2+Title.04000
3+Adopted by the Transportation
4+Committee
5+Sixty-ninth
6+February 13, 2025
7+Legislative Assembly
8+of North Dakota
9+Introduced by
10+Representatives Novak, D. Anderson, Hauck, J. Olson, Pyle, Jonas
11+Senators Patten, Rummel
12+A BILL for an Act to amend and reenact section 39-06.1-05, subsection 2 of section 39-06.1-06,
13+and sections 39-06.1-09, 39-10-46, and 39-10-46.1 of the North Dakota Century Code, relating
14+to offenses excepted from the traffic violation procedure,the amount of fees, moving violations,
15+and overtaking and passing a schoolbus; and to provide a penalty for a moving violation.
16+BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
17+ SECTION 1. AMENDMENT. Section 39-06.1-05 of the North Dakota Century Code is
18+amended and reenacted as follows:
19+ 39-06.1-05. Offenses excepted.
20+ The procedures authorized under sections 39-06.1-02 and 39-06.1-03 may not be
21+utilizedused by a person charged with one of the following offenses:
22+ 1. Driving or being in actual physical control of a vehicle in violation of section 39-08-01,
23+or an equivalent ordinance.
24+ 2. Reckless driving or aggravated reckless driving in violation of section 39-08-03, or an
25+equivalent ordinance.
26+ 3. A violation of chapter 12.1-16 resulting from the operation of a motor vehicle.
27+ 4. Leaving the scene of an accident in violation of section 39-08-04, 39-08-05, 39-08-07,
28+or 39-08-08, or equivalent ordinances.
29+ 5. Driving while license or driving privilege is suspended or revoked in violation of section
30+39-06-42, or an equivalent ordinance.
31+ 6. Violating subdivision b or c of subsection 5 of section 39-24-09.
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333 HOUSE BILL NO. 1294
4-(Representatives Novak, D. Anderson, Hauck, J. Olson, Pyle, Jonas)
5-(Senators Patten, Rummel)
6-AN ACT to amend and reenact subsection 2 of section 39-06.1-06 of the North Dakota Century Code,
7-relating to the amount of fees for a moving violation.
8-BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Subsection 2 of section 39-06.1-06 of the North Dakota Century Code
10-is amended and reenacted as follows:
11-2.For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except for:
12-a.A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty dollars.
13-b.A violation of section 39-10-05 involving failure to yield to a pedestrian or subsection 1 of
14-section 39-10-28, a fee of fifty dollars.
34+PROPOSED AMENDMENTS TO
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56+ 7. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46.
57+ 8. Causing an accident with an authorized emergency vehicle or a vehicle operated by or
58+under the control of the director used for maintaining the state highway system in
59+violation of subsection 5 of section 39-10-26.
60+ 9. A second or subsequent offense within five years of the first violation of overtaking
61+a stopped schoolbus when the flashing red lights or the stop sign on the control arm
62+on the schoolbus is in operation in violation of section 39 - 10 - 46 or a second or
63+subsequent violation within five years of the first offense of the registered owner of a
64+motor vehicle allowing the overtaking or passing of a schoolbus in violation of section
65+39 - 10 - 46.1.
66+SECTION 1. AMENDMENT. Subsection 2 of section 39-06.1-06 of the North Dakota
67+Century Code is amended and reenacted as follows:
68+2.For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except
69+for:
70+a.A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty
71+dollars.
72+b.A violation of section 39-10-05 involving failure to yield to a pedestrian or
73+subsection 1 of section 39-10-28, a fee of fifty dollars.
1574 c.A violation of section 39-21-41.2, a fee of twenty-five dollars.
16-d.A violation of subsection 1 of section 39-12-02, section 39-08-23, or section 39-08-25, a
17-fee of one hundred dollars.
18-e.A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one hundred
75+d.A violation of subsection 1 of section 39-12-02, section 39-08-23, or section
76+39-08-25, a fee of one hundred dollars.
77+e.A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one
78+hundred dollars.
79+f.A violation of subsection 6 of section 39-04-37, a fee of one hundred dollars.
80+g.A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty
1981 dollars.
20-f.A violation of subsection 6 of section 39-04-37, a fee of one hundred dollars.
21-g.A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty dollars.
2282 h.A violation of section 39-10-59, a fee of five hundred dollars.
2383 i.A violation of section 39-09-01, a fee of thirty dollars.
2484 j.A violation of section 39-09-01.1, a fee of thirty dollars.
25-k.A violation of section 39-10-46 or 39-10-46.1, a fee of one hundredtwo hundred fifty
26-dollars.
85+k.A violation of section 39-10-46 or 39-10-46.1, a fee of onefive hundredtwo
86+hundred fifty dollars for a first violation .
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27120 l.A violation of subsection 1 of section 39-08-20, one hundred fifty dollars for a first
28-violation and three hundred dollars for a second or subsequent violation in three years.
121+violation and three hundred dollars for a second or subsequent violation in three
122+years.
29123 m.A violation of section 39-10-24 or 39-10-44, a fee of forty dollars.
30124 n.A violation of section 39-10-50.1, a fee of fifty dollars.
31-o.A violation of section 39-19-03, a fee of fifty dollars. H. B. NO. 1294 - PAGE 2
32-____________________________ ____________________________
33-Speaker of the House President of the Senate
34-____________________________ ____________________________
35-Chief Clerk of the House Secretary of the Senate
36-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
37-Assembly of North Dakota and is known on the records of that body as House Bill No. 1294.
