North Dakota Code § 39-10-26.1

Highway construction and maintenance
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1. The driver of a vehicle shall yield the right of way to any authorized vehicle or 
pedestrian actually engaged in work upon a highway within any highway construction 
or maintenance area indicated by official traffic-control devices.
2. The driver of a vehicle shall yield the right of way to any authorized vehicle obviously 
and actually engaged in work upon a highway wherever such vehicle displays flashing 
lights meeting the requirements of section 39-21-28.

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