CHAPTER 39-29OFF-HIGHWAY VEHICLES39-29-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Dealer" means any person engaged in the business of buying, selling, or<br>exchanging off-highway vehicles or who advertises, or holds out to the public as<br>engaged in the buying, selling, or exchanging of off-highway vehicles, or who<br>engages in the buying of off-highway vehicles for resale.2."Off-highway vehicle" means any wheeled motorized vehicle not designed for use on<br>a highway and capable of cross-country travel on land, snow, ice, marsh,<br>swampland, or other natural terrain. An off-highway vehicle must be classified into<br>one of the following categories:a.Class I off-highway vehicle is a vehicle that does not qualify as road capable<br>under chapters 39-21 and 39-27, has a seat or a saddle designed to be<br>straddled by the operator, and has handlebars for steering control of two<br>wheels.b.Class II off-highway vehicle is less than fifty inches [1270.00 millimeters] in<br>width, travels on three or more low-pressure tires, has a saddle designed to be<br>straddled by the operator, and has handlebars for steering control.c.Class III off-highway vehicle weighs less than eight thousand pounds, travels<br>on four or more tires, has a seat and a wheel for steering control, and is<br>designated for or capable of cross-country on or over land, water, sand, snow,<br>ice, marsh, swampland, or other natural terrain, unless registered by the<br>department under chapter 39-04.3."Operate" means to ride in or on and control the operation of an off-highway vehicle.4."Operator" means an individual who operates or is in actual physical control of an<br>off-highway vehicle.5."Owner" means a person, other than a lienholder, having the property in or title to an<br>off-highway vehicle and entitled to its use or possession.6."Register" means the act of assigning a registration number to an off-highway<br>vehicle.39-29-01.1. Safety fee - Imposition - Collection by dealer - Payment to department -Use of fee. Upon the sale of a new or used off-highway vehicle, a dealer shall collect a five<br>dollar safety fee from the buyer. By the end of each calendar quarter, the dealer shall file a<br>report with the parks and recreation department which discloses the number of off-highway<br>vehicles sold the previous months and includes the fees collected from the buyer. Fees imposed<br>under this section must be deposited in the off-highway vehicle fund established under section<br>39-29-05. The fees may be used only by the parks and recreation department and only for<br>off-highway vehicle safety education and promotion. The parks and recreation department shall<br>report to the director within thirty days of the end of each calendar quarter the motor-powered<br>recreational vehicle dealers that submitted a safety fee report and the number of vehicles sold,<br>and shall identify every dealer not collecting or transmitting the safety fee.39-29-02. Off-highway vehicle registration. Except as provided in this chapter, anindividual may not operate an off-highway vehicle unless it has been registered under this<br>chapter.39-29-03. Registration - Application - Issuance - Fees - Renewal.Page No. 11.Application for registration must be made to the department of transportation in the<br>form the department prescribes and furnishes. The registration must state the name<br>and address of every owner of the off-highway vehicle and be signed by at least one<br>owner. A copy of the application is evidence of registration for the first thirty days<br>after the date of application.2.On receipt of an application and the appropriate fee, the department shall register<br>the off-highway vehicle and assign a registration number and a certificate of<br>registration. In addition, the department shall issue a decal made of reflectorized<br>material which contains the registration number or the department shall issue one<br>distinctive number plate upon the request of the owner.The operator of anoff-highway vehicle shall securely affix and display the decal or the plate in a position<br>as to provide clear legibility for identification. The certificate of registration must<br>include information regarding the make, year, serial number, and name and address<br>of the owner.3.The fee for registration of each off-highway vehicle is five dollars for a registration<br>period of two years.For a duplicate or replacement registration number orregistration card which is lost, mutilated, or becomes illegible, the department may<br>charge a fee of not more than five dollars. For each off-highway vehicle registered<br>under this chapter, there is an off-highway vehicle trail tax of fifteen dollars.4.The owner of an off-highway vehicle shall renew the registration in the manner the<br>department prescribes and pay the registration fees and applicable tax provided in<br>subsection 3.5.On application for registration as prescribed in subsection 2, and on payment of the<br>amounts prescribed in subsection 3, an off-highway vehicle dealer is entitled to be<br>issued registration numbers distinctively marked as dealer's registration numbers.<br>The dealer's registration numbers may be used only on off-highway vehicles owned<br>by the dealership.39-29-04. Exemption from registration - Exemption from fees.1.Registration and payment of fees is not required of:a.Off-highway vehicles owned and used by the United States or another state or<br>its political subdivisions.b.Off-highway vehicles registered in a foreign country and temporarily used in this<br>state.c.Off-highway vehicles validly licensed in another state and which have not been<br>within this state for more than thirty consecutive days.d.Off-highway vehicles used exclusively on private lands.e.Off-highway vehicles used exclusively in organized track racing events.2.Off-highway vehicles owned by the state or any of its political subdivisions are<br>exempt from the registration fees in section 39-29-03.39-29-05. Disposition of registration fees and trail tax.1.Fees from registration of off-highway vehicles must be deposited with the state<br>treasurer and credited to the highway tax distribution fund.2.The off-highway vehicle trail tax must be deposited in the off-highway vehicle fund in<br>the state treasury. The parks and recreation department may, on appropriation byPage No. 2the legislative assembly, expend from that fund moneys for establishing