CHAPTER 32-20A
SNOWMOBILE OPERATION
32-20A-1 Definition of terms.
32-20A-1.1 Exception for raceway facility events--Approval required for certain cross-country races--Rules for safety standards and financial responsibility.
32-20A-2 Speeding and reckless driving prohibited--Muffler required--Violation as misdemeanor.
32-20A-3 Age restrictions on drivers--Violation as misdemeanor.
32-20A-4 Restriction of use on state highways--Violation as misdemeanor.
32-20A-5 Restriction of use on interstate highways and railroads--Violation as misdemeanor.
32-20A-6 Operation in ditch permitted--Crossing of roadways restricted--Violation as misdemeanor.
32-20A-7 Conditions permitting operation on roadways--Unauthorized operation as misdemeanor.
32-20A-8 Permit to operate on closed or posted roadway.
32-20A-9 Restrictions on use within municipality.
32-20A-10 Lights required during darkness--Violation as misdemeanor.
32-20A-11 Repealed.
32-20A-12 Hunting from snowmobile prohibited--Coyote hunting excepted--Penalty.
32-20A-13 32-20A-13. Repealed by SL 1989, ch 255, § 110.
32-20A-14 Operating under the influence.
32-20A-15 Application of excise tax registration and licensing laws--License required--Registration and titling of snowmobiles--Violation as misdemeanor.
32-20A-15.1 Temporary permits.
32-20A-16 Enforcement by law enforcement officers--Prosecution by state's attorneys.
32-20A-17 32-20A-17. Repealed by SL 1991, ch 257, § 2.
32-20A-18 Identification of snowmobile and operator involved in accident--Violation as misdemeanor.
32-20A-19 Notice of certain accidents to department--Investigation--Violation as misdemeanor.
32-20A-20 Incapacitated persons exempted from notice requirements.
32-20A-21 Assumption of risk of injury.
32-20A-22 Liability of snowmobile equipment renters--Gross negligence.
32-20A-23 Safe conditions of rental snowmobiles.
32-20A-24 Operation on state snowmobile trail or area--Violation as misdemeanor.
32-20A-25 Permit to operate motorcycle as a snowmobile.
32-20A-1. Definition of terms.
Terms used in this chapter mean:
(1) "Highway," as it is defined by subdivisions 31-1-5(1) to (4);
(2) "Law enforcement officer," as it is defined by § 23-3-27;
(3) "Operate," to control the operation of a snowmobile;
(4) "Operator," every person who operates or who is in actual physical control of a snowmobile;
(5) "Owner," any person, other than a lien holder, having the property in or title to a snowmobile and entitled to the use or possession thereof;
(6) "Raceway facility," any area designated and clearly defined with appropriate flags, fencing, markers, or delineators for the purpose of drag racing, oval racing, or special exhibitions;
(7) "Roadway," as it is defined by subdivision 32-14-1(26);
(8) "Snowmobile," any engine-driven vehicle of a type which uses sled type runners or skis with an endless belt tread or similar means of contact with the surface upon which it is operated and the vehicle does not exceed forty-eight inches in width;
(9) "Super modified snowmobile," any snowmobile which has been individually built from parts expressly for track racing or has had the chassis, suspension, track, and engine substantially altered.
Source: SL 1971, ch 182, § 1; SL 1990, ch 256, § 3; SL 2013, ch 146, § 1.
32-20A-1.1. Exception for raceway facility events--Approval required for certain cross-country races--Rules for safety standards and financial responsibility.
The provisions of § 32-20A-2 are not applicable to a person operating a snowmobile in an organized track racing event on a raceway facility. For cross-country races using portions of highways, the sponsoring organization shall obtain the approval of the Department of Public Safety prior to the race regarding the route of the race, and the race shall be conducted in accordance with rules promulgated by the department. The secretary of public safety may adopt rules setting safety standards and financial responsibility requirements of the sponsoring organization.
Source: SL 1977, ch 263, § 1; SL 1982, ch 18, § 27; SL 1990, ch 256, § 1; SL 2003, ch 272, § 121.
32-20A-2. Speeding and reckless driving prohibited--Muffler required--Violation as misdemeanor.
