North Dakota Century Code t39c04

CHAPTER 39-04

MOTOR VEHICLE REGISTRATION

39-04-01. Definitions.

Repealed by S.L. 1987, ch. 439, § 2.

39-04-02. Application for the registration of a vehicle - Contents - Penalty.

Application for the registration of a vehicle must be made as provided in this section:

1. Application must be made by the owner thereof using the legal name as evidenced by

a valid state-issued driver's license, identity card, or any other documentary evidence

that confirms to the satisfaction of the director the true identity of the owner, upon

appropriate forms approved or furnished by the department, and every application

must be signed by the owner and must contain the owner's county of residence,

address, and a brief description of the vehicle to be registered, including the name of

the maker, either the engine, serial, or identification number, if any, whether new or

used, and the last license number known, and the state in which issued, and, upon the

registration of a new vehicle, the date of sale by the manufacturer or dealer to the

person first operating the vehicle. When two or more owners are designated, at least

one of the owners must comply with the identification requirement in this subsection

and all names used must be legal names. The application must contain other

information as may be required by the department.

2. If the vehicle for which registration is sought is a specially constructed, reconstructed,

or foreign vehicle, the facts must be stated in the application. The owner of every

vehicle which has been registered outside this state shall exhibit to the department the

certificate of the title and registration card or other evidence as will satisfy the

department that the applicant is the lawful owner or possessor of the vehicle.

3. If the vehicle for which registration is sought is a new vehicle, no registration may be

issued unless a certificate of origin executed by the manufacturer of such vehicle is

attached to the application for registration or is attached to the application for the

certificate of title for such vehicle. If the new vehicle for which registration is sought is

of foreign manufacture, the certificate of origin must be furnished by the importer of

such vehicle. The manufacturer or importer of all new vehicles shall designate the total

shipping weight of the vehicle on the certificate of origin.

4. In applying for registration the buyer shall state the buyer's post-office address and

county and city or township of residence and the dealer shall make specific inquiry

relative thereto before completing the application.

5. If the registration is for a semitrailer tank designated as MC306, MC307, MC312,

MC330, MC331, or MC338, the applicant must show, upon request by an officer of the

highway patrol, the status of compliance with hazardous material rules of the United

States department of transportation or of this state. Violation of this subsection is

punishable by a fine of one hundred dollars.

39-04-02.1. Change of address.

Whenever any person after making application for or obtaining the registration of a vehicle

moves from the address named in the application or shown upon a registration card such

person shall within ten days thereafter notify the department of the person's old and new

addresses.

39-04-03. Size of tires to be given in application when truck, combination truck, or

trailer registered.

Repealed by S.L. 1971, ch. 355, § 1.

39-04-04. Register of applicants to be kept by the department.

The department shall file each application received, and when satisfied as to the

genuineness and regularity thereof, and that the applicant is entitled thereto, shall register the

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described vehicle and the owner in books or electronic data processing files or on index cards

or film as follows:

1. Under a distinctive registration number assigned to the vehicle and its owner, referred

to in this chapter as the registration number.

2. Alphabetically under the name of the owner.

3. Numerically by the serial or identification number of the vehicle.

4. In the discretion of the department, in any other manner it may deem desirable.

39-04-05. Grounds for refusing registration.

The department shall refuse registration or any transfer of registration upon any of the

following grounds:

1. That the application contains any false or fraudulent statement or that the applicant

has failed to furnish required information or reasonable additional information

requested by the department or that the applicant is not entitled to registration of the

vehicle under this chapter.

2. That the vehicle is mechanically unfit or unsafe to be operated or moved upon the

highways.

3. That the department has reasonable ground to believe that the vehicle is a stolen or

embezzled vehicle or that the granting of registration would constitute a fraud against

the rightful owner or other person having valid lien upon the vehicle.

4. That the registration of the vehicle stands suspended or revoked for any reason as

provided in the motor vehicle laws of this state.

5. That the required fee has not been paid.

6. When any sales tax or motor vehicle excise tax, properly due, has not been paid.

7. For failure to maintain security for payment of basic no-fault benefits and the liabilities

covered under motor vehicle liability insurance on a motor vehicle as required by

chapter 26.1-41.

8. For failure to provide proof of payment of the heavy vehicle use tax due, as required,

to the internal revenue service.

9. When the vehicle is operating in violation of the provisions of the international

registration plan, international fuel tax agreement, or the unified carrier registration

plan.

10. When a motor carrier has been ordered out of service by the federal motor carrier

safety administration.

The director shall promulgate rules and regulations for refusal of registration of vehicles not

equipped as required by chapter 39-21.

39-04-05.1. Refusal to register vehicle - Revoking registration - Appeal.

1. If the department determines that an applicant for registration of a vehicle is not

entitled to registration, it may refuse to register the vehicle. The applicant has no

further right to apply for registration on the statements contained in the application

unless the department reverses its decision or its decision is reversed by a court of

competent jurisdiction.

2. The department may, after giving notice to the owner and an opportunity for a hearing,

revoke the registration of a vehicle if it determines that the vehicle is not entitled to

registration. The notice must be served in person or by registered or certified mail.

39-04-06. When registration rescinded or suspended.

The department shall rescind or suspend the registration of a vehicle for any of the

following:

1. When the department determines a vehicle is unsafe or unfit to be operated or is not

equipped as required by law.

2. When the person to whom the registration card or registration number plates have

been issued makes or permits any unlawful use of the same or permits the use thereof

by a person or on a vehicle not entitled thereto.

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3. When the department finds that a vehicle is registered in accordance with a reciprocity

agreement, arrangement, or declaration and the vehicle is operated in violation of the

agreement.

4. When the department determines that a motor vehicle is not covered by security for

payment of basic no-fault benefits and the liabilities covered under motor vehicle

liability insurance as required by chapter 26.1-41.

5. When the department is satisfied that the registration or registration card, plate, or

permit was fraudulently or erroneously issued.

6. When a registered vehicle has been dismantled or wrecked.

7. When a registration card, registration plate, or permit is knowingly displayed upon a

vehicle other than the one for which issued.

8. When the department determines that the owner has committed any offense under this

chapter involving the registration or the registration card, plate, or permit to be

suspended or rescinded.

9. When the purchaser or transferee of a vehicle fails to present the endorsed and

assigned certificate of title to the department for transfer and make application for a

new certificate of title within thirty days as required by section 39-05-17.

10. When the department determines a vehicle is operating in violation of the provisions of

the international fuel tax agreement.

11. When a motor carrier has been ordered out of service by the federal motor carrier

safety administration.

Any registration suspended for any of the above reasons must be restored upon compliance

with the laws governing vehicle registration.

Whenever a check is returned to the department for want of payment the department shall

rescind the registration of the vehicle covered by the check.

Any registration rescinded for want of payment of a check must be restored upon payment

of the registration fee and a reasonable cost not to exceed twenty dollars for the collection of the

check. If a returned check has a value exceeding one thousand dollars, the department shall

also collect an additional fee of one percent of the value of the check.

39-04-07. Department to suspend registration upon notice of theft or embezzlement.

Whenever the owner of any motor vehicle which is stolen or embezzled files an affidavit

alleging either of such facts, the department immediately shall suspend the registration of such

vehicle and may not transfer the registration thereof nor reregister the same until such time as it

is notified that the owner has recovered such vehicle. Notices given as provided in this section

are effective only during the current registration year in which given, but if during such year such

vehicle is not recovered a new affidavit may be filed with like effect during the ensuing year.

Every owner who has filed an affidavit of theft or embezzlement immediately must notify the

department of the recovery of such vehicle.

39-04-08. Number plates furnished by the department.

The department shall furnish to every motor vehicle owner two number plates for each

registered motor vehicle, and one number plate for each registered motorcycle, trailer, or

housetrailer. The department may, in its discretion, furnish only one number plate for each

registered apportioned vehicle licensed under the international registration plan as authorized in

section 39-19-04, truck tractor, or semitrailer.

39-04-08.1. Assignment of motor vehicle number plates.

Motor vehicle number plates may not be assigned as a reward for any political activity, in

recognition of any political affiliation or membership in any political party, or on the basis of

political favoritism. However, an elected state office may be assigned a single or double digit

number on a number plate as requested by that official. The department of transportation may

adopt rules governing the assignment of numbers on motor vehicle number plates in

accordance with this section.

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39-04-09. Director may design and issue number plates.

The director may design and issue plates of distinctly different color for each classification of

motor vehicle, and there must at all times be a marked contrast between the background color

of the plates and that of the numerals and letters on the plates. License plates must be acquired

from the North Dakota state penitentiary if the penitentiary has the facilities to manufacture

license plates. The director shall make a general issue during the biennium beginning July 1,

2013, and ending June 30, 2015, and continuing into the biennium beginning July 1, 2015, and

ending June 30, 2017.

39-04-09.1. Commemorative Lewis and Clark number plates.

Repealed by S.L. 2015, ch. 260, § 1.

39-04-10. Special plates for amateur radio station licenseholders.

