TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

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LAW AND ORDER CODE

ARTICLE VI

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

CHAPTER 1.

GENERAL PROVISIONS ............................................................................................ 1

Section 15-6101. Definitions ............................................................................................................... 1

Section 15-6102. Operators to Comply with Uniform Motor Vehicle Safety Responsibility Act. ..... 5

CHAPTER 2.

DRIVER LICENSE AND PRIVILEGE........................................................................ 5

Section 15-6201. Valid Driver or Chauffeur License Required .......................................................... 5

Section 15-6202. Possession and Display of Driver License; Defense................................................ 5

Section 15-6203. Permitting Unauthorized Person to Drive................................................................ 5

Chapter 3. CRIMINAL VIOLATIONS; LICENSING AND REGISTRATION ................................... 6

Section 15-6301. Registration; Violation............................................................................................. 6

Section 15-6302. Driving Violations. .................................................................................................. 6

CHAPTER 4.

OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.............................................. 6

Section 15-6401. Where Provisions Effective ..................................................................................... 6

Section 15-6402. Vehicles Upon the Highways; Exceptions............................................................... 7

Section 15-6403. Obedience to Law Enforcement Officers. ............................................................... 7

Section 15-6404. Drivers Subject to Provisions of Article VI. ............................................................ 7

Section 15-6405. Authorized Emergency Vehicles. ............................................................................ 7

Section 15-6406. Persons Riding Animals or Driving Animal-Drawn Vehicles................................. 8

Section 15-6407. Provisions Uniform Throughout Reservation. ......................................................... 8

Section 15-6408. Rights of Owners of Real Property. ......................................................................... 8

CHAPTER 5.

TRAFFIC-CONTROL DEVICES, SIGNS, SIGNALS AND MARKINGS................. 8

Section 15-6501. Obedience to and Required Traffic-Control Devices. ............................................. 8

Section 15-6502. Traffic-Control Signal Legend................................................................................. 9

Section 15-6503. Pedestrian Control Signals; Loitering Prohibited. ................................................. 10

Section 15-6504. Flashing Signals..................................................................................................... 10

Section 15-6505. Display of Unauthorized Signs, Signals, Markings or Devices............................. 11

Section 15-6506. Interference with Traffic-Control Devices. ........................................................... 11

Section 15-6507. Warning Devices at Construction Sites. ................................................................ 11

CHAPTER 6.

ACCIDENTS............................................................................................................... 11

Section 15-6601. Accidents Involving Death or Personal Injuries. ................................................... 12

Section 15-6602. Accidents Involving Damage to Vehicle. .............................................................. 12

Section 15-6603. Duty to Give Information and Render Aid. ........................................................... 12

Section 15-6604. Duty Upon Striking Unattended Vehicle. .............................................................. 13

Section 15-6605. Duty Upon Striking Fixtures Upon a Highway. .................................................... 13

Section 15-6606. Immediate Report of Accidents. ............................................................................ 13

Section 15-6607. Written Report of Accidents. ................................................................................. 13

Section 15-6608. When Driver Unable to Report. ............................................................................. 13

Section 15-6609. Accident Report Forms. ......................................................................................... 14

Section 15-6610. Offense for Failure to Report................................................................................. 14

Section 15-6611. Accident Reports Confidential............................................................................... 14

CHAPTER 7.

CRIMINAL VIOLATIONS: DRIVING UNDER THE INFLUENCE; RECKLESS

DRIVING; RACING ................................................................................................................................ 14

Section 15-6701. Implied Consent to Blood, Breath, or Urine Test. ................................................. 14

Section 15-6702. Preliminary Breath Tests. ...................................................................................... 15

Section 15-6703. Admissibility of Breath Test or Other Records. .................................................... 15

Section 15-6704 Persons Under the Influence of Intoxicating Liquor or of Drugs. .......................... 16

Section 15-6705. Reckless Driving.................................................................................................... 17

Section 15-6706. Racing on Highways. ............................................................................................. 18

CHAPTER 8.

SPEED RESTRICTIONS............................................................................................ 19

Section 15-6801. Reasonable and Prudent Speed. ............................................................................. 19

Section 15-6802. Excessive Speeds; Classification. .......................................................................... 20

Section 15-6803. Minimum Speed Regulation. ................................................................................. 20

Section 15-6804. Special Speed Limitation on Motor-Driven Cycles. .............................................. 20

Section 15-6805. Towing Trailer. ...................................................................................................... 20

Section 15-6806. Violations and Rule in Civil Actions. .................................................................... 20

CHAPTER 9.

DRIVING ON RIGHT SIDE OF ROADWAY; OVERTAKING AND PASSING .......

..................................................................................................................................... 20

Section 15-6901. Driving on Right Side of Roadway; Exceptions.................................................... 20

Section 15-6902. Passing Vehicles Proceeding in Opposite Directions ............................................ 21

Section 15-6903. Passing Vehicles Proceeding in the Same Direction. ............................................ 21

Section 15-6904. Overtaking a Vehicle on the Right. ....................................................................... 21

Section 15-6905. Limitation on Overtaking on the Left. ................................................................... 22

Section 15-6906. Further Limitations on Passing to the Left of Center of Roadway. ....................... 22

Section 15-6907. No Passing Zones .................................................................................................. 22

Section 15-6908. One-Way Roadways and Traffic Islands. .............................................................. 22

Section 15-6909. Driving on Roadways Laned for Traffic................................................................ 22

Section 15-6910. Following Too Closely. ......................................................................................... 23

Section 15-6911. Driving on Divided Highways. .............................................................................. 23

Section 15-6912. Restricted Access. .................................................................................................. 23

Section 15-6913. Restrictions on Use of Controlled-Access Highway. ............................................ 23

CHAPTER 10. TURNING, STARTING AND SIGNALS ON STOPPING AND TURNING. .......... 23

Section 15-61001. Required Position and Method of Turning. ......................................................... 23

Section 15-61002. Limitations on Turning Around. .......................................................................... 24

Section 15-61003. Moving Stopped Vehicle. .................................................................................... 24

Section 15-61004. Turning Movements and Required Signals. ........................................................ 24

Section 15-61005. Signals by Hand and Arm or Signal Device. ....................................................... 24

Section 15-61006. Method of Giving Turn or Stop Signals. ............................................................. 24

Section 15-61007. Vehicle Approaching or Entering Intersection; Right-of-Way Exception; Entering

Highway.

............................................................................................................................. 25

Section 15-61008. Vehicle Turning Left at Intersection.................................................................... 25

Section 15-61009. Vehicle Entering Highway From Private Road or Driveway. ............................. 25

Section 15-61010. Operation of Vehicles on Approach of Authorized Emergency Vehicles. .......... 25

CHAPTER 11. PEDESTRIANS RIGHTS AND DUTIES. ................................................................. 26

Section 15-61101. Pedestrians Subject to Traffic Regulations. ......................................................... 26

Section 15-61102. Pedestrians Right-of-Way in Crosswalks. ........................................................... 26

Section 15-61103. Crossing at Other Than Crosswalks..................................................................... 26

Section 15-61104. Drivers to Exercise Due Care .............................................................................. 27

Section 15-61105. Pedestrians on Highways. .................................................................................... 27

Section 15-61106. School Crossings and Zones. ............................................................................... 27

Section 15-61107. Provisions for Blind Pedestrians.......................................................................... 27

CHAPTER 12. OPERATION OF BICYCLES AND PLAY VEHICLES. .......................................... 28

Section 15-61201. Application of Provisions. ................................................................................... 28

Section 15-61202. Traffic Laws Apply to Persons Riding Bicycles.................................................. 28

Section 15-61203. Operation Restrictions. ........................................................................................ 28

Section 15-61204. Clinging to Vehicles. ........................................................................................... 28

Section 15-61205. Riding in Highways and Bicycle Paths................................................................ 28

Section 15-61206. Lamps and other Equipment on Bicycles. ........................................................... 28

Section 15-61207. Civil Penalty; Bicycle Safety Course................................................................... 29

CHAPTER 13. OFF-HIGHWAY VEHICLES..................................................................................... 29

Section 15-61301. Definitions ........................................................................................................... 29

Section 15-61302. Applicability; Private Lands. ............................................................................... 30

Section 15-61303. Operation Restrictions, Violation, Classification. ............................................... 30

CHAPTER 14. SPECIAL STOPS REQUIRED ................................................................................... 30

Section 15-61401. Obedience to Signal Indicating Approach of Train ............................................. 30

Section 15-61402. All Vehicles Must Stop at Certain Railroad Grade Crossings. ............................ 30

Section 15-61403. Certain Vehicles Must Stop at All Railroad Grade Crossings. ............................ 31

Section 15-61404. Moving Heavy Equipment at Railroad Grade Crossings..................................... 31

Section 15-61405. Stop Signs and Yield Signs.................................................................................. 31

Section 15-61406. Stop Before Emerging From Alley or Driveway Onto Sidewalk. ....................... 32

Section 15-61407. Overtaking and Passing School Bus. ................................................................... 32

Section 15-61408. Overtaking and Passing School Bus; Report by School Bus Driver................... 33

Section 15-61409. Duty When Approaching Horses and Livestock. ................................................ 33

CHAPTER 15. STOPPING, STANDING OR PARKING................................................................... 33

Section 15-61501. Stopping, Standing, or Parking Prohibited in Specified Places. ....................... 33

Section 15-61502. Stopping, Standing or Parking Outside of a Business or Residential District ........

............................................................................................................................. 34

Section 15-61503. Officers Authorized to Remove Improperly Stopped Vehicles. .......................... 35

iii

Section 15-61504. Additional Parking Regulations........................................................................... 36

CHAPTER 16. PARKING FOR PHYSICALLY DISABLED PERSONS.......................................... 36

Section 15-61601 Parking Restrictions; Applicability...................................................................... 36

Section 15-61602. Parking Spaces for Physically Disabled Persons. ................................................ 36

Section 15-61603. Parking Spaces for Physically Disabled Persons; Prohibition. ............................ 37

Section 15-61604. Civil Fines............................................................................................................ 37

CHAPTER 17. RESTRAINT SYSTEMS ............................................................................................ 37

Section 15-61701. Child Passenger Restraint System; Violation; Classification; Exemptions;

Definition.

............................................................................................................................. 37

Section 15-61702. Vehicle Restraints Required; Exceptions; Civil Fine. ........................................ 38

CHAPTER 18. MISCELLANEOUS RULES ...................................................................................... 39

Section 15-61801. Limitations on Backing........................................................................................ 39

Section 15-61802. Riding on Motorcycles. ....................................................................................... 39

Section 15-61803. Obstruction of Driver's View or Driving Mechanism. ........................................ 39

Section 15-61804. Crossing Fire Hose. ............................................................................................. 39

Section 15-61805. Maximum Number in School Bus; Exceptions, Receiving or Discharging School

Children at School. 40

Section 15-61806. Driving on Sidewalk. ........................................................................................... 40

CHAPTER 19. EQUIPMENT .............................................................................................................. 40

Section 15-61901. Scope and Effect of Regulations.......................................................................... 40

Section 15-61902. When Lighted Lamps are Required. .................................................................... 40

Section 15-61903. Equipment Required. ........................................................................................... 40

Section 15-61904. Equipment Required on School Buses................................................................. 41

CHAPTER 20. INSPECTION OF VEHICLES; SIZE, WEIGHT AND LOAD RESTRICTIONS.........

..................................................................................................................................... 41

Section 15-62001. Definition. ............................................................................................................ 41

Section 15-62002. Inspection by Designated Officers....................................................................... 41

Section 15-62003. Size, Weight and Load Restrictions; Scope and Effect of Requirements;

Limitations.

............................................................................................................................. 42

Section 15-62004. Designated Officers May Weigh Vehicles and Require Removal of Excess

Loads.

............................................................................................................................. 42

Section 15-62005. Permits for Excess Size and Weight. ................................................................... 42

Section 15-62006. Liability for Damage to Highways or Structure. ................................................. 43

CHAPTER 21. ENFORCEMENT ........................................................................................................ 43

Section 15-62101. Civil Traffic Violations........................................................................................ 43

Section 15-62102. Penalties Applicable to Civil Traffic Violations.................................................. 44

Section 15-62103. Commencement of Action. .................................................................................. 44

Section 15-62104. Service of Traffic Complaint. .............................................................................. 44

Section 15-62105. Subsequent Disposition. ...................................................................................... 45

Section 15-62106. Service of Parking or Standing Complaint. ......................................................... 45

Section 15-62107. Authority to Detain Persons................................................................................. 45

Section 15-62108. Traffic Complaint; Proceedings........................................................................... 45

Section 15-62109. Witnesses. ............................................................................................................ 46

Section 15-62110. Appeal.................................................................................................................. 46

Section 15-62111. Failure to pay Civil Fine. ..................................................................................... 46

CHAPTER 22. PROCEDURE UPON ARREST; REPORTS IN TRAFFIC CASES. ......................... 46

Section 15-62201. When Person Arrested Must Be Taken Immediately Before Court..................... 46

Section 15-62202. When Person Arrested to be Given Five (5) Days Notice to Appear in Court. ......

