# WAGANAKISING ODAWAK STATUTE 2010-011 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A9e493243d608b3b4 ## Record - **Collection:** Tribal code - **Document type:** Tribal code ## Text WAGANAKISING ODAWAK STATUTE 2010-011 CIVIL TRAFFIC SECTION I. SHORT TITLE This Statute may be cited as the “Civil Traffic Statute”, and repeals and replaces any prior law, Statute or resolution. SECTION I. PURPOSE The purpose of this Statute is to establish a Civil Traffic Statute. SECTION UII. CREATION AND AUTHORITY The Tribal Council of the Little Traverse Bay Bands of Odawa Indians creates the Tribal Police Department as an Executive Department to protect the peace and safety of the Tribe and its Tribal Citizens and has the full authority to enforce all Sections within this Statute. SECTION IV. DEFINITIONS Terms used in this Statute shall have the meaning given to them in this Statute except where otherwise defined, and unless the context clearly indicates otherwise: A. “Alcoholic beverage” means any spirituous, vinous, malt or fermented liquor, liquors and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing one-half of one percent (% of 1%) or more alcohol by volume, which are fit for use for beverage purposes. B. “Authorized emergency vehicle” means fire, police, or ambulance of the Tribe or of any other foreign jurisdiction including federal, state or local governments including private ambulatory services. Civil Traffic Statute 1 of 104 Cc. “Bicycle” means every device propelled solely by human power upon which a person or persons may ride, having two tandem wheels either of which is sixteen inches or more in diameter, or three wheels, any one of which is more than twenty inches in diameter. D. “Camper” means a structure designed to be mounted upon a motor vehicle which provides facilities for human habitation or for temporary outdoor or recreational lodging and which is five feet or more in overall length and five feet or more in height from its floor to its ceiling when fully extended, but does not include motor homes. E. “Cancel” in all its forms, means invalidation indefinitely. F. “Center line” means the line, marked or unmarked, parallel to and equal distance from the sides of a two-way traffic road except where otherwise indicated by painted lines or markers. G. “Center of intersection” means the point of intersection of the center lines of intersecting public roads. H. “Combination of vehicles” means every combination of motor vehicle and motor vehicle, motor vehicle and trailer or motor vehicle and semitrailer. L “Commercial vehicle” means any vehicle whose principal use is transporting commodities, merchandise, produce, freight, animals, or passengers for hire. J. “Crosswalk” means the portion of the roadway between the intersection area and a line ten feet from the intersection, unless modified by a marked crosswalk. K. “Department” means the Little Traverse Bay Bands of Odawa Indians Law Enforcement Department. 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 or combustible units or other ingredients such that an ignition by fire, friction, concussion, percussion or detonation of any part of the compound mixture may generate Civil Traffic Statute 2 of 104 such highly heated gases that the resultant pressures are capable of damaging nearby objects or of destroying life or limb. M. “Farm tractor/Farm Vehicle” means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry used primarily in agricultural pursuits on farms for the purpose of transporting machinery, equipment, implements, farm products, supplies and/or farm labor and is only incidentally operated on or moved along public roads for the purpose of going from one farm to another. N. “Farming” means the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (except forestry or forestry operations), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices performed on a farm incident to or in conjunction with farming operations. oO. “Flammable liquid” means any liquid which has a flash point of 70° Fahrenheit, or less. P. “For hire vehicle” means any motor vehicle used for the transportation of persons for compensation, except auto stages and ride-sharing vehicles. Q. “Foreign Government” includes state, county, municipal, or other local public board or body having authority to adopt police or public safety regulations. R. “Governmental transit vehicle” includes every motor vehicle which is owned or operated by the Tribe or a foreign government that provides public transportation for the purpose of carrying passengers and incidental baggage and freight on a regular schedule. Ss. “Hours of darkness” means the hours from one-half hour after sunset to one-half hour before sunrise, and any other time when persons or objects may not be clearly seen from five hundred feet. T. “Intersection area" means the area included within the area in which vehicles traveling upon different roads joining at any angle may come in conflict. The junction of an alley with a street or road is not an intersection. Civil Traffic Statute 3 of 104 U. "Intersection control area" means intersection area, together with any modification of the adjacent roadway area resulting from the arc of curb corners and any marked or unmarked crosswalks adjacent to the intersection. Vv. “Lane road” means a road divided into clearly marked lanes for vehicular traffic. W. = “Law Enforcement Officer/ Officer” means Little Traverse Bay Bands of Odawa Indians Tribal Law Enforcement Officer or an Officer from a foreign government who is authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. X. “Legal owner” means a person having a security interest in a vehicle according to applicable Tribal, state or federal laws, or the registered owner of a vehicle without a security interest or the lessor of a vehicle without a security interest. Y. “Marked crosswalk” means any portion of a roadway identified for pedestrian crossing by lines or other markings. Z. “Mobile home, manufactured home” means a structure, designed and constructed to be transportable in one or more sections, built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, including