No person may operate a snowmobile in the following manner:
(1) At a speed that is greater than is reasonable or prudent under the circumstances;
(2) In any reckless way so as to endanger the person or property of another;
(3) Without a functioning muffler complying with § 32-15-17.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 12; SL 1989, ch 255, § 111.
32-20A-3. Age restrictions on drivers--Violation as misdemeanor.
There is no age limitation for the operation of a snowmobile. However, no person under the age of fourteen may drive a snowmobile across a roadway as defined in subdivision 32-14-1(27) of a highway as defined in subdivisions 31-1-5(1) to (4), inclusive, except under the immediate direction of a parent, legal guardian, or person who is eighteen years of age or older. A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 2; SL 1989, ch 255, § 116; SL 2005, ch 172, § 1.
32-20A-4. Restriction of use on state highways--Violation as misdemeanor.
The Department of Transportation may restrict or prohibit the use of snowmobiles on highways as defined in subdivision 31-1-5(1) under its jurisdiction upon its conspicuously posting of such highway or portion thereof by signs adopted by the transportation commission. A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 4; SL 1973, ch 2, § 232; SL 1979, ch 355, §§ 17, 18; SL 1983, ch 391, § 17; SL 1984, ch 207, § 1; SL 1989, ch 255, § 117.
32-20A-5. Restriction of use on interstate highways and railroads--Violation as misdemeanor.
No snowmobile may be operated upon or across an interstate highway, except that it may cross in the ditch of an underpass or on the extreme right of an overpass. No snowmobile may be operated, other than by a law enforcement officer or a railroad employee in the lawful discharge of duties, upon any railroad right-of-way, except that it may be driven directly across a railroad crossing after stopping and yielding the right-of-way to approaching railroad traffic. A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 3; SL 1989, ch 255, § 112; SL 1996, ch 204, § 1.
32-20A-6. Operation in ditch permitted--Crossing of roadways restricted--Violation as misdemeanor.
A duly registered and licensed snowmobile may be operated in the right-hand or left-hand ditch on state designated snowmobile trails, and in the right-hand ditch outside the roadway of other than interstate highways, but not upon or across any highway except as provided by § 32-20A-7. A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 5; SL 1986, ch 260; SL 1989, ch 255, § 118; SL 1996, ch 204, § 2.
32-20A-7. Conditions permitting operation on roadways--Unauthorized operation as misdemeanor.
A snowmobile may be operated upon or across a roadway:
(1) To cross at right angles to the roadway only after stopping and yielding the right-of-way to all approaching traffic and crossing as closely as possible to an intersection or approach;
(2) When there is no ditch along either side of a roadway, then on the shoulder or berm until there is a ditch on the right-hand side of the roadway which can be traversed;
(3) When by reason of a bridge or culvert or other obstruction, it is impossible to proceed, then only in the right lane of the roadway and for only such distance as necessary to clear the obstruction;
(4) When permitted in writing by a law enforcement officer or a county civil defense director as authorized under § 32-20A-8;
(5) When snow has not been removed from a roadway which has been obstructed and is not used by other types of motor vehicles.
The operation of a snowmobile on or across a roadway in a manner not permitted by this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 6; SL 1972, ch 179; SL 1978, ch 158, § 42.
32-20A-8. Permit to operate on closed or posted roadway.
A permit authorized under subdivision 32-20A-7(4) may be issued to persons, or associations or clubs formed by owners of snowmobiles, to be operated upon roadways which are closed to travel by other motor vehicles or which during the hours of use by snowmobiles will be adequately posted for warning to other motor vehicle operators of its authorized use by snowmobile operators. The permit shall specifically define the routes and the time of day that the operators will be permitted to use the roadway. When operated under such a permit the operator shall comply with the provisions of chapter 32-14.
Source: SL 1971, ch 182, § 7.
32-20A-9. Restrictions on use within municipality.
Nothing contained in §§ 32-20A-4 to 32-20A-7, inclusive, shall grant to the operator of a snowmobile any rights or privileges to operate within the corporate limits of a municipality, and nothing in this chapter shall prohibit the municipality from regulating by ordinance the operation of snowmobiles within the corporate limits.
