N.D. Cent. Code » Title 39 · Chapter 39-12
North Dakota Century Code

N.D. Cent. Code § 39-12-17 (2026)

Trial - Charges

✓ current as of May 2026
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At the trial of the action, the court shall hear testimony concerning the facts and if it is found that such vehicle or vehicles were moved upon the highways, streets, or roads of this state at a weight in excess of the limitations imposed under the provisions of section 39-12-03 or 39-12-05.3, or as limited by the provisions of section 39-12-05, charges for the extraordinary use of the highways, streets, or roads must be assessed as follows:

1. The storage charges and costs of the action must be assessed; and

2. An additional charge must be assessed as follows: 1 to 1,000 pounds [.45 to 453.59 kilograms] of excess weight = $20 1,001 to 2,000 pounds [454.05 to 907.18 kilograms] of excess weight = $40 2,001 to 3,000 pounds [907.64 to 1360.78 kilograms] of excess weight = $60 3,001 to 4,000 pounds [1361.23 to 1814.37 kilograms] of excess weight = $140 4,001 to 5,000 pounds [1814.82 to 2267.96 kilograms] of excess weight = $220 5,001 to 6,000 pounds [2268.41 to 2721.55 kilograms] of excess weight = $305 6,001 to 7,000 pounds [2722.01 to 3175.14 kilograms] of excess weight = $380 7,001 to 8,000 pounds [3175.60 to 3628.74 kilograms] of excess weight = $495 8,001 to 9,000 pounds [3629.19 to 4082.33 kilograms] of excess weight = $575 9,001 to 10,000 pounds [4082.78 to 4535.92 kilograms] of excess weight = $655 10,001 to 11,000 pounds [4536.37 to 4989.51 kilograms] of excess weight = $1,100 11,001 to 12,000 pounds [4989.97 to 5443.10 kilograms] of excess weight = $1,200 12,001 to 13,000 pounds [5443.56 to 5896.70 kilograms] of excess weight = $1,300 13,001 to 14,000 pounds [5897.15 to 6350.29 kilograms] of excess weight = $1,680 14,001 to 15,000 pounds [6350.74 to 6803.88 kilograms] of excess weight = $1,800 15,001 to 16,000 pounds [6804.33 to 7257.47 kilograms] of excess weight = $1,920 16,001 to 17,000 pounds [7257.93 to 7711.06 kilograms] of excess weight = $2,550 17,001 to 18,000 pounds [7711.52 to 8164.66 kilograms] of excess weight = $2,700 18,001 to 19,000 pounds [8165.11 to 8618.25 kilograms] of excess weight = $2,850 19,001 to 20,000 pounds [8618.70 to 9071.84 kilograms] of excess weight = $3,000 20,001 to 21,000 pounds [9072.29 to 9525.43 kilograms] of excess weight = $4,200 21,001 to 22,000 pounds [9525.89 to 9979.02 kilograms] of excess weight = $4,400 22,001 to 23,000 pounds [9979.48 to 10432.62 kilograms] of excess weight = $4,600 23,001 to 24,000 pounds [10433.07 to 10886.21 kilograms] of excess weight = $4,800 24,001 to 25,000 pounds [10886.66 to 11339.80 kilograms] of excess weight = $5,000 25,001 to 26,000 pounds [11340.25 to 11793.40 kilograms] of excess weight = $5,200 26,001 to 27,000 pounds [11793.86 to 12246.99 kilograms] of excess weight = $5,400 27,001 to 28,000 pounds [12247.45 to 12700.59 kilograms] of excess weight = $5,600 28,001 to 29,000 pounds [12701.04 to 13154.18 kilograms] of excess weight = $5,800 29,001 to 30,000 pounds [13154.63 to 13607.77 kilograms] of excess weight = $6,000 An additional charge of $200 for every 1,000-pound [453.59-kilogram] increase over 30,000 pounds [13607.77 kilograms] consistent with the above formula.

Notes of Decisions
Cited in 6 cases, 1980–2013 · leading case: State Ex Rel. Hjelle v. a MOTOR Veh., ETC., 299 N.W.2d 557 (N.D. 1980).
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State Ex Rel. Hjelle v. a MOTOR Veh., ETC., 299 N.W.2d 557 (N.D. 1980). · cites it 2× “The charge is not assessed on the basis of the number of miles driven on the road, but rather is assessed on a pro rata basis for exceeding the legal weight restriction.”
Stark Cnty. v. 1998 Peterbuilt Truck, VIN: 1NPFXB9X8WD470613, 2013 ND 170, 837 N.W.2d 390. · cites it 12× “” Therefore, to establish a violation, the County must have proven that the defendant vehicle exceeded weight limitations and moved on a road. [¶7] The district court found: The complaint in this matter was drafted by the Plaintiff and they plead it based upon limitations of…”
State ex rel. Hjelle v. A Motor Veh. Described as a 1973 Brockway Tractor License No. 237342, Serial No. 79629, Trailer SN 75-2531-LB-150, 299 N.W.2d 557 (N.D. 1980). “The charge is not assessed on the basis of the number of miles driven on the road, but rather is assessed on a pro rata basis for exceeding the legal weight restriction.”
Bd. of Cnty. Commissioners v. Peterson Excavating, Inc., 406 N.W.2d 674 (N.D. 1987). “1980), “[t]he charge under § 39-12-17, NDCC, is for extraordinary use of the highway, not for actual damage, and there is no burden on the state to prove actual damage.”
McLean Cnty. Comm'rs v. PETERSON EXCAVATING, 406 N.W.2d 674 (N.D. 1987). “1980), "[t]he charge under § 39-12-17, NDCC, is for extraordinary use of the highway, not for actual damage, and there is no burden on the state to prove actual damage.”
State Ex Rel. Backes v. a Motor Veh. Described as a Pawling & Harnishefeger (P & H) 655, 37½ Ton Crane With a 100 Foot Boom, Serial 16789, 492 N.W.2d 595 (N.D. 1992). · cites it 3× “Section 39-12-17 provides that a court must assess charges on a pro rata basis against a vehicle that has violated highway weight limitations.”
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.