Motorcycle helmet and lane-splitting laws in North Dakota

North Dakota's motorcycle rules catch a lot of people off guard. The state only requires helmets for riders under 18, lane splitting is flatly against the law, and the no-fault insurance system that applies to car crashes barely touches motorcycles at all. If you ride in North Dakota, or you're sorting out a claim after a crash, here's what actually governs your case, not what riders assume applies because it's the rule somewhere else.

Who has to wear a helmet

North Dakota's helmet law is narrow. Under N.D.C.C. § 39-10.2-06, no one under 18 may operate or ride on a motorcycle unless a safety helmet meeting U.S. Department of Transportation standards is on their head, with a carve-out for participants in a lawful parade¹. That DOT-standard requirement matters in practice: a novelty helmet with no real impact rating doesn't satisfy the statute just because it looks the part. Once the operator turns 18, the helmet requirement drops away for that operator entirely. But the statute has a wrinkle worth knowing: if the operator is required to wear a helmet because they're under 18, any passenger has to wear one too, no matter how old that passenger is¹. An adult riding behind a 17-year-old operator legally needs a helmet even though the same adult riding solo would not. The law also exempts anyone inside an enclosed cab or on a golf cart¹.

Chapter 39-10.2 doesn't include a separate eye-protection mandate. The equipment section stops at helmets, so adult riders aren't required by statute to wear goggles or a face shield, though the North Dakota Department of Transportation's Vision Zero program pushes "all the gear, all the time" regardless of what the law technically requires². That recommendation carries weight. North Dakota's 2024 crash data show motorcyclist deaths rose from 16 to 17 that year, and state officials reported that nearly 75% of fatal motorcycle crashes over the prior five years involved a rider who wasn't wearing a helmet³.

Lane splitting is illegal, full stop

North Dakota law is direct about this. Under N.D.C.C. § 39-10.2-03, a motorcycle is entitled to full use of a traffic lane, and no other driver may operate in a way that deprives a motorcycle of that full lane⁴. The flip side of that entitlement is a straightforward ban on lane splitting: no one may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles⁴. A motorcyclist also can't overtake and pass another vehicle within the same lane that vehicle occupies⁴. Two motorcycles may ride side by side within a single lane, but no more than two abreast, and none of the passing or between-lane restrictions apply to police officers performing official duties⁴. In a crash claim, a report that places a motorcyclist between rows of stopped or slow-moving traffic is close to definitive proof of a statutory violation, which matters under North Dakota's comparative-fault rules below.

Passenger and licensing rules

Any motorcycle carrying a passenger, other than in a sidecar or an enclosed cab, has to be equipped with footrests for that passenger⁵. To operate a motorcycle at all, North Dakota requires a Class M endorsement on top of a regular license: applicants pass a written knowledge test and an on-cycle skills test, though the skills test can be waived for anyone who completes an approved motorcycle safety course⁶. Riders age 14 or 15 face extra hurdles. They must hold a learner's permit for at least two months before testing, can't ride an engine over 510cc, and must complete an approved safety course before the state will issue the endorsement⁶.

The insurance picture is different for two wheels

This is where North Dakota motorcycle law diverges hardest from car law, and it changes how a claim gets built. Motorcycles still have to carry liability coverage at the state's standard minimums, 25/50/25, because a motorcycle fits within the "motor vehicle" definition used for registration and financial-responsibility purposes⁷⁸. Uninsured and underinsured motorist coverage is required at those same limits, same as any other vehicle on the road⁹.

But North Dakota's no-fault system, the Auto Accident Reparations Act in Chapter 26.1-41, defines "motor vehicle" for no-fault purposes as a vehicle with more than three load-bearing wheels¹⁰. A two-wheeled motorcycle doesn't meet that definition, and basic no-fault benefits under § 26.1-41-06 are paid to people "occupying" a covered motor vehicle¹¹. A motorcyclist isn't occupying one, and that holds even when a car is the one that hits the bike: the benefit follows occupants of the covered car, not the person the car struck. In practice, an injured rider isn't funneled through a $30,000 PIP claim the way a car occupant would be. The claim runs as a standard fault-based bodily injury case against the at-fault driver from the start. If the crash also totaled or damaged the bike itself, that's a separate property claim, and our guide to diminished value and vehicle damage claims in North Dakota covers how those get valued.

Comparative fault after a crash

North Dakota follows a modified comparative negligence rule: an injured rider can recover damages as long as their own fault doesn't reach 50%, with any award reduced by their percentage of fault¹². This matters more for motorcyclists than for most drivers, because insurance adjusters and juries sometimes assume a biker was speeding or splitting lanes before they've looked at the facts. A clean traffic record on the motorcyclist's side, no lane violations and a valid endorsement, can matter as much to the outcome as who ran the light.

Deadlines and getting the report

An injured rider generally has six years from the crash to file a personal injury lawsuit in North Dakota¹³. A wrongful death claim on behalf of a rider killed in a crash has a much shorter window: two years from the date of death¹⁴. Property damage claims also run six years¹³. The official crash report for the incident is usually the first document worth pulling, since it documents fault findings and lane position that will shape everything downstream.

If you're trying to figure out what a North Dakota motorcycle claim is actually worth, or you're up against an insurer that's assuming fault because you were on two wheels, the legal directory can help you find an attorney who handles motorcycle cases in the state.

This article provides general information, not legal advice.

Sources

1. N.D.C.C. § 39-10.2-06, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t39c10-2.pdf

2. NDDOT, "Motorcycle Safety Awareness Month Reminds Riders: Gear Up and Ride Smart," https://www.dot.nd.gov/news/motorcycle-safety-awareness-month-reminds-riders-gear-and-ride-smart

3. Grand Forks Herald, "North Dakota traffic fatalities hit 24-year low in 2024" (reporting NDDOT 2024 Crash Summary data), https://www.grandforksherald.com/news/north-dakota/north-dakota-traffic-fatalities-hit-24-year-low-in-2024

4. N.D.C.C. § 39-10.2-03, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t39c10-2.pdf

5. N.D.C.C. § 39-10.2-05, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t39c10-2.pdf

6. N.D.C.C. § 39-06-14.1, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t39c06.pdf

7. N.D.C.C. § 39-01-01, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t39c01.pdf

8. N.D.C.C. § 39-16.1-11, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t39c16-1.pdf

9. N.D.C.C. §§ 26.1-40-15.2, 26.1-40-15.3, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t26-1c40.pdf

10. N.D.C.C. § 26.1-41-01, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t26-1c41.pdf

11. N.D.C.C. § 26.1-41-06, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t26-1c41.pdf

12. N.D.C.C. § 32-03.2-02, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t32c03-2.pdf

13. N.D.C.C. § 28-01-16, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t28c01.pdf

14. N.D.C.C. § 28-01-18, North Dakota Legislative Branch, https://ndlegis.gov/cencode/t28c01.pdf