2016 North Dakota Century Code Title 39 Motor Vehicles Chapter 39-12 Size, Width, and Height Restrictions
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CHAPTER 39-12
SIZE, WIDTH, AND HEIGHT RESTRICTIONS
39-12-01. State and local authorities may classify highways as to weight and load
capacities.
The director, the board of county commissioners, and other appropriate bodies having
control of roads, may classify public highways and roads under their respective jurisdictions and
limitations as to the weight and load of vehicles thereon for such respective classifications must
be enforced as provided in section 39-12-07.
39-12-02. Special permits for vehicles of excessive size and weight issued Contents - Fees.
1. The highway patrol and local authorities in their respective jurisdictions, upon
application and payment of the appropriate charges and for good cause shown, may
issue a special written permit authorizing the applicant to operate or move a vehicle,
mobile home, or modular unit of a size or weight exceeding the maximum specified by
this chapter, upon a highway under the jurisdiction of the body granting the permit.
Every permit may designate the route to be traversed and may contain any other
restrictions or conditions deemed necessary by the body granting the permit. Every
permit must be carried in the vehicle to which it refers in printed or electronic format
and must be opened to inspection by any peace officer or agent of the superintendent
of the highway patrol unless prior approval is obtained from the highway patrol. It is a
violation of this chapter for any person to violate any of the terms or conditions of the
permit. The highway patrol and local authorities may adopt rules governing the
movement of oversize and overweight vehicles.
2. Upon any application for a permit to move a new manufactured building or modular
unit from outside this state to be located anywhere within this state, the manufacturer
is deemed to have certified that the new manufactured building or modular unit meets
all applicable building codes and all applicable electrical wiring and equipment,
plumbing, and fire standards. The state is not liable to any person for issuing a permit
in violation of this subsection.
3. An appropriate charge must be made for each permit and all funds collected
hereunder by the highway patrol must be deposited in the state highway fund for use
in the construction and maintenance of highways and operating expenses of the
department. Permit fees generated by a political subdivision must be deposited in the
local authority's general fund for support of the local road system. Publicly owned
vehicles that provide service beyond the agency's jurisdiction, official, publicly owned,
emergency, or military vehicles are not subject to charges for permits. The minimum
fee for selected charges is as follows:
a. The fee for the ten percent weight exemption, harvest and wintertime, is fifty
dollars per month for fees paid on a monthly basis or two hundred fifty dollars per
year for fees paid on a yearly basis. Unused fees paid on a monthly basis are
refundable. Unused fees paid on a yearly basis are not refundable.
b. The fee for a non-self-issuing interstate permit is ten dollars per trip or three
hundred dollars per calendar year for unlimited trips.
c. The fee for special mobile equipment is twenty-five dollars per trip.
d. The fee for engineering is twenty-five dollars per trip.
e. The fee for faxing a permit is five dollars.
f. The fee for a single trip permit is twenty dollars per trip.
g. The fee for a bridge length permit is thirty dollars per trip or one hundred fifty
dollars per calendar year.
h. The fee for a longer combination vehicle permit is one hundred dollars per month
for fees paid on a monthly basis.
i. The fee for an overwidth vehicle or load that is fourteen feet six inches
[4.42 meters] or less is twenty dollars per trip or one hundred dollars per calendar
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year unless the vehicle is a noncommercial fishhouse trailer being moved by the
owner, then the fee is twenty dollars per calendar year.
j. The highway patrol may establish an online electronic permit system. If the
highway patrol establishes an online electronic permit system, the highway patrol
shall assess an additional fifteen dollar fee for every permit issued under this
section to be deposited into the motor carrier electronic permit transaction fund.
The director of tax equalization of the county of destination must be furnished a copy
of the permit for the movement of an overdimensional mobile home.
Permits issued for overdimensional movements of vehicles that do not exceed ten feet
[3.05 meters] in total width, including load, are valid for travel during the day and night.
There is created in the state treasury a fund known as the motor carrier electronic
permit transaction fund. All money in the fund is appropriated on a continuing basis to
the highway patrol to defray the costs of establishing and maintaining an online
electronic permit system for permitting and routing oversize and overweight vehicles in
this state. The highway patrol may contract with a private entity to establish, operate,
and maintain an online electronic permit system. The online electronic permit system
includes the issuance of permits under this section and an automated routing system.
The automated routing system must include integration of department of transportation
traveler information system information, all other data required for the automated
routing system, and integration of the highway patrol computer-aided dispatch system.
