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to Table of Contents White
Earth Band of Chippewa, Comprehensive Law and Order Manual
[Includes updates and amendments through August 2003.] WHITE
EARTH BAND OF CHIPPEWA
MOTOR VEHICLES & HIGHWAYS CODE
Title 2 shall be entitled "Motor Vehicles & Highways Code."
The following definitions will apply for the purposes of this Code unless a different meaning is expressly provided or the context clearly indicates a different meaning: (a) "Public Street or Highway" means any road, whether public or private, inside the White Earth Reservation, which is open to the public for vehicular travel, including but not limited to all public highways of the State of Minnesota, county roads, Bureau of Indian Affairs’ roads, tribal roads, streets, and alleys. (b) "Mobile home" means a vehicle designed to be towed as a single unit or in sections upon a public street or highway by a motor vehicle and equipped and used or intended to be used primarily for human habitation with walls of rigid uncollapsible construction. (c) "Motor vehicle" means any vehicle which is self-propelled, including but not limited to automobiles, trucks, snowmobiles, motorcycles, and all terrain vehicles (ATV). (d) "Owner" means a person who holds the legal title of a vehicle. (e) "Vehicle" means every device in, upon, or by which any person or property is or may be transported; or any device which may be drawn upon a public street or highway, including but not limited to horse trailers, trailers, etc.
(a) No action upon an infraction under Chapters II through V of this Code shall be maintained unless the action shall have been commenced within six (6) months of the commission of the infraction. (b) No prosecution of an offense under Chapter VI of this Code shall be maintained unless the action shall have been commenced within one (1) year of the commission of the offense.
Every Reservation law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident either at the time of and at the scene of the accident or thereafter by interviewing the participants or witnesses shall, within 24 hours after completing such investigation, forward a written report of such accident to the chief law enforcement officer of the White Earth Band of Chippewa and the head of WE-MVD.
Any Indian, his spouse or significant other or their children who are convicted of an offense enumerated in this Code for which the penalty is not otherwise prescribed shall be sentenced under this Section to a fine of not more than $100.00 and up to ten (10) days imprisonment, or both such fine and imprisonment, for each such offense. The White Earth Tribal Court shall take into consideration any circumstances urged for the imposition of a lesser sentence. (a) Any Indian or non-Indian as specified in this Section who uses a motor vehicle covered by this Code is deemed to have consented to the jurisdiction of the courts of the White Earth Band of Chippewa.
CHAPTER
II
(a) All vehicles owned by residents of the White Earth Reservation must be registered by WE-MVD unless exempted by Section 1(b) or Section 10 of this Chapter. (b) A vehicle, even though operated upon a public street or highway of the Reservation, is exempt from registration when said vehicle: (1) is owned by a non-resident and is a foreign registered vehicle exempt from registration pursuant to Section 10 of this Chapter; or (2) is a farm vehicle used exclusively in agricultural operations; or (3) is a trailer or semi-trailer permanently equipped with a well-drilling outfit and used exclusively for such purposes; or (4) is a forklift truck, a specially constructed road or truck tractor used for shunting trailers or semi-trailers in terminal areas or a trailer which is used principally off the highway; or (5) is a trailer or semi-trailer having a gross weight of 3,000 pounds or less and not used for hire; or (6) is a trailer or semi-trailer not operated in conjunction with a motor vehicle; or (7) is a motor vehicle being towed; or (8) is a piece of road maintenance machinery; or (9) is a motor truck which is operated upon a public street or highway only when directly crossing such public street or highway.
(a) Application for original registration and for renewal shall be made to WE-MVD upon forms prescribed by WE-MVD 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(s); (2) The address of the owner(s); (3) A description of the vehicle, including make, model, vehicle identification number (VIN), and any other information which WE-MVD may require for proper identification of the vehicle; (4) A copy of the certificate of title or pending application for a certificate of title. If the applicant for registration holds a valid certificate of title previously issued to him or her by WE-MVD for the vehicle in question, that is prima facie evidence that he or she is the owner of the vehicle, and he or she need not apply for a new certificate of title each time he or she applies for registration; and (5) Such further information as WE-MVD may require to enable it to determine whether the vehicle is by law entitled to registration or to enable it to determine the proper registration fee for the vehicle. (c) Applications for renewal of registration shall contain the information required in Section 2(b) of this Chapter for original applications or such parts thereof as WE-MVD deems necessary to assure the proper registration of the vehicle. (d) Any applicant for a certificate of registration must be at least 18 years of age.
WE-MVD 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 White Earth 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 White Earth Band of Chippewa pursuant to this Code; or (d) The 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 or her registration suspended or revoked in accordance with Section 14 of this Chapter and such suspension or revocation is still in effect.
(a) Upon registering a vehicle, WE-MVD shall issue and deliver to the owner a certificate of registration. The certificate shall contain the name and address of the owner(s), 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 WE-MVD deems advisable. (b) WE-MVD shall issue a duplicate certificate of registration upon application therefor by any person in whose name the vehicle is registered and upon payment of the fee.
