39-29-09. Operation of off-highway vehicles
1. An individual may not operate an off-highway vehicle on the roadway, shoulder, or
inside bank or slope of any road, street, or highway except as provided in this chapter.
Except in emergencies, an individual may not operate an off-highway vehicle within the
right of way of any controlled-access highway. An individual may operate a registered
off-highway vehicle on a gravel, dirt, or loose surface roadway. An individual may
operate a registered off-highway vehicle on a paved highway designated and posted at
a speed not exceeding fifty-five miles [88.51 kilometers] per hour. A licensed driver
over sixteen years of age may operate a registered class III off-highway vehicle on a
paved highway designated and posted at a speed not exceeding sixty-five miles
[104.61 kilometers] per hour. An individual may not operate an off-highway vehicle on
a paved highway if the vehicle is unable to attain a speed, on a paved level surface, of
at least thirty miles [48.28 kilometers] per hour.
2. The operator of an off-highway vehicle may make a direct crossing of a street or
highway only if:
a. The crossing is made at an angle of approximately ninety degrees to the direction
of the highway and at a place where no obstruction prevents a quick and safe
crossing;
b. The off-highway vehicle is brought to a complete stop before crossing the
shoulder or main traveled way of the highway;
c. The operator yields the right of way to all oncoming traffic which constitutes an
immediate hazard; and
d. In crossing a divided highway, the crossing is made only at an intersection of the
highway with another public street or highway.
3. Unless an individual is operating a class I off-highway vehicle, an individual may not
operate an off-highway vehicle unless it is equipped with at least one headlamp, one
taillamp, and brakes, all in working order, which conform to standards prescribed by
rule of the director, except when under the direct supervision of an off-highway vehicle
instructor teaching a certified off-highway vehicle safety training course, the
requirement for a headlamp and taillamp may be waived.
4. The emergency conditions under which an off-highway vehicle may be operated other
than as provided by this chapter are only those that render the use of an automobile
impractical under the conditions and at the time and location in question.
5. An individual may not operate an off-highway vehicle in the following ways, which are
declared to be unsafe and a public nuisance:
a. At a rate of speed greater than reasonable or proper under all the surrounding
circumstances.
b. 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.
c. While under the influence of intoxicating liquor or a controlled substance.
d. Without a lighted headlamp and taillamp except when used by an off-highway
vehicle instructor during a certified off-highway vehicle safety training course.
e. In any tree nursery or planting in a manner that damages growing stock.
f. Without a manufacturer-installed or equivalent muffler in good working order and
connected to the off-highway vehicle's exhaust system.
g. 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.
6. Except as provided in section 39-29-10, an individual may not operate an off-highway
vehicle without having in possession a valid driver's license or permit.
7. When an off-highway vehicle is operated within the right of way of any road, street, or
highway, during times or conditions that warrant the use of lights by other motor
vehicles, the off-highway vehicle must be operated in the same direction as the
direction of other motor vehicles traveling on the side of the roadway immediately
adjacent to the side of the right of way traveled by the off-highway vehicle.
8. An individual may not operate an off-highway vehicle within the right of way of any
highway while towing a sled, skid, or other vehicle, unless the object towed is
connected to the off-highway vehicle by a hinged swivel and secure hitch.
9. An individual under the age of eighteen years may not operate, ride, or otherwise be
propelled on an off-highway vehicle unless the person wears a safety helmet meeting
United States department of transportation standards.
10. An operator of an off-highway vehicle may not carry a passenger while operating the
vehicle unless the off-highway vehicle is equipped and recommended by the
manufacturer to carry a passenger and the passenger is carried as recommended by
the manufacturer.
11. Unless otherwise provided by law, an off-highway vehicle may be operated on an
aggregate road surface only when designated as part of an active off-highway vehicle
trail by the managing entity.
12. A person who is performing pest control or survey work for a political subdivision may
operate an all-terrain vehicle on the bottom, backslope, inside slope, and shoulder of a
highway other than a controlled-access highway.
