TITLE
19 - MOTOR VEHICLES
| Chapter |
Section
|
| 1.
General Provisions |
1
|
| 2.
Registration |
101
|
| 3.
Certificates of Title |
201
|
| 4.
Fraudulent Practices |
301
|
| 5.
Traffic Violations |
401
|
| 6.
Police Powers |
501
|
| 7.
Parking Privileges for Physically Handicapped Persons |
601
|
Historical
and Statutory Notes
The
Preamble of Band Statute 1097-MLC-52 provides:
"It
is, enacted by the Band Assembly of the Mille Lacs Band of Chippewa
Indians for the purpose of establishing standards for the registration
of motor vehicles, the issuance of certificates of title for conveyance
of ownership, any subsequent transfer of title, establishing lawful
regulations for the operation of motor vehicles and other related purposes."
Band Statute 1097-MLC-52, §§39 and 48 provide:
"Section
39. Severability. If any provision of this Chapter or the application
thereof to any person, business, corporation or circumstances is held
invalid, the invalidity shall not affect other provisions or application
of the Chapter which can be given effect without the invalid provision
or application and to this end the provisions of this Chapter are declared
severable."
"Section
48. Director of Reciprocity. The Director of Reciprocity, in and for
the Non-Removable Mille Lacs Band of Chippewa Indians for the purpose
of conducting relations pursuant to the terms of said agreement with
the State of Minnesota, Department of Public Safety and any other State
is hereby designated as Margie Anderson.
"Section
48.01. The Secretary Treasurer, Douglas Sam, the Director of Reciprocity,
Margie Anderson, and the Solicitor General, Jay Kanassatega are hereby
authorized to execute a Reciprocity Agreement with the State of Minnesota
Department of Public Safety. The said Reciprocity Agreement shall remain
in full force and effect until repealed by formal legislative act of
the Band Assembly, concurrence by the Chief Executive pursuant to provisions
of Band Statute 1141-MLC-2, Section 17 [now 3
MLBSA §16] and proper notification to the State of Minnesota."
Cross
References
Application
of provisions of this title to watercraft, see 20
MLBSA §12.
Motor vehicle excise tax, see 22 MLBSA §§401,
402.
CHAPTER
1
GENERAL PROVISIONS
Section
1. Findings and determinations.
2. Definitions.
3. Reservation of right.
4. Administrative expenses.
5. Revenue distribution.
6. American Association of Motor Vehicle Administrators: policy positions.
7. Powers and duties of Secretary.
8. Cancellation of title or registration.
9. Deputy Registrar of Motor Vehicles.
10. Removal of Deputy Registrar of Motor Vehicles.
11. Court of Central Jurisdiction.
12. Limited waiver of sovereign immunity.
13. Solicitor General obligations.
14. State and territorial motor vehicle statutes and judicial proceedings;
full faith and credit.
15. State and territorial non-judicial motor vehicle records; full faith
and credit.
16. Motor vehicle registration forms.
17. Applicability of 24 MLBSA §3301
et seq., Remedies for Creditors, and 18
MLBSA § 301, Uniform Commercial Code.
§ 1. Findings and determinations
(a)
The Band Assembly hereby finds that the registration of motor vehicles
and the imposition of motor vehicle excise taxes for the privilege
of using a motor vehicle on lands subject to the jurisdiction of the
Non-Removable Mille Lacs Band of Chippewa Indians owned by enrolled
members, who reside on said lands, is consistent with the statutory
authority of Indian tribes across the United States of America which
has been recognized by the United States Supreme Court in Washington
V. Confederated Tribes, 447 U.S. 134 (1980).
(b)
The Band Assembly hereby finds that the agreement relating to the
refundment of sales and use tax and motor vehicle excise taxes which
purports to grant continuing authority to the State of Minnesota to
collect taxes from members of any constituent Bands of the Non-Removable
Mille Lacs Band of Chippewa Indians pursuant to 25 U.S.C. 1322 and
1326 was ultra vires, to each party; and, that the Solicitor General
properly declared such agreement null and void.
(c)
The Band Assembly hereby declares that the intent and purpose of Title
19 of the Mille Lacs Band Statutes Annotated is to obtain and retain
forever the sovereign rights of the people who comprise the constituent
Bands of the Non-Removable Mille Lacs Band of Chippewa Indians to
be free from all taxation imposed by the State of Minnesota and any
of its political sub-divisions by the imposition of like taxes to
support government services for the people and by the people, and
the same shall be liberally construed to effect this purpose. Nothing
herein shall be construed as a waiver of sovereign immunity by the
Non-Removable Mille Lacs Band of Chippewa Indians in any court of
competent jurisdiction with the exception of limited waivers to the
Court of Central Jurisdiction authorized herewith.
(d)
The Band Assembly hereby finds and determines that the State of Minnesota
has continued to collect motor vehicle excise taxes from enrolled
members of the Non-Removable Mille Lacs Band of Chippewa Indians since
December 14, 1974 in violation of the United States Supreme Court
decision, Bryan V. Itasca County, 426 US 373 (1976).
(e)
The Band Assembly hereby finds and determines that the development
and implementation of this motor vehicle licensing statute is sufficient
to preempt Minnesota law and hereby respectfully requests reciprocity
from the State of Minnesota in the same manner it offered other governing
jurisdictions. The Solicitor General is hereby authorized and directed
to implement this provision.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §1.
§ 2. Definitions
In this title the following words and phrases have the designated meanings
unless a different meaning is expressly provided or the context clearly
indicates a different meaning:
(a)
Court - means the Court of Central Jurisdiction for the Mille Lacs
Band of Chippewa Indians.
(b)
Manufacturer - means every person engaged in the business of constructing
or assembling vehicles of a type for which a certificate of title
is required hereunder.
(c)
Manufacturer's or Importer's Certificate of Origin - means a certificate
over the authorized signature of the manufacturer or importer of a
vehicle, describing and identifying the vehicle, giving the name and
address of the person to whom the vehicle is first sold by the manufacturer
or importer, and containing assignments, duly executed, assigning
the same to an applicant for a certificate of title on the vehicle
in the Non-Removable Mille Lacs Band of Chippewa Indians.
(d)
Mille Lacs Band - means the Non-Removable Mille Lacs Band of Chippewa
Indians.
(e)
Mille Lacs Reservation - means all lands under the jurisdiction of
the Mille Lacs Band of Chippewa Indians.
