39-24 Regulation and Registration of Snowmobiles - North Dakota Statutes

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CHAPTER 39-24REGULATION AND REGISTRATION OF SNOWMOBILES39-24-01. Definitions. For the purposes of this chapter:1."Collector snowmobile" means a snowmobile that is twenty-five years old or older,
was originally produced as a separate identifiable make by a manufacturer, and is
owned and operated solely as a collector's item.2."Dealer" means a person engaged in the business of buying, selling, or exchanging
snowmobiles, who advertises or holds out to the public as being engaged in the
buying, selling, or exchanging of snowmobiles, or who engages in the buying of
snowmobiles for resale.3."Operate" means to ride in or on and control the operation of a snowmobile.4."Operator" means every person who operates or is in actual physical control of a
snowmobile.5."Owner" means a person, other than a lienholder, having the property in or title to a
snowmobile and who is entitled to the use or possession of that snowmobile.6."Register" means the act of assigning a registration number to a snowmobile.7."Roadway" means that portion of a highway improved, designed, or ordinarily used
for vehicular travel.8."Snowmobile" means a self-propelled vehicle designed for travel on snow, ice, or a
natural terrain and steered by skis or runners.39-24-02. Snowmobile registration - Title certificate - General requirements. Exceptas hereinafter provided, no person may operate any snowmobile unless the snowmobile has
been registered in accordance with the provisions of this chapter.Any snowmobile purchased after July 1, 1973, must be titled under the provisions ofchapter 39-05 in order to be operated under the provisions of this section. Any snowmobile
purchased prior to July 1, 1973, may be titled under the provisions of chapter 39-05.39-24-03. Registration - Application - Issuance - Fees - Renewal.1.Application for registration must be made to the department in a form as the
department shall prescribe and furnish and must state the name and address of
every owner of the snowmobile and be signed by at least one owner. A copy of the
application must be carried on the person when operating and shall serve as
evidence of registration for a period of not more than thirty days from the date of
application.2.Upon receipt of the application and the appropriate fee, the department shall register
a snowmobile and assign a registration number and a certificate of registration. The
registration number must be at least one and one-half inches [3.81 centimeters] in
height and of a reflectorized material and must be securely affixed on each side of
the snowmobile in a position as to provide clear legibility for identification.Thecertificate of registration must include information regarding the make, year, serial
number, and name and address of the owner.The fee for registration of eachsnowmobile must be five dollars for any portion of the registration period and the
registration period is for two years beginning October first of each odd-numbered
year. The fee for a duplicate or replacement registration number or registration card
which is lost, mutilated, or becomes illegible may not exceed five dollars.InPage No. 1addition, in each year that fees are collected for the unsatisfied judgment fund there
must be assessed a fee of one dollar per year for each snowmobile registered,
which must be placed in the unsatisfied judgment fund.For each snowmobileregistered under the provisions of this chapter, there must be assessed a
snowmobile trail tax in the amount of thirty-five dollars.3.Every owner of a snowmobile shall renew the registration in a manner as the
department shall prescribe, upon payment of the same registration fees provided in
this section.4.Upon application for registration as prescribed in this section, any snowmobile
dealer as defined in section 39-24-01 must be issued registration numbers
distinctively marked as dealer's registration numbers upon payment of the
appropriate fee as prescribed in this section.The dealer's registration numbersmust be used only on snowmobiles owned by the dealership.39-24-03.1. Snowmobile safety fees. Upon the sale of a new or used snowmobile andin addition to other fees and taxes imposed under section 39-24-03, a dealer shall collect a five
dollar safety fee from the buyer. Within fifteen days after the end of each calendar quarter, the
dealer shall file a report with the parks and recreation department which discloses the number of
snowmobiles sold during that calendar quarter and includes fees collected from the buyer. Fees
imposed under this section must be deposited in the state snowmobile fund established under
section 39-24-05.The parks and recreation department may use these funds solely forsnowmobile safety education and promotion. The parks and recreation department shall report
to the director within thirty days of the end of each calendar quarter the motor-powered
recreational vehicle dealers that submitted a safety fee report and the number of vehicles sold,
and shall identify every dealer not collecting or transmitting snowmobile safety fees.39-24-04. Exemption from registration - Exemption from fees.1.A registration number must be issued without the payment of a fee for snowmobiles
owned by the state of North Dakota or any of its political subdivisions upon
application for the registration.2.No registration or fees may be required of:a.Snowmobiles owned and used by the United States or another state or its
political subdivisions.b.Snowmobiles registered in a country other than the United States and
temporarily used within this state.c.Snowmobiles validly licensed in another state and which have not been within
this state for more than thirty consecutive days.d.Snowmobiles operated upon lands owned or leased by the snowmobile owner.e.Snowmobiles incapable of speeds in excess of ten miles per hour and with an
engine displacement of less than one hundred cubic centimeters.f.Collector snowmobiles. The director may issue a special permit to a person to
operate in a parade; organized group outings, including races, rallies, or other
promotional events; and for up to ten days each year for personal
