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Ely Shoshone Tribal Code

SECTION 486 - MOTORCYCLES AND SIMILAR VEHICLES

GENERAL PROVISIONS

SECTION 486.011            Definitions.

SECTION 486.031            “Highway” defined.

SECTION 486.038            “Moped” defined.

SECTION 486.039            “Off Road Vehicle (AVT)” defined.

SECTION 486.041            “Motorcycle” defined.

SECTION 486.051            “Muffler” defined.

SECTION 486.055            “Program” defined.

SECTION 486.057            “Trimobile” defined.

DRIVER’S LICENSES

SECTION 486.171            Permitting unauthorized person to drive.

SECTION 486.061            License required to operate motorcycle or trimobile: expection.

OPERATION AND EQUIPMENT

SECTION 486.171            Permitting unauthorized person to drive.

SECTION 486.061            License required to operate motorcycle or trimobile: expection.

SECTION 486.181            Carrying passengers.

SECTION 486.191            Driver’s position while operating.

SECTION 486.201            Height of handlebar.

SECTION 486.211            Position of driver’s hands.

SECTION 486.221            Fenders required while in operation.

SECTION 486.231            Protective headgear and glasses: Standards; when use required.

SECTION 486.241            Protective headgear and glasses: Sale or distribution.

SECTION 486.251            Use of head lamps, stop lights and turn signals required.

SECTION 486.261            Tail lamps.

SECTION 486.271            Turn signals.

SECTION 486.281            Head lamps.

SECTION 486.291            Reflectors.

SECTION 486.301            Brakes.

SECTION 486.311            Mirrors.

SECTION 486.331            Rights and duties of drivers.

SECTION 486.341            Right to full use of traffic lane.

SECTION 486.351            Unlawful passing; driving abreast.

PROVISIONS REGARDING OFF ROAD VEHICLES

SECTION 486.352         Prohibition.

SECTION 486.353         Vacant land defined.

SECTION 486.354          Exceptions.

SECTION 486.355          Violation-Penalty.

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GENERAL PROVISIONS

SECTION 486.011  Definitions.  As used in SECTION 486.011 to 486.381, inclusive, unless the context otherwise requires, the words and terms defined in SECTION 486.031 to 486.057, inclusive, have the meanings ascribed to them in those sections.

SECTION 486.031  “Highway” defined.  “Highway” means the entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic.

SECTION 486.038  “Moped” defined.  “Moped” means a vehicle which looks and handles essentially like a bicycle and is propelled by a small engine which produces not more than 2 gross brake horsepower and which has a displacement of not more than 50 cubic centimeters, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

SECTION 486.039  “Off Road Vehicle (AVT)” defined.  “Off Road Vehicle (ATV)” means any 3 or 4 wheel motor vehicle designed for off road use.

SECTION 486.041  “Motorcycle” defined.  “Motorcycle” means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, including a power cycle but excluding a tractor and a moped.

SECTION 486.051  “Muffler” defined.  “Muffler” means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and is effective in reducing noise, but does not include such a device equipped with an apparatus which permits the exhaust gas to be discharged directly into the air without passing through such device.

SECTION 486.055  “Program” defined.  “Program” means the Program for the Education of Motorcycle Riders.

SECTION 486.057  “Trimobile” defined.  “Trimobile” means every motor vehicle designed to travel with three wheels in contact with the ground, two of which are power driven.

SECTION 486.061  License required to operate motorcycle or trimobile; exception.  Except for a nonresident who is at least 16 years of age and is authorized by the state of his residency to drive a motorcycle, a person shall not drive:

1.                    A motorcycle, except a trimobile, upon a highway unless that person holds a valid motorcycle driver’s license.

2.                    A trimobile upon a highway unless that person holds a valid motorcycle driver’s license.

OPERATION AND EQUIPMENT

SECTION 486.171  Permitting unauthorized person to drive.  A person shall not authorize or knowingly permit a motorcycle, except a trimobile, owned by him or under his control to be driven upon any highway by any person who is not authorized to drive a motorcycle.

