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Guide to the ATV and UTV Laws in North Dakota – ATV MAN

Written by Brent Huntley in ATVs


Continuing in our series of articles analyzing the ATV laws in every state, which stemmed from this article, we are addressing the ATV laws in North Dakota in this article.  It should also be noted that, while I am an attorney, I am not your attorney and am not giving legal advice.  If you have questions, you should consult a local attorney.

How does North Dakota define ATV and UTV?

North Dakota groups ATVs and UTVs into the bigger category of Off-Highway Vehicles or OHV.  “Off-highway vehicle” is defined by North Dakota as “any motorized vehicle not designed for use on a highway and capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain. An off-highway vehicle must be classified into one of the following categories:

  • A Class I off-highway vehicle is a vehicle that does not qualify as road capable, has a seat or a saddle designed to be straddled
    by the operator, and has handlebars for steering control of two wheels.   In other words, a Class I OHV refers to an ATV.
  • A Class II off-highway vehicle is fifty inches [1270.00 millimeters] or less in width, weighs one thousand two hundred pounds [544.31 kilograms] or less, and travels on three or more nonhighway tires; or is sixty-five inches [1651 millimeters] or
    less in width, weighs two thousand pounds [907.19 kilograms] or less, and travels on four or more nonhighway tires.  In other words, a Class II OHV is a UTV.
  • A Class III off-highway vehicle weighs less than eight thousand pounds [3628.74 kilograms]; travels on skis, runners, tracks, or four or more tires; has a seat; has a wheel, handlebars, or t steering for steering control; and is designated for or capable of cross-country on or over land, water, sand, snow, ice, marsh, swampland, or other natural terrain.

If you are curious about what size ATVs and UTVs fit into these classes, we recommend you consult the following guides for greater clarification.

  • Guide to ATV weight;
  • Guide to ATV dimensions;
  • Guide to UTV weight; and
  • Guide to UTV dimensions.

Are you required to register your ATV or UTV in North Dakota?

In North Dakota, you must register any ATV or UTV (referred to as “OHVs”) that is going to be operated on public land.  You can register your ATV or UTV with the North Dakota Department of Transportation at any of their statewide offices. To register your ATV or UTV, you will need the following:

  • A completed application;
  • Owner’s name and address;
  • The make, model and serial number of the ATV or UTV; and
  • The $20 application fee.

If you have registered your ATV or UTV in another state, you must purchase a non-resident public trails and lands access permit for $10 before riding on public land in North Dakota.  This permit is also required for any ATV or UTV that is exempt for registration.

Registration and payment of fees is not required in the following situations:

  • Government-owned ATVs or UTVs.
  • ATVs or UTVs registered in a foreign country and temporarily used in North Dakota.
  • ATVs or UTVs validly licensed in another state and which have not been in North Dakota for more than thirty consecutive days.
  • ATVs or UTVs used exclusively on private lands.
  • ATVs or UTVs used exclusively in organized track racing events.

Upon registration, you will receive a decal and/or license plate which is required to be affixed to the ATV or UTV in a position where the decal or plate is clearly legible for identification.

Are you permitted to ride ATVs or UTVS on public streets in North Dakota?

The general rule is that you are not permitted to operate an ATV or UTV on the roadway, shoulder, or inside bank or slope of any road, street, or highway in North Dakota unless it is in an emergency.

On the other hand, you are generally permitted to operate an ATV or UTV on gravel, dirt, or loose surface roadways.

Also, if you have registered your ATV or UTV, you are permitted to operate it on a paved highway or street that has a posted speed limit of 65 mph or less. The ATV or UTV must be able to attain a speed of 35 mph on a level driving surface. You also must, of course, possess a valid driver’s license.

You may also cross a street or highway under the following conditions:

  • The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
  • The ATV or UTV is brought to a complete stop before crossing the highway;
  • You yield the right of way to all oncoming traffic which constitutes an immediate hazard; and
  • If you are crossing a divided highway, the crossing is made only at an intersection of the highway with another public street or highway.

Required ATV and UTV Equipment in North Dakota

The following equipment is required for ATVs and UTVs in North Dakota:

  • a working headlamp;
  • a working tail lamp;
  • the manufacturer-installed or equivalent muffler in good working order and connected to the vehicle’s exhaust system;
  • working brakes;
  • If you are carrying a passenger, your ATV or UTV must be equipped with a passenger seat installed or recommended by the manufacturer.

While operating on any roadway, paved or unpaved, you must also have the following equipment:

  • an engine that has at least 350 cc;
  • a mirror;
  • a horn;
  • a speedometer;
  • an odometer;
  • a brake light; and
  • a lighted headlamp.

