# TITLE VIII

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Aeastern_shoshone%3A8f3b92b9d0e4f41f

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

TITLE VIII
TRAFFIC CODE

CHAPTER 1

GENERAL PROVISIONS

Section 8-1-1

Jurisdiction

(1)
This Traffic Code shall apply to all persons subject to the jurisdiction of the
Shoshone and Arapaho Tribal Court who operate any motorized vehicles, motorcycles, allterrain vehicles, and bicycles within the Wind River Indian Reservation, including all hard
surfaced or all-weather roads and right-of-ways.
(2)
All matters arising under this Traffic Code shall be heard in the Shoshone and
Arapaho Tribal Court, except for persons under the age of 18 to be heard in the Children’ Court.
Section 8-1-2

Violation Not a Misdemeanor

Any violation of this Traffic Code is not a misdemeanor, except for reckless driving and
driving while under the influence of intoxicating beverages or drugs, and driving in violation of
court order.
Section 8-1-3

Fines, Costs and Payable Sentences

All monies collected under this Law and Order Code shall be paid into the Shoshone and
Arapaho Tribal Court Account and/or Budget
Section 8-1-4

Costs

Costs of $25.00 shall be imposed for each separate violation of the Traffic Code by the
court.
Section 8-1-5

Consent to Chemical Test of Blood, Breath or Urine Implied; Suspension
of License for Refusal to Take Test; When Suspension Effective

(1)
Any person who operates a motor vehicle upon a public street or highway is
deemed to have given consent, subject to the provisions herein, to a chemical test of his blood,
breath, or urine for the purpose of determining the alcoholic content of his blood if arrested and
officially charged for an offense as defined by the Tribal Traffic Code Section 8-3-9 Driving
While Under the Influence of Intoxicating Liquors or Drugs. The test or tests shall be incidental
to a lawful arrest and shall be given as promptly as possible after the arrest and be administered
at the direction of a law enforcement officer having probable cause to believe the person to have
been driving or in actual physical control of a motor vehicle upon a street or highway while
Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 1 of 18

under the influence of intoxicating liquor to a degree which renders him incapable of safely
driving the vehicle. The arrested person shall be told that his failure to submit to a chemical test
may result in the suspension of his privilege to operate a motor vehicle. The law enforcement
officer shall further advise the arrested person that he may go to the nearest hospital or clinic and
secure a test at his own expense or he shall have the test administered by a person at a place and
in a manner prescribed by the law enforcement agency and at the expense of the arresting
agency. If the arrested person elects to secure a test at his own expense, the results of the test
shall be made available to the arresting officer and to the arrested person. Disclosure of the test
results by the person administering it shall not be a violation of the doctor/patient relationship.
(2)
Any person who is dead, unconscious, or otherwise in a condition rendering him
incapable of refusal is deemed not to have withdrawn his consent provided by subsection (1) of
this section, and the test or tests may be administered by a physician or a qualified medical
technician in a clinical facility.
(3)
If a person under arrest refuses upon request of a law enforcement officer to
submit to a chemical test designated by the law enforcement agency as provided in subsection
(1) of this section, none shall be given, but upon the receipt of the law enforcement officer’
sworn report or statement that he had probable cause to believe the arrested person was driving
or was in actual physical control of a motor vehicle upon a public street or highway while under
the influence of intoxicating liquor to a degree which rendered him incapable of safely driving
such vehicle, and that the person refused to submit to the test upon the request of the law
enforcement officer, the Wyoming Motor Vehicle Division shall suspend his operator’s license
for a period of six (6) months subject to review as hereinafter provided.
(4)
No such suspension is effective until twenty (20) days after receipt by the arrested
person of written notice thereof submitted by certified mail to the last known address furnished
the Wyoming Motor Vehicle Division or a personal service. Failure to demand a hearing within
the twenty (20) day period is a waiver of the right of hearing, and the Wyoming Motor Vehicle
Division shall continue the suspension without further hearing. If demand for hearing is made,
the Wyoming Motor Vehicle Division shall establish a time and place for the hearing within
forty-five (45) days in the county where the arrested person resides, unless the Wyoming Motor
Vehicle Division and the arrested person agree that the hearing be held in some other county.
The prosecuting attorney shall give at least ten (10) days’ notice of the hearing to the arrested
person. Any hearing shall be conducted by a judge, hearing examiner or justice of the peace of
the county. It is the duty of the prosecuting attorney wherein the hearing is conducted to
represent the Wyoming Motor Vehicle Division in all proceedings and hearings in the matter.

