N.D. Cent. Code ch. 39-12

in effect

N.D. Cent. Code § 39-12-01 State and local authorities may classify highways as to weight and load capacities

39-12-01. State and local authorities may classify highways as to weight and load capacities. The director, the board of county commissioners, and other appropriate bodies having control of roads, may classify public highways and roads under their respective jurisdictions and limitations as to the weight and load of vehicles thereon for such respective classifications must be enforced as provided in section 39-12-07.

N.D. Cent. Code § 39-12-02 Special permits for vehicles of excessive size and weight issued - Contents - Fees

39-12-02. Special permits for vehicles of excessive size and weight issued - Contents - Fees. 1. a. The highway patrol and local authorities in their respective jurisdictions, upon application and payment of the appropriate charges and for good cause shown, may issue a special written permit authorizing the applicant to operate or move a vehicle, mobile home, or modular unit of a size or weight exceeding the maximum specified by this chapter, upon a highway under the jurisdiction of the body granting the permit. A permit may designate the route to be traversed and may contain other restrictions or conditions deemed necessary by the body granting the permit. The permit must be carried in the vehicle to which it refers in printed or electronic format and must be opened to inspection by a peace officer or agent of the superintendent of the highway patrol unless prior approval is obtained from the highway patrol. It is a violation of this chapter for a person to violate the terms or conditions of the permit. The highway patrol and local authorities may adopt rules governing the movement of oversize and overweight vehicles. b. Each township in a county that participates in a uniform truck permitting system for authorization of oversized or overweight vehicle movements shall participate in the same system. c. When fee changes are proposed, a uniform permit system shall provide public notice of the date, hour, and place at which the public may comment on the proposed fee changes. d. Notwithstanding any other provision of this chapter, a city, county, or township having control of roads may not impose additional fees for the use of roads beyond the fees established under a uniform permit program. A city, county, or township may issue a penalty to a person that violates a posted road restriction. If a permit is denied, a person may receive an additional fee or condition from the city, county, or township in exchange for authorization to move an oversized or overweight vehicle on a road under the jurisdiction of the city, county, or township. 2. Upon an application for a permit to move a new manufactured building or modular unit from outside this state to be located anywhere within this state, the manufacturer is deemed to have certified that the new manufactured building or modular unit meets all applicable building codes and all applicable electrical wiring and equipment, plumbing, and fire standards. The state is not liable to a person for issuing a permit in violation of this subsection. 3. An appropriate charge must be made for a permit and all funds collected hereunder by the highway patrol must be deposited in the state highway fund for use in the construction and maintenance of highways and operating expenses of the department. Permit fees generated by a political subdivision must be deposited in the local authority's general fund for support of the local road system. Publicly owned vehicles that provide service beyond the agency's jurisdiction, official, publicly owned, emergency, or military vehicles are not subject to charges for permits. The minimum fee for selected charges is as follows: a. The fee for the ten percent weight exemption, harvest and wintertime, is fifty dollars per month for fees paid on a monthly basis or two hundred fifty dollars per year for fees paid on a yearly basis. Unused fees paid on a monthly basis are refundable. Unused fees paid on a yearly basis are not refundable. b. The fee for an interstate permit is ten dollars per trip, fifty dollars per month for fees paid on a monthly basis, or three hundred dollars for unlimited trips in an annual period. Annual permits may be purchased for the period beginning January first and ending December thirty-first or for a twelve-month period beginning the date of purchase. c. The fee for special mobile equipment is twenty-five dollars per trip. d. The fee for engineering is twenty-five dollars per trip. e. The fee for faxing a permit is five dollars. f. The fee for a single trip permit is twenty dollars per trip. g. The fee for a bridge length permit is thirty dollars per trip, fifty dollars per month for fees paid on a monthly basis, or one hundred fifty dollars for unlimited trips in an annual period. Annual permits may be purchased for the period beginning January first and ending December thirty-first, or for a twelve-month period beginning the date of purchase. h. The fee for a longer combination vehicle permit is one hundred dollars per month for fees paid on a monthly basis. i. The fee for an overwidth vehicle or load that is fourteen feet six inches [4.42 meters] or less is twenty dollars per trip, fifty dollars per month for fees paid on a monthly basis, or one hundred fifty dollars for unlimited trips in an annual period. Annual permits may be purchased for the period beginning January first and ending December thirty-first or for a twelve-month period beginning the date of purchase. The fee for a vehicle that is a noncommercial fishhouse trailer being moved by the owner is twenty dollars per twelve-month period. j. The fee for an overlength vehicle or load that is one hundred twenty feet [36.58 meters] or less is twenty dollars per trip, fifty dollars per month for fees paid on a monthly basis, or one hundred fifty dollars for unlimited trips in an annual period. Annual permits may be purchased for the period beginning January first and ending December thirty-first, or for a twelve-month period beginning the date of purchase. k. The highway patrol may establish an online electronic permit system. If the highway patrol establishes an online electronic permit system, the highway patrol shall assess an additional fee of up to fifteen dollars for every permit issued under this section to be deposited into the motor carrier electronic permit transaction fund. 4. The director of tax equalization of the county of destination must be furnished a copy of the permit for the movement of an overdimensional mobile home. 5. Permits issued for overdimensional movements of vehicles not exceeding twelve feet [3.66 meters] in total width, including load, are valid for travel during the day and night with proper lighting. Permits issued for overdimensional movements of vehicles not exceeding one hundred twenty feet [36.58 meters] in total length, including load, are valid for travel during the day and night with proper lighting. 6. There is created in the state treasury a fund known as the motor carrier electronic permit transaction fund. All money in the fund is appropriated on a continuing basis to the highway patrol to defray the costs of establishing and maintaining an online electronic permit system for permitting and routing oversize and overweight vehicles in this state. The highway patrol may contract with a private entity to establish, operate, and maintain an online electronic permit system. The online electronic permit system includes the issuance of permits under this section and an automated routing system. The automated routing system must include integration of department of transportation traveler information system information, all other data required for the automated routing system, and integration of the highway patrol computer-aided dispatch system.