............................................................................................................................. 47

Section 15-62203. Violation of Promise to Appear. .......................................................................... 47

LAW AND ORDER CODE

ARTICLE VI

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

[NOTE: Except as otherwise noted, the provisions of Article VI of the Law and Order Code

were enacted on December 16, 2002 by Ordinance No. 04-02, which became effective on

January 27, 2003.]

CHAPTER 1. GENERAL PROVI SI ONS

Section 16-6101.

Definitions.

In this Article, unless the context otherwise requires:

(a) “ Alcohol” means any substance containing any form of alcohol, including ethanol, methanol,

propynol and isopropynol.

(b) “ Alcohol concentration” if expressed as a percentage means either:

(1)

The number of grams of alcohol per one hundred (100) milliliters of blood.

(2)

The number of grams of alcohol per two hundred ten (210) liters of breath.

(1)

A fire department vehicle.

(2)

A police vehicle.

(3)

An ambulance or emergency vehicle of a tribal or municipal department or public

service corporation that is designated or authorized by a public authority.

(4)

Any other ambulance, fire truck or rescue vehicle that is authorized by a public

authority and that meets liability insurance requirements prescribed by the public

authority.

(d) “ Bicycle” means a device that is propelled by human power and on which a person may ride

and that has either:

(1)

Two (2) tandem wheels, either of which is more than sixteen (16) inches in

diameter.

(2)

Three (3) wheels in contact with the ground, any of which is more than sixteen

(16) inches in diameter.

(e) "Business district" means the territory contiguous to and including a highway if there are

buildings in use for business or industrial purposes within any six hundred (600) feet along the

highway that occupy at least three hundred (300) feet of frontage on one (1) side or three hundred

(300) feet collectively on both sides of the highway.

(f) “ Combination of vehicles” means a truck or truck tractor and semitrailer and any trailer that it

tows, but does not include a forklift designed for the purpose of loading or unloading the truck,

trailer or semitrailer.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(g) "Controlled-access highway" means a highway with respect to which owners or occupants of

abutting lands and other persons have no legal right of access to or from except at designated

access points.

(h) "Court" means the Colorado River Indian Tribes' Tribal Court, as empowered and established

by Title 1, Article XII of the Constitution of the Colorado River Indian Tribes.

(i) "Crosswalk" means:

(1)

That part of a roadway at an intersection included within the connections of the

lateral lines of the sidewalks on opposite sides of the highway measured from the

curbs; or, in the absence of curbs, from the edges of the traversable roadway.

(2)

Any portion of a roadway at an intersection or elsewhere distinctly indicated for

pedestrian crossing by lines or other markings on the surface.

(j) “ Drive” means to operate or to be in actual physical control of a motor vehicle.

(k) “ Driver” means a person who drives or is in actual physical control of a vehicle.

(l) "Explosives" means any chemical compound or mechanical mixture commonly used or

intended for the purpose of producing an explosion, and which contains any oxidizing and

combustive units or other ingredients in such proportions, quantities or packing that an ignition

by fire, friction, concussion, percussion or detonator of any part of the compound or mixture may

cause such a sudden generation of highly heated gases that the resultant gaseous pressures are

capable of producing destructive effects on contiguous objects or of destroying life or limb.

(m) "Flammable liquid" means any liquid which has a flash point of seventy (70) degrees

Fahrenheit, or less, as determined by a tagliabue or equivalent closed-cup test device.

(n) "Gross weight" means the weight of a vehicle without the load plus the weight of any load

thereon.

(o) "Highway" means any highway, road, street, lane, roadway, trail or path which members of

the public are entitled to use, regardless of the nature of its surface or the agency responsible for

its maintenance.

(p) “ Implement of husbandry” means a vehicle designed primarily for agricultural purposes and

used exclusively in the conduct of agricultural operations.

(q) "Intersection" means 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. Where a highway

includes two roadways thirty (30) or more feet 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 the intersecting highway also includes two roadways thirty (30) or more feet apart, then

every crossing of two roadways of the highways shall be regarded as a separate intersection.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(r) "Laned roadway" means a roadway which is divided into two or more clearly marked lanes

for vehicular traffic.

(s) "Law enforcement officer" means any police officer or deputized member of the Tribes'

Department of Fish and Game.

(t) “ License” means any license, temporary instruction permit or temporary license issued under

the laws of any state which pertains to the licensing of persons to operate motor vehicles.

(u) “ Licensee” means a person qualified to drive a motor vehicle and to whom a driver license

has been issued.

(v) "Metal tire" means a tire the surface of which in contact with the highway is wholly or partly

of metal or other hard, non-resilient material.

(w) “ Motor-driven cycle” means a motorcycle, including every motor scooter, with a motor that

produces not more than five (5) horsepower.

(x) “ Motor vehicle” means a vehicle propelled by the use of motor vehicle fuel.

(y) “ Motorcycle” means a motor vehicle that has a seat or saddle for the use of the rider and that

is designed to travel on not more than three (3) wheels in contact with the ground, but excluding

a tractor or moped.

(z) “ Operator” means a person who drives a motor vehicle on a highway, who is in actual

physical control of a motor vehicle on a highway, or who is exercising control over or steering a

vehicle being towed by a motor vehicle.

(aa) “ Owner” means:

(1)

A person who holds the legal title to a vehicle.

(2)

If a vehicle is the subject of an agreement for the conditional sale or lease with the

right of purchase on performance of the conditions stated in the agreement and

with an immediate right of possession vested in the conditional vendee or lessee,

the conditional vendee or lessee.

(3)

If a mortgagor of a vehicle is entitled to possession of the vehicle, the mortgagor.

(bb) "Park" means the standing of a vehicle, whether occupied or not, except when standing

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

(cc) “ Pedestrian” means any person afoot. A person who is not ambulatory and is in a

wheelchair or motorized wheelchair is considered a pedestrian.

(dd) "Police officer" means an officer of the Police Department of the Colorado River Indian

Tribes duly authorized to direct or regulate traffic, or make arrests or issue civil traffic

complaints for violations of traffic regulations within the Reservation.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(ee) "Private road or driveway" means a 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.

(ff) "Public authority" means the Colorado River Indian Tribes or any agency thereof, the United

States government or any agency thereof and any state government or political subdivision

thereof.

(gg) "Railroad" means a carrier of persons or property upon cars operated upon stationary rails.

(hh) "Railroad sign or signal" means a 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.

(ii) "Railroad train" means a steam engine, electric or other motor, with or without cars coupled

thereto, operated upon rails.

(jj) "Recreational vehicle" means a vehicular-type unit which is a portable camping trailer, a

motor home, a park trailer, a travel trailer or a portable truck camper.

(kk) "Residential district" means the territory contiguous to and including a highway not

comprising a business district if the property on the 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.

(ll) "Roadway" means that portion of a highway improved, designed or ordinarily used for

vehicular travel, exclusive of the berm or shoulder. If a highway includes two or three separate

roadways, the word "roadway" as used in this Article shall refer to any such roadway separately,

but not to all such roadways collectively.

(mm) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a

roadway, and the adjacent property lines, intended for the use of pedestrians.

(nn) "Stop," when required, means complete cessation from movement.

(oo) "Stop, stopping or standing," when prohibited, means any stopping or standing of a vehicle,

whether occupied or not, except when necessary to avoid conflict with other traffic or in

compliance with directions of a law enforcement officer or traffic-control sign or signal.

(pp) "Through highway" means a highway or portion thereof at the entrances to which vehicular

traffic from intersecting highways is required by law to stop before entering or crossing when

stop signs are erected.

(qq) "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances

either singly or together while using any highway for purposes of travel.

(rr) “ Vehicle” means a device in, upon, or by which any person or property is or may be

transported or drawn upon a public highway, excepting devices moved by human power or used

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

exclusively upon stationary rails or tracks.

(ss) "Traffic-control device" means any sign, signal, marking or device placed or erected by or

under the authority of a public authority for the purpose of controlling, directing, regulating,

warning or guiding traffic. The terms "sign," "signal," "marking" and "device" may be used, in

this Article, interchangeably with traffic-control device and with each other.

(tt) "Tribes" means the Colorado River Indian Tribes.

(uu) "Tribal Council" means the Colorado River Indian Tribes Tribal Council, as empowered

and established by Title 1, Article IV, Section 1 of the Constitution of the Colorado River Indian

Tribes.

(vv) "Tribal Court" means the Colorado River Indian Tribes Tribal Court, as empowered and

established by Title 1, Article XII of the Constitution of the Colorado River Indian Tribes.

(ww) "Truck" means every motor vehicle designed, used or maintained primarily for the

transportation of property.

Section 16-6102.

Operators to Comply with Uniform M otor Vehicle Safety

Responsibility Act.

Any person who operates a motor vehicle upon a highway within the Reservation shall comply

with the current requirements of the Uniform Motor Vehicle Safety Responsibility Act of the

state within which the vehicle is operated. Failure to comply with such provisions shall result in

a suspension of all driving privileges and a report being forwarded to the appropriate state

agency.

CHAPTER 2. DRI VER LI CENSE AND PRI VI LEGE

Section 16-6201.

Valid Driver or Chauffeur License Required.

No person shall operate any motor vehicle upon a highway within the Reservation unless he has a

valid driver or chauffeur license, or is exempted from the requirement for such license, issued by

one of the states of the United States or by the United States government.

Section 16-6202.

Possession and Display of Driver License; Defense.

(a) A licensee shall have a legible driver license in the licensee’ s immediate possession at all

times when operating a motor vehicle. On demand of a law enforcement officer, a licensee shall

display the license.

(b) A person who is served a complaint for violating this Section is not responsible if the person

produces in court or the office of the law enforcement officer a legible driver license or an

authorized duplicate of the license issued to the person that was valid at the time of the alleged

violation of this Section.

Section 16-6203.

Permitting Unauthorized Person to Drive.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(a) No person shall cause or permit the person’ s child, ward or a minor to drive a motor vehicle

on a highway if the child, ward or minor does not possess a driver license.

(b) A person shall not authorize or knowingly permit a person who does not possess a current,

valid driver license to drive a motor vehicle that the person owns or that is under the person’ s

control.

Chapter 3.

CRI M I NAL VI OLATI ONS; LI CENSI NG AND REGI STRATI ON

Section 16-6301.

Registration; Violation.

No person shall:

(a) Intentionally remove a manufacturer’ s serial or identification number from or deface, alter or

destroy a manufacturer’ s serial or identification number on a motor vehicle.

(b) Display or possess a registration card or license plate knowing it to be fictitious or to have

been stolen, canceled, revoked, suspended or altered.

by a person not entitled to the card or plate.

Section 16-6302.

Driving Violations.

(a) No person shall drive a motor vehicle on a highway when the person’ s license to drive a

motor vehicle is suspended or revoked or when the person is otherwise disqualified from driving.

(b) No person shall drive a motor vehicle on a highway when that person's privilege of driving a

motor vehicle on the Reservation has been suspended or revoked pursuant to the provisions of

this Article VI.

Section 16-6303.

Criminal Penalties.

(a) Any person who violates the provisions of this Chapter 3 of this Article shall be subject to the

following criminal penalties:

(1)

Imprisonment for not less than thirty (30) days nor more than six (6) months; or

(2)

A fine not less than One Hundred Dollars ($100.00) nor more than Five Hundred

Dollars ($500.00); or

(3)

Both.

(b) A judge shall not dismiss an action brought under Section 16-6302 merely because

the respondent has paid the underlying penalty which resulted in the suspension.

CHAPTER 4. OBEDI ENCE TO AND EFFECT OF TRAFFI C LAWS

Section 16-6401.

Where Provisions Effective.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(a) The provisions of this Article shall apply to all vehicles operated within the exterior

boundaries of the Colorado River Indian Reservation.

(b) Any and all prior traffic ordinances, rules, regulations or other directives in conflict with this

Article shall be and are hereby declared null and void within the exterior boundaries of the

Colorado River Indian Reservation.

Section 16-6402.

Vehicles Upon the Highways; Exceptions.

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

operation of vehicles upon highways, except:

(a) Where a different place is specifically referred to in a given Section;

(b) The provisions concerning vehicle accidents, reckless driving, speed restrictions, racing and

driving while intoxicated shall apply upon highways and elsewhere, including private property,

throughout the Reservation.

Section 16-6403.

Obedience to Law Enforcement Officers.

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

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

Section 16-6404.

Drivers Subject to Provisions of Article VI .

(a) The provisions of this Article applicable to the drivers of vehicles upon the highways shall

apply to the drivers of all vehicles including those owned and operated by the United States or

any agency thereof, any state or political subdivision thereof, and the Tribes or any agency

thereof, except as provided in this Section, and subject to such specific exceptions as are set forth

in this Article with reference to authorized emergency vehicles.

(b) Unless specifically made applicable, the provisions of this Article shall not apply to persons,

motor vehicles and other equipment while actually engaged in work upon the surface of a

highway, or to railroad employees working on a railroad track or tracks crossing the highway, but

shall apply to such persons and vehicles when traveling to or from such work.

Section 16-6405.

Authorized Emergency Vehicles.

