Using a mobile phone while driving in North Dakota (2026)
Last reviewed: 9 October 2026
In short: Composing, reading or sending electronic messages while driving is banned; making or receiving a call is not, and hands-free use is allowed. The fee for the electronic-message offence is USD 100. Drivers aged 16 or 17 may not use an electronic communication device to talk or message while the vehicle is moving.
| Rule | What applies |
|---|---|
| Holding a phone while driving bannedUsing a mobile phone while driving a car | No [1] |
| Hands-free useUsing a mobile phone while driving a car | Allowed [1] |
| Fine, first offence (lowest amount where a range applies)Using a mobile phone while driving a car | $100.00 per offence [2] |
| Penalty points on the licenceUsing a mobile phone while driving a car | ⚠ Not yet verified |
| Texting while drivingUsing a mobile phone while driving a car | Using a wireless communications device to compose, read or send an electronic message (text, email, instant message or web request) is banned while the vehicle is part of traffic, including at a stop sign or signal. Phone calls, navigation and hands-free or voice-activated use are excluded. [1] |
| Learner and newly qualified driversUsing a mobile phone while driving a car | Drivers aged 16 or 17 with a class D licence may not use an electronic communication device to talk, compose, read or send messages while the vehicle is moving, except to get emergency help or prevent a crime. [1] |
Notes
- Only using a device to compose, read or send an electronic message while in traffic is banned. Dialling or calling is excluded, and a hands-free or voice-activated use is not covered. Drivers aged 16 or 17 with a class D licence may not use a device to talk (§ 39-08-24).
- Fee for a noncriminal disposition of a violation of § 39-08-23, the electronic-message offence.
- The demerit schedule in § 39-06.1-10 does not list § 39-08-23, so the number of points could not be confirmed.
Sources
- North Dakota Legislative Assembly: North Dakota Century Code, Chapter 39-08 Miscellaneous Rules of the Road (consulted 9 October 2026) · all sources
- North Dakota Legislative Assembly: North Dakota Century Code, Chapter 39-06.1 Noncriminal Traffic Offense Procedure (consulted 9 October 2026) · all sources
North Dakota and neighbouring states
| State | Holding a phone while driving banned | Hands-free use | Fine, first offence (lowest amount where a range applies) | Penalty points on the licence |
|---|---|---|---|---|
| North Dakota | No (texting only) | Allowed | USD 100 | ⚠ Not yet verified |
| Minnesota | Banned | Voice/hands-free mode only, device not held | ⚠ Not yet verified | ⚠ Not yet verified |
| South Dakota | No (calls allowed) | Allowed | ⚠ Not yet verified | ⚠ Not yet verified |
More rules in North Dakota
- CannabisPossession for personal use: Infraction under 1/2 oz (fine only) · Growing at home: Prohibited
- Car speed limitsBuilt-up areas: 25 mph · Outside built-up areas (single carriageway): 55 mph; 65 mph if posted
- Minimum age for a car driving licenceMinimum age for a car licence: 16 (restricted licence at 15) · Earliest age to drive a car supervised: 14 (instruction permit)
- E-bikes and speed pedelecsLegal class: Three classes
- FireworksConsumers may buy and use category F2 fireworks: Limited list of items only · Minimum age to buy: 12
- Knives and pepper sprayFolding pocket knives: Not named if blade under 6 in · Locking or one-handed knives: Switchblade/gravity knives named
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $7.25 per hour
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
- Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: 0.02% (under 21)
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.