Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
HOUSE BILL NO. 1422
(Representatives Novak, Dockter, O'Brien, J. Olson, Pyle, D. Ruby, Tveit, Heinert)
(Senators Conley, Rummel)
AN ACT to amend and reenact sections 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 39-06-42 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.
3.A court may dismiss a charge under this section 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: H. B. NO. 1422 - PAGE 2
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.
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 H. B. NO. 1422 - PAGE 3
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
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 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". H. B. NO. 1422 - PAGE 4
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 H. B. NO. 1422 - PAGE 5
____________________________ ____________________________
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. 1422.
House Vote: Yeas 80 Nays 9 Absent 5
Senate Vote:Yeas 44 Nays 1 Absent 2
____________________________
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