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 2 of 18

CHAPTER 2

BICYCLES, ALL-TERRAIN VEHICLES, AND MOTORCYCLES

Section 8-2-1

Bicycle Violations

(1)
Definition: “Bicycle” means every device propelled solely by human power upon
which any person may ride having two tandem wheels.
(2)
Every person riding a bicycle upon a roadway is granted all of the rights and is
subject to all of the duties applicable to the driver of a vehicle except to those provisions which
by their nature can have no application.
(3)

Riding on a Bicycle:

a)
A person propelling a bicycle may not ride other than upon or astride a
permanent and regular seat attached thereto.
b)
No bicycle may be used to carry more persons at one time than the
number for which it is designed and equipped.
(4)
No person riding upon any bicycle, coaster, skates, sled, or toy vehicle may attach
the same or him or herself to any vehicle upon the roadway.
(5)

Riding on Roadway:

a)
Every person operating a bicycle upon a roadway 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 roadway may not ride more than two
abreast, except on areas within the jurisdiction not considered as roadways.
(6)
No person operating a bicycle may carry any package, bundle, or article which
prevents the driver from keeping at least one hand upon the handlebars.
(7)

Lamps and Other Equipment on Bicycles:

a)
Every bicycle when in use during the hours of darkness must be equipped
with a lamp on the front which emits a white light visible from a distance of at least 500
feet to the front and with a red reflector on the rear. A lamp emitting a red light visible
from a distance of five hundred feet to the rear may be used in addition to the red
reflector.

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 3 of 18

b)
Every bicycle must be equipped with a brake which will enable the
operator to make the braked wheels skid on dry, level, clean pavement.

(8)
Any violation of any of the foregoing provisions by any person shall be deemed
an offense, and upon conviction thereof, the guilty person shall be assessed a fine not less than
$50 and not to exceed $250.00. In the case of a violation of any of the foregoing provisions by
any minor, the adults or adults responsible for the care and custody of the minor may be subject
to a misdemeanor charge pursuant 7-3-4.
Section 8-2-2

Motorcycle Violations

(1)
Definition: “Motorcycles” means every motor vehicle having a seat or saddle for
the use of the rider and designed to travel on not more than three wheels.
(2)
A person operating a motorcycle shall ride only upon the permanent and regular
seat attached thereto and 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 person, in which event a
passenger may ride upon another seat firmly attached to the motorcycle at the rear or side of the
operator.
(3)
forward.

A person shall ride upon a motorcycle only while sitting astride the seat, facing

(4)
No person shall operate a motorcycle while carrying any package, bundle or other
article which prevents him from keeping both hands on the handlebars, or obstructs his vision or
interferes with safe operation of the motorcycle.
(5)
No operator shall carry any person, nor shall any person ride in a position that
will interfere with the safe operation or control of the motorcycle or the view of the operator.
(6)
All motorcycles are entitled to full use of a lane and no motor vehicle shall be
driven in such a manner as to deprive any motorcycle of the full use of a lane. This subsection
shall not apply to motorcycles operated two (2) abreast in a single lane.
(7)
The operator of a motorcycle shall not overtake and pass any vehicle except a
single motorcycle in the same lane occupied by the vehicle being overtaken.
(8)
No person shall operate a motorcycle between lanes of traffic, or between
adjacent lines or rows of vehicles.
(9)
Paragraphs (6) and (7) shall not apply to police officers in the performance of
their official duties.
Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 4 of 18

(10)

Motorcycles shall not be operated more than two (2) abreast in a single lane.