Owners of motor vehicles required to be registered under subdivisions a and b of

subsection 2 of section 39-04-19, who hold an unrevoked and unexpired official amateur radio

station license issued by the federal communications commission, Washington, D.C., may

receive special plates. The plates will be issued upon application to the department,

accompanied by proof of ownership of the amateur radio station license, compliance with the

state motor vehicle laws relating to registration and licensing of motor vehicles, and payment of

the regular license fee, as prescribed under the North Dakota motor vehicle laws. The special

plates will be issued in lieu of the plates ordinarily issued, and must have inscribed on them the

official amateur radio call letters of the applicant as assigned by the federal communications

commission.

39-04-10.1. Manufacturer's plate - Fee.

A resident factory representative of any motor vehicle manufacturer may procure from the

director a manufacturer's plate, which must be designed by the director, for a fee of one

hundred fifty dollars, which fee is for a twelve-month period. If such plate is procured at other

than the beginning of the registration period, such fees must be prorated on a monthly basis.

The procurement of such manufacturer's plate by a factory representative is in lieu of the

payment of any other registration fees, sales tax, or use tax on the motor vehicle used by the

factory representative in the course of employment for the period for which the manufacturer's

plate is current and valid. The manufacturer's plate may not be used by any person other than

the representative to whom it was issued, nor may such plate be used on any vehicle other than

that vehicle used by the factory representative in the course of employment. Upon the sale of

the vehicle for which such manufacturer's plate was issued, the plate must be retained by the

factory representative and used upon replacement vehicles subsequently acquired from the

manufacturer for use in the course of employment.

In addition to the foregoing provisions, a manufacturer of motor vehicles is entitled to use a

manufacturer plate on its demonstration vehicles. Such plate must be issued in the name of the

manufacturer and must be used solely for demonstration purposes only by the registrant or its

designated employees.

39-04-10.2. Special plates for mobility-impaired individuals.

The director may issue, without charge, upon application and payment of the regular license

fee, plates marked with the international symbol of accessibility for the mobility impaired, to a

motor vehicle owner possessing a parking certificate issued under subsection 4 of section

39-01-15. One set of plates per mobility-impaired individual may be issued to a vehicle the

mobility-impaired individual is not listed as the owner of if the vehicle is designated for the

exclusive use of transporting that mobility-impaired individual. This section is not applicable to

an applicant possessing more than one parking certificate issued under subsection 4 of section

39-01-15.

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39-04-10.3. Personalized plates.

At the request of a registrant, the department may provide special license plates marked

with not more than seven numerals, letters, or combinations of numerals and letters, upon

application for a special license plate and payment of an additional fee of twenty-five dollars per

registration period, unless the plate is a gold star license plate or a prisoner of war license plate,

then there is no additional charge. A personal plate containing a restricted character may not be

renewed. The department shall make the special license plates authorized by this section

available for motor vehicles registered under section 39-04-10.6, trailers, travel trailers, and

motorcycles. The fee for the special license plates issued under this section for vehicles

registered under section 39-04-10.6 is a one-time fee of one hundred dollars. The special

license plates for motorcycles may contain not more than six numerals, letters, or a combination

of not more than six numerals and letters. In the event of sale or transfer of the vehicle, the

owner shall remove the special license plates in accordance with section 39-04-36. Upon

payment of the applicable transfer fee, the special license plates may be transferred to a

replacement motor vehicle.

39-04-10.4. Antique motor vehicles - License and fee - Use.

1. Any motor vehicle which is at least forty years old may be permanently licensed by the

department upon the payment of a registration fee of ten dollars. The department shall

design and issue a distinctive number plate for this purpose. In lieu of the distinctive

number plate, the owner of the motor vehicle may, at the discretion of the director,

display on the motor vehicle a number plate from the year in which the motor vehicle

was manufactured or in the case of military vehicles, military identification numbers.

The number plate from the year of manufacture or military identification numbers may

not be used in lieu of a distinctive number plate when it would create a duplication of a

number in the recordkeeping system of the department. A number plate from the year

of manufacture or military identification numbers must be legible and must be restored

to the satisfaction of the department. Notwithstanding section 39-04-11, only one

number plate needs to be displayed on a motor vehicle licensed under this subsection.

Motor vehicles registered under the provisions of this section may not be used in the

routine functions of a business or farming operation.

2. Any motor vehicle which is at least forty years old may, if not licensed under

subsection 1, be permanently licensed using a personalized plate issued under section

39-04-10.3, in which case a one-time fee of one hundred dollars is due.

39-04-10.5. Prisoner of war plates - Transfer to certain surviving spouses -

Retirement.

On the death of a prisoner of war to whom was issued a special number plate under

subdivision o of subsection 2 of section 39-04-18, the director shall comply with this section. If

the deceased prisoner of war was survived by a spouse, the director shall transfer the number

plate to that spouse's name, and the spouse may retain the number plate as an active plate. If

the surviving spouse remarries, then within thirty days of that remarriage, the surviving spouse

shall surrender the plate to the director. On receipt of a surrendered plate, on the death of the

surviving spouse, or if the deceased prisoner of war had no surviving spouse, the director shall

retire the number used on the number plate. On retirement of a number plate and at the request

of the survivors of the deceased prisoner of war, the director shall issue to the survivors one

commemorative plaque resembling the number plate that had been issued to the prisoner of

war.

39-04-10.6. Registration of motor vehicles owned by collectors.

A person who owns a motor vehicle that is at least twenty-five years old but that is not

eligible for registration under section 39-04-10.4 may register that motor vehicle as a collector's

motor vehicle. The motor vehicle is eligible for collector's registration if it is owned and operated

solely as a collector's item and if the owner owns another motor vehicle the owner uses for

general transportation. A motor vehicle qualifies as a collector's item under this section only if it

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is operated on public streets and highways for the purpose of driving the vehicle to and from

active entry and participation in parades, car shows, car rallies, other public gatherings held for

the purpose of displaying or selling the vehicle, and to and from service or storage facilities. An

applicant for registration of a vehicle as a collector's motor vehicle shall file an affidavit with the

director that states the owner's name and address, the make, year, and the manufacturer's

identification number of the motor vehicle, and a statement that the motor vehicle is owned and

operated solely as a collector's item and not for general transportation purposes. If the director

is satisfied that the affidavit is true and correct, the director shall register the motor vehicle as a

collector's motor vehicle on the payment of a registration fee of sixty dollars. The registration is

valid as long as the collector's motor vehicle is owned by the person who applied for the

registration under this section. The director shall design and issue distinctive number plates for

collector's motor vehicles registered under this section. In lieu of the distinctive number plates,

the owner of the motor vehicle, at the discretion of the director, may display on the motor vehicle

number plates from the year in which the motor vehicle was manufactured. The number plates

from the year of manufacture may not be used in lieu of distinctive number plates when it would

create a duplication of a number in the recordkeeping system of the department. Number plates

from the year of manufacture must be legible and must be restored to the satisfaction of the

department. A person violating this section or a department rule regarding this section forfeits

the right to the registration provided in this section and any registration fees that have been

paid.

39-04-10.7. Special number plates for farm vehicles.

The director shall issue, without an additional charge, upon application and payment of the

registration fee, special number plates or validation decals making them distinctly different from

other number plates, to any person registering a truck or combination of trucks and trailers as a

farm vehicle under section 39-04-19. The director shall determine the form and size of the

special number plates or validation decals and shall adopt rules governing the issuance of these

special number plates or validation decals.

39-04-10.8. National guard number plates.

The director, in cooperation with the adjutant general, shall issue distinctive number plates

to members of the national guard. A plate issued under this section must bear the national guard

insignia designated by the adjutant general and the letters "NG" before the number. The director

may issue the plates to the owner of a passenger motor vehicle, a truck the registered gross

weight of which does not exceed twenty thousand pounds [9071.84 kilograms], or a motorcycle.

On request of the director, the adjutant general shall certify those members of the national guard

eligible to receive the plates. On payment of all other fees required under this chapter for

registration of the motor vehicle, and payment of an additional fee of not more than five dollars

to cover the cost of issuing the distinctive number plates, the applicant is entitled to issuance of

the distinctive number plates. A registrant is eligible for distinctive number plates under this

section if the registrant is a member of the national guard or if the registrant has retired from the

national guard after twenty years or more of military service. On termination of the registrant's

eligibility, the registrant shall return the distinctive number plates to the director, who shall

reissue for a fee of not more than five dollars another number plate to which that registrant is

entitled under this chapter. The director and adjutant general shall cooperate in establishing

procedures to implement this section.

39-04-10.9. Law enforcement plates.

Upon request, the department shall issue identical plates that contain the word "SHERIFF"

for the vehicles used and owned by a sheriff's department and the word "POLICE" for the motor

vehicles used and owned by a city's police department. The plates must be in black letters and

on the designed background in use at the time of issuance. The plates must be provided at

actual cost. Notwithstanding section 39-04-11, the plates are the property of the law

enforcement agency to which issued. At an appropriate time, replacement of the plates must

occur whenever the designed background used by the state changes. Notwithstanding section

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39-04-11, a motor vehicle that displays a plate under this section must have a clearly visible

distinctive identification number on the rear of the vehicle assigned by the appropriate law

enforcement agency.

