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Title 47 Amendments

§ 1–101. Definition of words and phrases

The following words and phrases when used in this title shall, for the purpose of this title, have the

meanings respectively ascribed to them in this chapter, except when the context otherwise requires or

other definitions are provided. Section captions are a part of this chapter.

§ 1–101.1. Ancient vehicle

A motor vehicle owned by a citizen of this Nation, which is thirty (30) years of age or older, based

upon the date of manufacture thereof, and which travels on highways of this Nation primarily

incidental to historical or exhibition purposes only.

§ 1–102. Arterial street

Any U.S. or state-numbered route, controlled-access highway, or other major radial or

circumferential street or highway designated by local authorities within their respective jurisdictions

as part of a major arterial system of streets or highways.

§ 1–103. Authorized emergency vehicles—Equipment

When equipped as prescribed in subsection B of this section:

Vehicles of fire departments;

Ambulances or vehicles specified pursuant to subsection B of Section 1-2512 of Title 63

of the Oklahoma Statutes of licensed ambulance service providers;

State vehicles of law enforcement agencies;

County vehicles of sheriffs and full-time commissioned deputies and vehicles designated

by the sheriff for support of the sheriff's office including privately owned vehicles driven by the

sheriff and full-time, part-time and reserve commissioned deputies; provided the audible sirens

and flashing red lights equipped on such privately owned vehicles are used only in a law

enforcement capacity and in the course of duty;

Municipal vehicles of police departments;

Vehicles owned and operated by the United States Marshals Service or the Federal

Bureau of Investigation;

Vehicles of Oklahoma National Guard units designated by the Adjutant General for

support to civil authorities; or

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Vehicles owned and operated by any local organization for emergency management as

defined by Section 683.3 of Title 63 of the Oklahoma Statutes,

are authorized emergency vehicles.

All vehicles prescribed in subsection A of this section shall be equipped with sirens capable of

giving audible signals as required by the provisions of Section 12-218 of this title and flashing red

lights as authorized by the provisions of Section 12-218 of this title.

§ 1–103.1. Automobile

Every motor vehicle of the type constructed and used for the transportation of persons for purposes

other than for hire or compensation. This shall include all vehicles of the station wagon type whether

the same are called station wagons, or ranch wagons, van wagons, except those used for commercial

purposes, suburbans, town and country, or by any other name, except when owned and used as a school

bus or motor bus by a school district or a religious corporation or society as elsewhere provided by law.

§1-103.2. Autocycle

An autocycle is any motor vehicle having:

A seat or saddle for the use of each rider;

Three wheels in contact with the ground, but excluding a tractor;

A combustion engine with a piston or rotor displacement of one hundred fifty cubic

centimeters (150 cu cm) or greater;

For each occupant, safety belts or safety shoulder harnesses which shall be of a type

and shall be installed pursuant to 49 C.F.R., Section 571.208 et seq.; and

All equipment required by the provisions of Article II et seq. of Chapter 12 of this

title, with respect to equipment on vehicles.

An autocycle shall be registered as a motor vehicle.

The operator of an autocycle shall not be required to have an “M” endorsement on the Class

D License pursuant to Section 6-110.1 of this title.

§ 1–104. Bicycle, electric-assisted bicycle, and motorized bicycle

A bicycle is a device upon which any person or persons may ride, propelled solely by human

power through a belt, chain, or gears, and having two or more wheels, excluding mopeds.

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An electric-assisted bicycle is any bicycle with:

Two or three wheels; and

Fully operative pedals for human propulsion and equipped with an electric motor with

a power output of not more than seven hundred fifty (750) watts that meets the requirements

of one of the following three classes:

“Class 1 electric-assisted bicycle” shall mean an electric-assisted bicycle

equipped with a motor that provides assistance only when the rider is pedaling, and

that ceases to provide assistance when the bicycle reaches the speed of twenty (20)

miles per hour,

“Class 2 electric-assisted bicycle” shall mean an electric-assisted bicycle

equipped with a motor that may be used exclusively to propel the bicycle, and that is

not capable of providing assistance when the bicycle reaches the speed of twenty (20)

miles per hour, and

“Class 3 electric-assisted bicycle” shall mean an electric-assisted bicycle

equipped with a motor that provides assistance only when the rider is pedaling, and

that ceases to provide assistance when the bicycle reaches the speed of twenty-eight

(28) miles per hour.

An electric-assisted bicycle shall meet the manufacturing and equipment requirements adopted by

the Consumer Product Safety Commission for bicycles and shall operate in such a manner that the

electric motor disengages or ceases to function when the rider stops pedaling or the brakes are

applied.

A motorized bicycle is any bicycle having:

Fully operative pedals for propulsion by human power;

A power drive system that functions directly or automatically without clutching or

shifting by the operator after the drive system is engaged; and

A combustion engine with a piston or rotor displacement of eighty (80 cu cm) cubic

centimeters or less, regardless of the number of chambers in the engine, which is capable of

propelling the bicycle at a maximum design speed of not more than thirty-five (35) miles per

hour on level ground.

As used in this title, the term “bicycle” shall include tricycles, quadcycles, or similar humanpowered devices, electric- assisted bicycles, and motorized bicycles unless otherwise specifically

indicated.

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§ 1–105. Bus

“Bus” shall mean every motor vehicle designed for carrying more than eight passengers and used for

the transportation of persons; and every motor vehicledesigned and used for the transportation of

persons for compensation. As used in this section, “Bus” shall not include a vehicle authorized for

use pursuant to the Oklahoma Transportation Network Company Services Act as defined in 47 O.S.

§ 1011.

§ 1-105.1. Church bus

A “church bus” is any bus operated by a nonprofit religious organization which transports persons

including school-age children to and from religious activities.

§ 1–106. Business district

The territory contiguous to and including a highway when within any six hundred (600) feet along such

highway there are buildings in use for business or industrial purposes, including but not limited to

hotels, banks, or office buildings, railroad stations and public buildings which occupy at least three

hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the

highway.

§ 1–107. Cancellation of driver's license

The annulment or termination by formal action of the Department of a person's driver's license because

of some error or defect in the license or because the licensee is no longer entitled to such license, but

the cancellation of a license is without prejudice and application for a new license may be made at any

time after such cancellation.

§ 1–107.1. Class A commercial motor vehicle

Any combination of vehicles, except a Class D motor vehicle, with a gross combined weight rating of

twenty-six thousand one (26,001) or more pounds provided the gross vehicle weight rating of the

vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds.

§ 1–107.2. Class B commercial motor vehicle

Any single vehicle, except a Class D motor vehicle, with a gross vehicle weight rating of twenty-six

thousand one (26,001) or more pounds, or any such vehicle towing a vehicle not in excess of ten

thousand (10,000) pounds gross vehicle weight rating. This class shall apply to a bus with a gross

vehicle weight rating of twenty-six thousand one (26,001) or more pounds and designed to transport

sixteen (16) or more persons, including the driver.

§ 1–107.3. Class C commercial motor vehicle

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Any single vehicle or combination of vehicles, other than a Class A or Class B motor vehicle, as defined

in this title, which is:

1. Required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F; or

2. Designed by the manufacturer to transport sixteen (16) or more persons, including the driver.

§ 1–107.4. Class D motor vehicle

A. A Class D motor vehicle is any motor vehicle or combination of vehicles which:

1. Regardless of weight:

a. Is marked and used as an authorized emergency vehicle, as defined in Section 1-103 of this

title, or

b. is designed and used solely as a recreational vehicle;

2. Is a single or combination vehicle with a gross combined weight rating of less than twenty-six

thousand one (26,001) pounds;

3. Is a single or combination farm vehicle with a gross combined weight rating of more than twentysix thousand one (26,001) pounds if:

a. It is entitled to be registered with a farm tag and has a farm tag attached thereto,

b. It is controlled and operated by a farmer, his family or his employees,

c. It is used to transport either agricultural products, farm machinery, farm supplies or any

combination of those materials to or from a farm, and

d. It is not used in the operations of a common or contract motor carrier, and

e. It is used within one hundred fifty (150) air miles of the person's farm or as otherwise

provided by federal law.

4. Is operated by a licensed driver employed by a unit of local government that operates a

commercial motor vehicle within the boundaries of that unit of local government for the purpose

of removing snow or ice from a roadway by plowing, sanding or salting, if:

a. the properly licensed employee who ordinarily operates a commercial vehicle for these

purposes is unable to operate the vehicle, or

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b. the employing governmental entity determines that a snow or ice emergency requires

additional assistance.

B. A Class D Motor Vehicle shall not include any vehicle which is:

1. Designed to carry sixteen or more passengers, including the driver; or

2. Required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F; provided, a

farm vehicle, as defined in paragraph 3 of subsection A of this section, which is required to be

placarded for hazardous materials under 49 C.F.R., Part 172, subpart F, shall be considered to be

a Class D motor vehicle.

§ 1–108. Commercial operator or driver

Every person who operates, drives or is in actual physical control of a Class A, B or C motor vehicle,

as defined in Sections 1-107.1, 1-107.2 and 1-107.3 of this title.

§ 1-108.1. Tillerman

“Tillerman” shall mean every person who is physically located on a Class A, B or C commercial

motor vehicle in which they are steering or assisting in steering by remote control or other means,

any axle, including a vehicle being towed by a motor vehicle, and shall possess the appropriate class

of license for the vehicle being operated as required by 47 O.S. § 6-101.

§ 1-108.2. Steerman

“Steerman” shall mean every person who is not physically located on a Class A, B or C commercial

motor vehicle in which they are steering or assisting in steering by remote control or other means,

any axle, including a vehicle being towed by a motor vehicle, and shall be exempt from the

requirement to possess a Class A, B or C commercial driver license and shall only be required to

possess a valid driver license.

§ 1–109. Commissioner

The Commissioner of the Department of Public Safety of the State of Oklahoma.

§ 1–110. Controlled-access highway

Every highway, street or roadway in respect to which owners or occupants of abutting lands and other

persons have no legal right of access to or from the same except at such points only and in such manner

as may be determined by the public authority having jurisdiction over such highway, street or roadway.

§ 1–111. Crosswalk

A. That part of a roadway at an intersection included within the connections of the lateral lines of the

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sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs,

from the edges of the traversable roadway;

B. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing

by lines or other markings on the surface.

§ 1–112. Dealer

Every person engaged in the business of buying, selling or exchanging vehicles of a type to be

registered hereunder and who has an established place of business for such purpose in this Nation.

§ 1–113. Department

The Department of Public Safety of the State of Oklahoma, acting directly or through its dulyauthorized officers and agents.

§ 1–114. Driver

A. “Driver” means any person who drives, operates or is in actual physical control of a vehicle.

B. “Driver license” means a document issued by the Department of Public Safety or the driver

licensing agency of another state or country which grants to the person named thereon the privilege to

drive, operate or be in actual physical control of a motor vehicle. The term shall include an

intermediate Class D driver license, a learner permit and commercial learner permit.

§ 1-114A. Electric personal assistive mobility device

“Electric personal assistive mobility device” means a self-balancing, two nontandem-wheeled

device, designed to transport only one person, having an electric propulsion system with an average

of seven hundred fifty (750) watts (1 h.p.), and a maximum speed of less than twenty (20) miles per

hour on a paved level surface when powered solely by such a propulsion system while ridden by an

operator who weighs one hundred seventy (170) pounds.

§ 1–115. Reserved

§ 1–116. Established place of business

The place actually occupied either continuously or at regular periods by a dealer or manufacturer

where his books and records are kept and a large share of his business is transacted.

§ 1–117. Explosives

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Explosives shall have the same meaning as defined in 49 C.F.R., Part 173.

§ 1–118. Farm tractor

Every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing

machines and other implements of husbandry.

§ 1–119. Flammable liquid

Flammable substance shall include any liquid, gas, or other material as defined in 49 C.F.R., Part

173.

§ 1–120. Reserved

§ 1–120.1. Gross combination weight rating (GCWR)

The value specified by the manufacturer as the loaded weight of a combination or articulated vehicle.

In the absence of a value specified by the manufacturer, the gross combination weight rating shall be

determined by adding the gross vehicle weight rating of the power unit and the total weight of the

towed unit and any load thereon.

§ 1–121. Gross vehicle weight rating (GVWR)

The gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the

loaded weight of a single vehicle.

§ 1–122. Highway

The entire width between the boundary lines of every way publicly maintained when any part

thereof is open to the use of the public for purposes of vehicular travel.

§ 1–123. Manufactured home

"Manufactured home" means and includes every vehicle defined as a manufactured home as defined

in 47 O.S. § 1102.

§ 1–124. Identifying number

The numbers, and letters if any, on a vehicle designated by the Oklahoma Tax Commission for the

purpose of identifying the vehicle.

§ 1–125. Implement of husbandry

Every device, whether it is self-propelled, designed and adapted so as to be used exclusively for

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agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of

husbandry and in either case not subject to registration if used upon the highways.

1. Farm wagon type tank trailers of not over one thousand two hundred (1,200) gallons capacity,

used during the liquid fertilizer season as field storage "nurse tanks" supplying the fertilizer to

a field applicator and moved on highways only for bringing the fertilizer from a local source

of supply to farms or field or from one farm or field to another, shall be considered implements

of husbandry for purposes of this act.

