North Dakota § 39-10-46.1 Permitting use of vehicle to violate section 39-10-46 prohibited - Presumption of permission - Defense - Dual prosecution prohibited

North Dakota Statutes

§ 39-10-46.1 — Permitting use of vehicle to violate section 39-10-46 prohibited - Presumption of permission - Defense - Dual prosecution prohibited

North Dakota § 39-10-46.1

Title 39Motor Vehicles

Ch. 39-10General Rules of the Road

This text of North Dakota § 39-10-46.1 (Permitting use of vehicle to violate section 39-10-46 prohibited - Presumption of permission - Defense - Dual prosecution prohibited) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 39-10-46.1 (2026).

Text

Presumption of permission - Defense - Dual prosecution prohibited.
The registered owner of a motor vehicle may not permit that motor vehicle to be operated in
violation of section 39-10-46. If a motor vehicle is seen violating section 39-10-46, it is a
disputable presumption that the registered owner of the motor vehicle permitted that violation. It
is a defense to a charge of violating this section that the registered owner of the vehicle was not
operating the vehicle, if that registered owner identifies the person authorized by that owner to
operate the motor vehicle at the time of the violation of section 39-10-46, or if that motor vehicle
had been taken without the registered owner's permission. A person may not be charged both
with violating this section and with violating section 39-

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Presumption of permission - Defense - Dual prosecution prohibited.
The registered owner of a motor vehicle may not permit that motor vehicle to be operated in
violation of section 39-10-46. If a motor vehicle is seen violating section 39-10-46, it is a
disputable presumption that the registered owner of the motor vehicle permitted that violation. It
is a defense to a charge of violating this section that the registered owner of the vehicle was not
operating the vehicle, if that registered owner identifies the person authorized by that owner to
operate the motor vehicle at the time of the violation of section 39-10-46, or if that motor vehicle
had been taken without the registered owner's permission. A person may not be charged both
with violating this section and with violating section 39-10-46. Violation of this section is not a
lesser included offense of violation of section 39-10-46.