(a) If an authorized emergency vehicle is driven in response to an emergency call, in pursuit of

an actual or suspected violator of law, or in response to but not on return from a fire alarm, the

driver may exercise the privileges provided in this Section subject to the conditions stated in this

Section.

(b) Notwithstanding the provisions of this Article, the driver of an authorized emergency vehicle

may:

(1)

Park or stand, irrespective of the provisions of this Article.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(2)

Proceed past a red light or stop signal or stop sign, but only after slowing down as

necessary for safe operation.

(3)

Exceed the maximum speed limits provided that such exceeding of speed limits

does not unreasonably endanger life or property and is necessary for the protection

of life or property.

(4)

Disregard regulations governing direction of movement or turning in specified

directions.

when the driver of the vehicle while in motion sounds an audible signal by bell, siren or exhaust

whistle as may be reasonably necessary, and when the vehicle is equipped with at least one (1)

lighted lamp displaying a red light visible under normal atmospheric conditions from a distance

of five hundred (500) feet to the front of the vehicle, except that an authorized emergency vehicle

operating as a police vehicle need not be equipped with or display a red light visible from in front

of the vehicle.

(d) 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 these provisions

protect the driver from the consequences of the driver's reckless disregard for the safety of others.

Section 16-6406.

Persons Riding Animals or Driving Animal-Drawn Vehicles.

Every person riding an animal or driving any animal-drawn vehicle upon a highway shall be

granted all of the rights and shall be subject to all of the duties applicable to the driver of a motor

vehicle by this Article, except those provisions which by their very nature can have no

application.

Section 16-6407.

Provisions Uniform Throughout Reservation.

The provisions of this Article shall be uniform throughout the Reservation, and no public

authority shall enact or enforce any ordinance, rule or regulation in conflict with the provisions of

this Article.

Section 16-6408.

Rights of Owners of Real Property.

Nothing in this Article shall be construed to prevent the owner of real property used by the public

for purposes of vehicular travel by permission of the owner and not as a matter of right from

prohibiting that use, or from requiring other or additional conditions than those specified in this

Article, or otherwise regulating such use as may seem best to such owner.

CHAPTER 5. TRAFFI C-CONTROL DEVI CES, SI GNS, SI GNALS AND M ARKI NGS

Section 16-6501.

Obedience to and Required Traffic-Control Devices.

(a) The driver of any vehicle shall obey the instructions of all traffic-control devices unless

otherwise directed by a traffic or law enforcement officer, subject to the exemptions granted to

the driver of an authorized emergency vehicle in Section 15.6405 of this Article.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(b) No provisions of this Article requiring compliance with traffic-control devices shall be

enforced against an alleged violator if, at the time and place of the alleged violation, a trafficcontrol device is not in proper position and sufficiently visible and legible to be seen by an

ordinarily observant person, or if it is an inoperative mechanical device.

Section 16-6502.

Traffic-Control Signal Legend.

(a) When traffic is controlled by a traffic-control device 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 such

lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(1)

(2)

(3)

Green indication:

(A)

Vehicular traffic facing a green signal may proceed straight through or turn

right or left unless a sign at that place prohibits either turn. 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 the 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

Section 16-6503 of this Article, pedestrians facing any green signal, except if

the sole green signal is a turn arrow, may proceed across the roadway within

any marked or unmarked crosswalk.

Steady yellow indication:

(A)

Vehicular traffic facing a steady yellow signal is thereby warned that the

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

exhibited immediately thereafter when vehicular traffic shall not enter the

intersection.

(B)

Pedestrians facing a steady yellow signal, unless otherwise directed by a

pedestrian control signal as provided in Section 16-6503 of this Article, are

thereby warned 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.

Red indication:

(A)

Vehicular traffic facing a steady red signal alone shall stop at a clearly

marked stop line, but if none, before entering the crosswalk on the near side of

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

the intersection or, if none, then before entering the intersection, and shall

remain stopped until an indication to proceed is shown, except as provided in

subdivisions (B) and (C) of this subsection (3).

(B)

The driver of a vehicle which is stopped as close as practicable at the

entrance to the crosswalk on the near side of the intersection or, if there is no

crosswalk, then at the entrance to the intersection, in obedience to a red signal,

may make a right turn, but shall yield the right-of-way to pedestrians and to

other traffic proceeding as directed by the signal. Right turns are prohibited

against a red signal at any intersection when a sign is erected at the

intersection prohibiting such turn.

(C)

The driver of a vehicle on a one-way street which intersects another one-way

street on which traffic moves to the left shall stop in obedience to a red signal

but may then make a left turn into such one-way street, but shall yield the

right-of-way to pedestrians and other traffic proceeding as directed by the

signal at the intersection, except that any such left turn as above described is

prohibited when a sign is erected at the intersection prohibiting such turn.

(D)

Unless otherwise directed by a pedestrian control signal as provided in

Section 16-6503 of this Article, pedestrians facing a steady red signal alone

shall not enter the roadway.

(E)

If an official traffic control device is erected and maintained at a place other

than at an intersection, the provisions of this Section shall be applicable,

except as to those provisions which by 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 a sign or

marking, the stop shall be made at the signal.

Section 16-6503.

Pedestrian Control Signals; Loitering Prohibited.

(a) When special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" are in

place, the signals shall indicate as follows:

(1)

Walk. Pedestrians facing the signal may proceed across the roadway in the

direction of the signal and shall be given the right-of-way by drivers of

vehicles.

(2)

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

signal, but any pedestrian who has partially completed his crossing on the

Walk signal shall proceed to a sidewalk or safety island while the Don't Walk

signal is showing.

(b) A pedestrian shall not loiter or unduly delay crossing the roadway after traffic has stopped to

give him the right-of-way.

Section 16-6504.

Flashing Signals.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

When an illuminated flashing red or yellow signal is used in a traffic sign or signal, drivers shall

obey such flashing signal as follows:

(a) 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. The right of said drivers to

proceed shall be subject to the rules applicable after making a stop at a stop sign set forth in

Section 15.61404 of this Article.

(b) Flashing yellow caution signal. When a yellow lens is illuminated with intermittent rapid

flashes, drivers of vehicles may proceed through the intersection or past the signal only with

caution.

Section 16-6505.

Display of Unauthorized Signs, Signals, M arkings or Devices.

(a) No person shall place, maintain or display upon or in view of any highway any unauthorized

sign, signal, marking or device that:

(1)

Purports to be or is an imitation of or resembles an official traffic sign, signal or

control device or railroad sign or signal.

(2)

(3)

Attempts to control or direct the movement of traffic.

Hides from view or interferes with the effectiveness of any official traffic-control

device, sign or signal, or any railroad sign or signal.

(b) No person shall place or maintain any commercial advertising on any official traffic-control

device or sign.

of signs giving useful directional information and of a type that cannot be mistaken for official

signs.

(d) A sign, signal, or marking prohibited by this Section is a public nuisance, and the Tribes may

remove it or cause it to be removed without notice.

Section 16-6506.

I nterference with Traffic-Control Devices.

No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or

remove any official traffic-control device or any railroad sign or signal or any inscription, shield

or insignia thereon, or any other part thereof.

Section 16-6507.

Warning Devices at Construction Sites.

A person, contractor, or public authority performing work on roads, streets or highways shall post

and maintain warning signs, signals, markers and barricades at the work site until the work is

completed or until such time as a public authority authorizes removal to warn those using the

street, road or highway.

CHAPTER 6. ACCI DENTS

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

Section 16-6601.

Accidents I nvolving Death or Personal I njuries.

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

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

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

has fulfilled the requirements of Section 16-6603 of this Article. Every such stop shall be made

without obstructing traffic more than is necessary.

(b) Any person failing to stop or to comply with the requirements of this Section shall be subject

to the following criminal penalties:

(1)

Imprisonment for not less than thirty (30) days nor more than six (6) months; or

(2)

A fine not less than One Hundred Dollars ($100.00) nor more than Five Hundred

Dollars ($500.00); or

(3)

Both.

convicted and may forward notice of such action to any appropriate state or other governmental

agency.

Section 16-6602.

Accidents I nvolving Damage to Vehicle.

(a) 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 his vehicle at the scene of the accident

or as close thereto as possible and shall forthwith return to and in every case shall remain at the

scene of the accident until he has fulfilled the requirements of Section 16-6603 of this Article.

Every such stop shall be made without obstructing traffic more than is necessary.

(b) Any person failing to stop or to comply with the requirements of this Section shall be subject

to the following criminal penalties:

(1)

Imprisonment for not less than one (1) day nor more than one (1) month; or

(2)

A fine not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars

($100.00); or

(3)

Both.

Section 16-6603.

Duty to Give I nformation and Render Aid.

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 name, address and

the registration number of the vehicle he is driving; and shall upon request exhibit his driver or

chauffeur license to the person struck or the driver or occupants of or person attending any

vehicle or person collided with or struck; and shall render to any person injured in the accident

reasonable assistance, including the making of arrangements for the transporting of the person to

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is

necessary or if the transporting is requested by the injured person.

Section 16-6604.

Duty Upon Striking Unattended Vehicle.

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

stop his vehicle at the scene of the accident or as close thereto as possible and shall forthwith

return to and shall then and there either locate and notify the operator or owner of the vehicle of

the name and address of the driver and owner of the vehicle striking the unattended vehicle, or he

shall leave in a conspicuous place in or upon the vehicle struck a written notice giving the name

and address of the driver and of the owner of the vehicle doing the striking. Further, he shall

make report of the accident when and as required in Section 16-6607 of this Article.

Section 16-6605.

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 the property of that fact and of his name and address, and shall upon

request exhibit his driver or chauffeur license and shall make report of the accident when and as

required in Section 16-6607 of this Article.

Section 16-6606.

I mmediate Report of Accidents.

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, whether oral or written, give notice of the

accident to the Tribal Police Department.

Section 16-6607.

Written Report of Accidents.

(a) The driver of each vehicle involved in an accident resulting in bodily injury to or death of

any person or total property damage to an apparent extent of One Hundred Dollars ($100.00) or

more shall, within five (5) days after the accident, forward a written report of the accident to the

Tribal Police Department.

(b) Every law enforcement officer who investigates an accident by virtue of which a report must

be filed under this Section shall submit a report within twenty-four (24) hours of the completion

of the investigation. The report shall contain information gained at the time and scene of the

accident, or information gathered thereafter by interviewing witnesses and participants.

Section 16-6608.

When Driver Unable to Report.

(a) When the driver is physically unable to make the report required in Section 16-6606 and

there is another occupant in the vehicle at the time of the accident capable of making such an

immediate report, that occupant shall make the report required of the driver.

(b) If the driver is physically incapable of making the report required in Section 16-6607 and the

driver is not the owner of the vehicle, then the owner shall make the report within five (5) days of

learning of the accident.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

Section 16-6609.

Accident Report Forms.

The Tribal Police Department shall obtain and upon request supply such forms required under

this Chapter 6 as are appropriate. Forms required of law enforcement officers, investigating

officers, or persons involved in an accident shall call for sufficiently detailed information in order

to establish the cause, conditions then existing, and persons and vehicles involved in the accident.

Section 16-6610.

Offense for Failure to Report.

The court shall impose a civil fine of not less than One Hundred Dollars ($100) upon any person

who fails to make a report as required by this Chapter.

Section 16-6611.

Accident Reports Confidential.

No accident report shall be used as evidence in a civil or criminal trial except to prove the

presence at the accident, or identity if not otherwise known, of the person filing the accident

report.

CHAPTER 7. CRI M I NAL VI OLATI ONS: DRI VI NG UNDER THE I NFLUENCE;

RECKLESS DRI VI NG; RACI NG

Section 16-6701.

I mplied Consent to Blood, Breath, or Urine Test.

(a) Any person who operates a motor vehicle upon the highways of the Reservation shall be

deemed to have given consent, subject to the provisions of Section 16-6704 of this Article, to a

chemical test or tests of his blood, breath, or urine for the purpose of determining the alcohol

concentration or drug content of blood if arrested for any offense arising out of acts alleged to

have been committed while the person was driving or in actual physical control of a motor

vehicle while under the influence of intoxicating liquor or drugs. The test or tests shall be

administered at the direction of a law enforcement officer having reasonable grounds to believe

the person to have been driving or in actual physical control of a motor vehicle upon the

highways of the Reservation while under the influence of intoxicating liquor or drugs.

(b) Following the arrest by a law enforcement officer, such officer shall allow a period of fifteen

(15) minutes to elapse from the time the violator is stopped before administering any test

prescribed by subsection (a) of this Section. During this period the officer will inform the

violator that his operating privileges shall be revoked for six (6) months by the Tribal Court if he

refuses to submit to the test. A failure to expressly agree to the test or successfully complete the

test will be deemed a refusal.

deemed not to have withdrawn consent, and such tests may be administered in accordance with

Section 16-6704 of this Article.

(d) If a person under arrest refuses to submit to a chemical test designated under provision of

subsection (a) of this Section, none shall be given. Upon receipt of a sworn statement by the law

enforcement officer, stating that he had reasonable grounds to believe the arrested person had

been driving or in actual physical control of a vehicle upon the highways of the Reservation

while under the influence of intoxicating liquor or drugs, and that the person had refused to

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

submit to the test, the Tribal Court shall suspend the privilege of driving within the Reservation

of the arrested person for a period of six (6) months.