(a) WE-MVD, upon registering a vehicle pursuant to this Code, 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 WE-MVD believes that two plates will better serve the interests of law enforcement. (b) The Council 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(s) for which the plates were issued. (c) All registration plates shall have displayed upon them the following: (1) The registration number or letters assigned to the vehicle or owner(s); (2) The name "White Earth," or an abbreviation thereof; and (3) An insert tag indicating the period for which the specific registration is issued, including the date of expiration of registration. (d) All registration plates issued shall be treated with a reflectorized material.
(a) Whenever two registration plates are issued for a vehicle, one such plate shall be attached to the front and one to the rear of the vehicle. Whenever only one registration plate is issued, the plate shall be attached to the front if the vehicle is a truck tractor or road tractor; otherwise, 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 displayed so 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) A fine of $75.00 may be imposed upon any of the following: (1) A person who operates a vehicle for which current registration plates or insert tags have been issued without such plates or tags being attached to the vehicle; or (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.
(a) Whenever a current registration plate is lost or destroyed, the owner(s) of the vehicle to which the plate was attached shall immediately apply to WE-MVD for a replacement. Upon satisfactory proof of the loss or destruction of the plate and upon payment of a fee, WE-MVD shall issue a replacement. (b) Whenever a current registration plate becomes illegible, the owner(s) of the vehicle to which the plate is attached shall apply to WE-MVD for a replacement. Upon receipt of satisfactory proof of illegibility and upon payment of a fee, WE-MVD shall issue a replacement. Upon receipt of his or her replacement plate, the applicant shall forthwith surrender to WE-MVD his or her illegible plate. (c) When issuing a replacement plate, WE-MVD may assign a new number and issue a new plate rather than a duplicate of the original if it is the judgment of WE-MVD that it is in the best interests of economy or prevention of fraud to do so. (d) Any person issued replacement plates who fails to surrender his or her original plates as required by Section 7(b) of this Chapter shall be subject to a fine of not more than $75.00. (e) WE-MVD shall keep an accurate and updated list of all registration plates issued, the number thereof, the name of the owner(s) and the description of the motor vehicle.
A registration fee for each calendar year shall be paid for all motor vehicles not exempted by Sections 1 or 10 of this Chapter using the public streets or highways of the White Earth Reservation.
WE-MVD shall not refund a fee paid to it except when expressly authorized or directed by the White Earth Band of Chippewa.
Any vehicle which is registered in another jurisdiction is exempt from the vehicle registration laws of the White Earth Band of Chippewa if: (a) The vehicle carries a registration plate indicating registration in such other jurisdiction; or (b) The vehicle is owned by a nonresident of the White Earth Reservation and is duly registered in his or her home jurisdiction; and (c) The jurisdiction in which the vehicle is registered allows a vehicle registered by the White Earth Band of Chippewa to be operated tax free upon its public streets or highways.
Any person who gives a false or fictitious name or address in an application for license or registration, or for any reason applies in the name of a person other than the true owner or lessee, shall be subject to a fine of not more than $100.00.
A fine of $75.00 may be imposed upon any of the following: (a) A person who lends to another a registration plate, knowing that the person borrowing the plate is not authorized by law to use it; or (b) A person who displays upon a vehicle a registration plate not issued for such vehicle or not otherwise authorized by law to be used thereon; or (c) A person who 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 readings of such plate; or who defaces, disfigures, changes or attempts to change any letter or figure thereon.
Whoever operates or has in his or her possession a motor vehicle, mobile home, trailer or semi-trailer 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 White Earth Band of Chippewa may be subject to a fine of not more than $100.00.
(a) WE-MVD shall suspend the vehicle registration under the following circumstances: (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 fee is not paid upon reasonable notice and demand; or (3) The issuance or possession of registration or a certificate of title for the registered vehicle is prohibited by law. (b) Any registration suspended pursuant to this Section continues to be suspended until reinstatement is authorized by WE-MVD. The clerk 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(s) or person in possession of the registration plates shall forthwith return them to WE-MVD. Any person who fails to return the plates as required by this Section shall be subject to a civil fine of not more than $75.00.
(a) It is unlawful for any person to operate or for an owner to consent to the operation on any public street or highway of the White Earth Reservation any motor vehicle, mobile home, trailer or semi-trailer or any other vehicle unless at the time of operation, the vehicle is either registered by the White Earth Band of Chippewa or exempt from registration. (1) A vehicle may be operated if application for registration and certificate of title has been made. (2) All vehicles subject to renewal of registration may be operated provided that the application for registration has been made. (b) Any person violating Section 1(a) of this Chapter shall be subject to a fine or penalty of not more than $75.00. In addition to the fine or penalty, the White Earth Tribal Court shall order the offender to make application for registration or re-registration and to pay the fee therefor.
CHAPTER
III
The owner(s) of a vehicle subject to registration pursuant to this Code shall make application for certificate of title for all vehicles owned and operated within the boundaries of the White Earth Reservation unless exempted under this Code.