off-highway<br>vehicle facilities, use areas, and safety and education programs, and on<br>enforcement of this chapter. The department may also use the fund to make grants<br>to political subdivisions, governmental agencies, and nonprofit organizations for the<br>purpose of developing and improving off-highway vehicle facilities and use areas<br>and on promoting off-highway vehicle safety and education. The department may<br>also use the fund to make grants to law enforcement agencies for the purpose of<br>enforcing laws applicable to off-highway vehicles and to the use of off-highway<br>vehicle facilities and use areas.39-29-06. Transfer or termination of off-highway vehicle ownership - Change ofaddress of owner.Within fifteen days after the transfer of any ownership interest in anoff-highway vehicle, other than a security interest, or the destruction or abandonment of any<br>off-highway vehicle, or a change of address of the owner as listed with the application for<br>registration, written notice of the fact must be given by the new owner to the director in the form<br>the director requires.39-29-07. Licensing by political subdivisions. Political subdivisions of this state maynot require licensing or registration of off-highway vehicles.39-29-08. Rules.1.The department shall adopt rules for the registration of off-highway vehicles and<br>display of registration numbers.2.The director, in the interest of public health, welfare, and safety, may regulate, by<br>rule, the operation of off-highway vehicles on state highways.The director'sauthority to prohibit the use of off-highway vehicles is limited to the roadways,<br>shoulders, inslopes, and medians within the right of way, except where such action<br>is necessary to avoid an obstacle. Notwithstanding the racing prohibitions in section<br>39-08-03.1, the director may, on a case-by-case basis, permit organized and bona<br>fide off-highway vehicle races on the ditch bottoms, backslopes, and the top of the<br>backslopes of the state highway rights of way. The planning, organization, route<br>selection, and safety precautions of any race are the sole responsibility of the person<br>obtaining the permit. The director, the department, and the department's employees<br>do not incur any liability for permitting races.3.The director of the parks and recreation department shall adopt rules to regulate use<br>of off-highway vehicles in state parks and other state-owned land under the<br>supervision of the director of the parks and recreation department.4.The governing bodies of political subdivisions may adopt rules to regulate use of<br>off-highway vehicles in areas under their jurisdiction. The governing body of a city<br>may, by ordinance, regulate, restrict, and prohibit the use of off-highway vehicles<br>operated in the city limits in areas under the exclusive jurisdiction of the city.39-29-09. Operation of off-highway vehicles.1.An individual may not operate an off-highway vehicle on the roadway, shoulder, or<br>inside bank or slope of any road, street, or highway except as provided in this<br>chapter.Except in emergencies, an individual may not operate an off-highwayvehicle within the right of way of any controlled-access highway. An individual may<br>operate a registered off-highway vehicle on a gravel, dirt, or loose surface roadway.<br>An individual may operate a registered off-highway vehicle on a paved highway<br>designated and posted at a speed not exceeding fifty-five miles [88.51 kilometers]<br>per hour. A licensed driver over sixteen years of age may operate a registered<br>class III off-highway vehicle on a paved highway designated and posted at a speed<br>not exceeding sixty-five miles [104.61 kilometers] per hour.Page No. 32.The operator of an off-highway vehicle may make a direct crossing of a street or<br>highway only if:a.The crossing is made at an angle of approximately ninety degrees to the<br>direction of the highway and at a place where no obstruction prevents a quick<br>and safe crossing;b.The off-highway vehicle is brought to a complete stop before crossing the<br>shoulder or main traveled way of the highway;c.The operator yields the right of way to all oncoming traffic which constitutes an<br>immediate hazard; andd.In crossing a divided highway, the crossing is made only at an intersection of<br>the highway with another public street or highway.3.Unless an individual is operating a class I off-highway vehicle, an individual may not<br>operate an off-highway vehicle unless it is equipped with at least one headlamp, one<br>taillamp, and brakes, all in working order, which conform to standards prescribed by<br>rule of the director, except when under the direct supervision of an off-highway<br>vehicle instructor teaching a certified off-highway vehicle safety training course, the<br>requirement for a headlamp and taillamp may be waived.4.The emergency conditions under which an off-highway vehicle may be operated<br>other than as provided by this chapter are only those that render the use of an<br>automobile impractical under the conditions and at the time and location in question.5.An individual may not operate an off-highway vehicle in the following ways, which<br>are declared to be unsafe and a public nuisance:a.At a rate of speed greater than reasonable or proper under all the surrounding<br>circumstances.b.In a careless, reckless, or negligent manner so as to endanger the person or<br>property of another or to cause injury or damage to another person or the<br>property of another person.c.While under the influence of intoxicating liquor or a controlled substance.d.Without a lighted headlamp and taillamp except when used by an off-highway<br>vehicle instructor during a certified off-highway vehicle safety training course.e.In any tree nursery or planting in a manner that damages growing stock.f.Without a manufacturer-installed or equivalent muffler in good working order<br>and connected to the off-highway vehicle's exhaust system.g.On any private land where the private land is posted prohibiting trespassing.