San Ildefonso Pueblo Code
TITLE XII - SAN ILDEFONSO PUEBLO TRAFFIC SAFETY CODE
CHAPTER 32 - TRAFFIC SAFETY COMMISSION
Sec. 32.1 - Appointment of the Commission.
There is hereby created a Traffic Safety Commission consisting of three (3) members appointed by the Governor, with the concurrence of a majority of the Tribal Council, and who shall hold office until removed by the Tribal Council.
Sec. 32.2 - Authority of the Commission.
The Commission shall have the authority to enforce the provisions of this Title and to issue appropriate changes, additions and deletions of this Title governing Traffic Safety, subject to approval of the Tribal Council.
The Commission may appoint any Judge of the Tribal Court, as a hearing officer and any hearing for violation of any provisions of the San Ildefonso Pueblo Traffic Safety Code, upon filing of an appropriate citation by a Law Enforcement Officer, shall be an administrative hearing following the Rules of Criminal Procedure. A finding that a traffic safety violation has occurred would be an administrative violation and would not be deemed a conviction of a crime.
Sec. 32.3 - Traffic Safety Code to Apply to Persons Riding Animals or Driving Animal Drawn Vehicles.
Every person riding an animal or driving any animal drawn vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except those provisions of this Code which by their very nature can have no application, and except where otherwise specifically provided in this Code.
Sec. 32.4 - Authority to Designate Through Highway and Stop and Yield Intersection.
(1) The State Highway Commission, with reference to state and county highways, and the Commission, with reference to other highways under their jurisdiction, may designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to the intersection.
(2) Preferential right of ways at an intersection nay be indicated by stop signs or yield signs as authorized in this Traffic Safety Code;
(3) Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersection roadway before entering the intersection.
(4) The driver of a vehicle approaching a yield sign, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but none then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.
Sec. 32.5 - Administrative Adjudication Procedure.
If a person admits to the traffic safety violation upon being served a notice to appear delivered to the person by the citing officer the person shall complete an appropriate answer form and return it with a check or money order in the amount of the monetary sanction or penalty assessment stated on the notice to appear.
If a person does not admit to the traffic safety violation, an appropriate notice will be served upon the person setting a date for a hearing before the Tribal Court.
Sec. 32.6 - Appeals from Decision of the Tribal Court.
Any person may appeal a decision or recommendation of the Tribal Court to the Traffic Safety Commission by filing notice with the Commission ten (10) days specifying the grounds upon which the appeal is based. If the notice of appeal is accepted, the Commission will set a hearing within ten (10) days on the appeal, giving notice to the appropriate parties.
Sec. 32.7 - Appeals from Decision of the Traffic Safety Board.
The procedures governing appeals from the Traffic Safety Board are set forth in Sec. 43.7 of the Civil and Criminal Code of the Pueblo of San Ildefonso.
Sec. 32.8 - Licenses Authority.
The Commission has the authority to issue driver permits/licenses to members of the Pueblo and the Commission may issue such mules, fees and regulations as are necessary for proper administration of licenses.
(1) There shall be at least three classes of permits/licenses issued:
(a) Class A which is fox non-commercial use.
(b) Class C which is chauffeur or commercial use.
(c) Class M which is for operation of a motorcycle.
(2) Learners permit or license for those under the age of is may be issued by the Commission.
Sec. 32.9 - Registration Authority.
The commission has authority to register motor vehicles of members Of the Pueblo and the Commission may issues such rules, fees and regulations as are necessary fox Proper administration of registrations.
Sec. 32.10 - Absence of Commission.
In the event that the Commission is not Organized or has not been appointed, the Tribal Judiciary will function as the Commission, and in the absence of both, the Governor will function as the Commission, For purposes of section 40.1 only, in the event of the absence of the Commission, the Judge and Governor will function as the Commission or in the absence of the commission and the Judge, the Governor will function as the commission.
CHAPTER 33 - AUTHORITY OF LAW ENFORCEMENT OFFICERS
Sec. 33.1 - Police Authority.
The Tribal Council shall designate by the issuance of credentials such officers who shall have the powers:
(1) Of peace officers for the purpose of enforcing the provisions of this Code;
(2) To detain any person for any violation, committed in their presence, of any of the provisions of this Code;
(3) When on duty, upon reasonable belief that any vehicle is being operated in violation of any provision of this Code, to require the driver thereof to stop, step out of his vehicle, and exhibit his driver's license and the registration evidence issued for the vehicle and submit to an inspection of such vehicle, the registration plates, and registration evidence thereon or to an inspection and test of the equipment of such vehicle;
(4) Inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof.
Sec. 33.2 - Report of Stolen and Recovered Motor Vehicles.
Every sheriff, chief of police, or peace officer commissioned by the Pueblo of San Ildefonso upon receiving reliable information that any vehicle has been stolen shall immediately but in no case later than one (1) week after receiving such information report such theft to the New Mexico State Police, unless prior thereto information has been received of the recovery of such vehicle. Any said officer upon receiving information that any vehicle which he has previously reported as stolen, has been recovered, shall immediately report the fact of such recovery to the New Mexico State Police.
Sec. 33.3 - Obedience to Police Officers.
Any person who shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law of the San Ildefonso Council with authority to direct, control or regulate traffic shall be deemed guilty of a violation and upon conviction may be subject to a penalty assessment of $100.00 and to such other orders of the Tribal Court.
CHAPTER 34 - VEHICLE REGISTRATION AND OPERATOR'S LICENSING
Sec. 34.1 - Operators and Chauffeurs Must Be Licensed.
(1) No person shall drive any motor vehicle upon a highway on the Reservation unless he/she has a valid license as an operator or chauffeur under the provisions of this Pueblo or of any state or nation (including other Indian tribes) motor vehicle code.
(2) No person shall drive a motor vehicle upon a highway on this Reservation as a chauffeur unless he holds a valid chauffeur's license.
(3) All licensed drivers who are authorized to drive a motor vehicle shall be permitted to drive within the boundaries of the Reservation, unless the license has been suspended by the Commission or the Tribal Court.
Sec. 34.2 - Persons Exempt from License.
Any operator of a farm tractor or agricultural implement temporarily drawn, moved or propelled on the highway within the Reservation is exempt from possessing a driver's license.
Sec. 34.3 - License to be Carried and Exhibited on Demand.
Every licensee shall have his operator's or chauffeur's license in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand of an officer. However, no person charged with violating this section shall be convicted if he produces in court an operator's or chauffeur's license theretofore issued to him and valid at the time of his arrest.
Sec. 34.4 - Persons Not To Be Licensed.
No person shall be permitted to operate a vehicle on the San Ildefonso Reservation as an:
(1) Operator, who is under the age of sixteen (16) years, except:
A. A restricted instruction permit or a restricted license to students fourteen (14) years of age or over enrolled in a high school driver-education program approved by the State Board of Education.
B. An operator's permit to any person fifteen (15) years of age or older who has satisfactorily completed an accredited driver-education program.
(2) Operator or chauffeur, who is a habitual drunkard, a habitual user of narcotic drugs or a habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle.
(3) Operator or chauffeur, who is three times convicted of driving a motor vehicle under the influence of intoxicating liquor or narcotic drug, regardless of whether the convictions are under the laws or ordinances of any state or any municipality, county or Indian Tribe thereof until restoration of the license. Should the person be subsequently once convicted of either of the same offenses, he shall thereafter never be permitted to drive any motor vehicle upon the highways and roads within the San Ildefonso Pueblo Indian Reservation.