(f)
Mobile Home - means a vehicle designed to be towed as a single unit
or in sections upon the highway by a motor vehicle and equipped and
used or intended to be used, primarily for human habitation, with
walls of rigid uncollapsible construction.
(g)
Owner - means a person, other than a secured party, having the property
in or title to a vehicle. This term includes a person entitled to
the use and possession of a vehicle subject to a security interest
in another person, but excludes a lessee under a lease not intended
as security. An Owner also means any person, firm, association, or
corporation owning or renting a motor vehicle, or having the exclusive
use thereof, under a lease or otherwise, for a period of greater than
30 days.
(h)
Secretary - means the Secretary of Treasury of the Mille Lacs Band
of Chippewa Indians.
(i)
Secured Party - means a lender, seller or other person to whom accounts
or chattel paper have been sold. When the holders of obligations issued
under an indenture of trust, equipment trust agreement or the like
are represented by a trustee or other person, the representative is
the secured party having an interest in the vehicle.
(j)
Vehicle - means every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
(k)
For the purposes of effectuating the terms of this title, any terms
not defined herein shall have the meanings given to them in the statutes
of the State of Minnesota, except when the context otherwise requires.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §2.
§ 3. Reservation of right
The Band Assembly hereby fully reserves the right to alter, amend, or
increase or decrease taxes imposed herein, or repeal the several provisions
of this title, and all rights and privileges granted or extended hereunder
shall be subject to such reserved right.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, 41.
§ 4. Administrative expenses
In no event shall the expenses of administration of the provisions of
this title exceed thirty-five percent of the gross receipts of the taxes
imposed herein.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §38.02.
§ 5. Revenue distribution
All revenue derived from fees imposed by this title shall be deposited
in a trust fund account in the name of Non-Removable Mille Lacs Band
of Chippewa Indians-Motor Vehicle Revenue Account, which is herewith
created and shall not be distributed except upon the adoption of special
Revenue Resolution of the Band Assembly so directing disbursement.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §42.
§ 6. American Association of Motor Vehicle Administrators: policy
positions
The Band Assembly hereby declares that the implementation of the provisions
of this title shall be accomplished, as much as feasible, according
to the policies promulgated by the American Association of Motor Vehicle
Administrators, which are hereby incorporated by reference into this
title.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §45.
§ 7. Powers and duties of Secretary
The Secretary of Treasury shall enforce all provisions of this title.
He may prescribe all rules and regulations consistent with the provisions
of this title through the issuance of Secretarial Orders. He may call
upon the Solicitor General or any Band law enforcement officer to aid
him in the performance of his duties. He may appoint such employees
of the Non-Removable Mille Lacs Band of Chippewa Indians as may be required
to administer the provisions of this title.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §38.01.
§ 8. Cancellation of title or registration
The Secretary shall cancel a title or registration whenever:
(a)
A transfer of title is set aside by the Court by order or judgment,
or
(b)
It is subsequently discovered that the issuance or possession of a
title or registration is prohibited by law.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §34.
§ 9. Deputy Registrar of Motor Vehicles
The Secretary-Treasurer shall nominate and the Band Assembly shall confirm
one person who shall act as the Deputy Registrar of Motor Vehicles for
the Non-Removable Mille Lacs Band of Chippewa Indians. This position
shall not be on an employment basis with the Band, however this position
is designated as self-employment under the terms and conditions established
by the Band Assembly. Compensation for registration set-vices is hereby
established at three dollars per vehicle registration and three dollars
per issuance of certificate of title. It is hereby declared that the
fees imposed hereunder shall be in addition to fees imposed in 19
MLBSA §109.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §46.
§ 10. Removal of Deputy Registrar of Motor Vehicles
Any Deputy Registrar who shall act in a manner not consistent with the
exercise of authority conferred in this title or pursuant to Secretarial
Order may be suspended from further duty, for just cause, by the Secretary/Treasurer.
Removal of the Deputy Registrar from office shall be initiated by the
Secretary/Treasurer, subject to formal hearing and review by the Band
Assembly, after provisions of due process rights. Under no circumstances
shall any suspension exceed two weeks without hearing in the Band Assembly.
The Secretary/Treasurer is authorized to temporarily appoint another
Deputy Registrar in the event of inability or disability of the Deputy
Registrar to perform the duties herein.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §47.
Cross
References
Due process, see 1 MLBSA § 8.
§ 11. Court of Central Jurisdiction
The Court of Central Jurisdiction is hereby granted subject matter jurisdiction
for any cause of action which arises from this title. Nothing in this
title shall be construed as a waiver of sovereign immunity of the Non-Removable
Mille Lacs Band of Chippewa Indians in any state or federal court of
competent jurisdiction. Associate Justices of the Court of Central Jurisdiction
shall have original jurisdiction over all causes of action which arises
from any provisions of this title. A Criminal Division is hereby created
in the Court of Central Jurisdiction to hear causes of actions arising
from this title. The Court of Central Jurisdiction is additionally authorized
to adjudicate unwritten cultural law causes of action pursuant to rules
and regulations promulgated by Court order.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §38.
Cross
References
Subject matter jurisdiction, court of central Jurisdiction, see 5
MLBSA § 111.
§ 12. Limited waiver of sovereign immunity
The Band
Assembly hereby waives sovereign immunity to be sued only in the Court
of Central Jurisdiction in any seizure of property matter pursuant to
provisions of this title. However, any such action shall only be directed
against the Secretary of Treasury, in his/her official capacity in order
to challenge any seizure action. Any and all seizure causes of action
which arise pursuant to this title shall be limited to actions against
the Secretary of Treasury in his/her official capacity for an order
returning any seized goods. All other causes of action which arise pursuant
to this title shall be limited in relief to declaratory or injunctive
measures and no damages, monetary or otherwise, including but not limited
to attorney fees shall be permitted.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §40.
Cross
References
Seizure and confiscation of certain substances and vehicles containing
them, see 19 MLBSA §503.
Unregistered or improperly registered vehicles, seizure and impoundment,
see 19 MLBSA §105.
§ 13. Solicitor General obligations
The Solicitor General shall represent the interests of the Non-Removable
Mille Lacs Band of Chippewa Indians and the Secretary of Treasury in
any matter arising from any provisions of this title before the Court
of Central Jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §43.
