JURISDICTION: NORTH DAKOTA

This chapter summarizes North Dakota State statutes related to speed.

General Reference: North Dakota Century Code Annotated

Basis for a Speed Law Violation:

Basic Speed Rule: No person may drive a vehicle at a speed greater than is reasonable and prudent under the existing conditions having regard to the actual and potential hazards then existing.⁽¹⁾ §39-09-01

Statutory Speed Limit: 55 MPH (88.51 Kilometers Per Hour) on highways §39-09-02(1)(f)

See Other below. 25 MPH (40.23 Kilometers Per Hour) in a business or residential district or a public park §39-09-02(1)(g)

20 MPH (32.19 Kilometers Per Hour) in a school zone⁽²⁾ §39-09-02(1)(b)

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State may increased or decreased the maximum speed limits on the State highway system.⁽³⁾ The law specifically allows the State to provide for speed limits >55 MPH (>88.51 Kilometers Per Hour). §§39-09-02(1)(g), 39-09-04 & 39-09-07

II. Based on engineering and traffic investigations, a local government may increase (but not >55 MPH/>88.51 Kilometers Per Hour) or decrease the maximum speed limits on the highways under its jurisdiction. §39-09-03

Minimum Speed Limit: No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic. §39-09-09(1)

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State or a local government may establish minimum speed limits for the highways under their jurisdiction. §39-09-09(2)

Other: I. The law establishes a speed limit of 20 MPH (32.19 Kilometers Per Hour) in certain situations where a driver's view is obstructed. §39-09-01(1)(a), (c) & (d)

II. Special speed limits may be established on a State highway such as in a construction zone. §39-09-02(2)

III. Based upon safety investigations, the State or a local government may establish safe maximum speed limits for bridges, causeways or viaducts. §39-09-01.1(2) & (3)

IV. A person shall not operate a vehicle, that is equipped with solid rubber tires, >10 MPH (>16.09 Kilometers Per Hour). §39-09-04.1

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: Speed Law Violations are Noncriminal Fee Dispositions. §§39-07-06 & 39-06.1-06(1), (3), (4) & (8), 39-06.1-09 and 39-09-02(2)

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Fine:

Amount ($ Range): Violating Basic Speed Rule-$30 §§39-06.1-06(4) & 39-09-01

Violating Posted/Maximum Speed Limits-$5 to >$100⁽⁴⁾ §§39-06.1-06(3) & (8) and 39-09-02(2)

Driving a Vehicle Equipped with Solid Rubber Tires >10 MPH (>16.09 Kilometers Per Hour)-$20 §§39-06.1-06(2) & 39-06.1-09

Exceeding the Maximum Safe Posted Speed Limit on Bridges, Causeways or Viaducts-$20 §§39-06.1-06(2) & 39-06.1-09

Driving Too Slowly or Violating Minimum Posted Speed Limit-$20 §§39-06.1-06(2) & 39-06.1-09

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁽⁵⁾ §39-06.1-10

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Term of License Withdrawal

(Days, Months, Years, etc.): 7 days §39-06.1-10(2)

Mandatory Minimum Term of

Withdrawal: Note: Suspensions via the Point System appear to be mandatory.

Miscellaneous Sanctions

Not Included Elsewhere:

Other Criminal Actions Related to Speeding:

Exhibition of Driving and Drag Racing⁽⁶⁾: Noncriminal Fee Disposition §§39-08-03.1 & 39-07-06

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): For Drag Racing-$100 §39-08-03.1(1)

For Exhibition Driving-$50 §39-08-03.1(1)

Mandatory Minimum Fine: Note: The law is not clear but the above fines may be mandatory.

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension via a Point System⁵ §39-06.1-10

Length of Term of

Licensing Withdrawal: 7 days §39-06.1-10(2)

Mandatory Action--Minimum

Length of License

Withdrawal: Note: Suspensions via the Point System appear to be mandatory.

Other:

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: Class B Misdemeanor §39-08-03

Sanction:

Criminal:

Imprisonment (Term): Not more than 30 days §12.1-32-01(6)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $500 §12.1-32-01(6)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁵ §39-06.1-10

Length of Term of License

Withdrawal Action: 7 days §39-06.1-10(2)

Mandatory Term of License

Withdrawal Action: Note: Suspensions via the Point System appear to be mandatory.

Other:

Aggravated Reckless Driving⁽⁷⁾: Class A Misdemeanor §39-08-03

Sanction:

Criminal:

Imprisonment (Term): Not more than 1 year §12.1-32-01(5)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $1,000 §12.1-32-01(5)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁵ §39-06.1-10 or Revocation if there was "serious bodily injury"⁽⁸⁾ §39-06-31(2)

Length of Term of License

Withdrawal Action: Suspensions via Point System-7 days §39-06.1-10(2) Revocation-1 year or for such period as recommend by the court §39-06-31

Mandatory Term of License

Withdrawal Action: Suspensions via the Point System appear to be mandatory. Revocation-1 year or for such period as recommend by the court

Other:

Other Criminal Actions Related to Speeding:

(continued)

Care in Operating Vehicles⁽⁹⁾: Noncriminal Disposition Fee §§39-06.1-06(5) & 39-9-01.1

Sanction:

Criminal:

Imprisonment (Term): None

Mandatory Minimum Term

of Imprisonment:

Fine ($ Range): $10 to $30 §39-06.1-06(5)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension via a Point System⁵ §39-06.1-10

Length of Term of License

Withdrawal Action: 7 days §39-06.1-10(2)

Mandatory Term of License

Withdrawal Action: Note: Suspensions via the Point System appear to be mandatory.

