SAC AND FOX NATION TRIBAL CODE

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TITLE 6A ARTICLE 1

TITLE 6A

CIVIL INFRACTIONS

ARTICLE 1

TRAFFIC OFFENSES

Section 101. Definitions.

(a) The term “motor vehicle” shall mean every device in, upon, or by which any

person or property is or may be drawn or transported upon a public road and which device is

self-propelled, but not including any vehicle which is an implement of husbandry and is

designed principally for construction or maintenance purposes excepting trucks.

(b) A “public road” shall be defined as the entire width between the boundary lines

of every right of way within the exterior boundaries of the Tribal jurisdiction which is

maintained by any governmental agency, and when open to the use of the public, is for the

purpose of travel by motor vehicles.

{History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW #T 6 § 101]

Section 102. Driving While License is Suspended or Revoked.

(a) It shall be unlawful to drive any motor vehicle upon any public road at a time

when one’s driver’s license or permit or other driving privilege has been denied, suspended,

canceled or revoked by any State or Indian Tribe, or when one’s driving privilege has been

suspended by the Tribal Court.

(b) Driving While License is Suspended or Revoked is punishable by a fine not to

exceed two hundred and fifty dollars ($250.00), or by suspension or revocation of one’s

driver’s license, or both.

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 102]

Section 103. Careless Driving.

(a) It shall be unlawful to operate any motor vehicle upon any public road in a

careless or imprudent manner, without due regard for the width, grade, curves, corners, traffic,

or existing weather conditions, and the use being made of such road or other attendant

circumstances.

(b) Careless driving shall be punishable by a fine not to exceed two hundred and

fifty dollars ($250.00).

TITLE 6A—CIVIL INFRACTIONS

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 103]

Section 104. Reckless Driving.

(a) It shall be unlawful to drive any motor vehicle upon any public road within the

Tribal jurisdiction in such a manner as to indicate either a wanton or willful disregard for the

safety of persons or property.

(b) Reckless driving shall be punishable by a fine not to exceed two hundred fifty

dollars ($250.00), or by suspension of driving privileges for a period not to exceed one (1) year

or both.

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 104]

Section 105. Driving While Intoxicated.

(a) It shall be unlawful to drive or be in actual physical control of any motor vehicle

upon any private or public road within the tribal jurisdiction while under the influence of

intoxicating liquor or controlled dangerous substances or any other drugs which impair the

ability to control or operate a vehicle.

(b) A person is presumed to be under the influence of intoxicating liquor if there is

0.1% or more of alcohol in the blood by weight, and a person is presumed not to be under the

influence if there is less than 0.05% of alcohol in their blood by weight. Between such

percentages, results of tests showing such fact may be received in evidence with other tests or

observations for consideration by the Court or jury. A breath or blood test must be

administered with the consent of the subject by a qualified operator using a properly

maintained apparatus in order to be admissible, provided that if any person refuses to take such

test when requested to do so by an Officer having a reasonable suspicion that such person may

be intoxicated, the person’s driving privileges within the Tribal jurisdiction shall be suspended

by the Court for a period of six (6) months whether or not such person is convicted of any

offense. Such suspension is mandatory.

hundred dollars ($500.00), or by suspension of driving privileges for a period not to exceed

two (2) years or both. For a second or subsequent conviction under this Section or a violation

resulting in serious injury, a term of banishment may be imposed for a period not less than one

(1) year nor more than five (5) years, in addition to the above mentioned punishments.

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 105]

Section 106. Duties of Drivers Involved in Accidents Involving Deaths or Personal

Injuries.

TITLE 6A—CIVIL INFRACTIONS

(a) It shall be unlawful for the driver of any motor vehicle directly involved in an

accident resulting in injury to or death of any person or damage to any other moving or attended

vehicle to fail to immediately stop his vehicle at the scene of the accident or as close thereto as

possible; or fail to return to and remain at the scene of the accident and render such aid and

assistance as may be necessary in the circumstances; or fail to give his name, address, and the

registration number of his motor vehicle and his operator’s or chauffeur’s license number and

security verification information to all other drivers involved in the accident; or fail to render

to any injured person such assistance as may be necessary in the circumstances; or fail to notify

or have another notify the Tribal Police of the accident and its location as soon as possible.