(4) Operator or chauffeur, who has previously been afflicted with, or suffering from, any mental disability or disease which could render him unable to operate a motor vehicle with safety upon the highways and who has not, at the time of application, been restored to health.
Sec. 34.5 - Unlawful Use of License.
It is a violation for any person:
(1) To use any canceled, revoked, suspended, false, or fraudulently altered operator's or chauffeur's license;
(2) To lend his operator's or chauffeur's license to any other person or knowingly permit the use thereof by another;
(3) To use any license not issued to him;
(4) Fail or refuse to surrender to the San Ildefonso Tribal Court upon its lawful demand any driver's license or permit which has been suspended.
(5) To permit any unlawful use of driver's license or chauffeur's license issued to him.
Sec. 34.6 - Driving While License Suspended or Revoked.
(1) Any person who drives a motor vehicle on any public road of this Reservation at a time when his privilege to do so is suspended or revoked shall be guilty of violation and upon conviction shall be subject to a penalty assessment of not more than $500.00 or such other orders of the Court which may include a satisfactory completion of a Driver's Training Course.
Sec. 34.7 - Permitting Unauthorized Minor To Drive.
No person shall cause or knowingly permit a child under his or her care, under the age of eighteen (18) years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of this Code.
Sec. 34.8 - Permitting Unauthorized Person to Drive.
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not licensed to drive.
Sec. 34.9 - Authority of the San Ildefonso Tribal Court to Suspend or Revoke License.
(1) The Commission or San Ildefonso Tribal Court is hereby authorized to suspend the license of an operator or chauffeur after a hearing and notify the State Department of Motor Vehicles upon a showing by its records or other sufficient evidence that the licensee:
A. Has committed an offense for which mandatory revocation of license is required upon conviction;
B. Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
C. Has been convicted with such frequency of serious offense against the traffic regulations for traffic laws and a disregard for the safety of other persons on the highways;
D. Is a habitually reckless or negligent driver of a motor vehicle;
E. Is incompetent to drive a motor vehicle;
F. Has permitted an unlawful or fraudulent use of such license.
Sec. 34.10 - Refusal to Issue License -- Cancellation or Suspension of License or Use of Temporary Permits - Hearings.
(1) The San Ildefonso Tribal Court may suspend a license or use of temporary permits for violation of the provisions of this Code. The Court shall take the action herein authorized only after hearing. Notice of such hearing shall be given the party concerned as provided. Such notice shall state the proposed action of the Court and the reason for such proposed action.
(2) The Court shall prepare rules and regulations for the conduct of such hearing. At such hearing the technical rules of evidence shall not apply, a party shall have the right to be represented by counsel, to call witnesses in his own behalf; and to cross-examine the witnesses of other parties.
(3) The Judge shall conduct the hearing for the Court and shall cause a record of hearing to be made.
(4) Within ten (10) days after completion of the hearing, the Judge shall cause to be served upon all parties, in the manner provided in this Code, his findings and decision. The decision shall be either:
A. Suspension of a license for a time stated and notice to the State Department of Motor Vehicles.
B. Continuing use of a permit, cancellation of use of temporary permits or suspension of use of temporary permits for a time stated, and notice to the State Department of Motor Vehicles.
Sec. 34.11 - Evidence of Registration to be Signed and on Demand.
Every such registration evidence or duplicates thereof certified by this Pueblo or by the Motor Vehicle Department of any state or nation (including other Indian tribes) shall be exhibited upon demand of any police officer.
Sec. 34.12 - Display of Registration Plates.
License plates shall be displayed pursuant to the state law which issued them.
Sec. 34.13 - Improper Use of Evidences of Registration.
No person shall lend to another any certificate of title, registration evidence, registration plate, special plate, or permit issued to him if the person desiring to borrow the same would not be entitled to the use thereof, nor shall any person knowingly permit the use of any of the same by one (1) not entitled thereto, nor shall any person display upon a vehicle any registration evidence, registration plate, or permit not issued for such vehicle or not otherwise lawfully used thereon under this Code.
Sec. 34.14 - Seizure of Documents and Plates.
The San Ildefonso Pueblo Court is hereby authorized to take possession of any certificate of title, evidence of registration, permit, license or registration plate issued by it upon expiration, revocation, cancellation, or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued.
CHAPTER 35 - TRAFFIC ACCIDENTS WITHIN THE SAN ILDEFONSO RESERVATION
Sec. 35.1 - Accidents Involving Death or Personal injuries.
(1) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled these requirements. Every such stop shall be made without obstructing traffic more than is necessary.
(2) Any person failing to stop or to comply with said requirements under such circumstances shall be guilty of a violation and upon conviction may be subject to pay a penalty assessment not to exceed $500.00 or such other orders of the Court.
(3) The Judge may suspend the license or permit to drive and any nonresident operating privilege of the person so convicted and notify the State Department of Motor Vehicles.
Sec. 35.2 - Leaving the Scene of an Accident -- Damage to Vehicle.
The driver of any vehicle involved in an accident resulting only in damage to vehicle which is driven or attended by any person shall immediately stop such vehicle at such scene of accident or as close thereto as possible but shall forthwith return and in every event shall remain at the scene of the accident until he has fulfilled the requirements of See. 66-7-203. Every such stop shall be made without obstructing traffic more than is necessary and any person failing to stop or comply with said requirements under such circumstances shall be guilty of an offense.
Sec. 35.3 - Duty to Give Information and Render Aid.
The driver of any vehicle involved in an accident resulting in injury or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address, the registration number of the vehicle he is driving and shall up on request exhibit his driver's or chauffeur's license to the person struck or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
Sec. 35.4 - Duty Upon Striking Fixtures or Other Property Upon a Highway.
The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request exhibit his operator's or chauffeur's license and shall make report of such accident when and if required in Sec. 66-7-207 hereof.
Sec. 35.5 - Immediate Notice of Accidents. Failure to Report.
The driver of a vehicle involved in an accident resulting in injury or death to any person or property damage to an apparent extent of $100.00 or more shall immediately by the quickest means of communication, give notice of such accident to the Police Department of the San Ildefonso Pueblo or the State of New Mexico.
Sec. 35.6 - Written Reports of Accidents.
(1) The driver of a vehicle involved in an accident resulting in bodily injury to or death of any person or total property damage to an apparent extent of $100.00 or more shall, within five (5) days after such accident, forward a written report of such accident to the Police Department of the San Ildefonso Pueblo or the State of New Mexico.
(2) The San Ildefonso Tribal Court may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the Court and may require witnesses or accidents to render reports to the San Ildefonso Tribal Court.
(3) Every Law Enforcement Officer who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as required in this Section, either at the time of and at the scene of the accident or thereafter by interviewing participants or witnesses shall, within 24 hours after completing such investigation, forward a written report of such accident to the Police Department of the San Ildefonso Pueblo.
Sec. 35.7 - Penalty for Failure to Report.
The Judge may suspend the license or permit to drive of any person and any non-resident operating privileges of any person failing to report an accident as herein provided until such report has been filed, and in addition, may impose a penalty assessment of not to exceed $250.00 and costs.
CHAPTER 36 - SPEED VIOLATIONS AND RESTRICTIONS
Sec. 36.1 - Speed Regulations.