39-04-10.10. North Dakota veterans' number plates.

1. The director may issue distinctive number plates to individuals eligible for interment in

the North Dakota veterans' cemetery. The director shall issue a number plate under

this section upon receiving:

a. Payment of all other fees required under this chapter for registration of a motor

vehicle;

b. Payment of an initial fee of fifteen dollars of which ten dollars is to be deposited in

the highway tax distribution fund and five dollars is to be deposited in the

veterans' cemetery maintenance fund unless for a plate issued to a veteran who

has been awarded the purple heart, then there is not an initial fee; and

c. Verification of subsequent payments of an annual surcharge of ten dollars paid to

the adjutant general unless for a plate issued to a veteran who has been awarded

the purple heart, then there is not an annual surcharge.

2. The department shall collect the fees and the ten dollar surcharge under this section.

The department shall report to the legislative assembly on the funds collected under

this section during each legislative session. The department shall pay the funds

collected under subdivisions b and c of subsection 1 to the adjutant general monthly,

who then, within ten days of receipt of the funds, shall deposit five dollars of each

initial fee in the veterans' cemetery maintenance fund and the ten dollar surcharge

shall be divided with five dollars being deposited in the veterans' cemetery trust fund

and five dollars being deposited in the veterans' cemetery maintenance fund in the

state treasury. Investment of the fund is the responsibility of the state treasurer who

shall have full authority to invest the fund only in the same manner as the state

investment board is authorized to make investments. At the request of the adjutant

general, the interest in the veterans' cemetery trust fund must be deposited in the

veterans' cemetery maintenance fund for the purpose of funding salaries and

maintenance of the veterans' cemetery.

3. The veterans' cemetery trust fund may accept funds from private and federal sources.

39-04-10.11. Firefighter's association plates.

The director, in cooperation with the North Dakota firefighter's association, shall design a

decorative decal that contains an insignia representing service in the pursuit of firefighting and

which is to be placed on a distinctive number plate. On payment of all other fees required under

this chapter for registration of the motor vehicle, and payment of an additional annual fee of

fifteen dollars for deposit in the highway fund, the applicant is entitled to issuance of the decals

and plates. However, the director may not issue the decal and plates to the owner of a

passenger motor vehicle or a truck the registered gross weight of which exceeds twenty

thousand pounds [9071.84 kilograms]. A registrant is eligible for distinctive number plates under

this section if the registrant is a member of the North Dakota firefighter's association. On

request of the director, the North Dakota firefighter's association shall certify those members of

the North Dakota firefighter's association eligible to receive the decals and plates. On

termination of the registrant's eligibility, the registrant shall return the decals and plates to the

director, who shall reissue for a fee of not more than five dollars another number plate to which

that registrant is entitled under this chapter. The director and the North Dakota firefighter's

association shall cooperate in establishing procedures to implement this section.

39-04-10.12. North Dakota future farmers of America foundation number plates.

The director shall design a decorative decal that contains the insignia of the North Dakota

FFA foundation to be placed on a distinctive number plate. On payment of all other fees required

under this chapter for registration of the motor vehicle and payment of an additional fee of ten

dollars, the applicant is entitled to issuance of the decals and plates. However, the director may

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not issue the decals and plates to the owner of a passenger motor vehicle or a truck the

registered gross weight of which exceeds twenty thousand pounds [9071.84 kilograms].

39-04-10.13. Public or nonprofit organization number plate.

1. The director shall develop an organization number plate program for distinctive

number plates for qualifying public and for nonprofit organizations recognized by the

internal revenue service as tax exempt under 26 U.S.C. 501(c)(3). When appropriate,

the department shall design a distinctive number plate to minimize the changes to a

single application of overlay on the left side of the number plate. The organization may

submit a design for the distinctive number plate for approval by the director. Upon

approval by the director and proper application with proof of a minimum of fifty

applicants and a one-time payment of one thousand five hundred dollars for a certain

organization's number plate, the director shall include the number plate in the

organization number plate program.

2. The following organizations do not qualify for an organization number plate:

out-of-state colleges and universities; groups within high schools, junior colleges,

universities, and technical schools, including individual boosters, athletic boosters, and

similar groups; unions; political organizations; religious organizations; groups that

promote racial or social disharmony; and public offices.

3. Upon proper application for a plate in the organization number plate program and

payment of all other fees required under this chapter for registration of the motor

vehicle and payment of an additional annual fee of twenty-five dollars, a qualified

applicant is entitled to issuance of a certain organization number plate. However, the

director may not issue the plates to the owner of a passenger motor vehicle or a truck

the registered gross weight of which exceeds twenty thousand pounds [9071.85

kilograms].

4. The director shall deposit ten dollars of the additional organization number plate fee in

the highway tax distribution fund and transfer monthly fifteen dollars to the proper

organization to support programs of that organization.

39-04-10.14. North Dakota gold star number plates.

1. The director may issue distinctive number plates to a surviving spouse, parent,

including stepmother, stepfather, parent through adoption, and foster parent who

stands or stood in loco parentis, grandparents, child, including stepchild and child

through adoption, and sibling, including half-brother and half-sister, of a member of the

armed forces of the United States who died while serving on active duty during a time

of military conflict. The director shall issue a number plate under this section upon

receiving payment of all other fees required under this chapter for registration of a

motor vehicle.

2. Plates issued under this section must bear a gold star emblem logo on the left side of

the plate and the letters "GS" before the number. The director shall cooperate with the

director of the department of veterans' affairs to design the gold star emblem logo. The

director may issue one set of plates per eligible owner of a passenger motor vehicle or

a truck the registered gross weight of which does not exceed twenty thousand pounds

[9071.85 kilograms].

3. On request of the director, the department of veterans' affairs shall certify those

surviving family members of deceased members of the United States armed forces

listed above as eligible to receive the plates.

4. Once declared eligible for a gold star plate, the department may not remove the

eligibility of a surviving family member.

5. Once a plate number is issued to an eligible family member, the department may not

assign the plate to another eligible person.

39-04-10.15. Patriotic number plates.

1. The director shall issue patriotic plates under this section upon receiving:

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a. Payment of all other fees required under this chapter for registration of a motor

vehicle;

b. Payment of an initial fee of twenty-five dollars of which twenty dollars is deposited

in the highway tax distribution fund and five dollars is deposited in the veterans'

postwar trust fund; and

c. Payment of an annual surcharge of twenty-five dollars of which ten dollars is

deposited in the highway tax distribution fund and fifteen dollars is deposited in

the veterans' postwar trust fund.

2. The department shall collect the initial fees and the annual surcharges under this

section. Deposits in the veterans' postwar trust fund under this section must be added

to the principal of the fund. Investment of the fund is the responsibility of the state

treasurer who shall have full authority to invest the fund only in the same manner as

the state investment board is authorized to make investments.

3. Patriotic plates must include a flag of the United States decal plate, bald eagle decal

plate, or boonie stomper decal plate.

39-04-10.16. Special vehicle license plates for volunteer emergency responders,

volunteer firefighters, and volunteer search and rescue personnel.

1. As used in this section:

a. "Fire department" means a certified city fire department, certified rural fire

department, or certified fire protection district that has filed a certificate of

existence under section 18-04-02.

b. "Volunteer emergency responder" means an emergency medical services

provider certified by the department of health and human services and the

individual's squad leader for a continuous period exceeding two years and who

receives an annual compensation of less than ten thousand dollars.

c. "Volunteer firefighter" means an active member in good standing with a North

Dakota fire department who has had a continuous membership for a period

exceeding two years and receives an annual compensation of less than

ten thousand dollars from the fire department.

d. "Volunteer search and rescue personnel" includes water and dive rescue

personnel and means an active member:

(1) Of an organization that at the request of a state entity, political subdivision,

or volunteer fire department deploys, coordinates, and uses available

resources and personnel in locating, relieving the distress of, preserving the

life of, or extracting an individual who is missing, trapped, or lost in remote

areas or waters of the state;

(2) In good standing and with continuous membership for a period exceeding

two years with an organization under paragraph 1; and

(3) Who receives an annual compensation of less than ten thousand dollars

from an organization under paragraph 1.

2. Upon application, the director shall issue red personalized plates to volunteer

emergency responders, volunteer firefighters, and volunteer search and rescue

personnel at no initial or annual cost to the volunteers. Qualified applicants are eligible

to receive one set of plates. Plates may not be displayed on a vehicle with a registered

gross weight exceeding twenty thousand pounds [9071.85 kilograms]. The first three

digits of the plate are the last three digits of the zip code where the volunteer's

department or organization is located. The remaining space may contain up to three

characters of the volunteer's choosing. This plate serves as an entrance pass to all

North Dakota state parks. In cooperation with the volunteer organizations, the director

shall designate qualifications and verification procedures for the plates issued under

this section.

3. On termination of the registrant's eligibility, the registrant shall return the plates to the

director, who shall reissue for a fee of not more than five dollars, and upon payment of

applicable registration fees, another number plate to which that registrant is entitled

under this chapter.