transportation. The director may impose a reasonable restriction of a permittee
and may revoke, amend, suspend, or modify a permit for cause.3.If a snowmobile is exempt from registration under subdivision b or c of subsection 2,
the owner is required to purchase an out-of-state public trails and lands access
permit received upon payment of a fifteen dollar per year fee. The permit must be inPage No. 2the operator's possession when that individual is operating the snowmobile within
the state.Dealers or other agents authorized by the director of the parks andrecreation department who sell out-of-state public trails and lands access permits
may retain one dollar of the fifteen dollar per year fee and the remainder of the fees
collected under this subsection must be deposited in the state snowmobile fund.39-24-05. Disposition of registration fees and trail tax - Transfer from highway taxdistribution fund.Fees from registration of snowmobiles must be deposited with the statetreasurer and credited to the highway tax distribution fund. The snowmobile trail tax must be
deposited in a state snowmobile fund in the state treasury. Additionally, an amount equal to the
tax collected on thirty gallons [113.56 liters] of motor vehicle fuel multiplied by the number of
collector snowmobiles and snowmobiles registered under this chapter must be transferred
annually from the highway tax distribution fund, before allocation of the fund under section
54-27-19, and credited to the state snowmobile fund. The parks and recreation department may,
upon appropriation by the legislative assembly, expend from such fund moneys it deems
necessary for purposes of administering snowmobile safety programs and establishing and
maintaining snowmobile facilities and programs.39-24-06. Transfer or termination of snowmobile ownership or change of addressof owner. Within fifteen days after the transfer of ownership, or any part thereof, other than a
security interest, or the destruction or abandonment of any snowmobile, or a change of address
of the owner as listed with the application for registration, written notice thereof must be given by
the owner to the director in such form as must be prescribed by the director.39-24-07. Licensing by political subdivisions. No political subdivision of this statemay require licensing or registration of snowmobiles subject to the provisions of this chapter.39-24-08. Rules and regulations. Pursuant to this code and this chapter, rules for theregulation and use of snowmobiles must be adopted as follows:1.The director shall adopt rules for the registration of snowmobiles and display of
registration numbers.2.The director has the authority in the interest of public health, welfare, and safety to
regulate, restrict, or prohibit, by rule, the operation of snowmobiles on those
highways under the director's jurisdiction. The director's authority to prohibit the use
of snowmobiles is limited to the roadways, shoulders, inslopes, and medians within
the right of way, except where such action is necessary to avoid an obstacle.
Notwithstanding the racing prohibitions in section 39-08-03.1, the director may, on a
case-by-case basis, permit organized and bona fide snowmobile races on the ditch
bottoms, backslopes, and the top of the backslopes of the highway rights of way
under the director's jurisdiction.The planning, organization, route selection, andsafety precautions of any such race are the sole responsibility of the permittee. It is
expressly provided that the director, and the department and the employees thereof,
shall incur no liability whatsoever for permitting such races.3.The director of the parks and recreation department shall adopt rules for regulating
use of snowmobiles in state parks and other state-owned land under the supervision
of the director of the parks and recreation department.4.The governing bodies of political subdivisions shall promulgate rules and regulations
for regulating use of snowmobiles in recreation and other appropriate areas under
their jurisdiction.The governing bodies of cities may, by ordinance, regulate,restrict, and prohibit the use of snowmobiles when operated within the exclusive
jurisdiction of cities.39-24-09. Rules for operation of snowmobiles.Page No. 31.No person may operate a snowmobile upon the roadway, shoulder, or inside bank or
slope of any road, street, or highway in this state except as provided pursuant to this
chapter. No snowmobile may be operated at any time within the right of way of any
interstate highway within this state except as provided in this section.2.A snowmobile may make a direct crossing of a non-interstate street or highway
provided:a.The crossing is made at an angle of approximately ninety degrees to the
direction of the highway and at a place where no obstruction prevents a quick
and safe crossing;b.The snowmobile is brought to a complete stop before crossing the shoulder or
main traveled way of the highway;c.The driver yields the right of way to all oncoming traffic which constitutes an
immediate hazard; andd.In crossing a divided highway, the crossing is made only at an intersection of
such highway with another public street or highway.3.No snowmobile may be operated unless it is equipped with at least one headlamp,
one taillamp, and brakes, all in working order, which conform to standards
prescribed by rule of the director pursuant to the authority vested in the director by
this code and this chapter.4.The emergency conditions under which a snowmobile may be operated other than
as provided by this chapter must be such as to render the use of an automobile
impractical under such conditions at such period of time and location.5.It is unlawful for any person to drive or operate any snowmobile in the following ways
which are declared to be unsafe and a public nuisance:a.At a rate of speed greater than reasonable or proper under all the surrounding
circumstances.b.In a careless, reckless, or negligent manner so as to endanger the person or
property of another or to cause injury or damage to such person or property.c.While under the influence of intoxicating liquor or a drug as defined in section