(1) No person shall drive a vehicle on a highway at a speed greater than:
A. Fifteen (15) miles per hour on all highways when passing school zone while children are going to and leaving school and when the school zone is properly posted;
B. Twenty-five (25) miles per hour in any business or residence district;
C. Fifty-five (55) miles per hour on highways and open country or in other locations.
(2) In every event, speed shall be so controlled as may be necessary:
A. To avoid colliding with any person, vehicle, conveyance on or entering the highway;
B. To comply with legal requirements and the duty of all persons to use due care, and to drive in such manner and at such speed that he shall not endanger life, health, or property.
(3) The speed limits set forth in this section may be changed by ordinance of the Council.
Sec. 36.2 - Minimum Speed Regulations.
No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when slow speed is necessary for safe operation or in compliance with law. Tribal and police officers are hereby authorized to enforce this provision by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver shall be a violation.
CHAPTER 37 - RULES AND REGULATIONS GOVERNING PEDESTRIANS
Sec. 37.1 - Pedestrians' Right of Way in Crosswalks.
(1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
(2) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(3) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not over take and pass such stopped vehicle.
Sec. 37.2 - Crossing at Other Than Crosswalks.
(1) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within any unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
(2) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.
(3) Between adjacent intersection at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.
Sec. 37.3 - School Crossings.
(1) Crosswalks may be established over highways abutting a school or the grounds adjacent thereto, and all children crossing the highways shall be required to do so within the marked crosswalks. The State Highway Commission, with respect to state highways, and the Tribal Council, with respect to streets under their jurisdiction, with advice of the local superintendent of schools, shall establish and mark, or cause to be marked, these highway crossings.
(2) Crosswalks over highways not abutting on school grounds may be established by the State Highway Commission, with respect to state highways, and by local superintendent of schools and after adequate assurance has been given that proper safety precautions, pursuant to regulations of the State Highway Commission and of the local authorities. Responsibility for maintaining the crossing will be with the appropriate county or municipality wherein the school is located.
(3) At all school crossings except as provided in this section appropriate signs shall be provided as prescribed by the State Highway Commission or Tribal Council within their respective jurisdictions, indicating the crossings and regulating traffic movement within the school zones.
(4) School crossings are not required to be specially posted when they are located:
A. At a signalized intersection;
B. At an intersection where traffic is controlled by stop sign; or
C. At a point where a pedestrian tunnel or overhead crossing is provided.
Sec. 37.4 - Drivers to Exercise Due Care.
Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.
Sec. 37.5 - Pedestrians to Use Right Half of Crosswalk.
Pedestrians shall move, whenever practicable, upon the right half of the crosswalks.
Sec. 37.6 - Pedestrians on Roadways.
(1) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
(2) Where sidewalks air not provided, any pedestrian walking upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction.
CHAPTER 38 - RULES OF THE ROAD
Sec. 38.1 - Drive on Right of Roadway - Exceptions.
(1) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, and where practicable, entirely to the right of the center thereof, except as follows:
A. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.
B. When the right half of a roadway is closed to traffic while under construction or repair.
C. Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or
D. Upon a roadway designated and signposted for one-way traffic.
(2) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right hand curb or edge of the roadway, except when overtaking and passing another car proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
Sec. 38.2 - Passing Vehicles Proceeding in Opposite Direction.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways width for not more than one (1) line of traffic in each direction each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible.
Sec. 38.3 - Overtaking a Vehicle on the Left.
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:
(1) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle;
(2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Sec. 38.4 - When Overtaking on the Right is Permitted.
(1) The driver of a vehicle any overtake and pass on the right of another vehicle only under the following conditions:
A. When the vehicle overtaken is making or about to make a left turn;
B. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two (2) or more lines of moving vehicles;
C. Upon a one-way street, or upon any roadway on which traffic is restricted to one (1) direction of movement, where the roadway on which traffic is restricted to one (1) direction of movement, where the roadway is free from obstruction and of sufficient width for two (2) or more lines of moving vehicles.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway.
Sec. 38.5 - Limitations on Overtaking on the Left.
No vehicle shall be driven to the left side of the center of roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the same operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle must return to the right-hand of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.
Sec. 38.6 - Further Limitations on Driving to the Left of Center of Roadway.
(1) No vehicle shall at any time be driven to the left side of the roadway under any of the following conditions:
A. When approaching the crest of a grade or upon a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction.
B. When approaching within 100 feet of or traversing any intersection or railroad grade crossing.
C. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
(2). The foregoing limitations shall not apply upon a one-way roadway.
Sec. 38.7 - Movement of Hazardous Vehicle - Escort to be Furnished.
When, in the judgment of the motor transportation department or local Pueblo authorities, with respect to highways under their jurisdiction, the movement of any vehicle is deemed a hazard to traffic upon a highway over which the vehicle is to travel, the granting of permission for the movement thereof may be conditioned upon a special escort accompanying the hazardous vehicle.
Sec. 38.8 - No-Passing Zones.
(1) The state highway commission for the state highways and Tribal Council may determine those portions of any other highway under their respective jurisdictions where overtaking and passing or driving on the left of the roadway would be especially hazardous and may, by appropriate signs or markings on the roadway, indicate the beginning and end of such zones. When the signs or markings on the roadway, indicate the beginning and end of such zones. When the signs or markings are in place and clearly visible to an ordinarily observant person, every driver of vehicle shall obey the direction thereof.
(2) Where signs or markings are in place to define a no-passing zone as set forth in subsection (1) of this section, no driver shall at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark the no passing zone throughout its length.
(3) This section does not apply under the conditions described to the driver of a vehicle turning left into or from an alley, private road or driveway.
Sec. 38.9 - One-Way Roadways and Rotary Traffic Islands.
The Council of the Tribe may designate any highway or any separate roadway under its jurisdiction for one-way traffic and shall erect appropriate signs giving notice thereof.
(1) Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.
(2) A vehicle passing around a rotary traffic island shall be driven only to the right side of such island.
Sec. 38.10 - Driving on Roadways Laned for Traffic.
Whenever any roadway has been divided into two (2) or more within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made in safety.
(1) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocations;
(2) Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign.
Sec. 38.11 - Following Too Closely.
(1) The driver of a motor vehicle shall not follow another vehicle closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the conditions of the highway.
(2) The driver of any motor vehicle or motor truck drawing another vehicle when traveling upon a roadway outside of a business or residence district shall not follow another motor vehicle or motor truck drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(3) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall not follow the preceding vehicles closer than 300 feet. This provision shall not apply to funeral processions.
Sec. 38.12 - Driving on Divided Highways.
Whenever any highway has been divided into two (2) roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a cross-over or intersection established by the written resolution of the Tribal Council.
Sec. 38.13 - Restricted Access.
No person shall drive a vehicle onto or from any controlled access roadway except at such entrances and exits as are established by public authority.
Sec. 38.14 - Required Position and Method of Turning at Intersections.
The driver of a vehicle intending to turn at an intersection shall do so as follows:
(1) Right Turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right hand curb or edge of the roadway;
(2) Left Turns on Two-Way Roadways. At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
(3) Left Turns on Other Than Two-Way Roadways. At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.
(4) The Tribal Council may cause signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such signs.
Sec. 38.15 - Turning on Curve or Crest of Grade Prohibited.
No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 1,000 feet.
Sec. 38.16 - Starting Parked Vehicles.