N.D. Cent. Code § 39-12-03 Director or local authorities may limit use of vehicles on highways - Exception for inclement weather

39-12-03. Director or local authorities may limit use of vehicles on highways - Exception for inclement weather. 1. Whenever a highway will be seriously damaged or destroyed by reason of deterioration, rain, snow, or other climatic conditions unless the use of vehicles is prohibited or the weight of the vehicle thereon is limited, the director or employees authorized by the director by an order, and local authorities by ordinance or resolution, may prohibit the operation of vehicles upon such highway or may impose weight restrictions on vehicles. The director or employees making the order and local authorities enacting the ordinance or resolution shall erect or cause to be erected and maintained signs designating the provisions of the order, ordinance, or resolution. The signs must be erected and maintained at each end of the portion of highway affected, and the order, ordinance, or resolution is not effective until the signs are erected and maintained. The operation of trucks or other commercial vehicles or limitations as to the weight of vehicles on designated highways may be prohibited or limited in the same manner. 2. In instances of inclement weather, as determined by the local authorities, changes may be made to existing posted restrictions on a portion of a highway if the local authority: a. Gives public notice of the change in the posted restrictions on any portion of a highway by publishing the inclement weather restriction on the local authority's website and a uniform county permit system or similar permit system within one hour after the initial determination of inclement weather; and b. Within five days of the first date of inclement weather, erects and maintains a sign at each end of the portion of the highway affected by the inclement weather restriction.

N.D. Cent. Code § 39-12-04 Width, height, and length limitations on vehicles - Exceptions