 

SECTION 486.181  Carrying passengers.

      1.  A motorcycle or moped shall not be driven upon a highway while carrying more than one person unless such motorcycle or moped is designed by the manufacturer to carry more than one person.

      2.  A passenger shall ride:

      (a) Behind the driver and astride the permanent or regular seat which was designed for two persons;

      (b) Astride another seat firmly attached at the rear of the driver; or

      (c) In a sidecar attached.

      3.  Every such motorcycle or moped designed for transporting a passenger shall be equipped with footrests adjusted to fit such passenger.

SECTION 486.191  Driver’s position while operating.

      1.  A person driving a motorcycle or moped shall ride only upon the permanent and regular seat attached thereto.

      2.  A person shall not drive a motorcycle or moped with the seat for the driver so positioned that the driver, when sitting astride the seat with the motorcycle or moped in a stopped and upright position, cannot reach the ground with both feet simultaneously.

SECTION 486.201  Height of handlebar.  A person shall not drive a motorcycle or moped equipped with handlebars which extend above the uppermost portion of the driver’s shoulders when the driver sits on the seat and the seat is depressed by the weight of the driver.

SECTION 486.211  Position of driver’s hands.  The driver of a motorcycle or moped shall drive with at least one hand on a handlebar at all times.

SECTION 486.221  Fenders required while in operation.  A person shall not drive a motorcycle or moped unless the wheels are protected by fenders to prevent the throwing of rocks, dirt, water or other substances to the rear.

SECTION 486.231  Protective headgear and glasses: Standards; when use required.

      1.  The Tribal Police Department shall adopt standards for protective headgear and protective glasses, goggles or face shields to be worn by the drivers and passengers of motorcycles and transparent windscreens for motorcycles.

      2.  Except as provided in this section, when any motorcycle, except a trimobile or moped, is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting those standards. Drivers and passengers of trimobiles shall wear protective glasses, goggles or face shields which meet those standards.

      3.  When a motorcycle or a trimobile is equipped with a transparent windscreen meeting those standards, the driver and passenger are not required to wear glasses, goggles or face shields.

      4.  When a motorcycle is being driven in a parade authorized by a local authority, the driver and passenger are not required to wear the protective devices provided for in this section.

      5.  When a three-wheel motorcycle, on which the driver and passengers ride within an enclosed cab, is being driven on a highway, the driver and passengers are not required to wear the protective devices required by this section.

SECTION 486.241  Protective headgear and glasses: Sale or distribution.

      1.  A person shall not sell, offer for sale or distribute any protective headgear, glasses, goggles or face shields for use by any drivers or passengers of motorcycles or transparent windscreens for motorcycles unless the equipment is of a type and specification meeting the standards therefor adopted by the Department.

      2.  The provisions of this section do not prohibit the sale of protective headgear, glasses, goggles or face shields which comply with the rules and regulations adopted by the United States Department of Transportation.

SECTION 486.251  Use of head lamps, stop lights and turn signals required.

      1.  Every motorcycle or moped operated upon a highway of this Reservation at any time from one-half hour after sunset to one-half hour before sunrise and at any other time when, because of insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1,000 feet ahead must display lighted lamps and illuminating devices as respectively required pursuant to SECTION 486.011 to 486.381, inclusive.

      2.  Every motorcycle or moped operated upon a highway must be equipped with stop lights to be lighted in the manner prescribed for the use of such devices.

SECTION 486.261  Tail lamps.

      1.  Except as otherwise provided in subsection 3, every motorcycle or moped must be equipped with at least one tail lamp mounted on the rear, which, when lighted as required by SECTION 486.011 to 486.381, inclusive, emits a red light plainly visible from a distance of 500 feet to the rear.