(a) An application for a certificate of title shall be made to WE-MVD upon a form prescribed by WE-MVD and shall be accompanied by the required fee. Each application for certificate of title shall contain the following information: (1) The name and address of the owner(s); (2) A description of the vehicle including make, model, vehicle identification number (VIN), and any other information which WE-MVD may require for proper identification of the vehicle; (3) 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; (4) If the vehicle is a new vehicle being registered for the first time, the signature of a dealer authorized to sell such new vehicle; (5) Any further evidence of ownership, which may be required by WE-MVD to enable it to determine whether the owner(s) is entitled to a certificate of title and to determine the existence or nonexistence of security interests in the vehicle; and (6) 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 the motor vehicle. The statement shall be in the form WE-MVD prescribes. The applicant shall also furnish a certification by a law enforcement officer or by an employee designated by WE-MVD to the effect that the physical description of the motor vehicle has been checked and conforms to the description given in the application. (b) Any person who knowingly makes a false statement in an application for a certificate of title shall be subject to a fine of not more than $75.00.
WE-MVD shall maintain a record of all applications and all certificates of title issued by it: (a) According to the title number; or (b) Alphabetically, according to the name of the owner(s); or (c) In any other manner which WE-MVD shall desire.
(a) Each certificate of title issued by WE-MVD shall contain: (1) The name and address of the owner(s); (2) The names of any secured parties in the order of their 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 vehicle identification number (VIN). (5) Any other data which WE-MVD deems pertinent and desirable. (b) The certificate of title shall contain forms for assignment and warranty of title by the owner(s), and for assignment and warranty 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 WE-MVD is prima facie evidence of the facts appearing on it.
WE-MVD shall refuse issuance of a certificate of title if any required fee is not paid or if there are 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 statements; or (c) The applicant fails to furnish the information or documents required by this Code.
(a) If a certificate of title is lost, stolen, mutilated, destroyed or becomes illegible, the owner(s) named in the certificate as shown by the records of WE-MVD or his or her White Earth tribal court-appointed representative shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to WE-MVD. The duplicate certificate of title shall contain the legend: "Duplicate Title may be subject to the rights of a person under the original certificate." (b) WE-MVD shall not issue a new certificate of title to a transferee upon application made on a duplicate until 15 days after receipt of the application. (c) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to WE-MVD.
WE-MVD shall be paid the following fees: (a) For filing an application for a first certificate of title, $5.00 by the owner(s) of the vehicle. (b) For the original notation and subsequent release of each security instrument noted upon a certificate of title, a single fee of $5.00 by the owner(s) of the vehicle.
(a) WE-MVD shall suspend or revoke a certificate of title if: (1) The certificate of title was fraudulently procured, erroneously issued; or (2) The vehicle has been scrapped, dismantled or destroyed; or (3) The holder of the certificate of title is no longer the owner of the vehicle and no vehicle transfer has been made; or (4) A transfer of title is set aside by a court by an order or judgment. (b) Suspension or revocation of a certificate of title does not affect the validity of a security interest noted on it. (c) When WE-MVD suspends or revokes a certificate of title, the owner(s) or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to WE-MVD. (d) WE-MVD may seize and impound any certificate of title which has been suspended or revoked.
(a) It is unlawful for any person to operate or for an owner to consent to the operation on any public street or highway of the White Earth Reservation any motor vehicle, mobile home, trailer or semi-trailer or any other vehicle unless at the time of operation the vehicle has a certificate of title issued by the White Earth Band of Chippewa or is exempt from obtaining a certificate of title. (1) A vehicle may be operated if application for registration and certificate of title has been made. (2) All vehicles subject to renewal of certificate of title may be operated provided that the application for certificate of title has been made. (b) Any person violating Section 9(a) of this Chapter shall be subject to a fine of not more than $75.00. In addition to imposing the penalty, the White Earth Tribal Court shall order the offender to make application for certificate of title or reapplication and to pay the fee therefor.
CHAPTER
IV
(a) If an owner transfers his or her interest in a vehicle, he or she shall, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate and cause the certificate to be mailed or delivered to the transferee. (b) The transferee shall, within 72 hours after delivery of the vehicle to him or her, execute the application for a new certificate of title in the space provided therefor on the certificate and cause the certificate and application to be mailed or delivered to WE-MVD. (c) A transfer by 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 or her is not liable as owner for any damages thereafter resulting from operation of the vehicle. (d) Any 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 Section 1(a) of this Chapter, shall be subject to a fine of not more than $75.00. (e) Any transferee of a vehicle who fails to make application for a new certificate of title immediately upon transfer to him or her of a vehicle shall be subject to a fine of not more than $75.00. A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to WE-MVD or deposited in the mail properly addressed to WE-MVD with postage prepaid.
WE-MVD, 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 this Code to support the transfer, shall issue a new certificate of title in the name of the transferee as owner.
(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(s) or subsequent transferees or secured parties of the vehicle unless perfected as provided in Section 3(b) of this Chapter. (b) A security interest is perfected by the delivery to WE-MVD 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 or her security agreement, and the required fee. It is perfected as of the time of its creation if such delivery is completed within 10 days thereafter.