(b) Failure to perform the Duties of Drivers Involved in Accidents Involving

Deaths or Personal Injuries shall be punishable by a fine not to exceed five hundred dollars

($500.00), or by suspension of driving privileges for a period not to exceed one (1) year, or

both.

{History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW #T 6 § 106]

Section 107. Duty Upon Striking Unattended Vehicle.

(a) It shall be unlawful for the driver of any motor vehicle which collides with any

unattended vehicle to fail to immediately stop and attempt to locate and notify the operator or

owner of such vehicle of both the name and address of the driver and owner of the vehicle

striking the unattended vehicle; or to fail to leave securely attached in a place where it may be

easily seen in the vehicle struck, a written notice giving the name and address of the driver and

the circumstances thereof; or to fail to inform the Tribal Police of the accident and its location

as soon as possible.

(b) Failure to perform the duty of a driver upon striking an unattended vehicle shall

be punishable by a fine not to exceed two hundred and fifty dollars ($250.00),or by suspension

of driving privileges for a period not to exceed one (1) year.

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 107]

Section 108. Duty Upon Striking Highway Fixtures.

(a) It shall be unlawful for the driver of any motor vehicle involved in an accident

resulting only in damage to fixtures legally upon or adjacent to a highway to fail to take

reasonable steps to locate and notify the owner or person in charge of such property of such

fact and his name and address and of the registered number of the vehicle he is driving; or to

fail to report such accident to the Tribal Police as soon as possible.

(b) Failure to perform the duty of a driver upon striking highway fixtures shall be

punishable by a fine not to exceed two hundred and fifty dollars ($250.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 108]

TITLE 6A—CIVIL INFRACTIONS

Section 109. When Driver Unable to Report.

(a) It shall be unlawful for another occupant in the vehicle at the time of the

accident who is capable of making the report to fail to do so when the driver of the vehicle is

physically unable to make the required accident report to the Tribal Police.

(b) Failure to make such a report shall be punishable by a fine not to exceed one

hundred dollars ($100.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 109]

Section 110. Driver’s License in Possession.

(a) It shall be unlawful to operate a motor vehicle upon any private or public road

within the Tribal jurisdiction without possession of a valid Federal, Tribal, or State operator’s

license, chauffeur’s license, or permit, which must be exhibited upon demand by an authorized

person.

(b) Failure to have a driver’s license in possession shall be punishable by a fine not

to exceed one hundred dollars ($100.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 110]

Section 111. Permitting Unauthorized Person to Drive.

(a) It shall be unlawful to knowingly cause or permit any unauthorized person to

operate a motor vehicle upon any public road.

(b) Permitting an unauthorized person to drive shall be punishable by a fine not to

exceed one hundred dollars ($100.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW #T 6 § 111]

Section 112. Traffic Control and Signal Devices.

(a) It shall be unlawful to turn a vehicle from a direct course on a public road until

such movement can be made with safety, and then only after giving an appropriate signal,

either by hand or arm or by a directional signal device.

(b) Failure to properly signal shall be punishable by a fine not to exceed twenty

dollars ($20.00).

enforcement officer. Failure to obey a lawful command shall be punishable by a fine not to

exceed twenty dollars ($20.00).

({History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

TITLE 6A—CIVIL INFRACTIONS

PUBLIC LAW #T 6 § 112]

Section 113. Following Too Closely.

(a) It shall be unlawful to follow another vehicle more closely than is reasonable

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

of the highway.

(b) Following too closely shall be punishable by a fine not to exceed twenty dollars

($20.00).

{History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW #T 6 § 113]

Section 114. Failure to Stop for a School Bus.

(a) It shall be unlawful when meeting or overtaking from either direction any

school bus which has stopped for the purpose of receiving or discharging passengers, to fail to

stop immediately and not proceed again until all passengers are received or discharged and the

bus is again in motion.

(b) Failure to stop for a school bus shall be punishable by a fine not to exceed thirty

dollars ($30.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 114]

Section 115. Entering Public Road from Private Road.

(a) It shall be unlawful for the driver of a motor vehicle about to enter or pass a

public road from a private road or driveway to fail to yield the right of way to all vehicles

approaching on said public road.