      2.  The tail lamp must be wired to be lighted whenever the head lamp is lighted.

      3.  The tail lamp on a motorcycle may contain a blue insert that does not exceed 1 inch in diameter.

      SECTION 486.271  Turn signals.

      1.  Every motorcycle manufactured after January 1, 1973, which is sold or offered for sale and which is intended to be operated upon the highways of this Reservation shall be equipped with electric turn signal lamps.

      2.  Such lamps shall be located on the front and rear and shall indicate an intention to turn by flashing lights in the direction toward which the turn is to be made.

      3.  The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber.

      4.  The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit red or amber light, or any shade of light between red and amber.

SECTION 486.281  Head lamps.

      1.  Every motorcycle or moped shall be equipped with at least one and not more than two head lamps.

      2.  Every such head lamp on a motorcycle shall be located at a height of not more than 54 inches nor less than 24 inches from the ground as measured from the center of the lamp to the level ground upon which such motorcycle stands without a load.

SECTION 486.291  Reflectors.

      1.  Every motorcycle or moped shall carry on the rear at least one reflector, which shall be mounted at a height not less than 20 inches nor more than 60 inches from the ground as measured from the center of the reflector to the level ground upon which such motorcycle or moped stands without a load.

      2.  Each such reflector shall be of a size and character and so mounted as to be visible at night from all distances within 300 feet when directly in front of lawful lower beams of head lamps.

SECTION 486.301  Brakes.  Every motorcycle or moped shall be equipped with brakes adequate to control the stopping and holding as prescribed in SECTION 484.593 and 484.595.

SECTION 486.311  Mirrors.  Every motorcycle or moped shall be equipped with two mirrors, each containing a reflection surface not less than 3 inches in diameter, with one mirror mounted on each handlebar, in positions enabling the driver to view clearly the highway for a distance of 200 feet to the rear.

SECTION 486.331  Rights and duties of drivers.  A person driving a motorcycle or moped upon a highway is entitled to all the rights and subject to all the duties applicable to the drivers of motor vehicles as provided by law, except those provisions which by their nature can have no application.

SECTION 486.341  Right to full use of traffic lane.  Every motorcycle or moped when being driven on the highway is entitled to full use of the traffic lane it is occupying, and a person shall not drive another motor vehicle in a manner which would deprive any such motorcycle or moped of such use.

SECTION 486.351  Unlawful passing; driving abreast.

      1.  A person, except a police officer in the performance of his duty, shall not drive a motorcycle or moped between moving or stationary vehicles occupying adjacent traffic lanes.

      2.  Except as provided in subsection 3, a person shall not drive a motorcycle, moped or trimobile abreast of or overtake or pass another vehicle within the same traffic lane.

3.                    Motorcycles and mopeds may, with the consent of the drivers, be operated no more than two abreast in a single traffic lane.

SECTION 486.352  Prohibition.  It is unlawful for any person to drive or operate a motorcycle, motor-powered bicycle, or any other motor-powered vehicles commonly known to be “off-road” type vehicles used principally for sport or hunting purposes on any vacant lands not a public street or right-of-way when such vacant land is within one thousand (1,000) feet of any residential area.

SECTION 486.353  Vacant land defined.  For the purposes of this chapter, “vacant land” is defined as any land not improved and utilized as and for a residential or commercial purpose.

SECTION 486.354  Exceptions

(a)     This chapter shall not apply to any police, fire or other emergency or local, state, federal or governmental vehicle, or Tribal maintenance vehicle.

(b)     This chapter shall not apply to any public or private lands expressly set apart for the use of the motor vehicles, by or with permission of the owner of such lands pursuant to any zoning permit or other permit or licensing procedure authorized by law.

(c)     This chapter shall not apply to any golf cart used on a golf course.

SECTION 486.355  Penalty.  Any person who shall violate any of the provisions of this section shall be guilty of a Category D offense.

 

 

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