39-12-04. Width, height, and length limitations on vehicles - Exceptions 1. Vehicles operated on a highway in this state may not exceed a total outside width, including load thereon, of eight feet six inches [2.59 meters]. This limitation does not apply to: a. Construction and building contractors' equipment and vehicles used to move such equipment which does not exceed ten feet [3.05 meters] in width when being moved by contractors or resident carriers. b. Implements of husbandry being moved by resident farmers, ranchers, governmental entities, dealers, or manufacturers between sunrise and sunset. Furthermore, the limitation does not apply to implements of husbandry being moved between sunset and sunrise by resident farmers, ranchers, governmental entities, dealers, or manufacturers on public state, county, or township highway systems other than interstate highway systems. c. Hay in the stack or bale being moved along the extreme right edge of a roadway between sunrise and sunset by someone other than a commercial mover. d. Commercial movement of haystacks or hay bales with vehicles designed specifically for hauling hay, commercial movement of self-propelled fertilizer spreaders and self-propelled agricultural chemical applicators, whether operating under their own power or being transported by another vehicle, commercial movement of portable grain cleaners, commercial movement of forage harvesters, and the commercial movement of hay grinders, which may be moved on the highway after obtaining a seasonal permit issued by the highway patrol. The highway patrol shall issue seasonal permits that are valid during daylight hours on any day of the week, or that are valid at all times for the movement of self-propelled fertilizer spreaders and self-propelled agricultural chemical applicators, to any commercial entity otherwise qualified under this subdivision. Self-propelled fertilizer spreaders and self-propelled agricultural chemical applicators operating under their own power between sunset and sunrise must display vehicle hazard warning signal lamps as described in subsection 3 of section 39-21-19.1. The seasonal permit is in lieu of registration requirements for the permit period. No seasonal permit may be issued, unless proof of financial responsibility in a minimum of three hundred thousand dollars is filed and the appropriate permit fee is paid. The seasonal permit may also be issued for hauling hay bales with vehicles or vehicle combinations other than those designed specifically for hauling haystacks. This seasonal permit, however, will not be in lieu of registration requirements. All permit fees must be deposited in the state highway distribution fund. e. Safety devices that the highway patrol determines are necessary for the safe and efficient operation of motor vehicles may not be included in the calculation of width. f. Any non-load-carrying safety appurtenance as determined by the highway patrol which extends no more than three inches [7.62 centimeters] from each side of a trailer is excluded from the measurement of trailer width. The width of a trailer is measured across the sidemost load-carrying structures, support members, and structural fasteners. g. The highway patrol may adopt reasonable rules for those vehicles exempted from the width limitations as provided for in this subsection. 2. Vehicles operated on a highway in this state may not exceed a height of fourteen feet [4.27 meters], whether loaded or unloaded. This height limitation does not affect any present structure such as bridges and underpasses that are not fourteen feet [4.27 meters] in height. This limitation does not apply to vehicles that are at most fifteen feet six inches [4.72 meters] high when all of the following apply: a. The vehicle is an implement of husbandry and is being moved by a resident farmer, rancher, dealer, or manufacturer. b. The trip is at most sixty miles [96.56 kilometers]. c. The trip is between sunrise and sunset. d. None of the trip is on an interstate highway. 3. A vehicle operated on a highway in this state may not exceed the following length limitations: a. A single unit vehicle with two or more axles including the load thereon may not exceed a length of fifty feet [15.24 meters]. b. A combination of two units including the load thereon may not exceed a length of seventy-five feet [22.86 meters]. c. A combination of three or four units including the load thereon may not exceed a length of seventy-five feet [22.86 meters], subject to any rules adopted by the director that are consistent with public highway safety. The rules do not apply to a three-unit combination consisting of a truck tractor and semitrailer drawing a trailer or semitrailer. d. A combination of two, three, or four units including the load thereon may be operated on all four-lane divided highways and those highways in the state designated by the director and local authorities as to the highways under their respective jurisdictions and may not exceed a length of one hundred ten feet [33.53 meters], subject to any rules adopted by the director that are consistent with public highway safety. e. The length of a trailer or semitrailer, including the load thereon, may not exceed fifty-three feet [16.5 meters] except that trailers and semitrailers titled and registered in North Dakota before July 1, 1987, and towed vehicles may not exceed a length of sixty feet [18.29 meters]. 4. Length limitations do not apply to: a. Building moving equipment. b. Emergency tow trucks towing disabled lawful combinations of vehicles to a nearby repair facility. c. Vehicles and equipment owned and operated by the armed forces of the United States or the national guard of this state. d. Structural material of telephone, power, and telegraph companies. e. Truck-mounted haystack moving equipment, provided the equipment does not exceed a length of fifty-six feet [17.07 meters]. f. A truck tractor and semitrailer or truck tractor, semitrailer, and the trailer when operated on the interstate highway system or parts of the federal aid primary system as designated by the director, only when federal law requires the exemption. g. Safety and energy conservation devices and any additional length exclusive devices as determined by the highway patrol for the safe and efficient operation of commercial motor vehicles. Length exclusive devices are appurtenances at the front or rear of a commercial motor vehicle semitrailer or trailer, whose function is related to the safe and efficient operation of the semitrailer or trailer. 5. Motor homes, house cars, travel trailers, fifth-wheel travel trailers, camping trailers, and truck campers may exceed eight feet six inches [2.59 meters] in width if the excess is attributable to an appurtenance that extends beyond the body of the vehicle no more than six inches [15.24 centimeters] on either side of the vehicle. For purposes of this subsection, the term appurtenance includes a shade awning and its support hardware, and any appendage that is intended to be an integral part of a motor home, house car, travel trailer, fifth-wheel travel trailer, camping trailer, or truck camper.