plumbing, heating, and electrical systems. Manufactured home does not include a modular home. A structure which met the definition of a “manufactured home” at the time of manufacture is still considered to meet this definition even if it is no longer transportable. AA. “Moped” means a motorized device designed to travel with not more than three sixteen-inch or larger diameter wheels in contact with the ground, having fully operative pedals, and a motor that is capable of propelling the device at not more than thirty miles per hour on level ground. Any other vehicle properly licensed by an authorized state or federal authority may also be considered a moped. BB. “Motor homes” means motor vehicles originally designed, reconstructed, or permanently altered to provide facilities for lodging and cooking or sewage disposal, and Civil Traffic Statute 4 of 104 is enclosed within a solid body shell with the vehicle. A camper or like unit constructed separately and attached to a motor vehicle is not a motor home. CC. “Motor vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including an automobile, motor truck, motor home, motorcycle, or any other self-propelled except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except for the purpose of titling and registration of a mobile home. DD. “Motorcycle” means a motor vehicle designed to travel on not more than three wheels in contact with the ground, on which the driver rides astride the motor unit or power train and is designed to be steered with a handle bar. Farm tractors and mopeds are excluded. Or any motor vehicle authorized by a foreign government that is approved of and defined as a “motorcycle”. EE. “Muffler” means a device consisting of a series of chambers, or other mechanical designs which receives exhaust gas from an internal combustion engine and is effective in reducing noise. FF. “Multiple lane road” means any road wide enough to reasonably accommodate two or more separate lanes of traffic in the same direction, each lane not less than the maximum legal vehicle width, whether or not the lanes are marked. GG. “Operator or Driver” means every person who drives or is in actual physical control of a vehicle. HH. “Owner? means a person who has a lawful right of possession of a vehicle by reason of obtaining it by purchase, exchange, gift, lease, inheritance or legal action whether or not the vehicle is subject to a security interest. It means registered owner where the reference to owner may be construed as either to registered or legal owner. IL “Park or Parking” means the standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers. Civil Traffic Statute 5 of 104 JJ. “Passenger car” means every motor vehicle, except motorcycles, designed for carrying ten passengers or less and used for the transportation of persons. KK. “Pedestrian” means any person who is afoot or who is using a wheelchair or a means of conveyance propelled by human power other than a bicycle. LL. “Person” includes every natural person, firm, co-partnership, corporation, association, or organization. MM. “Pneumatic tires” includes every tire of rubber or other resilient material designed to be inflated with compressed air to support the load. NN. “Pole trailer” means every vehicle without power, designed to be attached to a towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregular shaped loads capable of sustaining themselves as beams between the supporting connections. OO. “Private carrier bus” means every motor vehicle having a seating capacity for eleven or more people, used regularly to transport people for any organized agricultural, religious or charitable purpose. This term does not include buses operated by common carriers. PP. “Private road or driveway” includes every place in private ownership used for travel of vehicles by the owner or those having express or implied permission from the owner, but not by other persons. QQ. “Registered owner” means the person whose lawful right of possession of a vehicle has most recently been recorded with a licensing department. RR. “Rental car” means a passenger car that is used solely by a rental car business for rental to others, without a driver provided by the rental car business, for periods of not more than thirty consecutive days. A “Rental car” does not include vehicles rented or loaned to customers by automotive repair businesses while the customer's vehicle is under repair; or vehicles licensed and operated as taxicabs. Civil Traffic Statute 6 of 104 SS. “Rental car business” means a person engaging in the business of renting rental cars. TT. “Residence district” means the area next to and including a public road not comprising a business district, when the property on the public road for a continuous distance of three hundred feet or more on either side is mostly improved with residences or residences and buildings in use for business. UU. “Revoke” in all its forms, means the invalidation for a period of one calendar year and thereafter until reissued. VV. “Right of way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to be in danger of a collision unless one gives way to the other. WW. “Road” means the entire width between the boundary lines of every way publicly maintained when any part is open to the use of the public for vehicular travel. XX. “Roadway” means that portion of a road improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though the sidewalk or shoulder is used by persons riding bicycles. YY. “Safety zone” means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is marked or indicated by painted marks, signs, buttons, standards, or otherwise. ZZ. “School bus” means every motor vehicle used regularly to transport children to and from school or in connection with school activities. AAA, “Semitrailer” includes every vehicle without power designed and constructed so that an appreciable part of its weight and that of its load rests on and is carried by a towing vehicle, motor vehicle, or truck tractor. Civil Traffic Statute 7 of 104 BBB. “Sidewalk” means that property between the curb lines or the edge of a roadway and the adjacent property, set aside and