Source: SL 1971, ch 182, § 8.
32-20A-10. Lights required during darkness--Violation as misdemeanor.
Any snowmobile on a highway, operated during hours of darkness, shall display a lighted headlamp and tail lamp in accordance with chapter 32-17 as may have been approved by the Department of Public Safety at least equivalent to that required for motorcycles. A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 11; SL 1989, ch 255, § 113; SL 2003, ch 272, § 121.
32-20A-11. Repealed.
Source: SL 1971, ch 182, § 9; SL 1989, ch 255, § 114; SL 2011, ch 145, § 1; SL 2013, ch 147, § 1; SL 2019, ch 134, § 1; SL 2020, ch 121, § 2.
32-20A-12. Hunting from snowmobile prohibited--Coyote hunting excepted--Penalty.
An individual may not chase, drive, harass, kill, or attempt to kill any game animal or game bird, with or from a snowmobile.
Notwithstanding the prohibition of this section, an individual may use a snowmobile in the taking of a coyote if:
(1) The individual is on property that the individual owns or leases or the individual is on the property as an invitee of the owner or lessee;
(2) The individual is at least eighteen years of age;
(3) The individual is not engaged in harassing the coyote;
(4) The individual is using a firearm to take the coyote;
(5) The snowmobile is stationary at the time the individual shoots or attempts to shoot the coyote; and
(6) No other individual is aboard the snowmobile.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 10; SL 1989, ch 255, § 115; SL 2011, ch 145, § 2; SL 2024, ch 119, § 1.
32-20A-14. Operating under the influence.
The operator of a snowmobile shall be deemed the driver or operator of a motor vehicle within the meaning of chapter 32-23 and is subject to all the provisions of chapter 32-23 relating to driving while under the influence of intoxicating liquor, drugs, or otherwise therein provided and is punishable thereunder for any violation of that chapter.
Source: SL 1971, ch 182, § 14.
32-20A-15. Application of excise tax registration and licensing laws--License required--Registration and titling of snowmobiles--Violation as misdemeanor.
The title issuance, excise tax, vehicle registration, and dealer licensing provisions of chapters 32-3 to 32-6B, inclusive, apply to snowmobiles. In addition, all snowmobiles used on public lands, private lands, and any frozen public waters within the territorial limits of this state shall be licensed pursuant to § 32-5-90 or have a permit as provided in § 32-20A-15.1. Any snowmobile used by a resident of the state on property owned by him is exempt from the licensing requirements. Any super modified snowmobile built exclusively for organized track racing events on raceway facilities is exempt from the title registration and licensing requirements. Upon the sale of each new snowmobile by a snowmobile dealer, the dealer or applicant shall deliver to the county treasurer of the applicant's residence the snowmobile manufacturer's statement of origin, the required fees and taxes, and completed vehicle title registration forms for the snowmobile. If the snowmobile has not been sold by a licensed snowmobile dealer, the snowmobile owner is responsible for registering and titling the snowmobile, and for the payment of any fees and taxes. A violation of this section is a Class 2 misdemeanor.
Source: SL 1971, ch 182, § 15; SL 1973, ch 209; SL 1979, ch 222, § 2; SL 1982, ch 242, § 2; SL 1986, ch 244, § 3; SL 1990, ch 256, § 2; SL 1991, ch 257, § 1.
32-20A-15.1. Temporary permits.
Any owner of an unlicensed snowmobile shall purchase a temporary permit to operate the snowmobile in this state. The fee for the permit is forty dollars. The permit is valid for five consecutive days. All fees collected shall be deposited in the snowmobiles trails fund established by § 32-5-9.2.
Source: SL 1982, ch 242, § 1; SL 1999, ch 210, § 12; SL 2007, ch 183, § 1.
32-20A-16. Enforcement by law enforcement officers--Prosecution by state's attorneys.
This chapter shall be enforced by all law enforcement officers including conservation officers, notwithstanding the provisions of § 41-15-10.1, whether employed by the state or by any unit of local government. Prosecutions for violation of this chapter shall be conducted by the state's attorneys of the several counties and by the attorney general of this state.
