25.1025.02001
Title.03000
Adopted by the House Transportation
Committee
Sixty-ninth
March 14, 2025
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 and cities and counties posting a zone prohibiting 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,
Page No. 1 25.1025.02001
SENATE BILL NO. 2253
PROPOSED AMENDMENTS TO
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20 Sixty-ninth
Legislative Assembly
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:
E ngine compression brake device - Prohibited - Posting .
1.An operator of a commercial motor vehicle may not use an engine compression brake
device that creates a noise disturbance in a zone posted as prohibiting the use of an
engine compression brake device.
2.Subsection 1 does not apply to the use of an engine compression brake device during
an emergency situation.
3. A city or county may adopt an ordinance prohibiting the use of an engine compression
brake device in a designated zone and may post the prohibition in the designated
zone .
Page No. 2 25.1025.02001
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