39-12-03. Director or local authorities may limit use of vehicles on highways.
Whenever any highway will be seriously damaged or destroyed by reason of deterioration,
rain, snow, or other climatic conditions unless the use of vehicles is prohibited or the weight of
the vehicle thereon is limited, the director or employees authorized by the director by an order,
and local authorities by ordinance or resolution, may prohibit the operation of vehicles upon
such highway or may impose restrictions as to the weight of vehicles. The director or employees
making such order and local authorities enacting any such ordinance or resolution shall erect or
cause to be erected and maintained signs designating the provisions of the order, ordinance, or
resolution. Such signs must be erected and maintained at each end of that portion of any
highway affected thereby, and such order, ordinance, or resolution is not effective until such
signs are erected and maintained. The operation of trucks or other commercial vehicles or
limitations as to the weight thereof on designated highways may be prohibited or limited in the
same manner.
39-12-04. Width, height, and length limitations on vehicles - Exceptions.
1. Vehicles operated on a highway in this state may not exceed a total outside width,
including load thereon, of eight feet six inches [2.59 meters]. This limitation does not
apply to:
a. Construction and building contractors' equipment and vehicles used to move
such equipment which does not exceed ten feet [3.05 meters] in width when
being moved by contractors or resident carriers.
b. Implements of husbandry being moved by resident farmers, ranchers,
governmental entities, dealers, or manufacturers between sunrise and sunset.
Furthermore, the limitation does not apply to implements of husbandry being
moved between sunset and sunrise by resident farmers, ranchers, governmental
entities, dealers, or manufacturers on public state, county, or township highway
systems other than interstate highway systems.
c. Hay in the stack or bale being moved along the extreme right edge of a roadway
between sunrise and sunset by someone other than a commercial mover.
d. Commercial movement of haystacks or hay bales with vehicles designed
specifically for hauling hay, commercial movement of self-propelled fertilizer
spreaders and self-propelled agricultural chemical applicators, whether operating
under their own power or being transported by another vehicle, commercial
movement of portable grain cleaners, commercial movement of forage
harvesters, and the commercial movement of hay grinders, which may be moved
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on the highway after obtaining a seasonal permit issued by the highway patrol.
The highway patrol shall issue seasonal permits that are valid during daylight
hours on any day of the week, or that are valid at all times for the movement of
self-propelled fertilizer spreaders and self-propelled agricultural chemical
applicators, to any commercial entity otherwise qualified under this subdivision.
Self-propelled fertilizer spreaders and self-propelled agricultural chemical
applicators operating under their own power between sunset and sunrise must
display vehicle hazard warning signal lamps as described in subsection 3 of
section 39-21-19.1. The seasonal permit is in lieu of registration requirements for
the permit period. No seasonal permit may be issued, unless proof of financial
responsibility in a minimum of three hundred thousand dollars is filed and the
appropriate permit fee is paid. The seasonal permit may also be issued for
hauling hay bales with vehicles or vehicle combinations other than those
designed specifically for hauling haystacks. This seasonal permit, however, will
not be in lieu of registration requirements. All permit fees must be deposited in the
state highway distribution fund.
e. Safety devices that the highway patrol determines are necessary for the safe and
efficient operation of motor vehicles may not be included in the calculation of
width.
f. Any nonload carrying safety appurtenance as determined by the highway patrol
which extends no more than three inches [7.62 centimeters] from each side of a
trailer is excluded from the measurement of trailer width. The width of a trailer is
measured across the sidemost load-carrying structures, support members, and
structural fasteners.
g. The highway patrol may adopt reasonable rules for those vehicles exempted from
the width limitations as provided for in this subsection.
Vehicles operated on a highway in this state may not exceed a height of fourteen feet
[4.27 meters], whether loaded or unloaded. This height limitation does not affect any
present structure such as bridges and underpasses that are not fourteen feet [4.27
meters] in height. This limitation does not apply to vehicles that are at most fifteen feet
six inches [4.72 meters] high when all of the following apply:
a. The vehicle is an implement of husbandry and is being moved by a resident
farmer, rancher, dealer, or manufacturer.
b. The trip is at most sixty miles [96.56 kilometers].
c. The trip is between sunrise and sunset.
d. None of the trip is on an interstate highway.
