Is Lane Splitting Legal in North Dakota? (2026 Law)

Lane splitting and lane filtering are illegal in North Dakota. N.D.C.C. 39-10.2-03(3) provides that "No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles," and the statute makes no exception for stopped or slow-moving traffic. The only riders exempt are police officers performing their official duties. A violation is a noncriminal moving violation with a statutory fee of $20 under N.D.C.C. 39-06.1-06(2) and 2 points on the rider's driving record. For how other states compare, see our guide to lane splitting laws by state.

Information last verified on 2026-10-09. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Dakota state law in the North Dakota Century Code: the motorcycle chapter (39-10.2), the lane, passing and keep-right rules in chapter 39-10, the roadway definition in 39-01-01, the disposition of traffic offenses, fees and points in chapter 39-06.1, careless driving in 39-09-01, the duty of care in 39-09-01.1, reckless driving in 39-08-03 and the misdemeanor penalties in 12.1-32-01. It does not cover city ordinances, local court costs or surcharges, insurance consequences, or the law of other states.

What North Dakota's motorcycle statute says

North Dakota is one of the states that bans riding between lanes in so many words. Section 39-10.2-03, "Operating motorcycles on roadways laned for traffic," reads in full:

"1. All motorcycles are entitled to full use of a lane and no motor vehicle may be driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection does not apply to the operation of motorcycles two abreast in a single lane as authorized in subsection 4. 2. The operator of a motorcycle may not overtake and pass in the same lane occupied by the vehicle being overtaken. 3. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. 4. Motorcycles may not be operated more than two abreast in a single lane. 5. Subsections 2 and 3 do not apply to police officers in the performance of their official duties."

Subsection 3 reaches both practices riders usually distinguish. Riding the line between two lanes of moving traffic is operating "between lanes of traffic," and moving up between rows of cars stopped at a light is operating "between adjacent lines or rows of vehicles." Nothing in the chapter limits the ban to moving traffic or creates a low-speed exception.

Subsection 2 is a separate rule that matters for riders sharing a lane. A motorcycle may not pass a car by squeezing past it within the car's own lane.

For the purposes of chapter 39-10.2, N.D.C.C. 39-10.2-01 provides that "the term "motorcycle" means motorcycles and motorized bicycles," so the same rules reach motorized bicycles. The same section gives riders "all of the rights" and makes them "subject to all of the duties applicable to the driver of any other vehicle," except for the chapter's special regulations.

The general lane and passing rules

Because riders carry the same duties as other drivers, chapter 39-10's general rules of the road also apply. Under N.D.C.C. 39-10-17(1), "Whenever any roadway has been divided into two or more clearly marked lanes for traffic," a vehicle "must be driven as nearly as practicable entirely within a single lane and may not be moved from such lane until the driver has first ascertained that such movement can be made with safety."

Passing on the left is the normal rule. A driver overtaking a vehicle going the same way "shall pass to the left thereof at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle" (39-10-11(1)). Slower traffic belongs in the right-hand lane: under 39-10-08(2), a vehicle moving at less than the normal speed of traffic "must be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway," except when passing or preparing for a left turn.

Riding on the shoulder

Passing on the right is governed by N.D.C.C. 39-10-12:

"1. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: a. When the vehicle overtaken is making or about to make a left turn; or b. Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle. 2. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement may not be made by driving off the roadway."

The definitions settle where the roadway ends. N.D.C.C. 39-01-01(76) says "Roadway" means "that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder." A pass made on the shoulder is a pass made off the roadway, which 39-10-12(2) forbids.

What happens if you are cited

A noncriminal moving violation and a $20 fee

The motorcycle chapter has no penalty clause of its own. Instead, N.D.C.C. 39-10.2-07 provides: "All of the provisions of chapter 39-06.1 pertaining to the disposition of traffic offenses apply to this chapter." Under N.D.C.C. 39-06.1-09, a violation of chapter 39-10.2 or 39-10 is a moving violation, and under 39-06.1-02(1) a person cited for a traffic violation, other than an offense listed in 39-06.1-05, "is deemed to be charged with a noncriminal offense."

The fee is set by 39-06.1-06(2): "For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars," except for the sections listed after it. The listed exceptions carry higher fees and do not name 39-10.2-03, 39-10-12 or 39-10-17, so the $20 fee applies to a lane splitting, filtering, same-lane passing, passing on the right or single-lane violation. Under 39-06.1-02(3), the official at a hearing "may at that time waive, reduce, or suspend the statutory fee or bond, or both." Court costs or surcharges that a local court may add are outside the scope of this page.

A cited rider can pay the statutory fee at or before the scheduled hearing, or, after posting bond, forfeit it by not appearing (39-06.1-02(1)). Either way, the rider "is deemed to have admitted the violation and to have waived the right to a hearing on the issue of commission of the violation" (39-06.1-02(3)), and within ten days the official certifies the admission to the director (39-06.1-02(5)).