If an owner creates a security interest in a vehicle: (a) The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form prescribed by WE-MVD, an application to name the secured party on the certificate, showing the name and address of the secured party and the date of his or her 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 WE-MVD. (c) Upon receipt of the certificate of title, application and the required fee, WE-MVD shall issue to the owner(s) a new certificate containing the name and address of the new secured party.
(a) A secured party may assign, absolutely or otherwise, his or her security interest in the vehicle to a person other than the owner(s) without affecting the interest of the owner(s) or 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) To perfect the assignment, the assignee may have the certificate of title endorsed or issued with the assignee named as secured party, upon delivering to WE-MVD the certificate and an assignment by the secured party named in the certificate in the form WE-MVD prescribes.
(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 a security agreement between the owner(s) and the secured party, the secured party shall execute and deliver to the owner(s), as WE-MVD prescribes, a release of the security interest in the form and manner prescribed by WE-MVD. If the secured party fails to execute and deliver such a release within 10 days after receipt of the owner’s written demand therefor, he or she shall be liable to the owner(s) for $30.00 and for any loss caused to the owner by such failure. (b) The owner(s), other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to WE-MVD, which shall release the secured party’s rights on the certificate and issue a new certificate.
(a) A secured party named in a certificate of title shall, upon written request of the owner(s) or of another secured party named on the certificate, disclose any pertinent information as to his or her security agreement and the indebtedness secured by it. (b) An owner shall promptly deliver his or her 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 or her security interest is to be assigned, extended or perfected. (c) Any secured party who fails to disclose information pursuant to Section 7(a) of this Chapter shall be liable for any loss caused to owner(s) thereby. (d) Any owner who fails to deliver the certificate of title to a secured party requesting it pursuant to Section 7(b) of this Chapter shall be liable to such secured party for any loss caused to the secured party thereby and shall be subject to a fine of not more than $30.00
The method provided in this Code of perfecting and giving notice of security interests subject to this Code is exclusive.
CHAPTER
V
When a motor vehicle registered under this Code is owned or primarily operated by or for a physically handicapped person, the owner may apply for and secure from WE-MVD one parking certificate with the attached emblem bearing the handicapped symbol described in Section 3 of this Chapter. The parking certificate shall be displayed on the dashboard in the left-hand corner of the front windshield of the vehicle with no part of the certificate obscured. Application for the parking certificate must be made at the time of renewal or first application for registration of the vehicle, and the owner must submit a physician’s statement on a form developed by WE-MVD. WE-MVD may request additional information from the physician if needed to verify the applicant’s eligibility. The physician’s statement must specify whether the disability is permanent or temporary, and if temporary, the opinion of the physician as to the duration of the disability. A physician who fraudulently certifies that a person is a physically handicapped person as defined in Section 4 of this Chapter and that the person is entitled to the parking certificate authorized by this Code is guilty of an infraction and shall be subject to a fine of not more than $500.00.
If a physically handicapped person parks a vehicle displaying a parking certificate described in this Chapter or any person parks the vehicle for a physically handicapped person, that person shall be entitled to park the vehicle as provided in Section 6 of this Chapter.
WE-MVD shall design and furnish one parking certificate with attached emblem to each eligible owner. The emblem must bear the internationally accepted wheelchair symbol, approximately three inches square. The emblem must be large enough to be visible plainly from a distance of 50 feet. An applicant eligible for the special parking certificate shall pay the motor vehicle registration fee authorized by law.
For the purpose of this Code, a physically handicapped person means a person who: (a) Because of disability cannot walk without significant risk of falling; (b) Because of disability cannot walk 200 feet without stopping for rest; (c) Because of disability cannot walk without the aid of another person, a walker, a cane, crutches, braces or a prosthetic device, or needs a wheelchair; (d) Is restricted by a respiratory disease to such an extent that the person’s forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than 1 meter; (e) Has an arterial oxygen tension (PAO2) of less than 60 mm/hg on room air at rest; (f) Uses portable oxygen; or (g) Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as IV according to standards set to the American Heart Association.
A vehicle that properly displays the parking certificate described in this Chapter may be parked by or for a physically handicapped person in a designated handicapped parking space or in a meter parking space without obligation to pay the meter fee.
(a) A person shall not: (1) Park a motor vehicle in or obstruct access to an area designated and reserved for the physically handicapped, on either private or public property; or (2) Park a motor vehicle in or obstruct access to an area designated by a local governmental unit as a handicapped transfer zone; or (3) Exercise the parking privileges in this Code, unless: (i) that person is a physically handicapped person as defined in Section 4 of this Chapter, or the person is transporting or parking a vehicle for a physically handicapped person; and (ii) the vehicle properly displays one of the following: (aa) A parking certificate issued under this Code or an equivalent certificate, insignia or license plate issued by Minnesota or another state or one of its political subdivisions. (b) Handicapped parking spaces must be designated and identified by the posting of signs incorporating the international symbol of access in white on blue and indicating that the parking space is reserved for handicapped persons with vehicles displaying the required certificate, license plates or insignia. A sign posted for the purpose of this Section must be visible from inside a vehicle parked in a space, be kept clear of snow or other obstructions which block its visibility, and be non-movable or only movable by authorized persons. (c) The owner or manager of the property on which the designated parking space is located shall insure that the space is kept free of obstruction. If the owner or manager allows the space to be blocked by snow, merchandise, or a similar obstruction for 24 hours after receiving a warning from a police officer, the owner or manger is guilty of in infraction and shall be subject to a fine of not more than $500.00. (d) A physically handicapped person, or person parking a vehicle for a handicapped person, who is charged with violating Section 6(a)(1) shall be exonerated if he or she produces in court or before the court appearance evidence that he or she has been issued a special parking certificate under this Code.