intended for the use of pedestrians or the portion of private property parallel and next to a public road and dedicated to use by pedestrians. CCC. “Solid tire” includes every tire of rubber or other resilient material which does not depend upon inflation with compressed air for the support of the load. DDD. “Stand or standing” means the stopping of a vehicle, occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. EEE. “Stop” when required, means complete cessation from movement. FFF. “Stop or stopping” when prohibited, means any halting even momentarily of a vehicle, occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of an Officer or traffic control sign or signal. GGG. “Suspend” in all its forms and unless a different period is specified, means invalidation for any period less than one calendar year and thereafter until reinstatement. HHH. “Territorial Jurisdiction of the Little Traverse Bay Bands of Odawa Indians” means “areas referenced in Public Law 103-324, 25 USC Section 1300k-2(b)(2)(A) as the boundaries of the reservations for the Little Traverse Bay Bands as set out in Article L, paragraphs ‘third and fourth’ of the Treaty of 1855, 11 Stat.621.” Little Traverse Bay Bands Constitution, Article V(A)(1)(a). Il. “Traffic” includes pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together, while using any public roads for purposes of travel. JJJ. “Traffic-control devices” means all signs, signals, markings and devices not inconsistent with this Statute, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. Civil Traffic Statute 8 of 104 KKK. “Trailer” includes every vehicle without power designed for being drawn by or used in conjunction with a motor vehicle constructed so that no appreciable part of its weight rests on or is carried by the motor vehicle. LLL. “Tribal Council” means the Legislative Branch of the Little Traverse Bay Bands of Odawa Indians Tribe. MMM. “Tribal Court” means the court within the Judiciary Branch of the Little Traverse Bay Bands of Odawa Indians Tribe. NNN. “Tribe” means the Little Traverse Bay Bands of Odawa Indians Tribe. OOO. “Used vehicle” means a vehicle which has been sold, bargained, exchanged, given away, or title transferred from the person who first took title to it from the manufacturer or first importer, dealer, or agent of the manufacturer or importer, and so used as to have become what is commonly known as “second-hand” within the ordinary meaning. PPP. “Wheelchair conveyance” means any vehicle specially manufactured or designed for the transportation of a physically or medically impaired wheelchair-bound person. The vehicle may be a separate vehicle used in lieu of a wheelchair or a separate vehicle used for transporting the impaired person while occupying a wheelchair. The vehicle shall be equipped with a propulsion device capable of propelling the vehicle. The Chief of Police may approve and define as a wheelchair conveyance, a vehicle that fails to meet these specific criteria but is essentially similar in performance and application to vehicles that do meet these specific criteria. SECTION V. LIABILITY OF OPERATOR, OWNER, LESSEE FOR VIOLATIONS A. Whenever an act or omission is declared to be in violation of this Statute, if the operator of the vehicle is not the owner or lessee of the vehicle, but is so operating or moving the vehicle with the express or implied permission of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this Statute with the primary responsibility to be that of the owner or lessee. Civil Traffic Statute 9 of 104 B. If the person operating the vehicle at the time of the violation or omission is not the owner or lessee of the vehicle, the person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee. SECTION VI. ALLOWING UNAUTHORIZED PERSON TO DRIVE It is a violation for the registered owner of a vehicle to knowingly permit another person to drive the vehicle when the other person is not a legally authorized driver. SECTION VIL. OPERATOR’S LICENSE, REGISTRATION, INSURANCE AND PLATES A. Operator’s License 1. No person shall operate a vehicle within the jurisdiction of the Tribe unless he or she has a valid operator’s license, chauffeur’s license or permit, issued to him or her by any jurisdiction recognized by the Tribe, on his or her person or within the vehicle being operated. 2. No person shall drive a motorcycle or a motor-driven cycle, except a moped, unless such person has a valid driver’s license specially endorsed by a jurisdiction recognized by the Tribe to enable the holder to drive such vehicles, nor may a person drive a motorcycle of a larger engine displacement than that authorized by the special endorsement. B. Registration of Vehicle 1. A certificate of license registration issued by the Tribe or other jurisdiction recognized by the Tribe for the limited purpose of this Section, to be valid must have endorsed thereon the signature of the registered owner (if a firm or corporation, the signature of one of its officers or other duly authorized agent) and must be carried in the vehicle for which it is issued. Civil Traffic Statute 10 of 104 2. It shall be a violation for any person to operate or have in his possession a vehicle without carrying thereon such certificate of license registration. Any person in charge of such vehicle shall, upon demand of an officer, permit an inspection of such certificate of license registration. 3. It shall be a violation for any person to sell or transfer any motor vehicle without having proper certificates of ownership. 4. A person may secure or obtain a certificate of ownership without obtaining a certificate of license registration and vehicle license plates, if the vehicle is not operated on a public road. Cc. Liability Insurance or Other Financial Responsibility Required 1. It shall be a violation for a person to operate a motor vehicle on roads within tribal jurisdiction without insurance under an acceptable motor vehicle liability policy, is self-insured, is covered by an acceptable certificate of deposit, or is covered by an acceptable liability bond. 2. “Acceptable” means, for purposes of this Section, an amount consistent with tribal law or that of a jurisdiction recognized by the Tribe for the limited purpose of this Section. Written proof of financial responsibility for motor vehicle operation must be provided on the request of an Officer. 