CHAPTER 15 - TRAFFIC VIOLATIONS (2025)

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CHAPTER 15 - TRAFFIC VIOLATIONS

Section 15-1 Traffic Violations Generally

Section 15-2 Civil Traffic Infractions Definitions

Section 15-3 Civil Traffic Infraction Procedure

Section 15-4 Vehicle Safety Equipment

Section 15-5 Rules of the Road

Section 15-6 Off-road Vehicles

Section 15-7 Pedestrians

Section 15-8 Property Damage - Materials on the Road

Section 15-9 Speed Limits - Due Care Required

Section 15-10 Vehicle Travel - Rules of the Road

Section 15-11 Suspension of Driving Privileges & Reporting Stolen Vehicles

Section 15-12 Fine Schedule

Section 15-13 Criminal Traffic Infractions

Section 15-1 Traffic Violations Generally

15-1.01 Purpose. The purposes of this Chapter are to ensure that:

(a)

The public roadways within the Reservation are safe and that operators of motor vehicles have

reasonable rules and standards which govern their driving in order to protect the health and safety

of Tribal members and other persons on the Spokane Indian Reservation;

(b)

Those persons who violate the rules of conduct of this Chapter while operating a motor vehicle

are deterred from violating rules in the future; and,

(c)

Those persons who violate the rules of conduct of this Chapter pay the expenses

incurred by the Spokane Tribe in enforcing this Chapter.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-1.02 Findings.

(a)

Hundreds of motorists traverse the Spokane Indian Reservation on a daily basis.

(b)

This high volume of traffic necessarily has a direct effect on the health and welfare of Spokane

Tribal members and all persons on the Spokane Indian Reservation.

(c)

Regulation of those traveling through Spokane Tribal territory is historically and traditionally based.

(1)

For example, such travelers traditionally were approached and confronted about their

purpose for entering Tribal territory.

(2)

(d)

If their purpose was deemed a threat to the health and welfare of the Spokane people,

and therefore “unlawful,” they were either escorted out of the territory or were otherwise

dealt with accordingly.

Due to changes in travel mode by way of motor vehicles, the Tribe’s traditional regulation of travel

has shifted its focus from the purpose of the travel to the method of the travel.

(e)

This code embodies the Tribe’s traditional values to address contemporary needs.

(f)

A civil traffic code enforced by the appropriate law enforcement authority that is applicable to all

motorists who operate vehicles within the Spokane Indian Reservation will play a direct role in

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ensuring that vehicles are operated within the Reservation in a safe manner and will accordingly

protect Tribal members and all residents of, and persons traveling on, the Spokane Indian

Reservation.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-1.03 Jurisdiction.

The Spokane Tribe shall exercise the maximum personal, subject matter, and territorial jurisdiction

permissible by law over the highways and roadways within the exterior boundaries of the Spokane Indian

Reservation and on the lands under the jurisdiction of the Spokane Tribe.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-1.04 Explanation of Privilege.

The operation of a vehicle on the Spokane Indian Reservation is a privilege that may be granted, denied,

suspended, or revoked by the Spokane Tribe.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-1.05 Enforcement.

(a)

The provisions of this Chapter shall be enforced by all duly commissioned police officers.

(b)

Any enforcement officer commissioned by the Tribe shall, upon request, produce evidence of his

or her commission.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-1.06 Violations.

Violations of this Chapter, both civil and criminal, shall be heard in the Tribal Court for the Spokane Tribe

of Indians, and any fines levied as a result of convictions upon such violations shall be paid to the Tribal

Court.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-1.07 Means of Exercising Jurisdiction.

In exercising its jurisdiction over traffic infractions, if a process is not specified under this Chapter, the

Tribal Court may adopt any suitable process consistent with the purposes of this Chapter and in harmony

with the spirit of due process and Spokane Tribal law.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-1.08 Occupational Driver’s license.

(a)

Any Indian whose driver’s license has been suspended by the Spokane Tribal Court or the State of

Washington may request from the Tribal Court an occupational driver’s license.

(b)

Such person is eligible if:

(1)

that person’s license was not revoked or suspended for a vehicular homicide or a vehicular

assault;

(2)

the applicant is engaged in an occupation or trade or Court-ordered service that makes it

essential that the applicant operate a motor vehicle to continue in the occupation or trade

or comply with the Court-ordered service; and,

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(3)

the applicant has filed proof that the applicant has an automobile liability policy that covers

injury to persons and property.

(c)

If the Court decides that an occupational driver’s license is to be issued, the Court shall describe

the type of occupation or services permitted, the hours of the day the person may drive to and

from work or the service provider’s office (which may not exceed 12 hours in any 1 day); the days

of the week during which the license may be used, and, the general routes over which the person

may travel.

(d)

These restrictions shall be prepared in written form by the Court, which document shall be carried

in the vehicle at all times and presented to a law enforcement officer upon request.

(e)

There shall be a reasonable fee for issuance of an occupational driver’s license.

(f)

Any violation of the restrictions by the holder of the occupational license shall be a violation of

(g)

15-13.06, Operating a Motor Vehicle While Privilege is Suspended or Revoked.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-1.09 Prior Traffic Code Repealed. Effective the date of enactment, this Chapter repeals and

supersedes all prior traffic Codes, codes or laws of the Spokane Tribe.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-2 Civil Traffic Infractions Definitions

15-2.01 Definitions.

(a)

Words in this Chapter shall have the meaning given to them in this Chapter unless the context

clearly indicates another meaning.

(b)

If the meaning of a word is not clear, the Court shall construe the meaning of the word in harmony

with the purposes of this Chapter.

(c)

All definitions set forth in this Section are also applicable to Section 15-13, Criminal Traffic

Infractions.

(1)

[RESERVED]

(2)

[RESERVED]

(3)

“Actual physical control” means any person who is seated in the driver’s seat of a motor

vehicle or is in a position to regulate the vehicle’s.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Amended 7/05/06, Resolu. 2006-478; Readopted 8/01/06, Resolu. 2006-524.

(4)

(5)

(6)

(7)

(8)

(9)

"Alley" means a way or passage used primarily as a means of access to the rear of a

residence, a business establishment, and other buildings that is not designed for general

travel.

"Authorized emergency vehicle" means any vehicle used by a fire department, Tribal or

federal law enforcement department, sheriff's office, Washington State Patrol, municipal

law enforcement department, or ambulance service for legitimate emergency purposes.

"Crest of a grade" means the highest point on an ascending roadway.

"Driver or operator" means any person who is the operator of a vehicle or is in actual

physical control of a vehicle.

"Driveway" means a way or passage used for travel of vehicles by persons possessing the

right to occupy the place or passage but not by others.

"Enforcement officer" means every person commissioned by the Spokane Tribal Council to

serve as a Spokane Enforcement Officer and officers commissioned by the United States.

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(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

"Highways" means all streets, roads, and highways within the territorial jurisdiction

of

the Spokane Indian Tribe maintained or built by the Tribe, State of Washington, county,

or U.S. Government.

"Laned road" means a roadway which is divided into clearly marked lanes for vehicular

travel.

"Motorcycle" means every motor vehicle having a seat for the use of the rider and

designed to travel on not more than 3 wheels in contact with the ground, excluding

mopeds and farm vehicles.

"Motor vehicle" means a self-propelled vehicle designed for operation upon land utilizing a

motor as the means of propulsion.

"Off-road vehicle" means any motorized vehicle when used for recreational travel on trails

or cross country travel on land, snow, ice, marsh, swampland, or other natural terrain, but

not on roadways.

"Owner" means a person who has lawful right of possession of a vehicle, not merely

permission to use the vehicle.

"Park or parking" means to stop and keep standing a vehicle for a time other than for the

purpose of temporarily loading or unloading.

"Revoke" means invalidation of a person’s privilege to drive for a period of at least 1 year

until reissued.

"Right-of-way" means the privilege of the immediate use of a roadway.

"Roadway" means a way or passage designed or ordinarily used for vehicular travel and

roads and bridges subject to federal oversight.

"Stand or standing" means the halting of a vehicle, other than temporarily to load or

unload.

"Stop" means to halt a vehicle even momentarily except when directed to do so by a traffic

sign.

"Suspended" means invalidation of a person's privilege to drive for less than 1 year until

reinstated.

“Traffic” means pedestrians, ridden or herded animals, and vehicular conveyances either

singly or together, while using a roadway for purpose of travel.