<br>The name and address of the person posting the land and the date of posting<br>must appear on each sign in legible characters. The posted signs must be<br>readable from outside the land and be placed conspicuously at a distance of<br>not more than eight hundred eighty yards [804.68 meters] apart. Land entirely<br>enclosed by a fence or other enclosure is sufficiently posted by posting of these<br>signs at or on all gates through the fence or enclosure.6.Except as provided in section 39-29-10, an individual may not operate an<br>off-highway vehicle without having in possession a valid driver's license or permit.Page No. 47.When an off-highway vehicle is operated within the right of way of any road, street,<br>or highway, during times or conditions that warrant the use of lights by other motor<br>vehicles, the off-highway vehicle must be operated in the same direction as the<br>direction of other motor vehicles traveling on the side of the roadway immediately<br>adjacent to the side of the right of way traveled by the off-highway vehicle.8.An individual may not operate an off-highway vehicle within the right of way of any<br>highway while towing a sled, skid, or other vehicle, unless the object towed is<br>connected to the off-highway vehicle by a hinged swivel and secure hitch.9.An individual under the age of eighteen years may not operate, ride, or otherwise be<br>propelled on an off-highway vehicle unless the person wears a safety helmet<br>meeting United States department of transportation standards.10.An operator of an off-highway vehicle may not carry a passenger while operating the<br>vehicle unless the off-highway vehicle is equipped and recommended by the<br>manufacturer to carry a passenger and the passenger is carried as recommended<br>by the manufacturer.11.Unless otherwise provided by law, an off-highway vehicle may be operated on an<br>aggregate road surface only when designated as part of an active off-highway<br>vehicle trail by the managing entity.12.A person who is performing pest control or survey work for a political subdivision<br>may operate an all-terrain vehicle on the bottom, backslope, inside slope, and<br>shoulder of a highway other than a controlled-access highway.39-29-09.1. Equipment.To operate an off-highway vehicle on a paved highway orgravel, dirt, or loose surface roadway under subsection 1 of section 39-29-09, the off-highway<br>vehicle must be equipped with a mirror in compliance with section 39-27-09, a horn in<br>compliance with section 39-27-15, a speedometer and odometer in compliance with section<br>39-27-16, a brake light, a lighted headlamp in compliance with section 39-27-17.1, and a motor<br>of at least three hundred fifty cubic centimeters.39-29-10. Operation by persons under age sixteen. Except as otherwise provided inthis section, an individual under sixteen years of age who is not in possession of a valid<br>operator's license or permit to operate an off-highway vehicle may not, except upon the lands of<br>the individual's parent or guardian or as a participant in an organized sporting event that involves<br>the use of off-highway vehicles, operate an off-highway vehicle. An individual at least twelve<br>years of age may operate an off-highway vehicle if the individual has completed an off-highway<br>vehicle safety training course prescribed by the director of the parks and recreation department<br>and has received the appropriate off-highway vehicle safety certificate issued by the director of<br>the department of transportation. The failure of an operator to exhibit an off-highway vehicle<br>safety certificate on demand to any official authorized to enforce this chapter is presumptive<br>evidence that that person does not hold a certificate.Fees collected from each individualreceiving certification must be deposited in the off-highway vehicle trail tax fund for off-highway<br>vehicle safety education and training programs.39-29-11.Enforcement.Only peace officers of this state and their respective dulyauthorized representatives may enforce this chapter.39-29-12.Penalties.Violation of subdivision b, c, or g of subsection 5 of section39-29-09 is a class B misdemeanor. Violation of any other provision of section 39-29-09 is an<br>infraction for which a fee of twenty dollars must be assessed. Violation of section 39-29-02 is an<br>infraction, for which a fee of fifty dollars must be assessed. If the individual provides proof of<br>registration since the violation, the fee may be reduced by one-half.Violation of any otherprovision of this chapter is an infraction, for which a fee of ten dollars must be assessed.Page No. 5Document Outlinechapter 39-29 off-highway vehicles
CHAPTER 39-29OFF-HIGHWAY VEHICLES39-29-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Dealer" means any person engaged in the business of buying, selling, or<br>exchanging off-highway vehicles or who advertises, or holds out to the public as<br>engaged in the buying, selling, or exchanging of off-highway vehicles, or who<br>engages in the buying of off-highway vehicles for resale.2."Off-highway vehicle" means any wheeled motorized vehicle not designed for use on<br>a highway and capable of cross-country travel on land, snow, ice, marsh,<br>swampland, or other natural terrain. An off-highway vehicle must be classified into<br>one of the following categories:a.Class I off-highway vehicle is a vehicle that does not qualify as road capable<br>under chapters 39-21 and 39-27, has a seat or a saddle designed to be<br>straddled by the operator, and has handlebars for steering control of two<br>wheels.b.Class II off-highway vehicle is less than fifty inches [1270.00 millimeters] in<br>width, travels on three or more low-pressure tires, has a saddle designed to be<br>straddled by the operator, and has handlebars for steering control.c.Class III off-highway vehicle weighs less than eight thousand pounds, travels<br>on four or more tires, has a seat and a wheel for steering control, and is<br>designated for or capable of cross-country on or over land, water, sand, snow,<br>ice, marsh, swampland, or other natural terrain, unless registered by the<br>department under chapter 39-04.3."Operate" means to ride in or on and control the operation of an off-highway vehicle.4."Operator" means an individual who operates or is in actual physical control of an<br>off-highway vehicle.5."Owner" means a person, other than a lienholder, having the property in or title to an<br>off-highway vehicle and entitled to its use or possession.6."Register" means the act of assigning a registration number to an off-highway<br>vehicle.39-29-01.1. Safety fee - Imposition - Collection by dealer - Payment to department -Use of fee. Upon the sale of a new or used off-highway vehicle, a dealer shall collect a five<br>dollar safety fee from the buyer. By the