No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
Sec. 38.17 - Turning Movements and Required Signals.
(1) No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 66-7-322, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided in the event any other traffic may be affected by such movement.
(2) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
(3) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal.
Sec. 38.18 - Signals by Hand and Arm or Signal Device.
(1) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device except as otherwise provided in paragraph (2).
(2) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any signal vehicle, also to any combination of vehicles.
Sec. 38.19 - Method of Giving Hand and Arm Signals.
(1) All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:
A. Left Turn. Hand and arm extended horizontally.
B. Right Turn. Hand and arm extended upward.
C. Stop or decrease speed. Hand and arm extended downward.
Sec. 38.20 - Vehicle Approaching or Entering Intersection.
(1) The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.
(2) When two (2) vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.
(3) The right of way rules declared in paragraphs (1) and (2) are modified at through highways and otherwise as hereinafter stated in this Code.
Sec. 38.21 - Vehicle Turning Left At Intersection.
The driver of a vehicle within at intersection intending to turn left shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required by this act, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right of way to the vehicle making the left turn.
Sec. 38.22 - Vehicles Entering Stop or Yield Intersection.
(1) Preferential right of way at an intersection may be indicated by stop signs or yield signs as authorized in this act.
(2) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by Section 66-7-345 and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
(3) The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions, and shall yield the right of way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If the driver is involved in a collision with a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of his failure to yield right of way.
Sec. 38.23 - Flashing Signals.
(1) Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:
A. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign;
B. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.
(2) This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules set forth in Section 66-7-341.
Sec. 38.24 - Stop Before Emerging From Alley or Private Driveway.
The driver of a vehicle within a business or residence district emerging from an alley, driveway, or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right of way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.
Sec. 38.25 -Vehicle Entering Highway From Private Road or Driveway.
The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right of way to all vehicles approaching on said highway.
Sec. 38.26 - Operation of Vehicle on Approach of Authorized Emergency Vehicles.
(1) Upon the immediate approach of an authorized emergency vehicle equipped with at least one (1) lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle, or bell; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand curb or edge of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
Sec. 38.27 - Authorized Emergency Vehicles.
(1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section subject to the conditions stated. The Tribal Council, the Chief of Police, or the Sheriff may designate emergency vehicles and revoke the designation. When vehicles are so designated, they are authorized emergency vehicles.
(2) The driver of an authorized emergency vehicle may:
A. Park or stand, irrespective of the provisions of the Motor Vehicle Code.
B. Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation;
C. Exceed the maximum speed limits so long as he does not endanger life or property; and
D. Disregard regulations governing direction of movement or turning in specified directions.
(3) The exemptions granted to an authorized emergency vehicle apply only when the driver of the vehicle, while in motion, sounds an audible signal by bell, siren, or exhaust whistle as reasonably necessary, and when the vehicle is equipped with at least one light lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
(4) This section does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor does it protect the driver from the consequences of his reckless disregard for the safety of others.
Sec. 38.28 - Overtaking and Passing School Bus.
(1) The driver of a vehicle upon approaching or overtaking from either direction any school bus which has stopped on the roadway, with special school bus signals in operation, for the purpose of receiving or discharging any school children, shall stop the vehicle at least ten (10) feet before reaching the school bus and shall not proceed until the special school bus signals are turned off, the school bus resumes motion or until signaled by the driver to proceed.
(2) Every bus used for the transportation of school children shall bear upon the front and rear thereof a plainly visible sign containing the words "School Bus" in letters not less than eight (8) inches in height.
(3) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled access highway and the school bus is stopped in a loading zone which is part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.
Sec. 38.29 - Stopping, Standing or Parking Outside of Business or Residence Districts.
(1) Upon any highway outside of a business or residence district no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main-traveled part of the highway when it is practicable to stop, park, or so leave such vehicle off such part of said highway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicles shall be available from a distance of 200 feet in each direction upon such highway.
(2) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position.
Sec. 38.30 - Officers Authorized to Remove Illegally Stopped Vehicles
Whenever any police officer finds a vehicle standing upon a highway in such position of location to be a hazard, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same to position off the paved or main-traveled part of such highway.
Sec. 38.31 Stopping, Standing or Parking Prohibited in Specified Places.
(1) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
A. On a sidewalk;
B. In front of a public or private driveway;
C. Within an intersection;
D. Within 15 feet of a fire hydrant;
E. On a crosswalk;
F. Within 20 feet of a crosswalk at an intersection;
G. Within 30 feet upon the approach of any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway;
H. Between a safety zone and the adjacent curb or within 30 feet or points on the curb immediately opposite the ends of a safety zone, unless the traffic authority indicates a different length by signs or markings;
I. Within 50 feet of the nearest rail of a railroad crossing;
J. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted);
K. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
L. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
M. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
N. At any place where official signs prohibit stopping.
(2) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
Sec. 38.32 - Additional Parking Regulations.
(1) Except as otherwise provided in this section, every vehicle stopped or parked upon a roadway where there are adjacent curbs shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within 13 inches of the right-hand curb.
(2) Local authorities nay by ordinance permit parking of vehicles with the left-hand wheels adjacent to and within 18 inches of the left-hand curb of a one-way roadway.
(3) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the San Ildefonso pueblo has determined by resolution or ordered entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(4) The San Ildefonso pueblo with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing, or parking of vehicles on any highway where in its opinion, as evidenced by resolution or order entered in its minutes, such stopping, standing or parking is dangerous to those using the highway or where stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions on such signs.
Sec. 38.33 - Unattended Motor Vehicle.
No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping engine, locking the ignition, removing the key, and effectively setting the brake, or placing the transmission n parking position thereon and, when standing upon any grade, turning the front wheels in such manner that the vehicle will be held by the curb or will not leave the highway if the brake fails. A violation of this section shall not mitigate the offense of stealing a motor vehicle, nor shall the provisions of this section or any violation thereof be admissible as evidence in a civil action for the recovery of a stolen motor vehicle, or in any other civil action arising out of the theft of a motor vehicle.
Sec. 38.34 - Limitations on Backing.
The driver of any vehicle shall not back it:
(1) Unless the movement can be made with reasonable safety and without interfering with other traffic;
(2) Upon any shoulder or roadway of any controlled-access highway or upon the exit or entry road of any controlled-access highway.
Sec. 38.35 - Stopped Vehicles Not to Interfere with Other Traffic.
No motor vehicle shall be stopped, parked or left standing, whether attended or unattended, upon the traveled portion of any highway outside of a business or residence district, when it is practicable to stop, park or leave such vehicle off the traveled portion of the highway. In the event that conditions make it impracticable to move such motor vehicle from the traveled portion of the highway, the driver shall make every effort to leave all possible width of the highway opposite the standing vehicle for the free passage of other vehicles and he shall take care to provide a clear view of the standing vehicle as far as possible to the front and rear.
Sec. 38.36 - Emergency Signals: Disabled Vehicle.
Whenever any motor vehicle is disabled upon the traveled portion of any highway or the shoulder thereof, when lighted lamps are required except in cities, towns and villages where there is sufficient highway lighting to make it clearly discernible to persons and vehicles on the highway at a distance of 500 feet, the following requirements shall be observed:
(1) The driver of such vehicle shall immediately place on the traveled portion of the highway at the traffic side of the disabled vehicle, a lighted fuse and a lighted electric lantern or a red emergency reflector.
