Under the Trooper's Hat: Reader's Questions

I have received a couple of questions from readers and I will address them for this month’s article.

If you're passing someone on a two-lane highway, are you allowed to exceed the speed limit until you're able to return to the right lane?


Can anything be done about farmers going down the highway with those HUGE headers attached to their combines? (or does someone have to be injured first?)  What are the rules for traveling after dark with farm equipment?

Under the Trooper's Hat: Driver's Licenses and the Point System- Trooper Michael Hayen

The “point” system implemented by the State of North Dakota allows for drivers to accumulate points on their driving record before any administrative sanctions.  Driving violations carry a monetary fine and may also have a set number of points which are added to a driver’s record. 

Under the Trooper's Hat: Juvenile Drivers and Driver's License Points - Trooper Michael Hayen

North Dakota has special provisions for young drivers regarding driver’s license points.  If an adult driver has twelve (12) or more points assessed against their record, the result is a driver’s license suspension of seven (7) days for each point over eleven (11).  For a driver under the age of 18, the point limit decreases to five (5).  Any points above five carries significant driver’s license consequences for the minor.


ND Highway Patrol Vehicle Struck in Fargo

  At 10:16 a.m. on Friday, Dec. 28, a North Dakota Highway Patrol (NDHP)Trooper was completing a crash investigation in the westbound lane of I94 near mile marker 352, between the Red River Bridge and University Drive in Fargo. The NDHP Trooper’s vehicle was parked on the westbound shoulder when a 2018 Honda Civic, driven by Tazitabong Nkengateh, 40, Fargo, lost control while traveling west and side-swiped the patrol vehicle. Nkengateh and the trooper were uninjured in the crash. Moments later, another crash occurred between two vehicles at the same location.  In addition, another three vehicles spun out in the same location, nearly striking the trooper and other motorists.

Under the Trooper's Hat: Entrapment - Trooper Michael Hayen

Nearly every state trooper, at some point in their career, will be accused of entrapment by a person stopped for a traffic violation. Often the person alleging entrapment does not have a clear legal understanding of entrapment.  To many, it is a legal buzzword taken from a television drama used as an attempt to get out of a ticket or even to intimidate a law enforcement officer.

Under the Trooper's Hat: DVR Stickers and Crashes - Trooper Michael Hayen

If you have been involved in a motor vehicle crash, which has resulted in at least $1,000 in property damage, you have probably received a Damage Vehicle Release (DVR) sticker from the law enforcement officer who investigated the crash.  Every motor vehicle crash in North Dakota which results in property damage of $1,000 or more, injury, or death MUST be immediately reported to law enforcement

Benson County Sobriety Checkpoint Planned

The North Dakota Highway Patrol and Benson County Sheriff’s Office will conduct a sobriety checkpoint at a predetermined location in Benson County on Friday, Oct. 5.


On July 28, 2018, the North Dakota Highway Patrol (NDHP) was awarded advanced accreditation with excellence by the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA®). The NDHP, accredited since 1989, also received a meritorious award for being accredited for more than 15 continuous years. The NDHP must comply with more than 350 professional public safety standards to maintain its accreditation status.

Under The Trooper's Hat: Bike Safety - Trooper Michael Hayen

Summer brings more outdoor activities for both adults and children.  One popular activity is biking.  There are bicyclists who travel cross-country through the rural areas of North Dakota, while others, including kids and adults, bike around the neighborhood.  It is important for motorists and bicyclists to know the rules of the road so everyone is safe.

Notice of Intent to Amend Administrative Rules

TAKE NOTICE that the North Dakota Highway Patrol will hold a public hearing to address proposed new and amended N.D. Admin Code Title 38, Article 6, Chapter 2, Sections 1 and 7, Chapter 3 Section 1. The hearing will be at 2:00 pm CST on Tuesday, August 14, 2018 at the Law Enforcement Training Academy, Classroom 1, 1320 Schafer St., Bismarck, ND.