A vehicle operated on a highway in this state may not exceed the following length
limitations:
a. A single unit vehicle with two or more axles including the load thereon may not
exceed a length of fifty feet [15.24 meters].
b. A combination of two units including the load thereon may not exceed a length of
seventy-five feet [22.86 meters].
c. A combination of three or four units including the load thereon may not exceed a
length of seventy-five feet [22.86 meters], subject to any rules adopted by the
director that are consistent with public highway safety. The rules do not apply to a
three-unit combination consisting of a truck tractor and semitrailer drawing a
trailer or semitrailer.
d. A combination of two, three, or four units including the load thereon may be
operated on all four-lane divided highways and those highways in the state
designated by the director and local authorities as to the highways under their
respective jurisdictions and may not exceed a length of one hundred ten feet
[33.53 meters], subject to any rules adopted by the director that are consistent
with public highway safety.
e. The length of a trailer or semitrailer, including the load thereon, may not exceed
fifty-three feet [16.5 meters] except that trailers and semitrailers titled and
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registered in North Dakota before July 1, 1987, and towed vehicles may not
exceed a length of sixty feet [18.29 meters].
Length limitations do not apply to:
a. Building moving equipment.
b. Emergency tow trucks towing disabled lawful combinations of vehicles to a
nearby repair facility.
c. Vehicles and equipment owned and operated by the armed forces of the United
States or the national guard of this state.
d. Structural material of telephone, power, and telegraph companies.
e. Truck-mounted haystack moving equipment, provided the equipment does not
exceed a length of fifty-six feet [17.07 meters].
f. A truck tractor and semitrailer or truck tractor, semitrailer, and the trailer when
operated on the interstate highway system or parts of the federal aid primary
system as designated by the director, only when federal law requires the
exemption.
g. Safety and energy conservation devices and any additional length exclusive
devices as determined by the highway patrol for the safe and efficient operation
of commercial motor vehicles. Length exclusive devices are appurtenances at the
front or rear of a commercial motor vehicle semitrailer or trailer, whose function is
related to the safe and efficient operation of the semitrailer or trailer.
Motor homes, house cars, travel trailers, fifth-wheel travel trailers, camping trailers,
and truck campers may exceed eight feet six inches [2.59 meters] in width if the
excess is attributable to an appurtenance that extends beyond the body of the vehicle
no more than six inches [15.24 centimeters] on either side of the vehicle. For purposes
of this subsection, the term appurtenance includes a shade awning and its support
hardware, and any appendage that is intended to be an integral part of a motor home,
house car, travel trailer, fifth-wheel travel trailer, camping trailer, or truck camper.
39-12-05. Weight limitations for vehicles on interstate system.
A person may not operate on a highway which is part of the interstate system any vehicle:
1. With a single axle that carries a gross weight in excess of twenty thousand pounds
[9071.85 kilograms] or a wheel load over ten thousand pounds [4535.92 kilograms]. A
wheel may not carry a gross weight over five hundred fifty pounds [249.48 kilograms]
for each inch [2.54 centimeters] of tire width except that such limits may not be applied
to tires on the steering axle. Steering axle weights are limited to twenty thousand
pounds [9071.85 kilograms] or the axle rating established by the manufacturer,
whichever is lower. Axles spaced forty inches [101.60 centimeters] apart or less are
considered as one axle and, on axles spaced over forty inches [101.60 centimeters]
and under eight feet [2.44 meters] apart, the axle load may not exceed seventeen
thousand pounds [7711.07 kilograms] per axle. The wheel load, in any instance, may
not exceed one-half the allowable axle load. Spacing between axles is measured from
axle center to axle center.
2. Subject to the limitations imposed by subsection 1 on tires, wheel, and axle loads, the
gross weight of which exceeds that determined by the formula of:
W = 500 (LN/N-1 + 12N + 36)
where W equals maximum weight in pounds carried on any group of more than one
axle; L equals distance in feet between the extremes of any group of consecutive
axles; and N equals number of axles in the group under consideration, except that two
consecutive sets of tandem axles may carry a gross load of thirty-four thousand
pounds [15422.14 kilograms] each, providing the overall distance between the first and
last axles of the consecutive sets of tandem axles is at least thirty-six feet [10.97
meters]. The gross weight may not exceed eighty thousand pounds [36287.39
kilograms].
39-12-05.1. Weight limitations for vehicles on designated highways.
Repealed by S.L. 1983, ch. 441, § 3.
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39-12-05.2. Interstate weight limitations if permitted by the Congress of the United
States.
