25.0496.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Koppelman, Louser, Murphy, Pyle, Schneider, Vetter, Grueneich
Senators Cory, Meyer, Paulson, Roers
A BILL for an Act to amend and reenact section 39-06.1-06, subsection 3 of section 39-06.1-10,
sections 39-09-02, 39-09-04, and 39-09-07.1, and subsection 2 of section 40-05-06 of the North
Dakota Century Code, relating to the amount of statutory fees, points assigned to driving
records, speed limitations on multilane highways, variable speed limits, alteration of maximum
speed limits on state highways, speed zone reduction limitations, and city fines and penalties;
and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 39-06.1-06 of the North Dakota Century Code is
amended and reenacted as follows:
39-06.1-06. Amount of statutory fees.
The fees required for a noncriminal disposition under section 39-06.1-02 or 39-06.1-03 must
be as follows:
1.For a nonmoving violation as defined in section 39-06.1-08, a fee of twenty dollars
except for a violation of any traffic parking regulation on any state charitable or penal
institution property or on the state capitol grounds, a fee in the amount of five dollars,
excluding a violation of subsection 11 of section 39-01-15.
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.
Page No. 1 25.0496.02000
HOUSE BILL NO. 1298
HOUSE BILL NO. 1298
with Senate Amendments
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 Sixty-ninth
Legislative Assembly
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 one hundred dollars.
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.
3.For a violation of section 39-21-44 or a rule adopted under that section, a fee of two
hundred fifty dollars.
4.Except as provided in subsections 5 and 7, forFor a violation of section 39-09-02, or
an equivalent ordinance, a fee established as follows:
Miles per hour over
lawful speed limitFee
1 - 5 $ 5
6 - 10 $ 5 plus $1/each mph over 5 mph over limit
11 - 15 $ 10 plus $1/each mph over 10 mph over limit
16 - 20 $ 15 plus $2/each mph over 15 mph over limit
21 - 25 $ 25 plus $3/each mph over 20 mph over limit
26 - 35 $ 40 plus $3/each mph over 25 mph over limit
36 - 45 $ 70 plus $3/each mph over 35 mph over limit
Page No. 2 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
46 +$100 plus $5/each mph over 45 mph over limit
5.On a highway on which the speed limit is a speed higher than fifty-five miles
[88.51 kilometers] an hour, for a violation of section 39-09-02, or an equivalent
ordinance, a fee established as follows:
Miles per hour over
lawful speed limit Fee
1 - 10 $2/each mph over limit
11 +$20 plus $5/each mph over 10 mph over limitof five dollars for each mile per hour over
the limit.
6.5.For a violation of section 39-06.2-10.9 or subsection 3 of section 39-21-46, a fee
established as follows:
a.Driving more than eleven hours since the last ten hours off duty, driving after
fourteen hours on duty since the last ten hours off duty, driving after sixty hours
on duty in seven days or seventy hours in eight days, no record of duty status or
log book in possession, failing to retain previous seven-day record of duty status
or log book, or operating a vehicle with four to six out-of-service defects, one
hundred dollars;
b.False record of duty status or log book or operating a vehicle with seven to nine
out-of-service defects, two hundred fifty dollars;
c.Operating a vehicle after driver placed out of service, operating a vehicle with ten
or more out-of-service defects, or operating a vehicle that has been placed out of
service prior to its repair, five hundred dollars; and
d.All other violations of motor carrier safety rules adopted under subsection 3 of
section 39-21-46, fifty dollars.
7.On a highway on which the speed limit is posted in excess of sixty-five miles
[104.61 kilometers] an hour, for a violation of section 39-09-02, or equivalent
ordinance, a fee of five dollars for each mile per hour over the limit.
8.6.For a violation of a school zone speed limit under subdivision b of subsection 1 of
section 39-09-02, a fee of forty dollars for one through ten miles per hour over the
posted speed; and forty dollars, plus one dollar for each additional mile per hour over
Page No. 3 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Sixty-ninth
Legislative Assembly
ten miles per hour over the limit unless a greater fee would be applicable under this
section.
9.7.For a violation of a highway construction zone speed limit under subsection 2 of
section 39-09-02, a fee of eighty dollars for one through ten miles per hour over the
posted speed; and eighty dollars plus two dollars for each mile per hour over ten miles
per hour over the limit, unless a greater fee would be applicable under this section.
The fee in this subsection does not apply to a highway construction zone unless
individuals engaged in construction are present at the time and place of the violation
and the posted speed limit sign states "Minimum Fee $80".
