25.0727.02001
Title.03000
Adopted by the House Transportation
Committee
Sixty-ninth
March 27, 2025
Legislative Assembly
of North Dakota
Introduced by
Senators Clemens, Conley
Representatives Koppelman, Marschall, VanWinkle
A BILL for an Act to amend and reenact subsectionsection 39-06.1-06, subsections 1 and 3 of
section 39-06.1-10, and sections 40-05-06, and 40-11-12 of the North Dakota Century Code,
relating to the amount of statutory fees, entries against a driving record, points assigned to
driving records, limitations on city fines and penalties, and commitment of a guilty person for
nonpayment of fines or costs.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. 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 39-06.1-02 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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ENGROSSED SENATE BILL NO. 2243
FIRST ENGROSSMENT
PROPOSED AMENDMENTS TO
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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]of sixty-five miles [104.61 kilometers] an hour or lower, 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
6.5.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.
7.6.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.
8.7.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.
9.8.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".
9. If a violation of subsection 4, 6, 7, or 8 is for exceeding the speed limit by twenty-one
miles [33.8 kilometers] per hour or more in a speed zone of less than seventy-five
miles [120.7 kilometers] per hour, the specified fee is increased by one hundred
dollars. If a violation of subsection 6 is for exceeding the speed limit by sixteen miles
[25.75 kilometers] per hour or more in a speed zone of seventy-five miles [120.7
kilometers] per hour or greater, the specified fee is increased by one hundred dollars.
SECTION 2. AMENDMENT. Subsection 1 of section 39-06.1-10 of the North Dakota
Century Code is amended and reenacted as follows:
1.If a report of a conviction of a traffic offense, or admission or adjudication of a traffic
violation is received by the director, the director shall proceed to enter the proper
points on the licensee's driving record, unless the points assigned to the violation are
two or less. If the points assigned to the violation are two or less, the violation and
points may not be entered on the driving record but must be recorded separately, and
the separate record is not available to the public. Points from a violation in which the
points are two or less are considered a part of the driving record for the sole purpose
of point reduction under section 39-06.1-13 and for purposes of license suspension. If
the driving record shows that the licensee has accumulated a total of twelve or more
points, assigned on the basis of the schedule contained in subsection 3, the director
shall notify the licensee of the director's intention to suspend the operator's license
under section 39-06-33. For the purposes of this chapter, the director also may receive
and act on reports of traffic offense convictions forwarded by federal, military, and
tribal courts in this state.
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SECTION 3. 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,
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
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(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
(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
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(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
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)(32)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 10
11 - 15 3
16 - 20 5
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36 + 15
(34)(33)Failing to have a minor in a child restraint system1 point3 points
or seatbelt in violation of section 39-21-41.2
(35)(34)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)(35)Violation of section 39-21-44 or any rule adopted 2 points
under that section
(37)(36)Except as provided in paragraph 39, operating a motor 6 points
vehicle without liability insurance, in violation of
section 39-08-20
(38)(37)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
licensee has within the eighteen months preceding the
violation previously violated section 39-08-20
(39)(38)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)(39)Driving a modified motor vehicle in violation of section 1 point
39-21-45.1, or equivalent ordinance
(41)(40)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
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(43) (41) Failure to maintain control of a motor vehicle while distracted 3 points 1 point
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) ( 42 ) Following too close in violation of 3 points 1 point
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
(49) Disregarding stop sign in violation of section 3 points
39 - 10 - 44, or equivalent ordinance. , which results in an accident involving
another vehicle
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
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(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
SECTION 4. AMENDMENT. Section 40-05-06 of the North Dakota Century Code is
amended and reenacted as follows:
40-05-06. City fines and penalties limited.
1.Except as provided in subsectionssubsection 2 and 3, the fine or penalty for the
violation of any ordinance, resolution, or regulation of a city may not exceed one
thousand five hundred dollars, and the imprisonment may not exceed thirty days for
one offense.
2.For every violation of a city ordinance that regulates the operation or equipment of a
motor vehicle or which regulates traffic, except those ordinances listed in section
39-06.1-05, a fee may be established, by ordinance, which may exceed, by up to one
hundred percent, the limit, for an equivalent category of violation, set forth in section
39-06.1-06.
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3.For every violation of a city ordinance enforcing the requirements of title 40, Code of
Federal Regulations, section 403 relating to publicly owned treatment works, or
prohibiting shoplifting, vandalism, criminal mischief, or malicious mischief, the penalty
may not exceed a fine of one thousand five hundred dollars, imprisonment for thirty
days, or both such fine and imprisonment.
4.3.This section does not prohibit the use of the sentencing alternatives, other than a fine
or imprisonment, provided by section 12.1-32-02 for the violation of a city ordinance,
nor does this section limit the use of deferred or suspended sentences under
subsections 3 and 4 of section 12.1-32-02.
SECTION 5. AMENDMENT. Section 40-11-12 of the North Dakota Century Code is
amended and reenacted as follows:
40-11-12. Commitment of guilty person for nonpayment of fines or costs.
Any person upon whom any fine or costs, or both, has been imposed for violation of a
municipal ordinance may, after hearing, be committed upon order of the court to jail or other
place provided by the municipality for the incarceration of offenders until the fine or costs, or
both, are fully paid or discharged by labor as provided in section 40-18-12. The court may not
commit a person under this section when the sole reason for the person's nonpayment of fines
or costs, or both, is the person's indigency. An order of commitment under this section shall not
be for a period in excess of thirty days. As used in this section, "fine" does not include a fee
established pursuant to subsection 2 of section 40-05-06.
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