If congressional action occurs authorizing a greater gross weight on the interstate system
than allowed under section 39-12-05, a person may operate on an interstate highway a vehicle
the gross weight of which is at most the weight allowed by the congressional action.
39-12-05.3. Weight limitations for vehicles on highways other than the interstate
system.
1. A person may not operate on a highway that is not part of the interstate system any
vehicle with a single axle that carries a gross weight in excess of twenty thousand
pounds [9071.85 kilograms] or a wheel load over ten thousand pounds [4535.92
kilograms]. A wheel may not carry a gross weight over five hundred fifty pounds
[249.48 kilograms] for each inch [2.54 centimeters] of tire width. Axles spaced forty
inches [101.60 centimeters] apart or less are considered as one axle. On axles spaced
over forty inches [101.60 centimeters] and under eight feet [2.44 meters] apart, the
axle load may not exceed nineteen thousand pounds [8618.26 kilograms] per axle,
with a maximum of thirty-four thousand pounds [15422.14 kilograms] gross weight on
a tandem axle and a maximum of forty-eight thousand pounds [21772.32 kilograms]
gross weight on any grouping of three or more axles. The wheel load, in any instance,
may not exceed one-half the allowable axle load. Spacing between axles is measured
from axle center to axle center.
2. Subject to the limitations imposed by subsection 1 on tires, wheel, and axle loads, a
person may not operate on a highway that is not part of the interstate system any
vehicle the gross weight of which exceeds that determined by the formula of:
W = 500 (LN + 12N + 36)
N-1
where W equals the maximum gross weight in pounds on any vehicle or combination
of vehicles; L equals distance in feet between the two extreme axles of any vehicle or
combination of vehicles; and N equals the number of axles of any vehicle or
combination of vehicles under consideration. The gross weight on state highways may
not exceed one hundred five thousand five hundred pounds [47854.00 kilograms]
unless otherwise posted and on all other highways the gross weight may not exceed
eighty thousand pounds [36287.39 kilograms] unless designated by local authorities
for highways under their jurisdiction for gross weights not to exceed one hundred five
thousand five hundred pounds [47854.00 kilograms]. Local authorities are encouraged
to assess all roads under their jurisdiction and designate the roads for the appropriate
weight limits allowed under this subsection.
3. The gross weight limitations in subsections 1 and 2 do not apply to equipment the
director and the state highway patrol approve for exemption. The exemption may not
exceed one hundred five thousand five hundred pounds [47854.00 kilograms]. For
every vehicle approved for exemption the highway patrol shall issue a nontransferable
permit valid for one year. The highway patrol may charge an administrative fee for the
permit.
4. The director, and local authorities, as to the highways under their respective
jurisdictions, may issue permits authorizing a specific motor vehicle to exceed the
weight limitations stated in subsections 1 and 2 by ten percent. The permits may not
provide for a gross weight in excess of one hundred five thousand five hundred
pounds [47854.00 kilograms]. The permits must provide only for the movement of
agricultural products from the field of harvest to the point of initial storage site, and for
the collection and transport of solid wastes, during the period from July fifteenth to
December first, and for the general movement of products during the period from
December first to March seventh. The appropriate jurisdictional authority shall
establish an appropriate fee for the permits and direct how they shall be issued. The
highway patrol shall issue the permits authorized by the director.
5. The director, and local authorities, as to highways under their respective jurisdictions,
may issue permits authorizing all vehicles carrying potatoes or sugar beets to exceed
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weight limitations stated in subsections 1 and 2 by ten percent during the period from
July fifteenth to December first. The permits may not provide for a gross weight in
excess of one hundred five thousand five hundred pounds [47854.00 kilograms]. The
appropriate jurisdictional authority shall establish an appropriate fee for the permits
and direct how they shall be issued. The highway patrol shall issue the permits
authorized by the director.
The gross weight limitations in subsections 1 and 2 do not apply to movement of a
self-propelled fertilizer spreader if the weight of a single axle does not exceed
twenty-two thousand pounds [9973.03 kilograms] and does not exceed five hundred
fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. The gross
weight limitations in subsections 1 and 2 do not apply to movement of a self-propelled
agricultural chemical applicator if the weight of a single axle does not exceed
twenty-two thousand pounds [9973.03 kilograms] and does not exceed five hundred
fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width. The
highway patrol shall issue a seasonal permit for the commercial movement of vehicles
exempted by this subsection. The seasonal permit issued under this subsection or
under subdivision d of subsection 1 of section 39-12-04 entitles an individual with the
permit to operate a vehicle as allowed by either of these provisions. A seasonal permit
issued under this subsection is subject to the requirements of subdivision d of
subsection 1 of section 39-12-04.