2. Trailers or semitrailers owned by a person engaged in the business of farming and used

exclusively for the purpose of transporting farm products to market or for the purpose of

transporting to the farm material or things to be used thereon shall also be considered

implements of husbandry for purposes of this title. Provided, no truck or semitrailer with an axle

weight of twenty thousand (20,000) pounds or more, which is used to haul manure and operated

on the public roads or highways of this state shall be considered an implement of husbandry for

the purposes of this title.

3. Utility-type, all-terrain vehicles with a maximum curb weight of one thousand five hundred

(1,500) pounds which are equipped with metal front or rear carrying racks when used for

agricultural, horticultural or livestock-raising operations shall be considered implements of

husbandry for purposes of this title.

§ 1–126. Intersection

A. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then

the lateral boundary lines of the roadways of two highways which join one another at, or

approximately at, right angles, or the area within which vehicles traveling upon different highways

joining at any other angle may come in conflict.

B. Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each

roadway of such divided highway by an intersecting highway shall be regarded as a separate

intersection. In the event such intersecting highway also includes two roadways thirty (30) feet or

more apart, then every crossing of two roadways of such highways shall be regarded as a separate

intersection.

§ 1–127. Reserved

§ 1–128. License to operate a motor vehicle

A. Any valid driver license or permit to operate a motor vehicle issued under the laws of

Oklahoma including any temporary license or instruction permit, the lawful possession of which

by a resident of the State of Oklahoma shall be evidence that the resident has been granted the

privilege to operate a motor vehicle.

;

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B. Any nonresident's operating privilege as defined in Section 1-138 of this title, which is evidenced

by the lawful possession of a valid driver license or permit to operate a motor vehicle issued under

the laws of another state.

§ 1–129. Lienholder

A person holding a security interest in a vehicle.

§ 1–130. Local authorities

Every county, municipal and other local board or body having authority to enact laws relating to

traffic under the Constitution and laws of this Nation and, where applicable, the State of Oklahoma.

§ 1–131. Mail

To deposit in the United States mails properly addressed and with postage prepaid.

§ 1–132. Manufacturer

Every person engaged in the business of constructing or assembling vehicles of a type required to be

registered hereunder at an established place of business in the State of Oklahoma or within the Cherokee

Nation.

§ 1–133. Metal tire

Every tire the surface of which in contact with the highway is wholly or partly of metal or other

hard, nonresilient material.

§ 1–133.1. Reserved

§ 1-133.2. Moped

A “moped” is any motor-driven cycle with a motor which produces not to exceed two brake

horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty-five (35)

miles per hour on level ground. If an internal combustion engine is used, the displacement shall not

exceed fifty (50) cubic centimeters, and the moped shall have a power drive system that functions

directly or automatically without clutching or shifting by the operator after the drive system is

engaged.

§ 1-133.3. Motor scooter

A. A “motorized scooter” is any vehicle having:

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1. Not more than three wheels in contact with the ground;

2. Handlebars and a foot support or seat for the use of the operator;

3. A power source that is capable of propelling the vehicle at a maximum design speed of not

more than twenty-five (25) miles per hour on level ground, and:

a. if the power source is a combustion engine, has a piston or rotor displacement of

thirty-five cubic centimeters (35 cu cm) or less regardless of the number of chambers

in the power source,

b. if the power source is electric, has a power output of not more than one thousand

(1,000) watts.

B. For purposes of this section, an electric personal assistive mobility device, as defined in Section 1114A of this title, bicycle, electric-assisted bicycle, or motorized bicycle, as defined in Section 1-104

of this title, shall not be considered a motorized scooter.

C. A motorized scooter shall not be required to be registered under the laws of this state. The operator

of a motorized scooter shall not be required to possess a driver license or to comply with the vehicle

insurance or financial responsibility laws of this state.

§ 1–134. Motor vehicle

A. A motor vehicle is:

1. Any vehicle which is self-propelled; or

2. Any vehicle which is propelled by electric power obtained from overhead trolley wires,

but not operated upon rails.

B. As used in this title, the term “motor vehicle” shall not include:

1. Implements of husbandry, as defined in Section 1-125 of this title;

2. Electric personal assistive mobility devices as defined in Section 1-114A of this title;

3. Motorized wheelchairs, as defined in Section 1-136.3 of this title;

4. Vehicles moved solely by human or animal power; or

5. Electric-assisted bicycles as defined in Section 1-104 of this title.

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§ 1-134.1. Low-speed electrical vehicle

“Low-speed electrical vehicle” means any four-wheeled electrical vehicle that is powered by an

electric motor that draws current from rechargeable storage batteries or other sources of electrical

current and whose top speed is greater than twenty (20) miles per hour but not greater than twentyfive (25) miles per hour and is manufactured in compliance with the National Highway Traffic Safety

Administration standards for low-speed vehicles in 49 C.F.R. 571.500.

§ 1–135. Motorcycle

A motorcycle is any motor vehicle having:

1. A seat or saddle for the use of each rider;

2. Not more than three wheels in contact with the ground, but excluding a tractor; and

3. A combustion engine with a piston or rotor displacement of one hundred fifty cubic centimeters

(150 cu cm) or greater.

§ 1–136. Motor-driven cycle

A motor-driven cycle is any motor vehicle having:

1. A power source that:

a. if the power source is a combustion engine, has a piston or rotor displacement of greater

than thirty-five cubic centimeters (35 cu cm) but less than one hundred fifty cubic centimeters

(150 cu cm) regardless of the number of chambers in the power source,

b. if the power source is electric, has a power output of greater than one thousand (1,000)

watts; and

2. A seat or saddle for the use of each rider; and

3. Not more than three wheels in contact with the ground.

§ 1–136.1. Reserved

§ 1-136.2. Reserved

§ 1-136.3. Motorized wheelchair

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A motorized wheelchair is any self-propelled vehicle, designed for and used by a person with a

disability, that is incapable of a speed in excess of eight (8) miles per hour.

§ 1–137. Nonresident

Every person who is not a resident of this Nation.

§ 1–138. Nonresident's operating privilege

The privilege conferred upon a nonresident by the laws of this Nation pertaining to the operation by

such person of a motor vehicle, or the use of a vehicle owned by such person, in this Nation.

§ 1–139. Official traffic-control devices

All signs, barricades, signals, markings and devices not inconsistent with this act placed or erected by

authority of a public body or official having jurisdiction, for the purpose of regulating, warning

or guiding traffic.

§ 1–140. Operator

Every person, including a commercial operator or driver, as defined in Section 1-108 of this title,

who operates, drives or is in actual physical control of a motor vehicle or who is exercising control

over or steering a vehicle being towed by a motor vehicle.

§ 1-140.1. “Other intoxicating substance” defined

For purposes of this title, “other intoxicating substance” means any controlled dangerous substance,

as defined in the Uniform Controlled Dangerous Substances Act, Section 2101 et seq. of Title 21 of

the Cherokee Nation Code Annotated, or any other substance, other than alcohol, which is capable

of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely

affecting the central nervous system, vision, hearing, or other sensory or motor function.

§ 1–141. Owner

A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement

for the conditional sale or lease thereof with a right of purchase upon performance of the conditions

stated in the agreement and with an immediate right of possession vested in the conditional vendee or

lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee

or lessee or mortgagor shall be deemed the owner for the purpose of this Code.

§ 1–142. Park, parking, and public parking lot

A. "Park" or "parking" means the standing of a vehicle, whether occupied or not, otherwise than

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temporarily for the purpose of and while actually engaged in loading or unloading merchandise or

passengers.

B. A public parking lot is any parking lot on right-of-way dedicated to public use or owned by the state

or a political subdivision thereof.

§ 1–143. Pedestrian

Any person afoot.

§ 1–144. Person

Every natural person, firm, co-partnership, association or corporation.

§ 1–145. Pneumatic tire

Every tire in which compressed air is designed to support the load.

§ 1–146. Pole trailer

Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing

vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle,

and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural

members capable, generally, of sustaining themselves as beams between the supporting connections.

§ 1–147. Police officer

Every sheriff, constable, marshal, policeman, highway patrolman, and any other officer who is

authorized to direct or regulate traffic or make arrests for violations of Cherokee Nation laws.

§ 1–148. Private road or driveway

Every way or place in private ownership and used for vehicular travel by the owner and those having

express or implied permission from the owner, but not by other persons.

§ 1–149. Railroad

A carrier of persons or property upon carsoperated upon stationary rails.

§ 1–150. Railroad sign or signal

Any sign, signal or device erected by authority of a public body or official or by a railroad and

intended to give notice of the presence of railroad tracks or the approach of a railroad train.

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§ 1–151. Railroad train

A steam engine, diesel, electric or other motor, with or without cars coupled thereto, operated upon

rails, except streetcars.

§ 1–152. Reserved

§ 1–152.1. Recreational vehicle

For the sole purpose of the classification of vehicles as provided in Sections 1-107.1 through 1-07.4

of this title, a recreational vehicle shall be deemed to be a Class D motor vehicle, provided such

vehicle is a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for

recreational, camping or travel purposes and is used solely as a family or personal conveyance.

§ 1–153. Registration

The registration certificate or certificates and registration plates issued under the laws of Oklahoma

pertaining to the registration of vehicles.

§ 1–154. Residence district

The territory contiguous to and including a highway not comprising a business district when the

property on such highway for a distance of three hundred (300) feet or more is in the main improved

with residences or residences and buildings in use for business.

§ 1–155. Revocation of driving privilege

The termination by formal action of the Oklahoma Department of Public Safety regarding a person's

privilege to operate a motor vehicle on the public highways. Such action shall not include the

requirement of the surrender to the Department of said person’s driver license.

§ 1–156. Right-of-way

The privilege of the immediate use of the roadway.

§ 1–157. Reserved

§ 1–158. Roadway and shoulder

A. Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel,

exclusive of the shoulder. In the event a highway includes two or more separate roadways the term

"roadway" as used herein shall refer to any such roadway separately but not to all such roadways

collectively.

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B. Shoulder. The portion of the roadway contiguous with the traveled way for accommodation of

stopped vehicles, for emergency use, and for lateral support of base and surface courses.

§ 1–159. Safety zone

The area or space officially set apart within a roadway for the exclusive use of pedestrians and which

is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while

set apart as a safety zone.

§ 1–160. School bus

Every motor vehicle owned by a public or governmental agency and operated for the transportation of

children to or from school or privately owned and operated for compensation for the transportation of

children to or from school, provided, however, that this definition of school bus shall not be extended

to include buses normally used in city transit which may be used part time for transportation of school

children within such cities during some portion of the day.

§ 1–161. Security

Cash, certificates of deposit issued by financial institutions located within the Nation or the State of

Oklahoma, or corporate security bond deposited with the Commissioner of Public Safety to secure

payment of a judgment or judgments arising out of a motor vehicle accident which occurred prior to

the demand for posting of security.

§ 1–162. Semitrailer

Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or

property and for being drawn by a motor vehicle and so constructed that some part of its weight and

that of its load rests upon or is carried by another vehicle.

§ 1–163. Sidewalk

That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent

property lines, intended for use of pedestrians.

§ 1–164. Solid tire

Every tire of rubber or other resilient material which does not depend upon compressed air for the

support of the load.

§ 1–165. Special mobilized machinery

Special purpose machines, either self-propelled or drawn as trailers or semitrailers, which derive no

revenue from the transportation of persons or property, whose use of the highways is only incidental,

and whose useful revenue-producing service is performed at destinations in an area away from the

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traveled surface of an established open highway, and which carry no load other than their own weight,

which cannot be divided for all practical purposes. This definition shall include a truck or truck tractor

when used while drawing special mobilized machinery but this shall not be construed as exempting

from license and registration the pulling unit truck or truck tractor as required by the motor vehicle

license and registration.

§ 1–166. Reserved

§ 1–167. Stand or standing

Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose

of and while actually engaged in receiving or discharging passengers.

§ 1–168. State

A state, territory or possession of the United States, the District of Columbia, the Commonwealth of

Puerto Rico or a province of the Dominion of Canada.

§ 1–169. Stop

When required means complete cessation from movement.

§ 1–170. Stop or stopping

When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except

when necessary to avoid conflict with other traffic or in compliance with the directions of a police

officer or traffic-control sign or signal.

§ 1–171. Street

The entire width between boundary lines of every way publicly maintained when any part thereof is

open to the use of the public for purposes of vehicular travel.

§ 1–172. Reserved

§ 1–173. Suspension of driver's license

The temporary withdrawal by formal action of the Department of a person's privilege to operate a

motor vehicle on the public highways. Such action shall include the requirement of the surrender to

the Department of said person's driver license.

§ 1–173.1. Tank vehicle

Any commercial motor vehicle designed to transport any liquid, powdered or gaseous materials within

a tank or tanks having an individual rated capacity of more than one hundred nineteen (119) gallons

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and an aggregate rated capacity of one thousand (1,000) or more gallons that is either permanently

or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an

empty storage container tank, not designed for transportation, with a rated capacity of one thousand

(1,000) or more gallons that is temporarily attached to a flatbed trailer is not considered a tank

vehicle. Such vehicles include but are not limited to cargo tanks and portable tanks as defined by 49

C.F.R., Part171;provided, a commercial motor vehicle transporting an empty storage container tank,

not designed for transportation, with a rated capacity of one thousand (1,000) or more gallons that is

temporarily attached to a flatbed trailer is not considered a tank vehicle.