Points and license suspension

The point schedule in N.D.C.C. 39-06.1-10 has its own line for this offense:

Points follow an admission, not only a conviction. Under 39-06.1-10(1), when the director receives "a report of a conviction of a traffic offense, or admission or adjudication of a traffic violation," the director "shall proceed to enter the proper points on the licensee's driving record." If the record shows "a total of twelve or more points," the director "shall notify the licensee of the director's intention to suspend the operator's license." The schedule has no separate line for the single-lane rule in 39-10-17.

For an offense carrying five points or fewer, such as a 39-10.2-03 violation, N.D.C.C. 39-06.1-10.1 lets a driver cited under 39-07-07 tell the court, when posting bond, that the driver will attend a driver training course approved by the director "in lieu of entry of points." The points are not assessed if proof of completion reaches the department within thirty days of that notice. The bond is still forfeited, and the option is not available more than once in twelve months, for offenses of six or more points, or for the offenses listed in 39-06.1-05.

Careless and reckless driving

Each of these is a separate charge with its own elements; whether a particular ride meets them depends on the facts.

North Dakota's basic speed rule and its careless driving offense are the same section: a person who violates the duty of care in 39-09-01(1) "is guilty of careless driving." The Century Code states two different fee figures for that offense. The $100 figure in 39-09-01(1) was enacted by Senate Bill 2132, effective August 1, 2025, which raised it from $30; that act did not change the $30 entry in 39-06.1-06(2)(i). The amount due on a particular citation comes from the court named on it.

Under 39-09-01(2), careless driving is an infraction, with a fine of up to $1,000 under 12.1-32-01(7), when it injures a snow-plow operator, a first responder or emergency-vehicle occupant stopped at the roadside with warning lights on, or a person helping a motorist who is displaying hazard lights, or when it causes more than $4,000 in damage to snow removal equipment or an authorized emergency vehicle. Reckless driving is not handled as a noncriminal offense: 39-06.1-05 lists "Reckless driving or aggravated reckless driving in violation of section 39-08-03" among the offenses excluded from that procedure. None of chapters 39-01, 39-06.1, 39-08, 39-09, 39-10 or 39-10.2 creates an offense named aggressive driving.

The maximum penalties for the misdemeanor classes are in N.D.C.C. 12.1-32-01:

Construction zones

The fee schedule's construction-zone provision covers speeding only. Under 39-06.1-06(8), a violation of a highway construction zone speed limit carries "a fee of one hundred fifty dollars for one through ten miles per hour over the posted speed," and that fee applies only when "individuals engaged in construction are present at the time and place of the violation and the posted speed limit sign states "Minimum Fee $150"."

Federal law and lane splitting

We found no federal statute or regulation that addresses lane splitting; the rules come from state traffic law. The federal motorcyclist safety grant regulation, 23 CFR 1300.25, sets criteria for rider training and motorist-awareness programs and says nothing about lane use, and NHTSA's motorcycle safety guidance does not address lane splitting. North Dakota's ban is a state rule.

If a crash happens while splitting or filtering

How a violation of 39-10.2-03 bears on fault and an injury claim after a crash is covered in our guide to North Dakota motorcycle accident laws. For the crash rules that apply to every driver, see North Dakota car accident laws.

Related pages

• Lane splitting laws by state
• North Dakota motorcycle accident laws
• North Dakota car accident laws

This article provides general legal information about North Dakota law, not legal advice. For advice about a specific situation, contact a lawyer licensed in North Dakota or the court named on your citation.

Last updated: 2026-10-09.

Frequently Asked Questions

Is lane splitting legal in North Dakota?

No. N.D.C.C. 39-10.2-03(3) says no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles. Only police officers performing their official duties are exempt (39-10.2-03(5)).

Is lane filtering at a red light legal in North Dakota?

No. The ban in 39-10.2-03(3) covers riding between adjacent lines or rows of vehicles and contains no exception for stopped traffic, so filtering to the front at a light falls within it.

What is the fine for lane splitting in North Dakota?

It is a noncriminal moving violation with a statutory fee of $20 under N.D.C.C. 39-06.1-06(2). The official may waive, reduce or suspend the fee, and the violation carries 2 points under 39-06.1-10.

Can motorcycles ride side by side in North Dakota?

Yes, up to two in a single lane. N.D.C.C. 39-10.2-03(4) says motorcycles may not be operated more than two abreast in a single lane.

Can motorcycles ride on the shoulder in North Dakota?

Not to pass. N.D.C.C. 39-10-12(2) says passing on the right may not be made by driving off the roadway, and 39-01-01(76) defines the roadway as exclusive of the berm or shoulder.

Does paying a North Dakota traffic ticket add points?

Yes. Under 39-06.1-02, paying the statutory fee or forfeiting bond is deemed an admission of the violation, which is certified to the director, and 39-06.1-10 directs the director to enter points on an admission as well as a conviction.