Youth Regulations

The following youth regulations exist in North Dakota:

  • A rider under 18 may not operate an ATV or UTV without wearing a helmet. For those in need, we think our recommended helmet is the best combination of quality and value out there.
  • A rider under 16 who is not in possession of a valid operator’s license or permit may not operate an ATV or UTV except upon the lands of the individual’s parent or guardian or as a participant in an organized sporting event.
  • A rider under 16 may operate an ATV or UTV only if they have completed an off-highway vehicle safety training course and received the appropriate off-highway vehicle safety certificate.
  • Youth under the age of 12 are not permitted to operate an ATV or UTV in North Dakota.

Other Regulations:

  • It is unlawful to operate an ATV or UTV at a rate of speed greater than reasonable or proper under all the surrounding circumstances.
  • It is unlawful to operate an ATV or UTV in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage to another person or the property of another person.
  • It is unlawful to operate an ATV or UTV while under the influence of intoxicating liquor or a controlled substance.
  • It is unlawful to operate an ATV or UTV without a lighted headlamp and tail lamp except when used by an off-highway vehicle instructor during a certified off-highway vehicle safety training course.
  • It is unlawful to operate an ATV or UTV in any tree nursery or planting in a manner that damages growing stock.
  • It is unlawful to operate an ATV or UTV on any private land where it is posted prohibiting trespassing. The name and address of the person posting the land and the date of posting must appear on each sign in legible characters. The posted signs must be readable from outside the land and be placed conspicuously at a distance of not more than eight hundred eighty yards apart. Land entirely enclosed by a fence or other enclosure is sufficiently posted by posting of these signs at or on all gates through the fence or enclosure.
  • It is unlawful to operate an ATV or UTV without a driver’s license except as permitted in the youth regulations discussed above.

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How to Make a UTV Street Legal in North Dakota — Dirt Legal

In North Dakota, UTVs registered with the state as Off-Highway Vehicles can be driven on paved roads with speed limits of 55 MPH or less, all gravel, dirt, and loose surface roads, and road sections that are part of official OHV trails. However, UTVs cannot be registered as regular street legal vehicles in North Dakota for reasons discussed below.

It is possible to make a UTV street legal in North Dakota by registering in another state. The resulting title, registration, and license plate will allow you to drive your side-by-side on roads, highways, and city streets in North Dakota and beyond.

This page covers street legal UTVs in North Dakota from top to bottom including relevant laws, details about OHV areas, and times when a UTV not registered as street legal can be driven on local roads. Review the following resources to learn more.

Rather skip the hassle? Register out of state now with the help of our expert team.

We have made our best effort to include all relevant details, but something we did not cover might apply to your situation. We are enthusiasts, not attorneys. This is not legal advice.

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Why North Dakota Can’t Register UTVs as Street Legal

To get a UTV registered as a regular street legal vehicle through North Dakota it would need to fit North Dakota’s definition of a street legal vehicle and pass a North Dakota motor vehicle inspection, however the state’s laws do not allow for this.

North Dakota Statutes Chapter 39-29 defines the term Off-Highway Vehicle as “any motorized vehicle not designed for use on a highway and capable of cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain. ” While some OHVs can use public roads throughout the state as detailed below, it is not possible to register an OHV as a regular street legal vehicle through North Dakota.

Looking to other vehicle categories, North Dakota law states that motorcycles must have three or fewer wheels, kit cars (Specially Constructed Vehicles) must not have been originally constructed by a “generally recognized manufacturer,” and many other vehicle types, like autocycles, simply do not exist. Additional resources used to reach these conclusions are linked in the Laws, Codes, and Other Resources section below.

How to get street legal

In states like Montana and South Dakota, the vehicle code allows UTVs to be registered as regular street legal vehicles. You can register your UTV in those states without ever leaving your home. Once registration is complete and the required equipment is installed, your UTV will be street legal in the state of North Dakota with an out-of-state registration (see How to Make Your UTV Street Legal).

We imagine you would rather explore the vast beauty of North Dakota than deal with state-issued paperwork. If that’s true, consider letting our expert staff register your UTV on your behalf while you focus on keeping the wind in your hair.

Parts Required to Be Street Legal in North Dakota

When it comes to making a UTV street legal in North Dakota by registering out of state, getting legal does not involve any parts specific to North Dakota. Parts required for road use of other UTVs are listed in a later section below.

Thanks to reciprocity agreements between states, a vehicle only needs to have the parts required by the state where it is registered. That means a UTV with an out-of-state registration can be driven on North Dakota roads without needing any equipment required by North Dakota and without needing to pass a North Dakota inspection.

