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Message: <blockquote data-quote="Allen" data-source="post: 335246" data-attributes="member: 389">Yes.ND Century Code:39-29-01. Definitions.As used in this chapter, unless the context otherwise requires:1. "Dealer" means any person engaged in the business of buying, selling, or exchangingoff-highway vehicles or who advertises, or holds out to the public as engaged in thebuying, selling, or exchanging of off-highway vehicles, or who engages in the buying ofoff-highway vehicles for resale.2. "Off-highway vehicle" means any motorized vehicle not designed for use on a highwayand capable of cross-country travel on land, snow, ice, marsh, swampland, or othernatural terrain. The term includes a motorized vehicle converted to operate on snow.The term does not include an electric bicycle. An off-highway vehicle must beclassified into one of the following categories:a. Class I off-highway vehicle is a vehicle that does not qualify as road capableunder chapters 39-21 and 39-27, has a seat or a saddle designed to be straddledby the operator, and has handlebars for steering control of two wheels.b. 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 travelson three or more nonhighway tires; or is sixty-five inches [1651 millimeters] orless in width, weighs two thousand pounds [907.19 kilograms] or less, and travelson four or more nonhighway tires.c. 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 aseat; has a wheel, handlebars, or t steering for steering control; and is designatedfor or capable of cross-country on or over land, water, sand, snow, ice, marsh,swampland, or other natural terrain, but does not include a vehicle registered bythe department under chapter 39-04 or 39-24.3. "Operate" means to ride in or on and control the operation of an off-highway vehicle.4. "Operator" means an individual who operates or is in actual physical control of anoff-highway vehicle.5. "Owner" means a person, other than a lienholder, having the property in or title to anoff-highway vehicle and entitled to its use or possession.6. "Register" means the act of assigning a registration number to an off-highway vehicle.39-29-01.1. Safety fee - Imposition - Collection by dealer - Payment to department -Use of fee.Upon the sale of a new or used off-highway vehicle, a dealer shall collect a five dollar safetyfee from the buyer. By the end of each calendar quarter, the dealer shall file a report with theparks and recreation department which discloses the number of off-highway vehicles sold theprevious months and includes the fees collected from the buyer. Fees imposed under thissection must be deposited in the off-highway vehicle fund established under section 39-29-05.The fees may be used only by the parks and recreation department and only for off-highwayvehicle safety education and promotion. The parks and recreation department shall report to thedirector within thirty days of the end of each calendar quarter the motor-powered recreationalvehicle dealers that submitted a safety fee report and the number of vehicles sold, and shallidentify every dealer not collecting or transmitting the safety fee.39-29-02. Off-highway vehicle registration.Except as provided in this chapter, an individual may not operate an off-highway vehicleunless it has been registered under this chapter.</blockquote>

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