(b) Failure to yield the right of way when entering a public road from a private road

shall be punishable by a fine not to exceed twenty dollars ($20.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 115]

Section 116. Right of Way at Intersection.

(a) It shall be unlawful for the driver of a motor vehicle approaching an intersection

to fail to yield the right of way to any vehicle approaching from the right, unless otherwise

directed by sign, traffic light, or a proper official directing traffic.

(b) Failure to yield the right of way at an intersection shall be punishable by a fine

not to exceed twenty dollars ($20.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 116]

TITLE 6A—CIVIL INFRACTIONS

Section 117. Failure to Stop at Stop Sign and Yielding Right of Way.

(a) It shall be unlawful for the driver of a motor vehicle to fail to come to a complete

stop at all intersections marked by a stop sign before entering the intersection, unless otherwise

directed by an officer directing traffic.

(b) Failure to stop at a stop sign or to yield the right of way shall be punishable by

a fine not to exceed one hundred dollars ($100.00)

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 116]

Section 118. Driving on Right Side.

(a) It shall be unlawful to fail to drive on the right half of the roadway, except when

overtaking and passing another vehicle proceeding in the same direction.

(b) Failure to drive on the right side shall be punishable by a fine not to exceed

twenty dollars ($20.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 118]

Section 119. Passing Oncoming Vehicle.

(a) It shall be unlawful for drivers proceeding in opposite directions to fail to pass

each other to the right and to give to the other at least half of the main traveled portion of the

roadway.

(b) Improper passing of oncoming vehicles shall be punishable by a fine not to

exceed twenty dollars ($20.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW #T 6 § 119]

Section 120. Passing and Turning on Curve or Crest.

(a) It shall be unlawful to pass a vehicle going in the same direction unless the

driver can see the road for sufficient distance ahead to pass safely and such passing can be

accomplished safely without colliding with oncoming traffic.

(b) It shall be unlawful for a vehicle to be driven so as to pass or turn in any

direction on a curve or crest or on any approach to a crest or on a bridge on any approach to a

bridge unless such vehicle can pass or be turned safely and seen by traffic approaching from

either direction.

twenty dollars ($20.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

TITLE 6A—CIVIL INFRACTIONS

PUBLIC LAW # T 6 § 120]

Section 121. Unsafe Vehicles.

(a) It shall be unlawful for any person to drive or cause or knowingly permit to be

driven on any public road any motor vehicle which is in such unsafe condition so as to endanger

any person or is not at all time equipped with the following:

(1) HEADLIGHTS: One on each side of the front of the motor vehicle,

said lights to be multi-beam so that the driver can adjust lights from bright to dim, and such

lights must be in proper working order at all times so as to be seen by oncoming traffic for a

reasonable distance during hours of darkness or other times when lights conditions require the

use of headlights.

(2) REAR LAMPS: One lighted red lamp on each side of the back of the

motor vehicle that will be plainly visible for a reasonable distance to the rear, and such lamp

must be in proper working order at all times.

(3) STOP LIGHTS: All motor vehicles shall be equipped with a stop light

in good working order at all times, such stop lights to be automatically controlled by brake

adjustment.

(4) BRAKES: Every motor vehicle shall be equipped with brakes adequate

to control the movement of and to stop and hold such vehicle.

(5) HANDBRAKE: Every motor vehicle shall be equipped with a

handbrake.

(6) HORN: Every motor vehicle shall be equipped with a horn in good

working order.

(7) | WINDOWS UNOBSTRUCTED - WIPERS: No person shall drive any

motor vehicle with any sign or other nontransparent material upon the windshield, side wings,

side or rear windows of such vehicle that would obstruct the driver’s view other than a paper

or certificate required to be so displayed by law. The windshield on every motor vehicle shall

be equipped with a device for cleaning rain, snow, or other obstructions from the windshield

and must be in proper working order at all times.

(8) LICENSE TAG LIGHT: All motor vehicles shall be equipped with a

rear tag light in good working order at all times.

(9) | PROOF OF VEHICLE INSPECTION TO BE DISPLAYED: All motor

vehicles shall display a valid state motor vehicle inspection decal.