(e) Upon taking such action, the court shall immediately cause such person to be notified of the

court action, and upon his request shall afford him a court hearing. The scope of such hearing for

the purposes of this Section shall cover the issues of whether the law enforcement officer had

reasonable grounds to believe the person had been operating or was in actual control of a motor

vehicle upon the highways while under the influence of intoxicating liquor or drugs, whether the

person was placed under arrest, and whether he had refused to submit to the test. The judge shall

then order the suspension rescinded or sustained.

(f) If the said suspension is sustained, the person whose privilege of driving within the

Reservation has been suspended may appeal the order of the Tribal Court in the manner

prescribed in Article II of this Code.

(g) When it has been finally determined under this Code that a person's operating privileges have

been suspended, the Tribal Court may give information in writing of such action to appropriate

authorities of any state or of the United States.

(h) For the purposes of this Section, "drugs" includes any narcotic drug prescribed in Section

354 of Article III of this Code.

Section 16-6702.

Preliminary Breath Tests.

(a) A law enforcement officer who has reasonable suspicion to believe that a person has

committed a violation of Section 16-6704 of this Article may request that the person submit to a

preliminary breath test before an arrest.

(b) In addition to a breath test or tests, the officer may require that the person submit to further

testing pursuant to Section 16-6701 of this Article.

Section 16-6703.

Admissibility of Breath Test or Other Records.

(a) The results of a breath test administered for the purpose of determining alcohol concentration

are admissible as evidence in any trial, action or proceeding on establishing the following

foundational requirements:

(1)

The test was performed using a quantitative breath testing device.

(2)

The person who conducted the test possessed a valid permit issued by a public

authority to operate the device used to conduct the test.

(3)

Duplicate tests were administered and the test results were within 0.02 alcohol

concentration of each other or a test conductor observed the person charged

with the violation for twenty (20) minutes immediately preceding the

administration of the test.

(4)

The person who conducted the test followed an operational checklist for the

operation of the device used to conduct the test. The testimony of the test

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

conductor is sufficient to establish this requirement.

(5)

The device used to conduct the test was in proper operating condition. Records of

periodic maintenance that show that the device was in proper operating

condition within thirty (30) days before and thirty (30) days after the test are

admissible in any proceeding as prima facie evidence that the device was in

proper operating condition at the time of the test. The records are public

records.

(b) Compliance with subsection (a) of this Section is the only requirement for the admission in

evidence of a breath test result.

Section 16-6704

Persons Under the I nfluence of I ntoxicating Liquor or of Drugs.

(a) It is an offense for any person who is under the influence of intoxicating liquor or drugs to

drive or be in physical control of any vehicle within the Reservation.

(b) In the trial of any action or proceeding for a violation of subsection (a) of this Section

relating to driving or being in physical control of a vehicle while under the influence of

intoxicating liquor or drugs, the amount of alcohol in the defendant's blood at the time alleged as

shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance shall

give rise to the following presumptions:

(1)

If there was at that time 0.05 percent but less than 0.10 percent by weight of

alcohol in the defendant's blood, such fact shall not give rise to any

presumption that the defendant was or was not under the influence of

intoxicating liquor, but such fact may be considered with other competent

evidence in determining the guilt or innocence of the defendant.

(2)

If there was at that time 0.10 percent or more by weight of alcohol in the

defendant's blood, it shall be presumed that the defendant was under the

influence of intoxicating liquor.

introduction of any other competent evidence bearing upon the question of whether or not the

defendant was under the influence of intoxicating liquor.

(d) A person arrested or charged with an offense under this Section, at his own expense, may

have a qualified physician or other person of his own choosing administer a chemical test or tests

in addition to any administered at the direction of a law enforcement officer. The failure or

inability to obtain an additional test by such a person shall not preclude the admission of

evidence relating to the test or tests taken at the direction of a law enforcement officer.

(e) Upon the request of the person who shall have submitted to a chemical test or tests, full

information concerning the test or tests and their results shall be made available to him or to

another person designated by him.

(f) If a person under arrest refuses to submit to a chemical test under the provisions of Section

16-6701 of this Article, evidence of refusal shall be admissible in any action or proceeding

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

arising out of acts alleged to have been committed while the person was driving or in actual

physical control of a motor vehicle upon the public highways of the Reservation while under the

influence of intoxicating liquor or drugs.

(g) It is an offense for any person who is under the influence of any narcotic drug, or who is

under the influence of any other drug to a degree which renders him incapable of safely driving a

vehicle, to drive a vehicle within the Reservation. The fact that any person charged with a

violation of this subsection (g) is or has been lawfully entitled to use such drug shall not

constitute a defense to any charge of violating this subsection (g).

(h) A person who is guilty of an offense under this Section shall be sentenced upon a first

conviction to imprisonment for not less than one (1) day nor more than six (6) months or a fine of

not more than One Thousand Dollars ($1,000.00), or both. The court may also suspend the

privilege of driving within the Reservation of the offender for a period not to exceed six (6)

months.

(i) A person who is guilty of a second or subsequent offense under this Section committed within

a period of twenty-four (24) months shall be sentenced to imprisonment for not less than thirty

(30) days nor more than one (1) year, or a fine of not more than Five Thousand Dollars

($5,000.00), or both. In addition, the court shall suspend the privilege of driving within the

Reservation of such person for a period not to exceed two (2) years.

(j) Upon conviction or pleas of guilty or no contest to an offense under this Section, the court

may forward to any appropriate state or federal agency notice of such disposition.

(k) For the purpose of this Section, "drugs" includes any narcotic drug prescribed in Section 354

of Article III of this Code.

Section 16-6705.

Reckless Driving.

(a) A person who drives a vehicle in reckless disregard for the safety of persons or property is

guilty of reckless driving.

(b) A person guilty of reckless driving shall be sentenced upon a first conviction to

imprisonment for not less than one (1) day nor more than six (6) months, and in the discretion of

the court he may be sentenced also to a fine of not more than Three Hundred Dollars ($300.00).

within a period of twenty-four (24) months shall be sentenced to imprisonment for not less than

ten (10) days nor more than six (6) months, and in the discretion of the court he may be

sentenced to a fine of not more than Three Hundred Dollars ($300.00).

(d) Upon a first conviction, the court may suspend the privilege of driving within the

Reservation of the person convicted for a period not to exceed six (6) months. Upon the

conviction for a second or subsequent offense committed within twenty-four (24) months the

court shall suspend the privilege of driving within the Reservation of such person for a period not

to exceed two (2) years.

(e) The dates of the commission of the offense are the determining factor in applying subsection

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

this Section does not include a conviction for an offense arising out of the same series of acts.

(f) On pronouncement of a jail sentence under this Section, the court may provide in the sentence

that if the defendant is employed and can continue employment the defendant may continue the

employment for not more than twelve (12) hours per day nor more than six (6) days per week and

shall spend the remaining day, days or parts of days in jail until the sentence is served. The

defendant shall be allowed out of jail only long enough to complete the defendant’ s actual hours

of employment. The defendant shall not drive any vehicle for the duration of the sentence.

(g) Upon conviction or plea of guilty or no contest to reckless driving, the court may forward to

any appropriate state or federal agency notice of such disposition.

Section 16-6706.

Racing on Highways.

(a) No person shall drive any vehicle or participate in any manner in any race, speed competition

or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or

acceleration, or for the purpose of making a speed record on a street or highway.

(b) For the purposes of this Section:

(1)

"Drag race" means the operation of two or more vehicles from a point side by side

at accelerating speeds in a competitive attempt to outdistance each other, or

the operation of one or more vehicles over a common course, from the same

point, for the purpose of comparing the relative speeds or power of

acceleration of such vehicle or vehicles within a certain distance or time limit.

(2)

A "race" means the use of one or more vehicles in an attempt to out-gain, outdistance, or prevent another vehicle from passing.

for a period not to exceed ninety (90) days, or by a fine of not more than Three Hundred Dollars

($300.00), or both.

(d) A person who is guilty of a second or subsequent violation of this Section committed within

a period of twenty-four (24) months shall be sentenced to imprisonment for a period of not less

than ten (10) days nor more than six (6) months, and in the discretion of the court he may also be

sentenced to a fine of not more than Three Hundred Dollars ($300.00).

(e) The court may suspend the privilege of driving within the Reservation of a person guilty of a

first violation of this Section for a period not to exceed ninety (90) days. Upon a second or

subsequent violation of this Section committed within twenty-four(24) months, the court shall

suspend the privilege of driving within the Reservation of such person for a period not to exceed

two (2) years.

(f) Upon conviction or plea of guilty or no contest to an offense under this Section, the court

may forward to any appropriate state or federal agency notice of such disposition.

(g) The dates of the commission of the offense are the determining factor in applying subsection

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(d) of this Section. A second or subsequent violation for which conviction occurs as provided in

this Section does not include a conviction for an offense arising out of the same series of acts.

(h) The Tribal Council may give authorization in writing for any organized and properly

controlled event otherwise prohibited by this Section to utilize a highway or part of a highway.

The authorization shall specify the time of the event, the location and any other conditions

imposed by the Tribal Council.

CHAPTER 8. SPEED RESTRI CTI ONS

Section 16-6801.

Reasonable and Prudent Speed.

(a) A person shall not drive a vehicle on a highway or private residential road at a speed greater

than is reasonable and prudent under the circumstances, conditions, and actual and potential

hazards then existing. A person shall control the speed of a vehicle as may be necessary to avoid

colliding with any person, vehicle, or other conveyance on or entering the highway in compliance

with legal requirements and the duty of all persons to exercise reasonable care for the protection

of others.

(b) Except as provided in subsection (c) of this Section, or where a special hazard requires a

lesser speed, it shall be a violation of this Section for a driver of a vehicle to exceed the posted

speed limit, or if no limit is posted to exceed the following speeds:

(1)

Fifteen (15) miles per hour in known or posted school crossings or school zones.

(2)

Twenty-five (25) miles per hour in any business or residential district.

(3)

Fifty-five (55) miles per hour in other locations.

reasonable and prudent under the conditions and having regard to the actual and potential hazards

then existing, such as when:

(1)

Approaching and crossing an intersection or railroad crossing;

(2)

Approaching and going around a curve;

(3)

Approaching a hill crest;

(4)

Traveling upon any narrow or winding roadway;

(5)

Special hazards exist with respect to pedestrians or other traffic or by reason of

weather or highway conditions.

(6)

A person shall not drive a motor vehicle at a speed that is more than the speed that

is reasonable and prudent under existing conditions.

(d) A person who violates the provisions of this Section shall be issued a civil traffic complaint

for violation of this Section.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

Section 16-6802.

Excessive Speeds; Classification.

(a) A person shall not:

(1)

Exceed thirty-five (35) miles per hour approaching a school crossing.

(2)

Exceed the posted speed limit in a business or residential district by more than

twenty (20) miles per hour, or if no speed limit is posted, exceed forty-five

(45) miles per hour in a business or residential district.

Exceed eighty-five (85) miles per hour in other locations.

(3)

(b) A person who violates subsection (a) of this Section 16-6802 shall be issued a civil traffic

complaint for a violation of this Section in addition to Section 16-6801 of this Article.

Section 16-6803.

M inimum Speed Regulation.

No person shall operate a vehicle at such a slow speed as to impede or block the normal and

reasonable movement of traffic except when reduced speed is necessary for safe operation or in

compliance with law.

Section 16-6804.

Special Speed Limitation on M otor-Driven Cycles.

No person shall operate any motor-driven cycle at any time from a half hour after sunset to a half

hour before sunrise at a speed greater than thirty-five (35) miles per hour unless such motordriven cycle is equipped with a headlamp or lamps which are adequate to reveal a person or

vehicle at a distance of three hundred (300) feet ahead.

Section 16-6805.

Towing Trailer.

A person shall not drive a vehicle towing a trailer or semitrailer at a rate of speed that causes the

trailer or semitrailer to sway laterally from the line of traffic.

Section 16-6806.

Violations and Rule in Civil Actions.

(a) In every charge of a violation of any speed regulation in this Chapter, the civil traffic

complaint shall specify the speed at which the defendant is alleged to have driven and the

maximum speed applicable at the location of the violation.

(b) The provisions of this Chapter 8 declaring maximum speed limitations do not relieve the

plaintiff in any civil action, other than a civil action to impose a civil penalty, from the burden of

proving negligence on the part of the defendant as the proximate cause of an accident.

CHAPTER 9. DRI VI NG ON RI GHT SI DE OF ROADWAY; OVERTAKI NG AND

PASSI NG

Section 16-6901.

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

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

roadway, except as follows:

(1)

When overtaking and passing another vehicle proceeding in the same direction

under the rules governing such movement.

(2)

When the right half of the roadway is closed to traffic while under construction or

repair.

(3)

Upon a roadway divided into three (3) marked lanes for traffic under the rules

applicable thereon.

(4)

Upon a roadway designated and posted for one-way 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 then

available for traffic, or as close as practicable to the right-hand curb or edge of the roadway,

except 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.