§ 14. State and territorial motor vehicle statutes
and judicial proceedings; full faith and credit
(a)
The Acts of the Legislature of any state, territory or possession
of the United States or any federally recognized Indian Tribe, relating
to any matter of motor vehicle titling or registration or the operation
of motor vehicles on any public highway, road or street or copies
thereof, shall be authenticated by affixing the seal of such state,
territory or possession of the United States or any federally recognized
Indian Tribe thereto
(b)
The Motor Vehicle records and any judicial motor vehicle proceedings
of any court of any such state, territory or possession of the US
or any recognized Indian Tribe, or copies thereof, shall be proved
or admitted in the Court of Central Jurisdiction by the attestation
of the Clerk and seal of the court annexed, if a seal exists, together
with a certificate of a judge of the court that the said attestation
is in proper form.
(c)
Such Acts, records and judicial proceedings or copies thereof, so
authenticated shall have the same full faith and credit in the Court
of Central Jurisdiction as they have by law or usage in the courts
of such state, territory or possession of the United States or any
federally recognized Indian Tribe from which they are taken provided
that any such state, territory or possession of the United States
or any federally recognized Indian Tribe has executed a motor vehicle
reciprocity agreement with the Non-Removable Mille Lacs Band of Chippewa
Indians.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §50.
§ 15 State and territorial nonjudicial motor vehicle records;
full faith and credit
(a)
All non-judicial motor vehicle records or books kept in any public
office of any state, territory or possession of the United States
or any federally recognized Indian Tribe, or copies thereof, shall
be proved or admitted in the Court of Central Jurisdiction or any
office of the Non-Removable Mille Lacs Band of Chippewa Indians by
the attestation of the custodian of such records or books and the
seal of his office annexed, if there be a seal, together with a certificate
of a judge of a court of record of the county, parish, or district
in which such office may be kept, or of the Governor, any duly appointed
officer of the Governor or Secretary of State, the chancellor or keeper
of the great seal of the state, territory or possession of the United
States or any federally recognized Indian Tribe that the said attestation
is in due form and by the proper offices.
(b)
If the certificate is given by a judge, it shall be further authenticated
by the Clerk of Court, who shall certify, under his/her hand and the
seal of his/her office that such judge is duly commissioned and qualified;
or, if given by the Governor, executive appointee, secretary, chancellor
or keeper of the great seal, it shall be under the great seal of the
state, territory of possession of the United States or any federally
recognized Indian Tribe in which it is made.
(c)
Such records or books or copies thereof, so authenticated shall have
the same full faith and credit in the Court of Central Jurisdiction
and every public office of the Non-Removable Mille Lacs Band of Chippewa
Indians, as they have by law or usage in the courts or offices of
the state, territory or possession of the United States or any federally
recognized Indian Tribe from which they are taken provided that any
such state, territory or possession of the United States or any federally
recognized Indian Tribe has executed a motor vehicle reciprocity agreement
with the Non-Removable Mille Lacs Band of Chippewa Indians.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52.§51.
§ 16. Motor vehicle registration forms
The Deputy Registrar is hereby authorized and empowered to utilize any
form presently in use by the Minnesota Department of Public Safety for
any matter related to fulfilling the mandates of this Band Statute as
an official form of the Mille Lacs Band of Chippewa Indians. Any such
form so utilized, shall be modified by the Deputy Registrar wherever
necessary to comply with applicable provisions of this title. All such
forms bearing the name of the Minnesota Department of Public Safety
or the logo of the said Department shall be treated as the official
form of the Mille Lacs Band of Chippewa Indians for the purpose so designated
in the title of the form.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §49.
§ 17. Applicability of 24 MLBSA §3301 et seq., Remedies for
Creditors, and 18 MLBSA §301, Uniform Commercial Code
The provisions of 24 MLBSA §3301
et seq., Remedies for Creditors, and 18
MLBSA §301, Uniform Commercial Code of the State of Minnesota,
are hereby declared as mandatory provisions of Band law available to
lien holders for the recovery of a vehicle when the owner of record
is in default of any security agreement entered into with a member of
the Non-Removable Mille Lacs Band of Chippewa Indians who resides on
land subject to the jurisdiction of the Band. Provisions for due process
in the Court of Central Jurisdiction pursuant to 24
MLBSA §3301 et seq. are mandatory prior to any repossession
action by any lien holder.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §44.
Cross
References
Security interests, certificates of title, see 19 MLBSA
§271 et seq.
CHAPTER
2
REGISTRATION
| Subchapter
Section |
Section
|
| I.
General Provisions |
101
|
| II.
Registration Plates |
141
|
SUBCHAPTER I
GENERAL
PROVISIONS
Section
101. Operating unregistered or improperly registered vehicle.
102. When vehicles exempt from registration.
103. Exemption of nonresidents.
104. Penalties.
105. Seizure and impoundment of vehicles.
106. Application for registration.
107. Grounds for refusing registration.
108. Contents, issuance and display of certificates of registration;
issuance of duplicate certificate.
109. Annual registration fees.
110. When fees refundable.
111. When registration to be suspended.
§
101. Operating unregistered or improperly registered vehicle
(a)
It is unlawful for any person to operate or for an owner to consent
to being operated on any roads of the Mille Lacs Reservation or roads
subject to the jurisdiction of the Band, any motor vehicle, trailer
or semitrailer or any other vehicle for which a registration fee is
specifically prescribed unless at the time of operation the vehicle
in question either is registered with the Mille Lacs Reservation or
is exempt from registration.
(b)
A vehicle may be operated by a private person after the date of purchase
of such vehicle by such private person, or after the date such person
moved to this Reservation or lands subject to the jurisdiction of
the Band, once the person has obtained a temporary 21 days registration
certificate from the Secretary. All temporary certificates shall be
affixed to the interior rear window of the vehicle, on the driver's
side of the car and in a position so as not to obstruct the rear-view
of any driver. The Secretary shall issue no other temporary registration
certificate upon the expiration of the first 21 days permit.
(c)
All vehicles subject to renewal of registration may be operated provided
that application for reregistration has been made.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §3.
§ 102. When vehicles exempt from registration
A vehicle even though operated upon roads of this Reservation is exempt
from registration when such vehicle:
(a) Is
operated in accordance with the provisions exempting nonresident or
foreign-registered vehicles from registration; or
(b) Is an implement of husbandry used exclusively in or incidental
to agricultural operations; or
(c) Is a trailer or semitrailer permanently equipped with a well-drilling
outfit and used exclusively for such purposes; or
(d) Is a forklift truck, a specially constructed road or truck tractor
used for shunting trailers or semitrailers in terminal areas.