end of each calendar quarter, the dealer shall file a<br>report with the parks and recreation department which discloses the number of off-highway<br>vehicles sold the previous months and includes the fees collected from the buyer. Fees imposed<br>under this section must be deposited in the off-highway vehicle fund established under section<br>39-29-05. The fees may be used only by the parks and recreation department and only for<br>off-highway vehicle safety education and promotion. The parks and recreation department shall<br>report to the director within thirty days of the end of each calendar quarter the motor-powered<br>recreational vehicle dealers that submitted a safety fee report and the number of vehicles sold,<br>and shall identify every dealer not collecting or transmitting the safety fee.39-29-02. Off-highway vehicle registration. Except as provided in this chapter, anindividual may not operate an off-highway vehicle unless it has been registered under this<br>chapter.39-29-03. Registration - Application - Issuance - Fees - Renewal.Page No. 11.Application for registration must be made to the department of transportation in the<br>form the department prescribes and furnishes. The registration must state the name<br>and address of every owner of the off-highway vehicle and be signed by at least one<br>owner. A copy of the application is evidence of registration for the first thirty days<br>after the date of application.2.On receipt of an application and the appropriate fee, the department shall register<br>the off-highway vehicle and assign a registration number and a certificate of<br>registration. In addition, the department shall issue a decal made of reflectorized<br>material which contains the registration number or the department shall issue one<br>distinctive number plate upon the request of the owner.The operator of anoff-highway vehicle shall securely affix and display the decal or the plate in a position<br>as to provide clear legibility for identification. The certificate of registration must<br>include information regarding the make, year, serial number, and name and address<br>of the owner.3.The fee for registration of each off-highway vehicle is five dollars for a registration<br>period of two years.For a duplicate or replacement registration number orregistration card which is lost, mutilated, or becomes illegible, the department may<br>charge a fee of not more than five dollars. For each off-highway vehicle registered<br>under this chapter, there is an off-highway vehicle trail tax of fifteen dollars.4.The owner of an off-highway vehicle shall renew the registration in the manner the<br>department prescribes and pay the registration fees and applicable tax provided in<br>subsection 3.5.On application for registration as prescribed in subsection 2, and on payment of the<br>amounts prescribed in subsection 3, an off-highway vehicle dealer is entitled to be<br>issued registration numbers distinctively marked as dealer's registration numbers.<br>The dealer's registration numbers may be used only on off-highway vehicles owned<br>by the dealership.39-29-04. Exemption from registration - Exemption from fees.1.Registration and payment of fees is not required of:a.Off-highway vehicles owned and used by the United States or another state or<br>its political subdivisions.b.Off-highway vehicles registered in a foreign country and temporarily used in this<br>state.c.Off-highway vehicles validly licensed in another state and which have not been<br>within this state for more than thirty consecutive days.d.Off-highway vehicles used exclusively on private lands.e.Off-highway vehicles used exclusively in organized track racing events.2.Off-highway vehicles owned by the state or any of its political subdivisions are<br>exempt from the registration fees in section 39-29-03.39-29-05. Disposition of registration fees and trail tax.1.Fees from registration of off-highway vehicles must be deposited with the state<br>treasurer and credited to the highway tax distribution fund.2.The off-highway vehicle trail tax must be deposited in the off-highway vehicle fund in<br>the state treasury. The parks and recreation department may, on appropriation byPage No. 2the legislative assembly, expend from that fund moneys for establishing off-highway<br>vehicle facilities, use areas, and safety and education programs, and on<br>enforcement of this chapter. The department may also use the fund to make grants<br>to political subdivisions, governmental agencies, and nonprofit organizations for the<br>purpose of developing and improving off-highway vehicle facilities and use areas<br>and on promoting off-highway vehicle safety and education. The department may<br>also use the fund to make grants to law enforcement agencies for the purpose of<br>enforcing laws applicable to off-highway vehicles and to the use of off-highway<br>vehicle facilities and use areas.39-29-06. Transfer or termination of off-highway vehicle ownership - Change ofaddress of owner.Within fifteen days after the transfer of any ownership interest in anoff-highway vehicle, other than a security interest, or the destruction or abandonment of any<br>off-highway vehicle, or a change of address of the owner as listed with the application for<br>registration, written notice of the fact must be given by the new owner to the director in the form<br>the director requires.39-29-07. Licensing by political subdivisions. Political subdivisions of this state maynot require licensing or registration of off-highway vehicles.39-29-08. Rules.1.The department shall adopt rules for the registration of off-highway vehicles and<br>display of registration numbers.2.The director, in the interest of public health, welfare, and safety, may regulate, by<br>rule, the operation of off-highway vehicles on state highways.The director'sauthority to prohibit the use of off-highway vehicles is limited to the roadways,<br>shoulders, inslopes, and medians within the right of way, except where such action<br>is necessary to avoid an obstacle. Notwithstanding the racing prohibitions in section<br>39-08-03.1, the director may, on a case-by-case basis, permit organized and bona<br>fide off-highway vehicle races on the ditch bottoms, backslopes, and the top of the<br>backslopes of the state highway rights of way. The planning, organization, route<br>selection, and safety precautions of any race are the sole responsibility of the