Section 16-6902.

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 line of traffic in each direction, each driver shall

give to the other at least one-half of the main traveled portion of the roadway as nearly as

possible.

Section 16-6903.

Passing Vehicles Proceeding in the Same Direction.

The following rules shall govern the overtaking and passing of vehicles proceeding in the same

direction, subject to those limitations, exceptions and special rules otherwise set forth in this

Chapter:

(a) 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.

(b) 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, or

blinking of headlamps at nighttime, and shall not increase the speed of his vehicle until

completely passed by the overtaking vehicle.

Section 16-6904.

Overtaking a Vehicle on the Right.

(a) The driver of a vehicle may overtake and pass on the right of another vehicle only under the

following conditions:

(1)

When the vehicle overtaken is making or is about to make a left turn.

(2)

Upon a highway with unobstructed roadway not occupied by parked vehicles of

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

sufficient 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 is of

sufficient width for two or more lines of moving vehicles.

(b) The driver of a vehicle may overtake and pass another vehicle on the right only under

conditions permitting the movement in safety. In no event shall the movement be made by

driving off the pavement or off the main-traveled portion of the roadway.

Section 16-6905.

Limitation 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 the left side is clearly visible and is free

of oncoming vehicles for a sufficient distance ahead to permit the overtaking and passing to be

made completely 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 side of the roadway before coming within one hundred (100) feet of any vehicle

approaching from the opposite direction.

Section 16-6906.

Further Limitations on Passing to the Left of Center of Roadway.

(a) No vehicle shall at any time be driven to the left side of the roadway under the following

conditions:

(1)

When approaching the crest of a grade or upon 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 be approaching from the opposite direction.

(2)

When approaching within one hundred (100) feet of or traversing any bridge,

viaduct, tunnel, intersection or railroad grade crossing, or where appropriate

signs or markings have been installed to define a no passing zone.

(b) The limitations set forth in subsection (a) of this Section shall not apply upon a one-way

roadway which is at least two lanes in width.

Section 16-6907.

No Passing Zones.

No driver shall overtake or pass another vehicle within a designated no passing zone.

Section 16-6908.

One-Way Roadways and Traffic I slands.

(a) Upon a highway designated and posted for one-way traffic, a vehicle shall be driven only in

the direction designated.

(b) A vehicle passing around a traffic island shall be driven only to the right of the island.

Section 16-6909.

Driving on Roadways Laned for Traffic.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

When any roadway has been divided into two or more marked lanes for traffic, the following

rules in addition to all others consistent with this Section shall apply:

(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be

moved from the lane until the driver has first ascertained that the movement can be made with

safety.

(b) On 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

the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where

the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is

proceeding and is posted to give notice of the allocation.

Section 16-6910.

Following Too Closely.

The driver of a vehicle shall not follow another vehicle more closely than is reasonable and

prudent, having due regard for the speed of the vehicles and the traffic upon the condition of the

highway.

Section 16-6911.

Driving on Divided Highways.

When any highway has been divided into two (2) 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 and no vehicle shall be

driven over, across or within the dividing space, barrier or section, except at an officially

designated crossover or intersection or through an opening in the physical barrier or dividing

section.

Section 16-6912.

Restricted Access.

No person shall drive a vehicle onto or from any controlled-access highway except at officially

designated entrances and exits.

Section 16-6913.

Restrictions on Use of Controlled-Access Highway.

No person shall disobey official posted signs prohibiting the use of any part of a controlledaccess highway by pedestrians, bicycles or persons operating motor-driven cycles.

CHAPTER 10.

TURNI NG, STARTI NG AND SI GNALS ON STOPPI NG AND

TURNI NG.

Section 16-61001. Required Position and M ethod of Turning.

The driver of a vehicle intending to turn shall do so as follows:

(a) Right turns. Both the approach for a right turn and a right turn shall be made as close as

practicable to the right-hand curb or edge of the roadway.

(b) Left turns. At any intersection where traffic is restricted to one (1) direction on one (1) or

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall

approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the

direction of travel of one (1) vehicle and after entering the intersection the left turn shall be made

so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to

traffic moving in that direction upon the roadway being entered.

opposite directions has been indicated by traffic control devices:

(1)

A driver shall not make a left turn from any other lane.

(2)

A driver shall not drive a vehicle in the lane except if preparing for or making a

left turn from or into the roadway or if preparing for or making a u-turn if

otherwise permitted by law.

Section 16-61002. Limitations on Turning Around.

No vehicle shall be turned to proceed in the opposite direction upon any curve, or upon the

approach to, or near the crest of a grade, where the vehicle cannot be seen by the driver of any

other vehicle approaching from either direction within five hundred (500) feet.

Section 16-61003. M oving Stopped Vehicle.

No person shall commence the movement of a vehicle which is stopped, standing or parked

unless and until the movement can be made safely.

Section 16-61004. Turning M ovements and Required Signals.

(a) No person shall turn a vehicle at an intersection unless the vehicle is in the proper position

upon the roadway as required by Section 15.61001 of this Article, or turn a vehicle to enter a

private road or driveway or otherwise turn unless and until the movement can be made safely. No

person shall so turn any vehicle without giving an appropriate signal in the manner provided by

this Chapter in the event any other traffic may be affected by the movement.

(b) A signal of intention to turn right or left when required shall be given continuously during

not less than the last one hundred (100) feet traveled by the vehicle before turning.

appropriate signal in the manner provided by this Chapter to the driver of any vehicle

immediately to the rear when there is opportunity to give the signal.

Section 16-61005. Signals by Hand and Arm or Signal Device.

Any stop or turn signal when required by this Chapter shall be given either by means of the hand

and arm or by a signal lamp or lamps or mechanical signal device. When a vehicle is so

constructed or loaded that a hand and arm signal would not be visible both to the front and rear of

the vehicle then the signals must be given by a lamp or lamps or signal device.

Section 16-61006. M ethod of Giving Turn or Stop Signals.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(a) All signals required by this Chapter to be given by hand and arm shall be given from the left

side of the vehicle and in the following manner and the signals shall indicate as follows:

(1)

Left turn. Hand and arm extended horizontally.

(2)

Right turn. Hand and arm extended upward.

(3)

Stop or decrease. Hand and arm extended downward.

(b) All turn signals required or permitted by this Chapter to be given by lamp or lamps shall be

by blinking amber lights as installed by the manufacturer of the vehicle; such lights to be visible

from the front and rear of the vehicle and shall indicate the direction of turn by the side of the

vehicle on which they are blinking.

Section 16-61007. Vehicle Approaching or Entering I ntersection; Right-of-Way Exception;

Entering Highway.

(a) When two (2) vehicles enter or approach an uncontrolled intersection from different streets or

highways at approximately the same time, the driver of the vehicle on the left shall yield the

right-of-way to the vehicle on the right. This subsection (a) does not apply to vehicles

approaching or entering an uncontrolled "T" intersection when the vehicle on the left is on a

continuing street or highway and the vehicle on the right is on the terminating street or highway.

The vehicle on the terminating street or highway shall yield to the vehicle on the continuing

street or highway.

(b) Converging road crossings between the main roadway of a highway and merging

acceleration lanes or ramps are not intersections within the definition stated in Section 16-6101

of this Article and the provisions of subsection (a) of this Section do not control questions of

right-of-way at such mergers. A vehicle entering a highway from an acceleration lane or ramp

shall yield the right-of-way to a vehicle on the main roadway of the highway entering such

merging area at the same time.

Section 16-61008. Vehicle Turning Left at I ntersection.

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-ofway to any vehicle approaching from the opposite direction which is within the intersection or so

close thereto as to constitute a hazard.

Section 16-61009. Vehicle Entering Highway From Private Road or Driveway.

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall

yield the right-of-way to all approaching vehicles on the highway, and such driver shall not

proceed onto or across the highway until he can do so without endangering or impeding vehicles

on the highway.

Section 16-61010. Operation of Vehicles on Approach of Authorized Emergency Vehicles.

(a) Upon the immediate approach of an authorized emergency vehicle, and when the driver of

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

the emergency vehicle is giving audible signal by siren, exhaust whistle or bell:

(1)

The driver of every other vehicle shall yield the right-of-way and shall

immediately drive to a position parallel to, and as close as practicable to, the

right-hand edge or curb of the roadway clear of any intersection and shall stop

and remain in that position until the authorized emergency vehicle has passed,

unless otherwise directed by a law enforcement officer or the attending

circumstances make such movement impossible or manifestly impractical, in

which case the other vehicle shall stop in place.

(2)

The driver of any vehicle other than one on official business of the Tribes or other

public authority officially concerned with the emergency shall not follow any

fire apparatus traveling in response to a fire alarm closer than five hundred

(500) feet or drive into or park the vehicle within the block where fire

apparatus has stopped in answer to a fire alarm.

(b) This Section shall not operate to relieve the driver of an authorized emergency vehicle from

the duty to drive with due regard for the safety of all persons using the highway.

CHAPTER 11.

PEDESTRI ANS RI GHTS AND DUTI ES.

Section 16-61101. Pedestrians Subject to Traffic Regulations.

Pedestrians shall be subject to traffic-control signals at intersections as provided in Chapter 5 of

this Article.

Section 16-61102. Pedestrians Right-of-Way in Crosswalks.

(a) When traffic-control devices are not in place or not in operation, the driver of a vehicle shall

yield the right-of-way, slowing down or stopping if need be, to so yield to a pedestrian crossing

the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which

the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half

of the roadway as to be in danger.

(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the

path of a vehicle which is so close that it is impossible for the driver to yield.

intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle

approaching from the rear shall not overtake and pass the stopped vehicle.

Section 16-61103. Crossing at Other Than Crosswalks.

(a) Any pedestrian crossing a highway at any point other than within a marked crosswalk or

within an unmarked crosswalk at any intersection shall yield the right-of-way to all vehicles upon

the highway.

(b) Between intersections at which traffic-control signals are in operation, pedestrians shall not

cross at any place except in a marked crosswalk.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

Section 16-61104. Drivers to Exercise Due Care.

Notwithstanding the provisions of this Chapter, every driver of a vehicle shall exercise due care

to avoid colliding with any pedestrian upon any highway and shall give warning by sounding the

horn when necessary, and shall exercise particular precaution upon observing any child or

confused or incapacitated person upon or near a highway.

Section 16-61105. Pedestrians on Highways.

(a) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along or upon

an adjacent highway.

(b) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall,

when practicable, walk only on the left side of the roadway or its shoulder facing traffic.

ride from the driver of any vehicle.

Section 16-61106. School Crossings and Zones.

No vehicle shall enter or cross a school crossing when it is occupied by pedestrians, or

pedestrians are waiting or preparing to enter it, unless otherwise directed by an attending law

enforcement officer or other adult charged with the duty of directing traffic.

Section 16-61107. Provisions for Blind Pedestrians.

(a) Any person who is blind shall, when walking on a street or other highway, unless guided by a

guide dog or assisted by a person with sight, carry a white cane which shall have a red end eight

(8) inches in length.

(b) For the purposes of this Section, a person is blind who has central visual acuity of 20/200 or

less in the better eye or central visual acuity of more than 20/200 in the better eye if there is a

field defect in which the peripheral field has contracted to such an extent that the widest diameter

of visual field subtends an angular distance no greater than twenty (20) degrees.

highways a white cane with a red end.

(d) Any person operating a vehicle, other than an emergency vehicle the siren of which is being

sounded, shall bring the vehicle to a stop and yield the right-of-way at a street, avenue, alley or

other highway intersection to a blind person carrying a white cane with a red end, or who is being

guided by a guide dog, when the blind person enters the intersection. Notwithstanding the

foregoing, upon seeing a blind person with such a cane in a roadway or preparing to cross a

roadway at any point, any person operating a vehicle which may jeopardize such blind person

shall stop or yield the right-of-way to the blind person.

(e) This Section shall not be construed to deprive a blind person not carrying a white cane with a

red end or not being guided by a dog or sighted person of the rights and privileges conferred by

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

law upon pedestrians, nor shall the failure of a blind person to carry a white cane with a red end

or be guided by a guide dog or sighted person be held to constitute prima facie evidence of

contributory negligence.

CHAPTER 12.

OPERATI ON OF BI CYCLES AND PLAY VEHI CLES.

Section 16-61201. Application of Provisions.

(a) The parent of a child and the guardian of a ward shall not authorize or knowingly permit the

child or ward to violate any of the provisions of this Chapter.

(b) Except as otherwise provided in this Chapter 12, the provisions of this Chapter shall apply to

a bicycle when it is operated anywhere within the Reservation, and are not restricted to the

operation of a bicycle upon any highway or path set aside for the exclusive use of bicycles as

specified in Section 16-6101 of this Article.

Section 16-61202. Traffic Laws Apply to Persons Riding Bicycles.

Every person riding a bicycle upon a highway shall be granted all the rights and shall be subject

to all the duties applicable to the driver of a vehicle by this Article, except as to special

provisions in this Chapter, and except as to those provisions of this Article which by their nature

can have no application.

Section 16-61203. Operation Restrictions.