“Vehicle right-of-way" means the right of 1 vehicle to proceed in a manner in preference

to another vehicle.

"Tribal Court" and "Court" mean the Spokane Tribal Court.

"Tribe" means the Spokane Tribe of Indians.

"Reservation" means all lands and water areas within the exterior boundaries of the

Spokane Reservation established by Executive Order, January 18, 1881, and any

extensions thereof, and all Spokane Tribal and allotted Indian lands outside the exterior

boundaries of the Spokane Indian Reservation.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-3 Civil Traffic Infraction Procedure

15-3.01 Notice of Infraction-Issuance by Enforcement Officer.

An enforcement officer has the authority to issue a notice of civil traffic infraction:

(a)

When the infraction occurs in the enforcement officer's presence;

(b)

When an enforcement officer investigating the scene of an accident has reasonable cause to believe

a civil traffic infraction has been committed; or

(c)

When an enforcement officer discovers

standing, contrary to this Chapter.

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an

unattended

vehicle

parked,

stopped,

Page 4 of 31

or

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.02 Notice of Infraction - Issuance by the Tribal Court.

The Tribal Court may issue a notice of civil traffic infraction upon receipt of a written statement of an

enforcement officer that there is probable cause to believe that an infraction has been committed.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.03 Notice of Traffic Infraction-Determination Final Unless Contested–Form.

A notice of traffic infraction represents prima facie evidence that an infraction has been committed. The

determination will be final unless contested as provided in this Chapter.

(a)

The form for the notice of traffic infraction shall include the following:

(1)

A statement that the notice represents a determination that a traffic infraction has been

committed by the person named in the notice and that the determination shall be final

unless contested as provided in this Chapter;

(2)

A statement that a traffic infraction is a non-criminal offense for which imprisonment may

not be imposed as a sanction; that the penalty for a traffic infraction may include the

suspension or revocation of a person’s privilege to operate a motor vehicle on the

Reservation;

(3)

A statement of the specific traffic infraction for which the notice was issued;

(4)

A statement of the monetary fine established for the traffic infraction;

(5)

A statement of the options provided in this Chapter for responding to the notice and the

procedures necessary to exercise these options;

(6)

A statement that at any hearing to contest the determination the Tribe has the burden of

proving, by a preponderance of the evidence, that the infraction was committed; and that

the person may request the Court to subpoena witnesses, including the officer who issued

the notice of infraction;

(7)

A statement that at any hearing requested for the purpose of explaining mitigating

circumstances surrounding the commission of the infraction the person will be deemed to

have committed the infraction and may not subpoena witnesses;

(8)

A statement that the person must either pay the fine or respond to the notice as provided

in this Chapter within 15 days or the person’s privilege to operate a motor vehicle within

the Reservation may be suspended or revoked;

(9)

A statement that failure to either pay the fine or appear at a hearing requested for the

purpose of contesting the determination or for the purpose of explaining mitigating

circumstances shall result in a determination that the infraction was committed and the

appropriate penalty, which may include suspension or revocation of the person’s privilege

to operate a motor vehicle within the Reservation;

(10)

A statement that failure to respond to a notice of traffic infraction and/or the non-payment

of a fine may result in the person’s case being sent to a collection agency, and;

(11)

A statement that the person promises to respond to the notice of infraction in 1 of the

ways provided in this Chapter. If the person refuses to sign the infraction, the officer shall

write "refused" in place of the person’s signature. A person who refuses to sign a citation

is presumed to have notice of its contents.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.04

(a)

Response to Notice of Infraction-Contesting Determination-Hearing-Failure to Appear.

Any person who receives a notice of traffic infraction shall respond to such notice as provided in

this section within fifteen days of the date of the notice.

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(b)

If the person determined to have committed the infraction does not contest the determination, the

person shall respond by completing the appropriate portion of the notice of infraction, verifying

his/her correct address, and submitting it, either by mail or in person, to the Spokane Tribal Court.

(1)

(2)

(3)

(c)

If the person determined to have committed the infraction wishes to contest the determination,

the person shall respond by completing the portion of the notice of infraction requesting a hearing

and submitting it, either by mail or in person, to the Spokane Tribal Court.

(1)

(d)

The Court shall notify the person in writing of the time, place, and date of the hearing, and

that date shall not be sooner than 7 days from the date of the notice, except by agreement.

If the person determined to have committed the infraction does not contest the determination but

wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by

completing the portion of the notice of infraction requesting a hearing for that purpose, verifying

his/her current address, and submitting it, either by mail or in person, to the Spokane Tribal Court.

(1)

(e)

A check or money order in the amount of the penalty prescribed for the infraction must be

submitted with the response.

Payment with cash must be made in person.

When a response which does not contest the determination is received, an appropriate

order shall be entered in the Court's records, and a copy of the order shall be mailed to

the person who committed the infraction at the address listed on the citation.

The Court shall notify the person in writing of the time, place, and date of the hearing, and

that date shall not be sooner than 7 days from the date of the notice, except by agreement.

If any person who is issued a notice of traffic infraction:

(1)

(2)

Fails to respond to the notice of traffic infraction as provided in subsection (b) of this

section; or

Fails to appear at a hearing requested pursuant to subsection (c) or (d) of this section, the

Court shall enter an appropriate order assessing the monetary penalty prescribed for the

traffic infraction and any other penalty authorized by Spokane Tribal Law.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.05 Hearings - Procedure and Counsel.

(a)

Procedures for the conduct of all hearings provided for in this Chapter, to the extent that they are

consistent with the procedures set forth herein, may be established by rules of Court approved by

the Tribal Council as may be recommended by the Chief Judge of the Spokane Tribal Court.

(b)

Any person subject to proceedings under this Chapter may be represented by counsel at their own

expense.

(c)

The Tribe may be represented by counsel or a prosecutor.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.06 Hearing Contesting the Determination That an Infraction Has Been Committed-Appeal.

A hearing held for the purpose of contesting the determination that an infraction has been committed

shall be without a jury.

(a)

The Court may consider the notice of traffic infraction and any other written report made under

oath submitted by the officer who issued the notice or whose written statement was the basis for

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the issuance of the notice in lieu of the officer's personal appearance at the hearing. The person

named in the notice may subpoena witnesses, including the officer, and has the right to present

evidence and examine witnesses present in Court.

(b)

The burden of proof is upon the Tribe to establish the commission of the infraction by a

preponderance of the evidence.

(c)

After consideration of the evidence and argument, the Court shall determine whether the infraction

was committed.

(1)

(2)

(d)

Where it has not been established that the infraction was committed, an order dismissing

the notice of infraction shall be entered in the Court's records.

Where it has been established that the infraction was committed, an appropriate order

shall be entered in the Court's records.

An appeal from the Court's determination or order shall be to the Spokane Tribal

Court of Appeals.

(1)

The decision of the Spokane Tribal Court shall be upheld by the Court of Appeals unless

it is demonstrated that the Tribal Court decision was arbitrary, capricious, an abuse of

discretion or was not based upon the law.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.07 Hearing to Explain Mitigating Circumstances.

(a)

A hearing held for the purpose of allowing a person to explain mitigating circumstances

surrounding the commission of an infraction shall be an informal proceeding.

(1)

(2)

The person may not subpoena witnesses.

The determination that an infraction has been committed may not be contested at a

hearing held for the purpose of explaining mitigating circumstances.

(b)

After the Court has heard the explanation of the circumstances surrounding the commission of the

infraction, the Court may impose a fine/penalty which shall not exceed the amount listed in 1512.01, Penalties, and an appropriate order shall be entered in the Court's records.

(c)

There may be no appeal from the Court's determination or order.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.08 Order of Court.

(a)

All orders entered by the Court under this sub-Chapter are civil in nature.

(b)

The Court may, in its discretion, waive, reduce, or suspend the fine.

(c)

The Court may also order suspension or revocation of the driver's privilege to operate a vehicle

within the jurisdiction of the Tribe.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.09 Suspension.

(a)

The Court may order a driver's privilege to drive within the jurisdiction of the Tribe suspended as

part of any penalty ordered under this Section.

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(b)

This suspension may be conditioned on the performance or non-performance of certain

activities, a clean driving record, and/or the payment of fines, in the discretion of the Court.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.10 Occupational License.

When a driver's privilege to drive is suspended or revoked under this Chapter, the Court may, in its

discretion, provide for a limited occupational license for that driver as set forth in Section 15-1.08,

Occupational Driver’s License.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.11 Court Authorized to Send Cases to Collection Agency.

