39-08-20. Driving without liability insurance prohibited - Penalty.
664 words·~3 min read·
/nd/title-39/chapter-39-08-regulations-governing-operators/39-08-20·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A person may not drive, or the owner may not cause or knowingly permit to be driven,
a motor vehicle in this state without a valid policy of liability insurance in effect in order
to respond in damages for liability arising out of the ownership, maintenance, or use of
that motor vehicle in the amount required by chapter 39-16.1.
2. Upon being stopped by a law enforcement officer for the purpose of enforcing or
investigating the possible violation of an ordinance or state law, the person driving the
motor vehicle shall provide to the officer upon request satisfactory evidence, including
written or electronic proof of insurance, of the policy required under this section. If
unable to comply with the request, that person may be charged with a violation of this
section. If that person produces satisfactory evidence, including written or electronic
proof of insurance, of a valid policy of liability insurance in effect at the time of the
alleged violation of this section to the office of the prosecutor where the matter is
pending, that person may not be found in violation of subsection 1.
3. Notwithstanding section 26.1-30-18, a person may be in violation of subsection 1 for
failure to have a valid policy of liability insurance in effect under this section if the time
of acquisition of the policy was after the time of the alleged incidence of driving without
liability insurance. If the time of acquisition of the policy comes into question, the driver
or owner has the burden of establishing the time of acquisition. If the driver is not an
owner of the motor vehicle, the driver does not violate this section if the driver provides
the court with evidence identifying the owner of the motor vehicle and describing
circumstances under which the owner caused or permitted the driver to drive the motor
vehicle.
4. For a second or subsequent violation of subsection 1 or equivalent ordinance, the
court shall order the motor vehicle number plates of the motor vehicle owned and
operated by the person at the time of the violation to be impounded until that person
provides proof of insurance and a twenty dollar fee to the court. The person shall
deliver the number plates to the court without delay at a time certain as ordered by the
court. The court shall deliver the number plates to the office of the police officer that
made the arrest and notify the department of the order. A person who does not provide
the number plates to the court at the appropriate time is guilty of a class B
misdemeanor.
5. For a violation of subsection 1 or equivalent ordinance, the person shall provide proof
of motor vehicle liability insurance to the department in the form of a written or
electronically transmitted certificate from an insurance carrier authorized to do
business in this state. This proof must be provided for a period of one year and kept on
file with the department. If the person fails to provide this information, the department
shall suspend that person's driving privileges and may not issue or renew that person's
operator's license unless that person provides proof of insurance.
6. A person who has violated subsection 1 or equivalent ordinance shall surrender that
person's operator's license and purchase a duplicate operator's license with a notation
requiring that person to keep proof of liability insurance on file with the department.
The fee for this license is fifty dollars and the fee to remove this notation is fifty dollars.
7. When an insurance carrier has certified a motor vehicle liability policy, the insurance
carrier shall notify the director no later than ten days after cancellation or termination of
the certified insurance policy by filing a notice of cancellation or termination of the
certified insurance policy; except that a policy subsequently procured and certified
shall, on the effective date of its certification, terminate the insurance previously
certified with respect to any motor vehicle designated in both certificates.