25.0609.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Murphy, Grueneich
A BILL for an Act to create and enact a new subsection to section 39-04-19 and two new
subdivisions to subsection 2 of section 39-06.1-06 of the North Dakota Century Code, relating
to farm tractor registration and the amount of statutory fees; to amend and reenact subdivision a
of subsection 2 of section 39-04-18 and sections 39-06.1-09, 39-09-02, and 39-09-09 of the
North Dakota Century Code, relating to farm tractors, speed limitations, and minimum speed
limits; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subdivision a of subsection 2 of section 39-04-18 of the North
Dakota Century Code is amended and reenacted as follows:
a.Farm tractors as defined in section 39-01-01, special mobile equipment and road
rollers and other road construction or maintenance machinery that cannot be
operated on the highways and streets of this state in a normal operating manner.
(1)The owner or lessee of a farm tractor shall pay the fee under section
39 - 04 - 19 to operate the farm tractor on an access - controlled, paved and
divided, multilane interstate highway.
(2)While operating on an access - controlled, paved and divided, multilane
interstate highway a farm tractor must be:
(a)Clear of debris and may not leave debris on the interstate highway.
(b)Followed by a motor vehicle operating flashing hazard warning
signals.
SECTION 2. A new subsection to section 39-04-19 of the North Dakota Century Code is
created and enacted as follows:
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ENGROSSED HOUSE BILL NO. 1421
FIRST ENGROSSMENT
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A farm tractor may be registered to operate on an access - controlled, paved and
divided, multilane interstate highway upon the payment of an annual fee of twenty - five
dollars.
SECTION 3. A new subdivision to subsection 2 of section 39-06.1-06 of the North
Dakota Century Code is created and enacted as follows:
A violation of subparagraph a of paragraph 2 of subdivision a of subsection 2 of
39 - 04 - 18, a fee of one hundred dollars.
SECTION 4. A new subdivision to subsection 2 of section 39-06.1-06 of the North Dakota
Century Code is created and enacted as follows:
Except as provided in section 3 of this Act, a violation of subdivision a of
subsection 2 of section 39 - 04 - 18, a fee of two hundred dollars.
SECTION 5. 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, paragraph 2 of subdivision a of subsection 2 of section 39 - 04 - 18,
section 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, 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 6. AMENDMENT. Section 39-09-02 of the North Dakota Century Code is
amended and reenacted as follows:
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:
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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.
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.
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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 a zone of the access - controlled, paved and divided,
multilane interstate highways as a high accident zone. In a high accident zone the
director may reduce the speed limit of the zone to sixty miles [96.56 kilometers] an
hour. The speed limit reduction is effective when posted upon appropriate fixed or
variable speed limit signs.
4.The director may reduce the speed limit on access - controlled, paved and divided,
multilane interstate highways, when the director determines weather is causing limited
sight lines and the impacting safety. The speed limit reduction is effective when posted
upon appropriate fixed or variable speed limit signs.
5.Except as provided by law, it is unlawful for any person to drive a vehicle upon a
highway at a speed that is unsafe or at a speed exceeding the speed limit prescribed
by law or established pursuant to law.
4.6.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 whichthat this
section prescribes is prima facie lawful at the time and place of the alleged offense.
SECTION 7. AMENDMENT. Section 39-09-09 of the North Dakota Century Code is
amended and reenacted as follows:
39-09-09. Minimum speed limits.
1.An individual may not drive a motor vehicle at a reduced speed so as to impede the
normal and reasonable movement of traffic except when reduced speed is necessary
for safe operation or in compliance with law.
2.IfSubject to subsection 3, the director and the superintendent of the highway patrol,
acting jointly, or a local authority within the authority's jurisdiction, determines on the
basis of an engineering and traffic investigation that slow speeds on any highway or
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part of a highway impede the safe, normal, and reasonable movement of traffic, the
director and superintendent or the local authority may determine and declare a
minimum speed limit below which an individual may not drive a vehicle except when
necessary for safe operation or in compliance with law, and that limit is effective when
posted upon appropriate fixed or variable signs.
3.An individual may not drive a motor vehicle at a speed less than forty miles [64.37
kilometers] an hour while on an access - controlled, paved and divided, multilane
interstate highway unless the motor vehicle is a farm tractor followed by a motor
vehicle operating flashing hazard warning signals.
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