N.D. Cent. Code § 39-12-05 Weight limitations for vehicles on interstate system

39-12-05. Weight limitations for vehicles on interstate system A person may not operate on a highway which is part of the interstate system any vehicle: 1. With a single axle that carries a gross weight in excess of twenty thousand pounds [9071.85 kilograms] or a wheel load over ten thousand pounds [4535.92 kilograms]. A wheel may not carry a gross weight over five hundred fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width except that such limits may not be applied to tires on the steering axle. Steering axle weights are limited to twenty thousand pounds [9071.85 kilograms] or the axle rating established by the manufacturer, whichever is lower. Axles spaced forty inches [101.60 centimeters] apart or less are considered as one axle and, on axles spaced over forty inches [101.60 centimeters] and under eight feet [2.44 meters] apart, the axle load may not exceed seventeen thousand pounds [7711.07 kilograms] per axle. The wheel load, in any instance, may not exceed one-half the allowable axle load. Spacing between axles is measured from axle center to axle center. 2. Subject to the limitations imposed by subsection 1 on tires, wheel, and axle loads, the gross weight of which exceeds that determined by the formula of: W = 500 (LN/ + 12N + 36) N-1 where W equals maximum weight in pounds carried on any group of more than one axle; L equals distance in feet between the extremes of any group of consecutive axles; and N equals number of axles in the group under consideration, except that two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds [15422.14 kilograms] each, providing the overall distance between the first and last axles of the consecutive sets of tandem axles is at least thirty-six feet [10.97 meters]. The gross weight may not exceed eighty thousand pounds [36287.39 kilograms].

N.D. Cent. Code § 39-12-05.1 Weight limitations for vehicles on designated highways

39-12-05.1. Weight limitations for vehicles on designated highways Repealed by S.L. 1983, ch. 441, § 3.

N.D. Cent. Code § 39-12-05.2 Interstate weight limitations if permitted by the Congress of the United States

39-12-05.2. Interstate weight limitations if permitted by the Congress of the United States. If congressional action occurs authorizing a greater gross weight on the interstate system than allowed under section 39-12-05, a person may operate on an interstate highway a vehicle the gross weight of which is at most the weight allowed by the congressional action.

N.D. Cent. Code § 39-12-05.3 Weight limitations for vehicles on highways other than the interstate system