§ 1–174. Taxicab

Taxicab shall mean and include any motor vehicle for hire, designed to carry eight (8) persons or less,

operated upon any street or highway, or on call or demand, accepting or soliciting passengers

indiscriminately for transportation for hire between such points along streets or highways as may be

directed by the passenger or passengers so being transported. This classification shall not include:

1. Motor vehicles of eight (8) passenger capacity or less operated by the owner where the cost of

operation is shared by fellow workmen between their homes and the place of regular daily

employment, when not operated for more than two (2) trips per day, nor shall the

classification

2. Motor vehicles operated by the owner where the cost of operation is shared by the passengers

on a "share the expense plan";

3. Motor vehicles transporting students from the public school system when said motor vehicle

is so transporting under contract with public, private, or parochial school board or governing

body, or

4. Motor vehicles operating pursuant to the Oklahoma Transportation Network Company Act as

provided for in 47 O.S. § 1011.

§ 1–175. Through highway

Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at

the entrances to which vehicular traffic from intersecting highways is required by law to yield right-ofway to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such

signs are erected as provided in this act.

§ 1–176. Reserved

§ 1–177. Traffic

Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or

together, while using any highway for purposes of travel.

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§ 1–178. Traffic-control signal

Any device, whether manually, electrically or mechanically operated, by which traffic is alternately

directed to stop and to proceed.

§ 1–179. Traffic lane

The portion of the traveled way for the movement of a single line of vehicles.

§ 1–180. Trailer

Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or

property and for being drawn by a motor vehicle and so constructed that no part of its weight rests

upon the towing vehicle, provided however, the definition of trailer herein shall not include implements

of husbandry as defined in 47 CNCA § 1–125.

§ 1–181. Transporter

Every person engaged in the business of delivering vehicles of a type required to be registered

hereunder from a manufacturing, assembling or distributing plant to dealers or sales agents of a

manufacturer or from the place of business of a dealer, sales agent or auto auction to a place of

business of the same or another dealer, sales agent or auto auction.

§ 1–181.1. Travel trailer

Any vehicular portable structure built on a chassis which is not propelled by its own power but is towed

by another vehicle and is used as a temporary dwelling for travel, recreational or vacational use. A

travel trailer shall have a body width not exceeding eight (8) feet in travel mode and an overall length

not exceeding forty (40) feet, including the hitch or coupling.

§ 1–182. Truck

Every motor vehicle designed, used or maintained primarily for the transportation of property.

§ 1–183. Truck tractor

A. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed

as to carry a load other than a part of the weight of the vehicle and load so drawn; and

B. For the purposes of 47 O.S. § 14–103(C)(3), the term truck-tractor shall also include oil field rig-up

trucks when towing a trailer or semitrailer.

§ 1–184. Turnpike and Turnpike Authority

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A. The words "Turnpike Authority" or "Authority" shall mean the Oklahoma Turnpike Authority,

created by 69 O.S. § 1703 , or, if said Authority shall be abolished, the board, body, or commission

succeeding to the principal functions thereof or to whom the powers given by this act to the Authority

shall be given by law.

B. A turnpike is a limited access grade separated expressway financed and operated by the Oklahoma

Turnpike Authority upon which a toll is charged for the use thereof.

§ 1–185. Urban district

The territory contiguous to and including any street which is built up with structures devoted to

business, industry or dwelling houses situated at intervals of less than one hundred (100) feet for a

distance of a quarter of a mile or more.

§ 1–186. Vehicle

A. A vehicle is any device in, upon or by which any person or property is or may be transported or

drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

B. As used in this title, the term “vehicle” shall not include:

1. Implements of husbandry, as defined in Section 1-125 of this title;

2. Electric personal assistive mobility devices, as defined in Section 1-114A of this title; or

3. Motorized wheelchairs, as defined in Section 1-136.3 of this title.

CHAPTER 2 APPLICATION

§ 2–101. Application of code

This title shall apply to all persons subject to the jurisdiction of Cherokee Nation as determined by

Cherokee Nation or federal law.

§ 2–102. Cherokee Nation

"Cherokee Nation" is the government of Cherokee Nation and geographically is the territory of

Cherokee Nation as of 1893.

§ 2–103. Indian

Any person who is a member or who is eligible for membership in a federally-recognized tribe,

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nation or band of Indians.

§ 2–104. Tribal citizen

Any person who is a citizen or who is eligible for citizenship in Cherokee Nation.

§ 2–105. Offense

An offense is a violation of any provision under this code which is punishable only by assessment of

a fine and costs.

§ 2–106. Crime

A crime is any violation of a provision of this code which is not designated as an "offense" and if

committed under the laws of the State of Oklahoma would constitute a misdemeanor or felony.

CHAPTER 3 [RESERVED]

CHAPTER 4 ANTI–THEFT LAWS

§ 4–101. Exceptions from provisions of this chapter

This chapter does not apply to the following unless a title or registration has been issued on such

vehicles under this act:

1. a vehicle moved solely by animal power;

2. an implement of husbandry, except as provided in 47 CNCA §§ 4–102 and 4–104;

3. special mobilized machinery;

4. a self-propelled invalid wheelchair or tricycle.

§ 4–102. Unauthorized use of vehicle or implement of husbandry

A. A person not entitled to possession of a vehicle who, without the consent of the owner and with

intent to deprive him, temporarily or otherwise, of the vehicle or its possession, takes, uses or

drives the vehicle or implement of husbandry is guilty of a felony punishable by imprisonment

for a term not more than three (3) years, or by a fine not to exceed Fifteen Thousand Dollars

($15,000.00), or by both said imprisonment and fine.

B. A person not entitled to possession of an implement of husbandry who, without the consent

of the owner and with intent to deprive the owner, temporarily or otherwise, of the implement

of husbandry or its possession, takes, uses or drives the implement of husbandry shall, upon

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conviction, be guilty of a felony punishable in accordance with the provisions of Section 17102 of this title.

§ 4–103. Unauthorized use of a vehicle known to be stolen--Punishment

A. A person not entitled to the possession of a vehicle who receives, possesses, conceals, sells

or disposes of it, knowing the vehicle to be stolen or converted under circumstances

constituting a crime, shall upon conviction, be guilty of a felony, punishable by imprisonment

for a term not more than three (3) years, or by a fine not to exceed Fifteen Thousand Dollars

($15,000.00), or by both said imprisonment and fine.

B. A person not entitled to the possession of an implement of husbandry who receives,

possesses, conceals, sells or disposes of it, knowing the implement of husbandry to be stolen

or converted under circumstances constituting a crime shall, upon conviction, be guilty of a

felony punishable in accordance with the provisions of Section 17-102 of this title.

§ 4–104. Damaging or tampering with vehicle or implement of husbandry

A. A person, who, with intent and without right to do so, injures or tampers with any vehicle or

implement of husbandry or in any other manner damages any part or portion of said vehicle or

implement of husbandry or any accessories, appurtenance or attachments thereto is guilty of a

misdemeanor punishable by imprisonment for a term not more than one (1) year, or by a fine not to

exceed Five Thousand Dollars ($5,000.00), or by both said imprisonment and fine.

B. A person, who, without right to do so and with intent to commit a crime, climbs into or upon a

vehicle or implement of husbandry whether it is in motion or at rest, attempts to manipulate any of

the levers, starting mechanism, brakes or other mechanism or device of a vehicle or implement of

husbandry while the same is at rest and unattended, or sets in motion any vehicle or implement of

husbandry while the same is at rest and unattended is guilty of a misdemeanor punishable by

imprisonment for a term not more than one (1) year, or by a fine not to exceed Five Thousand Dollars

($5,000.00), or by both said imprisonment and fine.

C. This section shall not apply as stated in 47 CNCA § 11–1002.

§ 4–105. Stolen, converted, recovered and unclaimed vehicles

A. It shall be the duty of every sheriff, marshal, chief of police or peace officer to make immediate

report to the Department of Public Safety of all vehicles reported to their respective jurisdictions as

being stolen or recovered. Such report shall be made as prescribed by the Department.

B. An owner or a lienholder may report the theft of a vehicle, or its conversion if a crime, to the

Department, but the Department may disregard the report of a conversion unless a warrant has been

issued for the arrest of a person charged with the conversion. A person who has so reported the theft

or conversion of a vehicle shall, forthwith after learning of its recovery, report the recovery to the

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Department.

C. An operator of a place of business for garaging, repairing, parking or storing vehicles for the public,

in which a vehicle remains unclaimed for a period of thirty (30) days, shall, within five (5) days after

the expiration of that period, report the vehicle as unclaimed to the Department. Such report shall be

on a form prescribed by the Department.

A vehicle left by its owner whose name and address are known to the operator or his employee is not

considered unclaimed. A person who fails to report a vehicle as unclaimed in accordance with this

subsection forfeits all claims and liens for its garaging, parking or storing and is guilty of a crime

punishable by a fine of not more than Twenty-five Dollars ($25.00) for each day his failure to report

continues.

D. The Department shall maintain and appropriately index cumulative public records of stolen,

converted, recovered and unclaimed vehicles reported to it pursuant to this section. The Department

may make and distribute weekly lists of such vehicles so reported to it to peace officers upon request

without fee and to others for the fee, if any, the Department prescribes.

E. Any peace officer who has reason to believe or upon receiving information that a motor vehicle has

been stolen shall have and is hereby vested with authority to confiscate and hold such vehicle until

satisfactory proof of ownership is established. Provided, any vehicle that is towed by a licensed

wrecker operator pursuant to the provisions of Section 954A of Title 47 of the Oklahoma Statues

shall be returned to the licensed wrecker operator prior to any other claim or assertion of ownership.

§ 4–106. False report of theft or conversion

A person who knowingly makes a false report of the theft or conversion of a vehicle to a peace officer

or to the Department is guilty of a misdemeanor punishable by imprisonment for a term not more

than one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both said

imprisonment and fine.

§ 4–107. Removed, falsified or unauthorized identification

A. Any person or persons who shall destroy, remove, cover, alter or deface, or cause to be destroyed,

removed, covered, altered or defaced, the engine number or other distinguishing number of any

vehicle in this Nation, without first giving notice of such act to the Cherokee Nation Tax

Commission, upon such form as the Commission may prescribe, or any person who shall give a

wrong description in any application for the registration of any vehicle in this Nation for the purpose

of concealing or hiding the identity of such vehicle, shall be deemed guilty of a felony punishable

by imprisonment for a term not more than three (3) years, or by a fine not to exceed Fifteen Thousand

Dollars ($15,000.00), or by both said imprisonment and fine.

B. A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle,

knowing that the identification number of the vehicle or engine has been removed or falsified, shall,

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upon conviction, be guilty of a misdemeanor punishable by imprisonment for a term not more than

one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both said

imprisonment and fine.

C. A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, with

knowledge that the identification number of the vehicle or engine has been removed or falsified and

with intent to conceal or misrepresent the identity of the vehicle or engine, shall, upon conviction, be

guilty of a felony punishable by imprisonment for a term not more than three (3) years, or by a fine

not to exceed Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment and fine.

D. A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not

authorized by law for use on said vehicle with intent to conceal or misrepresent the identity of the

vehicle or its owner shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment

for a term not more than one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00),

or by both said imprisonment and fine.

E. As used in this section:

1. "Falsify" includes alter and forge.

2. "Identification number" includes an identifying number, serial number, engine number or other

distinguishing number or mark, placed on a vehicle or engine by its manufacturer or by authority of

the Cherokee Nation Tax Commission or in accordance with the laws of another state, tribe, or

country.

3. "Remove" includes deface, cover and destroy.

F. An identification number may be placed on a vehicle or engine by its manufacturer in the regular

course of business or placed or restored on a vehicle or engine by authority of the Cherokee Nation

Tax Commission without violating this section; an identification number so placed or restored is not

falsified.

§ 4-107a. Offenses in connection with trim tag plates--Exceptions--Penalties--Civil remedies-Definitions

A. It shall be unlawful for any person to:

1. Knowingly and intentionally destroy, remove, cover, alter or deface, or cause to be destroyed,

covered, removed, altered or defaced the trim tag plate of a motor vehicle manufactured from

1953 to 1977;

2. Knowingly affix a counterfeit trim tag plate to a motor vehicle;

3. Manufacture, offer for sale, sell, introduce, import or deliver for sale or use in this state a

counterfeit trim tag plate; or

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4. Offer for sale, sell, introduce, import or deliver for sale or use in this state a trim tag plate

that was affixed to a motor vehicle at the time of manufacture but has since been removed or

become dislodged.