(e) Is a trailer or semitrailer not operated in conjunction with a
motor vehicle; or
(f) Is a motor vehicle being towed; or
(g) Is a piece of road machinery; or
(h) Is a motor truck which is operated upon a highway only when directly
crossing such highway; or
(i) Is a motor vehicle last registered in another jurisdiction.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §4.
§ 103. Exemption of nonresidents
(a) Any
vehicle which is registered in another jurisdiction is exempt from
the laws of the Non-Removable Mille Lacs Band of Chippewa Indians
providing for the registration of such vehicles if:
(1)
The vehicle carried a registration plate indicating the registration
in such other jurisdiction; and
(2)
The vehicle is owned by a nonresident of the Mille Lacs Reservation;
and
(3) The jurisdiction in which the vehicle is registered allows such
vehicles when registered in the Mille Lacs Reservation to be operated
tax free upon its roads under conditions substantially as favorable
to residents of the Mille Lacs Band as to its own residents.
(b) If
the owner of any such vehicle moves to the Mille Lacs Reservation
or if the vehicle is purchased by a resident of the Mille Lacs Reservation
the vehicle immediately becomes subject to the laws of the Mille Lacs
Reservation providing for the registration of vehicles.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §13.
§ 104. Penalties
Any person violating 19 MLBSA §101(a) may be
fined not more than $50.00 or imprisoned not more than 30 days, or both.
In addition to imposing the penalty, the Court shall order the offender
to make application for registration or reregistration and to pay the
fee thereof.
Historical and Statutory Notes
Source: Band Statute 1097-MLC-52, §3.03.
§ 105. Seizure and impoundment of vehicles
If upon order of the Court of Central Jurisdiction to register or reregister
a vehicle, the owner fails to comply, the Court shall have the power
to order any Law Enforcement Officer of the Band to seize and impound
any unregistered or unlawfully registered vehicle and to hold the same
until such time as the owner complies with the provisions of this title.
All costs incurred in the holding, under seizure by order of the Court
shall be the responsibility of the owner of the vehicle. Any vehicle
held, under seizure order of the Court, shall be sold at public auction
to the highest bidder, including all costs incurred, after thirty (30)
days from the date of seizure. The owner of the vehicle shall have the
right to petition the Court to halt any public auction of the said vehicle
at any time prior to the sale. The Secretary shall have the right to
reject any and all bids received which are less than the appraised value
of the vehicle. All proceeds derived from the sale of the vehicle, less
all costs incurred by the Band, including Court fines and costs, shall
become the property of the legal owner as defined in 19
MLBSA §2(g). If, in the event the sale does not realize sufficient
proceeds to pay off any security interest, the owner prior to auction
shall be obligated to the secured party for any balance remaining. The
secured party shall have the right to be listed as a secured party on
any other certificate of title for a vehicle registered in the Band
and owned by the person prior to the auction. Nothing herein shall limit
the rights of any secured party in any vehicle registered within the
Mille Lacs Band.
Historical and Statutory Notes
Source:
Band Statute 1097-MLC-52, §3.04.
Cross
References
Actions challenging seizure of property. see 19 MLBSA
§13.
§ 106. Application for registration
(a)
Application for original registration and for renewal of registration
shall be made to the Secretary of Treasury of the Mille Lacs Band
of Chippewa Indians upon forms prescribed by him and shall be accompanied
by the required fee.
(b)
Applications for original registration of a vehicle shall contain
the following information:
(1)
The name of the owner.
(2)
The address of the owner.
(3)
A description of the vehicle, including make, model, identifying
number and any other information which the Mille Lacs Band may reasonably
require for proper identification of the vehicle.
(4)
The District in which the vehicle is kept.
(5)
Such further information as the Secretary may reasonably require
to enable him to determine whether the vehicle is by law
entitled to registration or to enable him to determine the proper
registration fee for the vehicle.
(6)
Proof of liability insurance. The Deputy Registrar shall conduct
periodic insurance checks on any vehicles registered under the jurisdiction
of the Band. Any said check shall be random in nature and occur
60 days after issuance of license plates.
(c)
Applications for removal of registration shall contain the information
required in subsection (b) for applications or such parts thereof
as the Secretary deems necessary to assure the proper registration
of the vehicle.
(d)
If the applicant for a certificate of registration is under 18 years
of age, the application shall be accompanied by a statement made and
signed by the person or guardian having custody of the applicant,
stating that the applicant has the consent of such person or guardian
to register such vehicle in the applicant's name. The signature on
such statement shall not impute any liability for the negligence or
misconduct of the applicant while operating such motor vehicle on
the highways. Any person who violates this subsection may be fined
not more than $50.00 or imprisoned not more than 30 days, or both.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §5.
Cross
References
Designation of districts, see 2 MLBSA
§11.
License plates for handicapped persons, see 19 MLBSA
§602.
§ 107. Grounds for refusing registration
The Secretary shall refuse registration of a vehicle under the following
circumstances:
(a)
No registration shall be issued unless the applicant is residing within
the boundaries of the Mille Lacs Reservation; or
(b) The
required fee has not been paid; or
(c) The
applicant has failed to furnish the information or documents required
by the Mille Lacs Band pursuant to this title; or
(d) A
certificate of title is a prerequisite to registration of the vehicle
and applicant does not hold a valid certificate of title and is not
entitled to the issuance of a certificate of title; or
(e) The
applicant has had his registration suspended or revoked in accordance
with 19 MLBSA §111 and such suspension or
revocation still is in effect.
(f) Proof
of liability insurance.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §6.
Cross
References
Certificates
of title, prerequisite to registration, see 19 MLBSA
§202.
§ 108. Contents, issuance and display of certificates
of registration; issuance of duplicate certificate
(a) The
Secretary upon registering a vehicle shall issue and deliver to the
owner a certificate of registration. The certificate shall contain
the name and address of the owner, a brief description of the vehicle,
the registration number assigned and the date of expiration of registration.
The certificate shall be in such form and may contain such additional
information as the Secretary deems advisable.
(b) The
Secretary shall issue a duplicate certificate of registration upon
application thereof by any person in whose name the vehicle is registered
and upon payment of a fee of $2.50.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §7.
§ 109. Annual registration fees
(a) A
registration fee as herein set forth shall be paid for all motor vehicles,
not exempted by 10 MLBSA
§102, using the public streets or roads of the Mille Lacs
Reservation for each calendar year on the following basis:
(1)
During the first three years of vehicle life $50.00 per calendar
year.