(2) Except as provided in paragraphs 3 and 4 of this section, as soon thereafter as possible, but in any event within the burning period of the fuse, the driver shall place three (3) liquid-burning flares (pot torches) on traveled portion of the highway in the following order:
A. One (1) at a distance of approximately 100 feet from the disabled vehicle in the center of the traffic lane occupied by such vehicle and toward traffic approaching in that lane;
B. One (1) at a distance of approximately 100 feet in the opposite direction from the disabled vehicle in the center of the traffic lane occupied by such vehicle; and
C. One (1) at the traffic side of the disabled vehicle, not less than 10 feet to the front or rear thereof. If a red electric lantern or red emergency reflector has been placed on the traffic side of the vehicle in accordance with paragraph (1) of this section, it may be sued for this purpose.
(3) If disablement of any motor vehicle shall occur within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver shall so place the warning signal in that direction as to afford ample warning to the other users of the highway, but in no case less than 100 feet nor more than 500 feet from the disabled vehicle.
(4) If gasoline or any other flammable or combustible liquid or gas seeps or leaks from a fuel container of a motor vehicle disabled or otherwise stopped upon a highway, no emergency warning signal producing a flame shall be lighted or placed except at such distance from any such liquid or gas as will assure the prevention of a fire or explosion.
Sec. 38.37 - Stopped or Parked Vehicles.
Whenever for any cause other than disablement or necessary traffic stops, any motor vehicle is stopped upon the traveled portion of any highway or shoulder thereof, during the time lights are required except within cities, towns, and villages where there is sufficient highway lighting to make clearly discernible person and vehicles on the highway at a distance of 500 fee, the following requirements shall be observed:
(1) The driver of such vehicle shall immediately place on the traveled portion of the highway at the traffic side of the vehicle, a lighted fuse and a lighted red electric lantern, or a red emergency reflector.
Sec. 38.38 - Red Flags: Stopped Vehicles.
During the time when lighted lamps are not required, whenever a motor vehicle is disabled, stopped or parked upon the traveled portion of any highway or shoulder thereof, except within the business or residence district of cities, towns and villages, the driver of such vehicle shall place red flags as follows:
(1) One (1) at a distance of approximately 100 feet from the vehicle in the center of the traffic lane occupied by such vehicle toward traffic approaching that lane.
(2) One (1) at a distance of approximately 100 feet in the opposite direction from the vehicle in the center of the traffic lane occupied by such vehicle.
Sec. 38.39 - Loads on Vehicles.
(1) No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on roadway in cleaning or maintaining roadway.
(2) No person shall operate on any highway any vehicle or combination of vehicles with any load unless said load and any covering thereon is securely fastened so as to prevent said covering or load from coming loose, detached, or in any manner a hazard to any users of the highway.
CHAPTER 39 - EQUIPMENT REQUIREMENTS FOR SAFETY
Sec. 39.1 - Scope and Effect of Regulations.
It is a violation for any person to drive or for the owner to permit to be driven on any highway any vehicle which is in such unsafe condition as to endanger any person.
Sec. 39.2 - When Lighted Lamps are Required.
Every vehicle upon a highway within this reservation at any time from a half hour after sunset to a half hour before sunrise and any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead shall display lighted lamps and illuminating devices as hereinafter respectively required for different classes of vehicles, subject to exceptions with respect to parked vehicles as hereinafter stated.
Sec. 39.3 - Visibility Distance and Mounted.
(1) Whenever requirement is hereinafter declared as to the distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, said provisions shall apply during the times stated in Sec. 66-3- 802, in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
(2) Whenever requirement is hereinafter declared as to the mounted height of lamps or devices it shall mean from the center of such lamps or device to the level ground upon which the vehicle stands when such vehicle is without a load.
Sec. 39.4 - Head Lamps on Motor Vehicles.
(1) Every motor vehicle other than a motorcycle or motor- driven cycle shall be equipped with at least two (2) head lamps with at least one (1) on each side of the front of the vehicle, which head lamps shall comply with the requirements and limitations set forth in this Code.
(2) Every motorcycle and every motor-driven cycle shall be equipped with at least one (1) and not more than two (2) head lamps which shall comply with the requirements and limitations of this article.
(3) Every head lamp upon every vehicle, including every motorcycle and motor driven cycle, shall be located at a height measured from the center of the head lamp of not more than fifty-four (54) inches nor less than twenty (20) inches to be measured as set forth in See. 66-3-803.
Sec. 39.5 - Tail Lamps.
(1) Every motor vehicle, trailer, semi-trailer, and pole trailer, and every other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with at least one (1) tail lamp mounted on the rear, which, when lighted as hereinbefore required shall emit a red light plainly visible from a distance of 500 feet to the rear, provided that in the case of a train of vehicles only the tail lamp on the rearmost vehicle need actually be seen from the distance specified. And further, every such above mentioned vehicle, other than a truck tractor, manufactured or assembled after July 1, 1953, shall be equipped with at least two (2) tail lamps mounted on the rear, which when lighted as herein required shall comply with the provisions of this Section.
(2) Every tail lamp upon every vehicle shall be located at a height of not more than 72 inches nor less than 20 inches.
(3) Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
Sec. 39.6 - Stop Lamps and Turn Signals Required on Designated Vehicles.
(1) It shall be unlawful for any person to sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this state or for any person to drive such vehicle on the highways unless it is equipped with at least one (1) stop lamp meeting the requirements of Sec. 66-3-828.
(2) No person shall sell or offer for sale or operate on the highways any motor vehicle, trailer, semi-trailer or house trailer which was manufactured or assembled after January 1, 1954, unless it is equipped with mechanical or electric turn signals meeting the requirements of Sec. 66-3-828.
This paragraph shall not apply to any motorcycle or motor-driven cycle.
Sec. 39.7 - Application of Succeeding Sections.
Sections 66-3-809, 66-3-810, 66-3-816, 66-3-822, and 66-3-823, shall apply in lieu of Sections 66-3-804 through 66-3-806, as to passenger buses, trucks, truck tractors, road tractors, and such trailers, semi-trailers, pole trailers, provided for therein, when operated upon any highway and said vehicles shall be equipped as required. All lamp equipment required shall be lighted at the times mentioned in Section 66-3-802.
Every bus or truck less than 80 inches in overall width shall be equipped as follows:
(1) On the front, two (2) head lamps;
(2) On the rear, one (1) tail lamp; one (1) red or amber stop lamp; two (2) red reflectors, one (1) at each side.
Sec. 39.9 - Color of Clearance Lamps, Side Marker Lamps.
Every bus or truck 80 inches or more in width shall be equipped as follows:
(1) On the front, two (2) head lamps, two (2) amber clearance lamps; one (1) on each side.
(2) On the rear, one (1) red tail lamp one (1) red or amber stop lamp; two (2) red clearance lamps, one (1) at each side; two (2) red reflectors, one (1) at each side.
(3) All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except the stop light or other signal device, which may be red, amber, or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a backup lamp shall be white or amber.
(4) On each side, one (1) amber side marker lamps, located at or near the front; one (1) red side marker lamps, located at or near the rear; one (1) amber reflector, located at or near the front; one (1) red reflector, located at or near the rear.
Sec. 39.10 - Lamps and Reflectors -- Truck Tractors and Road Tractors.