The Court shall assign cases involving the non-payment of fines, or delinquent payment of fines, to a

collection agency approved by the Spokane Tribal Council.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-3.12 Court’s Contempt Powers.

The Court may employ its full contempt powers set forth in Section 1-8.01, Contempt of Court, in cases

arising under this Chapter.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-4 Vehicle Safety Equipment

15-4.01 Vehicle Safety Equipment-Generally.

It is a civil traffic infraction for any person to fail to comply with any provision set forth in this Section.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.02 Required Safety Equipment.

No person shall drive any motor vehicle on a roadway which does not have the following safety equipment

in proper condition and adjustment:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

Bumpers, front and rear.

Headlights: at least 2 working headlights, with at least 1 on each side of the front of the vehicle.

Horn.

Muffler, in good working order to prevent excessive or unusual noise.

Parking Brakes adequate to hold the vehicle on any grade on which it is operated.

Service Brakes adequate to control the movement of and to stop and hold such vehicle on any

grade incident to its operation.

Stop Lamps: at least 2 stop lamps on the rear of the vehicle which shall clearly display a red or

amber light and which shall be visible upon application of the service brakes.

Taillights: at least 2 taillights mounted on the rear which shall emit a red light plainly visible from

a distance of 1 thousand feet to the rear of the vehicle.

Windshield: a front windshield in such condition as to permit the driver a clear view.

Windshield Wipers.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.03 Vehicles to be Equipped with Tires-Safe Condition Defined.

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(a)

Every motor vehicle shall be equipped with tires in safe operating condition.

(b)

A tire shall be considered to be unsafe if it has:

(1)

Any ply or cord exposed either to the naked eye or when cuts or abrasions on the tire are

probed;

(2)

Any bump, bulge or knot, affecting the tire structure;

(3)

Any break repaired with a boot;

(4)

Markings on the tire specifying that the tire is not intended for use on a roadway, such as

"for racing purposes only”;

(5)

Any condition that reasonably demonstrates that the tire is unsafe.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.04 Multiple-beam Headlights.

(a)

The headlights of all motor vehicles shall be so arranged that the driver may select at will between

high and low beams of lights.

(b)

The high beams shall be so aimed and of such intensity as to reveal persons and vehicles

distance of 450 feet ahead.

(c)

The low beams shall be so aimed and of such intensity to reveal persons and vehicles at a distance

of 150 feet ahead.

(d)

On a straight level road, none of the high-intensity portion of the beam shall be directed to strike

the eyes of an approaching driver.

at

a

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.05 Use of Multiple-beam Headlights.

Whenever a motor vehicle is being operated on a roadway and visibility conditions warrant additional light,

the driver shall use headlights with a beam sufficient to reveal persons and vehicles at a safe distance in

advance of the vehicle, subject to these requirements:

(a)

Whenever a driver of a motor vehicle approaches an oncoming vehicle within 500 feet, such driver

shall use low beams.

(b)

Whenever a driver of a motor vehicle approaches another vehicle from the rear within 300 feet,

such driver shall use low beams.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.06 Spot Lamps.

Whenever a motor vehicle is equipped with spot lamps or other auxiliary lamps, such lamps shall not be of

such intensity and adjustment as to strike the eyes of approaching drivers.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.07 Times When Headlights, Taillights are Required to Be On.

No person shall drive or move any vehicle on a roadway without headlights and taillights turned on from

½ hour after sunset to ½ hour before sunrise and any time visibility conditions diminish a driver's clear

view.

RSLOC Chapter 15: Last Updated March 12, 2025

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Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.08 Wheel Projections.

No vehicle shall be equipped with wheel nuts, hubcaps, or wheel disks which project outside the body of

the vehicle in a manner constituting a hazard to pedestrians and cyclists.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.09 Body Projections.

The body, fenders, and bumpers of all vehicles shall be maintained without protrusions which could be

hazardous to pedestrians and cyclists.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.10 Flags On Projecting Load.

(a)

No person shall drive or move any vehicle on a roadway, without red signal flags, at least 12 inches

square, marking the extremities, whenever the load upon the vehicle extends 4 or more feet

beyond the body of the vehicle.

(b)

During hours of darkness, such extremities shall be marked with a red light plainly visible from a

distance of at least 500 feet from the sides and rear.

(c)

This light shall be in addition to the red taillights required on every vehicle.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.11 Safety Belt - Use Required.

(a)

Every person operating or riding in a motor vehicle shall wear a safety belt assembly in a properly

adjusted and securely fastened manner.

(b)

No person may operate a motor vehicle unless all passengers are either wearing a safety belt

assembly or are securely fastened into an approved child restraint device.

(c)

A person violating this section shall be issued a notice of traffic infraction under this Chapter.

(d)

Failure to comply with the requirements of this section does not constitute negligence, nor may

failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action

for damages.

(e)

Enforcement of this section by law enforcement officers may be accomplished only as a secondary

action when a driver of a motor vehicle has been detained for a suspected violation of this Chapter

or some other offense.

(f)

This section does not apply to an operator or passenger who possesses written verification from a

licensed physician that the operator or passenger is unable to wear a safety belt for physical or

medical reasons.

(g)

This section only applies to motor vehicles that meet the manual seat belt safety standards as set

forth in Federal Motor Vehicles Safety Standard 208. This section does not apply to a vehicle’s

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occupant for whom no safety belt is available when all designated seating positions as required by

Federal Motor Vehicles Safety Standard 208 are occupied.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.12 Child Passenger Restraints Required.

(a)

Whenever a child who is less than 5 years of age is being transported in a motor vehicle, the

child shall be properly restrained in a child restraint system that complies with the standards of

the United States Department of Transportation and that is secured in the vehicle in accordance

with the instruction of the manufacturer of the child restraint system.

(b)

A person violating subsection (a) of this section may be issued a notice of traffic infraction under

this Chapter.

(c)

If the person to whom the notice of infraction was issued presents proof of subsequent acquisition

of an approved child passenger restraint system within 7 days to the Tribal Court, the Tribal Court

may dismiss the notice of traffic infraction.

(d)

Failure to comply with the requirements of this section shall not constitute negligence by a parent

or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of

negligence in any civil action for damages.

(e)

This section does not apply to:

(1)

For-hire vehicles,

(2)

Vehicles designed to transport sixteen or less passengers, including the drivers, operated

by auto transportation companies, and

(3)

Vehicles providing customer shuttle service between parking, hotel facilities, casinos, and

bingo halls.

(f)

Enforcement of this section by law enforcement officers may be accomplished as a primary action

when the law enforcement officer has a reasonable belief that the unrestrained child is less than 5

years of age.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.13 Motorcycle Safety Equipment.

No person shall drive or move any motorcycle which does not have the following safety equipment in proper

condition and adjustment:

(a)

Brakes which operate on the front and rear wheels.

(b)

Headlight: at least 1.

(c)

Stop Lamps: at least 1 stop lamp which shall clearly display a red or amber light and which shall

be visible upon application of the service brakes.

(d)

Taillight: at least 1.

(e)

Mirrors on the left and right sides of the motorcycle which shall be so located as to give the driver

a complete view of the highway for a distance of at least 200 to the rear of the motorcycle or motor

driven cycle; provided, that mirrors shall not be required on any motorcycle or motor driven cycle

over 25 years old originally manufactured without mirrors and which has been restored to its

original condition and which is being ridden to or from or otherwise in conjunction with an antique

RSLOC Chapter 15: Last Updated March 12, 2025

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or classic motorcycle contest; provided further, that no mirror is required on any motorcycle

manufactured prior to January 1, 1931.

(f)

Helmet worn on the head and equipped with either a neck or chin strap which shall be fastened

securely while the motorcycle or motor-driven cycle is in motion.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.14 Motorcycles-Headlight and Taillights to Be On.

Every motorcycle shall have its headlight and taillight on whenever such vehicle is in motion on any

roadway.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.15 Motorcycles-Exhaust System.

No person shall modify the exhaust system of a motorcycle in any manner or fail to maintain the exhaust

system so as to amplify or increase the noise above the level emitted by the muffler originally installed on

the motorcycle.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.16 Motorcycles-Eye Protection.

No person shall drive or ride as a passenger on any motorcycle on any roadway without wearing glasses

or goggles or a face shield which protects the eyes.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.17 Moving Vehicle in Unsafe Condition.