(2)
During the fourth through seventh years of vehicle life $25.00 per
calendar year.
(3)
During the eighth and succeeding years of vehicle life $20.00 per
calendar year.
(4)
A registration fee of $10.00 shall be paid for all motorcycles using
the public streets and roads of the Mille Lacs Reservation for each
calendar year.
(5)
A registration fee of $10.00 biennium shall be paid for two wheel
utility trailers. Any other recreational trailer (s) shall be registered
at a fee of $20.00 biennium.
(b)
Pro-rated fee - When a motor vehicle first becomes subject to registration
during the calendar year, the registration fee shall be for the remainder
of the year prorated on a monthly basis, one-twelfth of the annual
registration fee for each calendar month or fraction thereof.
Historical
and Statutory Notes
Source:
Band Statute 1 097-MLC-52, §11.
§
110. When fees refundable
(a)
The Mille Lacs Band shall not refund a fee paid to it except when
expressly authorized or directed by this section.
(b)
The Mille Lacs Band shall refund the unused portion of the registration
fee paid for the registration of a vehicle upon application for such
refund upon a form prescribed by the Mille Lacs Band and upon furnishing
of such proof as the Secretary may require that the vehicle will not
be operated in the Mille Lacs Reservation during the remainder of
the period for which the vehicle is registered, and returns to the
Mille Lacs Band his certificate of registration and registration plates.
The refund shall be computed on a monthly basis, one-twelfth of the
annual registration fee for each calendar month or fraction thereof,
during which the motor vehicle will not be used on any road of the
Mille Lacs Reservation.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §12.
§ 111. When registration to be suspended
(a)
Any Justice of the Court of Central Jurisdiction for the Mille Lacs
Band of Chippewa Indians shall suspend the registration when:
(1)
The registration was completed through fraud or error and the person
who registered the vehicle does not or cannot register the vehicle
properly; or
(2)
The required fee has not been paid and the same is not paid upon
reasonable notice and demand.
(b)
Any registration suspended pursuant to this section continues to be
suspended until reinstated by the Court. The Court shall reinstate
the registration when the reason for the suspension has been removed.
(c)
Whenever the registration of a vehicle is suspended under this section,
the owner or person in possession of the registration plates shall
forthwith return them to the Mille Lacs Band. Any person who fails
to return the plates as required by this section may be required to
forfeit not more than $50.00.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §17.
SUBCHAPTER
II
REGISTRATION PLATES
Section
141. Issuance and delivery of registration plates.
142. Design of registration plates.
143. Display of registration plates.
144. Issuance of duplicate plates.
145. List of registration plates issued.
Cross
References
License plates for handicapped persons, see 19 MLBSA
§602.
§ 141 Issuance and delivery of registration
plates
The Secretary upon registering a vehicle pursuant to this title shall
issue and deliver prepaid to the applicant two registration plates for
each automobile, motor truck, motor bus, school bus or self-propelled
mobile home registered, and one plate for other vehicles registered
unless the Secretary believes that two plates will better serve the
interests of law enforcement.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §8.
§ 142. Design of registration plates
(a) The
Band Assembly shall determine the size, color, and design of registration
plates with a view toward making them visible evidence of the period
for which the vehicle is registered, as well as making them a ready
means of identifying the specific vehicle or owner for which the plates
were issued.
(b)
All registration plates shall have displayed upon them the following:
(1)
The registration number of letters assigned to the vehicle or owner.
(2)
The name "Mille Lacs Band of Chippewa Indians" or an abbreviation
thereof.
(3)
An indication of the period for which the specific plate is
issued or the date of expiration of registration.
(4)
All registration plates issued shall be treated with a reflectorized
material.
Historical and Statutory Notes
Source: Band Statute 1097-MLC-52, §§8.01, 8.02.
§ 143. Display of registration plates
(a)
When two registration plates are issued for a vehicle, one such plates
shall be attached to the front and one to the rear of the vehicle.
Whenever only one registration plate is issued, it shall be attached
to the rear.
(b)
Registration plates shall be attached firmly and rigidly in a horizontal
position and in a conspicuous place. The plates shall at all times
be maintained in a legible condition and shall be so displayed that
they can be readily and distinctly seen and read. Any peace officer
may require the operator of any vehicle on which plates are not properly
displayed to display such plates as required by this section.
(c)
Any of the following may be required to forfeit not more than $50.00:
(1)
A person who operates a vehicle for which current registration plate
or insert tag have been issued without such plate or tag being attached
to the vehicle;
(2)
A person who operates a vehicle with a registration plate attached
in a non-rigid or non-horizontal manner or in an inconspicuous place
so as to make it difficult to see and read the plate;
(3)
A person who operates a vehicle with a registration plate in an
illegible condition due to the accumulation of dirt or other foreign
matter.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §9.
§ 144. Issuance of duplicate plates
(a)
Whenever a current registration plate is lost or destroyed, the owner
of the vehicle to which the plate was attached shall immediately apply
to the Secretary for replacement. Upon satisfactory proof of the loss
or destruction of the plate and upon payment of a fee of $5.00 and
the cost of replacement, the Secretary shall issue a replacement.
(b)
Whenever a current registration plate becomes illegible, the owner
of the vehicle to which the plate is attached shall apply to the Secretary
for a replacement. Upon receipt of satisfactory proof of illegibility,
and upon payment of all costs and a fee of $5.00, the Secretary shall
issue a replacement. Upon receipt of his replacement plate, the applicant
shall forthwith surrender to the Secretary his illegible plate.
(c) When issuing a replacement plate, the Secretary may assign
a new number and issue a new plate rather than a duplicate of the
original if in his judgment that is in the best interest of economy
or prevention of fraud. In such event, the person receiving the replacement
plates shall surrender both original plates, if two plates were issued.
(d) Any person issued replacement plates who fails to surrender his
illegible plates as required by subsection (c) may be required to
forfeit not more than $50.00.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §10.
§
145. List of registration plates issued
The Secretary shall keep an accurate and updated list of every registration
plate issued, the number thereof, the name of the owner and the description
of the motor vehicle.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §10.04.
CHAPTER
3
CERTIFICATES OF TITLE
| Subchapter |
Section
|
| I.
General Provisions |
201
|
| II.
Transfer of Title |
241
|
| III.