3. It shall be a violation to fail to display an insurance identification card when asked to do so by an Officer and shall create a presumption that the person does not have motor vehicle insurance. 4. If a person cited for a violation of this Section provides evidence to the Tribal Court that shows that at the time the person was cited, he or she was insured then the court may dismiss the violation without cost or fine. 5. The provisions of this Section shall not apply to operation of a motorcycle, a motor-driven cycle, or a moped. Civil Traffic Statute 11 of 104 6. It shall be a violation for any person who knowingly provides false evidence of financial responsibility to an Officer or to a court, including an expired or canceled insurance policy, bond, or certificate of deposit. D. License Plate 1. It shall be a violation for a person to operate any vehicle over and along a public roadway without first obtaining and keeping in full force and effect a current and proper vehicle license plate and displaying the vehicle license plate properly registered to the vehicle and the current registered owner. 2. Exceptions. a. Farm vehicle[s] if operated within a radius of fifteen miles of the farm where principally used or garaged and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when the equipment has lights that comply with the law. b. "Special road construction equipment" which is designed and used primarily for grading of roads, paving of roads, earth moving, and other construction work on roads and which is only incidentally operated or moved over the road. c. Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilizing in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed or modified for the fueling, repairing or loading of spray and fertilizer applicator rigs and not used, designed or modified primarily for the purpose of transportation. d. Forklifts operated during daylight hours on public highways adjacent to and within five hundred (500’) feet of the warehouses they serve. 3. Attachment of Plates to Vehicles Civil Traffic Statute 12 of 104 a. Vehicle license number plates shall be attached conspicuously at the rear of the vehicle so it can be plainly seen and read at all times. b. It is unlawful to display a vehicle license number plate not legally issued to the vehicle or plate(s) which have been in any manner changed, altered, disfigured or have become illegible. c. It is unlawful to use any holders, frames, or any materials that in any manner change, alter, or make the vehicle license number plates illegible. E. Legal Owner Not Liable for Acts of Registered Owner The person, firm, co-partnership, association or corporation to whom a certificate of ownership has been issued shall not incur liability or be responsible for damage resulting from any act or contract made by the registered owner or by any person acting for, by or under the authority of the registered owner. F. Alteration or Forgery It shall be a violation for any person to alter, forge, or causes to be altered or forged any Operator’s License, Registration, Insurance and/or Plates, Certificate of Title, or any assignment thereof, or any release or notice of release of any encumbrance, or who holds or uses any certificate or assignment, or release or notice of release, knowing it to be altered or forged. SECTION VIII. PARKING PERMITS FOR PERSONS WITH DISABILITIES A. The Department may issue parking permits for persons who have a disability that limits or impairs the ability to walk. The issuance of such permit shall allow the person to park in designated “Disabled” parking spaces. B. Parking permits shall be in the form of a removable windshield placard and shall be displayed by hanging on the rear-view mirror when the vehicle is parked or in the form of a special license plate designated for persons with a Disability. Civil Traffic Statute 13 of 104 Cc. Any unauthorized use of the special placard or the special license plate is a violation. D. It shall be a violation to park a vehicle in a parking place provided for persons with permits, whether on private property without charge or on public property reserved for permit parking. The Department may remove such violating vehicles at the owner’s expense. SECTION IX. VEHICLE LIGHTING AND OTHER EQUIPMENT A. Violation L It shall be 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 any vehicle or combination of vehicles which is not equipped with the lamps and other equipment in proper condition and adjustment as mandated by this Statute. 2. Exceptions a. Farm vehicle[s] or other implements of husbandry, road machinery, road rollers, or farm tractors. b. motorcycles or motor-driven cycles except as specifically made applicable. B. Lighted Lamps and Signaling Devices Requirements Any person operating a motor vehicle shall display lighted head lights, other lights, and illuminating devices as required for different classes of vehicles, subject to exceptions with respect to parked vehicles any time from a half hour after sunset to a half hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible Civil Traffic Statute 14 of 104 at a distance of one thousand feet ahead. The stop lights, turn signals, and other signaling devices shall be lighted as prescribed for the use of the devices. Cc Visibility Distance and Mounted Height of Lamps Requirements 1. Whenever a requirement is declared as to distance from which certain lamps and devices shall render objects visible or within which the lamps or devices shall be visible, these provisions shall apply during the times that lights are required in respect to a vehicle without load, on a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated. 2. The mounted height of lamps or devices means from the center of the lamp or device to the level ground when the vehicle is without a load. 3. No additional lamp, reflective device, or other motor vehicle equipment shall be added which impairs the effectiveness of this standard. Head Lamps on Motor Vehicles Requirements 1. Any person operating a motor vehicle shall be equipped with at least two head lamps, with at least one on each side of the front of the motor vehicle, which comply with the requirements and limitations in this Statute. 