25.1025.03000
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 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,
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.
Page No. 1 25.1025.03000
SENATE BILL NO. 2253
SENATE BILL NO. 2253
with House Amendments
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22 Sixty-ninth
Legislative Assembly
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.
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