Security Interests |
271
|
SUBCHAPTER I
GENERAL PROVISIONS
Section
201. When certificate of title required.
202. Prerequisite to registration.
203. Application for certificate of title.
204. New vehicles; certificate of origin.
205. Maintenance of records.
206. Contents of certificate of title.
207. Grounds for refusing issuance of certificate of title.
208. Lost, stolen or mutilated certificates.
209. Fees.
210. Suspension or revocation of certificate.
§ 201 When certificate of title required
The owner of a vehicle subject to registration on the Mille Lacs Reservation
whether or not such vehicle is operated on any roads of the Reservation,
shall make application for certificate of title for the vehicle under
the following circumstances:
(a)
If he has newly acquired the vehicle.
(b)
If he applies for registration of a vehicle for which he does not
hold a valid certificate of title previously issued to him by the
Secretary for the vehicle in question, he shall at the same time apply
for a certificate of title.
(c)
A vehicle which is presently in possession.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §18.
§ 202. Prerequisite to registration
An
applicant's eligibility for a certificate of title is a prerequisite
to registration of the vehicle. If the applicant for registration holds
a valid certificate of title previously issued to him by the Secretary
for the vehicle in question, that is prima facie evidence that he is
the record owner of the vehicle and he need not apply for a new certificate
of title each time he applies for registration.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §18.01
Cross
References
Grounds for refusing registration, see 19 MLBSA §107.
§ 203. Application for certificate of title
An application for a certificate of title shall be made to the Secretary
upon a form prescribed by him and shall be accompanied by the required
fee. Each application for certificate of title shall contain the following
information:
(a)
The name and address of the owner.
(b)
A description of the vehicle, including make, model, identifying number
and any other information which the Secretary may reasonably require
for proper identification of the vehicle.
(c)
The date of purchase by the applicant, the name, and address of the
person from whom the vehicle was acquired and the names and addresses
of any secured parties in the order of their priority and the dates
of their security agreements.
(d)
If the vehicle is a new vehicle being registered for the first time,
the signature of the dealer authorized to sell such new vehicle.
(e)
Any further evidence of ownership, which may reasonable be required
by the Secretary to enable him to determine whether the owner is entitled
to a certificate of title and the existence or non-existence of security
interests in the vehicle.
(f)
If the vehicle is a used motor vehicle which was last previously registered
in another jurisdiction, the applicant shall furnish any certificate
of ownership issued by the other jurisdiction and a statement pertaining
to the title history and ownership of such motor vehicle, such statement
to be in the form the Secretary prescribes, and shall furnish a certification
by a law enforcement officer, or by an employee designated by the
Secretary to the effect that the physical description of the motor
vehicle has been checked and conforms to the description given in
the application.
(g)
Each applicant for a certificate of title shall surrender to the Secretary
or his designee, any and all other certificates of title issued by
any other governmental agency of any state which is held by the applicant
or any other person or entity as a prerequisite to receiving a certificate
of title from the Non-Removable Mille Lacs Band of Chippewa Indians.
(h)
The vehicle odometer reading with the owner's certification of the
accuracy and that to the best of his/her knowledge neither he/she
or any other person has altered the odometer.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §19.
Cross
References
Fraudulent
application for certificate of title, see 19 MLBSA §§301,
302.
Tampering with odometer reading, see 19 MLBSA §303.
§ 204. New vehicles; certificate of origin
It is hereby specifically required that the automobile manufacturer's
certificate of origin be surrendered to the Secretary or his designee
prior to any lawful registration and titling of any new vehicle.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §19.01.
§ 205. Maintenance of records
The Secretary shall maintain a record of all applications and all certificates
of title issued by him:
(a) According
to title number.
(b) Alphabetically, according to name of owner.
(c) In any other manner which the Secretary determines to be desirable.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §20.
§ 206. Contents of certificate of title
(a) Each
certificate of title issued by the Secretary shall contain:
(1)
The name and address of the owner.
(2)
The names of any secured parties in the order of priority as shown
on the application, or if the application is based on another certificate
of title, as shown on such certificate.
(3) The title number assigned to the vehicle.
(4) A description of the vehicle, including make, model and identifying
number.
(5) Vehicle odometer reading and a certification of accuracy of
the reading when the vehicle is first registered and every time
the ownership is transferred thereafter.
(6) Any other data which the Secretary deems pertinent and desirable.
(b) The
certificate of title shall contain forms for assignment and warranty
of title by the owner, and for assignment and warranty of title by
a dealer, and may contain forms for application for a certificate
of title by a transferee and for the naming of a secured party and
the assignment or release of a security interest.
(c)
A certificate of title issued by the Secretary is prima facie evidence
of the facts appearing on it.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §21.
Cross
References
Tampering with odometer, see 19 MLBSA §303.
§ 207. Grounds for refusing issuance of certificate
of title
The Secretary shall refuse issuance of a certificate of title if any
required fee is not paid or if he has reasonable grounds to believe
that:
(a)
The person alleged to be the owner of the vehicle is not the owner;
or
(b)
The application contains false or fraudulent statement; or
(c)
The applicant fails to furnish the information or documents required
by this Statute.
(d)
The vehicle odometer reading is inaccurate or the vehicle odometer
has been altered in any manner so as to unlawfully alter the value
of the vehicle.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §22.
Cross
References
Fraudulent application for certificate of title, see 19
MLBSA §301, 302.
Tampering with odometer reading, see 19 MLBSA §303.
§ 208. Lost, stolen or mutilated certificates
If
a certificate of title is lost, stolen, mutilated or destroyed or becomes
illegible, the owner or legal representative of the owner named in the
certificate, as shown by the records of the Secretary shall promptly
make application for and may obtain a duplicate upon furnishing information
satisfactory to the Secretary. The duplicate certificate of title shall
contain the legend "This is a duplicate certificate and may be
subject to the rights of a person under the original certificate".
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §23.
§ 209. Fees
The Secretary
shall be paid the following fees:
(a) For
filing an application for the first certificate of title $5.00 by
the owner of the vehicle.
(b) For the original notation and subsequent release of each security
interest noted upon a certificate of title, a single fee of
$5.00 by the owner of the vehicle.
(c) For a duplicate certificate of title $10.00 by the owner of the
vehicle.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §24.
§ 210. Suspension or revocation of certificate
(a) The
Secretary shall suspend or revoke a certificate of title if he finds:
(1)
The certificate of title was fraudulently procured, erroneously
issued, or prohibited by law; or
(2)
The vehicle has been scrapped, dismantled or destroyed; or
(3) A transfer of title is set aside by a court by order or judgment.