SECTION 2. AMENDMENT. Subsection 3 of section 39-06.1-10 of the North Dakota
Century Code is amended and reenacted as follows:
3.Points must be assigned and accumulated on the basis of the following schedule:
a.Noncriminal Violations
Noncriminal Adjudication or Admission of: Points Assigned:
(1)Overtime and double parking in violation of city 0 points
ordinances
(2)Failure to display license plates 1 point
(3)Permitting unauthorized minor to drive 2 points
(4)Permitting unauthorized person to drive 2 points
(5)Unlawful stopping, standing, or parking on open 2 points
highway in violation of section 39-10-47
(6)Unlawful parking in prohibited place 1 point
(7)Leaving motor vehicle improperly unattended on 1 point
an open highway
(8)Opening or leaving motor vehicle doors open when 1 point
unsafe to do so
(9)Except as provided in sections 39-21-44 and 2 points
39-21-45.1, knowingly driving with defective,
nonexistent, or unlawful equipment in violation of
section 39-21-46, or equivalent ordinances
Page No. 4 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Sixty-ninth
Legislative Assembly
(10)Careless driving in violation of section 39-09-01, or 6 points
equivalent ordinance
(11)Violating or exceeding restrictions contained in 4 points
a restricted certificate issued pursuant to section
39-06.1-03
(12)Racing or drag racing motor vehicles in violation 10 points
of section 39-08-03.1, or equivalent ordinance
(13)Exhibition driving in violation of section 39-08-03.1, or 3 points
equivalent ordinance
(14)Failing to yield right of way in violation of 2 points
section 39-10-20, 39-10-22 through 39-10-26,
39-10-28, 39-10-33.3, 39-10-44, or 39-10-72, or
equivalent ordinances
(15)Disobeying an official traffic-control device 23 points
in violation of section 39-10-04, 39-10-05, or
39-10-07, or equivalent ordinances
(16)Driving on wrong side of road in violation of 2 points
section 39-10-08, 39-10-14, or
subsection 1, or 2, or 3 of section 39-10-16, or
equivalent ordinances
(17)Failing to dim headlights in violation of section 1 point
39-21-21, or equivalent ordinance
(18)Failing to stop at railroad crossing in violation of section 3 points
39-10-41 or 39-10-42, or equivalent ordinances
(19)Knowingly driving with defective brakes in violation of 2 points
section 39-21-32 or 39-21-33, or equivalent ordinances
(20)Disregarding the lawful commands of a police officer in 2 points
violation of section 39-10-02, or equivalent ordinance
(21)Overtaking where prohibited or in an unsafe manner in 2 points
violation of section 39-10-11, or 39-10-12, 39-10-13, or
39-10-15, or equivalent ordinances
Page No. 5 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
(22)Overtaking and passing a schoolbus in violation of 6 points
section 39-10-46, or equivalent ordinance
(23)Operating a motor vehicle without a license in 4 points
violation of section 39-06-01, or equivalent ordinance
(24)Improperly operating or unlawfully carrying 2 points
passengers or packages on a motorcycle in violation
of section 39-10.2-02, or equivalent ordinance
(25)Improperly operating a motorcycle in laned traffic in 2 points
violation of section 39-10.2-03, or equivalent ordinance
(26)Clinging to other vehicles while riding a motorcycle in 4 points
violation of section 39-10.2-04, or equivalent ordinance
(27)Carrying a passenger on a motorcycle not equipped 2 points
with passenger footrests in violation of section
39-10.2-05, or equivalent ordinance
(28)Operating a motorcycle without protective headgear 2 points
in violation of subsection 1 of section 39-10.2-06, or
equivalent ordinance
(29)Failing to use the care required in section 39-09-01.1, 2 points
or equivalent ordinance
(30)Except as provided in paragraph 33, operating a motor
vehicle in excess of speed limit in violation of section
39-09-02, or equivalent ordinance
6 - 10 mph over limit 0 points
11 - 15 mph over limit 1 point
16 - 20 mph over limit 3 points
21 - 25 mph over limit 5 points
26 - 35 mph over limit 9 points
36 - 45 mph over limit 12 points
46 + mph over limit 15 points
(31)Driving in violation of section 39-08-18 23 points
(32)Driving in violation of section 39-08-09 6 points
Page No. 6 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
(33)On a highway on which the speed limit is posted in
excess of sixty-five miles [104.61 kilometers] an hour,
operating a motor vehicle in excess of the speed limit
in violation of section 39-09-02, or equivalent ordinance
Miles per hour over lawful speed limit Points
1 - 5 0
6 - 10 1
11 - 15 3
16 - 20 5
21 - 25 7
26 - 30 10
31 - 35 12
36 + 15
(34)Failing to have a minor in a child restraint system1 point3 points
or seatbelt in violation of section 39-21-41.2
(35)Failure or refusal to comply with rules of the 0 points
superintendent of the highway patrol in violation
of subsection 3 of section 39-21-46
(36)Violation of section 39-21-44 or any rule adopted 2 points
under that section
(37)Except as provided in paragraph 39, operating a motor 6 points