It is a civil traffic infraction to drive or move any vehicle which is in such unsafe condition as to endanger

any person.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-4.18 Bicycle Equipment.

Every bicycle when in use during the hours of darkness, defined as any time from ½ hour after sunset to

½ hour before sunrise, shall be equipped with a lamp on the front which shall emit a white light visible for

at least 500 feet to the front and with a red reflector on the rear.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-5 Rules of the Road

15-5.01 Rules of the Road-Generally.

(a)

It shall be a civil traffic infraction for any person to fail to comply with any of the provisions

forth in this Chapter.

set

(b)

If a vehicular accident occurs in conjunction with a violation of Sections 15-4.12, Child Passenger

Restraints, 15-10.07, Passing School Bus, or 15-10.14, Leaving Children Unattended in Vehicle, the penalty

as listed in Section 15-12.01, Penalties, shall be doubled.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

RSLOC Chapter 15: Last Updated March 12, 2025

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15-5.02 Drivers to Be Licensed.

No person shall operate a vehicle within the Reservation without first being issued valid operator's license

by the Spokane Tribe, any state of the United States or Canada.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.03 Notification of Change in Address or Name.

(a)

Whenever any person, after applying for and receiving a driver’s license or identification card,

moves from the address named in the application or on the license or identification card issued to him or

her or when the name of the licensee or holder of an identification card is changed by marriage or

otherwise, the person shall, within 10 days thereafter, notify the appropriate licensing agency or agency

that issued the identification card in writing on an appropriate form of his or her old and new address or of

such former and new names and the number of any license held by him or her.

(b)

If any person fails to comply with this section, in addition to any monetary penalty imposed

pursuant to this Chapter, any notice regarding the cancellation, suspension, revocation, probation, or nonrenewal of the driver’s license, driving privilege, or identification card mailed to the address of the licensee

or identification card holder is effective notwithstanding the licensee’s or identification card holder’s failure

to receive the notice.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.04 Operator’s License on Person.

No person shall operate a vehicle within the jurisdiction of the Tribe without possessing on their person

or in the vehicle operated a valid operator's license issued to him or her by the Spokane Tribe, any state

of the United States or Canada.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.05 Learner’s Permit.

No person under the age of sixteen years of age shall operate a vehicle within the Reservation except in

full compliance with all requirements of a valid state or Tribal learner's permit.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.06 Motorcycle Endorsement Required.

No person shall drive a motorcycle or a motor-driven cycle, except a moped, unless such person has a valid

driver's license duly issued by the Spokane Tribe, any state of the United States or Canada to enable the

holder to drive such vehicles, nor may a person drive a motorcycle or motor-driven cycle of a larger engine

displacement than that authorized by the special endorsement.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.07 Vehicle License Required.

(a)

It is unlawful for a person to operate any vehicle on any roadway on the Reservation without first

having obtained and having in full force and effect a current and proper vehicle license displayed.

Failure to make an initial registration before operation in the public roadways within the Reservation

is a civil offense, and any person found liable thereof shall be fined. Failure to renew an expired

registration before operation on the public roadways within the Tribe’s territorial jurisdiction is a

traffic infraction.

(b)

These provisions shall not apply:

RSLOC Chapter 15: Last Updated March 12, 2025

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(1)

(2)

(3)

To farm vehicle(s) if operated within a radius of fifteen miles of the farm where

principally used or garaged, farm tractors and farm implements including trailers designed

as cook or bunk houses used exclusively for animal herding temporarily operating or drawn

upon the public roadways, and trailers used exclusively to transport farm implements from

1 farm to another during daylight hours or at night when such equipment has lights that

comply with the law;

To spray or fertilizer applicator rigs designed and used exclusively for spraying or

fertilization 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; or

To forklifts operated during daylight hours on public highways.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.08 Liability Insurance or Other Financial Responsibility Required.

(a)

No person may operate a motor vehicle on roads within the territorial jurisdiction of the Tribe

unless the person is insured 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. "Acceptable" means, for

the purposes of this section:

(1)

An insurance policy or bond issued by an insurance company or surety company authorized

to do business within the exterior boundaries of the Spokane Indian Reservation or within the State of

Washington which, in the case of an accident resulting in bodily injury or death, is subject to a limit of not

less than twenty-five thousand dollars due to bodily injury or death of 1 person in any 1 accident, exclusive

of interest and costs and, subject to said limit for 1 person, to a limit of not less than fifty thousand dollars

due to bodily injury or death of 2 or more persons in any 1 accident, and, if the accident has resulted in

injury to, or destruction of, property of others, to a limit of not less than $10,000 dollars.

(2)

An amount consistent with the laws of the State of Washington (currently RCW 46.29.090,

Requirements as to policy or bond; RCW 46.29.550, Money or securities as proof, or, RCW

46.29.630, Self-insurers), or;

(3)

If a person drives a motor vehicle that is required to be registered in another state or

country that requires drivers and owners of vehicles to maintain insurance or financial

responsibility, then in an amount required by said state or country.

(b)

Written proof of financial responsibility for motor vehicle operation as set forth in subsection (a) of

this section must be provided at the request of a law enforcement officer who stops the driver of

a vehicle.

(c)

When asked to do so by a law enforcement officer who stops the driver of a vehicle, the driver’s

failure to produce proof of insurance creates a rebuttable presumption that the driver does not

have motor vehicle insurance.

(d)

Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to the

penalties set forth in this Chapter.

(e)

If a driver cited for a violation of subsection (a) of this section appears in person before the Tribal

Court and provides written evidence that at the time the person was cited, he or she was in

compliance with the financial responsibility requirements of subsection (a) of this section, the

citation shall be dismissed. In lieu of personal appearance, a person cited for a violation of

subsection (a) of this section may, before the date scheduled for the person’s appearance before

the Court, submit by mail to the Court written evidence that at the time the person was cited, he

or she was in compliance with the financial responsibility requirements of subsection (a) of this

RSLOC Chapter 15: Last Updated March 12, 2025

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section, in which case the citation shall be dismissed without cost, except that the Court may assess

Court administrative costs at the time of dismissal.

(f)

The provisions of this section shall not apply to operation of a motorcycle, a motor-driven cycle, or

a moped.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.09 Vehicle License Registration Certificate Required.

(a)

A certificate of vehicle license registration issued by the Tribe, any state of the United States,

Canada or Mexico, to be valid, must have endorsed thereon the signature of the registered owner

(if a firm or corporation, the signature of 1 of its officers or duly authorized agent) and must be

carried in the vehicle for which it is issued.

(b)

It shall be unlawful for any person to operate or have in his possession a vehicle without carrying

thereon such a certificate of vehicle license registration.

(c)

Any person in charge of such vehicle shall, upon demand of a law enforcement officer, permit

inspection of such certificate of vehicle license registration.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.10 Revocation of License for Refusal to Submit to Breath or Blood Test.

(a)

Any person who operates a motor vehicle on the Spokane Indian Reservation is deemed to have

given consent to a test or tests of their breath or blood for the purpose of determining the alcoholic

or drug content of their breath or blood if arrested for any offense when at the time of the arrest,

the arresting officer has reasonable grounds to believe the person had been driving or was in actual

physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.

(b)

The test or tests of breath shall be administered at the direction of a law enforcement officer having

reasonable grounds to believe the person to have been driving or in actual physical control of a

motor vehicle within the Reservation while under the influence of intoxicating liquor.

(c)

The officer shall warn the driver that the privilege to drive will be revoked or suspended if the

driver refuses to submit to the test, and that such refusal to take the test may be used as evidence

in a criminal trial.

(1)

(2)

(d)

However, in those instances where:

(1)

(2)

(e)

The period of suspension for refusing a test the first time is 6 months, and the second time

within 2 years is a 1-year suspension.

The period of suspension for refusing a breath test if convicted of Vehicular Manslaughter

is 10 years and if convicted of Vehicular Assault is 5 years.

The person is incapable due to physical injury, physical incapacity, or other physical

limitation, of providing a breath sample; or

as a result of a traffic accident the person is being treated for a medical condition in a

hospital, clinic, doctor’s office, or other similar facility in which a breath testing instrument

is not present; a blood test shall be administered only by a physician, a registered nurse,

or a qualified technician.

Except as provided in this subsection, the test administered shall be of the breath only.

