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.

RuleWhat applies
Holding a phone while driving bannedUsing a mobile phone while driving a carNo [1]
Hands-free useUsing a mobile phone while driving a carAllowed [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 carUsing 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 carDrivers 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

  1. North Dakota Legislative Assembly: North Dakota Century Code, Chapter 39-08 Miscellaneous Rules of the Road (consulted 9 October 2026) · all sources
  2. 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

StateHolding a phone while driving bannedHands-free useFine, 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)

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.