Vehicle registration and licensing requirements in North Dakota Published July 10, 2008 By Maj. Laura Megan-Posch 319th Legal Office GRAND FORKS AIR FORCE BASE, N.D. -- Military members and their families face many challenges when relocating to new duty assignments. One recurring source of confusion is the applicability of local licensing and vehicle registration laws to military members and their families. These laws often vary from state to state and can carry significant legal and monetary penalties for non-compliance. Below is a brief discussion of some local vehicle laws and how they may apply to you, which may ease your transition to North Dakota. A military member may operate a motor vehicle in North Dakota while stationed in North Dakota, provided the member has a valid current operator's license issued by any state; however, military dependents living in North Dakota must obtain a North Dakota driver's license unless they otherwise qualify for an exemption. Specifically, military dependents will be deemed North Dakota residents for driver's licensing purposes when they have lived in the state for 90 consecutive days, unless they are tourists, nonresident students or a member of the armed forces. New North Dakota residents then have up to 60 days to obtain a North Dakota driver's license allowing them to legally operate a motor vehicle in the state. Additionally, military members who have registered a privately owned vehicle in their state of legal residence are not required to re-register the vehicle in North Dakota. However, if the vehicle is registered in a third state (not North Dakota or the member's state of legal residence), then the military member must re-register the vehicle in either North Dakota or in his or her state of legal residence upon relocating to North Dakota. Bottom line - a servicemember's vehicle must be registered in either the servicemember's state of legal residence or in his or her state of military assignment. In most states, including North Dakota, the vehicle registration exemption for military members does not extend to vehicles owned solely by the military spouse or other family members. In other words, unless the vehicle is owned, at least partially, in the military member's name, the vehicle registration likely will have to be switched every time the family moves to a new state. As you can see, identifying a military member's state of legal residence is crucial to understanding how these laws apply to you. The general rule of thumb for a non-military member (such as a dependent spouse) is that such an individual typically becomes a legal resident of the state in which he or she lives for 90 consecutive days. A military member, however, remains a legal resident of the state from which he or she joined the military unless affirmative steps are taken by that member to become a resident in another state. A military member acquires a new legal state of residency by being physically present in the state with an intent to reside there permanently or indefinitely. Members can demonstrate this intent through, for example, registering to vote and actually voting in their state's elections, registering their vehicle in their home state, claiming a homestead exemption, and paying state income taxes. For more information on vehicle registration, licensing, and driving in North Dakota, visit the state's Department of Transportation website: www.dot.nd.gov. Please contact your base legal office at (701) 747-3606 if you require legal assistance on residency or related topics.