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North Dakota House Bill HB1346

North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1346 Compare Versions

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1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-HOUSE BILL NO. 1346
4-(Representatives Heilman, Klemin)
5-AN ACT to amend and reenact section 39-29-01, subsection 4 of section 39-29-08, and section
6-39-29-12 of the North Dakota Century Code, relating to the regulation of the operation of
7-off-highway vehicles and political subdivision rules regulating off-highway vehicles; and to
1+25.0920.02000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Representatives Heilman, Klemin
7+A BILL for an Act to amend and reenact section 39-29-01, subsection 4 of section 39-29-08, and
8+section 39-29-12 of the North Dakota Century Code, relating to the regulation of the operation
9+of off-highway vehicles and political subdivision rules regulating off-highway vehicles; and to
810 provide a penalty.
911 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
10-SECTION 1. AMENDMENT. Section 39-29-01 of the North Dakota Century Code is amended and
11-reenacted as follows:
12+SECTION 1. AMENDMENT. Section 39-29-01 of the North Dakota Century Code is
13+amended and reenacted as follows:
1214 39-29-01. Definitions.
1315 As used in this chapter, unless the context otherwise requires:
1416 1."Dealer" means any person engaged in the business of buying, selling, or exchanging
15-off-highway vehicles or who advertises, or holds out to the public as engaged in the buying,
16-selling, or exchanging of off-highway vehicles, or who engages in the buying of off-highway
17-vehicles for resale.
18-2."Off-highway vehicle" means any motorized vehicle not designed for use on a highway and
19-capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain.
20-The term includes a motorized vehicle converted to operate on snow. The term does not
21-include an electric bicycle. An off-highway vehicle must be classified into one of the following
22-categories:
23-a.Class I off-highway vehicle is a vehicle that does not qualify as road capable under
24-chapters 39-21 and 39-27, has a seat or a saddle designed to be straddled by the
25-operator, and has handlebars for steering control of two wheels.
26-b.Class II off-highway vehicle is fifty inches [1270.00 millimeters] or less in width, weighs
27-one thousand two hundred pounds [544.31 kilograms] or less, and travels on three or
28-more nonhighway tires; or is sixty-five inches [1651 millimeters] or less in width, weighs
29-two thousand pounds [907.19 kilograms] or less, and travels on four or more nonhighway
30-tires.
17+off-highway vehicles or who advertises, or holds out to the public as engaged in the
18+buying, selling, or exchanging of off-highway vehicles, or who engages in the buying of
19+off-highway vehicles for resale.
20+2."Off-highway vehicle" means any motorized vehicle not designed for use on a highway
21+and capable of cross-country travel on land, snow, ice, marsh, swampland, or other
22+natural terrain. The term includes a motorized vehicle converted to operate on snow.
23+The term does not include an electric bicycle. An off-highway vehicle must be
24+classified into one of the following categories:
25+a.Class I off-highway vehicle is a vehicle that does not qualify as road capable
26+under chapters 39-21 and 39-27, has a seat or a saddle designed to be straddled
27+by the operator, and has handlebars for steering control of two wheels.
28+Page No. 1 25.0920.02000
29+ENGROSSED HOUSE BILL NO. 1346
30+FIRST ENGROSSMENT
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51+21 Sixty-ninth
52+Legislative Assembly
53+b.Class II off-highway vehicle is fifty inches [1270.00 millimeters] or less in width,
54+weighs one thousand two hundred pounds [544.31 kilograms] or less, and travels
55+on three or more nonhighway tires; or is sixty-five inches [1651 millimeters] or
56+less in width, weighs two thousand pounds [907.19 kilograms] or less, and travels
57+on four or more nonhighway tires.
3158 c.Class III off-highway vehicle weighs less than eight thousand pounds
32-[3628.74 kilograms]; travels on skis, runners, tracks, or four or more tires; has a seat; has
33-a wheel, handlebars, or t steering for steering control; and is designated for or capable of
34-cross-country on or over land, water, sand, snow, ice, marsh, swampland, or other
35-natural terrain, but does not include a vehicle registered by the department under chapter
36-39-04 or 39-24.