(11) No person riding upon a motorcycle shall attach himself or the motorcycle to any
other moving vehicle on a roadway.
(12) Any motorcycle carrying a passenger, other than in a sidecar of enclosed cab,
shall be equipped with footrests for the passenger.
(13) No person shall operate any motorcycle with handlebars more than fifteen inches
(15") in height above that portion of the seat occupied by the operator.
(14) No person shall operate or ride nor shall the operator permit a person to ride upon
a motorcycle unless he is wearing protective headgear securely fastened on his head and of a
type which complies with standards established by the American National Standard Institute.
This subsection shall not apply to persons riding within an enclosed cab.
(15) Any person operating a motorcycle shall have the headlamps of the motorcycle
activated at all times, including daylight hours.
(16) Operators of motorcycles operating in an officially authorized parade shall be
exempt from subsections (5) through (12).
(17) The standard for protective headgear shall meet or exceed the Z90.1-1971
standard of the American National Standards Institute. However, all existing equipment meeting
the Z90.l-1966 standard of the American National Standards Institute shall be accepted.
(18) No person shall drive a motorcycle upon any road on the Wind River Reservation
unless such person has a valid driver’s license, Class “M,” issued by the State of Wyoming in his
possession.
(19) Violation of any of the provisions of this ordinance shall be punishable by a fine
of not less than $100.00 and not to exceed $500.00
All-Terrain Vehicles Violations

Section 8-2-3
(1)

Definitions:

a)
“All Terrain Vehicle” (ATV) - means any motorized off-roadway vehicle,
traveling on three or more tires, designed for operator use with or without passengers.
b)

“Operate” - means to ride in or on and control of the ATV.

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 5 of 18

c)
of an ATV.

“Operator” - means a person who operates and is in actual physical control

d)
“Owner” - means a person other than a lien holder, having the property
ownership in or title to an ATV and entitled to its use.
(2)

Operation of All Terrain Vehicles:

a)
A person may not operate an ATV upon any roadway, roadway shoulder
in this jurisdiction unless the ATV is registered with the State of Wyoming and operated
by a person who is a licensed operator and who has the required liability insurance.
Exceptions apply for the purposes of animal husbandry, and usage as farming equipment.
b)
Any operator of an ATV may make a direct crossing of a roadway but
such operator shall:
i)
roadway.

First bring the ATV to a complete stop before crossing any

ii)

Yield the right of way to any motor-vehicle or pedestrian.

iii)

Cross the roadway only when such crossing can be made in safety.

c)
A person may not operate an ATV in the following ways which are
declared to be unsafe and a public nuisance.
i)

In any area which prohibits the use of ATV's.

ii)
In a careless, reckless or negligent manner so as to endanger the
person or property of another or to cause injury or damage to such person or
property.
iii)
Carrying more persons at one time than the number for which it is
designed and equipped.
iv)
Persons of the age of 18 may not operate or ride nor shall the
operator permit a person to ride unless wearing protective headgear securely
fastened on his/her head.
v)
substance.

While under the influence of intoxicating liquor or a controlled

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 6 of 18

vi)
In any school area, business area or area not owned by the operator
or his or her family (if a minor).
(3)
Any violation of any of the foregoing provisions by any person shall be deemed
an offense, and upon conviction thereof, the guilty person shall be assessed a fine not less than
$100 and not to exceed $500.00 and the ATV may be impounded and held until impoundment
fee in the amount of $100.00 is paid. In the case of a violation of any of the foregoing
provisions by any minor, the adults or adults responsible for the care and custody of the minor
may be subject to a misdemeanor charge pursuant 7-3-4.

