N.D. Cent. Code » Title 39 · Chapter 39-08
North Dakota Century Code

N.D. Cent. Code § 39-08-20 (2026)

Driving without liability insurance prohibited - Penalty

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section ND-LEGndlegis.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. A person may not drive, or the owner may not cause or knowingly permit to be driven, a motor vehicle in this state without a valid policy of liability insurance in effect in order to respond in damages for liability arising out of the ownership, maintenance, or use of that motor vehicle in the amount required by chapter 39-16.1.

2. Upon being stopped by a law enforcement officer for the purpose of enforcing or investigating the possible violation of an ordinance or state law, the person driving the motor vehicle shall provide to the officer upon request satisfactory evidence, including written or electronic proof of insurance, of the policy required under this section. If unable to comply with the request, that person may be charged with a violation of this section. If that person produces satisfactory evidence, including written or electronic proof of insurance, of a valid policy of liability insurance in effect at the time of the alleged violation of this section to the office of the prosecutor where the matter is pending, that person may not be found in violation of subsection 1.

3. Notwithstanding section 26.1-30-18, a person may be in violation of subsection 1 for failure to have a valid policy of liability insurance in effect under this section if the time of acquisition of the policy was after the time of the alleged incidence of driving without liability insurance. If the time of acquisition of the policy comes into question, the driver or owner has the burden of establishing the time of acquisition. If the driver is not an owner of the motor vehicle, the driver does not violate this section if the driver provides the court with evidence identifying the owner of the motor vehicle and describing circumstances under which the owner caused or permitted the driver to drive the motor vehicle.

4. For a second or subsequent violation of subsection 1 or equivalent ordinance, the court shall order the motor vehicle number plates of the motor vehicle owned and operated by the person at the time of the violation to be impounded until that person provides proof of insurance and a twenty dollar fee to the court. The person shall deliver the number plates to the court without delay at a time certain as ordered by the court. The court shall deliver the number plates to the office of the police officer that made the arrest and notify the department of the order. A person who does not provide the number plates to the court at the appropriate time is guilty of a class B misdemeanor.

5. For a violation of subsection 1 or equivalent ordinance, the person shall provide proof of motor vehicle liability insurance to the department in the form of a written or electronically transmitted certificate from an insurance carrier authorized to do business in this state. This proof must be provided for a period of one year and kept on file with the department. If the person fails to provide this information, the department shall suspend that person's driving privileges and may not issue or renew that person's operator's license unless that person provides proof of insurance.

6. A person who has violated subsection 1 or equivalent ordinance shall surrender that person's operator's license and purchase a duplicate operator's license with a notation requiring that person to keep proof of liability insurance on file with the department. The fee for this license is fifty dollars and the fee to remove this notation is fifty dollars.

7. When an insurance carrier has certified a motor vehicle liability policy, the insurance carrier shall notify the director no later than ten days after cancellation or termination of the certified insurance policy by filing a notice of cancellation or termination of the certified insurance policy; except that a policy subsequently procured and certified shall, on the effective date of its certification, terminate the insurance previously certified with respect to any motor vehicle designated in both certificates.

Notes of Decisions
Cited in 14 cases, 1982–2014 · leading case: State Farm Mut. Auto. Ins. Co. v. LaRoque, 486 N.W.2d 235 (N.D. 1992).
Sort: Relevance Newest Treatment
State Farm Mut. Auto. Ins. Co. v. LaRoque, 486 N.W.2d 235 (N.D. 1992). · cites it 12× “She argues that this public policy is further evidenced by the criminal penalty imposed by Section 39-08-20, N.D.C.C., [4] for driving without liability insurance in the amount required by Chapter 39-16.”
Schleuter v. N. Plains Ins. Co., 2009 ND 171, 772 N.W.2d 879. · cites it 7× “[¶ 18] “North Dakota law requires that no person shall drive a motor vehicle without a valid motor vehicle liability insurance policy in the amount required by Chapter 39-16.”
Richard v. Fliflet, 370 N.W.2d 528 (N.D. 1985). · cites it 6× “The legislative declaration for our no-fault provisions provides, in part, that its purpose is "to require registrants of motor vehicles in this state to procure insurance covering legal liability arising out of ownership or operation of such motor vehicles.”
St. Paul Mercury Ins. Co. v. Andrews, 321 N.W.2d 483 (N.D. 1982). · cites it 6× “1975—see § 39-08-20, NDCC). Also, in 1975 (Ch. 265, S.”
Filloon v. Stenseth, 498 N.W.2d 353 (N.D. 1993). · cites it 4× “N.D.C.C. § 39-08-20 makes it a crime to drive a motor vehicle in North Dakota without a valid policy of liability insurance.”
City of Dickinson v. Gresz, 450 N.W.2d 216 (N.D. 1989). · cites it 4× “"Strict liability statutes in criminal law do not invariably violate constitutional requirements." State v. Olson, 356 N.W.2d 110, 112 (N.”
State v. Leppert, 2014 ND 207, 855 N.W.2d 665. · cites it 6× “[¶ 3] On appeal, Leppert argues the district court denied him the right to cross-examine a witness, and the statute he allegedly violated, N.D.C.C. § 39-08-20, did not apply to him and was not properly enacted.”
State v. Ertelt, 548 N.W.2d 775 (N.D. 1996). · cites it 5× “, a noncriminal administrative traffic offense, and with driving without liability insurance, in violation of § 39-08-20, N.D.C.C., a class B misdemeanor.”
Milbank Mut. Ins. Co. v. Dairyland Ins. Co., 373 N.W.2d 888 (N.D. 1985). · cites it 2× “, unambiguously limits the terms in that section by stating “as used in this chapter.”
State v. Vogel, 467 N.W.2d 86 (N.D. 1991). · cites it 2× “(hit and run); section 39-08-20, N.D.C.C. (driving without liability insurance); section 6-08-16, N.”
Anderson v. Anderson ex rel. Anderson, 1999 ND 57, 591 N.W.2d 138. · cites it 4× “North Dakota adopted compulsory automobile liability insurance in 1975, N.D.C.C. § 39-08-20, 1975 N.D. Sess. Laws, ch.”
Kippen v. Farm Bureau Mut. Ins. Co., 421 N.W.2d 483 (N.D. 1988). “See § 39-08-20, N.D.C.C. Although that provision might have put the Kippens on notice that liability insurance was required on the vehicle, it would not have put them on notice of un-derinsurance coverage.”
Show all 14 citing cases →
N.D. Cent. Code § 39-08-20(1): 1 case
Schleuter v. N. Plains Ins. Co., 2009 ND 171, 772 N.W.2d 879. “[¶ 18] “North Dakota law requires that no person shall drive a motor vehicle without a valid motor vehicle liability insurance policy in the amount required by Chapter 39-16.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.