{"data":{"id":"us-nd/n.d.-cent.-code-39-10-48","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 39-10-48","heading":"Officer authorized to remove illegally stopped vehicle","body":"1.If a police officer finds a vehicle standing upon a highway in violation of section 39-10-47, the officer may remove the vehicle or require the driver or other person in charge of the vehicle to move the vehicle to a position off the paved or main-traveled part of the highway to a place where the vehicle does not block the highway or otherwise endanger public safety.\n2.If a police officer finds a vehicle unattended upon any highway and the vehicle may obstruct traffic or otherwise endanger public safety, the officer may have the vehicle moved to a location where it may be securely held.\n3.A police officer may remove or cause to be removed any vehicle found upon a highway and move the vehicle to any location where the vehicle may be securely held if:\na.A report has been made the vehicle has been stolen or taken without the consent of its owner;\nb.The owner or driver of the vehicle is unable to provide for its custody or removal; or\nc.The individual driving or in control of the vehicle is arrested for an offense and taken into custody and another individual is not available to lawfully operate the vehicle.\n4.If a police officer finds a vehicle standing, stopped, or parked in a dangerous location or in violation of any official traffic-control device prohibiting or restricting the stopping, standing, or parking of any vehicle on state property, the officer shall place a written warning on the vehicle for the first offense and issue a traffic citation for a subsequent violation. However, a traffic citation may not be issued for a violation of this subsection occurring on the state capitol grounds during a legislative session.\n5.A police officer and the police officer's employing agency, the department of transportation or an employee of the department of transportation, or a political subdivision or employee of a political subdivision authorized by a police officer is not liable in civil damages for loss or damage to any vehicle removed from a highway or state property under this section, so long as reasonable care is used in the removal process.\n6.The decision and method used to remove a vehicle or any personal property, or cause a vehicle or any personal property to be removed, is a discretionary decision under this section. In the event of a public necessity, a police officer, an employee of the department of transportation, or an employee of a political subdivision authorized by a police officer may take an action that may damage a vehicle or property removed under this section.","path":["Title 39 Motor Vehicles","Chapter 39-10 General Rules Of The Road"],"source_url":"https://ndlegis.gov/cencode/t39c10.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"6bce259aa32532f08e2ad35533db9a1681a4e9e0458a164ed10d45cf1e139112","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-39-10-47","next":"us-nd/n.d.-cent.-code-39-10-49"},"notice":"GroundRules: Original legal text. Not legal advice."}