CHAPTER 3

TRAFFIC OFFENSES

Section 8-3-1

Driving Without a License

(1)
No person shall drive a motor vehicle on the public highways without a valid
driver’s or chauffeur’s license in his possession.
(2)
Any person convicted of violating this section shall be fined not less than $100.00
and not more than $500.00
Section 8-3-2

Permitting an Unauthorized Minor to Drive

(1)
No person shall permit a child or ward to drive a motor vehicle on the public
highways, unless such minor is licensed to drive.
(2)
Any person convicted of violating this section shall be fined not less than $100.00
and not more than $500.00
Section 8-3-3

Driving Without Required Registration or With Vehicle in Unsafe
Condition

No person shall operate a motor vehicle on the roadways within the reservation unless
such vehicle is in good working order and adjustment as required by the laws of the State of
Wyoming and is in safe mechanical condition and complies with the registration and licensing
laws of the State of Wyoming.
Section 8-3-4

Driving Without Insurance

(1)
A person may not operate a motor vehicle without a valid insurance policy with
minimum liability insurance in effect in order to respond in damages for liability arising out of
the ownership, maintenance or use of that motor vehicle in the amount required by laws of the
State of Wyoming for the minimum amount of liability insurance required.
Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 7 of 18

(2)
Any person convicted of violating this section shall be fined an amount not less
than $100.00 and not more than $500.00 and any motor vehicle not covered by the minimum
amount of liability required may be impounded and held until proof of financial responsibility is
furnished.
Section 8-3-5

Starting, Turning and Stopping Without Regard to Safety

(1)
No person shall start a vehicle which is stopped, standing or parked unless and
until such movement can be made with reasonable safety.
(2)
No person shall turn a vehicle at an intersection unless the vehicle is in such
position on the highway that such movement can be made with reasonable safety and signal of
intention to turn right or left, when required, has been given continuously during not less than
the last one hundred feet (100') traveled by the vehicle before turning.
(3)
No person shall stop or suddenly decrease the speed of a vehicle without first
giving an appropriate signal to the driver of any vehicle immediately to the rear when there is
opportunity to give such signal.
(4)
The signals herein required shall be given either by means of the standard hand
and arm signals or by mechanical or electrical signal device.
(5)
Every driver of a vehicle approaching an intersection with a stop sign, or a
flashing red light, shall stop on the near side of the intersection, or railroad grade crossing, at the
point where he has a view of approaching traffic and shall not proceed until the intersection is
clear.
Section 8-3-6

Speeding

(1)
Every person operating or driving a vehicle of any character on a highway shall
drive in a careful and prudent manner and at a rate of speed no greater than is reasonable and
proper under the conditions existing and having regard for the actual and potential hazards then
existing. In any event, speed shall be so controlled 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 use due care.
(2)
Where no special hazard exists that requires lower speed for compliance with
paragraph (1), any speed not in excess of the posted speed limit for that area shall be lawful; but,
it is illegal for any person to drive at any speed in excess of the posted speed limit for that area.
(3)
The posted speed limit shall not apply to vehicles when operated with due regard
for safety under the direction of the police in the chase or apprehension of violators of the law or
of persons charged with or suspected of any such violation, nor to fire departments when
Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 8 of 18

traveling in response to a fire alarm, nor to public or private ambulances when traveling in
emergencies. This exemption shall not, however, protect the driver of any such vehicle from the
consequences of a reckless disregard of the safety of others.
(4)
Any person who drives a number of miles per hour (“mph”) in excess of the
maximum speed limit as posted as provided in this section, or at a speed greater than is
reasonable and proper under conditions then existing is guilty of speeding and upon conviction
thereof shall be sentenced to court costs and a fine associated with the mph over the posted speed
limit as follows:
a)

Scale
MPH Over
Posted Speed
Limit
1-5
6-9
10-16

10
11
12
13
14
15
16
17-21

17
18
19
20
21
22 & above

Fine

$60.00
$85.00
$60.00 +
$4.00/each mile
over limit
$100.00
$104.00
$108.00
$112.00
$116.00
$120.00
$124.00
$60.00 +
$6.00/each mile
over limit
$162.00
$168.00
$174.00
$180.00
$186.00
$250.00

(5)
Any person who drives a number of miles per hour (“mph”) in excess of the
maximum speed limit as posted in a construction zone shall be subject to a doubled fine per
section (4).
(6)
The court may impose up to $250.00 in additional fines against any person who
commits a third and subsequent offense within one year of their first offense.
Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 9 of 18

