25.1025.02000 Sixty-ninth Legislative Assembly of North Dakota Introduced by Senators Rummel, Klein, Cory Representatives Dressler, O'Brien A BILL for an Act to create and enact a new subdivision to subsection 2 of section 39-06.1-06, and a new section to chapter 39-21 of the North Dakota Century Code, relating to the use of an engine compression brake device; to amend and reenact section 39-06.1-09 of the North Dakota Century Code, relating to the definition of a moving violation; and to provide a penalty. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. 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 section 3 of this Act, a fee of fifty dollars. SECTION 2. 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, section 3 of this Act, section 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 3. A new section to chapter 39-21 of the North Dakota Century Code is created and enacted as follows: Page No. 1 25.1025.02000 SENATE BILL NO. 2253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Sixty-ninth Legislative Assembly E ngine compression brake device - Prohibited. 1.An operator of a motor vehicle may not use an e ngine compression brake device in a zone posted as prohibiting the use of an e ngine compression brake device . 2.Subsection 1 does not apply to the use of an e ngine compression brake device during an emergency situation. Page No. 2 25.1025.02000 1 2 3 4 5