§ 39-09-02 — Speed limitations

1. Subject to the provisions of section 39-09-01 and except in those instances when a
lower speed is specified in this chapter, it presumably is lawful for the driver of a
vehicle to drive the same at a speed not exceeding:
a. Twenty miles [32.19 kilometers] an hour when approaching within fifty feet [15.24
meters] of a grade crossing of any steam, electric, or street railway when the
driver's view is obstructed. A driver's view is deemed to be obstructed when at
any time during the last two hundred feet [60.96 meters] of the driver's approach
to such crossing, the driver does not have a clear and uninterrupted view of such
railway crossing and of any traffic on such railway for a distance of four hundred
feet [121.92 meters] in each direction from such crossing.

b. Twenty miles [32.19 kilometers] an hour when passing a school during school
recess or while children are going to or leaving school during opening or closing
hours, unless a lower speed is designated or posted by local authorities.
c. Twenty miles [32.19 kilometers] an hour when approaching within fifty feet [15.24
meters] and in traversing an intersection of highways when the driver's view is
obstructed. A driver's view is deemed to be obstructed when at any time during
the last fifty feet [15.24 meters] of the driver's approach to such intersection, the
driver does not have a clear and uninterrupted view of such intersection and of
the traffic upon all of the highways entering such intersection for a distance of
two hundred feet [60.96 meters] from such intersection.
d. Twenty miles [32.19 kilometers] an hour when the driver's view of the highway
ahead is obstructed within a distance of one hundred feet [30.48 meters].
e. Twenty-five miles [40.23 kilometers] an hour on any highway in a business district
or in a residence district or in a public park, unless a different speed is designated
and posted by local authorities.
f. Fifty-five miles [88.51 kilometers] an hour on gravel, dirt, or loose surface
highways, and on paved two-lane county and township highways if there is no
speed limit posted, unless otherwise permitted, restricted, or required by
conditions.
g. Sixty-five miles [104.61 kilometers] an hour on paved two-lane highways if posted
for that speed, unless otherwise permitted, restricted, or required by conditions.
h. Seventy miles [112.65 kilometers] an hour on paved and divided multilane
highways, unless otherwise permitted, restricted, or required by conditions.
i. Eighty miles [128.75 kilometers] an hour on access-controlled, paved and
divided, multilane interstate highways, unless otherwise permitted, restricted, or
required by conditions.
2. The director may designate and post special areas of state highways where lower
speed limits apply. Differing limits may be established for different times of the day
within highway construction zones which are effective when posted upon appropriate
fixed or variable speed limit signs.
3. The director may designate variable speed limit adjustment zones along the state
highway system. The department may install variable speed limit signs in a variable
speed limit adjustment zone. In each variable speed limit adjustment zone the director,
in coordination with the superintendent of the highway patrol, may use real time
intelligent transportation systems to adjust the speed limit when a speed limit
adjustment would provide for the safe and efficient movement of motor vehicles.
4. Except as provided by law, a person may not drive a vehicle on a highway at a speed
that is unsafe or at a speed exceeding the speed limit prescribed by law or established
pursuant to law.
5. In charging a violation of the provisions of this section, the complaint must specify the
speed at which the defendant is alleged to have driven and the speed which this
section prescribes is prima facie lawful at the time and place of the alleged offense.