Every truck and road tractor shall be equipped as follows:
(1) On the front, two (2) head lamps; two (2) amber clearance lamps, one at each side.
(2) On the rear, one (1) red tail lamp; one (1) red or amber stop lamp.
Sec. 39.11 - Lamp and Reflectors Large Semitrailers, Full Trailers, House Trailers.
Every semitrailer, full trailer or house trailer 80 inches or more in overall width shall be equipped as follows:
(1) On the front, two (2) amber clearance lamps, one (1) at each side.
(2) On the rear, one (1) red tail lamp; one (1) at each side; two (2) red reflectors, one (1) at each side.
(3) On each side, one (1) amber side marker lamp, located at the rear; one (1) amber reflector, located at or near the front; one (1) red reflector, located at or near the rear.
(4) Side marker lamps combined with clearance lamps may use the same light source.
Sec. 39.12 - Lamps and Reflectors -- Small Semitrailers, House Trailers and Trailers.
Every pole trailer shall be equipped as follows:
(1) On the rear, one (1) red tail lamp, two (2) red reflectors, one (1) at each side; placed to indicate extreme width of the pole trailer.
(2) On each side, on the rearmost support for the load, one (1) combination marker lamp showing amber to the front and red to the side and rear, mounted to indicate the maximum width of the pole trailer; one (1) red reflector located at or near the rear; and on pole trailers 30 feet or more in overall length, an amber marker lamp on each side near the center.
Sec. 39.13 - Mounting of Reflectors, Clearance Lamps and Side Marker Lamp
(1) Reflectors required by Section 66-3-809 and 66-3-810 shall be mounted upon the motor vehicle at a height of not less than 24 inches nor more than 60 inches above the ground on which the motor vehicle stands, except that reflectors shall be mounted as high as practicable on motor vehicles which are so constructed as to make compliance with the 24-inch requirements impractical. They shall be so installed as to perform their function adequately and reliably and except for temporary reflectors required for vehicles in drive-away/ tow-away operations, all reflectors shall be permanently and securely mounted in workmanlike manner so as to provide the maximum of stability, and the minimum likelihood of damage. Required reflectors otherwise properly mounted a ny be securely installed on flexible strapping or belting provided that under conditions of normal operation they reflect light in the required directions. Required temporary reflectors mounted on motor vehicles during the time they are in transit in any drive-away/tow-away operations must be firmly attached.
(2) Color. All reflectors on the rear and those nearest to the rear on the sides, except those referred to in paragraph (1) of this section, shall reflect a red color; all other reflectors, except those referred to in paragraph (1) of this section, shall reflect an amber color. Provided that this requirement shall not be construed to prohibit the use of motor vehicles in combination if such motor vehicles are severally equipped with reflectors.
Sec. 39.14 - Clearance Lamps to Indicate Extreme Width, Height and Length.
Clearance lamps shall, so far as is practicable, be mounted as to indicate the extreme width, height and length of the motor vehicle; except that clearance lamps on truck tractors shall be so located as to indicate the extreme width of the truck tractor cab.
Sec. 39.15 - Side Marker Lamps Combined with Clearance Lamps.
Side marker lamps may be combined with clearance lamps and may use the same light source.
Sec. 39.16 - Combining Tail and Stop Lamps.
Except as required by Section 66-3-817, tail lamps may be incorporated in the same housing with stop lamps so long as the requirements for each are fulfilled.
Sec. 39.17 - Lighting Devices to be Electric.
Lighting devices shall be electric, except that red liquid burning lanterns may be used on the end of load in the nature of poles, pipes, and ladders projecting to the rear of the vehicle.
Sec. 39.18 - Requirements for Bead Lamps and Auxiliary Road Lighting Lamps.
(1) Head lamps and lamps or auxiliary road lighting lamps shall be mounted so that the beams are readily adjustable, both vertically and horizontally, and the mounting shall be such that the aim is not readily disturbed by ordinary conditions of service.
(2) Head lamps and auxiliary road lamps required. Every bus, truck or truck tractor shall be equipped with two (2) single-beam head lamps supplemented by two (2) auxiliary single-beam head furnishing, respectively, an upper and lower distribution of light, also selectable at the driver's will.
(3) Head Lamps: Aiming and intensity of. Head lamps shall be constructed and installed so as to comply with the provisions of Section 66-3-830 through 66-3-832.
Sec. 39.19 - Requirements for Clearance, Side Marker and Other Lamps.
(1) Clearance, side marker, and other lamps; mounting. Except for temporary side marker and clearance lamps on motor vehicles, as enumerated in Section 66-3-808, being transported in drive-away/tow-away operation, temporary electric lamps on projecting loads, and temporary marker lamps on pole trailers, all lamps shall be permanently and securely mounted in workmanlike manner on a permanent part of the motor vehicle. All clearance lamps and side marker lamps must be firmly attached.
(2) Clearance, Side Marker, Tail, and Projecting Load-Marker Lamps. Visibility, clearance, side marker, tail and projecting load marker lamps shall be so mounted as to be capable of being seen from a distance of at least 500 feet under clear atmospheric conditions during the time lamps are required to be lighted. The light from front clearance lamps shall be visible to the front and that from side marker lamps to the side, that from rear clearance and tail lamps to the rear. This section shall not be construed to apply to lamps which are obscured by another unit or combination of vehicles.
(3) Clearance, Side Marker, Tail, and Projecting Marker Lamps; Specifications. Clearance, side marker, tail and projecting load marker lamps shall be constructed and installed so as to provide an adequate and reliable warning signal.
Sec. 39.20 - Obstructed Lights Not Required.
Whenever motor and other vehicles are operated in combination during the time that lights are required, any lamp (except tail lamps) need not be lighted which, by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement that lighted clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
Sec. 39.21 - Lamp or Flag on Projecting Load.
(1) Whenever the load upon any vehicle extends to the rear four (4) feet or more beyond the bed or body of such vehicle, there shall be displayed at the extreme rear end of the load, at the times specified in this Code, a red light or lantern plainly visible from a distance of at least 500 feet to the sides and rear. The red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be displayed at the extreme rear end of such load a red flag or cloth not less than 12 inches square and so hung that the entire area is visible to the driver of a vehicle approaching from the rear.
(2) If any part of a vehicle, or any load thereon, or any mechanical device, whether a temporary or permanent part of the vehicle, extends beyond the front bumpers thereof, the extreme front corners of such project shall be at the times specified in Section 66-3-802 indicated by amber lights or lanterns visible from a distance of at least 500 feet to the sides and front.
Sec. 39.22 - Lamps on Parked Vehicles.
(1) Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of 500 feet upon such street or highway no lights need be displayed upon such parked vehicle.
(2) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour after sunset and a half hour before sunrise and there is not sufficient light to reveal any person or object within a distance of 500 feet upon such highway, such vehicle so parked or stopped shall be equipped with one (1) or more lamps meeting the following requirements: At least one (1) lamp shall display a white or amber light visible from a distance of 500 feet to the front of the vehicle and the same lamp or at least one (1) other lamp shall display a red light visible from a distance of 500 feet to the rear of the vehicle, and the location of said lamp or lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. The foregoing provisions shall not apply to a motor-driven cycle.
(3) Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
Sec. 39.23 - Lamps on Other Vehicles and Equipment.
(1) All vehicles, including animal-drawn vehicles, shall at the times specified in 66-3-802 hereof be equipped with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of 500 feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of 500 feet to the rear.