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4. If a registrant fails to return the plates to the director, the director, upon notification of

the registrant's ineligibility, may revoke the plates and reissue for a fee of not more

than five dollars, and upon payment of applicable registration fees, another number

plate for which the registrant is entitled under this chapter.

39-04-11. Display of number plates and tabs.

Unless otherwise provided by law, an individual may not operate a vehicle on a public

highway of this state unless the vehicle has a distinctive number assigned to the vehicle by the

department, and two number plates, bearing the distinctive number conspicuously displayed,

horizontally and in an upright position, one on the front and one on the rear of the vehicle, each

securely fastened, except number plates assigned to a housetrailer must be attached to the rear

of the housetrailer. Number plates assigned to a motorcycle or trailer must be attached to the

rear of the motorcycle or trailer and may be displayed vertically. When only one number plate is

furnished for an apportioned vehicle registered under the international registration plan as

authorized in section 39-19-04, truck tractor, or semitrailer, the plate must be attached to the

front of the apportioned vehicle or truck tractor and the rear of the semitrailer. The bottom of

each number plate must be at a height of not less than twelve inches [30.48 centimeters] above

the level surface upon which the vehicle stands. Each plate must be mounted in a visible

manner that clearly displays the distinctive number assigned to the vehicle and the name of the

state on the plate. As far as is reasonably possible, the plates must at all times be kept free and

clear of mud, ice, or snow so as to be clearly visible and all number plates, markers, or evidence

of registration or licensing except for the current year must be removed from the vehicle. All

vehicle license plates issued by the department are the property of the department for the

period for which the plates are valid. An annual registration tab or sticker for the current

registration year must be displayed on each number plate, in the area designated by the

department for the tab or sticker, in those years for which tabs or stickers are issued in lieu of

number plates.

39-04-12. Contents of number plates - Size of letters and numerals on plates -

Reflectorized - Tabs or stickers.

1. Number plates must be of metal or other suitable material bearing the name of the

state, either in full or by abbreviation, the number of the year, the slogan "Peace

Garden State" and a distinctive number for assignment to each vehicle. The distinctive

number may be in figures or a combination of figures and letters and must be of a size

clearly distinguishable by law enforcement officers and individuals generally. To reduce

highway accidents at night all number plates must be legible for a minimum distance of

one hundred feet [30.48 meters] to an approaching motorist by day or night with lawful

headlight beams and without other illumination. Each plate must be treated with a

reflectorized material according to the specifications prescribed by the department.

The department shall furnish for each annual registration a year plate, tab, or sticker to

designate the year registration. The plate, tab, or sticker must show the registration

year for which issued, and is valid only for that year.

2. The department may provide to an owner of a fleet of one hundred or more vehicles

number plates that are valid for as many as six consecutive years and that are exempt

from the requirements of evidence of annual validation. The registrant shall file with the

department a corporate surety bond in an amount the department determines to be

reasonable and adequate, and conditioned that the owner will pay the annual fee at

the beginning of each annual registration period for which the number plates are valid.

39-04-13. Duplicates to be obtained of number plate, tab, sticker, or registration card

if lost, mutilated, or illegible - Fee.

If any number plate, tab, sticker, or registration card issued under the provisions of this

chapter is lost, mutilated, or becomes illegible, the person who is entitled thereto shall make

immediate application for and obtain a duplicate or substitute upon furnishing information of

such fact satisfactory to the department and upon payment of the cost of issuing the duplicate

Page No. 10

item, not to exceed the sum of five dollars for each duplicate number plate, tab, sticker, or

registration card issued. The department may issue a duplicate number plate, tab, sticker, or

registration card at no cost to the owner when satisfied the vehicle owner did not receive the

original number plate, tab, sticker, or registration card which was issued.

39-04-14. Renewal of registration.

Every vehicle registration, except those described in sections 39-04-14.1 and 39-04-14.4,

under this chapter expires on December thirty-first each year and must be renewed annually

upon application by the owner and by payment of the fees required by law, such renewal to take

effect on the first day of January each year. An owner who has made proper application for

renewal of registration of a vehicle previous to January first but who has not received the

number plates, plate, or registration card for the ensuing year is entitled to operate or permit the

operation of such vehicle upon the highways upon displaying thereon the number plates or plate

issued for the preceding year for such time, to be prescribed by the department, as may be

required for the issuance of the new plates. If a previously registered motor vehicle whose

registered gross weight exceeds twenty thousand pounds [9071.84 kilograms] is purchased

during the period the vehicle's registration in this state is expired, the registration fee must be

prorated on a monthly basis from the date of purchase to January first.

39-04-14.1. Renewal of registration of motor vehicles under certain weight.

Except as otherwise provided in this section, the registration of a motor vehicle whose

registered gross weight does not exceed twenty thousand pounds [9071.84 kilograms] expires

on the last day of the month which is the anniversary of the month it was originally registered.

The registration may be renewed annually on application by the owner and payment of fees

required by law. The renewal takes effect on the first day of the first month of the registration

period. An owner of more than one vehicle qualifying for staggered registration under this

section may renew all of the owner's vehicles in the same month. The director shall prorate the

registration fees accordingly. If a previously registered motor vehicle whose registered gross

weight does not exceed twenty thousand pounds [9071.84 kilograms] is purchased during the

period the vehicle's registration in this state is expired, the department shall collect the annual

registration fee under section 39-04-19 and shall issue registration that expires on the last day

of the month that is the anniversary of the month the vehicle was purchased.

39-04-14.2. Staggered registration for apportioned vehicles.

The director may establish a procedure for the implementation of a staggered registration

system for vehicles registered pursuant to the international registration plan. Procedures

established under this section may provide for a one-time collection of up to eighteen months of

registration fees.

39-04-14.3. Online registration renewal receipt showing compliance with registration

is prima facie evidence.

The possession of a receipt, via the department's online registration renewal service, is

prima facie evidence of compliance with motor vehicle registration laws, with reference to the

vehicle therein described, for a period of fifteen days from the date of the printed receipt.

39-04-14.4. Renewal of motorcycle registration.

Every motorcycle registration under this chapter expires on March thirty-first and must be

renewed every year upon application by the owner and by payment of the fees required by law.

The renewal takes effect on the first day of April. The department may prorate the initial

registration fee.

39-04-15. When registration fees become due and delinquent.

The registration fee for a vehicle becomes due as soon as the vehicle is used upon the

highways of this state. The registration for a vehicle becomes delinquent immediately upon

expiration of the prior registration.

Page No. 11

39-04-15.1. Installment registration of vehicles licensed for a gross weight in excess

of thirty-six thousand pounds [16329.33 kilograms] - Delinquencies - Penalty.

Repealed by S.L. 1983, ch. 423, § 2.

39-04-16. Penalty for delinquent registration fees - Exceptions.

Repealed by S.L. 1975, ch. 328, § 1.

39-04-17. Certificate of notary showing compliance with registration is prima facie

evidence - Penalty.

The possession of a certificate made out by a notary public or an authorized agent of a

licensed vehicle dealer who took the acknowledgment of the application when the vehicle was

first registered or required to be registered under the laws of this state, if such certificate shows

the date of application, the make, registered weight, and year model of the motor vehicle, the

manufacturer's number of the motor vehicle which such application describes, and further

shows that such notary public, or authorized agent of a vehicle dealer, personally mailed the

application with the remittance fee, is prima facie evidence of compliance with motor vehicle law

with reference to the vehicle therein described, for a period of seventy-five days from the date of

such application. Any violation of this section is an infraction punishable by a fine of not less

than fifty dollars.

39-04-18. Motor vehicles exempt from registration fees - Reciprocal use of state

highways by foreign licensed motor vehicles.

1. a. Except as provided in this section, a motor vehicle as defined in section 39-01-01

or a trailer operated or intended to be operated upon a highway, road, or street in

this state must be registered annually with the department.

b. A semitrailer or a farm trailer operated or intended to be operated upon a

highway, road, or street in this state must be registered with the department either

annually or permanently, at the discretion of the registrant.

c. A vehicle being operated on highways, roads, or streets of this state must display

license plates as furnished by the department upon payment of the fees

prescribed in this chapter.

d. Upon satisfactory proof to the department that a motor vehicle owned by a

resident of this state was not used upon any of the highways of this state in any

one or more years, the motor vehicle may be registered upon payment of the

registration fee for the current year.

e. A resident of the state of North Dakota, serving in the armed forces of the United

States for a period of time greater than one year, may relicense a motor vehicle

owned by the veteran without paying a fee or penalty for the intervening years

when the vehicle was not licensed, providing the veteran shows by suitable

affidavit that the vehicle was not in use during a year in which it was not licensed.

The vehicle must be licensed for the license fee applicable to the month of the

year in which application for license is made.

