North Dakota Code 39-03-09 – Powers of highway patrol
The superintendent and each member of the highway patrol shall have the power:
Terms Used In North Dakota Code 39-03-09
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.