25.0727.02000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senators Clemens, Conley
Representatives Koppelman, Marschall, VanWinkle
A BILL for an Act to amend and reenact subsection 3 of section 39-06.1-10 of the North Dakota
Century Code, relating to points assigned to driving records.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 3 of section 39-06.1-10 of the North Dakota
Century Code is amended and reenacted as follows:
3.Points must be assigned and accumulated on the basis of the following schedule:
a.Noncriminal Violations
Noncriminal Adjudication or Admission of: Points Assigned:
(1)Overtime and double parking in violation of city 0 points
ordinances
(2)Failure to display license plates 1 point
(3)Permitting unauthorized minor to drive 2 points
(4)Permitting unauthorized person to drive 2 points
(5)Unlawful stopping, standing, or parking on open 2 points
highway in violation of section 39-10-47
(6)Unlawful parking in prohibited place 1 point
(7)Leaving motor vehicle improperly unattended on 1 point
an open highway
(8)Opening or leaving motor vehicle doors open when 1 point
unsafe to do so
(9)Except as provided in sections 39-21-44 and 2 points
39-21-45.1, knowingly driving with defective,
Page No. 1 25.0727.02000
ENGROSSED SENATE BILL NO. 2243
FIRST ENGROSSMENT
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nonexistent, or unlawful equipment in violation of
section 39-21-46, or equivalent ordinances
(10)Careless driving in violation of section 39-09-01, or 6 points
equivalent ordinance
(11)Violating or exceeding restrictions contained in 4 points
a restricted certificate issued pursuant to section
39-06.1-03
(12)Racing or drag racing motor vehicles in violation 10 points
of section 39-08-03.1, or equivalent ordinance
(13)Exhibition driving in violation of section 39-08-03.1, or 3 points
equivalent ordinance
(14)Failing to yield right of way in violation of 2 points
section 39-10-20, 39-10-22 through 39-10-26,
39-10-28, 39-10-33.3, 39-10-44, or 39-10-72, or
equivalent ordinances
(15)Disobeying an official traffic-control device 23 points
in violation of section 39-10-04, 39-10-05, or
39-10-07, or equivalent ordinances
(16)Driving on wrong side of road in violation of 2 points
section 39-10-08, 39-10-14, or
subsection 1, or 2, or 3 of section 39-10-16, or
equivalent ordinances
(17)Failing to dim headlights in violation of section 1 point
39-21-21, or equivalent ordinance
(18)Failing to stop at railroad crossing in violation of section 3 points
39-10-41 or 39-10-42, or equivalent ordinances
(19)Knowingly driving with defective brakes in violation of 2 points
section 39-21-32 or 39-21-33, or equivalent ordinances
(20)Disregarding the lawful commands of a police officer in 2 points
violation of section 39-10-02, or equivalent ordinance
Page No. 2 25.0727.02000
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(21)Overtaking where prohibited or in an unsafe manner in 2 points
violation of section 39-10-11, or 39-10-12, 39-10-13, or
39-10-15, or equivalent ordinances
(22)Overtaking and passing a schoolbus in violation of 6 points
section 39-10-46, or equivalent ordinance
(23)Operating a motor vehicle without a license in 4 points
violation of section 39-06-01, or equivalent ordinance
(24)Improperly operating or unlawfully carrying 2 points
passengers or packages on a motorcycle in violation
of section 39-10.2-02, or equivalent ordinance
(25)Improperly operating a motorcycle in laned traffic in 2 points
violation of section 39-10.2-03, or equivalent ordinance
(26)Clinging to other vehicles while riding a motorcycle in 4 points
violation of section 39-10.2-04, or equivalent ordinance
(27)Carrying a passenger on a motorcycle not equipped 2 points
with passenger footrests in violation of section
39-10.2-05, or equivalent ordinance
(28)Operating a motorcycle without protective headgear 2 points
in violation of subsection 1 of section 39-10.2-06, or
equivalent ordinance
(29)Failing to use the care required in section 39-09-01.1, 23 points
or equivalent ordinance
(30)Except as provided in paragraph 33, operating a motor
vehicle in excess of speed limit in violation of section
39-09-02, or equivalent ordinance
6 - 10 mph over limit 0 points
11 - 15 mph over limit 1 point
16 - 20 mph over limit 3 points
21 - 25 mph over limit 5 points
26 - 35 mph over limit 9 points