person<br>obtaining the permit. The director, the department, and the department's employees<br>do not incur any liability for permitting races.3.The director of the parks and recreation department shall adopt rules to regulate use<br>of off-highway vehicles in state parks and other state-owned land under the<br>supervision of the director of the parks and recreation department.4.The governing bodies of political subdivisions may adopt rules to regulate use of<br>off-highway vehicles in areas under their jurisdiction. The governing body of a city<br>may, by ordinance, regulate, restrict, and prohibit the use of off-highway vehicles<br>operated in the city limits in areas under the exclusive jurisdiction of the city.39-29-09. Operation of off-highway vehicles.1.An individual may not operate an off-highway vehicle on the roadway, shoulder, or<br>inside bank or slope of any road, street, or highway except as provided in this<br>chapter.Except in emergencies, an individual may not operate an off-highwayvehicle within the right of way of any controlled-access highway. An individual may<br>operate a registered off-highway vehicle on a gravel, dirt, or loose surface roadway.<br>An individual may operate a registered off-highway vehicle on a paved highway<br>designated and posted at a speed not exceeding fifty-five miles [88.51 kilometers]<br>per hour. A licensed driver over sixteen years of age may operate a registered<br>class III off-highway vehicle on a paved highway designated and posted at a speed<br>not exceeding sixty-five miles [104.61 kilometers] per hour.Page No. 32.The operator of an off-highway vehicle may make a direct crossing of a street or<br>highway only if:a.The crossing is made at an angle of approximately ninety degrees to the<br>direction of the highway and at a place where no obstruction prevents a quick<br>and safe crossing;b.The off-highway vehicle is brought to a complete stop before crossing the<br>shoulder or main traveled way of the highway;c.The operator yields the right of way to all oncoming traffic which constitutes an<br>immediate hazard; andd.In crossing a divided highway, the crossing is made only at an intersection of<br>the highway with another public street or highway.3.Unless an individual is operating a class I off-highway vehicle, an individual may not<br>operate an off-highway vehicle unless it is equipped with at least one headlamp, one<br>taillamp, and brakes, all in working order, which conform to standards prescribed by<br>rule of the director, except when under the direct supervision of an off-highway<br>vehicle instructor teaching a certified off-highway vehicle safety training course, the<br>requirement for a headlamp and taillamp may be waived.4.The emergency conditions under which an off-highway vehicle may be operated<br>other than as provided by this chapter are only those that render the use of an<br>automobile impractical under the conditions and at the time and location in question.5.An individual may not operate an off-highway vehicle in the following ways, which<br>are declared to be unsafe and a public nuisance:a.At a rate of speed greater than reasonable or proper under all the surrounding<br>circumstances.b.In a careless, reckless, or negligent manner so as to endanger the person or<br>property of another or to cause injury or damage to another person or the<br>property of another person.c.While under the influence of intoxicating liquor or a controlled substance.d.Without a lighted headlamp and taillamp except when used by an off-highway<br>vehicle instructor during a certified off-highway vehicle safety training course.e.In any tree nursery or planting in a manner that damages growing stock.f.Without a manufacturer-installed or equivalent muffler in good working order<br>and connected to the off-highway vehicle's exhaust system.g.On any private land where the private land is posted prohibiting trespassing.<br>The name and address of the person posting the land and the date of posting<br>must appear on each sign in legible characters. The posted signs must be<br>readable from outside the land and be placed conspicuously at a distance of<br>not more than eight hundred eighty yards [804.68 meters] apart. Land entirely<br>enclosed by a fence or other enclosure is sufficiently posted by posting of these<br>signs at or on all gates through the fence or enclosure.6.Except as provided in section 39-29-10, an individual may not operate an<br>off-highway vehicle without having in possession a valid driver's license or permit.Page No. 47.When an off-highway vehicle is operated within the right of way of any road, street,<br>or highway, during times or conditions that warrant the use of lights by other motor<br>vehicles, the off-highway vehicle must be operated in the same direction as the<br>direction of other motor vehicles traveling on the side of the roadway immediately<br>adjacent to the side of the right of way traveled by the off-highway vehicle.8.An individual may not operate an off-highway vehicle within the right of way of any<br>highway while towing a sled, skid, or other vehicle, unless the object towed is<br>connected to the off-highway vehicle by a hinged swivel and secure hitch.9.An individual under the age of eighteen years may not operate, ride, or otherwise be<br>propelled on an off-highway vehicle unless the person wears a safety helmet<br>meeting United States department of transportation standards.10.An operator of an off-highway vehicle may not carry a passenger while operating the<br>vehicle unless the off-highway vehicle is equipped and recommended by the<br>manufacturer to carry a passenger and the passenger is carried as recommended<br>by the manufacturer.11.Unless otherwise provided by law, an off-highway vehicle may be operated on an<br>aggregate road surface only when designated as part of an active off-highway<br>vehicle trail by the managing entity.12.A person who is performing pest control or survey work for a political subdivision<br>may operate an all-terrain vehicle on the bottom, backslope, inside slope, and<br>shoulder of a highway other than a controlled-access highway.39-29-09.1. Equipment.To operate an off-highway vehicle on a paved highway orgravel, dirt, or loose surface roadway under subsection 1 of section 39-29-09, the off-highway<br>vehicle must be equipped with a mirror in compliance with section 39-27-09, a horn in<br>compliance with section 39-27-15, a speedometer and