CHAPTER
VI
(b) Any Indian convicted of violating this Section shall be sentenced to a fine not to exceed $100.00, with costs.
No Indian shall permit a child or ward to drive a motor vehicle on a public street or highway unless such minor is licensed to drive. Any Indian convicted of violating this Section shall be sentenced to a fine not to exceed $100.00, with costs.
Any minor Indian who drives a motor vehicle on a public street or highway must comply with the traffic laws. Violation of any traffic law shall constitute an offense. Any minor Indian convicted of violating this Section shall be sentenced to a fine not to exceed $100.00, with costs.
No Indian shall take or drive any motor vehicle without the consent and knowledge of the owner of such vehicle.
No Indian shall operate a motor vehicle on a public street or highway within the boundaries of the White Earth Reservation unless such vehicle complies with the registration provisions of Chapter II of this Code.
No Indian shall operate a motor vehicle in an unsafe condition on a public street or highway within the boundaries of the White Earth Reservation.
(a) No Indian shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. (b) No Indian shall turn a vehicle at an intersection unless the vehicle is in such position on the public street or highway that such movement can be made with reasonable safety and a signal of intention to turn right or left, when required, has been given continuously during not less than the last 100 feet traveled by the vehicle before turning. (c) No Indian shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal to the driver of any vehicle immediately to the rear when there is opportunity to give such signal. (d) The signals herein required shall be given either by means of the standard hand and arm signals or by mechanical or electrical signal device. (e) Every Indian driver of a vehicle approaching an intersection with a stop sign or a flashing red light shall stop on the near side of the intersection or railroad grade crossing, at the point where he has a view of approaching traffic and shall not proceed until the intersection is clear. (f) No vehicle shall at any time be driven through, over, or within a safety zone.
(a) Every Indian operating or driving a vehicle of any character on a public street or highway shall drive in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, condition of brakes, condition of surface, freedom from obstruction to view ahead and the rights of any other person entitled to use of the public street or highway. (b) Where no special hazard exists that requires lower speed for compliance with Section 8(a) above, any speed not in excess of the limits specified in this Section shall be lawful; but it is illegal for any Indian to drive at any speed in excess of the limits specified in this Section: (1) 25 miles per hour in any urban district unless a different speed limit is posted; (2) 20 miles per hour when passing a school during recess or when children are coming to or from the school during opening or closing hours; (3) 20 miles per hour when approaching within 50 feet of a railroad grade crossing or public street or highway intersection or when the driver’s view is obstructed within a distance of 100 feet; (4) 55 miles per hour under other conditions unless a higher speed is permitted. (c) The speed limitations set forth above shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of offenders of the law nor to fire departments when traveling in response to a fire alarm, nor to public or private ambulances when traveling in emergencies. This exemption shall not, however, protect the Indian driver of any such authorized emergency vehicle from the duty to drive with due regard for the safety of persons using the street, nor does it protect the driver of an authorized emergency vehicle from the consequences of a reckless disregard of the safety of others.
(a) Any Indian who drives a vehicle carelessly or in willful or wanton disregard of the rights or safety of others or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another is guilty of reckless driving. (b) Every Indian convicted of reckless driving shall be punished by imprisonment for a period of not more than 30 days or to a fine not to exceed $100.00 or to both such imprisonment and fine, with costs, and may be deprived of the right to operate a motor vehicle for a period not to exceed one year. (c) For the commitment of an offense under this Section, while under the influence of drugs or alcohol, the offender may be sentenced to imprisonment for a period not to exceed 6 months or to a fine not to exceed $500.00 or to both such imprisonment and fine, with costs.
(a) Upon all public streets or highways of sufficient width, the Indian driver of a vehicle shall drive upon the right half of the public street or highway except: (1) When overtaking and passing another vehicle proceeding in the same direction; (2) When the right half of the roadway is closed to traffic while under construction or repair; (3) When designated or signposted for one-way traffic as a one-way roadway; or (4) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon. (b) No Indian shall, at any time, drive a vehicle to the left side of the roadway: (1) When approaching the crest of a grade or upon a curve in the public street or highway where the Indian operator’s view of the public street or highway is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction; (2) When approaching within 100 feet of any underpass or tunnel, or railroad grade crossing, or when approaching within 100 feet of or traversing any intersection; (3) Where official signs are in place prohibiting passing or a distinctive centerline is marked, which distinctive line also prohibits passing.
The Indian driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicle and the traffic and the condition of the public street or highway.