Page No. 3 25.0727.02000
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36 - 45 mph over limit 12 points
46 + mph over limit 15 points
(31)Driving in violation of section 39-08-18 23 points
(32)Driving in violation of section 39-08-09 6 points
(33)On a highway on which the speed limit is posted in
excess of sixty-five miles [104.61 kilometers] an hour,
operating a motor vehicle in excess of the speed limit
in violation of section 39-09-02, or equivalent ordinance
Miles per hour over lawful speed limit Points
1 - 5 0
6 - 10 1
11 - 15 3
16 - 20 5
21 - 25 7
26 - 30 10
31 - 35 12
36 + 15
(34)Failing to have a minor in a child restraint system 13 point
or seatbelt in violation of section 39-21-41.2
(35)Failure or refusal to comply with rules of the 0 points
superintendent of the highway patrol in violation
of subsection 3 of section 39-21-46
(36)Violation of section 39-21-44 or any rule adopted 2 points
under that section
(37)Except as provided in paragraph 39, operating a motor 6 points
vehicle without liability insurance, in violation of
section 39-08-20
(38)Except as provided in paragraph 39, operating a motor 12 points
vehicle without liability insurance, in violation of
section 39-08-20, if the driving record shows that the
Page No. 4 25.0727.02000
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licensee has within the eighteen months preceding the
violation previously violated section 39-08-20
(39)Operating a motor vehicle without liability insurance, 14 points
in violation of section 39-08-20, if the violation was
discovered as the result of investigation of an accident
in which the driver is the owner
(40)Driving a modified motor vehicle in violation of section 1 point
39-21-45.1, or equivalent ordinance
(41)Driving in violation of the conditions of 2 points
an instructional permit.
(42)Using a wireless communications device 3 points
in violation of section 39 - 08-23 or
39 - 08 - 24, or equivalent ordinance
(43)Failure to maintain control of a motor vehicle while distracted 3 points
in violation of section 39 - 08 - 25
(44)Overtaking where prohibited or in an unsafe manner in 3 points
violation of section 39 - 10 - 13 or 39 - 10 - 15, or
equivalent ordinances
(45)Driving on the wrong side of the road in violation of 3 points
subsection 3 of section 39 - 10 - 16, or
equivalent ordinances
(46)Following too close in violation of 3 points
subsection 1 of section 39 - 10 - 18, or
equivalent ordinance
(47)Driving on a closed road during hazardous conditions, 3 points
when closure was announced, in violation
of section 39 - 10 - 21.1, or equivalent ordinance
(48)Failing to yield the right of way in violation 3 points
of section 39 - 10 - 22 through 39 - 10 - 26,
39 - 10 - 26.3, 39 - 10 - 28, or 39 - 10 - 33.3, or equivalent ordinance
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(49)Disregarding stop sign in violation of section 3 points
39 - 10 - 44, or equivalent ordinance.
b.Criminal Violations
Conviction of: Points Assigned:
(1)Reckless driving in violation of section 39-08-03, or 8 points
equivalent ordinance
(2)Aggravated reckless driving in violation of section 12 points
39-08-03, or equivalent ordinance
(3)Leaving the scene of an accident involving property 14 points
damage in violation of section 39-08-05, 39-08-07,
or 39-08-08, or equivalent ordinances
(4)Leaving the scene of an accident involving personal 18 points
injury or death in violation of section 39-08-04, or
equivalent ordinance
(5)Violating restrictions in a restricted license issued 3 points
under section 39-06-17 and relating to the use of
eyeglasses or contact lenses while driving
(6)Violating any restrictions other than those listed in 4 points
paragraph 5, contained in a restricted license issued
under section 39-06-17 or 39-06.1-11
(7)Except as provided in paragraph 9 of subdivision a, 23 points
knowingly operating an unsafe vehicle in violation of
section 39-21-46, or equivalent ordinance
(8)Fleeing in a motor vehicle from a peace officer in 24 points
violation of section 39-10-71, or equivalent ordinance
(9)Causing an accident with an authorized emergency 2 points
vehicle or a vehicle operated by or under the control
of the director used for maintaining the state highway
system in violation of subsection 5 of section 39-10-26,
or equivalent ordinance
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