odometer in compliance with section<br>39-27-16, a brake light, a lighted headlamp in compliance with section 39-27-17.1, and a motor<br>of at least three hundred fifty cubic centimeters.39-29-10. Operation by persons under age sixteen. Except as otherwise provided inthis section, an individual under sixteen years of age who is not in possession of a valid<br>operator's license or permit to operate an off-highway vehicle may not, except upon the lands of<br>the individual's parent or guardian or as a participant in an organized sporting event that involves<br>the use of off-highway vehicles, operate an off-highway vehicle. An individual at least twelve<br>years of age may operate an off-highway vehicle if the individual has completed an off-highway<br>vehicle safety training course prescribed by the director of the parks and recreation department<br>and has received the appropriate off-highway vehicle safety certificate issued by the director of<br>the department of transportation. The failure of an operator to exhibit an off-highway vehicle<br>safety certificate on demand to any official authorized to enforce this chapter is presumptive<br>evidence that that person does not hold a certificate.Fees collected from each individualreceiving certification must be deposited in the off-highway vehicle trail tax fund for off-highway<br>vehicle safety education and training programs.39-29-11.Enforcement.Only peace officers of this state and their respective dulyauthorized representatives may enforce this chapter.39-29-12.Penalties.Violation of subdivision b, c, or g of subsection 5 of section39-29-09 is a class B misdemeanor. Violation of any other provision of section 39-29-09 is an<br>infraction for which a fee of twenty dollars must be assessed. Violation of section 39-29-02 is an<br>infraction, for which a fee of fifty dollars must be assessed. If the individual provides proof of<br>registration since the violation, the fee may be reduced by one-half.Violation of any otherprovision of this chapter is an infraction, for which a fee of ten dollars must be assessed.Page No. 5Document Outlinechapter 39-29 off-highway vehicles
CHAPTER 39-29OFF-HIGHWAY VEHICLES39-29-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Dealer" means any person engaged in the business of buying, selling, or<br>exchanging off-highway vehicles or who advertises, or holds out to the public as<br>engaged in the buying, selling, or exchanging of off-highway vehicles, or who<br>engages in the buying of off-highway vehicles for resale.2."Off-highway vehicle" means any wheeled motorized vehicle not designed for use on<br>a highway and capable of cross-country travel on land, snow, ice, marsh,<br>swampland, or other natural terrain. An off-highway vehicle must be classified into<br>one of the following categories:a.Class I off-highway vehicle is a vehicle that does not qualify as road capable<br>under chapters 39-21 and 39-27, has a seat or a saddle designed to be<br>straddled by the operator, and has handlebars for steering control of two<br>wheels.b.Class II off-highway vehicle is less than fifty inches [1270.00 millimeters] in<br>width, travels on three or more low-pressure tires, has a saddle designed to be<br>straddled by the operator, and has handlebars for steering control.c.Class III off-highway vehicle weighs less than eight thousand pounds, travels<br>on four or more tires, has a seat and a wheel for steering control, and is<br>designated for or capable of cross-country on or over land, water, sand, snow,<br>ice, marsh, swampland, or other natural terrain, unless registered by the<br>department under chapter 39-04.3."Operate" means to ride in or on and control the operation of an off-highway vehicle.4."Operator" means an individual who operates or is in actual physical control of an<br>off-highway vehicle.5."Owner" means a person, other than a lienholder, having the property in or title to an<br>off-highway vehicle and entitled to its use or possession.6."Register" means the act of assigning a registration number to an off-highway<br>vehicle.39-29-01.1. Safety fee - Imposition - Collection by dealer - Payment to department -Use of fee. Upon the sale of a new or used off-highway vehicle, a dealer shall collect a five<br>dollar safety fee from the buyer. By the end of each calendar quarter, the dealer shall file a<br>report with the parks and recreation department which discloses the number of off-highway<br>vehicles sold the previous months and includes the fees collected from the buyer. Fees imposed<br>under this section must be deposited in the off-highway vehicle fund established under section<br>39-29-05. The fees may be used only by the parks and recreation department and only for<br>off-highway vehicle safety education and promotion. The parks and recreation department shall<br>report to the director within thirty days of the end of each calendar quarter the motor-powered<br>recreational vehicle dealers that submitted a safety fee report and the number of vehicles sold,<br>and shall identify every dealer not collecting or transmitting the safety fee.39-29-02. Off-highway vehicle registration. Except as provided in this chapter, anindividual may not operate an off-highway vehicle unless it has been registered under this<br>chapter.39-29-03. Registration - Application - Issuance - Fees - Renewal.Page No. 11.Application for registration must be made to the department of transportation in the<br>form the department prescribes and furnishes. The registration must state the name<br>and address of every owner of the off-highway vehicle and be signed by at least one<br>owner. A copy of the application is evidence of registration for the first thirty days<br>after the date of application.2.On receipt of an application and the appropriate fee, the department shall register<br>the off-highway vehicle and assign a registration number and a certificate of<br>registration. In addition, the department shall issue a decal made of reflectorized<br>material which contains the registration number or the department shall issue one<br>distinctive number plate upon the request of the owner.The operator of anoff-highway vehicle shall securely affix and display the decal or the plate in a position<br>as to provide clear legibility for identification. The certificate of registration must<br>include information regarding the make, year, serial number, and name and address<br>of the owner.3.The fee for registration of each off-highway vehicle is five dollars for a registration<br>period of two years.For a duplicate or replacement registration number orregistration card which is lost, mutilated, or becomes illegible, the department may<br>charge a fee of not more than five dollars. For each off-highway vehicle registered<br>under this chapter, there is an off-highway vehicle trail tax of fifteen dollars.4.The owner of an off-highway vehicle shall renew the registration in the manner the<br>department prescribes and pay the registration fees and applicable tax provided in<br>subsection 3.5.On application for registration as prescribed in subsection 2, and on payment of the<br>amounts prescribed in subsection 3, an off-highway vehicle dealer is entitled to be<br>issued registration numbers distinctively marked as dealer's registration numbers.