There are also some parts we suggest leaving off which are rarely allowed on street legal vehicles in any state.

GET STREET LEGAL PARTS ON GRITSHIFT

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Driving a Street Legal UTV on Public Roads in North Dakota

Because street legal UTVs are a small niche, local law enforcement may not know that a UTV can be made street legal in North Dakota. While we are not attorneys, we suggest carrying physical copies of your UTV’s registration and insurance proofs and being knowledgeable about the ways your vehicle is legal for road use (see Knowing Your Legality).

Vehicles licensed in other states can be driven legally in North Dakota thanks to registration reciprocity agreements between states. North Dakota’s registration reciprocity statute is linked in the resources below. You should not need to worry about title transfer windows if you maintain residency in another state or your UTV is registered to an LLC in another state. In some cases, it might not be possible to transfer your registration to North Dakota from another state because of vehicle type mismatches between states.

Keep in mind that street legal UTVs in North Dakota need to observe all laws and rules of the road just as a car would.

Helmet laws in North Dakota

North Dakota’s motorcycle helmet law requires riders younger than 18 to wear helmets. If the driver is required to wear a helmet, their passenger must wear one as well regardless of the passenger’s age. However, this law does not apply to “persons riding within an enclosed cab.” For safety reasons, we suggest wearing a helmet whenever you operate a UTV on public roads, especially if your UTV lacks a windshield and rollover protection constituting an enclosed cab as this is what local law enforcement will most likely be expecting.

Keep in mind that helmet laws need to be followed on a state-by-state basis. Before you travel, learn the helmet situation in any state you plan to drive in. See other states

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Driving a Street Legal UTV in North Dakota’s OHV Areas

Whenever you operate in OHV areas, public lands, and other off-road situations, your UTV will usually be considered an off-highway vehicle even if it is street legal. This can change based on location, so be sure to call ahead to confirm.

Refer to the following resources:

  • North Dakota: General OHV Information and Trails (Equipment requirements, trails, and summary of road restrictions)

  • North Dakota OHV Permits and Registration

  • North Dakota OHV Manual (PDF)

Registration

Whether your UTV is street legal or not, if you plan to operate off-road in North Dakota you must obtain an OHV registration through North Dakota and display the corresponding decal on your UTV.

If your UTV is street legal with an out-of-state registration or if you are not a resident of North Dakota, a valid OHV registration from another state will be honored until the vehicle has been in North Dakota for more than 30 consecutive days. At that time, or if you do not have a registration from another state, you will need to acquire a special out-of-state OHV registration issued by North Dakota.

Equipment

For off-road use, North Dakota only requires OHVs to have at least one headlight, at least one taillight, and a good working muffler that is “a manufacturer-installed or equivalent muffler.” Additionally, all occupants ages 18 and younger must wear helmets. Most OHV areas in the United States require a Forest Service-qualified spark arrester and a maximum exhaust volume of about 80-90 decibels. Individual OHV areas in North Dakota may have their own requirements regarding equipment, helmet use, engine size restrictions by rider age, or other factors, so be sure to check ahead when you plan to travel.

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You won't need to do this with a street legal UTV!

When a Normal UTV Can Be Driven on North Dakotan Roads

Hey! This section is about UTVs that have not been made street legal through the means described above.

UTVs that are not registered as street legal can still use many public roads throughout North Dakota.

In North Dakota, UTVs and other off-highway vehicles registered with the state as Off-Highway Vehicles can be driven on:

  • Paved roads with speed limits of 55 MPH or less

  • Gravel, dirt, and loose surface roads

  • Road sections that are part of an official OHV trail

  • “The bottom of the ditch or along the outslope” of a road

OHVs are not allowed on shoulders, inner medians, or interstates. Controlled access highways may only be used by OHVs during emergency conditions when automobile use is impractical.

Qualifying criteria

To qualify for public road use:

  • Vehicle must be registered as an Off-Highway Vehicle with the state of North Dakota

  • To use paved roads, vehicle must be able to travel 30 MPH or faster

  • Lights must always remain on

  • Driver must have a valid license or permit

  • Occupants younger than 18 must wear helmets

The registration process is described in the previous section on OHV areas.

Required equipment

UTVs and other off-highway vehicles must have the following equipment to drive on public roads in North Dakota:

  • Engine size of 350cc or more

  • At least one headlamp

  • At least one taillamp

  • At least one brake light

  • At least one mirror

  • Speedometer

  • Odometer

  • Muffler

  • Brakes

  • Horn

Crossing roads

North Dakota law states that OHVs may cross roads at approximately a 90 degree angle to the road after coming to a complete stop and yielding to traffic. Divided highways may only be crossed at the intersection of another public road.

