It is a civil traffic violation to drive or move any vehicle which is in such unsafe condition as to endanger any person.
(Res. 81 A 57, 12/8/1981)
It is a civil traffic violation to drive or move any vehicle on a roadway which does not have the following safety equipment in proper condition and adjustment:
(a)
Reflectors. Every motor vehicle shall carry on the rear at least two red reflectors. Every reflector shall be of such size and so mounted as to be clearly visible at night within six hundred feet, when directly in front of lawful upper beams of head lamps.
(b)
Stop Lamps. Every motor vehicle shall be equipped with at least two 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.
(c)
Head Lights. Every motor vehicle shall be equipped with at least two head lights, with at least one on each side of the front of the vehicle.
(d)
Tail Lights. Every motor vehicle shall be equipped with at least two tail lights mounted on the rear which shall emit a red light plainly visible from a distance of one thousand feet to the rear of the vehicle.
(e)
Service Brakes. Every motor vehicle shall be equipped with service brakes maintained in good working order and adequate to control the movement of and to stop and hold such vehicle on any grade incident to its operation.
(f)
Parking Brakes. Every motor vehicle shall be equipped with parking brakes adequate to hold the vehicle on any grade on which it is operated.
(g)
Muffler. Every motor vehicle shall be equipped with a muffler in good working order to prevent excessive or unusual noise.
(h)
Windshield. Every motor vehicle shall be equipped with a front windshield in such condition as to permit the driver a clear view.
(i)
Windshield Wipers. Every motor vehicle shall be equipped with windshield wipers, maintained in good working order.
(j)
Bumpers. Every motor vehicle shall be equipped with bumpers maintained in good condition.
(Res. 81 A 57, 12/8/1981)
Every motor vehicle shall be equipped with tires in safe operating condition. A tire shall be considered to be unsafe if it has:
(a)
Any ply or cord exposed either to the naked eye or when cuts or abrasions on the tire are probed; or
(b)
Any bump, bulge or knot, affecting the tire structure; or
(c)
Any break repaired with a boot; or
(d)
A tread depth of less than 2/32 of an inch measured in two major tread grooves at three locations equally spaced around the tire; or
(e)
Any condition that reasonably demonstrates that the tire is unsafe; or
(f)
Markings on the tire specifying that the tire is not intended for use on a roadway, such as “for racing purposes only”; or
(g)
Tread wear indicators which contact the road in any two major tread grooves at three locations equally spaced around the tire.
(Res. 81 A 57, 12/8/1981)
It is a civil traffic violation for any person to drive or move any vehicle on a roadway from a half hour after sunset to a half four before sunrise and anytime weather conditions diminish a driver’s clear view, without head lights and tail lights turned on.
(Res. 81 A 57, 12/8/1981)
It is a civil traffic violation for any person to drive or move any vehicle on a roadway, without red signal flags marking the extremities, whenever the load upon the vehicle extends four or more feet beyond the body.
(Res. 81 A 57, 12/8/1981)
The head lights of all motor vehicles shall be so arranged that the driver may select at will between high and low beams of light. The high beams shall be so aimed and of such intensity as to reveal persons and vehicles at a distance of 450 feet ahead. The low beams shall be so aimed and of such intensity to reveal persons and vehicles at a distance of 150 feet ahead. 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.
(Res. 81 A 57, 12/8/1981)
Whenever a motor vehicle is being operated on a roadway during the times specified in section 9.03.04, the driver shall use 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.
Failure of any person to comply with this section shall be a civil traffic violation.
(Res. 81 A 57, 12/8/1981)
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 an approaching driver. Failure of any person to comply with this section shall be a civil traffic violation.
(Res. 81 A 57, 12/8/1981)
No vehicle shall be equipped with wheel nuts, hub caps, or wheel disks which project outside the body of the vehicle in a manner constituting a hazard to pedestrians and cyclists. Failure of any person to comply with this section shall be a civil traffic violation.
(Res. 81 A 57, 12/8/1981)
The body, fenders and bumpers of all vehicles shall be maintained without protrusions which could be hazardous to pedestrians and cyclists. Failure of any person to comply with this section shall be a civil traffic violation.
(Res. 81 A 57, 12/8/1981)
It is a civil traffic violation for any person to drive or move any motorcycle which does not have the following safety equipment in proper condition and adjustment.
(a)
Head Lights. Every motorcycle shall be equipped with at least one head light in good working order.
(b)
Tail Lights. Every motorcycle shall be equipped with at least on tail light in good working order.
(c)
Reflector. Every motorcycle shall carry on the rear, either as part of the tail light or separately, at least one red reflector.