B. Paragraph 1 of subsection A of this section shall not apply to:

1. Any person who engages in repair of a motor vehicle, provided that removal of the vehicle's

trim tag plate is reasonably necessary for repair of a part of the vehicle to which the trim tag

plate is affixed, and provided that such trim tag plate is not intentionally destroyed, altered or

defaced; or

2. Removal of a trim tag from a motor vehicle which is being junked or otherwise destroyed, if

the removal is being done for historical documentation purposes by a person actively involved

in judging events or for historical documentation of classic motor vehicles and reasonable

precaution is taken to ensure that the tag is not sold or affixed to another motor vehicle.

C. Any person convicted of violating the provisions of this act shall be guilty of a misdemeanor

punishable by imprisonment for a term not more than one (1) year, or by a fine not to exceed Five

Thousand Dollars ($5,000.00), or by both said imprisonment and fine. Any person convicted of

violating the provisions of this act a second or subsequent time shall be guilty of a felony punishable

by imprisonment for a term not more than three (3) years, or by a fine not to exceed Fifteen Thousand

Dollars ($15,000.00), or by both said imprisonment and fine.

D. In addition to any other civil remedy available, a person defrauded as a result of a violation of this

act may bring a civil action against any person who knowingly violated this act regardless of whether

that person has been convicted of a violation of this act. A person defrauded as a result of a violation

of this act may recover treble their actual compensatory damages. In any action brought pursuant to

this subsection, the court may award reasonable costs, including costs of expert witnesses, and

attorney fees to the prevailing party.

E. As used in this section:

1. “Trim tag plate” means a plate or tag affixed to a motor vehicle by the manufacturer which

displays numbers, symbols, or codes that identify characteristics of the vehicle including, but

not limited to, date of manufacture, body style, paint color, engine option, transmission option,

trim option, general option, interior option, and interior color;

2. “Counterfeit trim tag plate” means:

a. any trim tag plate manufactured by a person or entity other than the original manufacturer

of a motor vehicle upon which the trim tag plate is designed to be affixed, unless the trim tag

has been permanently stamped, in the same manner as other information on the trim tag, with

the words “REPLACEMENT TAG” in letters measuring at least one-eighth (1/8) of an inch

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in height, or

b. any trim tag plate which has been altered from its original manufactured condition so as to

change any of its numbers, symbols, or codes; and

3. “Motor vehicle” means the same as defined in Section 1-134 of this title.

§ 4–108. False statements of material facts—Punishment

Any person who shall knowingly make any false statement of a material fact, either in his application

for the certificate of title herein provided for, or in any assignment thereof, or who, with intent to

procure or pass title to a motor vehicle which he knows, or has reason to believe, has been stolen, shall

receive or transfer possession of the same from or to another, or who shall have in his possession any

motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of

the law engaged at the time in the performance of his duty as such officer, shall be deemed guilty of a

felony punishable by imprisonment for a term not more than three (3) years, or by a fine not to exceed

Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment and fine.. This provision shall not

be exclusive of any other penalties prescribed by an existing or future law for the larceny or

unauthorized taking of a motor vehicle.

§ 4–109. Altering or forging certificate of title

Any person who shall alter or forge, or cause to be altered or forged, any certificate of title issued by

the Commission, pursuant to the provisions of this act, or any assignment thereof, or who shall hold or

use any such certificate or assignment, knowing the same to have been altered or forged, shall be

deemed guilty of a felony punishable by imprisonment for a term not more than three (3) years, or by

a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment and fine..

§ 4–110. Offenses in connection with certificates of title

A. Except as otherwise authorized by law, it shall be unlawful for any person to commit any of the

following acts:

1. To lend or to sell to, or knowingly permit the use of by, one not entitled thereto any certificate of

title or number plate issued to or in the custody of the person so lending or permitting the use

thereof;

2. To alter or in any manner change a certificate of title, registration certificate or number plate issued

under the laws of this Nation or any state;

3. To purchase identification or number plates on an assigned certificate of title. This paragraph

shall be applicable to all persons except bona fide registered dealers in used motor vehicles who are

holders of current and valid used motor vehicle dealers' licenses;

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4. To sell or dispose of, in any manner, a used vehicle without delivering to the purchaser an Oklahoma

certificate of title in such purchaser's name or one properly and completely assigned to him at the

time of sale.

Anyone violating any of the provisions of this subsection, upon conviction, shall be guilty of a

misdemeanor and shall be fined not less than Ten Dollars ($10.00) and not to exceed One Hundred

Dollars ($100.00).

B. Except as otherwise authorized by law, no person shall:

1. Lend or sell to, or knowingly permit the use of by, one not entitled thereto any certificate of title

issued for a manufactured home, manufactured home registration receipt, manufactured home

registration decal or excise tax receipt;

2. Alter or in any manner change a certificate of title issued for a manufactured home under the laws

of this Nation or any state;

3. Remove or alter a manufactured home registration receipt, manufactured home registration decal or

excise tax receipt attached to a certificate of title or attach such receipts to a certificate of title with

the intent to misrepresent the payment of the required excise tax and registration fees;

4. Purchase identification, manufactured home registration receipt, manufactured home registration

decal or excise tax receipt on an assigned certificate of title.

Anyone violating the provisions of this subsection, upon conviction, shall be guilty of a felony

punishable by imprisonment for a term not more than three (3) years, or by a fine not to exceed Fifteen

Thousand Dollars ($15,000.00), or by both said imprisonment and fine..

C. Any violation of any portion of this section where a specific penalty has not been imposed shall

constitute a misdemeanor and upon conviction thereof the person having violated it shall be fined

not less than Ten Dollars ($10.00) and not to exceed One Hundred Dollars ($100.00).

CHAPTERS 5-9. Reserved

CHAPTER 10

ACCIDENTS AND ACCIDENT REPORTS

§ 10–101. Provisions of chapter apply throughout Cherokee Nation

The provisions of this chapter shall apply upon highways and elsewhere throughout Cherokee

Nation.

§ 10–102. Accidents involving nonfatal injury

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A. The driver of any vehicle involved in an accident resulting in a nonfatal injury to any person shall

immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall

then forthwith return to and in every event shall remain at the scene of the accident until he has

fulfilled the requirements of 47 CNCA § 10–104. Every such stop shall be made without obstructing

traffic more than is necessary.

B. Any person willfully, maliciously, or feloniously failing to stop, or to comply with said requirements

under such circumstances, shall be guilty of a felony punishable by imprisonment for a term not

more than three (3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by

both said imprisonment and fine.

C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident

operating privilege of the person so convicted.

§ 10-102.1. Accidents involving death

A. The driver of any vehicle involved in an accident resulting in the death of any person shall

immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall

then forthwith return to and in every event shall remain at the scene of the accident until he has

fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without

obstructing traffic more than is necessary.

B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution,

or to comply with said requirements under such circumstances, shall upon conviction be guilty of a

felony punishable by imprisonment for a term not more than three (3) years, or by a fine not to exceed

Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment and fine.

C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident

operating privilege of the person so convicted.

§ 10–103. Accidents involving damage to vehicle

The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven

or attended by any person shall immediately stop such vehicle at the scene of such accident or as close

thereto as possible but shall forthwith return to and in every event shall remain at the scene of such

accident until he has fulfilled the requirements of 47 CNCA § 10–104. Every such stop shall be made

without obstructing traffic more than is necessary. Any person failing to stop or comply with said

requirements under such circumstances shall be guilty of a misdemeanor punishable by imprisonment

for a term not more than one (1) year, or by a fine not to exceed Five Thousand Dollars ($5,000.00),

or by both said imprisonment and fine. In addition to the criminal penalties imposed by this section,

any person violating the provisions of this section shall be subject to liability for damages in an amount

equal to three (3) times the value of the damage caused by the accident. Said damages shall be

recoverable in a civil action. Nothing in this section shall prevent a Judge from ordering restitution for

any damage caused by a driver involved in an accident provided for in this section.

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§ 10–104. Duty to give information and render aid--Drug and alcohol testing

A. The driver of any vehicle involved in an accident resulting in injury to or death of any person

or damage to any vehicle which is driven or attended by any person shall give his correct

name, address and registration number of the vehicle he is driving, and shall upon request

exhibit his driver license and his security verification form, as defined in 47 O.S. § 7–600, to

the person struck or the driver or occupant of or person attending any vehicle collided with,

and shall render to any person injured in such accident reasonable assistance, including the

carrying, or the making of arrangements for the carrying, of such person to a physician,

surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is

necessary or if such carrying is requested by the injured person. Any driver who provides

information required by this section which is intentionally inaccurate shall be subject to the

provisions of Section 10-103 of this title.

B. Any driver of any vehicle involved in an accident who could be cited for any traffic offense

where said accident resulted in the immediate death or great bodily injury, as defined

in subsection B of Section 646 of Title 21 of the Cherokee Nation Code Annotated, of any

person shall submit to drug and alcohol testing as soon as practicable after such accident

occurs. The traffic offense violation shall constitute probable cause for purposes of Section

752 of this title and the procedures found in Section 752 of this title shall be followed to

determine the presence of alcohol or controlled dangerous substances within the driver's

blood system.

§ 10–105. Duty upon striking unattended vehicle

The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop

and shall then and there either locate and notify the operator or owner of such vehicle of the correct

name and address of the driver and owner of the vehicle striking the unattended vehicle, and provide

said operator or owner with information from his security verification form, as defined by 47 O.S. § 7–

600, or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and

address of the driver and of the owner of the vehicle doing the striking, and providing information

from his security verification form, as defined by 47 O.S. § 7–600, and a statement of the

circumstances thereof.

§ 10–106. Duty upon striking fixtures upon a highway

The driver of any vehicle involved in an accident resulting only in damage to fixtures or other

property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the

owner or person in charge of such property of such fact and of the driver’s name and address and of

the registration number of the vehicle he is driving and shall upon request exhibit a driver license

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and security verification form, as defined in 47 O.S. § 7–600, and shall make report of such accident

when and as required in 47 CNCA § 10–108.

Any person failing to stop or comply with said requirements under such circumstances shall, upon

conviction, be guilty of a misdemeanor punishable by imprisonment for a term not more than one (1)

year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both said imprisonment

and fine. Nothing in this section shall prevent a judge from ordering restitution for any damage

caused by a driver involved in an accident provided for in this section.

§ 10–107. Immediate notice of accident

The driver of a vehicle involved in an accident resulting in injury to or death of any person shall

immediately, by the quickest means of communication, give notice of such accident to the local law

enforcement department, or to the office of the county sheriff or the nearest office of the State Highway

Patrol after complying with the requirements of 47 CNCA § 10–104.

§ 10–108. Written report of accident—Notice to other parties—Ancillary proceedings

Except for collisions occurring on private property, the operator of a motor vehicle which is in any

manner involved in a collision upon any road, street, highway or elsewhere within this Nation

resulting in bodily injury to or death of any person or in which it is apparent that damage to one

vehicle or other property is in excess of Three Hundred Dollars ($300.00) shall forward a written

report of such collision to the Department if settlement of the collision has not been made within six

(6) months after the date of the accident and provided that if a settlement has been made a report of

such settlement must be made by the parties.

A. Notwithstanding the provisions of 47 O.S. § 7–202, if any party involved in a collision files a report

under this section, the Department shall notify all other parties involved in the collision, as specified

in the report, that a report has been filed and all other parties shall then furnish the Department, within

ten (10) days, such information as the Department may request to determine whether the parties were

in compliance with the requirements of 47 O.S. § 7–601 through 7-607 at the time of the collision.

Upon a finding that an owner or driver was not in compliance with 47 O.S. § 7– 601 through 7-607,

the Department shall then commence proceedings under the provisions of 47 O.S. § 7– 201 and § 7–

308 through7-335 of this title.

§ 10–109. Form of report

A. The form of the report required by this section shall be prescribed by the Commissioner, and the

Commissioner may cause to be prepared such blanks and shall make such blanks available to the

motoring public by leaving a supply with marshals, sheriffs, chiefs of police, justices of the peace,

judges of the district court and other officials as the Commissioner may deem advisable.

B. Such report, in addition to such other information as may be prescribed by the Commissioner, shall

contain information to enable the Commissioner to determine whether the requirements for the

deposit of security under 47 O.S. § 7–202 are inapplicable by reason of the existence of insurance or

other exceptions specified in this act, and shall be accompanied by a copy of an estimate made by

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some motor vehicle agency or established garage as to the cost of repairing the vehicle of which the

person making the report was the operator or owner, which report shall be signed by an authorized

representative of such agency or garage.

§ 10–110. Additional information

The Department may require any driver of a vehicle involved in an accident of which report must be

made as provided in this section to file supplemental reports whenever the original report is

insufficient in the opinion of the Department.

§ 10–111. When driver unable to report

A. An accident report is not required under this chapter from any person who is physically incapable

of making report during the period of such incapacity.

B. Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an

accident as required in 47 CNCA § 10–107 and there was another occupant in the vehicle at the time

of the accident capable of doing so, such occupant shall make or cause to be given the notice not

given by the driver.

§ 10–112. False reports

Any person who gives information in reports as required in 47 CNCA § 10–108, 10–110 or 10– 111

knowing or having reason to believe that such information is false shall be fined not more than Five

Hundred Dollars ($500.00) or imprisoned for not more than one (1) year, or both.

