North Dakota driving laws
The rules your permit test asks about, in plain English. Each one is quoted from North Dakota’s statutes or an official DOT page. Handbooks are often years out of date, so where the law has changed we follow the law.
Checked October 2, 2026.
Phones and texting
No driver may compose, read or send a text, email or other electronic message while the vehicle is part of traffic, including when stopped at a light or sign. Instruction permit holders, and licensed drivers under 18, may not use a phone or other device at all while moving, not even hands-free, except to get emergency help.
Official wording (6 sources)
“The operator of a motor vehicle that is part of traffic may not use a wireless communications device to compose, read, or send an electronic message.”
ndlegis.gov“direct initiation by an individual; or (6) A wireless communications device used in a voice-activated, voice-operated, or any other hands-free manner.”
ndlegis.gov“An individual at least sixteen and under eighteen years of age who has been issued a class D license may not operate an electronic communication device to talk, compose, read, or send an electronic message while operating a motor vehicle that is in motion”
ndlegis.gov“The permittee may not operate an electronic communication device to talk, compose, read, or send an electronic message while operating a motor vehicle that is in motion unless the sole purpose of operating the device is to obtain emergency assistance”
ndlegis.gov“A violation of subsection 1 of section 39-12-02, section 39-08-23, or section 39-08-25, a fee of one hundred dollars.”
ndlegis.gov“For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except for:”
ndlegis.gov
Alcohol and drugs (DUI)
It is illegal to drive or be in actual physical control with an alcohol concentration of 0.08 or more (0.02 if under 21, 0.04 in a commercial vehicle), or while under the influence of alcohol or drugs. Refusing a chemical test is itself an offense and brings a license revocation of 180 days to 3 years.
Official wording (9 sources)
“That person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.”
ndlegis.gov“with respect to a person under twenty-one years of age, an alcohol concentration of at least two one-hundredths of one percent by weight at the time of the performance of a test within two hours after driving”
ndlegis.gov“Any person who drives or is in actual physical control of a commercial motor vehicle within this state with an alcohol concentration of at least four one-hundredths of one percent by weight”
ndlegis.gov“who refuses to submit to a chemical test, or tests, required under section 39-06.2-10.2 or 39-20-01, is guilty of an offense under this section.”
ndlegis.gov“refusal of the individual to submit to a test directed by the law enforcement officer may result in a revocation of the individual's driving privileges for a minimum of one hundred eighty days and up to three years.”
ndlegis.gov“For a first offense, the sentence must include both a fine of at least five hundred dollars and an order for addiction evaluation by an appropriate licensed addiction treatment program.”
ndlegis.gov“the offense is an aggravated first offense and the sentence must include a fine of at least seven hundred fifty dollars and at least two days' imprisonment.”
ndlegis.gov“guilty of a class B misdemeanor for the first or second offense in a seven-year period”
ndlegis.gov“For one hundred eighty days if the operator's record shows the person has not violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation and the last violation was for an alcohol concentration of at least eighteen one-hundredths of one percent by weight.”
ndlegis.gov
Seat belts and child seats
Every occupant of a passenger vehicle built with seat belts must be buckled, front and back, and officers can stop you for it alone. Children under 8 ride in a child restraint unless they are at least 57 inches tall; children 8 through 17 use a child restraint or a seat belt.
Official wording (6 sources)
“A driver may not operate upon a highway a motor vehicle designed for carrying fewer than eleven passengers, which was originally manufactured with safety belts unless each occupant is wearing a properly adjusted and fastened safety belt.”
ndlegis.gov“39-21-41.5. Secondary enforcement. Repealed by S.L. 2023, ch. 362, § 2.”
ndlegis.gov“If a child, under eight years of age, is present in a motor vehicle, that motor vehicle must be equipped with at least one child restraint system for the child.”
ndlegis.gov“However, a child under the age of eight who is at least fifty-seven inches [1.45 meters] tall is not required to use a child restraint system, but must be correctly buckled in a safety belt.”
ndlegis.gov“each child of eight through seventeen years of age who is in the motor vehicle must be in an approved child restraint system in accordance with the manufacturer's instructions or correctly buckled in a safety belt.”
ndlegis.gov“A violation of section 39-21-41.2, a fee of twenty-five dollars.”
ndlegis.gov
Move Over law
When an emergency vehicle or NDDOT maintenance vehicle is stopped with its lights flashing on the Interstate or a multilane highway outside a city, move to a lane not next to it if you safely can; if you can't, slow down and proceed with caution.
Official wording (4 sources)
“the driver of an approaching vehicle shall proceed with caution and yield the right of way by moving to a lane that is not adjacent to the authorized emergency vehicle if the move may be made with due regard to safety and traffic conditions or if not, the driver shall proceed with due caution, reduce the speed of the vehicle”
ndlegis.gov“If a vehicle operated by or under the control of the director used for maintaining the state highway system is parked or stopped on the interstate system or on a multilane highway outside the limits of a city, and the vehicle is displaying a flashing, revolving, or rotating amber or white light”
ndlegis.gov“approaching traffic shall move to the right-hand edge or curb of the roadway and shall stop, but once having stopped, traffic may proceed past the scene at its own risk when the roadway is clear”
ndlegis.gov“A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty dollars.”
ndlegis.gov
School buses
Traffic from both directions must stop for a school bus showing flashing red lights or its stop arm, and wait until the bus moves, the driver signals you on, or the lights and stop arm are turned off. You need not stop if the bus is on a separate roadway of a divided highway.
