No. North Dakota’s distracted driving statute, N.D.C.C. § 39-08-23, prohibits any activity that diverts attention from the road, including applying makeup. The North Dakota Department of Transportation (NDDOT) explicitly lists grooming as a prohibited distraction in its 2024 Distracted Driving Awareness Campaign, with enforcement prioritizing visible impairment risks. Violations carry fines up to $1,000 under local municipal ordinances, particularly in Fargo and Bismarck, where traffic courts treat makeup application as prima facie evidence of negligence.
Key Regulations for Applying Makeup While Driving in North Dakota
- Primary Offense Statute: N.D.C.C. § 39-08-23 criminalizes “any activity not directly related to driving,” including makeup application, as a primary offense, allowing law enforcement to cite drivers without additional violations.
- Local Ordinance Variations: Cities like Grand Forks and Minot impose supplementary penalties under municipal codes (e.g., Grand Forks Municipal Code § 10-0602), doubling fines for repeat offenders caught applying cosmetics.
- 2026 Compliance Shift: The NDDOT’s upcoming Driver’s Manual Update (effective January 2026) will explicitly define makeup application as a “Level 2 Distraction,” triggering mandatory traffic school for first-time offenders.