It is a violation of this Chapter for a person to ride a bicycle:

(1)

With a willful and wanton disregard for the safety of other persons or property.

(2)

In such a manner as to injure, disfigure, deface or destroy any object of

archaeological or historical interest or value.

Section 16-61204. Clinging to Vehicles.

No person riding upon any bicycle, coaster, roller skates, skateboard, sled or toy vehicle shall

attach the same or himself to any vehicle upon a highway.

Section 16-61205. Riding in Highways and Bicycle Paths.

(a) Every person operating a bicycle upon a highway shall ride as near to the right side of the

roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in

the same direction.

(b) Persons riding bicycles upon a highway shall not ride more than two (2) abreast except on

paths or parts of roadways set aside for the exclusive use of bicycles.

shall use the path and shall not use the highway.

Section 16-61206. Lamps and other Equipment on Bicycles.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(a) When in use at nighttime, every bicycle shall be equipped with a lamp on the front emitting a

white light visible from a distance of at least five hundred (500) feet and with a red reflector on

the rear which shall be visible to three hundred (300) feet from the rear when directly in front of

lawful upper beams of head lamps on motor vehicles. A lamp emitting a red light to the rear may

be used in addition to the red reflector.

(b) No person shall operate a bicycle equipped with a siren or whistle.

braked wheels skid on dry, level, clean pavement.

Section 16-61207. Civil Penalty; Bicycle Safety Course.

Any person who violates the provisions of this Chapter or other provisions of this Article

applicable to bicycle operators may, in addition to or in lieu of the fines prescribed by this

Article, be ordered to complete an approved bicycle safety course.

CHAPTER 13.

OFF-HI GHWAY VEHI CLES

Section 16-61301. Definitions

(a) “ Off-Highway recreation facility” includes off-highway vehicle use areas and trails

specifically developed and designated for use by off-highway vehicles.

(b) “ Off-highway vehicle” :

(1)

means a motorized vehicle when operated off of highways on land, water, snow,

ice or other natural terrain or on a combination of land, water, snow, ice or

other natural terrain.

(2)

Includes a two-wheel, three-wheel or four-wheel vehicle, motorcycle, four-wheel

drive vehicle, dune buggy, amphibious vehicle, ground effects or air cushion

vehicle and any other means of land transportation deriving motive power

from a source other than muscle or wind.

(3)

Does not include a vehicle that is either:

(A)

Designated primarily for travel on, over or in the water.

(B)

Used in installation, inspection, maintenance, repair or related activities

involving facilities for the provision of utility or railroad service.

(1)

Open to recreational travel by an off-highway vehicle.

(2)

Not normally suitable for travel by conventional two-wheel drive vehicles.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(3)

Opened by the managing authority of the property that the trail traverses for the

specific designated purpose of recreational off-highway vehicle use.

(d) “ Off-highway vehicle use area” means the entire area of a parcel of land, except for camping

and approved buffer areas, that is managed specifically for off-highway vehicle use through the

development or designation of off-highway vehicle trails.

Section 16-61302. Applicability; Private Lands.

This Chapter applies to all lands within the Reservation.

Section 16-61303. Operation Restrictions, Violation, Classification.

(a) It is a violation of this Chapter for a person to drive an off-highway vehicle:

(1)

With a wilful and wanton disregard for the safety of other persons or property.

(2)

In such a manner as to injure, disfigure, deface or destroy any object of

archaeological or historical interest or value.

CHAPTER 14.

SPECI AL STOPS REQUI RED

Section 16-61401. Obedience to Signal I ndicating Approach of Train.

(a) When any person driving a vehicle approaches a railroad grade crossing under any of the

circumstances stated in this Section, the driver of the vehicle shall stop within fifty (50) feet but

not less than (15) feet from the nearest rail of the railroad, and shall not proceed until he can do

so safely. The foregoing requirements shall apply when:

(1)

A visible electric or mechanical signal device gives warning of the approach of a

railroad train.

(2)

A crossing gate is lowered or when a flagman gives or continues to give a signal of

the approach or passage of a railroad train.

(3)

A railroad train approaching within approximately fifteen hundred (1500) feet of

the highway crossing emits a signal audible from such distance and the railroad train,

by reason of its speed or nearness to the crossing, is an immediate hazard.

(4)

An approaching railroad train is plainly visible and is in hazardous proximity to the

crossing.

(b) No person shall drive any vehicle through, around or under any crossing gate or barrier at a

railroad crossing when the gate or barrier is closed or is being opened or closed.

Section 16-61402. All Vehicles M ust Stop at Certain Railroad Grade Crossings.

Where a stop sign has been placed at a railroad grade crossing, the driver of any vehicle shall

stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of the railroad

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

and shall proceed only upon exercising due care.

Section 16-61403. Certain Vehicles M ust Stop at All Railroad Grade Crossings.

(a) The driver of any motor vehicle carrying passengers for hire, or of any school bus carrying

any school child, or of any vehicle carrying or returning after delivery of explosive substances or

flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a

railroad, shall stop the vehicle within fifty (50) feet but not less than fifteen (15) feet from the

nearest rail of the railroad and while so stopped shall listen and look in both directions along the

track for any approaching train, and for signals indicating the approach of a train, except as

provided in this Chapter, and shall not proceed until he can do so safely. After stopping as

required by this Section, and upon proceeding when it is safe to do so, the driver of the vehicle

shall cross only in such gear of the vehicle that there will be no necessity for changing gears

while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.

(b) No stop need be made at any such crossing where a law enforcement officer or a trafficcontrol signal directs traffic to proceed.

Section 16-61404. M oving Heavy Equipment at Railroad Grade Crossings.

(a) No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller or any

equipment or structure having a normal operating speed of ten (10) or less miles per hour or a

vertical body or load clearance of less than one-half (½) inch per foot of the distance between any

two (2) adjacent axles, or in any event of less than nine (9) inches, measured above the level

surface of a roadway, upon or across any tracks at a railroad grade crossing without complying

with this Section.

(b) Advance notice of any such intended crossing shall be given to the supervisor of the railroad.

shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet from the

nearest rail of the railroad and while so stopped shall listen and look in both directions along the

track for any approaching train and for signals indicating the approach of a train, and shall not

proceed until the crossing can be made safely.

(d) No such crossing shall be made when warning is given by automatic signal, crossing gates, a

flagman or otherwise of the approach of a railroad train or car. If a flagman is provided by the

railroad, movement over the crossing shall be under his direction.

(e) This Section shall not apply to the normal movement of implements of husbandry in the

regular course of farm operation.

Section 16-61405. Stop Signs and Yield Signs.

(a) Every stop sign shall have an octagonal shape, bearing the word "Stop" in white letters not

less than six (6) inches in height on a red background. Every yield sign shall be triangular in

shape bearing the word "Yield" in black letters not less than six (6) inches in height on a yellow

background. The sign shall at nighttime be rendered luminous by steady or flashing internal

illumination, or by a fixed floodlight projected on the face of the sign, or by efficient reflecting

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

elements on the face of the sign.

(b) Every stop sign and every yield sign shall be erected as near as practicable to the nearest line

of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as close as

practicable to the nearest line of the intersecting roadway.

the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly

marked stop line; but if none, then at the point nearest the intersecting roadway where the driver

has a view of approaching traffic on the intersecting roadway before entering the intersection

except when directed to proceed by a law enforcement officer or traffic control signal. Upon

stopping in compliance with the direction of a stop sign, if not directed to proceed by a law

enforcement officer, the driver shall not enter or cross the intersection until he can do so without

endangering or impeding any other vehicle or pedestrian in or approaching the intersection.

(d) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to

a speed reasonable for the existing conditions and shall yield the right of way to any vehicle in

the intersection or approaching on another highway so closely as to constitute an immediate

hazard during the time such driver is moving across or within the intersection. If such driver is

involved in a collision with a vehicle in the intersection after driving past a yield sign without

stopping, such collision shall be prima facie evidence of his failure to yield right-of-way.

Section 16-61406. Stop Before Emerging From Alley or Driveway Onto Sidewalk.

The driver of a vehicle emerging from an alley, driveway or building shall:

(a) Stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area

extending across any alleyway or driveway; and

(b) Sound his horn and yield the right-of-way to any pedestrian as may be necessary to avoid

collision; and

the highway.

Section 16-61407. Overtaking and Passing School Bus.

(a) On meeting or overtaking from either direction a school bus that has stopped on the highway,

the driver of a vehicle on any highway shall:

(1)

(2)

Stop the vehicle before reaching the school bus.

Not proceed until the school bus resumes motion, or until signaled by the driver of

the bus to proceed.

(b) The driver of a vehicle on a highway with separate roadways need not stop on meeting or

passing a school bus that is:

(1)

On a different roadway.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(2)

On a controlled access highway and the school bus is stopped in a loading zone that

is a part of or adjacent to the highway and where pedestrians are not permitted to

cross the roadway.

Section 16-61408. Overtaking and Passing School Bus; Report by School Bus Driver.

(a) The driver of a school bus who observes a violation of Section 15.61407 of this Article may

prepare a signed written report indicating that a violation occurred. The report shall include:

(1)

The date, time and approximate location of the violation.

(2)

The number and state of issuance of the license plate on the vehicle involved in the

violation.

(3)

Identification of the vehicle as an automobile, a station wagon, a truck, a bus, a

motorcycle or any other type of vehicle.

(4)

The color of the vehicle involved in the violation.

(b) Within two (2) days after the violation occurs, excluding weekends and holidays, the school

bus driver shall send a copy of the report to the Chief of Police. On receiving the report, the

Chief of Police shall promptly mail a notification letter to the last known registered owner of the

vehicle. The letter shall include:

(1)

A notification containing the information included in the bus driver’ s report and

stating that a vehicle registered in the vehicle owner’ s name was observed passing a

school bus loading and unloading children.

(2)

A complete explanation of the provisions of Section 15.61407 of this Article.

(3)

An explanation that the notification letter is not a traffic citation but is an effort to

call attention to the seriousness of the incident.

Section 16-61409. Duty When Approaching Horses and Livestock.

Every person operating a motor vehicle upon any highway and approaching any horse-drawn

vehicle, or any horse upon which a person is riding, or livestock being driven upon the highway,

shall exercise reasonable precaution to prevent frightening and to safeguard such animals, and to

ensure the safety of any person riding or driving the animals. If such animals appear frightened

the person in control of such vehicle shall reduce its speed, and if requested by signal or

otherwise shall not proceed further toward such animals unless necessary to avoid accident or

injury, until such animals appear to be under control.

CHAPTER 15.

STOPPI NG, STANDI NG OR PARKI NG.

Section 16-61501. Stopping, Standing, or Parking Prohibited in Specified Places.

(a) Except when necessary to avoid conflict with other traffic or if in compliance with law or the

directions of a law enforcement officer or traffic control device, a person shall not stop, stand or

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

park a vehicle in any of the following places:

(1)

On a sidewalk;

(2)

In front of a public or private driveway;

(3)

Within an intersection;

(4)

Within fifteen (15) feet of a fire hydrant;

(5)

On a crosswalk;

(6)

Within twenty (20) feet of a crosswalk at an intersection;

(7)

Within thirty (30) feet upon the approach to any traffic-control device located at the

side of a roadway;

(8)

Between a safety zone and the adjacent curb or within thirty (30) feet of points on

the curb immediately opposite the ends of a safety zone, unless a different length is

indicated by signs or markings;

(9)

Within fifty (50) feet of the nearest rail of a railroad or within nine (9) feet of the

center of any railroad track, except while a motor vehicle with motive power

attached is loading or unloading railroad cars;

(10)

Within twenty (20) feet of the driveway entrance to any fire station and on the side

of a street opposite the entrance when posted;

(11)

Alongside or opposite any street excavation or obstruction when stopping, standing

or parking would obstruct traffic;

(12)

On the roadway side of any vehicle stopped or parked at the edge or curb of a

street;

(13)

Upon any bridge or other elevated structure upon a highway or within a highway

tunnel;

(14)

At any place where signs prohibit stopping.

(b) No person shall move a vehicle not lawfully under his control into any such prohibited area

or away from a curb such distance as is unlawful.

Section 16-61502. Stopping, Standing or Parking Outside of a Business or Residential

District.

(a) Upon any highway outside of a business or residential district, no person shall stop, park or

leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part

of the highway when it is practicable to stop, park or so leave the vehicle off that part of the

highway.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(b) If a person stops, parks or leaves standing a vehicle, the person shall leave an unobstructed

width of the highway opposite a standing vehicle for the free passage of other vehicles. A clear

view of the stopped vehicles shall be available from a distance of two hundred (200) feet in each

direction upon the highway.

(1)

The driver of any vehicle that is disabled while on the paved or main-traveled

portion of a highway in such manner and to such extent that it is impossible to avoid

stopping and temporarily leaving the disabled vehicle in such position.

(2)

A vehicle or the driver of a vehicle engaged in the official delivery of the United

States mail that stops on the right-hand side of the highway for the purpose of

picking up or delivering mail if the following conditions are met:

(A)

A clear view of the vehicle is available from a distance of three hundred

(300) feet in each direction of the highway or a flashing amber light with the

word “ Stop” printed on the light is attached to the rear of the vehicle.