(b) Violation of any provision of this Section is punishable by a fine not to exceed

ten dollars ($10.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW #T 6 § 121]

Section 122. Speed Limits.

(a) Speed limits on any public road shall be set by the Tribal Police Chief. Speed

limits may be posted at such places and at such maximum allowable speeds as deemed

necessary by the Chief of Tribal Police.

TITLE 6A—CIVIL INFRACTIONS

(b) In any area of the Tribal jurisdiction where the speed limit is not posted and

where no special hazard exists, the following speeds shall be lawful, but any speed in excess

of said limits shall be prima facie evidence that the speed is not reasonable or prudent and that

it is unlawful.

(1) School zones, grounds, and crossing, designated areas — 20 MPH

(2) Residential areas — 30 MPH

(3) Open highway — 55 MPH

It shall be unlawful to exceed the above limits, the limits posted by authority of the Chief of

the Tribal Police, or a speed which is reasonable and proper under the conditions prevailing

upon the roadway.

facie limits does not relieve the driver from the duty of all persons to use due care.

(d) Exceeding the speed limit or operating a motor vehicle at a speed which is not

reasonable and proper shall be punishable by a fine not to exceed the following amounts:

(1) A fine of sixty dollars, ($60.00) plus court costs for speeds in excess of 1-10

miles over the posted speed limit.

(2) A fine of ninety dollars ($90.00) plus court costs for speeds in excess of 11-20

miles over the posted speed limit.

(3) A fine of one hundred and twenty dollars ($120.00) plus court costs for speeds

in excess of 21-30 miles over the posted speed limit.

(4) A fine of one hundred fifty dollars ($150.00) plus court costs for speeds in

excess of 31-40 miles over the posted speed limit.

(5) A fine of one hundred eighty dollars ($180.00) plus court costs for speeds in

excess of 41 miles over the posted speed limit.

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 122]

Section 123. When Lights are Required to be On.

(a) It shall be unlawful for a vehicle to be on a public roadway at any time from a

half hour after sunset to a half hour before sunrise or at any other time when objects on the

road cannot be seen clearly at a distance of five hundred feet because of light conditions

without displaying lighted lamps on the vehicle.

(b) Every vehicle stopped or parked on the side of any road or highway during the

hours set forth above, shall burn lamps, flares, or otherwise alert other drivers of the potential

danger, unless the vehicle is positioned at least thirty inches from the main traveled portion of

the roadway in such fashion that no part of the main traveled portion of the roadway, nor the

thirty inch safety zone is impeded.

dollars ($20.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 123]

Section 124. Pedestrians.

TITLE 6A—CIVIL INFRACTIONS

(a) It shall be unlawful for a pedestrian crossing a roadway at any point other than

a marked crosswalk or within an unmarked crosswalk at an intersection to fail to yield the right

of way to all motor vehicles on the roadway.

(b) Notwithstanding the provisions of Subsection (a) herein, every driver of a

vehicle shall exercise due care to avoid colliding with any pedestrian on any roadway and shall

give warning by sounding the horn when necessary and shall exercise proper precaution upon

observing any person upon a public road.

($10.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 124]

Section 125. Throwing Trash on Roads and Roadways.

(a) It shall be unlawful to discard trash or refuse of any type on a roadway or public

highway or right-of-way within the Tribal jurisdiction.

(b) Throwing Trash on Road and Roadways shall be punishable by a fine not to

exceed thirty dollars ($30.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW #T 6 § 125]

Section 126. Illegal Parking.

(a) It shall be unlawful to stop, or leave standing any vehicle, whether attended or

unattended, upon the paved or improved or main traveled part of a public roadway when it is

practical to stop, park, or leave such vehicle such part of said roadway, but in every event a

clear and unobstructed width of at least twenty feet of such part of the roadway opposite such

standing vehicle shall be left for the free passage of other vehicles, a clear view of such stopped

vehicles shall be available from a distance of two hundred (200) feet in each direction upon

said roadway, and the vehicle must be positioned at least thirty inches outside the main traveled

portion of the roadway.