§ 10–113. Accident report forms

A. The Department may prepare and upon request supply to marshals, police departments, coroners,

sheriffs, garages and other suitable agencies or individuals forms for accident reports required

hereunder, appropriate with respect to the persons required to make such reports and the purposes to

be served. The written reports to be made by persons involved in accidents and by investigating

officers shall call for sufficiently detailed information to disclose with reference to a traffic accident

the cause, conditions then existing and the persons and vehicles involved.

B. Every accident report required to be made in writing shall be made on the appropriate form approved

by the Department and shall contain all of the information required therein unless not available.

§ 10–114. Penalty for failure to report

The Commissioner of Public Safety may suspend the license or permit to drive and any nonresident

operating privileges of any person failing to report an accident as herein provided until such report has

been filed, and the Commissioner may extend such suspension not to exceed thirty (30) days. Any

person convicted of failing to make a report as required herein shall be punished as provided in 47

CNCA § 17–101.

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§ 10–115. Public inspection of reports relating to collisions

A. All collision reports made by persons involved in collisions shall be without prejudice to the

individual so reporting and shall be for the confidential use of the Department or other state or tribal

agencies having use for the records for collision prevention purposes, or for the administration of

the laws of this Nation relating to the deposit of security and proof of financial responsibility by

persons driving or the owners of motor vehicles, except that the Department may disclose the identity

of a person involved in an accident when such identity is not otherwise known or when such person

denies his presence at such collision.

B. All collision reports and supplemental information filed in connection with the administration of the

laws of this Nation relating to the deposit of security or proof of financial responsibility shall be

confidential and not open to general public inspection, nor shall copying of lists of such reports be

permitted, except, however, that such reports and supplemental information may be examined by, or

the Department may provide a copy to, any person named therein, a representative of the person as

designated in writing by the person, or as provided in Section 40-102 of the Oklahoma statutes.

C. No reports or information mentioned in this section shall be used as evidence in any trial, civil or

criminal, arising out of an collision, except that the Department shall furnish upon demand of any

party to such trial, or upon demand of any court, a certificate showing that a specified accident report

has or has not been made to the Department in compliance with law.

§10-116. Reserved

§ 10-117. Reserved

§ 10-118. Accident response fee prohibited

A. Notwithstanding any other section of law to the contrary, no person or entity shall impose an

accident response fee for the response or investigation of a motor vehicle accident by law

enforcement.

B. For purposes of this section, “accident response fee” means a fee imposed for the response or

investigation of a motor vehicle accident and does not mean any fee otherwise specifically authorized

by law.

CHAPTER 11 RULES OF THE ROAD

ARTICLE I. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS ARTICLE II.

TRAFFIC SIGNS, SIGNALS AND MARKINGS

ARTICLE III. DRIVING ON RIGHT SIDE OF ROADWAY—OVERTAKING AND PASSING,

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ETC.

ARTICLE IV. RIGHT–OF–WAY

ARTICLE V. PEDESTRIANS' RIGHTS AND DUTIES

ARTICLE VI. TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING

ARTICLE VII. SPECIAL STOPS REQUIRED

ARTICLE VIII. SPEED RESTRICTIONS

ARTICLE IX. RECKLESS DRIVING, DRIVING WHILE INTOXICATED AND NEGLIGENT

HOMICIDE

ARTICLE X. STOPPING, STANDING AND PARKING ARTICLE XI.

MISCELLANEOUS RULES

ARTICLE XII. OPERATION OF BICYCLES AND PLAY VEHICLES ARTICLE XIII.

MAINTENANCE, CONSTRUCTION AND SAFETY ZONES ARTICLE I.

OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS

§ 11–101. Provisions of chapter refer to vehicles upon the highways—Exceptions

The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of

vehicles upon the highways except:

1. Where a different place is specifically referred to in a given section.

2. The provisions of Chapter 10 of this title and Article IX of this chapter shall apply upon highways,

turnpikes and public parking lots throughout the Nation.

3. Unless otherwise provided for by law, the general provisions of this title regulating traffic on public

highways shall applyon turnpikes.

§ 11–102. Required obedience to traffic laws

It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a

misdemeanor for any person to do any act forbidden or fail to perform any act required in this

chapter.

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§ 11–103. Obedience to police officers

No person shall willfully fail or refuse to comply with any lawful order or direction of any police

officer invested by law with authority to direct, control or regulate traffic.

§ 11–104. Persons riding animals or driving animal-drawn vehicles

Every person riding an animal or driving any animal-driven vehicle upon a roadway shall be granted

all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this

chapter, except those provisions of this chapter which by their very nature can have no application.

§ 11–105. Persons working on highways—Exceptions

Unless specifically made applicable, the provisions of this chapter except those contained in Article IX

hereof shall not apply to persons, teams, motor vehicles and other equipment, while actually engaged

in work upon the surface of a highway, or to persons, motor vehicles and other equipment while actually

engaged in construction, maintenance or repair of public utilities provided that all highway and public

utility operations shall be protected by adequate warning signs, signals, devices or flagmen, but the

provisions of this chapter shall apply to such persons and vehicles when traveling to or from such

work.

§ 11–106. Authorized emergency vehicles

A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in

the pursuit of an actual or suspected violator of the law or when responding to but not upon returning

from a fire alarm, may exercise the privilege set forth in this section, but subject to the conditions

herein stated.

B. The driver of an authorized emergency vehicle may:

1. Park, or stand, irrespective of the provisions of this chapter;

2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for

safe operation;

3. Exceed the maximum speed limits so long as speeding does not endanger life or property;

4. Disregard regulations governing direction of movement; and

5. Disregard regulations governing turning in specified directions.

C. The exemptions herein granted to the driver of an authorized emergency vehicle shall apply only when

the driver is properly and lawfully making use of an audible signal or of flashing red or blue lights or

a combination of flashing red and blue lights meeting the requirements of 47 CNCA § 12– 218, except

that an authorized emergency vehicle operated as a police vehicle need not be equipped with or

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display a red or blue light visible from in front of the vehicle. This subsection shall not be construed

as requiring a peace officer operating a police vehicle properly and lawfully in response to a crime in

progress to use audible signals.

D. The exemptions in paragraphs 3 and 5 of subsection B of this section shall be granted to a law

enforcement officer operating an authorized emergency vehicle for law enforcement purposes

without using audible and visual signals required by this section as long as the action does not

endanger life or property if the officer is following a suspected violator of the law with probable

cause to believe that:

1. Knowledge of the presence of the officer will cause the suspect to:

a. destroy or lose evidence of a suspected felony,

b. end a suspected continuing felony before the officer has obtained sufficient evidence to

establish grounds for arrest, or

c. evade apprehension or identification of the suspect or the vehicle of the suspect; or

2. Because of traffic conditions, vehicles moving in response to the audible or visual signals may

increase the potential for a collision.

The exceptions granted in this subsection shall not apply to an officer who is in actual pursuit of a

person who is eluding or attempting to elude the officer in violation of Section 540A of Title 21 of

the Cherokee Nation Code Annotated.

E. The provisions of this section shall not relieve the driver of an authorized emergency vehicle from

the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the

driver from the consequences of reckless disregard for the safety of others.

§ 11–107. Military convoys exempt from municipal traffic regulation—Right-of-way—

Exceptions

The military forces of the United States and organizations of the National Guard, performing any

military duty, shall not be restricted by municipal traffic regulations, and shall have the right-of-way

on any street or highway through which they may pass against all, except carriers of the United States

mail, fire engines, ambulances and police vehicles in the necessary discharge of their respective duties.

Said mounted military moving in convoy shall have lights burning, with lead and trail vehicles

prominently marked, and shall travel, while inside the corporate limits of a city or town, in compliance

with such speeds as are legally posted within the corporate limits of the city or town and shall maintain

a closed interval of not more than seventy-five (75) feet.

ARTICLE II. TRAFFIC SIGNS, SIGNALS AND MARKINGS

§ 11–201. Obedience to and required traffic-control devices

A. The driver of any vehicle shall obey the instructions of any official traffic-control device applicable

thereto placed in accordance with the provisions of this act, unless otherwise directed by a traffic or

police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in

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this act.

B. No provision of this act for which signs are required shall be enforced against an alleged violator if

at the time and place of the alleged violation an official sign is not in proper position and sufficiently

legible to be seen by an ordinarily observant person. Whenever a particular section does not state

that signs are required, such section shall be effective even though no signs are erected or in place.

§ 11–202. Traffic-control signal legend

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored

lighted arrows successively one at a time, or in combination, only the colors green, red and yellow

shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate

and apply to drivers of vehicles and pedestrians as follows:

1. Green indication:

a. Vehicular traffic facing a circular green signal, except when prohibited under 47 CNCA § 11– 1302,

may proceed straight through or turn right or left unless a sign at such place prohibits either such

turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to

other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the

time such signal is exhibited.

b. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication,

may cautiously enter the intersection only to make the movement indicated by such arrow, or such

other movement as is permitted by other indications shown at the same time. Such vehicular traffic

shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic

lawfully using the intersection.

c. Unless otherwise directed by a pedestrian-control signal, as provided in 47 CNCA § 11–203,

pedestrians facing any green signal except when the sole green signal is a turn arrow, may proceed

across the roadway within any marked or unmarked crosswalk.

2. Steady yellow indication:

a. Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that

the related green movement is being terminated or that a red indication will be exhibited immediately

thereafter.

b. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a

pedestrian-control signal as provided in 47 CNCA § 11–203, are thereby advised that there is

insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then

start to cross the roadway.

3. Steady red indication:

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a. Vehicular traffic facing a steady circular red signal alone shall stop at a clearly-marked stop line, but

if none, before entering the crosswalk on the near side of the intersection or, if none, then before

entering the intersection and shall remain standing until an indication to proceed is shown except as

provided in subparagraphs b and d of this paragraph.

b. Except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may

cautiously enter the intersection to turn right or to turn left from a one-way street into a one-way

street after stopping as required by subparagraph a of this paragraph. Such vehicular traffic shall yield

the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully

using the intersection.

c. In order to prohibit right turns or left turns as prescribed in subparagraph b of this paragraph on the

red signal after the required stop, a municipality must erect clear, concise signs informing drivers

that such turns are prohibited. The Highway Department shall specify the design of the sign to be

used for this purpose, and it shall be used uniformly throughout the state.

d. Notwithstanding any other provision of law, the driver of a motorcycle or bicycle facing any steady

red signal may cautiously proceed through the intersection only if:

1. the motorcycle or bicycle has been brought to a complete stop as required by subparagraph a

of this paragraph,

2. the traffic control signal is programmed or engineered to change to a green signal only after

detecting the approachof a motor vehicle and has failed to detect the arrival of the motorcycle

or bicycle because of its size or weight, and

3. no motor vehicle or person is approaching on the roadway to be crossed or entered, or the

motor vehicle or personis at a distance from the intersection that does not constitute an

immediate hazard.

The driver of any vehicle approaching the intersection, which lawfully may enter the intersection,

shall have the rightof-way over any motorcycle or bicycle operator proceeding through a red light

and, in no event where an accident results from the driver of the motorcycle or bicycle proceeding

into the intersection on a red light, shall such driver of the vehicle be charged with any violation

pursuant to Sections 11-401 and 11-403 of this title relating to failure to yield right-of-way, Section

11-310 of this title relating to following too closely, or Section 11-801 of this title relating to

driving too fast for conditions, and

e. Unless otherwise directed by a pedestrian-control signal as provided in 47 CNCA § 11–203,

pedestrians facing a steady circular red signal alone shall not enter the roadway.

In the event an official traffic-control signal is erected and maintained at a place other than an

intersection, the provisions of this section shall be applicable except as to those provisions which by

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their nature can have no application. Any stop required shall be made at a sign or marking on the

pavement indicating where the stop shall be made, but in the absence of any such sign or marking the

stop shall be made at the signal.

§ 11–203. Pedestrian-control signals

Whenever special pedestrian-control signals exhibiting the words "Walk" or "Wait" or "Don't Walk"

are in place, such signals shall indicate as follows:

1. Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal

and shall be given the right-of-way in the direction of the signal by the drivers of all vehicles.

2. Wait or Don't Walk. No pedestrian shall start to cross the roadway in the direction of such

signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to

a sidewalk or safety island while the wait signal is showing.

§ 11–204. Flashing signals

A. Whenever an illuminated red or yellow signal is used in a traffic sign or signal it shall require

obedience by vehicular traffic as follows:

1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of

vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when

marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to

the requirements of laws applicable after making a stop at a stop sign.

2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes,

drivers of vehicles may proceed through the intersection or past such signal only with caution.

B. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching

railroad grade crossings shall be governed by the rules as set forth in 47 CNCA § 11– 701.

§ 11–204.1. Lane use control signals

When lane use control signals are placed over individual lanes, said signals shall indicate and apply to

drivers of vehicles as follows:

1. Green indication—Vehicular traffic may travel in any lane over which a green signal is shown;

2. Steady yellow indication—Vehicular traffic is thereby warned that a lane control change is being

made;

3. Steady red indication—Vehicular traffic shall not enter or travel in any lane over which a red signal

is shown; and

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4. Flashing yellow indication—Vehicular traffic may use the lane only for the purpose of approaching

and making a left turn.

