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HB 1229

AN ACT to create and enact a new subdivision to subsection 2 of section 39-06.1-06 and section 39-10-71.1 of the North Dakota Century Code, relating to statutory fees for traffic offenses and a motor vehicle owner's responsibility regarding a driver who flees a peace officer; and to provide a penalty.

69th Legislative Assembly (2025-26) Introduced by Mike Beltz and 10 co-sponsors

HB 1229 lets owners be cited and fined if their vehicle is used to flee a peace officer, adding 2 points and civil fees while shifting more violations onto driving records.

Filed with Secretary Of State 05/02
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Bill Summary · HB 1229

Summary — HB 1229 (North Dakota) — Motor vehicle owner responsibility; traffic fees; driving‑record points

Status: Filed with Secretary of State (May 2, 2025). Introduced Nov. 12, 2024. Passed by the Legislative Assembly; enrolled and transmitted for executive action.

Purpose

HB 1229 creates a statutory mechanism to hold motor vehicle owners civilly responsible when a vehicle is used to flee or elude a peace officer, establishes associated fees, and changes how certain low‑point traffic violations are recorded on driving records. The bill also adds a distracted‑driving‑control offense to the points schedule.

Key provisions

  • New statutory offense/administrative rule: section 39‑10‑71.1 — "Motor vehicle owner's responsibility regarding a driver who flees a peace officer."

    • Presumption: the owner of a motor vehicle involved in a violation of the existing fleeing/eluding statute (39‑10‑71) is presumed to have violated 39‑10‑71.1.
    • Peace officer option: instead of pursuing the fleeing driver, an officer may investigate and may issue a traffic citation to the vehicle owner (service under the North Dakota Rules of Civil Procedure) within 96 hours of observing the violation.
    • Points: the offense is assigned 2 points on the driving record (per the enacted language).
    • Exceptions / defenses where the owner will not be found to have violated 39‑10‑71.1:
    • The actual driver has been charged under 39‑10‑71;
    • The vehicle was reported stolen before (or within a reasonable time after) the violation;
    • The owner cooperates with the peace officer or supplies information demonstrating the owner was not the driver;
    • For lessors: if the vehicle was leased and the lessor provides registration and renter name/address/license number, the lessee is presumed responsible.
    • Rental company carve‑out: the section does not apply to rental companies that rent vehicles for 90 days or less (i.e., short‑term rentals exempt).
    • Double‑charging prohibited: an individual may not be charged under both 39‑10‑71.1 and 39‑10‑71 for the same incident.

  • Statutory fee (section 39‑06.1‑06): a new fee schedule entry makes a violation of 39‑10‑71.1 subject to a civil fee of $100 for a first violation and $500 for a second or subsequent violation (except as the new statute otherwise provides).

  • Driving‑record entries (section 39‑06.1‑10 amended): lowers the threshold for which a reported violation is entered on the public driving record.

    • The director must enter points unless the assigned points are 1 or less; violations carrying 1 point or less are recorded separately (not public) but still count for point‑reduction and suspension purposes.
    • A new paragraph expressly lists "failure to maintain control of a motor vehicle while distracted in violation of section 39‑08‑25" as a reportable offense to be assigned points (i.e., distracted driving/control is added to the points schedule).

Who is affected

  • Motor vehicle owners and lessors (owners can receive citations and fees when their vehicles are used to flee a peace officer unless exceptions apply).
  • Lessees and renters (lessees may be presumed responsible if lessor provides renter information).
  • Short‑term rental businesses (rentals ≤90 days are exempt from owner liability under this section).
  • Drivers who flee peace officers (may still be charged criminally under 39‑10‑71).
  • Law enforcement (authorizes issuance of owner citations within 96 hours and offers an enforcement alternative to vehicle pursuit).
  • Driver records and licensing administration (more violations may be reflected on records; two‑point penalty and lowered public‑entry threshold may increase suspensions).

Procedural / timing notes

  • The bill as amended and advanced through conference included an emergency declaration in some versions; the enrolled/filing entries indicate the act was filed with the Secretary of State May 2, 2025. Emergency language in enacted versions suggests immediate effect upon approval where adopted; consult the official enrolled act for the exact effective date.

Practical impact

  • Creates a civil enforcement tool to discourage use of privately owned vehicles in fleeing incidents and to reduce pursuit‑related risks by allowing citation of owners.
  • Increases potential civil liability and administrative fees for vehicle owners; could incentivize owners/lessors to maintain records and cooperate with investigations.
  • Alters driving‑record administration (more infractions may become part of the public record and contribute toward suspension under the state points system).

Compiled from official sources — confirm details with the bill’s official record.

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