(2) Every farm tractor not equipped with an electric lighting system shall at all times mentioned in Section 66-3-802 be equipped with lamps or lanterns meeting the requirements of paragraph (1) above. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 66-3-802 display a red tail lamp and either multiple-beam or single beam head lamps meeting the requirements of Sections 66-3-805, 66-3-830 and 66-3-832 respectively.
All combinations of tractors and towed farm equipment shall, in addition to the lighting equipment required by paragraph (2) above, be equipped with a lamp or lamps displaying a white or amber light visible from a distance of 500 feet to the front and red light visible from a distance of 500 feet to the rear, and said lamp or lamps shall be installed or capable of being positioned so that visibility from the rear is not obstructed by the towed equipment and so as to indicate the further projection of said towed equipment on the side of the road, used by other vehicles in passing such combinations. And further, all such towed equipment shall be equipped either with two (2) tail lamps displaying a red light visible from a distance of 500 fee to the rear or two (2) red reflectors visible from a distance of 50 feet to 500 feet to the rear when illuminated by the upper beam of head lamp; and the location of such lamps or reflectors shall be such as to indicate as nearly as practicable the extreme left and right rear projections of said towed equipment on the highway.
Sec. 39.24 - Spot Lamps and Auxiliary Lamps.
(1) Spot Lamps. Any motor vehicle may be equipped with not to exceed two (2) spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more than 100 feet ahead of the vehicle. Provided, however that lighted spot lamps shall be turned off at least 500 feet from approaching motor vehicles.
(2) Fog Lamps. Any motor vehicle may be equipped with not to exceed two (2) fog lamps mounted on the front at a height not less than 12 inches nor more than 30 inches above the level surface upon which the vehicle stands and so aimed when the vehicle is not loaded none of the high-intensity portion of the light to the left of the center of the vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below the level of the center of the lamp from which it comes. Lighted fog lamps meeting the above requirements may be used with lower head lamp beams as specified in Section 66-3-830.
(3) Auxiliary Passing Lamp. Any motor vehicle may be equipped with not to exceed one (1) auxiliary passing lamp mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of this Code shall apply to any combination of head lamp and auxiliary passing lamps.
(4) Auxiliary Driving Lamp. Any motor vehicle may be equipped with not to exceed one (1) auxiliary driving lamp mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. Any lighted auxiliary driving lamp shall be turned off at least 500 feet from approaching motor vehicles. The provisions of Section 66-3-830 shall apply to any combination of head lamps and auxiliary driving lamp.
Sec. 39.25 - Signal Lamp and Signal Devices.
(1) Any motor vehicle, trailer, semitrailer and house trailer may be equipped and when required under this Act shall be equipped with the following signal lamps and devices:
A. A stop lamp or stop lamps on the rear which shall emit a red, amber or yellow light and which shall be actuated upon application of the service brakes and which may but need not be incorporated with one or more other rear lamps.
B. A lamp or lamps or mechanical signal device capable of clearly indicating any intention to turn either to the right or to the left and which shall be visible both from the front and rear.
(2) Every stop lamp shall be plainly visible and understandable from a distance of 100 feet both to the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lap or lamps shall at all times be maintained in good working condition. No stop lamp or signal lamp shall project a glaring or dazzling light.
(3) All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Section 66-3-802.
Sec. 39.26 - Multiple-Beam Road Lighting Equipment.
Except as hereinafter provided, the head lamps or auxiliary driving lamps, or the auxiliary passing lamp, or combinations thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged, that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
(1) There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least 350 feet ahead for all conditions of loading.
(2) There shall be a lowermost distribution of light, or composite beam, so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead; and on a straight level road under any condition of loading, none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
(3) Every new motor vehicle, other than a motorcycle or motor-driven cycle, which as multiple-beam road lighting equipment shall be equipped with a beam indicator, which shall be lighted whenever the uppermost distribution of light from the head lamps is in use, and shall not otherwise be lighted. Said indicator shall be so designed and located that when lighted it will be readily visible without glare to the driver of the vehicle so equipped.
Sec. 39.27 - Use of Multiple-Beam Road Lighting Equipment
Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in Section 66-3-831, the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
(1) Whenever the driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light specified in Section 66-3-830 shall be dimmed to avoid glare at all times, regardless of road contour and loading.
(2) Whenever the driver of a vehicle overtakes another vehicle proceeding in the same direction and within 200 feet, such driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected through the rear window of the overtaken vehicle.
Sec. 39.28 - Single-Beam Road Lighting Equipment.
Head lamps arranged to provide a single distribution of light shall be permitted on rotor vehicles manufactured and sold prior to July 1, 1953, in lieu of multiple-beam road lighting equipment herein specified if the single distribution of light complies with the following requirements and limitations:
(1) The head lamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of 25 feet ahead project higher than a level of 5 inches below the level of the center of the lamp from which it comes, and in no case higher than 42 inches above the level on which the vehicle on which the vehicle stands at a distance of 75 feet ahead.
Sec. 39.29 - Lighting Equipment on Motor Driven Cycles.
The head lamp or head lamps upon every motor-driven cycles may be of the single-beam or multiple-beam type but in either event shall comply with the requirements and limitations as follows:
(1) Every said head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or vehicle at a distance of not less than 100 feet when the motor-driven cycle is operated at any speed less than 25 miles per hour, and at a distance of not less than 200 feet when the motor-driven cycle is operated at a speed of 25 or more miles per hour, and at a distance of not less than 300 feet when the motor-driven cycle is operated at a speed of 35 or more miles per hour.
(2) In the event the motor-driven cycle is equipped with a multiple beam head lamp or head lamps the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in Section 66-3-830 and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in this Code.
(3) In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, said lamp or lamps shall be so aimed that when the vehicle is loaded none of the high-intensity portion of light, at a distance of 25 feet ahead, shall project higher than the level of the center of the lamp from which it comes.
Sec. 39.30 - Special Restrictions on Lamps.
(1) Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot warning lamps, and school bus warning lamps, which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the high-intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.
(2) No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. This section shall not apply to any vehicle upon which a red light visible from the front is expressly authorized or required by this Act.
(3) Flashing lights are prohibited except as provided in paragraph (1) hereof and except on authorized emergency vehicles, school buses, snow-rental equipment, highway marking equipment, and on any vehicle as a means of indicating a right or left turn.
Sec. 39.31 - Brakes: Brake Equipment Required.
(1) Every motor vehicle, other than motorcycle or motor-driven cycle, when operated upon a highway; shall be equipped with brakes adequate to control the movement of and to stop and hold such vehicle, including two (2) separate means of applying the brakes, each of which in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without brakes on at least two (2) wheels.
(2) From and after the effective date of this Act every bus, truck, truck tractor, road tractor, trailer, semi-trailer, and pole trailer shall be equipped with brakes on all wheels in contact with road surfaces, except:
A. Trailers, semitrailers, and pole trailers of gross weight of not less than 3,000 pounds;
B. Any vehicle being towed in a drive-away/tow-away operation, provided the combination of vehicles is capable of complying with the performance requirements of Act.
C. Trucks, truck tractors, and road tractors having three or more axles need not have brakes on the front wheels;
D. Motorcycles, motor-driven cycles, and motor vehicles of the types named in this section hereinabove, heretofore manufactured prior to the effective date of this Act.
(3) Brakes on House Trailers.
