25.0728.01002
Title.02000
Adopted by the Transportation
Committee
Sixty-ninth
February 13, 2025
Legislative Assembly
of North Dakota
Introduced by
Representatives Novak, Dockter, O'Brien, J. Olson, Pyle, D. Ruby, Tveit, Heinert
Senators Conley, Rummel
A BILL for an Act to amend and reenact sections 39-06-01 and 39-06-42, 39-06.1-06, and
39-06.1-09 and paragraph 23 of subdivision a of subsection 3 of section 39-06.1-10 of the North
Dakota Century Code, relating to operating a motor vehicle while driving privileges are
suspended or revoked, the amount of statutory fees, the definition of moving violations, and
entries against a driving record; and to provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 39-06-01 of the North Dakota Century Code is
amended and reenacted as follows:
39-06-01. Operators must be licensed - Additional licensing - Penalty.
1. An individual, unless exempted in this section, may not drive any motor vehicle on a
highway or on public or private areas to which the public has a right of access for
vehicular use in this state unless the individual has a valid license as an operator
under this chapter or a temporary operator's permit issued under chapter 39-20. An
individual may not receive an operator's license or a nondriver identification card until
that individual surrenders to the director all operator's licenses, permits, and nondriver
photo identification cards issued to that individual by any state or country. If a license
issued by another state is surrendered, the director shall notify the issuing state of the
surrender. An individual may be issued either a valid operator's license or a nondriver
identification card at any one time, but not both.
Page No. 1 25.0728.01002
HOUSE BILL NO. 1422
PROPOSED AMENDMENTS TO
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2. An individual licensed as an operator may exercise the privilege granted by the license
on any highway in this state and may not be required to obtain any other license to
exercise the privilege by any political subdivision having authority to adopt police
regulations, except that municipalities may regulate occupations and may regulate the
operation of taxicabs under subsection 27 of section 40-05-01.
3. An individual may not operate a motor vehicle on a highway or public or private areas
to which the public has a right of access for vehicular use in the state while an
individual's operators license has been disqualified as a result of a suspension or
revocation. An offense under this subsection may be dismissed only if the operators
license is reinstated within sixty days of the date of the offense and the dismissal must
be granted by the court upon satisfactory evidence of reinstatement of driving
privileges. An individual in violation of this subsection is subject to a fine of
one hundred dollars and three points to be charged against the individual's driving
record.
SECTION 1. AMENDMENT. Section 39-06-42 of the North Dakota Century Code is
amended and reenacted as follows:
39-06-42. Penalty for driving while license suspended or revoked - Impoundment of
vehicle number plates - Authority of cities.
1.Except as provided in section 39-06.1-11, an individual who operates a motor vehicle
on a highway or on public or private areas to which the public has a right of access for
vehicular use in this state while an individual's operator's license is suspended or
revoked in any jurisdiction is guilty of a class B misdemeanor for the first, second, or
third offense within a five-year period. Any subsequent offense within the same
five-year period is a class A misdemeanor.
2.If the suspension or revocation was imposed for violation of section 39-08-01 or
equivalent ordinance or was governed by section 39-06-31 or chapter 39-20, the
sentence must be at least four consecutive days' imprisonment and a fine as the court
deems proper. The execution of sentence may not be suspended or the imposition of
sentence deferred under subsection 3 or 4 of section 12.1-32-02. Forfeiture of bail is
not permitted in lieu of the defendant's personal appearance in open court for
arraignment on a charge under this subsection.
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3.A court may dismissreduce a charge under this section to a disqualified driver upon
motion by the defendant if the defendant's operator's license is reinstated within sixty
days of the date of the offense and the defendant provides to the court satisfactory
evidence of the reinstatement. Alternatively, upon motion, a court may grant a motion
to amend a charge under this section to a violation of section 39-06-01.
4.In addition to any other punishment imposed, the court may order the number plates of
the motor vehicle owned and operated by the offender at the time of the offense to be
destroyed by the sheriff. If a period of suspension has been extended under
subsection 6 of section 39-06-17, the court may order the number plates to be
destroyed under this subsection. The offender shall deliver the number plates to the
court without delay at a time certain as ordered by the court following the conviction.
The court shall deliver the number plates to the sheriff and notify the department of the
order. An offender who does not provide the number plates to the court at the
appropriate time is subject to revocation of probation.
5.A city may authorize, by ordinance, its municipal judge to order destruction of motor
vehicle number plates by the office of the police officer that made the arrest in the
manner provided in subsection 4.
SECTION 2. 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 39-06-01, 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.
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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.
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, 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 - 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
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26 - 35 $ 40 plus $3/each mph over 25 mph over limit
36 - 45 $ 70 plus $3/each mph over 35 mph over limit
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 limit
6.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.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
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ten miles per hour over the limit unless a greater fee would be applicable under this
section.
9.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".
10. For a violation of operating a motor vehicle while not being licensed under section
39-06-01, a fee of one hundred fifty dollars.
SECTION 3. 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, 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 4. AMENDMENT. Paragraph 23 of subdivision a of subsection 3 of section
39-06.1-10 of the North Dakota Century Code is amended and reenacted as follows:
(23)Operating a motor vehicle without a license in 40 points
violation of section 39-06-01, or equivalent ordinance
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