38-House Vote: Yeas 80 Nays 9 Absent 5
39-Senate Vote:Yeas 45 Nays 2 Absent 0
40-____________________________
41-Chief Clerk of the House
42-Received by the Governor at ________M. on _____________________________________, 2025.
43-Approved at ________M. on __________________________________________________, 2025.
44-____________________________
45-Governor
46-Filed in this office this ___________day of _______________________________________, 2025,
47-at ________ o’clock ________M.
48-____________________________
49-Secretary of State
125+o.A violation of section 39-19-03, a fee of fifty dollars.
126+ SECTION 3. AMENDMENT. Section 39-06.1-09 of the North Dakota Century Code is
127+amended and reenacted as follows:
128+ 39-06.1-09. Moving violation defined.
129+ For the purposes of sections 39-06.1-06 and 39-06.1-13, a "moving violation" means a
130+violation of section 39-04-11, 39-04-22, subsection 1 of section 39-04-37, section 39-04-55,
131+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,
132+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,
133+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,
134+except subdivisions b and c of subsection 5 of section 39-24-09, or equivalent ordinances; or a
135+violation of the provisions of chapter 39-10, 39-10.2, 39-21, or 39-27, or equivalent ordinances,
136+except subsection 5 of section 39-10-26, a second or subsequent violation of section 39 - 10 - 46
137+or 39 - 10 - 46.1, section 39-21-44, and subsections 2 and 3 of section 39-21-46, and those
138+sections within those chapters which are specifically listed in subsection 1 of section
139+39-06.1-08.
140+ SECTION 4. AMENDMENT. Section 39-10-46 of the North Dakota Century Code is
141+amended and reenacted as follows:
142+ 39-10-46. Overtaking and passing schoolbus.
143+ 1. The driver of a vehicle meeting or overtaking from either direction any schoolbus
144+stopped on the highway shall stop the vehicle before reaching the schoolbus when
145+there is in operation on the schoolbus the flashing red lights or the stop sign on the
146+control arm specified in section 39-21-18, and the driver may not proceed until the
147+schoolbus resumes motion, the driver is signaled by the schoolbus driver to proceed,
148+or the flashing red lights and the stop sign on the control arm are no longer actuated.
149+ 2. Every schoolbus must bear upon the front and rear thereof plainly visible signs
150+containing the word "SCHOOLBUS" in letters not less than eight inches [20.32
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184+centimeters] in height. When a schoolbus is being operated upon a highway for
185+purposes other than the actual transportation of children either to or from school or for
186+a school-sanctioned activity, all markings thereon indicating "SCHOOLBUS" must be
187+covered or concealed.
188+ 3. The operator of a schoolbus equipped with amber caution lights may activate those
189+lights at a distance of not less than three hundred feet [91.44 meters] nor more than
190+five hundred feet [152.4 meters] from the point where schoolchildren are to be
191+received or discharged from the bus.
192+ 4. Every schoolbus must be equipped with a stop sign on a control arm and red visual
193+signals meeting the requirements of section 39-21-18, which may only be actuated by
194+the driver of the schoolbus whenever the vehicle is stopped on the highway to receive
195+or discharge schoolchildren.
196+ 5. The driver of a vehicle upon a highway with separate roadways need not stop upon
197+meeting or passing a schoolbus which is on a different roadway or when upon a
198+controlled-access highway and the schoolbus is stopped in a loading zone which is a
199+part of or adjacent to such highway and where pedestrians are not permitted to cross
200+the roadway.
201+ 6. Every schoolbus must bear on the rear of the bus a plainly visible sign containing the
202+words "THIS SCHOOLBUS STOPS AT ALL RAILROAD CROSSINGS".
203+ 7. An individual who violates this section must be assessed a fee in the amount
204+provided under section 39 - 06.1 - 06 for a first violation. For a second or subsequent
205+violation within five years of the first violation, the individual is guilty of an infraction for
206+which a minimum fine of seven hundred fifty dollars must be imposed.
207+ SECTION 5. AMENDMENT. Section 39-10-46.1 of the North Dakota Century Code is
208+amended and reenacted as follows:
209+ 39-10-46.1. PermittingAllowing use of vehicle to violate section 39-10-46 prohibited -
210+Presumption of permission - Defense - Dual prosecution prohibited - Penalty .
211+ 1. The registered owner of a motor vehicle may not permitallow that motor vehicle to be
212+operated in violation of section 39-10-46.
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244+ a. If a motor vehicle is seen violating section 39-10-46, it is a disputable
245+presumption that the registered owner of the motor vehicle permittedallowed that
246+violation.
247+ b. A registered owner of a motor vehicle that violates this section must be assessed
248+a fee in the amount provided under section 39 - 06.1 - 06 for a first violation. For a
249+second or subsequent violation within five years of the first violation, the
250+registered owner is guilty of an infraction for which a minimum fine of seven
251+hundred fifty dollars must be imposed.
252+ c. It is a defense to a charge of violating this section that the registered owner of the
253+vehicle was not:
254+ (1) Not operating the vehicle, if that registered owner identifies the person
255+authorized by that owner to operate the motor vehicle at the time of the
256+violation of section 39-10-46, or if that motor vehicle had been taken without
257+the registered owner's permission; or
258+ (2) A previous registered owner.
259+ 2. A person may not be charged both with violating this section and with violating section
260+39-10-46.
261+ 3. Violation of this section is not a lesser included offense of violation of section
262+39-10-46.
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