RSLOC Chapter 15: Last Updated March 12, 2025

Page 15 of 31

(f)

If an individual is unconscious or is under arrest for the crime of vehicular homicide or vehicular

assault, or if an individual is under arrest for the crime of driving while under the influence of

intoxicating liquor or drugs, which arrest results from an accident in which another person has

been injured and there is a reasonable likelihood that such other person may die as a result of

injuries sustained in the accident, a breath or blood test may be administered without the consent

of the individual so arrested.

(g)

Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her

incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection

(a) of this section, to have received the warnings required under subsection (c) of this section and

the test or tests may be administered.

(h)

If, following the driver’s arrest and warnings, the person arrested refuses upon the request of a

law enforcement officer to submit to a test or tests of the driver’s breath or blood, no test shall be

given except as authorized under subsection (e) or (f) of this section.

(i)

The Tribal Court, upon the receipt of a sworn report of the law enforcement officer that the officer

had reasonable grounds to believe the arrested person had been driving or was in actual physical

control of a motor vehicle within this Reservation while under the influence of intoxicating liquor

or drugs and that the person had refused to submit to the test or tests upon the request of the law

enforcement officer after being informed that refusal would result in the suspension or revocation

of the person’s privilege to drive on the Spokane Indian Reservation, shall revoke the person’s

license or permit to drive or any non-resident operating privilege.

(j)

Upon revoking the license, permit, or privilege to drive, the Tribal Court shall immediately notify

the person involved in writing by personal service or by certified mail of its decision and the grounds

therefore, and of the person’s right to a hearing, specifying the steps that must be taken to obtain

a hearing.

(k)

(1)

Within 15 days after the notice has been given, the person may, in writing, request a

formal hearing.

(2)

For the purposes of this section, the scope of such hearing shall cover the issues of whether

a law enforcement officer had reasonable grounds to believe the person had been driving

or was in actual physical control of a motor vehicle within this Reservation while under the

influence of intoxicating liquor, whether the person was placed under arrest, and whether

the person refused to submit to the test or tests upon request of the officer after having

been informed that such refusal would result in the suspension or revocation of the

person’s privilege to drive on the Reservation.

(3)

The Court shall order that the suspension or revocation be rescinded or sustained.

(4)

Any decision by the Tribal Court to revoke a person’s driving privilege on the Spokane

Indian Reservation shall be stayed and shall not take effect while a formal hearing is

pending as provided in this subsection or during the pendency of a subsequent appeal to

the Spokane Tribal Court of Appeals so long as there is no conviction for a moving violation

or no finding that the person has committed a traffic infraction that is a moving violation

during the pendency of the hearing and appeal.

If the suspension or revocation is sustained after such a hearing, the person whose license,

privilege, or permit is suspended or revoked has the right to file a petition in the Spokane Tribal

Court of Appeals to review the final order of suspension or revocation.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.11 Yield to Emergency Vehicles.

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The driver of every vehicle shall yield the right-of-way by pulling over to the far right of the road and

stopping upon immediate approach of an authorized emergency or law enforcement vehicle making lawful

use of sirens and visual signals.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.12 Following Fire Vehicle Prohibited.

The driver of any vehicle other than 1 of official business shall not follow any official fire vehicle traveling

in response to a fire alarm, closer than 500 feet.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.13 Crossing Fire Hose.

No person shall drive or move a vehicle over any unprotected fire hose without consent of the fire official

in command.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.14 Emergency Vehicles Exempted from Speed Limits - Due Care Required.

(a)

The speeds designated in this Chapter shall not apply to authorized emergency vehicles when

operated in emergencies.

(b)

Nothing in this Chapter shall relieve the driver of an authorized emergency vehicle from the duty

to drive with due regard for the safety of all persons using a roadway.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.15 Motorcycles - Operation on Laned Roads.

(a)

All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in a way that

deprives a motorcycle of the full use of a lane.

(b)

The operator of a motorcycle shall not overtake and pass in the same lane as is occupied by the

vehicle being overtaken.

(c)

The operator of a motorcycle shall not overtake and pass a vehicle while any oncoming vehicles

are adjacent to the vehicle being overtaken.

(d)

Motorcycles shall not be operated more than 2 abreast in a lane.

(e)

Subsections (b) and (c) shall not apply to enforcement officers in the performance of their official

duties.

(f)

It is unlawful for any person to transport a child under the age of 5 on a motorcycle or motordriven cycle.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.16 Motorcycles - Riding on the Permanent Seat Only.

RSLOC Chapter 15: Last Updated March 12, 2025

Page 17 of 31

(a)

A person operating a motorcycle shall ride only upon the permanent and regular seat attached to

the motorcycle and such operator shall not carry any other person nor shall any other person ride

on a motorcycle unless such motorcycle is designed to carry more than 1 person.

(b)

A passenger shall ride only upon a seat designated for that purpose.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.17 Motorcycles - Foot pegs.

A motorcycle must be equipped with foot pegs for each person the motorcycle is designated to carry.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.18 Motorcycles - Both Feet Not to Be On the Same Side.

No person shall ride a motorcycle in a position where both feet are placed on the same side of the

motorcycle.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.19 Motorcycles-Clinging to Other Vehicles.

No person riding upon a motorcycle shall attach him or herself or the motorcycle to any other vehicle on a

roadway.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-5.20 Motorcycles - Temporary Suspension of Rules for Public Demonstrations.

The law enforcement supervisor may suspend certain provisions of this Chapter relating to operation of

motorcycles for the purpose of allowing public demonstrations of motorcycle operation.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-6 Off-road Vehicles

15-6.01 Off-road Vehicles.

It shall be unlawful for any person to drive a vehicle except on existing roadways anywhere within the

jurisdiction of the Tribe unless the person has prior permission of the landowner.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-7 Pedestrians

15-7.01 Pedestrians-Drivers to Exercise Care.

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway

and shall exercise proper precaution upon seeing any child or incapacitated person upon a roadway.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-8 Property Damage - Materials on the Road

15-8.01 Throwing Glass or Other Materials on Road Prohibited.

RSLOC Chapter 15: Last Updated March 12, 2025

Page 18 of 31

(a)

No person shall throw or deposit upon or adjacent to any roadway any glass, nails, tacks, wire,

cans, bottles, or any other objects likely to injure any person, animal or vehicle upon or near such

roadway.

(b)

Any person removing a wrecked or damaged vehicle from a roadway shall remove any glass or

other injurious object or substance dropped from the vehicle onto the roadway, provided such

removal does not interfere with or jeopardize an on-going law enforcement investigation.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-8.02 Permitting Escape of Load and Other Materials.

Any person operating a vehicle from which any glass or other objects have fallen or escaped which could

endanger travel upon the roadway shall immediately remove all such glass or objects from the roadway.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-8.03 Interference with Signs and Signals.

No person shall deface, injure, or remove any official traffic signs or signals.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-9 Speed Limits - Due Care Required

15-9.01 Speed Limit.

No person shall drive a vehicle in excess of the posted speed limits within the jurisdiction of the Tribe or as

designated by this Chapter for the particular district or location on a roadway.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-9.02 Residential Speed Limit.

In residential areas which are not posted, no person shall drive a vehicle in excess of 25 miles per hour.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15.9.03 Due Care Required.

(a)

No person shall drive a vehicle or a bicycle upon a roadway in a manner or at a speed greater than

is reasonable and prudent, having due regard for the traffic, surface, and width of the roadway

and the hazards at intersections and any other conditions then existing.

(b)

Nor shall any person drive in a manner or at a speed which is greater than will permit the driver to

exercise proper control of the vehicle or bicycle and to decrease speed or to stop as may be

necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the

roadway in compliance with legal requirements and with the duty of drivers and other persons

using the roadway to exercise due care.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-9.04 Speed Limits-Changes by the Spokane Tribal Council.

The Spokane Tribal Council may determine whether the maximum speed limits within the Tribe's jurisdiction

are greater or less than is reasonable and safe under the conditions of a particular road or section of road

and may declare a reasonable and safe maximum speed limit and cause same to be posted.

RSLOC Chapter 15: Last Updated March 12, 2025

Page 19 of 31

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-10 Vehicle Travel - Rules of the Road

15-10.01 Drive on the Right Side of the Road.

Every vehicle shall be driven on the right side of the roadway except as follows:

(a)

When overtaking and passing another vehicle proceeding in the same direction;

(b)

When a roadway is not sufficiently wide;

(c)

When an obstruction exists making it necessary to drive to the left of center; provided that any

person so doing shall yield the right-of-way to oncoming traffic.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.02 Turning, Stopping, Moving Right or Left-Signals Required.