(b) Suspension
or revocation of a certificate of title does not, in itself, affect
the validity of a security interested noted on it.
(c) When the Secretary suspends or revokes a certificate of title,
the owner or person in possession of it shall, immediately upon receiving
notice of the suspension or revocation, mail or deliver the certificate
to the Secretary.
(d) The Secretary may seize and impound any certificate of title which
has been suspended or revoked.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §33.
Cross
References
Fraudulent
application for certificate of title, see 19 MLBSA §§301
, 302.
SUBCHAPTER
II
TRANSFER OF TITLE
Section
241. Transfer of interest in vehicle.
242. Death of owner.
243. When Secretary to issue new certificate.
244. Penalties.
§
241. Transfer of interest in vehicle
(a)
If an owner transfers his interest in a vehicle other than by the
creation of a security interest, he shall at the time of the delivery
of the vehicle execute an assignment and warranty of title to the
transferee in the space provided therefore on the certificate. With
respect to motor vehicles that are not twenty-six (26) years of age
or older, the transferor shall also, in the space provided therefore
on the certificate state the true cumulative mileage registered on
the odometer or that the actual mileage is unknown if the odometer
reading is known by the transferor to be different from the true mileage.
The transferor shall cause the certificate and assignment to be mailed
or delivered to the transferee or the Band's Secretary of Treasury.
(b)
The transferee shall, promptly after delivery to him of the vehicle,
execute the application for a new certificate of title in the space
provided therefore on the certificate and cause the certificate and
application to be mailed or delivered to the Secretary.
(c)
A transfer by an owner is not effective until the provisions of this
section have been complied with. An owner who has delivered possession
of the vehicle to the transferee and has complied with the provisions
of this section requiring action by him is not liable as owner for
any damages thereafter resulting from operation of the vehicle.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §25.
Cross
References
Fraudulent practices involving registration and titling of motor vehicle,
see 19 MLBSA §302.
§ 242. Death of owner
When any person dies testate or intestate and said person is the legal
owner of a vehicle registered under the laws of the Non-Removable Mille
Lacs Band of Chippewa Indians, the Secretary shall issue a new certificate
of title only upon receipt of an order from the Court of Central Jurisdiction
so directing any said issuance, provided that the new legal owner is
a person eligible to have said vehicle registered under the laws of
this Band.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §25.05.
§ 243. When Secretary to issue new certificate
The Secretary
upon receipt of a properly assigned certificate of title, with an application
for a new certificate of title, the required fee and any other transfer
documents required by statute, to support the transfer, shall issue
a new certificate of title in the name of the transferee as owner.
Historical and Statutory Notes
Source: Band Statute 1097-MLC-52, §26.
§ 244. Penalties
(a)
An owner of a vehicle for which a certificate of title has been issued,
who upon transfer of the vehicle fails to execute and deliver the
assignment and warranty of title required by 19 MLBSA
§241(a) may be required to forfeit not more than $50.00.
(b)
Any transferee of a vehicle who fails to make application for a new
certificate of title immediately upon transfer to him of a vehicle
may be required to forfeit not more than $50.00. A certificate is
considered to have been applied for when the application accompanied
by the required fee has been delivered to the Secretary or deposited
in the mail properly addressed with postage required.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §§25.03, 25.04.
SUBCHAPTER
III
SECURITY INTERESTS
Section
271. Perfection of security interests.
272. Duties on creation of security interest.
273. Assignment of security interest.
274. Release of security interest.
275. Secured party's duties.
276. Owner's duties.
277. Methods of perfecting exclusive.
§ 271 . Perfection of security interests
(a)
A security interest in a vehicle of a type for which a certificate
of title is required is not valid against creditors of the owner or
subsequent transferees or secured parties of the vehicle unless perfected
as provided in this title.
(b)
A security interest in perfected by the delivery to the Secretary
of the existing certificate of title, if any, an application for a
certificate of title containing the name and address of the secured
party and the date of his security agreement, the required fee. It
is perfected as of the time of its creation if such delivery is completed
within 10 days thereafter.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §27.
Cross References
Applicability of statutes relating to remedies of creditors and Uniform
Commercial Code, see 19 MLBSA §18 [Digitizer's note: Section not
in digital copy].
§ 272. Duties on creation of security interest
If an owner creates a security interest in a vehicle:
(a)
The owner shall immediately execute, in the space provided therefore
on the certificate of title or on a separate form prescribed by the
Secretary an application to name the secured party on the certificate,
showing the name and address of the secured party and the date of
his security agreement, and cause the certificate, application and
the required fee to be delivered to the secured party.
(b)
The secured party shall immediately cause the certificate, application
and the required fee to be mailed or delivered to the Secretary.
(c)
Upon receipt of the certificate of title, application and the required
fee, the Secretary shall issue to the secured party a new certificate
which contains the name and address of the lien-holder.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §28.
§ 273. Assignment of security interest
(a)
A secured party may assign, absolutely or otherwise, his security
interest in the vehicle to a person other than the owner without affecting
the interest of the owner of the validity of the security interest,
but any person without notice of the assignment is protected in dealing
with the secured party as the holder of the security interest and
the secured party remains liable for any obligations as a secured
party until the assignee is named as secured party on the certificate.
(b)
The assignee may not need to perfect the assignment, have the certificate
of title endorsed or issue with the assignee named as secured party,
upon delivering to the Secretary the certificate and an assignment
by the secured party named in the certificate in the form the Secretary
prescribes.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §29.
§ 274. Release of security interest
(a)
Whenever there is no outstanding obligation and no commitment to make
advances, incur obligations or otherwise give value, secured by the
security interest in a vehicle under any security agreement between
the owner and the secured party, the secured party shall execute and
deliver to the owner, as the Secretary prescribes, a release of the
security interest in the form and manner prescribed by the Secretary.
If the secured party fails to execute and deliver such a release within
10 days after receipt of the owner's written demand therefore he shall
be liable to the owner for $25.00 and for any loss caused to the owner
by such failure.
(b)
The owner, other than a dealer holding the vehicle for resale, shall
promptly cause the certificate and release to be mailed or delivered
to the Secretary, which shall release the secured party's rights on
the certificate and issue a new certificate.
Historical
and Statutory Notes
Source: Band Statute 1097-ML-52, §30.
§ 275. Secured party's duties
(a)
A secured party named in a certificate of title shall, upon written
request of the owner or of another secured party named on the certificate,
disclose any pertinent information as to his security agreement and
the indebtedness se cured by it.