(a) The Indian driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass it at a safe distance to the left, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (b) The Indian driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (c) No Indian shall drive a vehicle to the left side of the center line of a public street or highway in overtaking another vehicle unless such left side is clearly visible and is free from oncoming traffic for a sufficient distance ahead to permit such overtaking to be made in safety. No Indian driver shall overtake another vehicle in a NO PASSING zone.
Any Indian who drives through a school zone at a greater speed than 20 miles per hour shall, upon conviction thereof, be sentenced to a fine not to exceed $100.00, with costs.
(a) Every Indian driver shall stop before reaching a school bus receiving or discharging school children when flashing lights are in operation and shall not proceed until the school bus resumes motion or signals the driver to proceed. (b) Any Indian driver failing to stop and wait at such signal shall, upon conviction thereof, be sentenced to a fine not to exceed $200.00, with costs.
(a) The Indian driver of a vehicle about to enter or cross a public street or highway from a private drive or road shall yield the right of way to all vehicles approaching on the public street or highway. (b) When two vehicles from different streets or highways enter an intersection at approximately the same time, the Indian driver of the vehicle on the left shall yield the right of way to the vehicle on the right. (c) The Indian driver of a vehicle within an intersection intending to turn left shall yield the right of way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard. (d) The Indian driver of a vehicle approaching, but not having entered, an intersection shall yield the right of way to a vehicle already within such intersection and making a left turn, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn. (e) Upon the immediate approach of an authorized emergency vehicle making use of audible siren or flashing light signals, the Indian driver of every other vehicle shall yield the right of way and shall immediately drive to a position as close as possible to the right hand edge of the road and stop until the emergency vehicle has passed. This provision shall not operate to relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the public street or highway. (f) The Indian driver of any vehicle upon a public street or highway within a business or residential district shall yield the right of way to a pedestrian crossing at any marked or unmarked crosswalk at an intersection.
(a) No Indian shall park or leave standing any vehicle whether attended or unattended, upon the paved, unpaved, or main-traveled portion of such public street or highway; but in every event an unobstructed width of public street or highway opposite the standing vehicle shall be left free for the passage of other vehicles and the vehicle must be clearly visible for a distance of 500 feet to the drivers of vehicles approaching from either direction. (b) Whenever any duly authorized law officer finds a vehicle standing upon a public street or highway in violation of this provision, he or she is hereby authorized to move such vehicle or require the Indian driver or person in charge of such vehicle to move such vehicle to a position off the paved or improved or main-traveled part of such public street or highway. (c) No Indian driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, effectively setting the brake and, when standing upon any grade, turning the front wheels to the curb or side of the public street or highway.
No Indian driver of a motor vehicle when traveling upon a down grade shall coast with the gears of the vehicle in neutral or with the clutch manually disengaged.
(a) No Indian shall drive a vehicle when it is so loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the Indian driver to the front or sides of the vehicle or as to interfere with the Indian operator’s control over the driving mechanism of the vehicle. (b) No Indian passenger in a vehicle shall ride in such position as to interfere with the Indian operator’s view ahead or to the sides or to interfere with his control over the driving mechanism of the vehicle.
No Indian driver shall permit passengers to ride on the fenders, bumpers or running boards, nor shall any Indian passenger ride on the fenders, bumpers or running boards of a vehicle.
(a) Every Indian pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield right of way to all vehicles upon the roadway. (b) Where sidewalks are provided, it is unlawful for any Indian pedestrian to walk along or upon an adjacent roadway. Where sidewalks are not provided, an Indian pedestrian walking along a public street or highway shall, when practical, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. (c) No Indian shall stand in a roadway for the purpose of soliciting a ride, employment or business from the occupant of any vehicle. (d) No Indian shall walk upon or along a public street or highway while under the influence of drugs or alcohol.
(a) No Indian shall throw, deposit, place or dump, or cause to be thrown, deposited, placed or dumped upon a public street or highway any snow, ice, glass, nails, tacks, wire, cans, garbage, swill, papers, ashes, refuse, carcass of any dead animal, offal, trash or rubbish or any other form of offensive matter or any other substance likely to injure any person, animal or vehicle upon such public street or highway. (b) Any Indian who drops or permits to be dropped or thrown upon any public street or highway any destructive or injurious material shall immediately remove the same or cause it to be removed. (c) Any Indian removing a wrecked or damaged vehicle from the public street or highway shall remove any glass or other injurious substance dropped upon on the roadway from such vehicle. (d) No person shall drop or hurl any destructive or injurious material or object at or upon any motor vehicle upon any public street or highway or at the occupants thereof.
(a) Any Indian whose right to operate a motor vehicle has been suspended by the White Earth Tribal Court and who, within the period fixed by the White Earth Tribal Court’s order, drives or attempts to drive a motor vehicle upon a public street or highway is guilty of an offense. (b) Every Indian who is convicted of driving in violation of an order of the White Earth Tribal Court shall be sentenced to imprisonment not to exceed six months or to a fine not to exceed $300.00 or to both such imprisonment and fine, with costs, and may be further deprived of the right to operate a motor vehicle for an additional period of one year.