39-12-05.3. Weight limitations for vehicles on highways other than the interstate system. 1. A person may not operate on a highway that is not part of the interstate system any vehicle with a single axle that carries a gross weight in excess of twenty thousand pounds [9071.85 kilograms] or a wheel load over ten thousand pounds [4535.92 kilograms]. A wheel may not carry a gross weight over five hundred fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. Axles spaced forty inches [101.60 centimeters] apart or less are considered as one axle. On axles spaced over forty inches [101.60 centimeters] and under eight feet [2.44 meters] apart, the axle load may not exceed nineteen thousand pounds [8618.26 kilograms] per axle, with a maximum of thirty-four thousand pounds [15422.14 kilograms] gross weight on a tandem axle and a maximum of forty-eight thousand pounds [21772.32 kilograms] gross weight on any grouping of three or more axles. The wheel load, in any instance, may not exceed one-half the allowable axle load. Spacing between axles is measured from axle center to axle center. 2. Subject to the limitations imposed by subsection 1 on tires, wheel, and axle loads, a person may not operate on a highway that is not part of the interstate system any vehicle the gross weight of which exceeds that determined by the formula of: W = 500 (LN + 12N + 36) N-1 where W equals the maximum gross weight in pounds on any vehicle or combination of vehicles; L equals distance in feet between the two extreme axles of any vehicle or combination of vehicles; and N equals the number of axles of any vehicle or combination of vehicles under consideration. The gross weight on state highways may not exceed one hundred five thousand five hundred pounds [47854 kilograms] unless otherwise posted and on all other highways the gross weight may not exceed eighty thousand pounds [36287.39 kilograms] unless designated by local authorities for highways under their jurisdiction for gross weights not to exceed one hundred five thousand five hundred pounds [47854 kilograms]. Local authorities are encouraged to assess all roads under their jurisdiction and designate the roads for the appropriate weight limits allowed under this subsection. 3. The gross weight limitations in subsections 1 and 2 do not apply to equipment the director and the state highway patrol approve for exemption. The exemption may not exceed one hundred five thousand five hundred pounds [47854 kilograms]. For every vehicle approved for exemption the highway patrol shall issue a nontransferable permit valid for one year. The highway patrol may charge an administrative fee for the permit. 4. a. The director, and local authorities, as to the highways under their respective jurisdictions, may issue permits authorizing: (1) A farmer's farm vehicle or a motor carrier hired by a farmer to exceed the weight limitations stated in subsections 1 and 2 by ten percent. The permits may not provide for a gross weight in excess of one hundred five thousand five hundred pounds [47854 kilograms]. The permits must provide only for the movement of agricultural products: (a) From the field of harvest to the point of initial storage or to the first point of sale and transfer of possession during harvest; or (b) From the point of initial storage to the first point of sale and transfer of possession during the current year's harvest; or (2) A specific motor vehicle to exceed the weight limitations stated in subsections 1 and 2 by ten percent. The permits may not provide for a gross weight in excess of one hundred five thousand five hundred pounds [47854 kilograms]. The permits must provide only for the collection and transport of solid wastes, during the period from July fifteenth to December first, and for the general movement of products during the period from December first to March seventh. b. The appropriate jurisdictional authority shall establish an appropriate fee for the permits and direct how they shall be issued. The highway patrol shall issue the permits authorized by the director. 5. The director, and local authorities, as to highways under their respective jurisdictions, may issue permits authorizing all vehicles carrying potatoes or sugar beets to exceed weight limitations stated in subsections 1 and 2 by ten percent during the period from July fifteenth to December first. The permits may not provide for a gross weight in excess of one hundred five thousand five hundred pounds [47854 kilograms]. The appropriate jurisdictional authority shall establish an appropriate fee for the permits and direct how they shall be issued. The highway patrol shall issue the permits authorized by the director. 6. The director may issue a permit for a truck with a gross weight that exceeds one hundred five thousand five hundred pounds [47854 kilograms], not to exceed one hundred twenty nine thousand pounds [58513.41 kilograms]. The monthly permit fee is one hundred dollars per month or seven hundred dollars annually. Annual permits may be purchased for the period beginning January first and ending December thirty-first or for a twelve-month period beginning the date of purchase. Vehicle weight under this subsection is determined according to the formula under subsection 2 of section 39-12-05. 7. The gross weight limitations in subsections 1 and 2 do not apply to movement of a self-propelled fertilizer spreader if the weight of a single axle does not exceed twenty-two thousand pounds [9973.03 kilograms] and does not exceed five hundred fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. The gross weight limitations in subsections 1 and 2 do not apply to movement of a self-propelled agricultural chemical applicator if the weight of a single axle does not exceed twenty-two thousand pounds [9973.03 kilograms] and does not exceed five hundred fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. The highway patrol shall issue a seasonal permit for the commercial movement of vehicles exempted by this subsection. The seasonal permit issued under this subsection or under subdivision d of subsection 1 of section 39-12-04 entitles an individual with the permit to operate a vehicle as allowed by either of these provisions. A seasonal permit issued under this subsection is subject to the requirements of subdivision d of subsection 1 of section 39-12-04. 8. The weight limitations in subsections 1 and 2 do not apply to equipment the director and the state highway patrol approve for exemption but the weight limitations in section 39-12-05 do apply to that equipment. For every vehicle approved for exemption, the highway patrol shall issue a nontransferable bridge length permit valid for a single trip or a calendar year. 9. The axle weight limitations in subsection 1 do not apply to movements of implements of husbandry or equipment with pneumatic tires used for construction which is used by an agricultural producer while using the equipment for the producer's agricultural, horticultural, or livestock operations if the maximum wheel load does not exceed five hundred fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width and if the gross weight limitation in this section is not exceeded.

N.D. Cent. Code § 39-12-06 Limitations on extending of load beyond side of motor vehicle

39-12-06. Limitations on extending of load beyond side of motor vehicle No motor vehicle carrying any load beyond the lines of the left fenders of such vehicle nor extending more than twelve inches [30.48 centimeters] beyond the line of the fenders on the right side of such vehicle may be operated on the highways, except as permitted by section 39-12-04. The department of transportation or the highway patrol shall have authority to revoke permits when such holder violates or abuses the privilege or conditions of permit.