The weight limitations in subsections 1 and 2 do not apply to equipment the director
and the state highway patrol approve for exemption but the weight limitations in
section 39-12-05 do apply to that equipment. For every vehicle approved for
exemption, the highway patrol shall issue a nontransferable bridge length permit valid
for a single trip or a calendar year.
The axle weight limitations in subsection 1 do not apply to movements of implements
of husbandry or equipment with pneumatic tires used for construction which is used by
an agricultural producer while using the equipment for the producer's agricultural,
horticultural, or livestock operations if the maximum wheel load does not exceed five
hundred fifty pounds [249.48 kilograms] for each inch [2.54 centimeters] of tire width
and if the gross weight limitation in this section is not exceeded.
39-12-06. Limitations on extending of load beyond side of motor vehicle.
No motor vehicle carrying any load beyond the lines of the left fenders of such vehicle nor
extending more than twelve inches [30.48 centimeters] beyond the line of the fenders on the
right side of such vehicle may be operated on the highways, except as permitted by section
39-12-04. The department of transportation or the highway patrol shall have authority to revoke
permits when such holder violates or abuses the privilege or conditions of permit.
39-12-07. Peace officers may weigh vehicle to determine load - Decreasing gross
weight of vehicle.
Every police officer, including members of the state highway patrol, having reason to believe
that the weight of a vehicle and the load carried thereon is unlawful, may weigh such vehicle
and load or have the same weighed either by means of portable or stationary scales, and for
that purpose the officer may require the vehicle to be driven to the nearest scales. Such officer
may require the driver of such vehicle immediately to unload such portion of the load as may be
necessary to decrease the gross weight to the maximum allowed by the provisions of this
chapter.
39-12-08. Penalty for violation of chapter.
A person operating a motor vehicle or the owner of the motor vehicle being operated without
a permit as specified in this chapter must be assessed a fee of one hundred dollars. Any person
violating any other provision of this chapter, for which a specific penalty is not provided, must be
assessed a fee of twenty dollars. Violating the conditions of any permit type automatically voids
the permit. For a permit allowed under this chapter, if the violation is of a permit issued by a
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county under a home rule ordinance or any city, including a home rule city, the statutory fee is
for a violation of state law in an amount provided by this section.
39-12-09. Unlawful to violate provisions governing size, weight, or construction of
vehicles - Size and weight specified in this chapter lawful through state - Penalty.
It is unlawful for any person to drive or move, or for the owner to cause or knowingly to
permit to be driven or moved, on any highway, any vehicle or vehicles which are not constructed
as required in this chapter nor according to the rules and regulations of the director adopted
pursuant to the provisions of this chapter. The maximum size and weight of vehicles specified in
this chapter are lawful throughout this state, except as they may be limited by virtue of
specifications made pursuant to the other provisions of this chapter. Any person who violates
any of the provisions of this section must be assessed a fee of twenty dollars.
39-12-10. Flag or light to be displayed at end of load.
Repealed by S.L. 1963, ch. 283, § 20.
39-12-11. Impounding overweight vehicle.
Any vehicle found to have been moved or used upon any highway, street, or road in this
state at a weight exceeding the limitations as specified in any order, ordinance, or resolution
issued under section 39-12-03 or as limited by section 39-12-05 may be impounded by any
peace officer and taken to a warehouse or garage for storage.
39-12-12. Impounding receipt - Information.
A receipt must be given by the officer impounding the vehicle, to the driver or person in
charge of such vehicle. Such receipt must identify as nearly as possible, the owner of the
vehicle and cargo, the driver or person in charge of such vehicle, the cargo, the place the
vehicle is to be stored during impoundment, the weight of the loaded vehicle and the name and
address of the impounding officer. Information as to the owner of the vehicle and cargo must be
obtained from the driver or person in charge of the vehicle.
39-12-13. Impounding notice - Perishables.
The impounding officer shall notify the owner or owners, if they can be found, by wire or
telephone, of the impoundment and the charges involved. If the cargo consists of perishables,
the impounding officer shall use reasonable diligence in assisting the operator or owner in
finding suitable storage facilities for such perishables, but all risk of loss or damage to such
perishables must be upon the owner, operator, or lessee of such vehicle.
