Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2253
(Senators Rummel, Klein, Cory)
(Representatives Dressler, O'Brien)
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.
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. S. B. NO. 2253 - PAGE 2
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2253.
Senate Vote:Yeas 36 Nays 11 Absent 0
House Vote: Yeas 54 Nays 40 Absent 0
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State