§ 11–205. Pedestrian-actuated school crossing signals

Whenever a pedestrian-actuated school crossing signal is provided, it shall require obedience by

vehicular traffic and pedestrians in accordance with 47 CNCA §§ 11–202 and 11–203.

§ 11–206. Display of unauthorized signs, signals or markings

A. No person shall place, maintain or display upon or in view of any highway any unauthorized

sign, signal, marking or device which purports to be or is an imitation of or resembles an official trafficcontrol device or railroad sign or signal, or which attempts to direct the movement of traffic, or which

projects any flashing or revolving beams of light, or which hides from view or interferes with the

effectiveness of any official traffic-control device or any railroad sign or signal, and no person shall

place or maintain nor shall any public authority permit upon any street or highway any traffic sign or

signal bearing thereon any commercial advertising; provided, however, that the governing board of any

city or town may permit, under such conditions as the said board may deem proper, commercial or

other advertising upon any traffic sign located on streets or highways within said city or town and not

designated as either state or federal highways or extensions thereof.

B. This section shall not be deemed to prohibit the erection upon private property adjacent to highways

of signs giving useful directional information and of a type that cannot be mistaken for official signs.

C. Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the

authority having jurisdiction over the highway is hereby empowered to remove the same or cause it

to be removed without notice.

§ 11–207. Interference with official traffic-control devices or railroad signs or signals

A. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock

down or remove any official traffic-control device, including any nine-one-one (911) emergency

telephone service route markers, or any railroad sign or signal or any inscription, shield or

insignia thereon, or any other part thereof.

B. If a violation of subsection A of this section results in personal injury to or death of any person,

the person committingthe violation shall, upon conviction, be guilty of a felony punishable by

imprisonment in the custody of the Department of Corrections for not more than two (2) years,

or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and

imprisonment.

§ 11-208. Traffic signal preemption device--Possession, use, interference with, or sale

A. As used in this section, the term “traffic signal preemption device” shall mean a device

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designed for use by authorizedemergency vehicles to improve traffic movement by

temporarily controlling signalized intersections.

B. It shall be unlawful for a person to possess, use, or interfere with a traffic signal preemption

device unless:

1. The person is the operator of an authorized emergency vehicle upon which the device

is installed; and

2. The person is responding to an existing or potential emergency and there is a threat of

immediate danger to life or propertywhich reasonably requires the use of the device in

order to protect the life, safety, health, or property of another person.

C. It shall be unlawful to advertise, offer for sale, sell, or otherwise distribute any traffic signal

preemption device to any individual person in this state. Advertising, offering for sale, selling,

and distribution of these devices shall be limited to trade publications and companies whose

target market is law enforcement agencies, fire departments, and ambulance service providers

of this state or its political subdivisions.

ARTICLE III. DRIVING ON RIGHT SIDE OF ROADWAY—OVERTAKING AND

PASSING, ETC.

§ 11–301. Driving on right side of roadway—Exceptions

A. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway,

except as follows:

1. When overtaking and passing another vehicle proceeding in the same direction under the rules

governing such movement;

2. When an obstruction exists making it necessary to drive to the left of the center of the highway;

provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper

direction upon the unobstructed portion of the highway within such distance as to constitute an

immediate hazard;

3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon;

4. Upon a roadway restricted to one-way traffic; or

5. Upon a roadway having four or more lanes for moving traffic and providing for two-way movement

of traffic.

B. Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and

place and under the conditions then existing shall be driven in the right-hand lane when available

for traffic, or as close as practicable to the right-hand curb or edge of the roadway and may be

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temporarily driven upon the right-hand shoulder for the purpose of permitting other vehicles to pass.

This subsection shall not apply when overtaking and passing another vehicle proceeding in the same

direction or when preparing for a left turn at an intersection or into a private road or driveway.

C. Upon any roadway having four (4) or more lanes for moving traffic and providing for two-way

movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except

when authorized by official traffic-control devices designating certain lanes to the left side of the

center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as

permitted under paragraph 2 of subsection (A) of this section. However, this subsection shall not be

construed as prohibiting the crossing of the center line in making a left turn into or from an alley,

private road or driveway.

§ 11–302. Passing vehicles proceeding in opposite directions

Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon

roadways having width for not more than one (1) line of traffic in each direction each driver shall give

to the other at least one-half (1/2) of the main-traveled portion of the roadway as nearly as possible.

§ 11–303. Overtaking a vehicle on the left—Signal

The following rules shall govern the overtaking and passing of vehicles proceeding in the same

direction, subject to those limitations, exceptions and special rules hereinafter stated:

1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the

left thereof at a safe distance and shall not again drive to the right side of the roadway until safely

clear of the overtaken vehicle.

2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall

give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the

speed of his vehicle until completely passed by the overtaking vehicle.

3. Every driver who intends to pass another vehicle proceeding in the same direction, which requires

moving his vehicle from one lane of traffic to another, shall first see that such movement can be

made with safety and shall proceed to pass only after giving a proper signal by hand or mechanical

device.

§ 11–304. When overtaking on the right is permitted

A. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the

following conditions:

1. When the vehicle overtaken is making or about to make a left turn;

2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient

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width for two or more lines of moving vehicles in each direction;

3. Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of

movement, where the roadway is free from obstructions and of sufficient width for two or more

lines of moving vehicles.

B. The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions

permitting such movement in safety. In no event shall such movement be made by driving off the

pavement or main-traveled portion of the roadway.

§ 11–305. Limitations on overtaking on the left

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another

vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming

traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made

without interfering with the safe operation of any vehicle approaching from the opposite direction or

any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the

roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite

direction.

§ 11–306. Further limitations on driving to left of center of roadway

A. No vehicle shall be driven on the left side of the roadway under the following conditions:

1. When approaching or upon the crest of a grade or a curve in the highway where the driver's view is

obstructed within such distance as to create a hazard in the event another vehicle might approach

from the opposite direction;

2. When approaching within one hundred (100) feet of or traversing any intersection or railroad grade

crossing unless otherwise indicated by official traffic-control devices;

3. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct

or tunnel.

B. The foregoing limitations shall not apply upon a one-way roadway; nor under the conditions

described in 47 CNCA § 11–301(A)(2), nor to the driver of a vehicle turning left into or from an

alley, private road or driveway.

§ 11–307. No-passing zones

A. Cherokee Nation by designated authority is hereby authorized to determine those portions of any

highway where overtaking and passing or driving to the left of the roadway would be especially

hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end

of such zones and when such signs or markings are in place and clearly visible to an ordinarily

observant person every driver of a vehicle shall obey the directions thereof.

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B. Where signs or markings are in place to define a no-passing zone as set forth in subsection (A) of

this section no driver shall at any time drive to the left side of the roadway within such no-passing

zone or on the left side of any pavement striping designed to mark such no-passing zone throughout

its length.

§ 11–308. One-way roadways and rotary traffic island

A. Cherokee Nation may designate any street or highway or any separate roadway under their respective

jurisdictions for one-way traffic and shall erect appropriate signs giving notice thereof.

B. Upon a roadway designated and sign posted for one-way traffic a vehicle shall be driven only in the

direction designated.

C. A vehicle passing around a rotary traffic island shall be driven only to the right of such islands.

§ 11–309. Driving on roadways laned for traffic

Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the

following rules in addition to all others consistent herewith shall apply.

1. A vehicle shall be driven as nearly as practicable entirely within a single lane.

2. A vehicle shall not be moved from the lane until the driver has first ascertained that the movement

can be made with safety and then given a signal, not less than the last one hundred (100) feet traveled

by the vehicle, of his intention to change lanes.

3. Upon a roadway which is divided into three (3) lanes, a vehicle shall not be driven in the center

lane except when overtaking and passing another vehicle where the roadway is clearly visible and

such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where

such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is

proceeding and is sign posted to give notice of such allocation.

4. A two-way left-turn lane is a lane near the center of the highway set aside for use by vehicles

making left turns in both directions from or into the roadway. Two-way left-turn lanes shall be

designated by distinctive roadway markings consisting of parallel double yellow lines, interior line

dashed and exterior line solid, on each side of the lane. A vehicle shall not be driven in a designated

two-way left-turn lane except when preparing for or making a left turn from or into a roadway.

Vehicles turning left from the roadway shall not be driven in the two-way left-turn lane for more

than two hundred (200) feet while preparing for and making the turn. A vehicle turning left onto

the roadway may utilize the two-way left-turn lane as a staging area by stopping and waiting for

traffic proceeding in the same direction to clear before merging into the adjacent lanes of travel. A

left turn shall not be made from any other lane where a two-way left-turn lane has been designated.

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Provided, however, this section shall not prohibit driving across a two-way left-turn lane when

moving from a service drive onto such marked roadway.

5. A vehicle shall not be driven in the left lane of a roadway except when overtaking and passing

another vehicle; provided, however, this paragraph shall not prohibit driving in the left lane when

traffic conditions, flow or road configuration, such as the potential of merging traffic, require the

use of the left lane to maintain safe traffic conditions; provided further, this paragraph shall not

prohibit driving in the left lane of a roadway within the city limits of a municipality as long as such

roadway is not part of the National System of Interstate and Defense Highways.

6. Official signs may be erected directing slow-moving traffic to use a designated lane or designating

those lanes to be used by traffic moving in a particular direction regardless of the center of the

roadway and drivers of vehicles shall obey the directions of every such sign.

Any person convicted of violating any provision of this section shall be punished as provided for in

Section 17-101 of this title.

§ 11–310. Following too closely

A. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and

prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of

the highway.

B. The driver of any truck or motor vehicle drawing another vehicle when traveling upon a roadway

outside of a business or residential district and which is following another truck or motor vehicle

drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an

overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent

a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle

or another vehicle.

C. No vehicle which has more than six (6) tires in contact with the road shall approach from the rear of

another vehicle which has more than six (6) tires in contact with the road closer than three hundred

(300) feet except when passing such said vehicle.

D. Motor vehicles being driven upon any roadway outside of a business or residential district in a

caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow

sufficient space between each such vehicle or combination of vehicles so as to enable any other

vehicle to enter and occupy such space without danger. The distance between such vehicles shall be

a minimum of two hundred (200) feet under all conditions. This provision shall not apply to funeral

processions.

E. Subsections (a), (b), (c) and (d) of this section shall not apply to a non-lead vehicle in a platoon,

as defined in this section, or the operator thereof, as long as the platoon consists of not more than

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two motor vehicles.

F. As used in this section, “platoon” means a group of individual motor vehicles traveling in a unified

manner at electronically coordinated speeds at following distances that are closer than would be

reasonable and prudent without such coordination.

§ 11–311. Driving on divided highways

Whenever any highway has been divided into two (2) or more roadways by leaving an intervening

space or by a physical barrier or clearly-indicated dividing section so constructed as to impede vehicular

traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to

use another roadway by official traffic control devices or peace officers. No vehicle shall be driven

over, across or within any such dividing space, barrier or section, except through a permanent opening

in the dividing space, barrier or section or at a permanent cross-over or intersection as established

unless specifically prohibited by public authority. No vehicle shall be driven over, across or within

any temporary opening in a dividing space, barrier or section or at a temporary cross-over or

intersection unless specifically authorized by a public authority or at the direction of a peace officer.

§ 11–312. Restricted access

No person shall drive a vehicle onto or from any controlled-access roadway except at such entrances

and exits as are established by public authority.

§ 11–313. Restrictions on use of controlled-access roadway

Cherokee Nation, the Department of Transportation, the Oklahoma Transportation Authority, or local

authorities may, with respect to any controlled-access roadway under their respective jurisdictions,

prohibit the use of any such roadway by pedestrians, bicycles or other non-motorized traffic or by any

person operating a motor-driven cycle. The Cherokee Nation, the Department of Transportation, the

Oklahoma Transportation Authority, or local authorities adopting any such prohibitory regulations shall

erect and maintain official signs on the controlled-access roadway on which such regulations are

applicable and when so erected no person shall disobey the restrictions stated on such signs.

§ 11-314. Approaching stationary authorized vehicles on the roadway

A. The driver of a motor vehicle, upon approaching a stationary authorized emergency vehicle,

a Department of Transportation maintenance vehicle, a Turnpike Authority maintenance

vehicle, a stationary vehicle that is displaying flashing lights or a licensed wrecker that is

displaying a flashing amber light, a combination red or blue light or any combination of

amber, red or blue lights, shall:

1. If traveling on a highway that consists of two or more lanes that carry traffic in the

same direction of travel as that of the driver,the driver shall proceed with due caution

and shall, if possible and with due regard to the road, weather, and traffic conditions,

change lanes into a lane that is not adjacent to the stationary authorized emergency

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vehicle, a Department of Transportation maintenance vehicle, a Turnpike Authority

maintenance vehicle, or licensed wrecker; or if the driver is not able to change lanes

or if to do so would be unsafe, the driver shall proceed with due caution and reduce

the speed of the motor vehicle to a safe speed for the existing road, weather, and traffic

conditions; and

2. If traveling on a highway other than a highway described in paragraph 1 of this

subsection, the driver shall proceed with duecaution and reduce the speed of the motor

vehicle to a safe speed for the existing road, weather, and traffic conditions.