(7)
No person shall drive a motor vehicle at such a slow speed as to impede the
normal and reasonable movement of traffic except when reduced speed is necessary for safe
operation or in compliance with the law. Any person who violates this subsection may be
sentenced to a fine up to $250.00.
Section 8-3-7

Reckless Driving

(1)
Any person who drives any vehicle in willful or wanton disregard for the safety of
persons or property is guilty of reckless driving.
(2)
Every person convicted of reckless driving shall be punished be fine not less than
$250.00 and to not to exceed $1000.00, with costs, and may be deprived of the right to operate a
motor vehicle for a period not to exceed one (1) year.
Section 8-3-8

Aggravated Reckless Driving

(1)
A person who commits aggravated reckless driving if he or she drives a vehicle in
violation of the above section 8-3-7 reckless driving and causes and/or inflicts injury upon the
person of another.
(2)
Any person who is found guilty of an offense under this section may be punished
by imprisonment for a period of not more than ninety (90) days and shall be fined not less than
$500.00 nor to exceed a sum of $2000.00 and his or her privilege to operate a motor vehicle in
this jurisdiction shall be suspended for a period of not less than one year.
Section 8-3-9

Driving While Under the Influence of Intoxicating Liquors or Drugs

(1)
It is unlawful and punishable for any person who is under the influence of
intoxicating liquor, to a degree which renders him/her incapable of safely driving a motor
vehicle, motorcycle, all-terrain vehicle, to drive or have actual physical control of any vehicle
within the Wind River Indian Reservation.
(2)
Upon the trial of any criminal action or proceeding arising out of acts alleged to
have been committed by any person while driving a vehicle while under the influence of
intoxicating liquor, the amount of alcohol in the person’s blood at the time alleged as shown by
chemical analysis of the person’s blood, urine, breath, or other bodily substance shall give rise to
the following presumptions:
a)
If there was at the time .05% or more by weight of alcohol in the person’s
blood, it shall be presumed that the person was under the influence of intoxicating liquor,
to a degree which renders him incapable of safely driving a motor vehicle;

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 10 of 18

b)
Any person previously convicted of driving under the influence of
intoxicating liquors or drugs shall not operate a motor vehicle with any bodily alcohol
content (Blood Alcohol Content of .01%).
c)
Any person less than 21 years of age, whether licensed or not, shall not
operate a motor vehicle, if the person has any bodily alcohol content (Blood Alcohol
Content of .01%).
d)
The foregoing provisions of subsection (2) shall not be construed as
limiting the introduction of any other competent evidence bearing upon the question
whether the person was under the influence of intoxicating liquor.
(3)
It is unlawful and punishable as provided in subsection (4) of this section for any
person who is under the influence of any controlled substance or under the combined influence
of alcohol and any controlled substance, to a degree which renders him incapable of safely
driving a vehicle, to drive a vehicle on the Wind River Indian Reservation.
(4)
Every person convicted of their first (1st) violation of subsections (1) or (3) shall
be punished by:
a)

Imprisonment for not less than seven (7) days and not more than 90 days;

b)
A fine of not less than five hundred dollars ($500.00) and not more than
one thousand ($1000.00),
c)
Community service with a minimum of forty-eight (48) hours and not
more than ninety-six (96) hours,
d)
Loss of the right to operate a motor vehicle for not less than ninety (90)
days and not more than one(1) year.
(5)
Every person previously punished under subsection 4 and who is convicted of any
subsequent violation of subsections (1) or (3) shall be punished by:
a)
Imprisonment for period not less than thirty (30) days and not more than
one (1) year,
b)
A fine not less than seven hundred fifty dollars ($750.00) and not more
than two thousand dollars ($2,000.00);
c)
Community service with a minimum of seventy-two (72) hours and not
more than one hundred eighty (180) hours;