Other:

Commercial Motor Vehicle (CMV) Operators⁽¹⁰⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽¹¹⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §39-06.2-10(5)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days §39-06.2-10(5)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §39-06.2-10(5)

1. ¹A violation of this provision is considered "careless driving." §39-09-01

2. ²This speed limit applies when either (1) the school is in recess or (2) children are going to and from school. §39-09-02(1)(b)

3. ³This includes the establishment of different highway speed limits either (1) for different types of vehicles (e.g., persons, who operate certain types of trucks may be required to drive these vehicles at a slower speed than those who operate other types of motor vehicles), (2) at different times of the day, (3) for various weather conditions or (4) for other factors bearing on safe speeds. §39-09-04

4. ⁴I. General Fee Schedule: 6 to 10 MPH over the speed limit-$5 plus $1 for each MPH over 5 MPH; 11 to 15 MPH over the speed limit-$10 plus $1 for each MPH over 10 MPH; 16 to 20 MPH over the speed limit-$15 plus $2 for each MPH over 15 MPH; 21 to 25 MPH over the speed limit-$25 plus $3 for each MPH over 20 MPH; 26 to 35 MPH over the speed limit-$40 plus $3 for each MPH over 25 MPH; 36 to 45 MPH over the speed limit-$70 plus $3 for each MPH over 35 MPH; and, 46 MPH over the speed limit-$100 plus $5 for each MPH over 45 MPH. §39-06.1-06(3) II. Fee Schedule for Exceeding the Speed Limit on a Highway with Posted Speed Limits >55 MPH (88.51 Kilometers Per Hour): 6 to 10 MPH over the speed limit-$15 plus $2 for each MPH over 5 MPH; 11 to 15 MPH over the speed limit-$25 plus $3 for each MPH over 10 MPH; 16 to 25 MPH over the speed limit-$40 plus $3 for each MPH over 15 MPH; 26 to 35 MPH over the speed limit-$70 plus $3 for each MPH over 25 MPH; and, 36 MPH over the speed limit-$100 plus $5 for each MPH over 35 MPH. §39-06.1-06(8) III. Fee Schedule for Violating a Specially Posted Speed Limit in a Construction Zone: These fees apply unless a greater fee is applicable under other provisions of the law. 1 to 10 MPH over the speed limit-$40; and, >10 MPH over the speed limit-$40 plus $1 for each MPH over 10 MPH. §39-09-02(2)

5. ⁵Point System. I. An offender, who accumulates 12 points, is subject to a 7 day license suspension. If they accumulate 13 points, their license is suspended for 7 days for each point over 11. §39-06.1-10(2) II. The following points have been assigned for speed related violations: Reckless driving-8 points; aggravated reckless driving-12 points; basic speed rule violation-6 points; drag racing-10 points; exhibition driving-3 points; and, failure to use care-2 points. §39-06.1-10(3)(a)(10), (12), (13) & (29) and 39-06.1-10(3)(b)(1) & (2) II. Except as noted, the following points have been assigned for exceeding the speed limit: 16 to 20 MPH over the speed limit-3 points; 21 to 25 MPH over the speed limit-4 points; 26 to 35 MPH over the speed limit-6 points; 36 to 24 MPH over the speed limit-8 points; and, 46 MPH over the speed limit-12 points. §39-06.1-10(3)(a)(30) IV. The following points have been assigned for exceeding the speed limit within city limits or noncontrolled access highways: 6 to 10 MPH over the speed limit-1 point; 11 to 15 MPH over the speed limit-2 points; 16 to 20 MPH over the speed limit-3 points; 21 to 25 MPH over the speed limit-4 points; 26 to 35 MPH over the speed limit-6 points; 36 to 45 MPH over the speed limit-8 points; and, 46 MPH over the speed limit-12 points. §39-06.1-10(3)(a)(31) V. The following points have been assigned for exceeding the speed limit on highways with a speed limit >55 MPH (88.51 Kilometers Per Hour)-11 to 15 MPH over the speed limit-4 points; 16 to 25 MPH over the speed limit-7 points; 26 to 35 MPH over the speed limit-10 points; and, 36 MPH over the speed limit-12 points. §39-06.1-10(3)(a)(34)

6. ⁶"Drag racing" is defined as operating either (1) "two or more vehicles from a point side by side by accelerating rapidly in a competition attempt to outdistance the other" or "(2) one or more vehicles over a common selected course from the same point to the same point for the purpose of comparing the relative speed or powers of acceleration of such vehicle of vehicles within a certain distance or time limit." §39-08-03.1(2)(a)

"Exhibition driving" is defined as either (1) operating "a vehicle in a manner which disturbs the peace by creating or causing unnecessary engine noise, tire squeal, skid, or slide upon acceleration or braking" or (2) "operating or executing or attempting one or a series of unnecessarily abrupt turns." §39-08-03.1(2)(b)

7. ⁷"Aggravated reckless driving" is reckless driving which "inflicts injury upon the person of another." §39-08-03

8. ⁸"Serious bodily injury" is defined as "bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, or permanent loss or impairment of the function of any bodily member or organ." §12.1-01-04(28)

9. ⁹A person violates this provision if they (1) do not operate a vehicle "in a careful and prudent manner, having due regard to the traffic, surface, and width of the highway and other conditions then existing" or (2) "drive any vehicle upon a highway in a manner to endanger the life, limb, or property of any person." §39-09-01.1

10. ¹⁰A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §39-06.2-02(6)

11. ¹¹A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless driving. §39-06.2-02(21)