N.D. Cent. Code § 39-12-07 Peace officers may weigh vehicle to determine load - Decreasing gross weight of vehicle

39-12-07. Peace officers may weigh vehicle to determine load - Decreasing gross weight of vehicle. Every police officer, including members of the state highway patrol, having reason to believe that the weight of a vehicle and the load carried thereon is unlawful, may weigh such vehicle and load or have the same weighed either by means of portable or stationary scales, and for that purpose the officer may require the vehicle to be driven to the nearest scales. Such officer may require the driver of such vehicle immediately to unload such portion of the load as may be necessary to decrease the gross weight to the maximum allowed by the provisions of this chapter.

N.D. Cent. Code § 39-12-08 Penalty for violation of chapter

39-12-08. Penalty for violation of chapter A person operating a motor vehicle or the owner of the motor vehicle being operated without a permit as specified in this chapter must be assessed a fee of one hundred dollars. Any person violating any other provision of this chapter, for which a specific penalty is not provided, must be assessed a fee of twenty dollars. Violating the conditions of any permit type automatically voids the permit. For a permit allowed under this chapter, if the violation is of a permit issued by a county under a home rule ordinance or any city, including a home rule city, the statutory fee is for a violation of state law in an amount provided by this section.

N.D. Cent. Code § 39-12-09 Unlawful to violate provisions governing size, weight, or construction of vehicles - Size and weight specified in this chapter lawful through state - Penalty

39-12-09. Unlawful to violate provisions governing size, weight, or construction of vehicles - Size and weight specified in this chapter lawful through state - Penalty. It is unlawful for any person to drive or move, or for the owner to cause or knowingly to permit to be driven or moved, on any highway, any vehicle or vehicles which are not constructed as required in this chapter nor according to the rules and regulations of the director adopted pursuant to the provisions of this chapter. The maximum size and weight of vehicles specified in this chapter are lawful throughout this state, except as they may be limited by virtue of specifications made pursuant to the other provisions of this chapter. Any person who violates any of the provisions of this section must be assessed a fee of twenty dollars.

N.D. Cent. Code § 39-12-10 Flag or light to be displayed at end of load

39-12-10. Flag or light to be displayed at end of load Repealed by S.L. 1963, ch. 283, § 20.

N.D. Cent. Code § 39-12-11 Impounding overweight vehicle

39-12-11. Impounding overweight vehicle Any vehicle found to have been moved or used upon any highway, street, or road in this state at a weight exceeding the limitations as specified in any order, ordinance, or resolution issued under section 39-12-03, exceeding the limitations imposed by 39-12-05.3, or as limited by section 39-12-05 may be impounded by any peace officer and taken to a warehouse or garage for storage.

N.D. Cent. Code § 39-12-12 Impounding receipt - Information

39-12-12. Impounding receipt - Information A receipt must be given by the officer impounding the vehicle, to the driver or person in charge of such vehicle. Such receipt must identify as nearly as possible, the owner of the vehicle and cargo, the driver or person in charge of such vehicle, the cargo, the place the vehicle is to be stored during impoundment, the weight of the loaded vehicle and the name and address of the impounding officer. Information as to the owner of the vehicle and cargo must be obtained from the driver or person in charge of the vehicle.

N.D. Cent. Code § 39-12-13 Impounding notice - Perishables

39-12-13. Impounding notice - Perishables The impounding officer shall notify the owner or owners, if they can be found, by wire or telephone, of the impoundment and the charges involved. If the cargo consists of perishables, the impounding officer shall use reasonable diligence in assisting the operator or owner in finding suitable storage facilities for such perishables, but all risk of loss or damage to such perishables must be upon the owner, operator, or lessee of such vehicle.

N.D. Cent. Code § 39-12-14 Civil complaint

39-12-14. Civil complaint The state's attorney of the county where such vehicles are impounded, shall, if no settlement is made under section 39-12-14.1, immediately prepare and file a civil complaint on behalf of the authority having jurisdiction of the road whereon the violation occurred, for the purpose of recovering charges for the extraordinary use of the highways, streets, or roads of this state.