2. Every head lamp upon every motor vehicle shall be located at a height of not more than fifty-four inches nor less than twenty-four inches. Tail Lamps Requirements 1. Any person operating a motor vehicle, trailer, semitrailer, pole trailer, and any other vehicle being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted during the time that lights are required, shall emit a red light plainly visible from a distance of one thousand feet to the rear, except that passenger cars manufactured or assembled prior to January 1, 1939, shall have at least one tail lamp. Civil Traffic Statute 15 of 104 2. With a combination of vehicles, only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable. 3. Every tail lamp upon every vehicle shall be located at a height of not more than seventy-two-inches but not less than fifteen inches. 4, Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be lighted whenever the headlamps or auxiliary driving lamps are lighted. F. Reflectors Requirements 1. Any person operating a motor vehicle, trailer, semitrailer, and pole trailer without carrying on the rear, either as a part of the tail lamps or separately, shall be equipped with two or more red reflectors. 2. Every reflector shall be mounted on the vehicle at a height not less than fifteen inches nor more than seventy-two inches, and shall be of a size and characteristics and so mounted as to be visible at night from all distances within six hundred feet to one hundred feet from the vehicle when directly in front of lawful upper beams of head lamps, except that reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be visible at night from all distances within three hundred and fifty feet to one hundred feet when directly in front of lawful upper beams of head lamps. G. Stop Lamps and Turn Signals Requirements 1. Any person operating a motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two or more stop lamps, except that passenger cars manufactured or assembled prior to January 1, 1964, shall be equipped with at Civil Traffic Statute 16 of 104 least one stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance required. 2. Every motor vehicle, trailer, semitrailer and pole trailer shall be equipped with electric turn signal lamps, except that passenger cars, trailers, semitrailers, pole trailers, and trucks less than eighty inches in width, manufactured or assembled prior to January 1, 1953, need not be equipped with electric turn signal lamps. H. Additional Equipment Required on Certain Vehicles 1. Any person operating a Bus, Truck, Motor Home, and Motor Vehicle with Mounted Camper Eighty Inches or More in Over-All Width shall be equipped as follows: a. On the front, two clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps. b. On the rear, two clearance lamps, one at each side, and after January 1, 1964, three identification lamps. c. On each side, two side marker lamps, one at or near the front and one at or near the rear. d. On each side, two reflectors, one at or near the front and one at or near the rear. 2. Trailers and Semitrailers Eighty Inches or More in Over-All Width: a. On the front, two clearance lamps, one at each side. b. On the rear, two clearance lamps, one at each side, and after January 1, 1964, three identification lamps. Civil Traffic Statute 17 of 104 e. On each side, two side marker lamps, one at or near the front and one at or near the rear. d. On each side, two reflectors, one at or near the front and one at or near the rear. e A mobile home need not be equipped with side marker lamps or reflectors while operated under the terms of a special permit. 3. Truck Tractors: On the front, two cab clearance lamps, one at each side, and on vehicles manufactured or assembled after January 1, 1964, three identification lamps. 4, Trailers, Semitrailers, and Pole Trailers Thirty Feet or More in Over-All Length: On each side, one amber side marker lamp and one amber reflector, centrally located with respect to the length of the vehicle. A mobile home need not be equipped with side marker lamps or reflectors while being operated under the terms of a special permit. 5. Pole Trailers: a. On each side, one amber side marker lamp at or near the front of the load. b. One amber reflector at or near the front of the load. c. On the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer. 6. Boat Trailers Eighty Inches or More in Overall Width: Civil Traffic Statute 18 of 104 a. One on each side, at or near the midpoint, one clearance lamp performing the function of both a front and rear clearance lamp. b. On the rear, after June 1, 1978, three identification lamps. a One on each side, two side marker lamps, one at or near the front and one at or near the rear. d. On each side, two reflectors, one at or near the front and one at or near the rear. e. Identification lamps required or permitted by this Statute shall be grouped in a horizontal row, with lamp centers spaced not less than six nor more than twelve inches apart, and mounted on the permanent structure of the vehicle as close as practicable to the vertical centerline. When the cab of a vehicle is not more than forty-two inches wide at the front roof line, a single identification lamp at the center of the cab complies with the requirements for front identification lamps. 7. Color of Lamps and Reflectors a. Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an amber color. b. Rear clearance lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. c. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop lamp or other signal device, which may be red, amber, or yellow, and except that on any vehicle forty or more years old, the taillight may also contain a blue or purple insert of not more than one inch in diameter, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp shall be white or amber. Civil Traffic Statute 19 of 104 8. Mounting of Reflectors and Lamps a. Required reflectors shall be mounted at a height not less than twenty-four inches and not higher than sixty inches, except that if the highest part of the permanent structure of the vehicle is less than twentyfour inches the reflector at that point shall be mounted as high as the permanent structure will permit. b. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load. c. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all the other reflector requirements of this Statute. d. Clearance lamps shall be mounted on the permanent structure of the vehicle so as to indicate the extreme height and width of the vehicle. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required by both. e@. No rear clearance lamp may be combined in any shell or housing with any tail lamp or identification lamp. 9. Visibility of Reflectors and Lamps a. Every required reflector on any vehicle shall be of a size and characteristics and maintained so as to be readily visible at nighttime from all distances within six hundred feet to one hundred feet from the vehicle when directly in front of lawful lower beams of head lamps, except that the visibility for reflectors on vehicles manufactured or assembled prior to January 1, 1970, shall be measured in front of the lawful upper beams of headlamps. b. Front and rear clearance lamps and identification lamps shall be capable of being seen and distinguished under normal atmospheric Civil Traffic Statute 20 of 104 conditions at the times that lights are required at all distances between five hundred feet and fifty feet from the front and rear, respectively, of the vehicle. ( Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times that lights are required at all distances between five hundred feet and fifty feet from the side of the vehicle. I. Obstructed Lights Not Required Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination. This does not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination be lighted. J. Lamps, Reflectors, and Flags on Projecting Load Requirement 1. When the load on any vehicle extends four feet or more beyond the rear of the bed or body of the vehicle during the time that lights are required, two red lamps, visible from a distance of at least five hundred feet to the rear; two red reflectors, visible at night from all distances within six hundred feet to one hundred feet to the rear when directly in front of lawful lower beams of headlamps and located so as to indicate maximum width; and, on each side, one red lamp, visible from a distance of at least five hundred feet to the side, located so as to indicate maximum overhang, shall be displayed at the extreme rear end of the load. 2. At all other times, any vehicle that has a load which extends beyond its sides or more than four feet beyond its rear, shall display red flags, not less than twelve inches square, marking the extremities of the loads at each point where a lamp would otherwise be required by this section when lights are required. K. Lamps on Parked or Stopped Vehicles Requirements Civil Traffic Statute 21 of 104 1. Every parked or stopped vehicle shall be equipped with one or more lamps which, when lighted, shall display a white or amber light visible from a distance of one thousand feet to the front, and a red light visible from a distance of one thousand feet to the rear of the vehicle. 2. The location of the lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. 3. Whenever a vehicle is parked or stopped on a roadway or shoulder, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of one thousand feet upon the highway, the vehicle shall be equipped with and shall display light visible from a distance of one thousand feet to the front, and a red light visible from a distance of one thousand feet to the rear of the vehicle 4. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed. L. Hazard Warning Lights and Reflectors on Farm Equipment Requirements 1. Every farm tractor and every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1970, shall be equipped with vehicular hazard warning lights visible from a distance of not less than one thousand feet to the front and rear in normal sunlight, which shall be displayed whenever any vehicle is operated upon a highway. 2. Every self-propelled unit of farm equipment or implement of husbandry manufactured or assembled after January 1, 1970, shall at all times, and every other motor vehicle shall during the time that lights are required, be equipped with lamps and reflectors as follows: a. At least two headlamps; Civil Traffic Statute 22 of 104 b. At least one red lamp visible when lighted from a distance of not less than one thousand feet to the rear mounted as far to the left of center of the vehicle as practicable; c. At least two red reflectors visible from all distances within six hundred to one hundred feet to the rear when directly in front of lawful lower beams of headlamps. 3. After January 1, 1970, every farm tractor and every self-propelled unit of farm equipment or implement of husbandry designed for operation at speeds not in excess of twenty-five miles per hour shall at all times be equipped with a slow moving vehicle emblem mounted on the rear. M. Lamps and Reflectors on Other Vehicles and Equipment Requirements 1. Animal-drawn vehicles are to be equipped with lamps or other lighting devices, shall, during the time that lights are required, be equipped with at least one lamp displaying a white light visible from a distance of not less than one thousand feet to the front, and shall also be equipped with two lamps displaying red light visible from a distance of not less than one thousand feet to the rear of the vehicle, or as an alternative, one lamp displaying a red light visible from a distance of not less than one thousand feet to the rear and two red reflectors visible from all distances of six hundred to one hundred feet to the rear when illuminated by the lawful lower beams of head lamps. 