2. The following motor vehicles may be operated upon the highways, roads, and streets

of this state without being registered, under such limitations as are herein specified;

provided, however, that whenever the department determines that it is to the best

interest of the state of North Dakota and determines by reciprocal agreement or

otherwise that as great or greater privileges are not granted North Dakota residents

while traveling in other states or territories, the department may cancel or limit the

application of any exception to residents or motor vehicles from such other state or

territory:

a. Farm tractors as defined in section 39-01-01, special mobile equipment and road

rollers and other road construction or maintenance machinery that cannot be

operated on the highways and streets of this state in a normal operating manner.

b. Motor vehicles owned by or in possession of Indian mission schools, by this state

or any of its agencies, departments, or political subdivisions, including school

Page No. 12

districts possessing a motor vehicle or vehicles used for driver education

instruction, or by any entity located upon the international boundary line between

the United States of America and Canada used and maintained as a memorial to

commemorate the long-existing relationship of peace and good will between the

people and the governments of the United States of America and Canada and to

further international peace among the nations of the world; provided, however,

that the vehicles must display license plates provided by the department at actual

cost. Upon request, qualifying law enforcement motor vehicles must be issued a

license plate under section 39-04-10.9.

Each motor vehicle loaned or furnished by a licensed North Dakota motor

vehicle dealer to a school district in North Dakota to be used exclusively for

instructing pupils in the driver education and training program conducted by the

school district will be assigned an official license plate. The license plates must be

used only on the motor vehicles furnished by dealers and used in the driver

education program, and for no other purpose except for garaging and

safekeeping of the motor vehicle.

A person may not use a driver education motor vehicle bearing official

license plates for any purpose other than driver education course instruction. A

person is not in violation of this subdivision if the person is required by the dealer

or a school administrator to house or otherwise protect the vehicle at the person's

home or other facility.

c. Motor vehicles registered in any other state or territory when coming into this

state a distance not exceeding twenty miles [32.19 kilometers]; provided,

however, that such motor vehicles have displayed thereon the current license

plates issued by the state or territory in which they are registered and provided

further that the owners or operators thereof are not residents of this state. Nor

may such vehicles be required to pay any other tax, and no registration fee or tax

may be required when such vehicles do not leave the incorporated limits of any

city while in the state of North Dakota within a zone circumscribed by a line

running parallel to the corporate limits of any city or contiguous cities and twenty

miles [32.19 kilometers] distant therefrom. This section does not prevent trucks

from coming into the state such distance as shall be necessary to reach the

nearest railway shipping station. For purposes of this subdivision, an individual is

a resident of this state if the individual is gainfully employed or engages in any

trade, profession, or occupation within this state and owns, leases, or rents a

place of residence or otherwise lives within this state for the purposes of

employment, or regardless of domicile or any other circumstance, remains in this

state for a period of at least ninety consecutive days. For purposes of this

subdivision, a resident does not include a student at a university, college, or

technical school in this state or a daily commuter from another jurisdiction if that

jurisdiction exempts the vehicle of a daily commuter from this state from

registration in that jurisdiction under a reciprocity agreement.

d. Motor vehicles owned and operated by the United States government, or any

foreign government, or any of their agencies or departments; provided, however,

that such motor vehicles must display identification plates.

e. Passenger motor vehicles registered in any other state or territory; provided,

however, that such motor vehicles have displayed thereon the current license

plates issued by the state or territory in which they are registered and provided

further that the owners or operators thereof are not residents of this state. For

purposes of this subdivision, an individual is a resident of this state if the

individual is gainfully employed or engages in any trade, profession, or

occupation within this state and owns, leases, or rents a place of residence or

otherwise lives within this state for the purposes of employment, or regardless of

domicile or any other circumstance, remains in this state for a period of at least

ninety consecutive days. For purposes of this subdivision, a resident does not

include a student at a university, college, or technical school in this state or a

Page No. 13

daily commuter from another jurisdiction if that jurisdiction exempts the vehicle of

a daily commuter from this state from registration in that jurisdiction under a

reciprocity agreement.

f. Motor vehicles owned and operated by a manufacturer of motor vehicles when

such motor vehicles are operated or moved such distance as may be authorized

by the director from the factory where manufactured or assembled, to a depot or

place of shipment or other point of delivery; provided, however, that such vehicles

have displayed in plain sight the name and address of the manufacturer and a

written permit from local police authorities.

g. Motor vehicles owned and operated by a licensed North Dakota motor vehicle

dealer from a railway depot, warehouse, salesroom, or place of shipment;

provided, however, that such vehicles have displayed in plain sight the name and

address of the dealer and a written permit from the local police authorities.

h. Motor vehicles owned and operated by nonresidents engaged in harvest of

agricultural products from June first through December thirty-first of any one year;

provided, however, that such motor vehicles have displayed thereon a decal or

other means of identification issued by the director upon payment of a fee of fifty

dollars.

i. Vehicles owned by nonresident military personnel stationed in this state and

operated by such military personnel or their dependents, provided such vehicle is

registered in the state or territory whereof such military person is a resident, and

provided further that current license plates from such state or territory are

displayed on such vehicle.

j. Motor vehicles not exceeding twenty-six thousand pounds [11793.40 kilograms]

registered gross weight owned and operated by a disabled veteran under the

provisions of Public Law 79-663 [38 U.S.C. 3901], a disabled veteran who has a

one hundred percent service-connected disability as determined by the

department of veterans' affairs, or a disabled veteran who has an extra-schedular

rating to include individual unemployability that brings the veteran's total disability

rating to one hundred percent as determined by the department of veterans'

affairs is entitled to display either a distinctive license plate or a standard plate

that does not identify the veteran as a veteran or disabled veteran which is issued

by the department at no cost to the qualifying veteran or surviving spouse or any

other distinctive or vanity plate purchased from the department by the qualifying

veteran or surviving spouse. This exemption applies to no more than two such

motor vehicles owned by a disabled veteran at any one time. A surviving spouse

of a disabled veteran who is receiving United States department of veterans

affairs dependency and indemnity compensation is eligible for the exemption

under this subdivision for one vehicle. If the determination of disability or service-

connected death occurs subsequent to the qualifying veteran's death through

application of a law that renders a surviving spouse of a qualifying veteran eligible

for United States department of veterans affairs disability and indemnity

compensation, the determination for purposes of the exemption under this

subdivision is presumed to precede the veteran's death. Sufficient proof of receipt

of United States department of veterans affairs dependency and indemnity

compensation includes correspondence directed to a surviving spouse of a

qualifying veteran by the United States department of veterans affairs which

indicates the surviving spouse is a survivor of the qualifying veteran and is in

receipt of United States department of veterans affairs dependency and

indemnity compensation.

k. Motor vehicles having not over two axles and not being used in combination

owned and operated by nonresidents and any motor vehicle or combination of

three axles or more operated in this state pursuant to a proportional licensing or

other agreement or arrangement with any jurisdiction having motor vehicle

registration authority.

Page No. 14

l. Motor vehicles owned and operated by a resident building mover or by a resident

well driller; provided, however, that such vehicles are used only for moving

buildings or building-moving equipment, or are used only for drilling water wells or

moving water well-drilling equipment; provided, further, that such vehicles display

a license plate issued by the director upon the payment of a fee of twenty-five

dollars for two axle trucks, fifty dollars for tandem axle trucks and single axle

truck-tractor units, and seventy-five dollars for each tandem axle truck-tractor

unit.

Any vehicle which has been issued this special motor vehicle license may be

registered under the regular motor vehicle registration law, by payment of the

difference between the amount paid for the special motor vehicle license and the

regular registration fee for such vehicle.

Any vehicle which has been issued this special motor vehicle license and is

found being operated upon the highways of this state without being equipped with

special house-moving or well-drilling equipment shall forfeit the fee paid and, in

addition, must be required to register under the regular motor vehicle registration

law of this state. None of the above limitations may be construed as restricting

the operation of the special licensed vehicle when such operation would not

require a greater fee than that paid for this operation.

m. Any trailer, semitrailer, or farm trailer when the gross weight, not including the

weight of the towing vehicle, does not exceed one thousand five hundred pounds

[680.39 kilograms] and it is not for hire or commercial use, or when used to

transport recreational vehicles or boats and it is not for hire or commercial use.

n. Any vehicle which is driven or moved upon a highway only for the purpose of

crossing the highway from one property to another. The crossing must be made

at an angle of approximately ninety degrees to the direction of the highway.

o. Passenger motor vehicles, house cars, or pickup trucks not exceeding twenty

thousand pounds [9071.84 kilograms] registered gross weight owned and

operated by a resident who, while serving in the United States armed forces, was

a prisoner of war and has received an honorable discharge from the United

States armed forces is entitled to display a distinctive license plate issued by the

department. This exemption also applies to any passenger motor vehicle, house

car, or pickup truck not exceeding twenty thousand pounds [9071.84 kilograms]

registered gross weight subsequently purchased or acquired by such a former

prisoner of war. This exemption applies to no more than two motor vehicles

owned by a former prisoner of war at any one time. A surviving spouse of a

former prisoner of war who has not remarried retains the exemption of the

deceased veteran who qualified under this subdivision for one vehicle.

p. Motor vehicles not exceeding twenty-six thousand pounds [11793.40 kilograms]

registered gross weight owned and operated by a veteran who was awarded the

purple heart is entitled to a distinctive license plate issued by the department.

