39-24-09. Rules for operation of snowmobiles
1. No person may operate a snowmobile upon the roadway, shoulder, or inside bank or
slope of any road, street, or highway in this state except as provided pursuant to this
chapter. No snowmobile may be operated at any time within the right of way of any
interstate highway within this state except as provided in this section.
2. A snowmobile may make a direct crossing of a noninterstate street or highway
provided:
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 snowmobile is brought to a complete stop before crossing the shoulder or
main traveled way of the highway;
c. The driver 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
such highway with another public street or highway.
3. No snowmobile may be operated 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 pursuant to the authority vested in the director by this code and this
chapter.
4. The emergency conditions under which a snowmobile may be operated other than as
provided by this chapter must be such as to render the use of an automobile
impractical under such conditions at such period of time and location.
5. It is unlawful for any person to drive or operate any snowmobile 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 such person or property.
c. While under the influence of intoxicating liquor or a drug as defined in section
39-24.1-01, or a combination thereof.
d. Without a lighted headlamp and taillamp when required for safety.
e. In any tree nursery or planting in a manner which damages or destroys growing
stock.
f. Without a manufacturer-installed or equivalent muffler in good working order and
connected to the snowmobile exhaust system.
g. Upon any private land where the private land is posted by the owner or tenant
prohibiting trespassing. The name of the person posting the land must appear on
each sign in legible characters. The posted signs must be readable from the
outside of the land and must be placed conspicuously at a distance of not more
than eight hundred eighty yards [804.68 meters] apart, provided further that as to
land entirely enclosed by a fence or other enclosure, posting of signs at or on all
gates through the fence or enclosure constitutes a posting of all the enclosed
lands.
6. It is unlawful for any person to operate a snowmobile pursuant to chapter 39-24
without having in possession a valid driver's license, except as provided by section
39-24-09.1.
7. If a snowmobile is operated within the right of way of any road, street, or highway of
this state under this chapter, during times or conditions that warrant the use of lights,
the snowmobile operator shall travel in the same direction as the direction of motor
vehicles traveling on the side of the roadway immediately adjacent to the side of the
right of way traveled by the snowmobile. An operator of a snowmobile traveling on a
snowmobile trail maintained by the parks and recreation department which is within
the right of way of any road, street, or highway of this state is exempted from this rule.
The operator shall wait for all traffic to clear the roadway before crossing bridges and
other similar structures.
8. It is unlawful for any person to operate a snowmobile within a highway right of way as
defined in subsection 38 of section 24-01-01.1 between April first and November first
of any year.
9. No snowmobile may be operated at any time within the right of way of any highway
within this state while towing a sled, skid, or other vehicle, unless the sled, skid, or
other vehicle is connected to the snowmobile by a hinged swivel and secure hitch.
10. No person under the age of eighteen years may operate, ride, or otherwise be
propelled on a snowmobile unless the person wears a safety helmet meeting United
States department of transportation standards.
11. A person may not operate a snowmobile, and an owner of a snowmobile may not
knowingly permit the snowmobile to be operated, upon any property maintained,
leased, or owned by the state parks and recreation department to which the public has
a right of access for snowmobile or other vehicular use, without a policy of liability
insurance which insures the person named, and any person using the snowmobile
with the express or implied permission of the person named, against loss from the
liability imposed by law for damages arising out of the ownership, maintenance, or use
of the snowmobile within this state, subject to the following limits, exclusive of interest
and costs, with respect to each snowmobile: twenty-five thousand dollars because of
bodily injury to or death of one person in any one accident and, subject to the limit for
one person, fifty thousand dollars because of bodily injury to or death of two or more
persons in any one accident, and twenty-five thousand dollars because of injury to or
destruction of property of others in any one accident. Upon request of a law
enforcement officer, a person operating a snowmobile shall provide proof of liability
insurance to that officer within twenty days.
12. A snowmobile may not be operated within the right of way of any interstate highway
within this state except:
a. For emergency purposes; or
b. Across an interstate highway on an overpass or underpass, except where
otherwise prohibited by law or by signing, provided the snowmobile crosses on
the extreme right side of the overpass or underpass.