(a) The Indian driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle shall immediately stop at the scene of such accident or as close thereto as possible and shall give his or her name, address and the registration number of the vehicle he or she is driving and shall, upon request, and if available, exhibit his or her Indian operator’s license to the person struck or the driver or occupant of the person attending the vehicle collided with and shall render to any person injured in such accident reasonable assistance. (b) The Indian driver of any vehicle which collides with and damages any vehicle which is unattended shall immediately stop and either locate and notify the operator or owner of such vehicle of his or her name and address, or shall report the accident to a police officer, or shall leave in a conspicuous place in or secured to the vehicle struck a written notice giving the name and address of the Indian driver and the owner(s) of the vehicle striking the unattended vehicle and a statement of the circumstances thereof. (c) The Indian driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a public street or highway shall take reasonable steps to locate and notify the owner or person in charge of such property of the accident and of his or her name and address and of the registration number of the vehicle he or she is driving and shall, upon request and if available, exhibit his or her operator’s license. (d) The Indian driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or property damage to another or others to an apparent extent of $100.00 or more shall, as soon as practicable thereafter, give notice of such accident to the chief law enforcement officer of the White Earth Band of Chippewa and to WE-MVD.
Any Indian who shall neglect or refuse when called upon by a police officer to assist in the arrest of any person charged with or convicted of an offense or in securing such offender when apprehended or in conveying such offender to the nearest place of confinement shall, upon conviction thereof, be sentenced to a fine not to exceed $100.00, with costs.
No Indian shall drink or consume intoxicating liquor or non-intoxicating malt liquor in a motor vehicle nor keep in the vehicle or have in his or her possession or on his or her person while in such vehicle any bottle or receptacle containing intoxicating liquor or non-intoxicating malt liquor which has been opened or the contents of which have been partially removed.
(a) No Indian who is under the influence of intoxicating liquor or who is under the influence of any drug to a degree which renders him or her incapable of safely driving a motor vehicle shall operate or be in actual physical control of any motor vehicle upon a public street or highway. (b) In any criminal prosecution of an offense under Section 26(a) above relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol or controlled substance in the defendant’s blood at the time alleged as shown by chemical analysis of the defendant’s blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at the time 0.05 percent or less by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was not under the influence of alcohol. (2) If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the defendant’s blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. (3) If there was at that time 0.10 percent or more by weight of alcohol in the defendant’s blood, it shall be presumed that the defendant was under the influence of alcohol. (c) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 cubic centimeters of blood or grams of alcohol per 210 liters of alveolar breath. (d) In addition to the results of chemical analysis as set forth in Section 26(b), other competent evidence may be introduced on the question whether the defendant was under the influence of alcohol. (e) Every Indian who is convicted of an offense under this Section shall be punished by: (1) Imprisonment for not more than 90 days, or a fine of not more than $250.00 or both such imprisonment and fine, with costs, and suspension of the right to operate a motor vehicle for a period of 30 days, for the first offense; (2) Imprisonment for not more than 90 days, or a fine of not more than $350.00 or both such imprisonment and fine, with costs, and suspension of the right to operate a motor vehicle for a period of 120 days, for a second offense within two years of the first offense; and (3) Imprisonment for not less than 30 nor more than 90 days, and a fine of not more than $500.00, with costs, and suspension of the right to operate a motor vehicle for a period of one year, for a third or subsequent offense within two years of the second offense.
(a) Any Indian who operates a motor vehicle on a public street or highway is deemed to have given consent, and shall consent, subject to the provisions of this Code, to a chemical test, or tests, of the blood, breath, saliva, or urine for the purpose of determining the presence of alcohol or a controlled substance, or combination thereof. All tests must be administered at the direction of a law enforcement officer only after placing the Indian, except one referred to in Section 27(c), under arrest and informing the Indian that he or she is or will be charged with the offense of driving or being in actual physical control of a vehicle upon the public street or highway while under the influence of intoxicating liquor, drugs, or a combination thereof. The arresting officer shall also inform the Indian charged that his or her refusal to submit to testing determined to be appropriate by the officer will result in a revocation of his or her driving privilege for one year. (b) Only a physician, medical technician, physician’s trained mobile intensive care paramedic, registered nurse, medical technologist or laboratory assistant acting at the request of a law enforcement officer may withdraw blood for the purpose of determining the presence of alcohol or controlled substance. This limitation does not apply to the taking of breath, saliva or urine specimen. The Indian tested may have a physician, qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer chemical tests at his or her expense in addition to any administered at the direction of a law enforcement officer. The failure or inability of an Indian to obtain any additional tests shall not preclude the admission in evidence of the tests taken at the direction of the law enforcement officer. Upon the request of the Indian who is tested, full information concerning the tests taken at the direction of the law enforcement officer shall be made available to him or her. (c) Any Indian who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by Section 27(a) and the tests may be