39-24.1-01, or a combination thereof.d.Without a lighted headlamp and taillamp when required for safety.e.In any tree nursery or planting in a manner which damages or destroys growing
stock.f.Without a manufacturer-installed or equivalent muffler in good working order
and connected to the snowmobile exhaust system.g.Upon any private land where the private land is posted by the owner or tenant
prohibiting trespassing. The name of the person posting the land must appear
on each sign in legible characters. The posted signs must be readable from the
outside of the land and must be placed conspicuously at a distance of not more
than eight hundred eighty yards [804.68 meters] apart, provided further that as
to land entirely enclosed by a fence or other enclosure, posting of signs at or on
all gates through the fence or enclosure constitutes a posting of all the enclosed
lands.Page No. 46.It is unlawful for any person to operate a snowmobile pursuant to chapter 39-24
without having in possession a valid driver's license, except as provided by section
39-24-09.1.7.If a snowmobile is operated within the right of way of any road, street, or highway of
this state under this chapter, during times or conditions that warrant the use of lights,
the snowmobile operator shall travel in the same direction as the direction of motor
vehicles traveling on the side of the roadway immediately adjacent to the side of the
right of way traveled by the snowmobile. An operator of a snowmobile traveling on a
snowmobile trail maintained by the parks and recreation department which is within
the right of way of any road, street, or highway of this state is exempted from this
rule.The operator shall wait for all traffic to clear the roadway before crossingbridges and other similar structures.8.It is unlawful for any person to operate a snowmobile within a highway right of way
as defined in subsection 38 of section 24-01-01.1 between April first and November
first of any year.9.No snowmobile may be operated at any time within the right of way of any highway
within this state while towing a sled, skid, or other vehicle, unless the sled, skid, or
other vehicle is connected to the snowmobile by a hinged swivel and secure hitch.10.No person under the age of eighteen years may operate, ride, or otherwise be
propelled on a snowmobile unless the person wears a safety helmet meeting United
States department of transportation standards.11.A person may not operate a snowmobile, and an owner of a snowmobile may not
knowingly permit the snowmobile to be operated, upon any property maintained,
leased, or owned by the state parks and recreation department to which the public
has a right of access for snowmobile or other vehicular use, without a policy of
liability insurance which insures the person named, and any person using the
snowmobile with the express or implied permission of the person named, against
loss from the liability imposed by law for damages arising out of the ownership,
maintenance, or use of the snowmobile within this state, subject to the following
limits, exclusive of interest and costs, with respect to each snowmobile: twenty-five
thousand dollars because of bodily injury to or death of one person in any one
accident and, subject to the limit for one person, fifty thousand dollars because of
bodily injury to or death of two or more persons in any one accident, and twenty-five
thousand dollars because of injury to or destruction of property of others in any one
accident.Upon request of a law enforcement officer, a person operating asnowmobile shall provide proof of liability insurance to that officer within twenty days.12.A snowmobile may not be operated within the right of way of any interstate highway
within this state except:a.For emergency purposes; orb.Across an interstate highway on an overpass or underpass, except where
otherwise prohibited by law or by signing, provided the snowmobile crosses on
the extreme right side of the overpass or underpass.39-24-09.1. Operation by individuals at least twelve years of age.An individualtwelve years of age and over may not operate a snowmobile unless the individual is in
possession of a valid driver's license, operates the snowmobile on private land, or unless the
individual has completed a snowmobile safety training course as prescribed by the director of the
parks and recreation department pursuant to chapter 28-32 and has received the appropriate
snowmobile safety certificate issued by the director of the department of transportation. The
failure of an operator to exhibit a snowmobile safety certificate upon demand to any official
authorized to enforce this chapter is presumptive evidence that the individual is not the holder ofPage No. 5the certificate. Fees collected from each individual receiving certification must be deposited into
the snowmobile trail tax fund for purposes of establishing snowmobile safety programs.39-24-10. Enforcement. Peace officers of this state and their respective duly authorizedrepresentatives are hereby authorized to enforce the provisions of this chapter.39-24-11. Penalties. Any person who violates subsection 12 of section 39-24-09 mustbe assessed a fee of one hundred dollars.Any person who violates subdivision b or g ofsubsection 5 of section 39-24-09 is guilty of a class B misdemeanor. Any person who violates
subdivision c of subsection 5 of section 39-24-09 is guilty of an infraction or a class B
misdemeanor as determined by section 39-24.1-07. Any person who violates subsection 11 of
section 39-24-09 is guilty of a class B misdemeanor and must be assessed a fine of at least one
hundred dollars.Any person who violates any other provision of section 39-24-09 must beassessed a fee of twenty dollars. Any person, unless specifically exempted, who fails to register
or fails to display a decal as required by sections 39-24-02 and 39-24-04 must be assessed a fee
of fifty dollars. If the person provides proof of registration after the violation, the fee may be
reduced by one-half. Any person who violates any other provision of this chapter for which a
specific penalty is not provided must be assessed a fee of ten dollars.Page No. 6Document Outlinechapter 39-24 regulation and registration of snowmobiles