Local jurisdictions

Towns, cities, and other local jurisdictions in North Dakota can set their own rules regarding OHVs by loosening or tightening the statewide restrictions given above. This could include preventing OHVs from crossing certain roads, allowing certain types of OHVs while restricting others, or changing other aspects of the rules. Additionally, OHV areas may have unique rules for roads within their control. Check the local resources of the areas you plan to operate in.

Defining your vehicle

North Dakota law defines three different classes of Off-Highway Vehicles:

  • Class I OHV: Most ATVs. Straddle seating and handlebars for steering

  • Class II OHV: Most UTVs. 3+ nonhighway tires, width of 50” or less, weight of 1,200 lbs. or less

  • Class III OHV: Specialty vehicles. Non-straddle seating, weight of 8,000 lbs. or less, moves on skis, tracks, runners, or 4+ tires, and is steered by wheel, handlebar, or T setup

Class I OHVs are only required to have lights if riding at night.

Class III OHVs can be operated on roads with speed limits up to 65 MPH.

Special exceptions

OHVs used for certain industrial purposes may qualify for expanded road use exceptions. Contact your licensing authority or local law enforcement to learn more.

• • •

Laws, Codes, and Other Resources

Hey! This page is part of our Nationwide Street Legal UTV Guide which covers all 50 states plus Washington, D.C. and five US territories. It also covers in-depth topics like registration, insurance, and what to do if you get pulled over. Check it out to learn all about street legal UTVs!

For questions outside the scope of this guide, try contacting:

  • North Dakota Department of Transportation

  • North Dakota Game and Fish

  • North Dakota Parks & Recreation

 

These are the sources we used to create this guide. If you find any inaccurate or outdated information, please contact us and we will be happy to address it.

 

North Dakota Parks & Recreation

North Dakota: General OHV Information and Trails (Equipment requirements, trails, and summary of road restrictions)

North Dakota OHV Permits and Registration

North Dakota OHV Manual (PDF) (Most recent version we know of, please contact us if this changes)

North Dakota Statutes

North Dakota Statutes Chapter 39-29: Off-Highway Vehicles

North Dakota Statute 39-01-01 (Definitions of vehicle categories, highway)

North Dakota Statute 39-04-18 (North Dakota vehicle registration reciprocity)

North Dakota Statute 39-10.2-06 (North Dakota motorcycle helmet law)

North Dakota Statutes

READ LESS, RIDE MORE.

Our expert team can register your UTV as street legal while you’re out riding.

Snowmobile and ATV license training

If you decide to buy off-road equipment soon, then you should be puzzled by resolving the issue of obtaining the appropriate rights to a snowmobile and an ATV. Without this document, it will not be possible to legally operate such machines. It is necessary to pass snowmobile and ATV driving license training , which is carried out by specialized training centers. Their services are priced differently, but it is often not difficult to find a good deal for yourself in terms of course cost and information content.

Snowmobile and ATV training

After spending a few weeks on a snowmobile and ATV training, you can get the necessary knowledge and skills to operate off-road equipment. Today, in almost every city there is a specialized institution that trains tractor drivers. In this case, you need to obtain a tractor license category AI. This can be done with minimal financial and time costs.

ATV and snowmobile education and training

When the idea arises to buy such equipment, do not forget about the need to take specialized courses. In fact, getting a snowmobile and ATV license is inexpensive and fast. Particular attention should be paid to the organization with which you plan to cooperate. The fact is that not every company is ready to provide loyal prices for their services. There is a possibility of distance learning for a snowmobile and an ATV.

Training Price Online Schedule Days Hours
Driver of non-road motor vehicles of category "AI" 16 121
Driver of off-road vehicles of category AII 16 121

Our training center has a good reputation and approaches to work with clients on an individual basis. Groups are recruited all year round to conduct off-road vehicle driver training, so you can become our client any day. It is enough to contact us at the specified phone number and request a detailed consultation. We will absolutely free of charge answer any questions regarding obtaining "tractor" rights of any category.

Our snowmobile and ATV license training is affordable and highly informative. The knowledge gained is well deposited in memory, as the material is presented by teachers in a simple and accessible form. There is an opportunity to ask questions as you listen to the lessons. Also see how to get the rights to a children's ATV.

Snowmobile and ATV license training

ATV and snowmobile license courses

If you want to take specialized courses without overpayments, then you have come to the right place. Sign up for Snowmobile and ATV License Training now by submitting your documents electronically.

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