N.D. Cent. Code § 39-12-14.1 Voluntary settlement of extraordinary road use fee charges

39-12-14.1. Voluntary settlement of extraordinary road use fee charges Before the complaint is issued under section 39-12-14, the owner, or the owner's driver or agent, may voluntarily pay the amount of the extraordinary road use fee, or may provide proof of surety coverage to ensure payment of the extraordinary road use fee, provided under section 39-12-17, plus any towing or storage costs. Any settlement, whether made by the owner, or the owner's driver or agent, is presumed to be voluntary. A peace officer or a peace officer's designee is authorized to receive the settlement payment on behalf of the authority having jurisdiction over the road on which the violation occurred. The extraordinary road use fees for a violation on an interstate or on a state highway must be deposited with the state treasurer to be credited to the state highway fund. Extraordinary road use fees for a violation that did not occur on an interstate or a state highway must be deposited in the general fund of the jurisdiction having authority over the road on which the violation occurred and must be used for the support of the road system of that jurisdiction.

N.D. Cent. Code § 39-12-15 Mailing complaint

39-12-15. Mailing complaint A copy of the complaint must be served upon the driver or person in charge of the vehicle and a copy must be sent by registered or certified mail to the owner of the vehicle, if the address of such owner is known.

N.D. Cent. Code § 39-12-16 Cash bond - Holding

39-12-16. Cash bond - Holding Unless a cash bond is furnished in an amount sufficient to cover the charges for extraordinary use of highways, streets, and roads, as provided in section 39-12-18, together with the costs which may be collectible under any subsequent settlement made pursuant to section 39-12-14.1, said vehicle must be held until a trial of the case can be had before the district court.

N.D. Cent. Code § 39-12-17 Trial - Charges

39-12-17. Trial - Charges At the trial of the action, the court shall hear testimony concerning the facts and if it is found that such vehicle or vehicles were moved upon the highways, streets, or roads of this state at a weight in excess of the limitations imposed under the provisions of section 39-12-03 or 39-12-05.3, or as limited by the provisions of section 39-12-05, charges for the extraordinary use of the highways, streets, or roads must be assessed as follows: 1. The storage charges and costs of the action must be assessed; and 2. An additional charge must be assessed as follows: 1 to 1,000 pounds [.45 to 453.59 kilograms] of excess weight = $20 1,001 to 2,000 pounds [454.05 to 907.18 kilograms] of excess weight = $40 2,001 to 3,000 pounds [907.64 to 1360.78 kilograms] of excess weight = $60 3,001 to 4,000 pounds [1361.23 to 1814.37 kilograms] of excess weight = $140 4,001 to 5,000 pounds [1814.82 to 2267.96 kilograms] of excess weight = $220 5,001 to 6,000 pounds [2268.41 to 2721.55 kilograms] of excess weight = $305 6,001 to 7,000 pounds [2722.01 to 3175.14 kilograms] of excess weight = $380 7,001 to 8,000 pounds [3175.60 to 3628.74 kilograms] of excess weight = $495 8,001 to 9,000 pounds [3629.19 to 4082.33 kilograms] of excess weight = $575 9,001 to 10,000 pounds [4082.78 to 4535.92 kilograms] of excess weight = $655 10,001 to 11,000 pounds [4536.37 to 4989.51 kilograms] of excess weight = $1,100 11,001 to 12,000 pounds [4989.97 to 5443.10 kilograms] of excess weight = $1,200 12,001 to 13,000 pounds [5443.56 to 5896.70 kilograms] of excess weight = $1,300 13,001 to 14,000 pounds [5897.15 to 6350.29 kilograms] of excess weight = $1,680 14,001 to 15,000 pounds [6350.74 to 6803.88 kilograms] of excess weight = $1,800 15,001 to 16,000 pounds [6804.33 to 7257.47 kilograms] of excess weight = $1,920 16,001 to 17,000 pounds [7257.93 to 7711.06 kilograms] of excess weight = $2,550 17,001 to 18,000 pounds [7711.52 to 8164.66 kilograms] of excess weight = $2,700 18,001 to 19,000 pounds [8165.11 to 8618.25 kilograms] of excess weight = $2,850 19,001 to 20,000 pounds [8618.70 to 9071.84 kilograms] of excess weight = $3,000 20,001 to 21,000 pounds [9072.29 to 9525.43 kilograms] of excess weight = $4,200 21,001 to 22,000 pounds [9525.89 to 9979.02 kilograms] of excess weight = $4,400 22,001 to 23,000 pounds [9979.48 to 10432.62 kilograms] of excess weight = $4,600 23,001 to 24,000 pounds [10433.07 to 10886.21 kilograms] of excess weight = $4,800 24,001 to 25,000 pounds [10886.66 to 11339.80 kilograms] of excess weight = $5,000 25,001 to 26,000 pounds [11340.25 to 11793.40 kilograms] of excess weight = $5,200 26,001 to 27,000 pounds [11793.86 to 12246.99 kilograms] of excess weight = $5,400 27,001 to 28,000 pounds [12247.45 to 12700.59 kilograms] of excess weight = $5,600 28,001 to 29,000 pounds [12701.04 to 13154.18 kilograms] of excess weight = $5,800 29,001 to 30,000 pounds [13154.63 to 13607.77 kilograms] of excess weight = $6,000 An additional charge of $200 for every 1,000-pound [453.59-kilogram] increase over 30,000 pounds [13607.77 kilograms] consistent with the above formula.