(d)
Stop Lamps. Every motorcycle shall be equipped with at least one stop lamp which shall clearly display a red or amber light and which shall be visible upon application of the service brake.
(e)
Brakes. Every motorcycle shall be equipped with service brakes in safe, working order and which operates on the front and rear wheels.
(Res. 81 A 57, 12/8/1981)
Every motorcycle shall have its head light and tail light on whenever such vehicle is in motion on any roadway. Failure of any person to comply with this section shall be a civil traffic violation.
(Res. 81 A 57, 12/8/1981)
No person shall modify the exhaust system of a motorcycle in a manner which would amplify or increase the noise above the level emitted by the muffler originally installed on the motorcycle. Failure of any person to comply with this section shall be a civil traffic violation.
(Res. 81 A 57, 12/8/1981)
It is a civil traffic violation for any person to drive or ride as a passenger on any motorcycle on any roadway without wearing glasses or goggles or a face shield.
(Res. 81 A 57, 12/8/1981)
Unless expressly exempted under this section:
(a)
Occupant’s Responsibility. No person sixteen years of age or older may ride in a motor vehicle unless he or she is wearing a safety belt assembly in a properly adjusted and securely fastened manner.
(b)
Driver’s Responsibility - Passengers Under Sixteen Years of Age and Self. No person may operate a motor vehicle unless he or she and all passengers under the age of sixteen years are either wearing a safety belt assembly in a properly adjusted and securely fastened manner or are securely fastened into an approved child restraint device as specified in subsections (c) and (d).
(c)
Driver’s Responsibility - Passengers Two to Five Years of Age. Whenever a child who is less than six but at least two years of age, is being transported in a motor vehicle, the driver of the vehicle shall keep the child properly restrained either as specified in subsection (d) or with a safety belt properly adjusted and fastened around the child’s body.
(d)
Driver’s Responsibility - Passengers Under Two Years of Age. Whenever a child who is less than two years of age is being transported in a motor vehicle, the driver of the vehicle shall keep the child properly restrained in a child restraint device (infant car seat) that is secured in the vehicle in accordance with instructions of the system’s manufacturer.
(e)
Dismissal Upon Proof of Acquiring Child Safety Device. A person who is issued a notice of civil traffic infraction for violating subsections (c) and (d) due to the absence of an approved child restraint device may present proof of acquisition of such device within ten (10) business days to the Tribe’s Police Department and the Tribe shall dismiss the notice of infraction.
(f)
Traffic Safety Presentation - Partial Reduction of Fine. A person who has committed his or her first violation of subsections (a) through (d) above may view a traffic safety presentation at the Tribe’s Police Department. Upon viewing the safety presentation, the Police Department shall issue a notice to the Court Clerk that the person has viewed the presentation and note whether this was the first violation. The person shall then be entitled to a $40.00 rebate which shall be refunded when the person has paid his or her fine in full. No refund shall be given more than sixty (60) days after the person committed the violation.
(g)
Exemptions.
(i)
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 is not required to wear a safety belt.
(ii)
Operators and passengers of buses and motorcycles are not required to wear a safety belt.
(iii)
Subsections (a) through (d) shall not apply to a vehicle occupant for whom no safety belt is available because all the seat belts are in use or because seat belts were not required to be installed by the vehicle’s manufacturer. This exemption shall not apply when the seat belts installed by the manufacturer have been removed or are unusable.
(Res. 95 A 059, 5/9/1995; amended by Res. 97 A 073, 10/14/1997 to correct typographical errors. Fine and rebate amounts were amended by Res. 05-A-054, 6/14/2005)
(a)
It is a civil traffic violation for any person to drive or ride as a passenger on any motorcycle, moped, or off-road motor vehicle without wearing a protective motorcycling helmet which meets either current Snell safety standards or U.S. Department of Transportation standards. The helmet neck or chin strap must be fastened securely while the vehicle is in motion.
(b)
The parent(s) or guardian(s) shall be responsible for violations of this section by a child under the age of 16 years.
(Res. 23-A-116, 10/23/2023, effective 1/1/2024)
(a)
It is a civil traffic violation for any person to operate or ride as a passenger on a bicycle, scooter, unicycle or skateboard without wearing a protective bicycle helmet that meets U.S. Consumer Product Safety Commission safety standards. The helmet shall have either the neck or chin strap fastened securely while the device is in motion.
(b)
The parent(s) or guardian(s) shall be responsible for violations of this section by a child under the age of 16 years.
(Res. 23-A-116, 10/23/2023, effective 1/1/2024)