§ 39-03-09 — Powers of highway patrol

North Dakota § 39-03-09

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-03: Highway Patrol

Text

The superintendent and each member of the highway patrol shall have the power:
1. Of a peace officer for the purpose of enforcing the provisions of this title relating to
operators' licenses, the provisions of title 24 relating to highways, and of any other law
regulating the operation of vehicles or the use of the highways, and in addition the
highway patrol shall enforce all laws relating to the use or presence of alcoholic
beverages in motor vehicles.
2. To make arrests upon view and without warrant for any violation committed in the
person's presence of any of the provisions of this title relating to operators' licenses, or
of title 24 relating to highways or to other laws regulating the operation of vehicles or
the use of the highways.
3. To direct traffic in conformance with law, or, in case of fire or emergency and to
expedite traffic, or, to ensure safety by directing traffic as conditions may require
notwithstanding the provisions of law.
4. To facilitate compliance with the provisions of this title, to require the driver of a vehicle
to stop and exhibit the driver's operator's license and the registration cards issued for
the vehicle, if any are required, and to submit to an inspection and test of the
equipment of such vehicle.
5. For the purpose of locating stolen vehicles and to investigate the title and registration
thereof, to inspect any vehicle of a type required to be registered under the provisions
of this title, in any public garage or repair shop, or in any place where such vehicles
are held for sale or wrecking.
6. To serve all warrants relating to the enforcement of the laws regulating the operation of
vehicles or the use of the highways.
7. To investigate traffic accidents and secure testimony of witnesses or of persons
involved.
8. To investigate reported thefts of motor vehicles, trailers, or semitrailers.
9. To take applications for operators' licenses without making a charge therefor.

10. To enforce all laws, rules, or regulations of the state of North Dakota pertaining to the
closing hours of all businesses or establishments selling alcoholic beverages outside
the limits of incorporated cities of this state.
11. Of a peace officer over all violations of law committed on state owned or leased
property.
12. Of a peace officer over all violations of law committed in their presence or when in
pursuit of any actual or suspected law violator.
13. To require a motor carrier owner, or a motor carrier's agent, affected by rules adopted
under chapter 39-21 to produce logs or other documents to determine compliance with
rules adopted under chapter 39-21.
14. Of a peace officer when providing security and protection for the governor, the
governor's immediate family, and other officers next in order of succession to the office
of governor as deemed adequate and appropriate by the superintendent.
15. Of a peace officer when providing security and protection for members of the
legislative assembly as deemed adequate and appropriate by the superintendent.
16. Of a peace officer when responding to a call for emergency assistance requiring an
immediate response. Following a call for emergency assistance which occurs outside
state-owned or state-leased property, a highway, or the highway right of way,
notification must be provided to the local law enforcement agency having primary
jurisdiction.
17. To promote public trust and an understanding of law enforcement through education,
community outreach, and job shadowing programs.
18. Of a peace officer over any violation of law committed on public or private property
when requested by another law enforcement agency.
19. Of a peace officer when providing security and protection for visiting dignitaries at the
request of another law enforcement agency or the governor. The highway patrol may
request the assistance of other law enforcement agencies with security and protection,
and the other law enforcement agencies may provide the assistance as requested
under this section.