(B)

The vehicle has a sign with the words “ U.S. mail” printed on the sign

attached to the rear of the vehicle.

Section 16-61503. Officers Authorized to Remove I mproperly Stopped Vehicles.

(a) When any law enforcement officer finds a vehicle standing upon a highway in violation of

the provisions of Sections 16-61501 and 16-61502 of this Chapter, the law enforcement officer is

authorized to move the vehicle, or to require the driver or other person in charge of the vehicle to

move the same, to a position off the paved or main-traveled part of the highway.

(b) Any law enforcement officer is authorized to remove or cause to be removed to a place of

safety an unattended vehicle left standing upon any highway or bridge causeway, or in any

tunnel, in such position or under such circumstances as to obstruct the normal movement of

traffic or to create a hazard.

garage or other place of safety any vehicle found upon a highway in any of the following

circumstances, provided that the officer has made a reasonable effort to contact the owner or

custodian of the vehicle and given him a reasonable opportunity to remove the vehicle:

(1)

When a report has been made that such vehicle has been stolen;

(2)

When the person or persons in charge of such vehicle are unable or unwilling to

provide for its custody or removal;

(3)

When the person driving or in control of such vehicle is arrested for an alleged

offense for which the officer is required by law to take the arrested person before a

judge without unnecessary delay;

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(4)

When any vehicle is left unattended for more than four (4) hours upon the right-ofway of any public highway outside of business or residential areas;

(5)

When any vehicle is left unattended for more than five (5) days upon the right-ofway of any public highway.

(d) Except as provided in subsection (e) of this Section:

(1)

The Colorado River Indian Tribes and its affiliated agencies and departments are

not liable for the cost of towing or storing the vehicle if the officer acts under color

of the officer’ s lawful authority.

(2)

Before release of the vehicle by the towing service, the owner, or the owner’ s

agent, of a vehicle that is removed or caused to be removed under this Chapter shall

pay or make satisfactory arrangements to pay for any reasonable towing and storage

costs incurred in towing or storing the vehicle.

(e) If a tow truck operator is required in writing by the Colorado River Indian Tribes or its

affiliated agencies and departments to tow or store a vehicle that is required as evidence in a

criminal action or for future criminal investigation, the Tribal agency or department requiring the

removal is liable for the towing and storage costs of the vehicle.

(f) Any movement of a vehicle authorized by a law enforcement officer shall not excuse or

waive any violation of this Chapter, nor shall it serve as a defense of such violation.

Section 16-61504. Additional Parking Regulations.

(a) Except as otherwise provided in this Section, every vehicle stopped or parked upon a

highway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels

of the vehicle parallel to and within eighteen (18) inches of the right-hand curb.

(b) No person shall disobey posted signs prohibiting the stopping, standing, or parking of

vehicles.

CHAPTER 16.

PARKI NG FOR PHYSI CALLY DI SABLED PERSONS

Section 16-61601 Parking Restrictions; Applicability.

This Article does not apply to zones where stopping, standing or parking is prohibited to all

vehicles as provided in Sections 16-61501 and 16-61502 of this Article.

Section 16-61602. Parking Spaces for Physically Disabled Persons.

(a) Specially designated and marked motor vehicle parking spaces shall be provided for the

exclusive use of physically disabled persons.

(b) Each parking space prescribed in this Section shall be prominently outlined with paint and

posted with a permanent sign that is located at least three (3) feet but not more than six (6) feet

above the space that bears the internationally accepted symbol of access.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

Section 16-61603. Parking Spaces for Physically Disabled Persons; Prohibition.

(a) Except as provided in subsection (b), a person shall not stop, stand or park a motor vehicle

within any specially designated and marked parking space provided pursuant to Section 1661602 of this Article unless the motor vehicle is transporting a person who has been issued a

valid placard or international symbol of access special plates and either:

(1)

The motor vehicle displays the valid permanently disabled or temporarily disabled

removable windshield placard.

(2)

The motor vehicle displays international symbol of access special plates that are

currently registered to the vehicle.

(b) A person who is chauffeuring a physically disabled person without a placard or international

symbol of access special plates may park momentarily in a parking space provided pursuant to

this Chapter for the purpose of loading or unloading the disabled person, and a complaint shall

not be issued to the driver for the momentary parking.

Section 16-61604. Civil Fines.

If a law enforcement officer finds a motor vehicle in violation of this Chapter, the officer shall

issue a civil traffic complaint to the operator or other person in charge of the motor vehicle or, if

an operator or person in charge is not present, to the registered owner of the vehicle for a traffic

violation. The court shall impose on the operator, person in charge or owner of a vehicle parked

in violation of this Chapter a minimum civil fine of fifty dollars ($50).

CHAPTER 17.

RESTRAI NT SYSTEM S

Section 16-61701. Child Passenger Restraint System; Violation; Classification;

Exemptions; Definition.

(a) Except as provided in subsection (f) of this Section, a person shall not operate a motor

vehicle on a highway when transporting a child four (4) years of age or younger or forty (40) or

fewer pounds in weight unless that child is properly secured in a child passenger restraint system.

(b) A person who violates this Section is subject to a civil fine of fifty dollars ($50), except that a

civil fine shall not be imposed if the defendant makes a sufficient showing that the motor vehicle

has been subsequently equipped with a child passenger restraint system. A sufficient showing

may include a receipt mailed to the appropriate court officer that evidences purchase or

acquisition of a child passenger restraint system.

officer shall determine from the driver whether the unrestrained child or children in the vehicle

are four (4) years of age or younger or forty (40) or fewer pounds in weight.

(d) If the information given to the officer indicates that a violation of this Section has not been

committed, the officer shall not detain the vehicle any further unless some additional violation is

involved. The stopping of a vehicle for an apparent or actual violation of this Section is not

probable cause for the search or seizure of the vehicle unless there is probable cause for a

violation of law.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(e) The requirements of this Section or evidence of a violation of this Section are not admissible

as evidence in a judicial proceeding except in a judicial proceeding for a violation of this Section.

(f) This Section does not apply to any of the following:

(1)

A person who operates a motor vehicle that is also a recreational vehicle as defined

in Section 16-6101 of this Article.

(2)

A person who must transport a child in an emergency to obtain necessary medical

care.

(3)

A person who transports more than one (1) child four (4) years of age or younger or

forty (40) or fewer pounds in weight in a motor vehicle that because of the restricted

size of the passenger area does not provide sufficient area for the required number of

child passenger restraint devices, if both of the following conditions are met:

(A)

At least one (1) child is restrained as required by this Section.

(B)

The person has secured as many of the other children in child passenger

restraint devices pursuant to this Section as is reasonable given the restricted

size of the passenger area and the number of passengers being transported in

the motor vehicle.

Section 16-61702. Vehicle Restraints Required; Exceptions; Civil Fine.

(a) Each front seat occupant of a motor vehicle that is designed for carrying ten (10) or fewer

passengers, that is manufactured for the model year 1972 and thereafter and that is required to be

equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor

vehicle safety standards prescribed in 49 Code of Federal Regulations Section 571.208 shall

either:

(1)

Have the lap and shoulder belt properly adjusted and fastened while the vehicle is

in motion.

(2)

If only a lap belt is installed where the occupant is sitting, have the lap belt properly

adjusted and fastened while the vehicle is in motion.

(b) The driver of a motor vehicle that is subject to the requirements of this Section shall require

each front seat passenger under sixteen (16) years of age to comply with this Section.

vehicle on a highway for a violation of this Section unless the officer has reasonable cause to

believe there is another alleged violation of a motor vehicle law.

(d) This Section does not apply to:

(1)

A child subject to the requirements of Section 15.61701 of this Article.

(2)

A person possessing a written statement from a physician that the person is unable

for medical or psychological reasons to wear a lap and shoulder belt or a lap belt.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(3)

A letter carrier of the United States postal service while the letter carrier is

performing the letter carrier’ s duties.

(e) If a person is found responsible for a violation of this Section, the person is subject to a

maximum civil fine of twenty dollars ($20) for each violation.

(f) The driver of a motor vehicle found responsible for a traffic violation under this Section

relating to passengers under the age of sixteen (16) years is subject to a maximum civil fine of

twenty dollars ($20) for each violation.

CHAPTER 18.

M I SCELLANEOUS RULES

Section 16-61801. Limitations on Backing.

The driver of a vehicle shall not back the same unless the movement can be made safely and

without interfering with other traffic.

Section 16-61802. Riding on M otorcycles.

(a) A person operating a motorcycle shall ride only upon the permanent and regular seat attached

thereto, and the operator shall not carry any other person nor shall any other person ride on a

motorcycle unless the motorcycle is designed to carry more than one (1) person, in which event a

passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon

another seat firmly attached to the rear or side of the operator.

(b) An operator or passenger of a motorcycle or motor-driven cycle, under the age of eighteen

(18), shall wear at all times a protective helmet while operating or riding on the motorcycle or

motor-driven cycle. An operator of a motorcycle or motor-driven cycle, under the age of

eighteen (18), shall wear at all times protective glasses, goggles or a transparent face shield

unless the motorcycle or motor-driven cycle is equipped with a protective windshield. This

subsection (b) does not apply to electrically powered three-wheeled vehicles or three-wheeled

vehicles on which the operator and passenger ride within an enclosed cab.

Section 16-61803. Obstruction of Driver's View or Driving M echanism.

(a) A person shall not drive a vehicle when the vehicle's load or passengers obstruct the driver's

view to the front or sides of the vehicle or interfere with the driver's control over the vehicle's

driving mechanism.

(b) No passenger in a vehicle shall ride in such position as to interfere with the driver's view

ahead or to the side or as to interfere with his control over the driving mechanism of the vehicle.

Section 16-61804. Crossing Fire Hose.

No vehicle shall be driven over any unprotected hose of a fire department when laid down on any

highway or private driveway, to be used at any fire drill, fire or alarm of fire, without the consent

of the fire department official in command.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

Section 16-61805. M aximum Number in School Bus; Exceptions, Receiving or Discharging

School Children at School.

(a) No school bus shall be operated on a highway while carrying more people than can be

properly seated, nor while any person is standing therein, except for the purpose of conducting

drills under school regulations and in the emergency evacuation and dispersal of pupils and

school personnel.

(b) No person who is a driver of any vehicle carrying children to and from school shall, in

receiving or discharging children at the school, fail to stop the vehicle on the side of the highway

upon which the school is located.

Section 16-61806. Driving on Sidewalk.

(a) A person shall not drive a vehicle on a sidewalk area except on a permanent or duly

authorized temporary driveway.

(b) This Section does not apply to a motorized wheelchair, authorized emergency vehicle,

security vehicle or small service vehicle owned by a public authority or public service

corporation.

CHAPTER 19.

EQUI PM ENT

Section 16-61901. Scope and Effect of Regulations.

(a) It is a violation of this Chapter for any person to drive or move or for the owner to cause or

knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles

which is in such unsafe condition as to endanger any person, or which is not equipped with the

parts and equipment required in this Chapter.

(b) Nothing contained in this Chapter shall be construed to prohibit the use of additional parts

and accessories on any vehicle not inconsistent with the provisions of this Chapter.

implements of husbandry, road machinery or farm tractors.

(d) Farm tractors shall display lighted lamps when driven at the times mentioned in Section 1661902 of this Article.

Section 16-61902. When Lighted Lamps are Required.

(a) Every vehicle upon a highway within the Reservation at any time from a half hour after

sunset to a half hour before sunrise, and at any other time when there is not sufficient light to

render clearly discernible persons and vehicles on the highway at a distance of five hundred (500)

feet ahead, shall display lighted lamps and illuminating devices.

(b) The provisions of this Section do not apply to parked vehicles.

Section 16-61903. Equipment Required.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

All vehicles or combinations of vehicles driven or moved on the highways of the Reservation

shall meet the current equipment standards of the state within which the vehicle or combination

of vehicles is moved or driven.

Section 16-61904. Equipment Required on School Buses.

(a) Every bus used for the transportation of school children shall bear upon the front and rear

thereon a plainly visible sign containing the words "School Bus" in letters not less than eight (8)

inches in height.

(b) Every bus used for the transportation of school children shall be equipped in one of the

following ways:

(1)

Equipped with a signal with the word "Stop" printed on both sides in black letters

not less than five (5) inches high on a yellow background, which signal shall be not

less than twenty (20) inches long and shall be manually operated by the operator of

the school bus in such manner as to be clearly visible from both front and rear when

extended from the left of the body of the bus.

(2)

Equipped with two (2) illuminated red lamps on the front of the bus and an equal

number of the same type of lamps on the rear of the bus, such lamps to be not less

than the diameter of the headlight lamps of the bus, each set of said red lamps to

function by alternating blinking.

blinking lights specified in subsection (b)(2) of this Section shall be operated only when

passengers are being received or discharged from the bus.

CHAPTER 20.

I NSPECTI ON OF VEHI CLES; SI ZE, WEI GHT AND LOAD

RESTRI CTI ONS

Section 16-62001. Definition.