<br>The dealer's registration numbers may be used only on off-highway vehicles owned<br>by the dealership.39-29-04. Exemption from registration - Exemption from fees.1.Registration and payment of fees is not required of:a.Off-highway vehicles owned and used by the United States or another state or<br>its political subdivisions.b.Off-highway vehicles registered in a foreign country and temporarily used in this<br>state.c.Off-highway vehicles validly licensed in another state and which have not been<br>within this state for more than thirty consecutive days.d.Off-highway vehicles used exclusively on private lands.e.Off-highway vehicles used exclusively in organized track racing events.2.Off-highway vehicles owned by the state or any of its political subdivisions are<br>exempt from the registration fees in section 39-29-03.39-29-05. Disposition of registration fees and trail tax.1.Fees from registration of off-highway vehicles must be deposited with the state<br>treasurer and credited to the highway tax distribution fund.2.The off-highway vehicle trail tax must be deposited in the off-highway vehicle fund in<br>the state treasury. The parks and recreation department may, on appropriation byPage No. 2the legislative assembly, expend from that fund moneys for establishing off-highway<br>vehicle facilities, use areas, and safety and education programs, and on<br>enforcement of this chapter. The department may also use the fund to make grants<br>to political subdivisions, governmental agencies, and nonprofit organizations for the<br>purpose of developing and improving off-highway vehicle facilities and use areas<br>and on promoting off-highway vehicle safety and education. The department may<br>also use the fund to make grants to law enforcement agencies for the purpose of<br>enforcing laws applicable to off-highway vehicles and to the use of off-highway<br>vehicle facilities and use areas.39-29-06. Transfer or termination of off-highway vehicle ownership - Change ofaddress of owner.Within fifteen days after the transfer of any ownership interest in anoff-highway vehicle, other than a security interest, or the destruction or abandonment of any<br>off-highway vehicle, or a change of address of the owner as listed with the application for<br>registration, written notice of the fact must be given by the new owner to the director in the form<br>the director requires.39-29-07. Licensing by political subdivisions. Political subdivisions of this state maynot require licensing or registration of off-highway vehicles.39-29-08. Rules.1.The department shall adopt rules for the registration of off-highway vehicles and<br>display of registration numbers.2.The director, in the interest of public health, welfare, and safety, may regulate, by<br>rule, the operation of off-highway vehicles on state highways.The director'sauthority to prohibit the use of off-highway vehicles is limited to the roadways,<br>shoulders, inslopes, and medians within the right of way, except where such action<br>is necessary to avoid an obstacle. Notwithstanding the racing prohibitions in section<br>39-08-03.1, the director may, on a case-by-case basis, permit organized and bona<br>fide off-highway vehicle races on the ditch bottoms, backslopes, and the top of the<br>backslopes of the state highway rights of way. The planning, organization, route<br>selection, and safety precautions of any race are the sole responsibility of the person<br>obtaining the permit. The director, the department, and the department's employees<br>do not incur any liability for permitting races.3.The director of the parks and recreation department shall adopt rules to regulate use<br>of off-highway vehicles in state parks and other state-owned land under the<br>supervision of the director of the parks and recreation department.4.The governing bodies of political subdivisions may adopt rules to regulate use of<br>off-highway vehicles in areas under their jurisdiction. The governing body of a city<br>may, by ordinance, regulate, restrict, and prohibit the use of off-highway vehicles<br>operated in the city limits in areas under the exclusive jurisdiction of the city.39-29-09. Operation of off-highway vehicles.1.An individual may not operate an off-highway vehicle on the roadway, shoulder, or<br>inside bank or slope of any road, street, or highway except as provided in this<br>chapter.Except in emergencies, an individual may not operate an off-highwayvehicle within the right of way of any controlled-access highway. An individual may<br>operate a registered off-highway vehicle on a gravel, dirt, or loose surface roadway.<br>An individual may operate a registered off-highway vehicle on a paved highway<br>designated and posted at a speed not exceeding fifty-five miles [88.51 kilometers]<br>per hour. A licensed driver over sixteen years of age may operate a registered<br>class III off-highway vehicle on a paved highway designated and posted at a speed<br>not exceeding sixty-five miles [104.61 kilometers] per hour.Page No. 32.The operator of an off-highway vehicle may make a direct crossing of a street or<br>highway only if:a.The crossing is made at an angle of approximately ninety degrees to the<br>direction of the highway and at a place where no obstruction prevents a quick<br>and safe crossing;b.The off-highway vehicle is brought to a complete stop before crossing the<br>shoulder or main traveled way of the highway;c.The operator yields the right of way to all oncoming traffic which constitutes an<br>immediate hazard; andd.In crossing a divided highway, the crossing is made only at