vehicle without liability insurance, in violation of
section 39-08-20
(38)Except as provided in paragraph 39, operating a motor 12 points
vehicle without liability insurance, in violation of
section 39-08-20, if the driving record shows that the
licensee has within the eighteen months preceding the
violation previously violated section 39-08-20
(39)Operating a motor vehicle without liability insurance, 14 points
in violation of section 39-08-20, if the violation was
Page No. 7 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Sixty-ninth
Legislative Assembly
discovered as the result of investigation of an accident
in which the driver is the owner
(40)Driving a modified motor vehicle in violation of section 1 point
39-21-45.1, or equivalent ordinance
(41)Driving in violation of the conditions of 2 points
an instructional permit
(42)Using a wireless communications device 3 points
in violation of section 39 - 08-23 or
39 - 08 - 24, or equivalent ordinance
(43)Failure to maintain control of a motor vehicle while distracted 3 points
in violation of section 39 - 08 - 25
(44)Overtaking where prohibited or in an unsafe manner in 3 points
violation of section 39 - 10 - 13 or 39 - 10 - 15, or
equivalent ordinances
(45)Driving on the wrong side of the road in violation of 3 points
subsection 3 of section 39 - 10 - 16, or
equivalent ordinances
(46)Following too close in violation of 3 points
subsection 1 of section 39-10-18, or
equivalent ordinance
(47)Driving on a closed road during hazardous conditions, 3 points
when closure was announced, in violation
of section 39 - 10 - 21.1, or equivalent ordinance
(48)Failing to yield the right of way in violation 3 points
of section 39 - 10 - 22 through 39 - 10 - 26,
39-10-26.3, 39-10-28, or 39-10-33.3, or equivalent ordinance
(49)Disregarding stop sign in violation of section 3 points
39 - 10 - 44, or equivalent ordinance .
b.Criminal Violations
Conviction of: Points Assigned:
Page No. 8 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Sixty-ninth
Legislative Assembly
(1)Reckless driving in violation of section 39-08-03, or 8 points
equivalent ordinance
(2)Aggravated reckless driving in violation of section 12 points
39-08-03, or equivalent ordinance
(3)Leaving the scene of an accident involving property 14 points
damage in violation of section 39-08-05, 39-08-07,
or 39-08-08, or equivalent ordinances
(4)Leaving the scene of an accident involving personal 18 points
injury or death in violation of section 39-08-04, or
equivalent ordinance
(5)Violating restrictions in a restricted license issued 3 points
under section 39-06-17 and relating to the use of
eyeglasses or contact lenses while driving
(6)Violating any restrictions other than those listed in 4 points
paragraph 5, contained in a restricted license issued
under section 39-06-17 or 39-06.1-11
(7)Except as provided in paragraph 9 of subdivision a, 23 points
knowingly operating an unsafe vehicle in violation of
section 39-21-46, or equivalent ordinance
(8)Fleeing in a motor vehicle from a peace officer in 24 points
violation of section 39-10-71, or equivalent ordinance
(9)Causing an accident with an authorized emergency 2 points
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,
or equivalent ordinance.
SECTION 3. AMENDMENT. Section 39-09-02 of the North Dakota Century Code is
amended and reenacted as follows:
Page No. 9 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 Sixty-ninth
Legislative Assembly
39-09-02. Speed limitations.
1.Subject to the provisions of section 39-09-01 and except in those instances when a
lower speed is specified in this chapter, it presumably is lawful for the driver of a
vehicle to drive the same at a speed not exceeding:
a.Twenty miles [32.19 kilometers] an hour when approaching within fifty feet [15.24
meters] of a grade crossing of any steam, electric, or street railway when the
driver's view is obstructed. A driver's view is deemed to be obstructed when at
any time during the last two hundred feet [60.96 meters] of the driver's approach
to such crossing, the driver does not have a clear and uninterrupted view of such
railway crossing and of any traffic on such railway for a distance of four hundred
feet [121.92 meters] in each direction from such crossing.
b.Twenty miles [32.19 kilometers] an hour when passing a school during school
recess or while children are going to or leaving school during opening or closing
hours, unless a lower speed is designated or posted by local authorities.
c.Twenty miles [32.19 kilometers] an hour when approaching within fifty feet [15.24
meters] and in traversing an intersection of highways when the driver's view is
obstructed. A driver's view is deemed to be obstructed when at any time during
the last fifty feet [15.24 meters] of the driver's approach to such intersection, the
driver does not have a clear and uninterrupted view of such intersection and of
the traffic upon all of the highways entering such intersection for a distance of two
hundred feet [60.96 meters] from such intersection.