For the purposes of this Chapter 20, the term "designated officer" shall mean any member of the

Tribal Police Department and such other Tribal officials authorized by the Tribal Council to

perform the functions set forth in this Chapter.

Section 16-62002. I nspection by Designated Officers.

(a) Any designated officer, at any time and upon reasonable cause to believe that a vehicle is

unsafe or not equipped as required, or that its equipment is not in proper adjustment or repair,

may require the driver of the vehicle to stop and submit the vehicle to an inspection and such test

with reference thereto as may be appropriate.

(b) In the event the vehicle is found to be in an unsafe condition or any required part or

equipment is not present or is not in proper repair and adjustment, the designated officer shall

give a written notice to the driver. The notice shall require that the vehicle be placed in safe

condition and its equipment in proper repair and adjustment specifying the particulars with

reference thereto, and requiring that the vehicle be presented to the Tribal Police Department for

inspection and approval within five (5) days.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

subsequently operating said vehicle on any highway within the Reservation shall be in violation

of this Chapter 20.

Section 16-62003. Size, Weight and Load Restrictions; Scope and Effect of Requirements;

Limitations.

(a) It is a violation for any person to drive or move or for the owner to cause or knowingly

permit to be driven or moved on any highway within the Reservation any vehicle or vehicles or

combination of vehicles of a size or weight exceeding the limitations of the state in which the

vehicle is driven or moved.

(b) The provisions of this Chapter governing size shall not apply to fire apparatus, road

machinery, implements of husbandry or farm tractors temporarily moved upon a highway or to a

vehicle operated under the terms of a special permit issued pursuant to this Chapter or under

appropriate state law.

Section 16-62004. Designated Officers M ay Weigh Vehicles and Require Removal of

Excess Loads.

(a) Any designated officer, having reasonable cause to believe that the weight of a vehicle and

load is unlawful, is authorized to require the driver to stop and submit to a weighing of the same

by means of either portable or stationary scales and may require that the vehicle be driven to the

nearest public scales in the event such scales are within ten (10) miles.

(b) When a designated officer upon weighing a vehicle and load, as provided in subsection (a) of

this Section, determines that the weight is unlawful, the officer may require the driver to stop the

vehicle in a suitable place and remain standing until such portion of the load is removed as may

be necessary to reduce the gross weight of the vehicle to the limit as permitted under this

Chapter. All material so unloaded shall be cared for by the owner or operator of the vehicle at

the risk of the owner or operator.

weighing, or who fails or refuses when directed by a designated officer upon a weighing of the

vehicle to stop the vehicle and otherwise comply with the provisions of this Section, is in

violation of this Chapter and shall be subject to a Five Hundred Dollar ($500) fine.

Section 16-62005. Permits for Excess Size and Weight.

(a) The Tribes may in their discretion upon application in writing and good cause being shown

therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle

or combination of vehicles of a size or weight of vehicle or load exceeding the maximum

standards specified in this Chapter or otherwise not in conformity with the provisions of this

Chapter upon any highway under the jurisdiction of the Tribes.

(b) The application for any such permit shall specifically describe the vehicle or vehicles and

load to be operated or moved and the particular highways for which permit to operate is

requested, and whether the permit is requested for a single trip or for continuous operation.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

which the vehicles described may be operated on the highways indicated, or otherwise limit or

prescribe conditions of operation of the vehicle or vehicles when necessary to ensure against

undue damage to road foundations, surfaces or structures, and may require such undertaking or

other security as may be deemed necessary to compensate for any injury to any roadway or

structures.

(d) The Tribes may charge a fee for each permit issued pursuant to the provisions of this Section.

(e) A permit may be issued, subject to the provision of this Section, for moving a mobile home

on its own chassis, axles and wheels provided that such mobile home does not exceed fourteen

(14) feet in width, fourteen (14) feet in height and seventy (70) feet in length and in combination

with truck tractor or other towing vehicle does not exceed eighty-five (85) feet in length.

(f) In addition to all other remedies available at law, the Tribes may suspend or cancel, without

prior hearing but with a right to appeal to the Tribal Council within ten (10) days, any permit

issued pursuant to this Section whenever it is determined that the holder of the permit has

violated or failed to comply with any qualification, condition, restriction or limitation contained

within the permit, or has made false or misleading statements in order to secure such permit.

(g) Such a permit shall be carried in the vehicle or combination of vehicles to which it refers and

shall be open to inspection by any designated officer and no person shall violate any of the terms

or conditions of the special permit.

Section 16-62006. Liability for Damage to Highways or Structure.

(a) Any person driving any vehicle, object or contrivance upon any highway or highway

structure shall be liable for all damage which the highway or structure may sustain as a result of

any illegal operation, driving or moving of the vehicle, object or contrivance, or as a result of

operating, driving or moving any vehicle, object or contrivance weighing in excess of the

maximum weight in this Chapter but authorized under the provisions of Section 16-62005 of this

Article.

(b) When the driver is not the owner of the vehicle, object or contrivance, but is so operating,

driving or moving the same with the express or implied permission of the owner, the owner and

driver shall be jointly and severally liable for any damage.

CHAPTER 21.

ENFORCEM ENT

Section 16-62101. Civil Traffic Violations.

Any failure to comply with the provisions of this Article VI, except for the provisions set forth in

Sections 16-6301, 16-6302 and 16-6303 of Chapter 3, Sections 16-6601 and 16-6602 of Chapter

6, Sections 16-6704, 16-6705 and 16-06706 of Chapter 7, and Section 16-62202 of Chapter 22

shall be classified as a civil traffic violation. The fines or other civil penalties applicable to such

traffic violations shall be as set forth in the particular Sections violated, or as otherwise set forth

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

in Section 16-62102 of this Article.

Section 16-62102. Penalties Applicable to Civil Traffic Violations.

(a) Unless otherwise provided for by the provisions of this Article, any person adjudged to have

committed a civil traffic violation shall be subject to the following civil fines:

(1)

For a first violation, such person shall be fined not less than Fifty Dollars ($50), but

not more than Two Hundred Dollars ($200).

(2)

For subsequent violations committed within one (1) year after a previous violation

committed under this Article, such person shall be fined not less than One Hundred

Dollars ($100), but not more than Five Hundred Dollars ($500).

(b) Notwithstanding the provisions of subsection (a), a person adjudged to have violated the

provisions of Chapter 8 of this Article shall be fined in accordance with a fine schedule approved

by the Administrative Committee of the Tribes. Upon approval by the Administrative

Committee, such fine schedule shall be filed with and available for public examination at the

Court of the Tribes.

percent penalty surcharge. Said surcharge shall be used to offset the administrative costs of

enforcing this Article.

Section 16-62103. Commencement of Action.

(a) A civil traffic violation case is commenced by issuance of a civil traffic complaint as

provided in this Chapter.

(b) A civil traffic violation case shall be commenced either:

(1)

Within thirty (30) days of the alleged violation.

(2)

Within ninety (90) days if the alleged violation is under investigation in

conjunction with a traffic accident.

Section 16-62104. Service of Traffic Complaint.

(a) A civil traffic complaint may be served by delivering a copy of the citation to the person

charged with the violation or by any means authorized by the rules of civil procedure. At the

discretion of the issuing authority, a complaint for a violation issued after an investigation in

conjunction with a traffic accident may be sent by certified mail, return receipt requested,

delivered to addressee only to the address provided by the person charged with the violation.

Service of the complaint is complete on filing the receipt in the court.

(b) The original civil traffic complaint shall be filed in court within ten (10) court days of the

time the complaint was issued. A law enforcement officer may issue the civil traffic complaint.

disposed of only by trial in the Tribal Court or other official action by the Court, including

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

payment of a fine to the Court.

(d) It is official misconduct for any Tribal officer or public employee to dispose of a civil traffic

complaint, or of the record of the issuance of the same, in a manner other than as required by this

Chapter.

(e) The Clerk of the Tribal Court shall maintain or cause to be maintained, in connection with

every civil traffic complaint issued by a law enforcement officer, a record of the disposition of

the complaint by the court.

Section 16-62105. Subsequent Disposition.

The Tribal Court may forward to any appropriate state or federal agency a report stating the

disposition of any case concerning a violation of the provisions of this Article.

Section 16-62106. Service of Parking or Standing Complaint.

(a) This Chapter does not require that either the initial notification or a subsequent summons and

complaint for a parking or standing violation be issued or served as required by this Chapter.

(b) If it is necessary to issue a summons and complaint because there is not a satisfactory

response to the initial notice of a parking or standing violation, the summons and complaint may

be sent by regular mail. Service of the summons and complaint is complete on mailing.

Section 16-62107. Authority to Detain Persons.

A law enforcement officer may stop and detain a person as is reasonably necessary to investigate

an actual or suspected violation of this Article and to serve a copy of the traffic complaint for an

alleged civil or criminal violation of this Article.

Section 16-62108. Traffic Complaint; Proceedings.

(a) A person served with a civil traffic complaint shall:

(1)

Appear at the time and place stated in the complaint.

(2)

Admit or deny the allegations of the complaint.

(b) Allegations not denied at the time of appearance are deemed admitted. A fee shall not be

charged for the appearance.

a civil fine. The person may admit the allegations with an explanation, and then the court shall

enter judgment for the Tribes and impose a civil fine. In determining the civil fine, the court

shall consider the explanation submitted.

(d) If the person denies the allegations of the complaint the court shall set the matter for a

hearing. The hearing is informal and without a jury. At the hearing, the Tribes are required to

prove the violation charged by a preponderance of the evidence. Technical rules of evidence do

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

not apply, except for statutory provisions relating to privileged communications. If the person

elects to be represented by counsel the person shall notify the court at least ten (10) days before

the hearing date. Hearings may be recorded. If the court finds in favor of the person, the court

shall enter an order dismissing the allegation. If the court finds in favor of the Tribes, the court

shall enter judgment for the Tribes and shall impose a civil fine.

(e) If a person served with a civil traffic complaint alleging a violation of the Article fails to

appear at or before the time directed to appear or at the time set for a hearing by the court, the

allegations in the complaint are deemed admitted, and the court shall enter judgment for the

Tribes and impose a civil fine.

Section 16-62109. Witnesses.

The Tribes and the person charged with a civil traffic violation may subpoena witnesses.

Witnesses are not entitled to fees for appearing in connection with a civil proceeding.

Section 16-62110. Appeal.

A party may appeal the judgment of the court. The appeal may be made as provided by the rules

prescribed in Article II of this Code.

Section 16-62111. Failure to pay Civil Fine.

(a) A person shall pay all civil fines within thirty (30) days from entry of judgment, except that if

payment within thirty (30) days will place an undue economic burden on a person, the court may

extend the time for payment or may provide for installment payments.

(b) If the civil fine is not paid or an installment payment is not made when due, the court may

declare the entire civil fine due and, if so, the court shall notify any appropriate state or federal

agency of such failure to pay.

CHAPTER 22.

PROCEDURE UPON ARREST; REPORTS I N TRAFFI C CASES

Section 16-62201. When Person Arrested M ust Be Taken I mmediately Before Court.

If a person is arrested for any criminal offenses as set forth in this Article, the arrested person

shall be immediately taken before the Tribal Court in any of the following cases:

(a) When the person arrested demands an immediate appearance before the court.

(b) When the person is arrested upon a charge of an offense which resulted in the death or injury

of any person.

intoxicating liquor or drugs.

(d) When the person is arrested upon a charge of failure to stop in the event of an accident

causing death, personal injury or damage to property.

TRAFFIC CONTROL AND OPERATIONS OF VEHICLES

(e) When it reasonably appears to the law enforcement officer making the arrest that the person

arrested is about to leave the jurisdiction of the Tribes.

If a judge of the Tribal Court is not immediately available, a person arrested under the

circumstances described in subsections (a) through (e), inclusive, of this Section shall be held for

not more than thirty-six (36) hours pending availability of a judge, and for such longer period

under the circumstances and for the time prescribed in Section 204(f) of Article II of this Code.

Section 16-62202. When Person Arrested to be Given Five (5) Days Notice to Appear in

Court.

(a) When a person is arrested for any criminal offense as set forth in this Article, and the person

is not immediately taken before the court as required in Section 16-62201 of this Article, the

arresting officer shall prepare a written notice to appear in court. The notice to appear shall

contain the name and address of the person, the license number of his vehicle, if any, the offense

charged and the time and place when and where the person shall appear in court.

(b) The time specified in the notice to appear shall be at least five (5) days after the arrest unless

the person arrested demands an earlier hearing.

written promise to appear in court by signing at least one (1) copy of the written notice prepared

by the arresting officer. The law enforcement officer shall deliver a copy of the notice to the

person promising to appear. Thereupon, the law enforcement officer shall forthwith release from

custody the person arrested.

Section 16-62203. Violation of Promise to Appear.

(a) Any person willfully violating his written promise to appear in court, given as provided in

this Chapter, is guilty of a criminal offense regardless of the disposition of the charge for which

he was originally arrested.

(b) A written promise to appear may be complied with by an appearance by counsel for the

purposes only of entering a plea or motions, and of obtaining a trial setting, but not for conduct of

a trial or the imposing of sentence.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.