Official wording (4 sources)
“The driver of a vehicle meeting or overtaking from either direction any schoolbus stopped on the highway shall stop the vehicle before reaching the schoolbus when there is in operation on the schoolbus the flashing red lights or the stop sign on the control arm”
ndlegis.gov“the driver may not proceed until the schoolbus resumes motion, the driver is signaled by the schoolbus driver to proceed, or the flashing red lights and the stop sign on the control arm are no longer actuated.”
ndlegis.gov“The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a schoolbus which is on a different roadway”
ndlegis.gov“A violation of section 39-10-46 or 39-10-46.1, a fee of two hundred fifty dollars.”
ndlegis.gov
Speed limits
Unless signs say otherwise: 25 mph in business and residential districts, 20 mph passing a school during school hours, 55 mph on gravel roads and unposted two-lane county roads, 65 mph on posted two-lane highways, 70 mph on divided multilane highways and 80 mph on the Interstate.
Official wording (6 sources)
“Twenty-five miles [40.23 kilometers] an hour on any highway in a business district or in a residence district or in a public park, unless a different speed is designated and posted by local authorities.”
ndlegis.gov“Twenty miles [32.19 kilometers] an hour when passing a school during school recess or while children are going to or leaving school during opening or closing hours”
ndlegis.gov“Fifty-five miles [88.51 kilometers] an hour on gravel, dirt, or loose surface highways, and on paved two-lane county and township highways if there is no speed limit posted”
ndlegis.gov“Sixty-five miles [104.61 kilometers] an hour on paved two-lane highways if posted for that speed”
ndlegis.gov“Seventy miles [112.65 kilometers] an hour on paved and divided multilane highways, unless otherwise permitted, restricted, or required by conditions.”
ndlegis.gov“Eighty miles [128.75 kilometers] an hour on access-controlled, paved and divided, multilane interstate highways, unless otherwise permitted, restricted, or required by conditions.”
ndlegis.gov
After a crash
If a crash causes injury, death, or apparent property damage of at least $4,000, the driver must immediately notify the local police (inside a city) or the county sheriff or Highway Patrol (outside a city).
Official wording (4 sources)
“The driver of a vehicle involved in an accident resulting in injury to or death of any individual, or property damage to an apparent extent of at least four thousand dollars”
ndlegis.gov“or property damage to an apparent extent of at least four thousand dollars, shall immediately give notice of the accident to the local police department if the accident occurs within a municipality, otherwise to the office of the county sheriff or the state highway patrol.”
ndlegis.gov“then within five days of the accident the driver shall supply that information to the driver's license division in the form the division requires.”
ndlegis.gov“The driver of a vehicle involved in an accident with an undomesticated animal resulting in property damage only to the driver's vehicle is exempt from the notice requirements of this section”
ndlegis.gov
Insurance
North Dakota requires liability insurance of at least $25,000 per person and $50,000 per crash for injury, and $25,000 for property damage, plus no-fault (personal injury protection) coverage of $30,000 per person.
Official wording (3 sources)
“twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and subject to said limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars”
ndlegis.gov“The maximum amount of basic no-fault benefits payable for all economic loss incurred and resulting from accidental bodily injury to any one person as the result of any one accident may not exceed thirty thousand dollars”
ndlegis.gov“A person may not drive, or the owner may not cause or knowingly permit to be driven, a motor vehicle in this state without a valid policy of liability insurance in effect”
ndlegis.gov
Motorcycle helmets
Motorcycle operators and passengers under 18 must wear a DOT-compliant helmet, and if the operator must wear one, every passenger must too, whatever their age. Riders 18 and older may ride without a helmet. State law does not require eye protection.
Official wording (2 sources)
“No person under the age of eighteen years may operate or ride upon a motorcycle unless a safety helmet meeting United States department of transportation standards is being worn on the head of the operator and rider, except when participating in a lawful parade.”
ndlegis.gov“If the operator of a motorcycle is required to wear a safety helmet, any passenger must also wear a safety helmet regardless of the age of the passenger.”
ndlegis.gov
Motorcycle permit rules
You can get a Class M learner's permit at 14. Permit riders may not ride during headlight hours (after dark) or carry passengers; riders under 16 are limited to 510 cc and must take an approved motorcycle safety course and hold the permit 2 months before licensing.
Official wording (5 sources)
“A resident of this state who is at least fourteen years of age may apply to the director for a class M learner's permit.”
ndlegis.gov“may not operate the motorcycle during the hours when the use of headlights are required under section 39-21-01 or carry or transport any passenger. Any learner's permit may be renewed or a new permit issued for an additional period.”
ndlegis.gov“Applicants fourteen or fifteen years of age may be issued a motorcycle learner's permit if the applicant is enrolled in or has completed an approved motorcycle safety course.”
ndlegis.gov“Any person under sixteen years of age who holds a permit or license may not operate a motorcycle powered with an engine in excess of five hundred ten cubic centimeters displacement.”
ndlegis.gov“With a Basic Rider Course completion card from the Motorcycle Safety Foundation dated within one year, the road test will be waived.”
dot.nd.gov
Lane splitting
Lane splitting and filtering are illegal in North Dakota: a motorcycle may not ride between lanes or rows of vehicles, or pass in the same lane as the vehicle being passed. Motorcycles may ride at most two abreast in one lane.
Official wording (3 sources)
“The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken.”
ndlegis.gov“No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.”
ndlegis.gov“Motorcycles may not be operated more than two abreast in a single lane.”
ndlegis.gov
This page summarizes the law for study purposes and is not legal advice. Laws change; confirm with North Dakota Department of Transportation, Driver License Division.