This exemption applies to one motor vehicle owned by a veteran who was

awarded the purple heart.

39-04-18.1. Failure to register upon gainful employment.

A person operating a motor vehicle in violation of subdivision c or e of subsection 2 of

section 39-04-18 shall purchase an annual registration for that motor vehicle for a fee that is not

discounted from the appropriate amount listed in a table in section 39-04-19. A law enforcement

officer may issue a registration for that vehicle and shall remit the registration fee to the

department of transportation. The department shall provide for evidence of registration to be

issued by a law enforcement officer enforcing subdivision c or e of subsection 2 of section

39-04-18.

39-04-18.2. Temporary motor vehicle registration - Fees.

1. Any owner, lessee, or operator of a motor vehicle who is employed in this state on a

temporary or full-time basis may choose to purchase a temporary registration permit in

Page No. 15

lieu of registering the vehicle pursuant to section 39-04-18, if the vehicle displays a

valid registration and license plate from another jurisdiction and is properly insured.

Application for the temporary registration permit must be made in the manner and form

prescribed by the department. The temporary registration permit must bear a

distinctive number assigned to the vehicle and an expiration date. At all times the

operator shall ensure that the temporary registration permit is displayed and clearly

visible on the vehicle in a manner prescribed by the department. Motor vehicles

temporarily registered under this section may be registered without a title transfer or

imposition of motor vehicle excise tax. The operator shall keep evidence of registration

from the other jurisdiction in the motor vehicle and provide evidence of registration to a

law enforcement officer or the department, upon request.

2. Motor vehicles temporarily registered in this state must be furnished a permit as

follows:

a. Passenger vehicles, pickups, vans, and trucks not exceeding twenty thousand

registered gross weight pounds [9071.84 kilograms] temporarily registered in this

state must be furnished a permit upon payment of sixty dollars for six months or

one hundred twenty dollars for twelve months of required registration.

b. Trucks or combinations of trucks and trailers weighing more than twenty thousand

registered gross weight pounds [9071.84 kilograms] temporarily registered in this

state must be furnished a permit upon payment of the following fees:

Weight Six-Month Fee Twelve-Month Fee

20,001 - 42,000 $220 $440

42,001 - 62,000 $380 $760

62,001 - 82,000 $530 $1,060

82,001 - 105,500 $900 $1,800

c. Motorcycles temporarily registered in this state must be furnished a permit upon

payment of thirty dollars for six months or sixty dollars for twelve months.

d. An additional fee of ten dollars applies to each temporary registration permit.

39-04-19. Motor vehicle registration fees and mile tax.

Motor vehicles required to pay registration fees or a mile tax shall pay the following fees:

1. Nonresidents electing to pay mile tax in lieu of registration, when authorized to do so

by the department, shall pay a fee of twenty dollars for a trip permit which is valid for a

period of seventy-two hours. All fees collected under the provisions of this subsection

must be credited to the state highway fund.

2. Motor vehicles required to be registered in this state must be furnished license plates

upon the payment of the following annual fees; however, if a motor vehicle, including a

motorcycle or trailer, first becomes subject to registration other than at the beginning of

the registration period, such fees must be prorated on a monthly basis. The minimum

fee charged hereunder must be five dollars:

a. Passenger motor vehicles:

YEARS REGISTERED

1st, 2nd, 7th, 8th, 10th, 11th, 13th and

Gross 3rd, 4th, 5th, and 9th and 12th Subsequent

Weights and 6th Years Years Years Years

Less than 3,200 $73 $65 $57 $49

3,200 - 4,499 93 81 69 57

4,500 - 4,999 111 94 79 63

5,000 - 5,999 142 120 98 76

6,000 - 6,999 175 146 117 89

7,000 - 7,999 208 172 137 102

8,000 - 8,999 241 199 157 115

9,000 and over 274 225 177 128

A house car is subject to registration at the rates prescribed for other

vehicles under this subdivision modified by using the weight applicable to a

Page No. 16

vehicle whose weight is forty percent of that of the house car, but not using a

weight of less than four thousand pounds [1814.35 kilograms].

A pickup truck is subject to registration at the rates prescribed for other

vehicles under this subdivision by applying the shipping weight of the vehicle to

the fee schedule. At a minimum, the registered gross weight displayed on the

registration card for a pickup truck must be twice the shipping weight of the

vehicle. Unless otherwise exempted by this chapter, the owner of a pickup truck

shall request the registered gross weight of the pickup truck be increased to

ensure the registered gross weight is sufficient to include the total weight of the

vehicle and any load transported on or by the vehicle. For purposes of this

subdivision, a pickup truck is a motor vehicle with a manufacturer's gross vehicle

weight rating of less than eleven thousand five hundred pounds [5216.31

kilograms], with an unladen weight of less than eight thousand pounds [3628.74

kilograms], and which is equipped with an open box-type bed not exceeding nine

feet [2.74 meters] in length.

b. Schoolbuses, buses for hire, buses owned and operated by religious, charitable,

or nonprofit organizations and used exclusively for religious, charitable, or other

public nonprofit purposes, and trucks or combination trucks and trailers, including

commercial and noncommercial trucks, except those trucks or combinations of

trucks and trailers which qualify for registration under this subsection or

subsection 5:

YEARS REGISTERED

1st 7th 10th 13th 20th and

Gross Through Through Through Through Subsequent

Weights 6th Years 9th Years 12th Years 19th Years Years

Not over 4,000 $71 $58 $53 $50 $49

4,001 - 6,000 76 63 57 51 50

6,001 - 8,000 81 68 61 52 51

8,001 - 10,000 86 73 65 54 53

10,001 - 12,000 91 78 69 56 55

12,001 - 14,000 96 83 73 59 58

14,001 - 16,000 101 88 77 62 61

16,001 - 18,000 106 93 81 64 63

18,001 - 20,000 109 96 83 65 64

YEARS REGISTERED

1st, 2nd, 3rd, 8th, 9th, 10th, 13th and

Gross 4th, 5th, 6th, 11th, and Subsequent

Weights and 7th Years 12th Years Years

20,001 - 22,000 $139 $113 $100

22,001 - 26,000 191 161 145

26,001 - 30,000 252 210 188

30,001 - 34,000 318 263 235

34,001 - 38,000 379 312 278

38,001 - 42,000 440 361 320

42,001 - 46,000 501 409 363

46,001 - 50,000 562 458 406

50,001 - 54,000 632 516 457

54,001 - 58,000 693 565 500

58,001 - 62,000 755 614 543

62,001 - 66,000 815 662 586

66,001 - 70,000 876 711 628

70,001 - 74,000 937 760 671

74,001 - 78,000 998 809 714

78,001 - 82,000 1,059 858 757

82,001 - 86,000 1,182 963 844

86,001 - 90,000 1,304 1,067 931

Page No. 17

90,001 - 94,000 1,426 1,172 1,018

94,001 - 98,000 1,548 1,277 1,106

98,001 - 102,000 1,670 1,381 1,193

102,001 - 105,500 1,792 1,486 1,280

c. Motorcycles, fifteen dollars.

3. Motor vehicles acquired by disabled veterans under the provisions of Public Law

79-663 [38 U.S.C. 3901] are exempt from the payment of state sales or use tax and, if

paid, such veterans are entitled to a refund. This exemption also applies to any

passenger motor vehicle or pickup truck not exceeding twenty-six thousand pounds

[11793.40 kilograms] registered gross weight but shall apply to no more than two such

motor vehicles owned by a disabled veteran at any one time.

4. a. Each trailer, except a semitrailer or farm trailer, required to be registered under

this chapter must be furnished registration plates upon the payment of a twenty

dollar annual fee. A trailer, semitrailer, or farm trailer not required to be registered

under this chapter must be furnished an identification plate upon the payment of a

fee of five dollars.

b. A semitrailer or farm trailer required to be registered under this chapter must be

furnished:

(1) Permanent registration plates upon the payment of a permanent registration

fee of one hundred twenty dollars. The permanent registration is valid until

ownership of the semitrailer or farm trailer is transferred, assigned, or if the

semitrailer is destroyed or otherwise completely removed from the service of

the owner; or

(2) Annual registration upon the payment of a twenty dollar annual fee.

c. Upon the request of a person with a trailer or farm trailer to whom a registration or

identification plate is provided under this subsection, the department shall provide

a plate of the same size as provided for a motorcycle. The department shall

provide notification of this option to the person before the replacement or

issuance of the plate.

5. Trucks or combinations of trucks and trailers weighing more than twenty thousand but

not more than one hundred five thousand five hundred pounds [more than 9071.84 but

not more than 47854.00 kilograms] which are used as farm vehicles only, are entitled

to registration under the following fee schedule and the provisions of this subsection.

Farm vehicles are considered, for the purpose of this subsection, as trucks or

combinations of trucks and trailers weighing more than twenty thousand but not more

than one hundred five thousand five hundred pounds [more than 9071.84 but not more

than 47854.00 kilograms] owned, or leased for at least one year by a bona fide

resident farmer who uses the vehicles exclusively for transporting the farmer's own

property or other property on a farm work exchange basis with other farmers between

farms and the usual local trading places but not in connection with any commercial

retail or wholesale business being conducted from those farms, nor otherwise for hire.