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 11 of 18

d)
Loss of the right to operate a motor vehicle for a minimum one (1) year
and not more than five (5) years.
(6)
The imprisonment sentence of any person convicted pursuant to subsection (1) or
(3) and previously pursuant to subsection (4) may be suspended if the convicted person:
a)
Completes a court-approved alcohol and drug safety, education, or
treatment program;
b)

Abstains from alcohol use for a minimum of one (1) year;

c)

Submits to random drug-testing; and

d)
Successfully completes a minimum period of probation of not less than
one (1) year, but no more than three (3) years.
e)
In the event the person convicted and punished pursuant to subsection (5)
who fails to successfully complete any of the subsections (6) (a)-(d) in lieu of
imprisonment shall have imprisonment sentence re-imposed, and immediately spend the
remainder of their sentence imprisoned.
Section 8-3-10

Safety Belt

(1)
Each driver and front seat passenger of a motor vehicle operated upon a highway
or other place open to the general public or generally accessible to motor vehicles, including an
area designated for the parking of vehicles, shall wear a properly adjusted and fastened safety
belt, except that a child less than four (4) years of age shall be protected by a child restraint
system as required in sub-section (3) of this Code.
(2)
Each driver of a motor vehicle transporting a child four (4) years of age or more
but less than sixteen (16) years of age in a motor vehicle shall secure the child in a properly
adjusted and fastened safety belt.
(3)

Child Restraint System Required.

a)
A driver transporting a child in a motor vehicle shall properly secure each
child in a child restraint system which meets the standards as follows:
i)

Any child less than one (1) year of age.

ii)
Any child one (1) year of age or more but less than four (4) years
of age, when transported in the front seat.

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 12 of 18

iii)
Any child one (1) year of age or more but less than four (4) years
of age, when transported in the rear seat; however, as an alternative, a child of this
age when transported in the rear seat may be secured by a safety belt provided in
the motor vehicle.
b)
This Section does not apply if the motor vehicle being driven is a bus,
school bus, taxi cab, motorcycle, or other motor vehicle not required to be equipped with
safety belts under federal law or regulation.
(4)
Any person who violates this Section shall be sentenced to a fine not less than
$50.00 and not to exceed $250.00.
Failure to Drive on Right Side of Roadway

Section 8-3-11

(1)
Upon all highways of sufficient width, the driver of a vehicle shall drive upon the
right half of the highway, except:
a)
direction; or

When overtaking and passing another vehicle proceeding in the same

b)
When the right half of the roadway is closed to traffic while under
construction or repair or sign posted for one-way traffic or other conditions.
(2)

No person shall at any time drive a vehicle to the left side of the roadway:

a)
When approaching the crest of a grade or upon a curve in the highway
where the driver’s view of the highway is obstructed within such distance as to create a
hazard in the event another vehicle might approach from the opposite direction;
b)
When approaching within one hundred feet (100') of or traversing any
intersection or railroad grade crossing; or
c)
When the view is obstructed upon approaching within one hundred feet
(100') of any bridge, viaduct, or tunnel.
Section 8-3-12

Following Too Closely

The driver of a motor vehicle shall not follow another vehicle more closely than is
reasonable and prudent, having due regard to the speed of such vehicle and the traffic upon and
the condition of the highway.

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 13 of 18

Section 8-3-13

Overtaking Without Regard for Safety

(1)
The driver of a vehicle overtaking another vehicle proceeding in the same
direction shall pass it at a safe distance to the left, and shall not again drive to the right side of
the roadway until safely clear of the overtaken vehicle.
(2)
The driver of an overtaken vehicle shall give way to the right in favor of the
overtaking vehicle on signal and shall not increase the speed of his vehicle until completely
passed by the overtaking vehicle.
(3)
No person shall drive a vehicle to the left side of the center line of a highway in
overtaking another vehicle unless such left side is clearly visible and is free from oncoming
traffic for a sufficient distance ahead to permit such overtaking to be made in safety. In every
event, the overtaking vehicle must return to the right-hand side of the roadway before coming
within one hundred feet (100') of any vehicle approaching from the opposite direction.
(4)
Section 8-3-14