39-12-14. Civil complaint.
The state's attorney of the county where such vehicles are impounded, shall, if no
settlement is made under section 39-12-14.1, immediately prepare and file a civil complaint on
behalf of the authority having jurisdiction of the road whereon the violation occurred, for the
purpose of recovering charges for the extraordinary use of the highways, streets, or roads of
this state.
39-12-14.1. (Effective through June 30, 2017) Voluntary settlement of extraordinary
road use fee charges.
Before the complaint is issued under section 39-12-14, the owner, or the owner's driver or
agent, may voluntarily pay the amount of the extraordinary road use fee, or may provide proof of
surety coverage to ensure payment of the extraordinary road use fee, provided under section
39-12-17, plus any towing or storage costs. Any settlement, whether made by the owner, or the
owner's driver or agent, is presumed to be voluntary. A peace officer or a peace officer's
designee is authorized to receive the settlement payment on behalf of the authority having
jurisdiction over the road on which the violation occurred. The extraordinary road use fees for a
violation on an interstate or on a state highway must be deposited with the state treasurer to be
credited to the state highway fund. Extraordinary road use fees for a violation that did not occur
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on an interstate or a state highway must be deposited in the general fund of the jurisdiction
having authority over the road on which the violation occurred and must be used for the support
of the road system of that jurisdiction.
(Effective after June 30, 2017) Voluntary settlement of extraordinary road use fee
charges. Before the complaint is issued pursuant to section 39-12-14, the owner, or the owner's
driver or agent, may voluntarily pay the amount of the extraordinary road use fee, or may
provide proof of surety coverage to ensure payment of the extraordinary road use fee, provided
under section 39-12-17, plus any towing or storage costs. Any settlement, whether made by the
owner, or the owner's driver or agent, must be presumed to be of a voluntary nature. A peace
officer or a peace officer's designee is authorized to receive the settlement payment on behalf of
the authority having jurisdiction of the road whereon the violation occurred. The extraordinary
road use fees must be deposited with the state treasurer to be credited to the highway fund.
39-12-15. Mailing complaint.
A copy of the complaint must be served upon the driver or person in charge of the vehicle
and a copy must be sent by registered or certified mail to the owner of the vehicle, if the address
of such owner is known.
39-12-16. Cash bond - Holding.
Unless a cash bond is furnished in an amount sufficient to cover the charges for
extraordinary use of highways, streets, and roads, as provided in section 39-12-18, together
with the costs which may be collectible under any subsequent settlement made pursuant to
section 39-12-14.1, said vehicle must be held until a trial of the case can be had before the
district court.
39-12-17. Trial - Charges.
At the trial of the action, the court shall hear testimony concerning the facts and if it is found
that such vehicle or vehicles were moved upon the highways, streets, or roads of this state at a
weight in excess of the limitations imposed under the provisions of section 39-12-03 or as
limited by the provisions of section 39-12-05, charges for the extraordinary use of the highways,
streets, or roads must be assessed as follows:
1. The storage charges and costs of the action must be assessed; and
2. An additional charge must be assessed as follows:
1 to 1,000 pounds [.45 to 453.59 kilograms] of excess weight = $20
1,001 to 2,000 pounds [454.05 to 907.18 kilograms] of excess weight = $40
2,001 to 3,000 pounds [907.64 to 1360.78 kilograms] of excess weight = $60
3,001 to 4,000 pounds [1361.23 to 1814.37 kilograms] of excess weight = $140
4,001 to 5,000 pounds [1814.82 to 2267.96 kilograms] of excess weight = $220
5,001 to 6,000 pounds [2268.41 to 2721.55 kilograms] of excess weight = $305
6,001 to 7,000 pounds [2722.01 to 3175.14 kilograms] of excess weight = $380
7,001 to 8,000 pounds [3175.60 to 3628.74 kilograms] of excess weight = $495
8,001 to 9,000 pounds [3629.19 to 4082.33 kilograms] of excess weight = $575
9,001 to 10,000 pounds [4082.78 to 4535.92 kilograms] of excess weight = $655
10,001 to 11,000 pounds [4536.37 to 4989.51 kilograms] of excess weight =
$1,100