Source: SL 1979, ch 222, § 3.
32-20A-18. Identification of snowmobile and operator involved in accident--Violation as misdemeanor.
The operator of any snowmobile on public lands, frozen public waters, or any private lands leased for public snowmobile use involved in a collision, accident, or other casualty, shall give his name, address, and identification of his snowmobile in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. A violation of this section is a Class 2 misdemeanor.
Source: SL 1988, ch 260, § 1.
32-20A-19. Notice of certain accidents to department--Investigation--Violation as misdemeanor.
The operator of a snowmobile on public lands, frozen public waters, or private lands leased for public snowmobile use shall, in the case of a collision or an accident resulting in damage to a snowmobile or other property to an apparent extent of one thousand dollars or more to any one person's property or two thousand dollars or more in any one accident or resulting in death or injury to a person, immediately, by the quickest means of communication, give notice of the collision or accident to the nearest conservation officer or other law enforcement officer who shall file with the Department of Game, Fish and Parks a full description of the collision or accident upon forms provided by the department and available from any state, county, or local law enforcement agency. If the operator of the snowmobile is physically incapable of giving an immediate notice of a collision or accident and there was another occupant in the snowmobile at the time of the collision or accident capable of doing so, such occupant shall make or cause to be given the notice not given by the operator. The secretary of game, fish and parks may investigate the circumstances of such accidents. Any operator or occupant who fails to file a notice as required by this section is guilty of a Class 2 misdemeanor.
Source: SL 1988, ch 260, § 2; SL 2000, ch 213, § 2; SL 2003, ch 168, § 1.
32-20A-20. Incapacitated persons exempted from notice requirements.
Notice of the collision or accident is not required from any person who is physically incapable of making such report during the period of such incapacity.
Source: SL 1988, ch 260, § 3; SL 2000, ch 213, § 3.
32-20A-21. Assumption of risk of injury.
A snowmobiler assumes the risks inherent in the sport of snowmobiling. A snowmobiler is responsible for:
(1) Knowing the range of the snowmobiler's own ability to snowmobile any slope, trail, or area and for snowmobiling within the limits of the snowmobiler's ability considering the conditions;
(2) Maintaining control of the snowmobile's speed and course at all times while snowmobiling;
(3) Heeding all posted warnings; and
(4) Refraining from acting in a manner that may cause or contribute to the injury of anyone.
The provisions of this section do not affect a product's liability cause of action based upon the design or manufacture of snowmobile equipment products or safety equipment used incidental to the operation of a snowmobile.
Source: SL 1994, ch 259, § 1.
32-20A-22. Liability of snowmobile equipment renters--Gross negligence.
Except as provided in § 32-20A-23, a person who offers snowmobile equipment for rent is liable for death or injury to the operator thereof or other person or property only for an act or omission that constitutes gross negligence.
Source: SL 1994, ch 259, § 2.
32-20A-23. Safe conditions of rental snowmobiles.
A person who engages in the business of renting snowmobiles to another shall maintain rental snowmobiles in a safe condition.
Source: SL 1994, ch 259, § 3.
32-20A-24. Operation on state snowmobile trail or area--Violation as misdemeanor.
No person may operate a snowmobile on a state snowmobile trail or area established pursuant to the provisions of chapter 41-19 unless the snowmobile has a curb weight of less than fourteen hundred pounds, is driven by track contact with the snow, and is steered by ski contact with the snow. A violation of this section is a Class 2 misdemeanor.
Source: SL 2004, ch 216, § 1.
32-20A-25. Permit to operate motorcycle as a snowmobile.
Any resident owner who has titled a motorcycle which has been modified to comply with the definition of a snowmobile for use as a snowmobile on a state snowmobile trail or area established pursuant to the provisions of chapter 41-19 may purchase an annual permit valid from December first to March thirty-first, inclusive, for a fee of twenty dollars. The permit shall be affixed to the motorcycle on the right side of the unit and shall be clearly visible. The Department of Game, Fish and Parks shall collect the annual permit fee imposed by this section and shall deposit the fees in the snowmobile trails fund established by § 32-5-9.2.
Source: SL 2013, ch 146, § 2.