an intersection of<br>the highway with another public street or highway.3.Unless an individual is operating a class I off-highway vehicle, an individual may not<br>operate an off-highway vehicle unless it is equipped with at least one headlamp, one<br>taillamp, and brakes, all in working order, which conform to standards prescribed by<br>rule of the director, except when under the direct supervision of an off-highway<br>vehicle instructor teaching a certified off-highway vehicle safety training course, the<br>requirement for a headlamp and taillamp may be waived.4.The emergency conditions under which an off-highway vehicle may be operated<br>other than as provided by this chapter are only those that render the use of an<br>automobile impractical under the conditions and at the time and location in question.5.An individual may not operate an off-highway vehicle in the following ways, which<br>are declared to be unsafe and a public nuisance:a.At a rate of speed greater than reasonable or proper under all the surrounding<br>circumstances.b.In a careless, reckless, or negligent manner so as to endanger the person or<br>property of another or to cause injury or damage to another person or the<br>property of another person.c.While under the influence of intoxicating liquor or a controlled substance.d.Without a lighted headlamp and taillamp except when used by an off-highway<br>vehicle instructor during a certified off-highway vehicle safety training course.e.In any tree nursery or planting in a manner that damages growing stock.f.Without a manufacturer-installed or equivalent muffler in good working order<br>and connected to the off-highway vehicle's exhaust system.g.On any private land where the private land is posted prohibiting trespassing.<br>The name and address of the person posting the land and the date of posting<br>must appear on each sign in legible characters. The posted signs must be<br>readable from outside the land and be placed conspicuously at a distance of<br>not more than eight hundred eighty yards [804.68 meters] apart. Land entirely<br>enclosed by a fence or other enclosure is sufficiently posted by posting of these<br>signs at or on all gates through the fence or enclosure.6.Except as provided in section 39-29-10, an individual may not operate an<br>off-highway vehicle without having in possession a valid driver's license or permit.Page No. 47.When an off-highway vehicle is operated within the right of way of any road, street,<br>or highway, during times or conditions that warrant the use of lights by other motor<br>vehicles, the off-highway vehicle must be operated in the same direction as the<br>direction of other motor vehicles traveling on the side of the roadway immediately<br>adjacent to the side of the right of way traveled by the off-highway vehicle.8.An individual may not operate an off-highway vehicle within the right of way of any<br>highway while towing a sled, skid, or other vehicle, unless the object towed is<br>connected to the off-highway vehicle by a hinged swivel and secure hitch.9.An individual under the age of eighteen years may not operate, ride, or otherwise be<br>propelled on an off-highway vehicle unless the person wears a safety helmet<br>meeting United States department of transportation standards.10.An operator of an off-highway vehicle may not carry a passenger while operating the<br>vehicle unless the off-highway vehicle is equipped and recommended by the<br>manufacturer to carry a passenger and the passenger is carried as recommended<br>by the manufacturer.11.Unless otherwise provided by law, an off-highway vehicle may be operated on an<br>aggregate road surface only when designated as part of an active off-highway<br>vehicle trail by the managing entity.12.A person who is performing pest control or survey work for a political subdivision<br>may operate an all-terrain vehicle on the bottom, backslope, inside slope, and<br>shoulder of a highway other than a controlled-access highway.39-29-09.1. Equipment.To operate an off-highway vehicle on a paved highway orgravel, dirt, or loose surface roadway under subsection 1 of section 39-29-09, the off-highway<br>vehicle must be equipped with a mirror in compliance with section 39-27-09, a horn in<br>compliance with section 39-27-15, a speedometer and odometer in compliance with section<br>39-27-16, a brake light, a lighted headlamp in compliance with section 39-27-17.1, and a motor<br>of at least three hundred fifty cubic centimeters.39-29-10. Operation by persons under age sixteen. Except as otherwise provided inthis section, an individual under sixteen years of age who is not in possession of a valid<br>operator's license or permit to operate an off-highway vehicle may not, except upon the lands of<br>the individual's parent or guardian or as a participant in an organized sporting event that involves<br>the use of off-highway vehicles, operate an off-highway vehicle. An individual at least twelve<br>years of age may operate an off-highway vehicle if the individual has completed an off-highway<br>vehicle safety training course prescribed by the director of the parks and recreation department<br>and has received the appropriate off-highway vehicle safety certificate issued by the director of<br>the department of transportation. The failure of an operator to exhibit an off-highway vehicle<br>safety certificate on demand to any official authorized to enforce this chapter is presumptive<br>evidence that that person does not hold a certificate.Fees collected from each individualreceiving certification must be deposited in the off-highway vehicle trail tax fund for off-highway<br>vehicle safety education and training programs.39-29-11.Enforcement.Only peace officers of this state and their respective dulyauthorized representatives may enforce this chapter.39-29-12.Penalties.Violation of subdivision b, c, or g of subsection 5 of section39-29-09 is a class B misdemeanor. Violation of any other provision of section 39-29-09 is an<br>infraction for which a fee of twenty dollars must be assessed. Violation of section 39-29-02 is an<br>infraction, for which a fee of fifty dollars must be assessed. If the individual provides proof of<br>registration since the violation, the fee may be reduced by one-half.Violation of any otherprovision of this chapter is an infraction, for which a fee of ten dollars must be assessed.Page No. 5Document Outlinechapter 39-29 off-highway vehicles