11,001 to 12,000 pounds [4989.97 to 5443.10 kilograms] of excess weight =
$1,200
12,001 to 13,000 pounds [5443.56 to 5896.70 kilograms] of excess weight =
$1,300
13,001 to 14,000 pounds [5897.15 to 6350.29 kilograms] of excess weight =
$1,680
14,001 to 15,000 pounds [6350.74 to 6803.88 kilograms] of excess weight =
$1,800
15,001 to 16,000 pounds [6804.33 to 7257.47 kilograms] of excess weight =
$1,920
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16,001 to 17,000 pounds [7257.93 to 7711.06 kilograms] of excess weight =
$2,550
17,001 to 18,000 pounds [7711.52 to 8164.66 kilograms] of excess weight =
$2,700
18,001 to 19,000 pounds [8165.11 to 8618.25 kilograms] of excess weight =
$2,850
19,001 to 20,000 pounds [8618.70 to 9071.84 kilograms] of excess weight =
$3,000
20,001 to 21,000 pounds [9072.29 to 9525.43 kilograms] of excess weight =
$4,200
21,001 to 22,000 pounds [9525.89 to 9979.02 kilograms] of excess weight =
$4,400
22,001 to 23,000 pounds [9979.48 to 10432.62 kilograms] of excess weight =
$4,600
23,001 to 24,000 pounds [10433.07 to 10886.21 kilograms] of excess weight =
$4,800
24,001 to 25,000 pounds [10886.66 to 11339.80 kilograms] of excess weight =
$5,000
25,001 to 26,000 pounds [11340.25 to 11793.40 kilograms] of excess weight =
$5,200
26,001 to 27,000 pounds [11793.86 to 12246.99 kilograms] of excess weight =
$5,400
27,001 to 28,000 pounds [12247.45 to 12700.59 kilograms] of excess weight =
$5,600
28,001 to 29,000 pounds [12701.04 to 13154.18 kilograms] of excess weight =
$5,800
29,001 to 30,000 pounds [13154.63 to 13607.77 kilograms] of excess weight =
$6,000
An additional charge of $200 for every 1,000-pound [453.59-kilogram] increase
over 30,000 pounds [13607.77 kilograms] consistent with the above formula.
39-12-18. Payment of charges - Confiscation - Sale.
If the charges and costs as provided in section 39-12-17 are not paid immediately from a
cash bond previously posted or other cash payment, the judge shall order the vehicle
confiscated and sold by the sheriff of the county at a public sale to the highest bidder and the
proceeds applied to the payment of the charges and costs assessed under the provisions of
sections 39-12-11 through 39-12-22.
39-12-19. Payment - Effect.
The payment of charges may not be construed as a payment for the future use of highways,
streets, or roads by vehicles carrying excess loads.
39-12-20. (Effective through June 30, 2017) Proceeds of sale - Continuing
appropriation.
The proceeds of sale must be deposited with the state treasurer. For a violation on an
interstate or a state highway, the state treasurer shall deposit in the state highway fund an
amount equal to the amount of the charges assessed under section 39-12-17 after paying the
costs to the county. For any violation, an amount equal to the costs of the proceedings,
including attorney's and witness fees and costs, is appropriated on a continuing basis out of the
funds collected to the county of prosecution for the purpose of defraying the costs of
prosecution. From the proceeds of sale for a violation that did not occur on an interstate or a
state highway, the amount of charges assessed under section 39-12-17 is appropriated on a
continuing basis and must be deposited in the general fund in the jurisdiction in which the
violation occurred and must be used for the support of the road system of that jurisdiction. The
balance of the proceeds of any sale after the payment of costs and charges is appropriated on a
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continuing basis out of the funds collected to be paid to the person entitled to the proceeds as
determined by the court or must be deposited with the clerk of court for payment to that person.
(Effective after June 30, 2017) Proceeds of sale - Continuing appropriation. The
proceeds of sale must be deposited with the state treasurer. The state treasurer shall deposit in
the highway fund an amount equal to the amount of the charges assessed pursuant to section
39-12-17 after paying the costs to the county. An amount equal to the costs of the proceedings,
including attorney's and witness fees and costs, is appropriated on a continuing basis out of the
funds collected to the county in which the prosecution took place for the purpose of defraying
the costs of prosecution. The balance of the proceeds of any sale after the payment of costs
and charges is appropriated on a continuing basis out of the funds collected to be paid to the
person entitled thereto as determined by the court or must be deposited with the clerk of court
for such payment.
39-12-21. Penalty.