2. Every animal-drawn vehicle shall at all times be equipped with a slow- moving vehicle emblem. N. Spot Lamps and Auxiliary Lamps Requirements 1. Any motor vehicle may be equipped with not to exceed two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high intensity portion of the beam will strike the windshield, or any windows, mirror, or occupant of another vehicle in use. Civil Traffic Statute 23 of 104 2. Any motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height of not less than twelve inches nor more than thirty inches and so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall project to the left of the center of the vehicle at a distance of twenty-five feet ahead higher than a level of four inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams. 3. Any motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor more than forty-two inches. 4. Any motor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more than forty-two inches. Red Flashing Lights on Fire Department Vehicles Requirements All fire department vehicles in service may be identified by red lights of an intermittent flashing type, visible from both front and rear for a distance of five hundred feet under normal atmospheric conditions. The red flashing lights shall be well separated from the headlights so that they will not black out when headlights are on. The red flashing lights shall be in operation at all times when the vehicle is on emergency status. P. Firemen's Private Cars 1 Firemen, when approved by the chief of their respective service, are authorized to use a green light on the front of their private cars when on emergency duty only. The green light shall be visible for a distance of two hundred feet under normal atmospheric conditions. The use of the green light is only for the purpose of identification, and the operator of a vehicle so equipped is be entitled to any of the privileges provided the operators of authorized emergency vehicles. Civil Traffic Statute 24 of 104 2. Any sign or plate indicating fire department connection on a private car of any member of a fire department shall include the name of the municipality or fire department organization to which the owner belongs. 3. No private vehicle that bears a sign or plate indicating a fire department connection, shall be driven or operated on any public highway, except when the owner is a bona fide member of a fire department. 4. Any individual displaying a green light, or a sign or plate, shall also carry attached to a convenient location on the private vehicle to which the green light or sign or plate is attached, an identification card showing the name of the owner of the vehicle, the organization to which he or she belongs and bearing the signature of the chief of the service involved. Q. Warning Devices on Vehicles Requirements 1. Authorized emergency vehicles shall be equipped with at least one lamp capable of displaying a red light visible from at least five hundred feet in normal sunlight and a siren capable of giving an audible signal. 2. A school bus and private carrier bus shall be equipped with a "stop" signal upon a background not less than fourteen by eighteen inches displaying the word "stop" in letters of distinctly contrasting colors not less than eight inches high, and shall further be equipped with signal lamps mounted as high and as widely spaced laterally as practicable, which shall be capable of displaying to the front two alternately flashing red lights located at the same level and to the rear two alternately flashing red lights located at the same level and these lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight. 3. Vehicles operated by public agencies whose law enforcement duties include the authority to stop and detain motor vehicles on the public highways may be equipped with a siren and either red or blue lights of a type designated for that purpose. 4. The lights described in this section shall not be mounted nor used on any vehicle other than a school bus, a private carrier bus, or an authorized emergency Civil Traffic Statute 25 of 104 or law enforcement vehicle. Optical strobe light devices shall not be installed or used on any vehicle other than an emergency vehicle authorized by the Chief of Police. 5. The use of the signal equipment described herein, used in conjunction with emergency equipment, shall impose upon drivers of other vehicles the obligation to yield right of way and stop. Signs on Buses Requirements 1. Every school bus and private carrier bus shall bear upon the front and rear, above the windows, plainly visible signs containing only the words "school bus" on a school bus and only the words "private carrier bus" on a private carrier bus, in letters not less than eight inches in height. 2. Every school bus shall, in addition to any other equipment required by this Statute, be equipped with a crossing arm mounted to the bus that, when extended, will require students who are crossing in front of the bus to walk more than five feet from the front of the bus. Emergency Tow Trucks Requirements All emergency tow trucks shall be identified by an intermittent or revolving red light capable of 360° visibility at a distance of five hundred feet under normal atmospheric conditions. This intermittent or revolving red light shall be used only at the scene of an emergency or accident, and it is unlawful to use the light while traveling to or from an emergency or accident, or for any other purposes. T. Stop Lamps and Electric Turn Signals Requirements 1. Any vehicle may be equipped and when required under this Statute shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet and on any vehicle manufactured or assembled after January 1, 1964, three hundred feet to the rear in normal Civil Traffic Statute 26 of 104 sunlight, and which shall be actuated upon application of a service brake, and which may but need not be incorporated with one or more other rear lamps. 2. Any vehicle may be equipped and when required, shall be equipped, with electric turn signals mounted on the same level and as widely spaced laterally as practicable, which indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall, when signaling, emit amber light. On any vehicle manufactured prior to January 1, 1969, the lamps showing to the front may emit white or amber light, or any shade of light between white and amber. The lamp showing to the rear shall, when signaling, emit a red or amber light, or any shade of color between red and amber. 