No driver shall overtake another vehicle in a marked NO PASSING zone.
Failure to Stop for a School Bus Flashing Lights

(1)
Every driver shall stop before reaching a school bus receiving or discharging
school children when flashing lights are in operation, and shall not proceed until the school bus
resumes motion.
(2)
Any driver failing to stop and wait at such signal commits an offense and upon
conviction thereof shall be sentenced to a fine not less than $250.00 and not to exceed $500.00
Section 8-3-15

Failure to Give Right-of-Way

(1)
The driver of a vehicle about to enter or cross a highway from a private drive or
road shall yield the right-of-way to all vehicles approaching on the highway.
(2)
When two vehicles from different highways enter an intersection 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.
(3)
The driver of a vehicle within an intersection intending to turn left shall yield the
right-of-way to any vehicle approaching from the opposite direction which is so close as to
constitute an immediate hazard.
(4)
The driver of a vehicle approaching, but not having entered, an intersection, shall
yield the right-of-way to a vehicle already within such intersection and making a left turn,

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 14 of 18

provided the driver of the vehicle turning left has given a plainly visible signal of intention to
turn.
(5)
Upon the immediate approach of an authorized emergency vehicle making use of
audible or flashing light signals, the driver of every other vehicle shall yield the right-of-way and
shall immediately drive to a position as close as possible to the right-hand edge of the road and
stop until the emergency vehicle has passed. This provision 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.
(6)
The driver of any vehicle upon a highway within a business or residence district
shall yield the right-of-way to a pedestrian crossing at any marked or unmarked crosswalk at an
intersection.
Section 8-3-16

Stopping, Standing or Parking on Highway

(1)
No person shall park or leave standing any vehicle, whether attended or
unattended, upon the paved or unpaved or main traveled portion of any highway outside of a
business or residence district when it is practicable to park or leave such vehicle standing off of
the paved or unpaved or main traveled portion of such highway, but in every event, an
unobstructed width of highway opposite the standing vehicle shall be left free for the passage of
other vehicles and the vehicle must be clearly visible for a distance of five hundred feet (500') to
the drivers of vehicles approaching from either direction.
(2)
No person driving or in charge of a motor vehicle shall permit it to stand
unattended without first stopping the engine, locking the ignition, removing the key, and
effectively setting the brake thereon and, when standing upon any grade, turning the front wheels
to the curb or side of the highway.
(3)
Whenever any duly authorized law officer finds a vehicle standing upon a
highway in violation of this provision, he is hereby authorized to move such vehicle or require
the driver or person in charge of such vehicle to move such vehicle to the nearest place of safety.
Section 8-3-17

Coasting

No driver of a motor vehicle when traveling upon a down grade shall coast with the gears
of the vehicle in neutral or with the clutch manually disengaged.
Section 8-3-18

Obstruction to Driver’s View or Driving Mechanism

(1)
No person shall drive a vehicle when it is so loaded, or when there are in the front
seat such number of persons, exceeding three (3), as to obstruct the view of the driver to the

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 15 of 18

front or sides of the vehicle or as to interfere with the driver’s control over the driving
mechanism of the vehicle.
(2)
No passenger in a vehicle shall ride in such position as to interfere with the
driver’s view ahead or to the sides, or to interfere with his control over the driving mechanism of
the vehicle.
Section 8-3-19

Riding on Fenders, Bumpers or Running Boards

No driver shall permit passengers to ride on the fenders, bumpers of running boards nor
shall any passenger ride on the fenders, bumpers or running boards of a vehicle.
Section 8-3-20

Pedestrians on Roadways Without Regard for Safety

(1)
Every pedestrian crossing a roadway at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all
vehicles upon the roadway.
(2)
Where sidewalks are provided, it is unlawful for any pedestrian to walk along or
upon an adjacent roadway. Where sidewalks are not provided, a pedestrian walking along a
highway shall, when practical, walk only on the left side of the roadway or its shoulder facing
traffic which may approach from the opposite direction.
(3)
No person shall stand in a roadway for the purpose of soliciting a ride,
employment or business from the occupant of any vehicle.
(4)
No person shall walk upon or along the highway while under the influence of
intoxicating liquor.
Section 8-3-21

