AN ACT to amend and reenact section 39-29-01, subsection 4 of section 39-29-08, and section 39-29-12 of the North Dakota Century Code, relating to the regulation of the operation of off-highway vehicles and political subdivision rules regulating off-highway vehicles; and to provide a penalty.
HB 1346 revises North Dakota’s off-highway vehicle law in three main ways. First, it updates and clarifies the statutory definitions for off-highway vehicles and related terms, including the categories of Class I, Class II, and Class III off-highway vehicles. The bill also expressly states that an electric bicycle is not an off-highway vehicle.
Second, the bill strengthens and clarifies local authority over off-highway vehicle use. It provides that city and county governing bodies may adopt rules to regulate off-highway vehicles in areas under their jurisdiction and may, by ordinance, regulate, restrict, or prohibit their use within city limits or in county areas under exclusive local jurisdiction. Third, it revises the penalty section for violations of the off-highway vehicle chapter, increasing some infraction fees and adjusting the penalty structure for certain violations, while retaining class B misdemeanor treatment for specified serious violations.
The bill amends sections 39-29-01, 39-29-08, and 39-29-12 of the North Dakota Century Code, affecting how off-highway vehicles are defined, how local governments may regulate them, and what penalties apply for violations. It expands or clarifies municipal and county regulatory authority over off-road vehicle use and increases certain fines from lower amounts to higher amounts, which may affect riders, owners, dealers, and local enforcement agencies.
The bill appears to have broad bipartisan support and little visible opposition. It passed the House 83-6 and the Senate 44-0, suggesting general agreement on clarifying off-highway vehicle rules and strengthening local control. The absence of committee transcript material limits insight into debate, but the vote totals indicate the measure was largely viewed favorably.
The main potential point of contention is the balance between statewide uniformity and local control. By allowing cities and counties to regulate, restrict, or prohibit off-highway vehicle use in their jurisdictions, the bill could be seen as giving local governments more discretion at the expense of riders who prefer consistent statewide rules. Another possible issue is the increase in penalties, which may be viewed as necessary for enforcement by some and as burdensome by others, but the recorded votes suggest these concerns did not generate significant opposition.