N.D. Cent. Code § 39-06.1-06

Current through 2023 Legislative Sessions
Section 39-06.1-06 - Amount of statutory fees

The fees required for a noncriminal disposition under section 39-06.1-02 or 39-06.1-03 must be as follows:

1. For a nonmoving violation as defined in section 39-06.1-08, a fee of twenty dollars except for a violation of any traffic parking regulation on any state charitable or penal institution property or on the state capitol grounds, a fee in the amount of five dollars, excluding a violation of subsection 11 of section 39-01-15.
2. For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except for:
a. A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, a fee of fifty dollars.
b. A violation of section 39-10-05 involving failure to yield to a pedestrian or subsection 1 of section 39-10-28, a fee of fifty dollars.
c. A violation of section 39-21-41.2, a fee of twenty-five dollars.
d. 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.
e. A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one hundred dollars.
f. A violation of subsection 6 of section 39-04-37, a fee of one hundred dollars.
g. A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty dollars.
h. A violation of section 39-10-59, a fee of five hundred dollars.
i. A violation of section 39-09-01, a fee of thirty dollars.
j. A violation of section 39-09-01.1, a fee of thirty dollars.
k. A violation of section 39-10-46 or 39-10-46.1, a fee of one hundred dollars.
l. A violation of subsection 1 of section 39-08-20, one hundred fifty dollars for a first violation and three hundred dollars for a second or subsequent violation in three years.
m. A violation of section 39-10-24 or 39-10-44, a fee of forty dollars.
n. A violation of section 39-10-50.1, a fee of fifty dollars.
o. A violation of section 39-19-03, a fee of fifty dollars.
3. For a violation of section 39-21-44 or a rule adopted under that section, a fee of two hundred fifty dollars.
4. Except as provided in subsections 5 and 7, for a violation of section 39-09-02, or an equivalent ordinance, a fee established as follows:

Miles per hour over lawful speed limit

Fee

1 - 5

$ 5

6 - 10

$ 5 plus $1/each mph over 5 mph over limit

11 - 15

$ 10 plus $1/each mph over 10 mph over limit

16 - 20

$ 15 plus $2/each mph over 15 mph over limit

21 - 25

$ 25 plus $3/each mph over 20 mph over limit

26 - 35

$ 40 plus $3/each mph over 25 mph over limit

36 - 45

$ 70 plus $3/each mph over 35 mph over limit

46 +

$100 plus $5/each mph over 45 mph over limit

5. On a highway on which the speed limit is a speed higher than fifty-five miles [88.51 kilometers] an hour, for a violation of section 39-09-02, or an equivalent ordinance, a fee established as follows:

Miles per hour over lawful speed limit

Fee

1 - 10

$2/each mph over limit

11 +

$20 plus $5/each mph over 10 mph over limit

6. For a violation of section 39-06.2-10.9 or subsection 3 of section 39-21-46, a fee established as follows:
a. Driving more than eleven hours since the last ten hours off duty, driving after fourteen hours on duty since the last ten hours off duty, driving after sixty hours on duty in seven days or seventy hours in eight days, no record of duty status or log book in possession, failing to retain previous seven-day record of duty status or log book, or operating a vehicle with four to six out-of-service defects, one hundred dollars;
b. False record of duty status or log book or operating a vehicle with seven to nine out-of-service defects, two hundred fifty dollars;
c. Operating a vehicle after driver placed out of service, operating a vehicle with ten or more out-of-service defects, or operating a vehicle that has been placed out of service prior to its repair, five hundred dollars; and
d. All other violations of motor carrier safety rules adopted under subsection 3 of section 39-21-46, fifty dollars.
7. On a highway on which the speed limit is posted in excess of sixty-five miles [104.61 kilometers] an hour, for a violation of section 39-09-02, or equivalent ordinance, a fee of five dollars for each mile per hour over the limit.
8. For a violation of a school zone speed limit under subdivision b of subsection 1 of section 39-09-02, a fee of forty dollars for one through ten miles per hour over the posted speed; and forty dollars, plus one dollar for each additional mile per hour over ten miles per hour over the limit unless a greater fee would be applicable under this section.
9. For a violation of a highway construction zone speed limit under subsection 2 of section 39-09-02, a fee of eighty dollars for one through ten miles per hour over the posted speed; and eighty dollars plus two dollars for each mile per hour over ten miles per hour over the limit, unless a greater fee would be applicable under this section. The fee in this subsection does not apply to a highway construction zone unless individuals engaged in construction are present at the time and place of the violation and the posted speed limit sign states "Minimum Fee $80".

N.D.C.C. § 39-06.1-06

Amended by S.L. 2021, ch. 283 (HB 1502),§ 6, eff. 8/1/2021.
Amended by S.L. 2021, ch. 283 (HB 1502),§ 5, eff. 8/1/2021.
Amended by S.L. 2021 , ch. 280( SB 2097 ), § 2, eff. 8/1/2021.
Amended by S.L. 2019 , ch. 327( HB 1405 ), § 2, eff. 8/1/2019.
Amended by S.L. 2019 , ch. 317( HB 1327 ), § 1, eff. 8/1/2019.
Amended by S.L. 2017 , ch. 269( HB 1430 ), § 1, eff. 8/1/2017.
Amended by S.L. 2017 , ch. 266( HB 1311 ), § 1, eff. 8/1/2017.
Amended by S.L. 2017 , ch. 257( HB 1211 ), § 2, eff. 8/1/2017.
Amended by S.L. 2015 , ch. 263( SB 2211 ), § 1, eff. 8/1/2015.
Amended by S.L. 2013 , ch. 297( HB 1321 ), § 1, eff. 8/1/2013.
Amended by S.L. 2013 , ch. 295( SB 2044 ), § 6, eff. 8/1/2013.
Amended by S.L. 2011 , ch. 268( SB 2207 ), § 3, eff. 4/27/2011.
Amended by S.L. 2011 , ch. 280( SB 2157 ), § 1, eff. 8/1/2011.
Amended by S.L. 2011 , ch. 279( HB 1195 ), § 1, eff. 8/1/2011.
Amended by S.L. 2011 , ch. 192( HB 1188 ), § 3, eff. 4/25/2011.