(a)

No person shall turn a vehicle or move right or left upon a road unless such movement can be

made with reasonable safety and unless the proper hand or lighted turn signal is given.

(b)

Whenever the signal is given by means of the hand and arm, the driver shall indicate the driver’s

intention to:

(1)

turn to the left by extending the left hand and arm horizontally from and beyond the left

side of the vehicle,

(2)

turn to the right by extending the left hand and arm upward and beyond the left side of

the vehicle, and

(3)

stop or suddenly decrease speed by extending the left hand and arm downward from and

beyond the left side of the vehicle.

(c)

The signal herein required is to be given before turning to the right or the left, whether by means

of the hand and arm or by means of an approved mechanical or electrical device.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.03 Turning at Intersections.

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

(a)

Approach for a right turn shall be made in the lane for traffic nearest to the right-hand side of the

roadway and the right turn shall be made as closely as practicable to the right-hand curb or edge

of the roadway.

(b)

Approach for a left turn shall be made in the lane for traffic to the right and nearest to the centerline

of the roadway and the left turn shall be made by passing to the right of such center line where it

enters the intersection, and upon leaving the intersection by passing to the right of the center line

of the roadway then entered; provided, that the provisions of this subsection shall not apply to

passenger vehicles actually engaged in loading or unloading passengers at an intersection prior to

making a left turn.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.04 Right-of-way-Vehicle Turning Left.

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The driver of a vehicle intending to turn left into an alley, driveway, or other road shall yield the right-ofway to any vehicle approaching from the opposite direction.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.05 Right-of-Way-Yielding for Road Construction.

The driver of a vehicle shall yield the right-of-way to any authorized vehicle or pedestrian engaged in work

upon a road.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.06 Overtaking and Passing.

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

(a)

A driver may overtake and pass another vehicle only while traveling on the left side of the road

and shall not again drive on the right side of road until safely clear of the overtaken vehicle;

(b)

A driver may overtake and pass another vehicle only when the left side of the road is clearly visible

and free of oncoming traffic for a sufficient distance ahead to avoid interfering with the flow of

oncoming traffic;

(c)

No vehicle shall be driven on the left side of the road when approaching or upon the crest of a

grade or a curve in the road where the driver’s view is obstructed;

(d)

No driver shall at any time drive on the left side of the road where signs or markings are in place

to define a no-passing zone; and,

(e)

A driver shall overtake and pass another vehicle in a safe manner.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.07 Passing School Bus.

(a)

The driver of a vehicle approaching a school bus from either direction shall stop the vehicle before

reaching the school bus when the school bus displays a visual signal to stop.

(b)

The driver shall not proceed until such visual signal is withdrawn.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.08 Following Too Closely.

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

travel conditions.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.09 "U" Turns.

The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such

movement can be made safely, without interfering with other traffic.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.10 Backing.

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A driver shall not back a vehicle unless such movement can be made safely and without interfering with

the other traffic.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.11 Traffic Signs, Signals and Markings.

The driver of any vehicle and every bicyclist shall obey the instructions of any official traffic sign, signal and

marking placed within the jurisdiction of the Tribe, unless otherwise directed by an enforcement officer, or

flagger, or emergency response personnel.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.12 Stopping, Standing or Parking on Road.

(a)

No person shall stop, park, or leave standing any vehicle so as to interfere with traffic on the

traveled portion of the road.

(b)

This prohibition shall not apply to the driver of any vehicle which is disabled to the extent that it is

impossible to avoid temporarily leaving the vehicle in such position.

(c)

The driver shall arrange for prompt removal of the vehicle.

Legislative History - Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.13 Stopping, Standing or Parking Prohibited in Certain Places.

No person shall stop, park, or leave standing any vehicle, in front of any driveway except momentarily to

pick up or discharge a passenger at any place where official signs or markings prohibit stopping, standing,

or parking.

Legislative History - Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.14 Leaving Children Unattended in Vehicle.

No person shall leave children under the age of 12 years unattended in a vehicle.

Legislative History - Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.15 Obstructing the Driver’s View.

No person shall drive a vehicle when it is so loaded as to obstruct the driver's view to the front and sides

of the vehicle or as to interfere with the driver's control over the vehicle.

Legislative History - Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-10.16 Alcoholic Beverages – Prohibited. Deleted

Legislative History - Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524; Amended 1106/07, Resolu 2008-64.

15-10.17 Negligent Driving, Second Degree.

(a)

A person is guilty of negligent driving in the second degree if, under circumstances not constituting

negligent driving in the first degree, he or she operates a motor vehicle on the Reservation in a

manner that is both negligent and endangers or is likely to endanger any person or property.

(b)

Negligent driving in the second degree is a traffic infraction, the penalty for which is a fine of not

less than $150.

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(c)

For the purposes of this section "negligent" means the failure to exercise ordinary care, and is the

doing of some act that a reasonably careful person would not do under the same or similar

circumstances or the failure to do something that a reasonably careful person would do under the

same or similar circumstances.

(d)

Any act prohibited by this section that also constitutes a crime under any other law of the Spokane

Tribe may be the basis for prosecution under such other law notwithstanding that it may also be

the basis for prosecution under this section.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-11 Suspension of Driving Privileges & Reporting Stolen Vehicles

15-11.01 Suspension of Driving Privileges of Minor in Consumption.

(a)

Any Indian minor who has been adjudicated of the offense of Minor in Consumption shall have his

privilege to drive on the Reservation suspended for a period of 1 year.

(b)

For a second offense, said minor shall have his privilege to drive on the Reservation suspended for

2 years.

(c)

Any further offenses shall result in suspension of driving privileges on the Reservation until age 21.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-11.02 Driver's Duty to Report.

It shall be the duty of any person involved in a collision with an attended or unattended vehicle or property,

as soon as practicable following the collision, to notify law enforcement of such collision.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-11.03 Record of Traffic Charges.

The Court shall keep or cause to be kept a record of every notice of civil traffic infraction or other traffic

charge filed with the Court and shall keep a record of every official action the Court takes in relation to a

civil traffic infraction or other traffic charge.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-11.04 Persons Under Influence of Intoxicating Liquor or Drugs-Evidence-Tests-Information Concerning

Tests.

(a)

Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been

committed by any person while driving or in actual physical control of a vehicle while under the

influence of intoxicating liquor or any drug, if the person's alcohol concentration is less than 0.08,

it is evidence that may be considered with other competent evidence in determining whether the

person was under the influence of intoxicating liquor or any drug.

(b)

The breath analysis shall be based upon grams of alcohol per 2 hundred 10 liters of breath. The

foregoing provisions of this section 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 or any drug.

(c)

Analysis of the person's blood or breath to be considered valid under the provisions of this section

or Section 15-13.01, Driving While Under the Influence of Intoxicating Liquor or Drugs, shall have

RSLOC Chapter 15: Last Updated March 12, 2025

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been performed according to generally accepted methods and by an individual possessing

appropriate training and skills.

(d)

When a blood test is administered, the withdrawal of blood for the purpose of determining its

alcohol or drug content may be performed only by a physician, a registered nurse, or a qualified

technician. This limitation shall not apply to the taking of breath specimens.

(e)

The person tested may have a physician, or a qualified technician, chemist, registered nurse, or

other qualified person of his or her own choosing administer 1 or more tests in addition to any

administered at the direction of a law enforcement officer.

(1)

(f)

The failure or inability to obtain an additional test by a person shall not

preclude the admission of evidence relating to the test or tests taken at the

law enforcement officer.