d.Twenty miles [32.19 kilometers] an hour when the driver's view of the highway
ahead is obstructed within a distance of one hundred feet [30.48 meters].
e.Twenty-five miles [40.23 kilometers] an hour on any highway in a business district
or in a residence district or in a public park, unless a different speed is designated
and posted by local authorities.
f.Fifty-five miles [88.51 kilometers] an hour on gravel, dirt, or loose surface
highways, and on paved two-lane county and township highways if there is no
speed limit posted, unless otherwise permitted, restricted, or required by
conditions.
Page No. 10 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30 Sixty-ninth
Legislative Assembly
g.Sixty-five miles [104.61 kilometers] an hour on paved two-lane highways if posted
for that speed, unless otherwise permitted, restricted, or required by conditions.
h.Seventy miles [112.65 kilometers] an hour on paved and divided multilane
highways, unless otherwise permitted, restricted, or required by conditions.
i.Seventy-fiveEighty miles [120.70128.75 kilometers] an hour on
access-controlled, paved and divided, multilane interstate highways, unless
otherwise permitted, restricted, or required by conditions.
2.The director may designate and post special areas of state highways where lower
speed limits apply. Differing limits may be established for different times of the day
within highway construction zones which are effective when posted upon appropriate
fixed or variable speed limit signs.
3.The director may designate variable speed limit adjustment zones along the state
highway system. The department may install variable speed limit signs in a variable
speed limit adjustment zone. In each variable speed limit adjustment zone the director,
in coordination with the superintendent of the highway patrol, may use real time
intelligent transportation systems to adjust the speed limit when a speed limit
adjustment would provide for the safe and efficient movement of motor vehicles.
4.Except as provided by law, it is unlawful for anya person tomay not drive a vehicle
uponon a highway at a speed that is unsafe or at a speed exceeding the speed limit
prescribed by law or established pursuant to law.
4.5.In charging a violation of the provisions of this section, the complaint must specify the
speed at which the defendant is alleged to have driven and the speed which this
section prescribes is prima facie lawful at the time and place of the alleged offense.
SECTION 4. AMENDMENT. Section 39-09-04 of the North Dakota Century Code is
amended and reenacted as follows:
39-09-04. Alteration of maximum speed limits on state highways.
The maximum speed limits specified in section 39-09-02 may be altered on all or any part of
the state highway system by an administrative order by the director after holding a public
hearing has been held. SuchThe determination must be based on engineering and traffic
investigations with primary consideration given to the establishment of reasonable and safe
speeds, highway conditions, enforcement, and the general welfare. Speed limits established
Page No. 11 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31 Sixty-ninth
Legislative Assembly
pursuant tounder this section shall beare effective only when appropriate signs giving notice
thereof are erected and suchthe maximum speed limits may be declared to be effective at all
times or at suchthe times as are indicated upon saidon the signs. Differing limits may be
established by the director for different times of the day, different types of vehicles, varying
weather conditions, and other factors bearing on safe speeds, which shall be. Differing limits are
effective when posted uponon appropriate fixed or variable signs. An administrative order is not
required to lower maximum speed limits temporarily due to unsafe conditions.
SECTION 5. AMENDMENT. Section 39-09-07.1 of the North Dakota Century Code is
amended and reenacted as follows:
39-09-07.1. Speed zones - Reduction limitation.
1.Except for highway construction zonesunder subsections 2 and 3, no a street, road, or
highway in the state highway system or any other township, county, or state road or
highway may not be posted in a manner which reduces the maximum speed limit on
the street, road, or highway by more than twenty miles [32.19 kilometers] per hour
between any two signs so posted in a speed zone.
2.The maximum speed limit reductions between two fixed or variable signs in a variable
speed limit adjustment zone may exceed twenty miles [32.18 kilometers] per hour
when speed limits are lowered temporarily by the director due to unsafe conditions.
3.The maximum speed limit reduction between any two signs posted in a highway
construction zone may not exceed thirty miles [48.28 kilometers] per hour.
SECTION 6. AMENDMENT. Subsection 2 of section 40-05-06 of the North Dakota Century
Code is amended and reenacted as follows:
2.For every violation of a city ordinance that regulates the operation or equipment of a
motor vehicle or which regulates traffic, except those ordinances listed in section
39-06.1-05, a fee may be established, by ordinance, which may exceed, by up to one
hundred percent, the limit, for an equivalent category of violation, set forth in section
39-06.1-06 except for a violation of a speed limitation.
Page No. 12 25.0496.02000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27