In addition to the penalty provided in section 39-04-41, any person violating this

subsection shall license for the entire license period the farm vehicle at the higher

commercial vehicle rate in accordance with the weight carried by the farm vehicle at

the time of the violation.

YEARS REGISTERED

1st, 2nd, 7th and 9th and 11th and

Gross 3rd, 4th, 5th, 8th 10th Subsequent

Weights and 6th Years Years Years Years

20,001 - 22,000 $111 $97 $83 $65

22,001 - 24,000 116 101 86 67

24,001 - 26,000 124 107 90 69

26,001 - 28,000 135 115 96 73

28,001 - 30,000 144 123 102 77

30,001 - 32,000 159 136 113 86

32,001 - 34,000 169 144 119 90

Page No. 18

34,001 - 36,000 179 152 125 94

36,001 - 38,000 189 160 131 98

38,001 - 40,000 199 168 137 102

40,001 - 42,000 209 176 143 106

42,001 - 44,000 219 184 149 110

44,001 - 46,000 229 192 155 114

46,001 - 48,000 239 200 161 118

48,001 - 50,000 249 208 167 122

50,001 - 52,000 269 226 183 136

52,001 - 54,000 279 234 189 140

54,001 - 56,000 289 242 195 144

56,001 - 58,000 299 250 201 148

58,001 - 60,000 309 258 207 152

60,001 - 62,000 319 266 213 156

62,001 - 64,000 329 274 219 160

64,001 - 66,000 339 282 225 164

66,001 - 68,000 349 290 231 168

68,001 - 70,000 359 298 237 172

70,001 - 72,000 369 306 243 176

72,001 - 74,000 379 314 249 180

74,001 - 76,000 389 322 255 184

76,001 - 78,000 399 330 261 188

78,001 - 80,000 409 338 267 192

80,001 - 82,000 419 346 273 196

82,001 - 84,000 429 368 316 272

84,001 - 86,000 449 385 330 284

86,001 - 88,000 469 402 344 296

88,001 - 90,000 489 419 358 308

90,001 - 92,000 509 436 372 320

92,001 - 94,000 529 453 386 332

94,001 - 96,000 549 470 400 344

96,001 - 98,000 569 487 414 356

98,001 - 100,000 589 504 428 368

100,001 - 102,000 609 521 442 380

102,001 - 104,000 629 538 456 392

104,001 - 105,500 649 555 470 404

6. A motor vehicle registered in subsection 5 may be used for custom combining

operations by displaying identification issued by the department and upon payment of

a fee of twenty-five dollars.

39-04-19.1. Registration of soil and water conservation vehicles.

Trucks or combinations of trucks and trailers owned and operated by a bona fide resident of

this state, but no more than one truck tractor and lowboy trailer unit, of a gross weight of

twenty-four thousand one pounds [10886.67 kilograms] or more and used exclusively in soil and

water conservation work or exclusively for township road construction work that results in direct

benefits to agriculture, shall be furnished license plates upon the payment of one-half the annual

fees for such corresponding weight as provided in subdivision b of subsection 2 of section

39-04-19.

This section is not applicable to any trucks and trailers used in road construction work, the

contract for which is in excess of three thousand dollars.

39-04-19.2. Electric and plug-in hybrid vehicle road use fee - Definitions.

1. In addition to all other fees required under this chapter for registration of a motor

vehicle, the department shall collect at the beginning of each annual registration

period:

Page No. 19

a. An electric vehicle road use fee of one hundred twenty dollars for each electric

vehicle registered.

b. A plug-in hybrid vehicle road use fee of fifty dollars for each plug-in hybrid vehicle

registered.

c. An electric motorcycle road use fee of twenty dollars for each electric motorcycle

registered.

2. As used in this section:

a. "Electric motorcycle" means a motor vehicle that has a seat or saddle for the use

of the rider, is designed to travel on not more than three wheels in contact with

the ground, and is propelled by an electric motor powered by a battery or other

electric device incorporated into the vehicle and not propelled by an engine

propane, or liquid natural gas.

b. "Electric vehicle" means a vehicle propelled by an electric motor powered by a

battery or other electric device incorporated into the vehicle and not propelled by

an engine powered by the combustion of a hydrocarbon fuel, including gasoline,

diesel, propane, or liquid natural gas.

c. "Plug-in hybrid vehicle" means a vehicle drawing propulsion energy from an

internal combustion engine, an energy storage device, and a receptacle to accept

grid electricity.

3. The department shall deposit any moneys collected under this section into the

highway tax distribution fund.

39-04-20. Additional fees required of trucks.

Repealed by S.L. 1995, ch. 450, § 1.

39-04-21. Fees for motor vehicles first registered in state.

When a motor vehicle first becomes subject to registration during the calendar year, the

registration fee must be for the remainder of the year prorated on a monthly basis, one-twelfth of

the annual registration fee for each calendar month or fraction thereof. Penny adjustments must

be carried to the next even dollar. Temporary registrations must be issued in such manner as is

prescribed by the director of the department of transportation.

39-04-21.1. Trailers, semitrailers, farm trailers - Registration fees prorated - Excess

weight registration.

Repealed by S.L. 1983, ch. 427, § 3.

39-04-22. Motor vehicle exceeding registered gross weight for which licensed not to

be operated on highway - Exception.

Except as otherwise provided by law, a motor vehicle, or a combination of motor vehicles,

may not be operated upon the highways of this state when the gross weight exceeds the

registered gross weight for which the vehicle or combination of vehicles was licensed. Any

person violating the provisions of this section will be required to license such motor vehicle at

the higher legal rate in accordance with the weight carried by the motor vehicle at the time of the

violation for the entire license period. However, such registration may not be construed to

authorize the movement of loads in violation of chapter 39-12.

39-04-23. Registered motor vehicle transporting property may change registration to

higher or lower registered gross weight.

Any owner of a motor vehicle transporting property who has licensed the vehicle for any

gross weight limitations may change the registration to a higher registered gross weight

limitation by the payment of the difference between the fee required for the new registration and

the fee paid for the registration under which the vehicle is being operated. The fee must equal

one-twelfth of the annual higher registration fee less one-twelfth of the registration fee already

Page No. 20

paid, the difference multiplied by the number of whole and partial calendar months remaining in

the registration period. In no event may the fee be less than five dollars.

39-04-24. Director to determine weight of motor vehicle when manufacturer's weight

unknown.

Any motor vehicle not having an advertised manufacturer's weight shall pay a license fee

based upon the actual weight as determined by the director from satisfactory proofs submitted

to the director. Any truck not having a manufacturer's advertised load capacity shall pay a

license fee in accordance with the schedules provided in this chapter and applicable thereto

upon its load capacity as determined by the director upon satisfactory proofs submitted to the

director.

39-04-25. When seasonal registration of passenger buses permitted.

Repealed by S.L. 1983, ch. 423, § 2.

39-04-26. Registration of vehicles transporting property - Based on registered gross

weight - Minimum gross weight - Exemption.

The registration and license fee for a motor vehicle or for any lawful combination of motor

vehicles used for the transportation of property must be based upon the registered gross weight

of the motor vehicle or combination of vehicles. The minimum gross weight for which the motor

vehicle or combination of motor vehicles can be licensed is double the unloaded weight of the

motor vehicle or combination of vehicles and, subject to the minimum, the owner of any motor

vehicle or combination of vehicles in the application for license shall set out the gross weight for

which the owner desires a license. The gross weight of any trailer, semitrailer, or farm trailer

may not be included in the minimum gross weight for which a vehicle must be licensed when the

vehicle or combination of vehicles is not for hire and when the gross weight of the trailer,

semitrailer, or farm trailer being towed does not exceed twenty-four thousand pounds [10886.22

kilograms].

39-04-27. Manufacturer or dealer to give notice of sale or transfer.

Repealed by S.L. 1975, ch. 328, § 1.

39-04-28. Motor vehicle and motorcycle dealers licenses - Fees - Additional number

plates.

Repealed by S.L. 1963, ch. 285, § 14.

39-04-29. Certificate of title to be delivered.

Repealed by S.L. 1981, ch. 378, § 38.

39-04-30. Cancellation of licenses.

Repealed by S.L. 1963, ch. 285, § 14.

39-04-31. Bond required.

Repealed by S.L. 1963, ch. 285, § 14.

39-04-31.1. Imposing fees in lieu of truck-mile tax.

Repealed by omission from S.L. 1959, ch. 289, § 15.

39-04-32. Used car lots - Location.

Repealed by S.L. 1963, ch. 285, § 14.

39-04-33. Dealer permitting license to be used by another dealer - License revoked -

Penalty.

Repealed by S.L. 1963, ch. 285, § 14.

Page No. 21

39-04-34. Dealers to furnish information to registrar.

Repealed by S.L. 1963, ch. 285, § 14.

39-04-34.1. Transfer of certain powers to public service commission.

Repealed by S.L. 1953, ch. 237, § 7.