B. This section does not relieve the operator of a stationary authorized emergency vehicle, a

Department of Transportation maintenance vehicle, a Turnpike Authority maintenance

vehicle, or licensed wrecker from the consequences of reckless disregard for the safety of all

persons and property upon the highway.

§ 11-315. Driving between vehicles in funeral procession prohibited

A. No driver of a motor vehicle shall drive between the vehicles comprising a funeral or other

authorized procession while the vehicles are in motion and when such vehicles are

conspicuously designated. This provision shall not apply at intersections where traffic is

controlled by traffic control signals or police officers.

B. Any person convicted of violating the provisions of this section shall be punished as provided

for in Section 17-101 of Title 47 of the Oklahoma Statutes.

§ 11-315.1. Overtaking a vehicle being used in the collection of refuse, solid waste or

recyclables

The driver of a motor vehicle, upon approaching a vehicle being used in the collection of refuse,

solid waste or recyclables displaying side marker lamps which flash in conjunction with turn signal

lamps or vehicle hazard warning lamps pursuant to the provisions of Section 12-227 of Title 47 of

the Oklahoma Statutes, shall:

1. If traveling on a highway that consists of two or more lanes that carry traffic in the same

direction of travel as that of thedriver, proceed with due caution and shall, if possible and with

due regard to the road, weather and traffic conditions, change lanes into a lane that is not

adjacent to the vehicle being used in the collection of refuse, solid waste or recyclables; or if

the driver is not able to change lanes or if to do so would be unsafe, the driver shall proceed

with due caution and reduce the speed of the motor vehicle to a safe speed for the existing

road, weather and traffic conditions; and

2. If traveling on a highway other than a highway described in paragraph 1 of this subsection,

proceed with due caution andreduce the speed of the motor vehicle to a safe speed for the

existing road, weather and traffic conditions.

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ARTICLE IV. RIGHT–OF–WAY

§ 11–401. Vehicle approaching or entering intersection

A. Whether a stop sign or yield sign present, visible or not, the driver of a vehicle shall yield the rightof-way and shall not proceed until it is safe to do so, when the driver is:

1. On a county road upon approaching an intersection with a tribal, state, or federal

highway;

2. On a private drive or any road not maintained by the county or state upon approaching an

intersection with a tribal, state, or federal highway or a county road;

3. On an unpaved county road upon approaching an intersection with a paved county road; or

4. On a county road, which ends at, merges with, or does not otherwise continue directly across

an intersecting through county road, upon approaching the intersection with the through

county road.

For purposes of this subsection, “paved road” means a road improved with a surface of concrete,

asphalt, or what is commonly referred to as oil and chip, and “unpaved road” means all other roads.

B. When two (2) vehicles enter or approach an intersection from different highways at approximately

the same time, except in subsection (A) of this section, the driver of the vehicle on the left shall yield

the right-of-way to the vehicle on the right.

C. The right-of-way rules declared in subsections (A) and (B) of this section are modified at through

highways and otherwise as hereinafter stated in this chapter.

§ 11–402. Vehicle turning left at intersection

The driver of a vehicle intending to turn to the left shall yield the right-of-way to any vehicle

approaching from the opposite direction which is so close thereto when initiating such turn as to

constitute an immediate hazard

§ 11–403. Vehicle entering stop or yield intersection

A. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized

in 47 O.S. § 15–108.

B. Except when directed to proceed by a police officer or traffic-control signal, every driver of a

vehicle approaching a stop intersection indicated by a stop sign shall stop as required by 47 CNCA

§ 11–703(D) and after having stopped shall yield the right-of-way to any vehicle which has entered

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the intersection from another highway or which is approaching so closely on said highway as to

constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all

other vehicles approaching the intersection shall yield the right-of-way to the vehicle so proceeding.

C. The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a

speed reasonable for the existing conditions, or shall stop if necessary as provided in 47 CNCA §

11–703(E), and shall yield the right-of-way to any pedestrian legally crossing the roadway on which

the driver is driving, and to any vehicle in the intersection or approaching on another highway so

closely as to constitute an immediate hazard. Said driver having so yielded may proceed and the

drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding,

provided, however, that if such driver is involved in a collision with a pedestrian in a crosswalk or

vehicle in the intersection after driving past a yield sign without stopping, such collision shall be

deemed prima facie evidence of the driver’s failure to yield right-of-way.

D. Where two or more vehicles face stop, slow, warning or caution signs or signals on two or more

intersecting cross streets, and are approaching so as to enter the intersection at the same time, where

each vehicle is required to stop, the vehicle coming from the right shall have the right-of-way. Where

each vehicle is required to slow the vehicle coming from the right shall have the right-of-way. Where

each vehicle is required to take caution, the vehicle coming from the right shall have the right-ofway. Where one vehicle is required to stop and the other to slow or take caution, the one slowing or

taking caution shall have the right-of-way. Where one vehicle is required to slow and the other to

take caution, the one required to take caution shall have the right-of-way. In any event, a vehicle

which has already entered the intersection shall have the right-of-way over one which has not so

entered the intersection.

§ 11-403.1. Failure to yield causing fatality or serious bodily injury--Assessment of fee

Any person convicted of failure to yield a right-of-way and who causes a fatality or serious bodily

injury as a result of such violation may, in addition to any other fine or penalty, be assessed a fee in

an amount not exceeding One Thousand Dollars ($1,000.00).

§ 11–404. Vehicle entering highway from private road or driveway

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield

the right-of-way to all vehicles approaching on said highway.

§ 11–405. Operation of vehicles on approach of authorized emergency vehicles

A. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual

signals meeting the requirements of 47 O.S. § 12–218, or of a police vehicle properly and lawfully

making use of an audible signal only, the driver of every other vehicle shall yield the right-of-way

and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge

or curb of the roadway clear of any intersection and shall stop and remain in such position until the

authorized emergency vehicle has passed, except when otherwise directed by a police officer.

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B. This section shall not be construed to require a peace officer operating a police vehicle

properly and lawfully in response to a crime in progress to use audible signals nor shall this

section operate to relieve the driver of an authorized emergency vehicle from the duty to drive

with due regard for the safety of all persons using the highway.

§ 11-406. Farm tractors or implements--Operation on highways--Permission from Department

required--Wide vehicles--Duty of operator--Yield of right-of-way

A. A farm tractor, as defined in Section 1-118 of this title, or any implement of husbandry, as

defined in Section 1-125 of this title, except trailers and semitrailers when operated in

accordance with statutory limits or provisions of Section 14-101 of this title, shall not be

permitted to travel upon any highway in this state which is a part of the National System of

Interstate and Defense Highways. However, the Department of Public Safety shall have the

authority to permit such travel in certain geographic areas of the state as deemed necessary.

Such tractor or implement may be operated on any other roadway in this state if the operator

has attached all the safety devices required by law and has taken reasonable steps to reduce

the width of the tractor or implement as provided for by the manufacturer. Whenever the width

of a farm tractor or implement of husbandry exceeds the width of that portion of a roadway on

which the tractor or implement is driven, which is marked as a single lane of traffic, or, if the

roadway has not been marked for lanes of traffic and the width of the tractor or implement

exceeds more than fifty percent (50%) of the width of the roadway, the operator shall move

the tractor or implement, as soon as possible, as far to the right-hand side of the roadway as is

practicable and safe upon approach of any oncoming or following vehicle and upon

approaching the crest of a hill.

B. Upon the immediate approach of a farm tractor or implement of husbandry which cannot be

moved by the operator thereof tothe far right-hand side of the roadway, as required in

subsection A of this section, due to the existence of any bridge or guardrail, sign or any other

physical impediment which would not safely allow such tractor or implement to travel on the

far right-hand side of the road, the driver of every other vehicle shall yield the right-of-way

and shall immediately pull over to the far righthand side of the road and remain in such position

until the tractor or implement has passed.

This section shall not operate to relieve any operator of a farm tractor or implement of husbandry

from the duty to drive with due regard for the safety of all persons using the roadway.

ARTICLE V. PEDESTRIANS' RIGHTS AND DUTIES

§ 11–501. Pedestrians subject to traffic regulations

A. A pedestrian shall obey the instructions of any official traffic-control device specifically applicable

to him, unless otherwise directed by a police officer.

B. Pedestrians shall be subject to traffic and pedestrian-control signals as provided in 47 CNCA §§ 11–

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202 and 11–203.

C. At all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions

stated in this chapter.

§ 11-501.1. Rights and duties of persons operating wheelchair or motorized wheelchair

Every person operating a wheelchair or a motorized wheelchair shall have all of the rights and all of

the duties applicable to a pedestrian contained in Chapter 11 of this title except those provisions

which by their nature can have no application.

§ 11–502. Pedestrians' right-of-way in crosswalks

A. When traffic-control signals are not in place or not in operation, the driver of a vehicle shall yield

the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the

roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the

vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the

roadway as to be in danger.

B. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a

vehicle which is so close that it is impossible for the driver to yield.

C. Subsection (A) shall not apply under the conditions stated in 47 CNCA § 11–503(B).

D. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an

intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching

from the rear shall not overtake and pass such stopped vehicle.

§ 11–503. Crossing at other than crosswalks

A. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an

unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

B. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian

crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

C. Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not

cross at any place except in a marked crosswalk.

§ 11–504. Drivers to exercise due care

Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due

care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the

horn when necessary and shall exercise proper precaution upon observing any child or any confused

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or incapacitated person upon a roadway.

§ 11–505. Pedestrians to use right half of crosswalks

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

§ 11–506. Pedestrians on roadways or bridges

A. Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an

adjacent roadway.

B. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when

practicable, walk only on the left side of the roadway or its shoulder facing traffic which may

approach from the opposite direction and shall yield to approaching vehicles.

C. It shall be unlawful for any person to enter upon any portion of a bridge for the purpose of diving or

jumping therefrom into a lake, river or stream for recreation, and it shall be unlawful for a pedestrian

to use a bridge where sidewalks are not provided for the purpose of standing or sightseeing.

§ 11–507. Pedestrians soliciting rides or business

No person shall stand in a roadway for the purpose of soliciting a ride, donation, employment or

business from the occupant of any vehicle.

ARTICLE VI. TURNING AND STARTING AND SIGNALS ON STOPPING AND

TURNING

§ 11–601. Required position and method of turning at intersections

The driver of a vehicle intending to turn at an intersection shall do so as follows:

1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable

to the right-hand curb or edge of the roadway.

2. Left turns. The driver of a vehicle intending to turn left at any such intersection shall approach the

intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of

travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the

intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such

direction upon the roadway being entered. Whenever practicable the left turn shall be made in that

portion of the intersection to the left of the center of the intersection.

3. Local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed

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within or adjacent to intersections and thereby require and direct that a different course from that

specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons

or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed

and required by such markers, buttons or signs.

§ 11–602. Turning on curve or crest of grade prohibited

A. Unless otherwise prohibited by law, the driver of a vehicle shall not turn the vehicle so as to

proceed in the opposite direction unless and until such movement can be made with

reasonable safety and without interfering with other traffic.

B. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon

the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver

of any other vehicle approaching from either direction within five hundred (500) feet.

§ 11–603. Starting parked vehicle

No person shall start a vehicle which is stopped, standing or parked unless and until such movement

can be made with reasonable safety.

§ 11–604. Turning movements and required signals

A. No person shall turn a vehicle at an intersection, a public or private road, or a drivewat, unless the

vehicle is in proper position upon the roadway as required in 47 CNCA § 11–601, or turn a vehicle

to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or

left upon a roadway unless and until such movement can be made with reasonable safety. No person

shall so turn any vehicle without giving an appropriate signal as provided in subsection B of this

section, in the event any other traffic may be affected by such movement.

B. A signal of intention to turn right or left as required by law shall be given continuously during not

less than the last one hundred (100) feet traveled by the vehicle before turning.

C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate

signal in the manner provided in subsection B of this section to the driver of any vehicle immediately

to the rear when there is opportunity to give such signal.

D. When any person is properly preparing for, attempting or executing a left turn, as described in

subsection A of this section,no other person operating another vehicle immediately following the

turning vehicle shall pass or attempt to pass the turning vehicle to the left. Such other person shall

come to a complete stop if necessary at a safe distance behind the person preparing for, attempting

or executing the turn or may proceed to the right of the turning vehicle as provided by Section 11304 of this title.

§ 11–605. Signals by hand and arm or signal lamps

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A. Any stop or turn signal when required herein shall be given either by means of the hand and

arm or by signal lamps, except as otherwise provided in subsection (B) of this section.

B. Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given

by, signal lamps when the distance from the center of the top of the steering post to the left outside

limit of the body, cab or load of such motor vehicle exceeds twenty-four (24) inches, or when the

distance from the center of the top of the steering post to the rear limit of the body or load thereof

exceeds fourteen (14) feet. The latter measurement shall apply to any single vehicle, also to any

combination of vehicles.

