Section 58-02-08-28 - Rules of operation of an off-highway vehicleAn individual may not operate an off-highway vehicle in the following ways, which are declared to be unsafe and a public nuisance:
1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Any person who violates this subsection is guilty of a class 3 noncriminal offense. 2. In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to another person or the property of another person. Any person who violates this subsection is guilty of a class B misdemeanor. 3. While under the influence of intoxicating liquor or a controlled substance. Any person who violates this subsection is guilty of a class B misdemeanor. 4. Without a lighted headlamp and tail lamp except when used by an off-highway vehicle instructor during a certified off-highway vehicle safety training course. Any person who violates this subsection is guilty of a class 3 noncriminal offense. 5. In any tree nursery or planting in a manner that damages growing stock. Any person who violates this subsection is guilty of a class 3 noncriminal offense. 6. Without a manufacturer-installed or equivalent muffler in good working order and connected to the off-highway vehicle's exhaust system. Any person who violates this subsection is guilty of a class 3 noncriminal offense. 7. On any private land where the private land is posted prohibiting trespassing. The name and address of the person posting the land and the date of posting must appear on each sign in legible characters. The posted signs must be readable from outside the land and be placed conspicuously at a distance of not more than eight hundred eighty yards [804.68 meters] apart. Land entirely enclosed by a fence or other enclosure is sufficiently posted by posting of these signs at or on all gates through the fence or enclosure. Any person who violates this subsection is guilty of a class B misdemeanor. N.D. Admin Code 58-02-08-28
General Authority: NDCC 28-32-01, 39-29-08(3), 55-08-01.3
Law Implemented: NDCC 39-29-08(3), 55-08-01.3