Upon the request of the person who shall submit to a test or tests at the request of a law

enforcement officer, full information concerning the test or tests shall be made available to him or

her or his or her attorney.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-12 Fine Schedule

15-12.01 Penalties. The following schedule of fines applies to the civil traffic infractions enumerated in

this Chapter:

SLOC_

15-4.02

15-4.03

15-4.04

15-4.05

15-4.06

15-4.07

15-4.08

15-4.09

15-4.10

15-4.11

15-4.12

15-4.13

15-4.14

15-4.15

15-4.16

15-4.17

15-4.18

15-5.02

15-5.03

15-5.04

15-5.05

15-5.06

15-5.07

15-5.08

15-5.09

15-5.10

15-5.11

INFRACTION

FINE

Required safety equipment

66

Vehicles to be equipped with tires

66

Multiple-beam headlights

66

Use of multiple-beam headlights

66

Spot lamps

66

Times when headlights, taillights are required to be on

66

Wheel projections

66

Body projections

66

Flags on projecting load

66

Safety belts - use required

66

Child passenger restraints required

66

Motorcycle safety equipment

66

Motorcycles - headlights and taillights to be on

66

Motorcycles - exhaust system

66

Motorcycles - eye protection

66

Moving vehicles in unsafe condition

66

Bicycle equipment

66

Drivers to be licensed

332

Failure to notify licensing agency regarding name/address change

Operator license on person

66

Failure to comply with learner’s permit

66

Motorcycle endorsement required

66

Vehicle license required

66

Failure to show proof of liability insurance

475

Failure to show registration with signature

66

Failure to Submit to Breath or Blood Test

500

Failure to yield to emergency vehicles

100

RSLOC Chapter 15: Last Updated March 12, 2025

Page 24 of 31

15-5.12

15-5.13

15-5.15

15-5.16

15-5.17

15-5.18

15-5.19

15-6.01

15-7.01

15-8.01

15-8.02

15-8.03

15-9.01

Following fire vehicle

Crossing fire hose

Motorcycles - operation on laned roads

Motorcycles - riding on the permanent seat only

Motorcycles - foot pegs

Motorcycles - both feet not to be on same side

Motorcycles - clinging to other vehicles

Off-road vehicles

Pedestrians - drivers to exercise care

Throwing glass or other materials on road prohibited

Permitting escape of load and other materials

Interference with signs, signals

Exceeding speed limit:

If Speed Limit is 40 MPH or less:

MPH

1-5 over

6-10 over

11-15 over

16-20 over

21-25 over

26-30 over

31-35 over

36- over

57

66

95

133

180

228

275

332

If Speed Limit is over 40 MPH:

MPH

1-5 over

6-10 over

11-15 over

16-20 over

21-25 over

26-30 over

31-35 over

36-40 over

Over 40

38

57

85

114

142

180

228

275

332

100

66

66

66

66

66

66

76

66

152

152

100

21 MPH and over the speed limit constitutes Reckless Driving under Section 15-13.05

15-9.03

15-10.01

15-10.02

15-10.03

15-10.04

15-10.05

15-10.06

15-10.07

15-10.08

15-10.09

15-10.10

15-10.11

15-10.12

15-10.13

15-10.14

15-10.15

15-10.17

Due care required

Drive on the right side of the road

Turning, stopping, moving – right or left signals required

Turning at intersections

Right-of-way - vehicle turning left

Right-of-way - yielding for road construction

Overtaking and passing

Passing school bus

Following too closely

“U” turns

Backing

Traffic signs, signals and markings

Stopping, standing or parking on road

Stopping, standing or parking in certain places

Leaving children unattended

Obstructing the driver’s view

Negligent driving second degree

RSLOC Chapter 15: Last Updated March 12, 2025

66

66

66

66

66

114

66

152

66

66

152

66

57

47

100

66

150

Page 25 of 31

15-11.02

Failure to report

66

Legislative History - Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

Section 15-13 Criminal Traffic Infractions

5-13.01 Driving While Under the Influence of Intoxicating Liquor, Drugs or Other Intoxicants.

(a)

A person is guilty of driving while under the influence of intoxicating liquor, any drug or other

intoxicant if that person drives a vehicle within the Reservation while:

(1)

(2)

(3)

having 0.08 grams or more of alcohol per 2 hundred 10 liters of breath as

shown by analysis of the person's breath;

having 0.08 percent or more by weight of alcohol in the person's blood as shown by

analysis of the blood;

under the influence of or affected by any, some, or all of the following: intoxicating liquor,

any drug or glue or other intoxicating substance; or any combination of such substances.

(b)

The fact that any person charged with a violation of this section is or has been entitled to use of

such drug under the laws of the Tribe, or any other jurisdiction, shall not constitute a defense

against any charge of violating this section.

(c)

Driving While Under the Influence is punishable by a period of incarceration of not less than 5 days

nor more than 30 days; a fine of not less than $100 and not more than $300, or both such fine

and imprisonment.

(d)

A second or subsequent conviction of the crime of Driving While Under the Influence within 5 years

shall be punishable by a period of incarceration of not less than 30 days and not more than 90 days; a fine

of not less than $300 and not more than $500, or both such fine and imprisonment.

Legislative History - Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.02 Physical Control of Vehicle Under the Influence.

(a)

Definitions:

(1)

“Actual physical control” means any person who is seated in the driver’s seat of a motor

vehicle or is in a position to regulate the vehicle’s movement;

Legislative History-Amended 07/05/06, Resolu. 2006-478

(2)

(3)

(b)

“Moved” means the vehicle has been driven or removed from the roadway and did not

leave the roadway as a result of a collision or other force beyond the control of the vehicle’s

driver;

“Safely off the roadway” for purposes of this provision means that the driver or another

person has moved the vehicle from the traveled portion of the roadway, the vehicle is no

longer running, and the evidence shows the driver no longer intends to drive back onto

the roadway.

A person is guilty of being in actual physical control of a motor vehicle while under the influence

of intoxicating liquor, or any drug, if the person has actual physical control of a vehicle within the

Reservation:

(1)

(2)

(3)

While the person has an alcohol concentration of 0.08 or higher; or

While the person is under the influence of or affected by intoxicating liquor or any drug;

or

While the person is under the combined influence of or affected by intoxicating liquor and

any drug.

RSLOC Chapter 15: Last Updated March 12, 2025

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(c)

The fact that a person charged with a violation of this section is or has been entitled to use a drug

under the laws of the Spokane Revised Law and Order Code does not constitute a defense to any

charge of violating this section.

(1)

No person may be convicted under this section if, before being pursued by a law

enforcement officer, the person has moved the vehicle safely off the roadway.

(2)

The Court shall punish a violation of this section in the same manner as violations of the

RSLOC Provision 15-13.01.

Legislative History - Enacted 3/07/06, Resolu. 2006-233; Readopted 8/01/06, Resolu. 2006-524.

15-13.05 Reckless Driving.

(a)

Any person who shall drive or operate any motor vehicle in a wanton or willful disregard for the

safety or properties of the people of the Reservation shall be deemed guilty of reckless driving.

(b)

Any person who drives 21 miles per hour over the speed limit shall be deemed guilty of reckless

driving.

(c)

Reckless driving is punishable by a period of incarceration of not less 2 days in jail and no more

than 20 days; a fine of not less than $150 and no more than $300, or both such fine and

imprisonment.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.07 Negligent Driving In the First Degree.

(a)

Negligent Driving In the First Degree

(1)

(2)

(b)

A person is guilty of negligent driving in the first degree if that person operates any motor

vehicle on the Reservation in a manner that is both negligent and endangers or is likely to

endanger any person or property, and exhibits the effects of having consumed liquor or

an intoxicating drug or substance.

It is an affirmative defense to negligent driving in the first degree by means of exhibiting

the effects of having consumed an intoxicating drug that must be proved by the defendant

by a preponderance of the evidence, that the driver has a valid prescription for the drug

consumed, and has been consuming it according to the prescription directions and

warnings.

(A)

A person found guilty of negligent driving shall be incarcerated for a period not

less than 2 days nor more than 15 days; ordered to pay a fine of not less than

$100 nor more than $250, or both such fine and imprisonment.

For the purposes of this section:

(1)

(2)

"Negligent" means the failure to exercise ordinary care, and is the doing of some act that

a reasonably careful person would not do under the same or similar circumstances or the

failure to do something that a reasonably careful person would do under the same or

similar circumstances.

"Exhibiting the effects of having consumed liquor" means that a person has the odor of

liquor on his or her breath, or exhibits by speech, manner, appearance, behavior, lack of

coordination, or otherwise that he or she has consumed liquor, and either:

(A)

Is in possession of or in close proximity to a container that has or recently had

liquor in it; or,

(B)

Is shown by other evidence to have recently consumed liquor.

RSLOC Chapter 15: Last Updated March 12, 2025

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(3)

"Exhibiting the effects of having consumed an intoxicating drug or substance" means that

a person by speech, manner, appearance, behavior, lack of coordination, or otherwise

exhibits that the person has consumed an intoxicating drug or substance and either:

(A)

Is in possession of an intoxicating drug or substance; or

(B)

Is shown by other evidence to have recently consumed an intoxicating drug or

substance.