§ 11–606. Method of giving hand-and-arm signals

All signals herein required given by hand and arm shall be given from the left side of the vehicle in

the following manner and such signals shall indicate as follows:

1. Left turn. Hand and arm extended horizontally.

2. Right turn. Hand and arm extended upward.

3. Stop or decrease speed. Hand and arm extended downward.

ARTICLE VII. SPECIAL STOPS REQUIRED

§ 11–701. Obedience to signal indicating approach of train

A. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the

circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not

less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can

do so safely. The foregoing requirements shall apply when:

1. A clearly-visible electric or mechanical signal device gives warning of the immediate approach of a

railroad train;

2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the

approach or passage of a railroad train;

3. A railroad train approaching within approximately one thousand five hundred (1,500) feet of the

highway crossing emits a signal audible from such distance and such railroad train, by reason of its

speed or nearness to such crossing, is an immediate hazard;

4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad

NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified.

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crossing while such gate or barrier is closed or is being opened or closed.

§ 11–702. Commercial motor vehicles and buses—Railroad crossing

A. The driver of a bus defined in Section 1-105 of this title, whether the bus is occupied or unoccupied

by passengers, shall not cross a railroad track or tracks at grade unless the driver stops the bus within

fifty (50) feet of, and not closer than fifteen (15) feet to, the tracks, listens and looksin each direction

along the track for an approaching train, and ascertains that no train is approaching. When, it is safe

to do so, the driver my drive the bus across the tracks in a gear that permits the bus to complete

crossing without a change of gears. The driver shall not shift gears while crossing the tracks.

B. No stop need be made at any such crossing where a police officer or a traffic-control signal directs

traffic to proceed.

§ 11–703. Stop signs and yield signs

A. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized

in 47 O.S. § 15–108.

B. Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the

crosswalk on the near side of the intersection or, if there is no crosswalk, then as near as practicable

to the nearest line of the intersecting roadway, however such yield signs shall not be erected upon

the approaches of but one of the intersecting streets.

C. Every stop sign shall bear the word "Stop". Every yield sign hereafter erected or replaced shall bear

the word "Yield". Every stop sign and every yield sign shall at nighttime be rendered luminous by

internal illumination, or by a floodlight projected on the face of the sign, or by efficient reflecting

elements in or on the face of the sign.

D. Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle

approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on

the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly-marked

stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view

of approaching traffic on the intersecting roadway before entering the intersection.

E. The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before

entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a

clearly-marked stop line, but if none, then at the point nearest the intersecting roadway where the

driver has a view of approaching traffic on the intersecting roadway.

§ 11–704. Emerging from alley, driveway or building

The driver of a vehicle within a business or residence district emerging from an alley, driveway or

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building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area

extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may

be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all

vehicles approaching on said roadway.

§ 11–705. Meeting or overtaking stopped school bus—Violation and penalty—Reporting

violations—Video monitoring on buses

A. The driver of a vehicle meeting or overtaking a school bus that is stopped to take on or discharge

school children, and on which the red loading signals are in operation, is to stop his vehicle before it

reaches the school bus and not proceed until the loading signals are deactivated and then proceed

past such school bus at a speed which is reasonable and with due caution for the safety of such

school children and other occupants. Any person convicted of violating the provisions of this

subsection shall be punished by a fine of not less than One Hundred Dollars ($100.00). In addition to

the fine, a special assessment of One Hundred Dollars ($100.00) shall be assessed, of which seventyfive percent (75%) shall be deposited to the credit of the Cameras for School Bus Stops Revolving

Fund established in Section 2 of this act.1 The remaining twenty-five percent (25%) of the special

assessment shall be deposited to the credit of the reviewing law enforcement agency referred to in

subsection E of this section.

B. Visual signals, meeting the requirements of Section 12-228 of this title, shall be actuated by the

driver of said school bus whenever, but only whenever, such vehicle is stopped on the highway for

the purpose of receiving or discharging school children.

C. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing

a school bus which is on a different roadway or when upon a controlled-access highway and the

school bus is stopped in a loading zone which is a part of or adjacent to such highway and where

pedestrians are not permitted to cross the roadway.

D. If the driver of a school bus witnesses a violation of the provisions of subsection (A) of this section,

within twenty-four (24) hours of the alleged offense, the driver shall report the violation, the vehicle

color, license tag number, and the time and place such violation occurred to the law enforcement

authority of the municipality where the violation occurred. The law enforcement authority of

Cherokee Nation shall issue a letter of warning on the alleged violation to the person in whose name

the vehicle is registered. The Office of the Attorney General shall provide a form letter to each

municipal law enforcement agency in this Nation for the issuance of the warning provided in this

subsection. Such form letter shall be used by each such law enforcement agency in the exact form

provided for by the Office of the Attorney General. A warning letter issued pursuant to this subsection

shall not be recorded on the driving record of the person to whom such letter was issued. Issuance of

a warning letter pursuant to this section shall not preclude the imposition of other penalties as

provided by law.

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E. 1. A school district may install and operate a video-monitoring system in or on the school buses or

the bus stop-arms operated by the district or contract with a private vendor to do so on behalf of

the school district for the purpose of recording violations of subsection A of this section. In the

event the video-monitoring system captures a recording of a violation of subsection A of this

section, appropriate personnel at the school district shall extract data related to the violation from

the recording. The extracted data shall include a recorded image or video containing the

requirements listed in paragraph 2 of this subsection. The school district shall submit the extracted

data for review to the law enforcement agency with jurisdiction in which the violation occurred. If

the reviewing law enforcement agency determines there is sufficient evidence to identify the

vehicle and the driver, such evidence shall be submitted to the district attorney's office for

prosecution.

2. For the purposes of this subsection, “video-monitoring system” means a system with one or

more camera sensors and computers installed and operated on a school bus that produces live

digital and recorded video of motor vehicles being operated in violation of subsection A of this

section. The system shall, at a minimum, produce a recorded image of the license plate of the

vehicle, an identifiable picture of the driver's face, the activation status of at least one warning

device as prescribed in Section 12-228 of this title and the time, date and location of the vehicle

when the image was recorded.

§ 11–705.1. Church buses—Definition—Meeting and overtaking stopped bus—Signs and

signals

A. The driver of a vehicle meeting or overtaking a church bus that is stopped to take on or discharge

passengers, and on which the red loading signals are in operation, is to stop his vehicle before it

reaches the church bus and not proceed until the loading signals are deactivated and then proceed

past such bus at a speed which is reasonable and with due caution for the safety of such

occupants.

B. If the church bus is equipped with visual signals meeting the requirements of 47 O.S. § 12–218, the

signals shall be actuated by the driver of said church bus whenever, but only whenever, such vehicle

is stopped on the highway for the purpose of receiving or discharging passengers.

C. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing

a church bus which is on a different roadway or when upon a controlled-access highway and the

church bus is stopped in a loading zone which is a part of or adjacent to such highway and where

pedestrians are not permitted to cross the roadway.

ARTICLE VIII. SPEED RESTRICTIONS

§ 11–801. Basic rule and maximum limits

A. Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not

greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width

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of the highway and any other conditions then existing.No person shall drive any vehicle upon a

highway at a speed greater than will permit the driver to bring it to a stop within the assured clear

distance ahead.

B. Except when a special hazard exists that requires lower speed for compliance with subsection

(A) of this section, the limits specified by law or established as hereinafter authorized shall be

maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess

of such maximum limits:

1. On a highway or part of a highway, unless otherwise established in law, a speed established by the

Department of Transportation on the basis of engineering and traffic investigations used to determine

the speed that is reasonable and safe under the conditions found to exist on the highway or part of

the highway;

2. For a school bus, fifty-five (55) miles per hour on paved two-lane roads except on the state highway

system, the interstate highway system and the turnpike system where the maximum shall be sixtyfive (65) miles per hour;

3. On any highway outside of a municipality in a properly marked school zone, twenty-five (25)

miles per hour, provided the zone is marked with appropriate warning signs placed in accordance

with the latest edition of the Manual on Uniform Traffic Control Devices. The Department of

Transportation may determine on the basis of an engineering and traffic investigation that a speed

limit higher than twenty-five (25) miles per hour may be reasonable and safe under conditions as

they exist upon a highway, and post an alternative school zone speed limit. The Department shall

mark such school zones, or entrances and exits onto highways by buses or students, so that the

maximum speed provided by this section shall be established therein. Exits and entrances to

controlled-access highways which are within such school zones shall be marked in the same

manner as other highways. The county commissioners shall mark such school zones along the

county roads so that the maximum speed provided by this section shall be established therein.

The signs may be either permanent or temporary. The Department shall give priority over all

other signing projects to the foregoing duty to mark school zones. The Department shall also

provide other safety devices for school zones which are needed in the opinion of the Department;

4. Twenty-five (25) miles per hour or a posted alternative school zone speed limit through state

schools located on the state owned land adjoining or outside the limits of a corporate city or town

where a state educational institution is established;

5. Thirty-five (35) miles per hour on a highway in any state park or wildlife refuge. Provided,

however, that the provisions of this paragraph shall not include the State Capitol park area, and

no person shall drive any vehicle at a rate of speed in excess of fifty-five (55) miles per hour on

any state or federal designated highway within such areas; and

6. For any vehicle or combination of vehicles with solid rubber or metal tires, ten (10) miles per

hour.

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The maximum speed limits set forth in this section may be altered as authorized in Sections 11-802

and 11-803 of this title.

C. The Commission is hereby authorized to prescribe maximum and minimum speeds for all vehicles

and any combinations of vehicles using controlled-access highways. Such regulations shall become

effective after signs have been posted on these highways giving notice thereof. Such regulations may

apply to an entirely controlled-access highway or to selected sections thereof as may be designated by

the Commission. A speed limit of seventy-five (75) miles per hour may be set in locations comprising

rural segments of the interstate highway system by the Commission; provided, however, that speed is

determined to be safe and reasonable after a traffic or engineering study has been completed by the

Department. It shall be a violation of this section to drive any vehicle at a faster rate of speed than

such prescribed maximum or at a slower rate of speed than such prescribed minimum. However, all

vehicles shall at all times conform to the limits set forth in subsection A of this section.

Copies of such regulations certified as in effect on any particular date by the Secretary of the

Commission shall be accepted as evidence in any court in this state. Whenever changes have been

made in speed zones, copies of such regulations shall be filed with the Commissioner of Public Safety.

D. The Oklahoma Turnpike Authority is hereby authorized to prescribe maximum and minimum

speeds for trucks, buses and automobiles using turnpikes; provided, however, a speed limit of eighty

(80) miles per hour may be set in locations comprising the turnpike system, as may be approved by

the Authority. The regulation pertaining to automobiles shall apply to all vehicles not commonly

classified as either trucks or buses. Such regulations shall become effective only after approval by the

Commissioner of Public Safety, and after signs have been posted on the turnpike giving notice thereof.

Such regulations may apply to an entire turnpike project or to selected sections thereof as may be

designated by the Oklahoma Turnpike Authority. It shall be a violation of this section to drive a vehicle

at a faster rate of speed than such prescribed maximum speed or at a slower rate of speed than such

prescribed minimum speed. However, all vehicles shall at all times conform to the requirements of

subsection A of this section.

Copies of such regulations, certified as in effect on any particular date by the Secretary of the

Oklahoma Turnpike Authority, shall be accepted in evidence in any court in this state.

E. The driver of every vehicle shall, consistent with the requirements of subsection A of this section,

drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade

crossing, when approaching and going around a curve, when approaching a hillcrest, when driving

upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or

other traffic, or by reason of weather or highway conditions. The Oklahoma Department of

Transportation and the Oklahoma Turnpike Authority may post, by changeable message sign or other

appropriate sign, a temporary reduced speed limit for maintenance operations or when special hazards

with respect to pedestrians, other traffic, an accident, by reason of weather or when other hazardous

highway conditions exist.

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F. 1. No person shall drive a vehicle on a county road at a speed in excess of fifty-five (55) miles per

hour unless posted otherwise by the board of county commissioners, as provided in subparagraphs a

through c of this paragraph, as follows:

a. the board of county commissioners may determine, by resolution, a maximum speed limit

which shall apply to all county roads which are not otherwise posted for speed,

b. the board of county commissioners shall provide public notice of the speed limit on all

nonposted roads by publication in a newspaper of general circulation in the county. The notice

shall be published once weekly for a period of four (4) continuous weeks, and

c. the board of county commissioners shall forward the resolution to the Director of the

Department and to the Commissioner of Public Safety.

2. The Department shall post speed limit information, as determined pursuant to the provisions of

subparagraphs a through c of paragraph 1 of this subsection, on the county line marker where any

state highway enters a county and at all off-ramps where interstate highways or turnpikes enter a

county. The signs shall read as follows:

ENTERING __COUNTY

COUNTY ROAD SPEED LIMIT

_____ MPH

UNLESS POSTED OTHERWISE

The appropriate board of county commissioners shall reimburse the Department the full cost of the

signage required herein.

G. Any person convicted of a speeding violation pursuant to subsection B or F of this section shall

be punished by a fine as follows:

1 a. For an offense occurring on or after the effective date of this act and prior to November 1,

2022, one to ten miles per hour over the speed limit as provided for in Section 11-801e of this

title, and

b. For an offense occurring on or after Novemb

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