(b) This section shall not apply to the driver of any vehicle which is disabled while

on the paved or improved or main traveled portion of a roadway in such manner and to such

extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such

position, provided that reasonable provision is made by the driver thereof for the warning and

safety of other vehicles traveling upon such roadway until the vehicle can be removed.

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

officer or traffic control sign, in any of the following places:

(1) On a sidewalk;

(2) In front of a public or private driveway;

(3) Within an intersection;

(4) Within twenty-five (25) feet of a fire hydrant;

TITLE 6A—CIVIL INFRACTIONS

(5) On a crosswalk.

(d) A violation of this Section shall be punishable by a fine not to exceed ten dollars

($10.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 116]

Section 127. No Proof of Insurance.

(a) An owner of an uninsured motor vehicle shall not permit the operation thereof

upon a highway or upon property open to use by the public, unless such motor vehicle is

expressly exempted from said requirements pursuant to the laws of this Tribal Government.

(b) No person shall knowingly drive an uninsured motor vehicle upon a highway

or upon property open to the public, unless such motor vehicle is expressly exempted from

said requirements pursuant to the laws of this Tribal Government.

to use by the public shall display, upon demand, evidence of liability insurance to a Law

Enforcement Officer. The Law Enforcement Officer shall issue a citation to any person who

fails to display evidence of liability insurance upon such demand.

(d) Any person violating any provision of this Section shall be guilty of a violation

of this Ordinance and subject to a fine not to exceed two hundred and fifty dollars ($250.00).

(e) Any person convicted of violating any provision of this Section within three (3)

years of any such prior conviction shall be guilty of a violation of this Ordinance and subject

to a fine not to exceed one thousand dollars ($1000.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 127]

Section 128. Vehicle License; Illegal Tag.

(a) It shall be unlawful for any person to:

() Operate, or for the owner thereof knowingly to permit to operation, upon

a highway or upon property open to use by the public, any vehicle which is not registered, or

for which a certificate of title has not been issued or which does not have attached thereto and

displayed thereon the license plate or plates assigned thereto by the division for the current

registration year, including any registration decal required to be affixed to any such license

plate.

(2) Display or cause or permit to be displayed, or to have in possession, any

registration receipt, certificate of title, registration license plate, registration decal, accessible

parking placard or accessible parking identification card knowing the same to be fictitious or

to have been canceled, revoked, suspended or altered. A violation of this Subsection (2) shall

constitute an Ordinance violation punishable by a fine not less than one hundred dollars

($100.00) and forfeiture of the item. A mandatory Court appearance shall be required of any

person violating this Subsection (2).

TITLE 6A—CIVIL INFRACTIONS

(3) Lend to or knowingly permit the use by one not entitled thereto any

registration receipt, certificate of title, registration license plate or registration decal issued to

the person so lending or permitting the use thereof.

(4) Remove, conceal, alter, mark, or deface the license number plate or

plates or any other mark of identification upon any vehicle. License plates shall be kept clean

and they shall be placed on all vehicles within the Sac and Fox Reservation as required by law

so as to be plainly legible.

(5) Carry or display a registered number plate or plates or registration decal

upon any vehicle not lawfully issued for such vehicle.

(b) Violation of any Subsection shall result in the vehicle being towed away at the

owner’s expense and, violation of any Subsection shall be punishable by a fine not to exceed

five hundred dollars ($500.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 128]

Section 129. Seat Belts.

(a) Each front seat occupant of a passenger car manufactured with safety belts shall

have a safety belt properly fastened about such person’s body at all times when the vehicle is

in motion.

(b) Persons violating this Ordinance shall be fined fifteen dollars ($15.00) plus

court costs.

in the absence of another violation of law. A citation for violation of this Ordinance shall not

be issued without citing the violation that initially caused the Officer to effect the enforcement

stop.

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20-97:

PUBLIC LAW # T 6 § 129]

Section 130. Transportation of Alcoholic Beverage.

(a) No person shall transport in any vehicle upon a highway or upon property open

to use by the public, any alcoholic beverage unless such beverage is:

qd) In the original unopened package or container, the seal of which has not

been broken and from which the original cap, cork, or other means of closure has not been

removed;

(2) In the locked rear trunk or rear compartment, or any locked outside

compartment which is not accessible to any person in the vehicle while it is in motion; or

(3) In the exclusive possession of a passenger in a vehicle which is a

recreational vehicle or a bus, who is not in the driving compartment of such vehicle or who is

in a portion of such vehicle from which the driver is not directly accessible.