(4)

"Intoxicating drug" means a controlled substance under the Controlled Substances Act,

Title 21 U.S.C. § 801 et seq., for which the driver does not have a valid prescription or that is not being

consumed in accordance with the prescription directions and warnings, or other illegal drug under federal

law which adversely affects a person’s ability to operate a motor vehicle.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.09 Hit and Run of Unattended Car or Other Property.

(a)

A person is guilty of hit and run of unattended car or other property within the Reservation when

an operator of any vehicle which collides with any other vehicle or other property, which is unattended,

fails to immediately stop and either:

(1)

(2)

locate and notify the owner or operator of said vehicle or other property, of his or her

name and address or,

leave in a conspicuous place in or on the vehicle, or other property, a written notice, giving

the name, address and telephone number of the operator and owner of the vehicle striking

such vehicle or other property.

(b)

Hit and run of unattended car or other property is punishable by not less than 5 days, nor more

than 30 days incarceration; a fine of not more than $150 nor more than $350, or both such fine and

imprisonment.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.11 Hit and Run of an Attended Vehicle or Other Property.

(a)

A driver is guilty of hit and run of an attended vehicle or other property within the Reservation

when the driver is involved in a collision resulting in the apparent injury to or death of any person

or damage to property as a proximate result of the collision, fails to immediately stop such vehicle

at the scene of such accident or as close thereto as possible, without obstructing traffic more than

necessary, forthwith return to, and remain at the scene of such accident until the driver has fulfilled

requirements listed in section (b).

(b)

The driver of any vehicle involved in a collision resulting in apparent injury to or death of any

person or damage to any vehicle which is driven or attended by another person or damage to

other property shall give his or her name, address and vehicle license number and shall exhibit his

or her vehicle driver's license to any person struck or injured or the driver or any occupant of, or

any person attending, any such vehicle collided with and shall render to any person injured in such

accident reasonable assistance, including the carrying of such person to a physician or hospital for

medical treatment if it is apparent that such treatment is necessary or if such carrying is requested

by the injured person or on his or her behalf. In the event that none of the persons specified are

in a condition to receive the information to which they otherwise would be entitled under this

section, and no police officer is present, the driver of any vehicle involved in such accident after

fulfilling all other requirements of this section insofar as possible on his or her part to be performed,

shall forthwith report such accident to the police authority and submit thereto the information

specified in this section.

RSLOC Chapter 15: Last Updated March 12, 2025

Page 28 of 31

(c)

A driver transporting an injured person pursuant to subsection (b) above shall not, absent a

showing of gross negligence, be liable for any injuries or damages incurred during the transporting

of the injured person.

(d)

A driver incurring the duties as set forth in Section (b) above shall not transport an injured person

if the driver is, in any manner, however slight, under the influence of any intoxicating substance

described in section 15-3.01.

(1)

Transporting an injured person, while the driver is under the influence, however slight, of

alcohol, drug or other intoxicating substance shall be conclusive evidence of gross

negligence.

(e)

Hit and run of an attended vehicle or other property is punishable by imprisonment of not less than

10 days and not more than 60 days; a fine of not less than $200 and not more than $500, or both such

fine and imprisonment.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.13 Operating a Motor Vehicle While Privilege is Suspended or Revoked.

(a)

A person is guilty of operating a motor vehicle while privilege is suspended or revoked if he or she

operates a motor vehicle within the jurisdictional territory of the Spokane Tribe while the privilege to do so

has been suspended or revoked by any jurisdiction.

(b)

Operating a motor vehicle while privilege is suspended is punishable by a period of incarceration

of not less than 3 days nor more than 30 days; a fine of not less than $150 nor more than $300, or both

such fine and imprisonment for the first offense;

(1)

(2)

a second or subsequent offense within 3 years is punishable by a period of incarceration

of not less than 20 nor more than 45 days; a fine of not less than $250 nor more than

$400, or both such fine and imprisonment;

A third or subsequent conviction within years is punishable by a period of incarceration of

not less than 45 nor more than 90 days; a fine of not less than $350 nor more than $500,

or both such fine and imprisonment.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.15 Attempting to Elude a Law Enforcement Officer.

(a)

A driver is guilty of attempting to elude a law enforcement Officer in the second degree

when

he/she willfully fails or refuses to immediately bring his or her vehicle to a stop once the driver

knows that a law enforcement officer has given him/her a visible or audible signal to bring his/her

vehicle to a stop.

(b)

A driver is guilty of attempting to elude in the first degree when he/she willfully fails or refused to

immediately bring his/her vehicle to a stop once the driver knows that a law enforcement officer

has given him/her a visible or audible signal to bring his/her vehicle to a stop, and who drives

his/her vehicle in a manner indicating a wanton or willful disregard for the lives and property of

others while attempting to elude a pursuing police vehicle.

(c)

“Immediately,” as used in this section, means stopping as soon as it is reasonably possible.

(d)

Eluding a law enforcement officer in the second degree shall be punishable by a minimum of 10

and a maximum of 90 days in jail; a minimum fine of $250 and a maximum fine of $400, or both

such fine and imprisonment.

RSLOC Chapter 15: Last Updated March 12, 2025

Page 29 of 31

(e)

Eluding a law enforcement officer in the first degree shall be punishable by a minimum of 30 and

a maximum of 180 days in jail; a minimum fine of $350 and a maximum fine of $500, or both such

fine and imprisonment.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.17 Prohibited Use of Alcoholic Beverages in Vehicle.

(a)

A person is guilty of prohibited use of alcoholic beverages in a vehicle if:

(1)

the person is the driver or a passenger in a vehicle that has not been moved safely off the

roadway; and

(2)

(b)

the person:

(i)

drinks any alcoholic beverage while in the vehicle; or

(ii)

has an open or unsealed receptacle containing an alcoholic beverage in their

immediate possession or control in the vehicle; or

(iii)

is the driver of a motor vehicle in which an open or unsealed receptacle containing

an alcoholic beverage is present, unless the receptacle is kept in the trunk or other

area of the vehicle that is not accessible to the occupants while the vehicle is

moving.

“Moved safely off the roadway,” for purposes of this provision, means the driver or another person

has moved the vehicle from the traveled portion of the roadway, the vehicle is no longer running,

and the evidence shows that no person intends to drive back onto the roadway.

(c)

Prohibited use of alcoholic beverages in a vehicle is punishable by incarceration for a period of not

less than 3 days and not more than 30 days in jail; a fine of not less than $100 nor more than $200, or

both such fine and imprisonment.

Legislative History - Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524; Amended 11/06/07, Resolu 2008-64;

Amended 01/17/08, Resolu 2008-162.

15-13.19 Vehicular Homicide.

(a)

When the death of any person ensues within 3 years as a proximate result of injury proximately

caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the

driver was operating a motor vehicle:

(1)

(2)

(3)

(b)

While under the influence of intoxicating liquor, drug or other substance, as defined by

Section 15-3.01; or

In a reckless manner; or

With disregard for the safety of others.

Vehicular homicide is punishable by a period of incarceration of 6 months and a fine of $500 or

both such fine and imprisonment.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.21 Vehicular Assault.

(a)

A person is guilty of vehicular assault if he/she operates or drives any vehicle:

(1)

(2)

In a reckless manner, and this conduct is the proximate cause of serious bodily injury to

another; or

While under the influence of intoxicating liquor or any drug, as defined by section 15-3.01,

and this conduct is the proximate cause of serious bodily injury to another.

RSLOC Chapter 15: Last Updated March 12, 2025

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(b)

"Serious bodily injury" means bodily injury which involves a substantial risk of death, serious

permanent disfigurement, or protracted loss or impairment of the function of any part or organ of

the body.

(c)

Vehicular assault is punishable by incarceration for 6 months; a fine of $500, or both such fine and

imprisonment.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

15-13.23 Suspension or Revocation of Driving Privileges upon the Reservation.

The Tribal Court may suspend the driving privileges of any person convicted of 15-13.01, 15-13.02, 1513.04 or 15-13.05 as follows:

15-13.01

15-13.02

15-13.04

15-13.05

15-13.09

15-13.10

2d offense within 3 years a 1-year suspension.

3rd offense within 2 years a 2-year suspension.

6 months suspension.

12 months suspension.

suspension for 10 years.

suspension for 5 years.

Legislative History-Enacted 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.

DELETED.

Legislative History – Deleted 08/19/08, Resolu ’08-484; Readopted 08/01/06, Resolu. 2006-524; Enacted 040/7/00, Resolu. 2000-179

RSLOC Chapter 15: Last Updated March 12, 2025

Page 31 of 31

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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