N.D. Cent. Code § 39-12-18 Payment of charges - Confiscation - Sale

39-12-18. Payment of charges - Confiscation - Sale If the charges and costs as provided in section 39-12-17 are not paid immediately from a cash bond previously posted or other cash payment, the judge shall order the vehicle confiscated and sold by the sheriff of the county at a public sale to the highest bidder and the proceeds applied to the payment of the charges and costs assessed under the provisions of sections 39-12-11 through 39-12-22.

N.D. Cent. Code § 39-12-19 Payment - Effect

39-12-19. Payment - Effect The payment of charges may not be construed as a payment for the future use of highways, streets, or roads by vehicles carrying excess loads.

N.D. Cent. Code § 39-12-20 Proceeds of sale - Continuing appropriation

39-12-20. Proceeds of sale - Continuing appropriation The proceeds of sale must be deposited with the state treasurer. For a violation on an interstate or a state highway, the state treasurer shall deposit in the state highway fund an amount equal to the amount of the charges assessed under section 39-12-17 after paying the costs to the county. For any violation, an amount equal to the costs of the proceedings, including attorney's and witness fees and costs, is appropriated on a continuing basis out of the funds collected to the county of prosecution for the purpose of defraying the costs of prosecution. From the proceeds of sale for a violation that did not occur on an interstate or a state highway, the amount of charges assessed under section 39-12-17 is appropriated on a continuing basis and must be deposited in the general fund in the jurisdiction in which the violation occurred and must be used for the support of the road system of that jurisdiction. The balance of the proceeds of any sale after the payment of costs and charges is appropriated on a continuing basis out of the funds collected to be paid to the person entitled to the proceeds as determined by the court or must be deposited with the clerk of court for payment to that person.

N.D. Cent. Code § 39-12-21 Penalty

39-12-21. Penalty Any driver of a vehicle who refuses to stop and submit the vehicle and load to a weighing when directed to do so by any police officer or any agent of this state having police powers relating to motor vehicles is guilty of a class B misdemeanor.

N.D. Cent. Code § 39-12-22 Permissible loads - Exceptions

39-12-22. Permissible loads - Exceptions When any motor truck, truck tractor, or trailer is operated upon the public highways of this state carrying a load in excess of the maximum prescribed under the provisions of sections 39-12-03, 39-12-05, and 39-12-05.3 or other maximum weight limitations prescribed by law, the load must be reduced or shifted to within such maximum limitations before being permitted to operate on any public highway of this state; provided, however, that any such vehicle carrying a load of livestock is exempt from the limitations prescribed in section 39-12-05.3, relating to the carrying capacity of any wheel, tire, axle, or group of axles when excessive weight is caused by a shifting of the weight of the livestock. All material unloaded as required by this section must be cared for by the owner or operator of such vehicle at the risk of such owner or operator.

N.D. Cent. Code § 39-12-23 Governor's order authorizing excess limits

39-12-23. Governor's order authorizing excess limits The governor of this state is hereby authorized, by order of general application, to permit and prescribe definite excess limitations as to size and weight for the operation of motor vehicles in emergencies and to meet unusual conditions for the general welfare of the public. The operation of such vehicles, in accordance with the governor's order, does not constitute a violation of the statutes relative to limitations on sizes and weights.

N.D. Cent. Code § 39-12-24 Authority for cooperative regional permit agreements on excess size or weight vehicles

39-12-24. Authority for cooperative regional permit agreements on excess size or weight vehicles. Repealed by S.L. 2021, ch. 280, § 7.

N.D. Cent. Code § 39-12-25 Bank of North Dakota - Line of credit

39-12-25. Bank of North Dakota - Line of credit Repealed by S.L. 2021, ch. 280, § 7.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t39c12.pdfFetched: 10/16/2026