(b) Violation of this Section is punishable by a fine not to exceed fifteen dollars

($15.00).

TITLE 6A—CIVIL INFRACTIONS

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20-97:

PUBLIC LAW # T 6 § 130]

Section 131. Text Messaging, Prohibited; Exceptions.

(a) Definitions:

(1) A wireless communication device means any wireless electronic

communication device that provides for voice or data communication between two or more

parties, including, but not limited to, a mobile or cellular telephone, a text messaging device,

a personal digital assistant that sends or receives messages, an audio-video player that sends

or receives messages or a laptop computer. It does not include a device which is voiceoperated and which allows the user to send or receive a text based communication without

the use of either hand, except to activate or deactivate a feature or function.

(2) “Write, send, or read a written communication” means using a wireless

communication device to manually type, send or read a written communication, including but

not limited to, a text message, instant message, or electronic mail.

(b) Except as provided in subsections (c) and (d), no person shall operate a motor

vehicle on a public road or highway while using a wireless communications device to write,

send, or read a written communication.

(1) A law enforcement officer or emergency service personnel acting

within the course and scope of the law enforcement officer’s or emergency service

personnel’s employment;

(2) A motor vehicle stopped off the regular traveled portion of the

roadway;

(3) a person who receives an emergency, traffic, or weather alert message;

(4) a person receiving a message related to the operation or navigation of

the motor vehicle.

(d) The provisions of subsection (b) shall not prohibit a person from using a

wireless communications device while operating a motor vehicle to:

(1) Report current or ongoing illegal activity to law enforcement;

(2) Prevent imminent injury to a person or property; or

(3) Relay information between transit or for-hire operator and the

operator’s dispatcher, in which the device is permanently affixed to the motor vehicle.

(e) Violation of this Section is punishable by a fine not to exceed three hundred

dollars ($300.00).

[History: L. 2020, Jun. 16; R-37-20:

PUBLIC LAW #T 6 § 131]

Section 132. Reserved.

Section 133. Child Passenger Safety Restraining System.

TITLE 6A—CIVIL INFRACTIONS

(a) Every driver who transports a child under the age of four (4) years in a

passenger car on a highway or upon property open to use by the public shall provide for the

protection of such child by properly using an approved child passenger safety restraining

system.

(b) No driver charged with violating this Section shall be convicted if such driver

produces in the office of the arresting officer or in Court, proof that the child was four (4) years

of age or older at the time the violation was alleged to have occurred.

($20.00).

{History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 133]

Section 134. Accessible Parking.

(a) No person shall stop or park any vehicle in a parking space, whether on public

or private property, which is clearly marked as being reserved for the use of persons with a

disability or persons responsible for the transportation of persons with a disability, unless such

vehicle bears a special license plate, permanent placard or temporary placard and is being

operated by or used for the transportation of a person with a disability or disabled veteran. In

addition to the temporary placard, a person issued such temporary placard shall carry the state

or county receipt showing the name of the person who is issued such temporary placard. Ifa

parking space on private property is clearly marked as being reserved for the use of a specified

person with a disability, it shall be unlawful for any other person to park in such space.

(b) Violation of this Section is punishable by a fine not to exceed thirty dollars

($30.00).

(History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 134]

Section 135. Accessible Parking; Revoked or Suspended Drivers.

(a) Any person who utilizes any accessible parking identification device which has

expired or has been revoked or suspended shall be guilty of a violation of this Section.

(b) Any person who utilizes any accessible parking identification device issued to

another person, an agency or business, to park in any parking space which could be utilized by

a person with a disability, except when transporting or arriving to transport a person with a

disability to whom or for whom the identification device was issued, shall be guilty of a

violation of this Section.

dollars ($300.00).

[History: L. 1997, August 29; R-33-97: Amend. 2020, Jun. 16; R-37-20:

PUBLIC LAW # T 6 § 135]

TITLE 6A—CIVIL INFRACTIONS

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