§ 39-01-11 — Nonresident motor vehicle user - Service upon

The use and operation by a resident of this state or that person's agent, or by a nonresident
or that person's agent, of a motor vehicle upon or over the highways of this state must be
deemed an appointment by such resident when that person has been absent from this state
continuously for six months or more following an accident or by such nonresident at any time, of
the director of the department of transportation of this state to be the person's true and lawful
attorney upon whom may be served all legal process in any action or proceeding against the
person growing out of the use or operation of the motor vehicle resulting in damages or loss to
person or property, whether the damage or loss occurs upon a public highway or upon public or
private property, and such use or operation constitutes an agreement that any such process in
any action against the person which is so served has the same legal force and effect as if
served upon the person personally, or, in case of the person's death, that such process has the
same legal force and effect as if served upon the administrator of the person's estate. Service of
the summons in such case may be made by delivering a copy thereof to the director with a fee
of ten dollars.