59+[3628.74 kilograms]; travels on skis, runners, tracks, or four or more tires; has a
60+seat; has a wheel, handlebars, or t steering for steering control; and is
61+designated for or capable of cross-country on or over land, water, sand, snow,
62+ice, marsh, swampland, or other natural terrain, but does not include a vehicle
63+registered by the department under chapter 39-04 or 39-24.
3764 3."Operate" means to ride in or on and control the operation of an off-highway vehicle.
38-4."Operator" means an individual who operates or is in actual physical control of an off-highway
39-vehicle.
65+4."Operator" means an individual who operates or is in actual physical control of an
66+off-highway vehicle.
4067 5."Owner" means a person, other than a lienholder, having the property in or title to an
41-off-highway vehicle and entitled to its use or possession. H. B. NO. 1346 - PAGE 2
42-6."Peace officer" means a public servant authorized by law or by a government agency or
43-branch to enforce the law and to conduct or engage in investigations of violations of the law.
68+off-highway vehicle and entitled to its use or possession.
69+6."Peace officer" means a public servant authorized by law or by a government agency
70+or branch to enforce the law and to conduct or engage in investigations of violations of
71+the law.
4472 7."Register" means the act of assigning a registration number to an off-highway vehicle.
45-SECTION 2. AMENDMENT. Subsection 4 of section 39-29-08 of the North Dakota Century Code is
73+SECTION 2. AMENDMENT. Subsection 4 of section 39-29-08 of the North Dakota Century
74+Code is amended and reenacted as follows:
75+4.The governing bodies of political subdivisions may adopt rules to regulate use of
76+off-highway vehicles in areas under their jurisdiction. The governing body of a city or
77+county may, by ordinance, regulate, restrict, and prohibit the use of off-highway
78+vehicles operated in the city limits or within the county in areas under the exclusive
79+jurisdiction of the city or county.
80+SECTION 3. AMENDMENT. Section 39-29-12 of the North Dakota Century Code is
4681 amended and reenacted as follows:
47-4.The governing bodies of political subdivisions may adopt rules to regulate use of off-highway
48-vehicles in areas under their jurisdiction. The governing body of a city or county may, by
49-ordinance, regulate, restrict, and prohibit the use of off-highway vehicles operated in the city
50-limits or within the county in areas under the exclusive jurisdiction of the city or county.
51-SECTION 3. AMENDMENT. Section 39-29-12 of the North Dakota Century Code is amended and
52-reenacted as follows:
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111+29 Sixty-ninth
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53113 39-29-12. Penalties.
54-Violation of subdivision b, c, or g of subsection 5 of section 39-29-09 is a class B misdemeanor.
55-Violation of any other provision of section 39-29-09 is an infraction for which a fee of twentyfifty dollars
56-must be assessed. Violation of section 39-29-02 or subsection 2 of section 39-29-04 is an infraction, for
57-which a fee of fifty dollars must be assessed. If the individual provides proof of registration since the
58-violation, the fee may be reduced by one-half. Violation of any other provision of this chapter is an
59-infraction, for which a fee of tentwenty dollars must be assessed. H. B. NO. 1346 - PAGE 3
60-____________________________ ____________________________
61-Speaker of the House President of the Senate
62-____________________________ ____________________________
63-Chief Clerk of the House Secretary of the Senate
64-This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
65-Assembly of North Dakota and is known on the records of that body as House Bill No. 1346.
66-House Vote: Yeas 83 Nays 6 Absent 5
67-Senate Vote:Yeas 44 Nays 0 Absent 3
68-____________________________
69-Chief Clerk of the House
70-Received by the Governor at ________M. on _____________________________________, 2025.
71-Approved at ________M. on __________________________________________________, 2025.
72-____________________________
73-Governor
74-Filed in this office this ___________day of _______________________________________, 2025,
75-at ________ o’clock ________M.
76-____________________________
77-Secretary of State
114+Violation of subdivision b, c, or g of subsection 5 of section 39-29-09 is a class B
115+misdemeanor. Violation of any other provision of section 39-29-09 is an infraction for which a
116+fee of twentyfifty dollars must be assessed. Violation of section 39-29-02 or subsection 2 of
117+section 39-29-04 is an infraction, for which a fee of fifty dollars must be assessed. If the
118+individual provides proof of registration since the violation, the fee may be reduced by one-half.
119+Violation of any other provision of this chapter is an infraction, for which a fee of tentwenty
120+dollars must be assessed.
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