# NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Acherokee_nation%3Ae90c7c07e16c357c ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 A. When equipped as prescribed in subsection B of this section: 1. Vehicles of fire departments; 2. Ambulances or vehicles specified pursuant to subsection B of Section 1-2512 of Title 63 of the Oklahoma Statutes of licensed ambulance service providers; 3. State vehicles of law enforcement agencies; 4. 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; 5. Municipal vehicles of police departments; 6. Vehicles owned and operated by the United States Marshals Service or the Federal Bureau of Investigation; 7. Vehicles of Oklahoma National Guard units designated by the Adjutant General for support to civil authorities; or NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 8. 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. B. 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 A. An autocycle is any motor vehicle having: 1. A seat or saddle for the use of each rider; 2. Three wheels in contact with the ground, but excluding a tractor; 3. A combustion engine with a piston or rotor displacement of one hundred fifty cubic centimeters (150 cu cm) or greater; 4. 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 5. All equipment required by the provisions of Article II et seq. of Chapter 12 of this title, with respect to equipment on vehicles. B. An autocycle shall be registered as a motor vehicle. C. 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. 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx B. An electric-assisted bicycle is any bicycle with: 1. Two or three wheels; and 2. 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: a. “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, b. “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 c. “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. C. A motorized bicycle is any bicycle having: 1. Fully operative pedals for propulsion by human power; 2. A power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; and 3. 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. D. 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx § 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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; c. 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. ; NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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: NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx § 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx § 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx § 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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, NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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, NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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; NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx § 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx § 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, NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx § 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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: NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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. NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 NOTICE: This document is provided as a courtesy. Recent amendments to the Cherokee Nation Code have not been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: https://cherokee.legistar.com/Legislation.aspx 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Acherokee_nation%3Ae90c7c07e16c357c. Public record. Not legal advice.