Any driver of a vehicle who refuses to stop and submit the vehicle and load to a weighing
when directed to do so by any police officer or any agent of this state having police powers
relating to motor vehicles is guilty of a class B misdemeanor.
39-12-22. Permissible loads - Exceptions.
When any motor truck, truck tractor, or trailer is operated upon the public highways of this
state carrying a load in excess of the maximum prescribed under the provisions of sections
39-12-03 and 39-12-05 or other maximum weight limitations prescribed by law, the load must be
reduced or shifted to within such maximum limitations before being permitted to operate on any
public highway of this state; provided, however, that any such vehicle carrying a load of
livestock is exempt from the limitations prescribed in section 39-12-05, relating to the carrying
capacity of any wheel, tire, axle, or group of axles when excessive weight is caused by a shifting
of the weight of the livestock. All material unloaded as required by this section must be cared for
by the owner or operator of such vehicle at the risk of such owner or operator.
39-12-23. Governor's order authorizing excess limits.
The governor of this state is hereby authorized, by order of general application, to permit
and prescribe definite excess limitations as to size and weight for the operation of motor
vehicles in emergencies and to meet unusual conditions for the general welfare of the public.
The operation of such vehicles, in accordance with the governor's order, does not constitute
a violation of the statutes relative to limitations on sizes and weights.
39-12-24. Authority for cooperative regional permit agreements on excess size or
weight vehicles.
1. The superintendent and the director, or the director's designee, may enter cooperative
regional permit agreements with any state that has enacted a law authorizing the
agreement for the regional operation or movement of nondivisible oversize or
overweight vehicles and to facilitate the uniform application, administration, and
enforcement of laws concerning nondivisible oversize or overweight vehicles.
2. The agreement may include the establishment of a regional permit system for the
operation or movement of nondivisible oversize or overweight vehicles from one state
in the region to or through other states in the region under a single-trip permit in
accordance with the requirements of any state that is a party to the agreement.
3. The North Dakota highway patrol and the department may enter the agreement with
any state that has enacted a law authorizing the agreement to:
a. Authorize any state to issue regional permits for nondivisible oversize or
overweight vehicles to operate on North Dakota state highways. A regional permit
issued by any state must conform to North Dakota permit requirements in chapter
39-12, the rules and regulations implementing chapter 39-12, and as required in
the agreement;
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b.
4.
5.
6.
7.
8.
Issue regional permits for nondivisible oversize or overweight vehicles to operate
on highways of any state that has enacted laws authorizing the agreement in
accordance with the laws of the state and as required in the agreement; and
c. Agree to the administration of the agreement by any state that is party to the
agreement.
The North Dakota highway patrol may enforce the terms of any regional permit
concerning the operation of the permitted vehicle on North Dakota state highways
according to North Dakota law.
The agreement must provide that employees and officials of any state that is party to
the agreement who administer or enforce the agreement, or who otherwise act under
the terms of the agreement, may not be eligible for compensation, employee rights, or
benefits from North Dakota and may not be considered employees or officials of North
Dakota.
The agreement may provide for uniform procedures and standards for nondivisible
oversize and overweight vehicles and regional permits, including enforcement
procedures, safety inspection standards, operational standards, permit and application
form procedures, and driver qualifications.
The North Dakota highway patrol shall deposit all fees it may collect for regional
permits on behalf of any state included in the agreement into a fund established as the
regional permit fund. All moneys collected by the North Dakota highway patrol as fees
for the issue of a regional permit and deposited into the regional permit fund are
appropriated on a continuing basis for the purpose of paying each state included in the
agreement for each state's respective share of the total fees collected for the regional
permit. The North Dakota highway patrol shall deposit all moneys collected on behalf
of North Dakota for regional permits issued under this section into the state highway
fund in accordance with section 39-12-02.
Notwithstanding any provision of this section to the contrary, all North Dakota statutes
and rules and regulations prescribing size or weight vehicle requirements, or relating
to permits for oversize or overweight vehicles, remain in full force and effect until
amended or repealed by law, and the agreement entered under this section must
comply with North Dakota statutes and rules and regulations.
39-12-25. Bank of North Dakota - Line of credit.
The Bank of North Dakota shall extend a line of credit not to exceed two million five hundred
sixty thousand dollars to the highway patrol until June 30, 2015, to establish an online electronic
permit system. The highway patrol may access this line of credit and shall repay the line of
credit with funds in the motor carrier electronic permit transaction fund.
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