3. Turn signal lamps shall be visible from a distance of not less than five hundred feet to the front and rear in normal sunlight. Turn signal lamps may, but need not, be incorporated in other lamps on the vehicle. U. Additional Lighting Equipment Optional 1. Any motor vehicle may be equipped with: a. Not more than two side cowl or fender lamps which shall emit an amber or white light without glare. b. Not more than one running-board courtesy lamp on each side which shall emit a white or amber light without glare. e. One or more back-up lamps either separately or in combination with other lamps, but any back-up lamp or lamps shall not be lighted when the motor vehicle is in forward motion. d. One or more side marker lamps, and any such lamp may be flashed in conjunction with turn or vehicular hazard warning signals. Side marker lamps located toward the front of a vehicle shall be amber, and side marker lamps located toward the rear shall be red. Civil Traffic Statute 27 of 104 2. Any vehicle eighty inches or more in over-all width, if not otherwise required, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Vv. Hazard Warning Lamps Requirements 1. Any vehicle may be equipped with lamps for the purpose of warning operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking, or passing. 2. After June 1, 1978, every motor home, bus, truck, truck tractor, trailer, semitrailer, or pole trailer eighty inches or more in overall width or thirty feet or more in overall length shall be equipped with lamps meeting the requirements of this section. 3. Vehicular hazard warning signal lamps used to display the warning to the front shall be mounted at the same level and as widely spaced laterally as practicable, and shall display simultaneously flashing white or amber lights. On any vehicle manufactured prior to January 1, 1969, the lamps showing to the front may display simultaneously flashing white or amber lights, or any shade of color between white and amber. The lamps used to display the warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than five hundred feet in normal sunlight. W. Multiple-Beam Road-Lighting Equipment Requirements Except as provided, the head lamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles shall be so arranged that the driver may select at will between distributions of light projected to different elevations, and the lamps may be arranged so the selection can be made automatically subject to the following limitations: Civil Traffic Statute 28 of 104 1. There shall be an upper distribution of light so aimed and of such intensity as to reveal persons and vehicles at a distance of four hundred fifty feet ahead for all conditions of loading. 2. There shall be a lower distribution of light so aimed and of sufficient intensity to reveal persons and vehicles at a distance of one hundred fifty feet ahead; and on a straight level road under any conditions of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver. 3. Every motor vehicle which has multiple-beam road-lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the upper distribution of light from the head lamps is in use, and shall not otherwise be lighted. This indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped. Xx. Use of Multiple-Beam Road-Lighting Equipment Requirements Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the time that lights are required, the driver shall use a distribution of light directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations: 1 Whenever a driver of a vehicle approaches an oncoming vehicle within five hundred feet, the driver shall use a distribution of light aimed so that the glaring rays are not projected into the eyes of the oncoming driver. The lower distribution of light shall be deemed to avoid glare at all times, regardless of road contour and loading. 2. Whenever the driver of a vehicle approaches another vehicle from the rear within three hundred feet the driver shall use a distribution of light permissible under this Statute other than the upper distribution of light. Y. Single-Beam Road-Lighting Equipment Requirements Civil Traffic Statute 29 of 104 Head lamp systems which provide only a single distribution of light are permitted on all farm tractors regardless of date of manufacture, and on all other motor vehicles manufactured and sold prior to one year after March 18, 1955, in lieu of multiple-beam road-lighting equipment if the single distribution of light complies with the following requirements and limitations: 1. The head lamps shall be aimed so that when the vehicle is not loaded none of the high intensity portion of the light shall at a distance of twenty-five feet ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches above the level on which the vehicle stands at a distance of seventy-five feet ahead. 2. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two-hundred feet. Special Restrictions on Lamps Requirements 1. Except as required by this Statute, no person shall drive or move any vehicle or equipment upon any highway with any lamp or device displaying a red light visible from directly in front of the center of the vehicle. 2. Flashing lights are prohibited except those required by this Statute. SECTION X. BRAKING EQUIPMENT REQUIRED A. Violation 1. It shall be a violation for a vehicle and combination of vehicles that is not equipped with service brakes adequate to control the movement of and to stop and hold the vehicle under all conditions of loading, and on any grade incident to its operation, unless indicated otherwise. 2. It shall be a violation for a vehicle and combination of vehicles that is not equipped with parking brakes adequate to hold the vehicle on any grade on which Civil Traffic Statute 30 of 104 [OCR skipped on page(s) 31-104] [Read from a scan; the first 30 pages.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Alittle_traverse%3A9e493243d608b3b4. Public record. Not legal advice.