administered. (d) If an Indian refuses to submit to testing as provided in Section 27(a), or in the event of emergent circumstances in which a law enforcement officer deems it necessary to seize an operator’s license to protect the safety of people and property within the White Earth Reservation, the following procedures shall apply: (1) In the event an Indian refuses to submit to testing, the law enforcement officer shall immediately seize the Indian’s operator’s license and shall immediately issue to the Indian a temporary operator’s permit extending the driving privilege on the White Earth Reservation for the next 20 days, subject, however, to the provisions of Section 27(d)(2). (2) In the event the officer deems it necessary to seize an Indian’s operator’s license to protect the safety of people and property within the White Earth Reservation, he shall immediately seize the Indian’s operator’s license and within 72 hours thereafter, or at such time as the officer shall deem that the emergency no longer exists, whichever comes later, issue to the Indian a temporary operator’s permit extending the driving privilege on the White Earth Reservation for the next 20 days. (3) At the time of issuance of a temporary operator’s permit, the law enforcement officer shall sign and date the temporary operator’s permit. The temporary operator’s permit shall state that it serves as the White Earth Band’s official notification to the Indian of the White Earth Band’s intent to revoke his or her driving privilege on the White Earth Reservation. (4) The law enforcement officer shall, within five days of seizing an Indian’s operator’s license, forward to the White Earth Tribal Court a sworn report and the Indian’s operator’s license taken under Section 27(d)(1) or (2). The sworn report shall include all applicable information as provided in Section 27(e). (e) Whenever a law enforcement officer seizes an Indian’s operator’s license under Section 27(d)(1), the White Earth Tribal Court, upon receipt of the Indian’s operator’s license and the sworn report of the law enforcement officer showing that the officer had reasonable grounds to believe the Indian had been driving or was in actual physical control of a motor vehicle in violation of Section 26 and that the Indian was arrested and had refused to submit to testing, shall revoke the Indian’s privilege to drive on the White Earth Reservation for one year, subject to the opportunity for a pre-revocation hearing as provided in this Section. (f) Before issuing an order of revocation under Section 27(e), the White Earth Tribal Court shall give the Indian a written notice of intention to revoke and afford the Indian an opportunity for a hearing if the Indian mails a request for the hearing to the White Earth Tribal Court within ten days thereafter. The hearing must be held within 30 days after the date of issuance of the temporary operator’s permit. The hearing may cover only the issues of whether the law enforcement officer had reasonable grounds to believe the Indian had been driving or was in actual physical control of a vehicle as an offense under Section 26, whether the Indian was placed under arrest, and whether the Indian refused to submit to testing. Whether the Indian was informed that the privilege to drive would be revoked for refusal to submit to testing is not an issue. At the close of the hearing, the judge shall notify the Indian of the judge’s findings of fact, conclusions of law, and decision and shall immediately deliver to the Indian a copy of the decision. If the judge finds, based on a preponderance of the evidence, that the Indian refused testing under Section 27(a), and revokes the Indian’s driving privilege, the judge shall immediately take possession of the Indian’s temporary operator’s permit issued under Section 27(d)(1). If the judge does not find against the Indian, he or she shall return the Indian’s operator’s license. If the Indian who requested the hearing fails to appear at the hearing without justification, his or her right to a hearing is deemed waived and the White Earth Tribal Court’s determination on the revocation of the privilege to drive will be based upon the written request for a hearing, the law enforcement officer’s report, and such other evidence as may be available. (g) The decision of the White Earth Tribal Court after a hearing under Section 27(f) shall be considered a final judgment by the White Earth Tribal Court. (h) If the Indian under arrest refuses to submit to testing, proof of refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the Indian was driving or in actual physical control of a vehicle upon a public street or highway while under the influence of intoxicating liquor, drugs, or a combination thereof. (i) When an Indian’s privilege to drive has been revoked, the White Earth Tribal Court shall give information in writing of the action taken to the Minnesota Department of Public Safety or to the official in charge of motor vehicles of any other jurisdiction which issued the Indian’s operator’s license. (j) If any licensed physician, nurse, technician or an employee of a hospital shall draw blood from any Indian pursuant to a request of any arresting officer, he or she shall not be liable in any civil action for damages arising therefrom, except for gross negligence.
(a) If the White Earth Tribal Court has suspended the right of an Indian to operate a motor vehicle under Section 26 hereof, the White Earth Tribal Court may, for good cause and upon the written application of the offender, issue a temporary restricted permit to operate a motor vehicle which shall take effect 30 days after the date of suspension for a first offense. The White Earth Tribal Court may not issue a temporary restricted permit to any offender whose right to operate a motor vehicle has been suspended upon a second or subsequent offense under Section 26. (b) A temporary restricted permit may authorize the use of a motor vehicle only during the permittee’s normal working hours and may contain such other restrictions as to time or place of its use or other matters, as the White Earth Tribal Court determines will best serve the interests of justice and safety. (c) In no event shall a temporary restricted permit be issued to an Indian whose operator’s license has been suspended under Section 22. (d) Any offense under the conditions of a temporary restricted permit shall be Driving in Violation of an Order of the White Earth Tribal Court and Section 22 of this Code. [Enacted Through Resolution 001-96-012, April 23, 1996.] [Digitizer's Note: A copy of the "Physically Handicapped Courtesy Parking" permit can be obtained from the National Indian Law Library.] Back to Top |