Bill
HB 1346
ND HB 1346 updates OHV definitions, lets local governments regulate OHV use, and sets penalties/fees for violations.
Status note (important)
- The documents provided include multiple distinct bills from different states that share the number “HB 1346.” This summary focuses on the North Dakota bill text included in the materials (amending N.D.C.C. chapter 39‑29). The supplied file set contains multiple drafts and engrossed/enrollment versions and contains some typographical inconsistencies in penalty amounts. Verify the final, official enrolled text on the North Dakota Legislature website for definitive fee amounts and final status.
Purpose and intent
- To update definitions, clarify local (political subdivision) rule‑making authority, and revise penalties and fee assessments related to the operation and regulation of off‑highway vehicles (OHVs) in North Dakota.
Key provisions
1. Definitions (amend § 39‑29‑01)
- Refines and restates definitions used throughout the chapter, including:
- “Off‑highway vehicle” (excludes electric bicycle; categorizes vehicles into Class I, II, III with dimensional/weight and equipment criteria).
- Adds/clarifies terms such as “operate,” “operator,” “owner,” “peace officer,” and “register.”
2. Local rulemaking (amend § 39‑29‑08(4))
- Explicitly authorizes governing bodies of political subdivisions (cities/counties) to adopt rules, ordinances, or regulations that regulate, restrict, or prohibit OHV use within their jurisdictional areas.
3. Penalties (amend § 39‑29‑12)
- Creates/maintains a class B misdemeanor for violations of certain specified subdivisions of § 39‑29‑09 (identified as subdivisions b, c, g in the text).
- Establishes infractions and monetary fees for other violations under chapter 39‑29 and for registration‑related violations. The draft texts contain varying numeric fee amounts (textual inconsistencies appear across versions); one clear provision imposes a $50 infraction for certain registration violations and allows a one‑half reduction if the offender proves registration since the violation.
4. (Earlier draft language)
- Some earlier draft pages (included among documents) also amend § 39‑29‑10 (operation by persons under 16) to require safety‑training certificates for operators ages 12–15 and require parental/guardian supervision — these provisions appear in some drafts but may not be present in the final enrolled draft you have.
Who is affected
- OHV owners, operators, and dealers in North Dakota.
- Local governments (cities/counties) exercising or establishing OHV rules.
- Law enforcement and courts (enforcement, adjudication, and assessment of penalties).
- Recreational users, including minors (if safety training language is included in the enacted version).
Procedural / implementation notes
- The materials include multiple drafts, a first engrossment, and an enrollment form. Because fee figures and some section inclusions differ by draft, consult the officially enrolled statute or the Legislature’s status page to confirm final language, fee amounts, effective date, and whether the bill was enacted or died in committee.
If you want, I can:
- Pull the final enacted language from the North Dakota Legislature site (if available) and produce a cleaned summary with exact penalty amounts and effective dates.
Compiled from official sources — confirm details with the bill’s official record.
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