(b)
Any secured party who fails to disclose information pursuant to subsection
(a) shall be liable for any loss caused to owner thereby.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §31.
§ 276. Owner's duties
(a)
An owner shall promptly deliver his certificate of title to any secured
party who is named on it or who has a security interest in the vehicle
described in it upon receipt of a notice from such secured party that
his security interest is to be assigned, extended or perfected.
(b)
Any owner who fails to deliver the certificate of title to a secured
party requesting it pursuant to subsection (a) shall be liable to
such secured party for any loss caused to the secured party thereby
and may be required to forfeit not more than $25.00.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §§31.01, 31.03.
§ 277. Methods of perfecting exclusive
The method provided in this title of perfecting and giving notice of
security interests subject to this title is exclusive.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §32.
CHAPTER
4
FRAUDULENT PRACTICES
Section
301 Fraudulent application for certificate of title.
302. Fraudulent practices involving registration and titling of motor
vehicle.
303. Tampering with odometer reading.
304. Improper use of evidence of registration.
305. False evidence of registration.
Cross
References
Fraud, see 24 MLBSA §1154.
§ 301. Fraudulent application for certificate
of title
A person who with fraudulent intent uses a false or fictitious name
or address, or makes a material false statement, or fails to disclose
a security interest, or conceals any other material fact) in an application
for a certificate of title or submits a false, forged, or fictitious
document in support of an application for a certificate of title, shall
be guilty of fraud and may be sentenced to a term of not more than 1
80 days incarceration, a five hundred dollar fine or exclusion from
the Band for not more than I 80 days, or all of the above.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §14.
Cross
References
Application for certificate of title, see 19 MLBSA §203.
Grounds for refusing issuance of certificate of title, see 19
MLBSA §207.
Suspension or revocation of certificate of title, see 19
MLBSA §210.
§ 302. Fraudulent practices involving registration
and titling of motor vehicle
A person is in violation of the provisions of this title who with fraudulent
intent permits another, not entitled thereto, to use or have possession
of a certificate of title, who willfully fails to mail or deliver a
certificate of title to the Secretary of Treasury within ten days after
legal sale or transfer of interest; who commits fraud in any application
for a certificate of title, who fails to notify the Secretary of Treasury
or his designee of any fact required under the provisions of this title;
or, who willfully violates any provisions of this Statute shall be guilty
of fraudulent practices involving the registration and titling of a
motor vehicle and upon conviction sentenced to up to 180 days incarceration
and/or a fine of up to five hundred dollars.
Historical and Statutory Notes
Source: Band Statute 1097-MLC-52, §14.01.
Cross
References
Application for certificate of title, see 19 MLBSA §203.
Grounds for refusing issuance of certificate of title, see 19
MLBSA §207.
Transfer of interest in vehicle, certificates of title, see 19
MLBSA §241.
§ 303. Tampering with odometer reading
Any person who knowingly tampers with or alters a motor vehicle odometer
reading, or causes another person to alter or tamper with a motor vehicle
odometer reading, shall be guilty of fraud and may be sentenced to a
term of not more than 1 80 days incarceration and a punitive fine not
to exceed five hundred dollars. Any person so convicted pursuant to
the provisions of this section is liable for all Court costs including
compensatory damages that result from his/her unlawful acts payable
to the injured party at the direction of the Court.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §14.02.
Cross
References
Application for certificate of title, see 19 MLBSA §203.
Contents of certificate of title, see 19 MLBSA §206.
Grounds for refusing issuance of certificate of title, see 19
MLBSA §207.
Suspension or revocation of certificate of title, see 19
MLBSA §210.
§
304. Improper use of evidence of registration
Any person who does any of the following may be fined not more than
$50.00 or imprisoned not more than 30 days, or both:
(a)
Lends to another a registration plate, knowing that the person borrowing
the plate is not authorized by law to use it; or
(b)
Display upon a vehicle a registration plate not issued for such vehicle,
or not otherwise authorized by law to be used thereon; or
(c)
Willfully twists, paints, alters or adds to, or cuts off any portion
of a registration plate or sticker; or who places or deposits, or
causes to be placed or deposited on such plate or sticker any substance
to hinder the normal reading of such plate; or who defaces, disfigures,
changes or attempts to change any letter or figure thereon.
Historical
and Statutory Notes
Source:
Band Statute 1097-MLC-52, §15.
§ 305. False evidence of registration
Whoever operates or has in his possession a motor vehicle, mobile home,
trailer or semitrailer or other vehicle subject to registration which
has attached thereto any plate or similar device fashioned in imitation
of or altered so as to resemble the current registration plate issued
by the Mille Lacs Band may be fined not more than $50.00 or imprisoned
not more than 30 days, or both.
Historical
and Statutory Notes
Source: Band Statute 1097-MLC-52, §16.
CHAPTER
5
TRAFFIC VIOLATIONS
Section
401.
Driver's license.
402. Insurance.
403 . Careful and prudent driving; speed.
404. Reckless driving.
405. Driving under influence of alcohol or controlled substance.
406. Open bottle law.
407. Parking in restricted area.
408. Definitions.
409. Signs, signals marking.
410. Unauthorized signs.
411. Unlawful to possess, alter or remove signs.
412. Accidents.
413. Impeding traffic.
414. Emergency vehicles.
415. Right of way.
416. Operation of bicycles.
417. Stopping, standing and parking.
418. Police may move cars.
419. Good Samaritan.
420. Obstructing view of driver.
421. Littering.
422. School buses.
423. Hitching behind vehicles.
424. Vehicle lighting.
425. Head lamps.
426. Rear lamps.
427. Vehicle signals.
428. Brakes.
429. Horns.
430. Mufflers.
431. Rear view mirrors.
432. Windshields.
433. Surface of tires; tires with metal studs.
434. Offenses et al.
435. Interpretation and effect.
436. Uniform traffic ticket.
437. Fine.
438. Guilty plea.
Historical
and Statutory Notes
Band Statute
1097-MLC-52, §35.11 provides:
The following
addition provisions of Minnesota Statues Chapter 169 relating to the
Highway Traffic Regulations shall be incorporated by reference as traffic
regulations of the Mille Lacs Band of Chippewa Indians.
| Minnesota
Statute |
Title |
Band
Codification Section |
|
Chapter
169.01
|
Definitions |
35.12
|
|
169.06
|
|