Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1346
(Representatives Heilman, Klemin)
AN ACT to amend and reenact section 39-29-01, subsection 4 of section 39-29-08, and section
39-29-12 of the North Dakota Century Code, relating to the regulation of the operation of
off-highway vehicles and political subdivision rules regulating off-highway vehicles; and to
provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 39-29-01 of the North Dakota Century Code is amended and
reenacted as follows:
39-29-01. Definitions.
As used in this chapter, unless the context otherwise requires:
1."Dealer" means any person engaged in the business of buying, selling, or exchanging
off-highway vehicles or who advertises, or holds out to the public as engaged in the buying,
selling, or exchanging of off-highway vehicles, or who engages in the buying of off-highway
vehicles for resale.
2."Off-highway vehicle" means any motorized vehicle not designed for use on a highway and
capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain.
The term includes a motorized vehicle converted to operate on snow. The term does not
include an electric bicycle. An off-highway vehicle must be classified into one of the following
categories:
a.Class I off-highway vehicle is a vehicle that does not qualify as road capable under
chapters 39-21 and 39-27, has a seat or a saddle designed to be straddled by the
operator, and has handlebars for steering control of two wheels.
b.Class II off-highway vehicle is fifty inches [1270.00 millimeters] or less in width, weighs
one thousand two hundred pounds [544.31 kilograms] or less, and travels on three or
more nonhighway tires; or is sixty-five inches [1651 millimeters] or less in width, weighs
two thousand pounds [907.19 kilograms] or less, and travels on four or more nonhighway
tires.
c.Class III off-highway vehicle weighs less than eight thousand pounds
[3628.74 kilograms]; travels on skis, runners, tracks, or four or more tires; has a seat; has
a wheel, handlebars, or t steering for steering control; and is designated for or capable of
cross-country on or over land, water, sand, snow, ice, marsh, swampland, or other
natural terrain, but does not include a vehicle registered by the department under chapter
39-04 or 39-24.
3."Operate" means to ride in or on and control the operation of an off-highway vehicle.
4."Operator" means an individual who operates or is in actual physical control of an off-highway
vehicle.
5."Owner" means a person, other than a lienholder, having the property in or title to an
off-highway vehicle and entitled to its use or possession. H. B. NO. 1346 - PAGE 2
6."Peace officer" means a public servant authorized by law or by a government agency or
branch to enforce the law and to conduct or engage in investigations of violations of the law.
7."Register" means the act of assigning a registration number to an off-highway vehicle.
SECTION 2. AMENDMENT. Subsection 4 of section 39-29-08 of the North Dakota Century Code is
amended and reenacted as follows:
4.The governing bodies of political subdivisions may adopt rules to regulate use of off-highway
vehicles in areas under their jurisdiction. The governing body of a city or county may, by
ordinance, regulate, restrict, and prohibit the use of off-highway vehicles operated in the city
limits or within the county in areas under the exclusive jurisdiction of the city or county.
SECTION 3. AMENDMENT. Section 39-29-12 of the North Dakota Century Code is amended and
reenacted as follows:
39-29-12. Penalties.
Violation of subdivision b, c, or g of subsection 5 of section 39-29-09 is a class B misdemeanor.
Violation of any other provision of section 39-29-09 is an infraction for which a fee of twentyfifty dollars
must be assessed. Violation of section 39-29-02 or subsection 2 of section 39-29-04 is an infraction, for
which a fee of fifty dollars must be assessed. If the individual provides proof of registration since the
violation, the fee may be reduced by one-half. Violation of any other provision of this chapter is an
infraction, for which a fee of tentwenty dollars must be assessed. H. B. NO. 1346 - PAGE 3
____________________________ ____________________________
Speaker of the House President of the Senate
____________________________ ____________________________
Chief Clerk of the House Secretary of the Senate
This certifies that the within bill originated in the House of Representatives of the Sixty-ninth Legislative
Assembly of North Dakota and is known on the records of that body as House Bill No. 1346.
House Vote: Yeas 83 Nays 6 Absent 5
Senate Vote:Yeas 44 Nays 0 Absent 3
____________________________
Chief Clerk of the House
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State