Putting Glass, Etc., on Highway

(1)
No person shall throw or deposit upon any highway any glass bottle, glass, nails,
tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such
highway.
(2)
Any person who drops, or permits to be dropped or thrown, upon any highway,
any destructive or injurious material shall immediately remove the same or cause it to be
removed.
(3)
Any person removing a wrecked or damaged vehicle from a highway shall
remove any glass or other injurious substance dropped upon the highway from such vehicle.

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 16 of 18

Section 8-3-22

Driving in Violation of an Order of the Court or While License is
Suspended

(1)
Any person whose right to operate a motor vehicle has been suspended and who
within the period fixed by the court’s order drives or attempts to drive a motor vehicle upon a
public highway is guilty of an offense.
(2)
Any person who is convicted of driving in violation of an order of the court shall
sentenced to imprisonment not to exceed 7 days or to a fine not less than $500.00 and not to
exceed $1000.00, or both such imprisonment and fine, with costs, and within the discretion of
the court may be further deprived of the right to operate a motor vehicle for an additional period
of one (1) year.
Section 8-3-23

Duties in the Event of Accident

(1)
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
immediately stop such vehicle at the scene of such accident or as close thereto as possible and
shall give his name, address, and the registration number of the vehicle he is driving and shall
upon request, and if available, exhibit his driver’s or chauffeur’s license to the person struck or
the driver or occupant of or person attending any vehicle collided with and shall render to any
person injured in such accident reasonable assistance, including arrangements for hospital or
medical attention.
(2)
The driver of any vehicle which collides with any vehicle which is unattended
shall immediately stop and shall then and there either locate and notify the operator or owner of
such vehicle of the name and address of the driver and owner of the vehicle striking the
unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice
giving the name and address of the driver and of the owner of the vehicle doing the striking and
a statement of the circumstances thereof.
(3)
The driver of any vehicle involved in an accident resulting only in damage to
fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to
locate and notify the owner or person in charge of such property of the accident and of his name
and address and of the registration number of the vehicle he is driving and shall upon request and
if available exhibit his operator’s or chauffeur’s license.
(4)
The driver of a vehicle involved in an accident resulting in injury to or death of
any person or property damage to another or others to an apparent extent of $50.00 or more
shall, as soon as practicable thereafter, give notice of such accident to the chief of police. If
more than $500.00, the driver must notify the Wyoming State Motor Vehicle Division within ten
(10) days.

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 17 of 18

(5)
Section 8-3-24

Violation of any of the requirements of this section shall be an offense.
Law Officers to Report Accidents

Every reservation law enforcement officer who, in the regular course of duty,
investigates a motor vehicle accident either at the time of and at the scene of the accident or
thereafter by interviewing the participants of witnesses shall, within twenty-four (24) hours after
completing such investigation, forward a written report of such accident to the chief of police.
Section 8-3-25

Penalties Not Otherwise Prescribed

Any person who is convicted of an offense enumerated in this code for which the penalty
is not otherwise prescribed shall be sentenced under this section to a fine not less than $100.00
and not to exceed $1000.00 for each such offense.
Section 8-3-26

Statute of Limitations

No prosecution shall be maintained under this code unless the action shall have been
commenced within twelve (12) months after the commission of the offense.

History: This current version of Title VIII, Traffic Code, replaces earlier versions of this Title. This current Code
was adopted by the Shoshone General Council on September 12, 2008; by the Arapaho Business Council on October
28, 2008; and by the Joint Business Council of the Shoshone and Arapaho Tribes on November 12, 2008.

Shoshone & Arapaho Law & Order Code
Title VIII Traffic Code
Nov. 1, 2004
Page 18 of 18

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Aeastern_shoshone%3A8f3b92b9d0e4f41f. Public record. Not legal advice.
