Vehicle to stop or yield the right of way for authorized emergency vehicle or vehicle used for maintaining the state highway system - Penalty
N.D. Cent. Code § 39-10-26
in effect39-10-26. Vehicle to stop or yield the right of way for authorized emergency vehicle or
vehicle used for maintaining the state highway system - Penalty.
1. Upon the immediate approach of an authorized emergency vehicle displaying a visible
flashing, revolving, or rotating blue, white, or red light, the driver of every other vehicle
shall yield the right of way and shall immediately drive to a position parallel to, and as
close as possible to, the right-hand edge or curb of the roadway clear of any
intersection and shall stop and remain in that position until the authorized emergency
vehicle has passed, except when otherwise directed by a police officer.
2. If an authorized emergency vehicle is parked or stopped at the scene of an emergency
and is displaying a flashing, revolving, or rotating blue, white, or red light, approaching
traffic shall move to the right-hand edge or curb of the roadway and shall stop, but
once having stopped, traffic may proceed past the scene at its own risk when the
roadway is clear, except when otherwise directed by a police officer. If an authorized
emergency vehicle is otherwise parked or stopped on the interstate system, or on a
multilane highway outside the limits of a city, and the authorized emergency vehicle is
displaying a flashing, revolving, or rotating amber, blue, white, or red light, the driver of
an approaching vehicle shall proceed with caution and yield the right of way by moving
to a lane that is not adjacent to the authorized emergency vehicle if the move may be
made with due regard to safety and traffic conditions or if not, the driver shall proceed
with due caution, reduce the speed of the vehicle, and maintain a safe speed for the
road conditions.
3. If a vehicle operated by or under the control of the director used for maintaining the
state highway system is parked or stopped on the interstate system or on a multilane
highway outside the limits of a city, and the vehicle is displaying a flashing, revolving,
or rotating amber or white light, the driver of an approaching vehicle shall proceed with
caution and yield the right of way by moving to a lane that is not adjacent to the vehicle
if the move may be made with due regard to safety and traffic conditions or if not, the
driver shall proceed with due caution, reduce the speed of the vehicle, and maintain a
safe speed for the road conditions.
4. This section does not operate to relieve the driver of an authorized emergency vehicle
or a vehicle operated by or under the control of the director used for maintaining the
state highway system from the duty to drive with due regard for the safety of all
persons using the highway.
5. a. Any individual who violates subsection 2 and causes an accident with an
authorized emergency vehicle while the authorized emergency vehicle is
displaying a visible flashing, revolving, or rotating amber, blue, white, or red light
is guilty of an infraction.
b. An individual who violates subsection 3 and causes an accident with a vehicle
operated by or under the control of the director used for maintaining the state
highway system while the vehicle is displaying a visible flashing, revolving, or
rotating amber or white light is guilty of an infraction.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t39c10.pdf#nameddest=39-10-26Fetched: 10/16/2026