39-04-35. Dealer to file list of used cars with registrar - Fees paid on used cars by

dealer.

Repealed by S.L. 1963, ch. 285, § 14.

39-04-36. Transfer of registered vehicle - Removal of number plates - Transfer of

number plates.

1. Whenever the ownership of a vehicle registered under the provisions of this chapter,

chapter 39-18, or chapter 39-29.2 is transferred or assigned, the registration of the

vehicle expires and the transferor shall remove the number plates.

2. Upon applying for the transfer of the registration and paying a five dollar fee, a person

who transfers or assigns to another person the ownership of a registered vehicle may

receive credit for the unused portion of the fees paid for the transferred vehicle. The

transferor must use a number plate previously removed pursuant to subsection 1,

regardless of whether there is any license fee credit remaining. If the number plate has

become lost, stolen, or mutilated, the transferor may apply for duplicate plates. The

department may establish procedures that permit the transferor to assign the credit to

the transferee if the transferor is the spouse, a sibling, or a lineal ancestor or

descendant of the transferee. Any remaining credit on a vehicle owned by a leasing

company must be credited to the lessee. One-twelfth of the annual fee must be

credited for each month of the registration period remaining after the month in which

the transfer is made. The credit may not extend beyond the original expiration of the

registration. Except as provided in section 39-04-44, the credit must be applied to the

registration fees for a replacement vehicle. The transferor shall apply for the transfer of

registration within thirty days of the purchase of the replacement vehicle.

3. Except as otherwise permitted in this chapter, before the transferee of a registered

vehicle may operate the vehicle on a highway, the transferee must apply for and obtain

a new registration of the vehicle, as on an original registration. To provide the

transferee adequate time to obtain a new registration, the director may provide for the

issuance of a temporary registration certificate to permit the transferee to operate the

vehicle for thirty days after the date of acquisition. The certificate must be printed on

the reverse side of each vehicle registration card and must be available to the

transferee from licensed vehicle dealers, law enforcement agencies, and motor vehicle

branch offices. The vehicle may be operated for five days from date of purchase

without a plate or certificate of ownership if dated evidence of ownership is carried in

the vehicle. The evidence of ownership must be in a form as prescribed by the

department.

39-04-37. Violations of registration provisions.

It is unlawful for any person to commit any of the following acts:

1. To operate, or for the owner thereof knowingly to permit anyone to operate, upon a

highway any vehicle the registration of which has been canceled or revoked, or for

which the registration fees required in this title have not been paid, or which does not

have attached thereto and displayed thereon a number plate, plates, or validation tabs

assigned thereto by the director for the current registration period, subject to the

exemptions allowed in this title.

2. To display or cause or permit to be displayed, or to have in possession, any

registration card, registration number plate, or validation tabs knowing the same to be

fictitious or to have been canceled, revoked, suspended, or altered.

Page No. 22

3. To lend any registration number plate, registration card, or validation tabs to any

person not entitled thereto, or knowingly permit the use of any registration number

plate or registration card by any person not entitled thereto.

4. To fail or refuse to surrender to the department, upon demand, any registration card,

registration number plate, or validation tab which has been suspended, canceled, or

revoked as is provided in this chapter.

5. To use a false or fictitious name or address in any application for the registration of any

vehicle, or for any renewal or duplicate thereof, or knowingly to make a false statement

or knowingly to conceal a material fact or otherwise to commit a fraud in any

application.

6. To operate, or for the owner thereof knowingly to permit anyone to operate a motor

vehicle on a highway if the owner is employed in this state on a temporary or full-time

basis, is a resident of the state, and does not have a temporary registration permit

when required under subsection 1 of section 39-04-18.2. As used in this subsection,

the term "resident" means a resident as defined under subdivision e of subsection 2 of

section 39-04-18.

39-04-38. Taxes or fees provided for to be in lieu of other state or local personal

property taxes.

The taxes or fees provided for in this chapter are in lieu of all other personal property taxes,

either state or local, upon such motor vehicles and upon any trailer or semitrailer for which a

certificate of title is required to be issued and has been issued pursuant to the provisions of

chapter 39-05.

39-04-39. Distribution of registration fees collected.

Any moneys in the registration fund accruing from license fees or from other like sources, in

excess of the amount required to pay salaries and other necessary expenses, in accordance

with the legislative assembly's appropriation for such purposes, must be promptly deposited in

the highway tax distribution fund which must be distributed in the manner as prescribed by law.

The state treasurer shall transfer annually from the highway tax distribution fund to the ethanol

production incentive fund an amount equal to forty percent of all sums collected for the

registration of farm vehicles under subsection 5 of section 39-04-19 except that no transfer may

be made in an amount that would result in the balance of the ethanol production incentive fund

exceeding seven million five hundred thousand dollars.

39-04-39.1. Distribution to local highway funds.

Repealed by S.L. 1967, ch. 304, § 8.

39-04-39.2. Refunds of registration fees.

No refunds of registration fees may be made, except when the vehicle has been improperly

registered or when the vehicle has been destroyed.

39-04-39.3. Motor vehicle registration fee collection agreements with home rule cities.

The governing body of any incorporated city that has adopted the home rule provisions of

chapter 40-05.1 and the department may enter into contractual agreements under which the

department may collect any motor vehicle registration fees assessed by the city. Agreements

entered into under this section must provide for an agreed-upon amount to be allowed the

department for services rendered in connection with the collections. Any agreed-upon amount

collected must be deposited in the motor vehicle registration fund. The department shall deposit

with the state treasurer all money collected under this section and shall accompany each

remittance with a certificate showing the city for which it was collected. The state treasurer,

quarterly, shall pay to the city auditors of the several cities the money to which they are entitled

under this section.

Page No. 23

39-04-39.4. Refund of registration fees.

Any owner of a motor vehicle, if such motor vehicle is returned to the manufacturer under

the provisions of chapter 51-07, may claim a refund in the amount equal to the unused portion

of the fee upon the vehicle, computed pro rata by the month, one-twelfth of the annual fee paid

for each month of the registration period remaining after the month in which the vehicle was

returned, provided the number plates and validation tabs issued for the vehicle are returned to

the department.

39-04-39.5. Allocation of portion of registration fee.

Repealed by S.L. 2005, ch. 40, § 15.

39-04-40. Officers to enforce the provisions of chapter.

The highway patrol and all other road or police officers shall enforce the provisions of this

chapter.

39-04-41. Penalty for violation of provisions of chapter.

Any person violating any of the provisions of this chapter for which another penalty is not

specifically provided is guilty of a class B misdemeanor.

39-04-42. Construction contract truck registration - Penalty.

Repealed by S.L. 1975, ch. 106, § 673.

39-04-43. Antique automobile - License and fee.

Repealed by S.L. 1981, ch. 378, § 38.

39-04-44. Credits on destroyed vehicle.

1. Any owner of a motor vehicle licensed in this state, if such vehicle is permanently and

involuntarily destroyed, may during the same year or following year claim a refund in

an amount equal to the unused portion of the fee paid, less five dollars, upon the

vehicle so destroyed, computed pro rata by the month, one-twelfth of the annual fee

paid for each month of the year remaining after the month in which such vehicle was

so destroyed, provided the number plates, registration card, and certificate of title are

returned to the department. If the number plates or registration card assigned to the

vehicle are destroyed, a refund may be obtained upon furnishing information of such

fact satisfactory to the department. Upon receiving the certificate of title, the

department shall issue a salvage certificate of title.

2. If a vehicle is withdrawn from a proportionally registered fleet during the period for

which it is registered, the registrant of the fleet shall notify the department. The

department may require surrender of cab cards and other identification devices with

respect to the vehicle. If a vehicle is permanently withdrawn from a proportionally

registered fleet because it has been destroyed, sold, or otherwise completely removed

from the service of the fleet operator, the unused portion of the fees paid with respect

to the vehicle must be applied against liability of the fleet operator for subsequent

additions to the fleet during the registration year or for additional fees upon audit. If at

the end of the registration year there remains an unused portion of fees paid with

respect to the permanently withdrawn vehicles, the unused fees must be applied

against registration fees for the registration year immediately following the year during

which the vehicles were permanently withdrawn. The used portion of fees of a vehicle

permanently withdrawn from a fleet is a sum equal to the amount paid with respect to

the vehicle when it was first proportionally registered in the registration year, reduced

by one-twelfth of the total annual proportional registration fee applicable to the vehicle

for each calendar month of the registration year including the month the notice of

withdrawal is received by the department, except that no unused portion of fees of less

than five dollars may be considered or applied. If an unused portion of fees cannot be

applied against registration fees for the registration year immediately following, an

Page No. 24

application for refund of the unused portion may be made to the department, which

shall adopt rules as may be required for payment of the refund.

39-04-44.1. Transporter's license and registration card.

A vehicle otherwise properly registered may be used for transporting other vehicles not

registered provided that the transported vehicle has displayed a transporter's license plate and

the transporting vehicle carries a transporter's registration card. The fee for the transporter's

license plate and registration card is sixty-five dollars per year.

39-04-45. Driveaway transporter registration.