A. From and after the effective date of this Act, every house trailer of a gross weight in excess of 3,000 pounds, registered in the state, shall be equipped with brakes on at least two (2) wheels in contact with road surfaces.
B. Every house trailer of a gross weight of 3,000 pounds of more, when operated upon a highway (roadway) shall be equipped with brakes adequate to control the movement of, and to stop and to hold such vehicle, and so designed as to be applied by the driver of the towing motor vehicle.
(4) Parking Brakes. Every bus, truck road tractor, or truck tractor shall be equipped with parking brakes capable of locking the rear driving wheels and adequate under any condition of loading to hold, to the limit of traction of such braked wheels, such vehicle or combination of vehicles to which such motor vehicle may be attached. The operating controls of such parking brakes shall be independent of the operating controls of the service brakes.
(5) In any combination of motor-drawn vehicles, means shall be provided for applying the rearmost trailer brakes, for any trailer equipped with brakes, in approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rearmost wheels at the fastest rate; or means shall be provided for applying braking effort first on the rearmost trailer equipped with brakes; or both of the above means capable of being used alternatively may be employed.
(6) The brake shoes operating within or upon the drums on the vehicle wheels of any motor vehicle may be used for both service and hand operation.
(7) Performance Ability of Brakes. Every motor vehicle or combination of motor-drawn vehicles shall be capable, at all times and under all conditions of loading, of being stopped on dry, smooth, level road, the distance specified below, or shall be capable of being decelerated at a sustained rate corresponding to these distances:
Feet to stop from deceleration in 20 miles per hour feet per second
Vehicles or combinations of vehicles having brakes on all wheels 3014
Vehicles or combinations of vehicles not having brakes on all wheels 4010.7
(8) Maintenance of Brakes. All brakes shall be maintained in good working order and shall be so adjusted as to operate as equally as practicable with respect to the wheels on opposite sides of the vehicle.
Sec. 39.32 - Horns and Warning Devices.
Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall be used which does not produce a harmonious sound. The driver of a motor vehicle shall when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn when upon a highway.
Sec. 39.33 - Muffler, Prevention of Noises.
(1) Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, bypass, or similar device upon a motor vehicle on a high way.
(2) The muffler, engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes of smoke.
Sec. 39.34 - Mirrors.
Every Motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such vehicle.
Sec. 39.35 -Windshields Must be Unobstructed and Equipped with Mirrors.
(1) No person shall drive a motor vehicle with any sign, poster, or other nontransparent material upon or in the front windshield, side wings, or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any interesting highway.
(2) The windshield on every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.
(3) Every windshield wiper upon a motor vehicle shall be maintained in good working order.
Sec. 39.36 - Vehicles Without or in Unsafe Condition.
(1) No person shall drive or move on any highway any motor vehicle, trailer, semitrailer, or pole trailer, or any combination thereof unless the equipment upon and every said vehicle is in good working order and adjustment as required in this Act and said vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.
(2) Before any used house trailer shall be registered for the first time in this state, application shall be made to the state police, or to such person or persons as may be designated by the Judge, for an inspection of such used house trailer, for compliance with the provisions of Section 66-3-812, 66-3-813, and 66-3-840.
Sec. 39.37 - Safety Belts Required.
It is unlawful for any person to buy, sell, lease, trade or transfer at retail an automobile which is manufactured or assembled commencing with the 1964 models, unless the vehicle is equipped with safety belts installed for use in the left front and right front seats.
Sec. 39.38 - Safety Belts - Type and Manner of Installation.
All safety belts required in Section 66-3-874 shall be of type and shall be installed in a manner approved by the Division of Motor Vehicles. The Division shall establish specifications and requirements for approved types of safety belts and attachments thereto. The Division shall accept, as approved, all seat belt installations and the belts and anchors meeting the Society of Automotive Engineer's specifications.
Sec. 39.39 - Mandatory use of safety restraints.
All occupants in a vehicle equipped with safety restraints shall wear/use such restraints.
CHAPTER 40 - Penalty Assessments and Procedures
(1) As used in the Traffic Safety Code, "penalty assessment violation" means violation of any section of the Traffic safety code for which there is a monetary assessment by the commission for such violation.
(2) Penalty assessment for each violation in the Traffic Safety code may be set by the commission at an amount not lower than $30 or an amount not higher than $9,999.99 even if the past code indicates a different amount.
(3) No jail time may be imposed for traffic violations regardless of past code.
(4)if a violation occurs for which the commission has set an assessment over $499.99 the Police officers are authorized to impound the vehicle in which the violator was (within the exterior boundaries of the Pueblo) for surety. An auto taken as surety may be bonded out as allowed by the court.
Sec. 40.2 - Penalty Assessment Violation - Option -Effect.
(1) Unless a warning notice is given, at the time of making a stop for any penalty assessment violation the officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the violation stated in the notice, and payment of the prescribed penalty assessment is a complete satisfaction of the violation.
(2) Payment of any penalty assessment must be made by mail to the Treasurer's Office, San Ildefonso Tribal Court, San Ildefonso Pueblo, New Mexico 87501, within five (5) days from the date of notice. Payments of penalty assessments are timely if postmarked within five (5) days from the date of notice. The Treasurer's Office of the San Ildefonso Pueblo shall issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.
(3) No record of any penalty assessment payment is admissible as evidence in any court in any civil action.
Sec. 40.3 - Failure to Pay Penalty Assessment.
(1) If a penalty assessment is not paid within five (5) days firm the date of notice, the violator may be prosecuted in a civil action for the violation charged on the penalty assessment notice in a manner as if a penalty assessment notice had not been issued. Upon conviction in such prosecution, the Court shall impose penalties as provided by this Code or other Rules and Regulations relating to motor vehicles for the particular violation charged, and the schedule of penalty assessments shall not apply.
(2) In addition to the prosecution provided for in sub-section (1), it is a violation for any person who has elected to pay a penalty assessment to fail to do so within five (5) days from the date of apprehension.
Sec. 40.4 - Violations by Persons Owning or Controlling Vehicle.
It is a violation for the owner, or any other person employing or otherwise directing the driver of any vehicle to require or to permit the operation of such vehicle upon a highway in any manner contrary to this Code.
Sec. 40.5 - Immediate Appearance Before a judge.
Whenever any person is detained for any violation of the Traffic Safety Code or other Rule or Regulation relating to motor vehicles punishable as a violation, he shall be immediately taken before an available Tribal Judge who has jurisdiction of the violation when:
(1) He request immediate appearance;
(2) Charged with driving while under the influence of intoxicating liquor or narcotic drug;
(3) Charged with failure to stop in the event of an accident causing death, personal injuries or damage to property;
(4) Charged with reckless driving;
(5) The arresting officer has good cause to believe the person arrested has committed a felony; or
(6) Be refuses to give his written promise to appear in court or acknowledge receipt of a warning notice.
Sec. 40.6 - Conduct of Law Enforcement Officer -- Notices by Citation.
(1) Unless a penalty assessment or warning notice is given, whenever a person is cited for any violation of the Traffic Safety Code or other Rule or Regulation relating to motor vehicles punishable as a violation, the officer, using uniform traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the violator sign the agreement to appear as specified, give a copy of the citation to the violator and release him from custody.
(2) Whenever a person is cited for violation of a penalty assessment violation and elects to pay the penalty assessment, the officer, using the uniform traffic citation, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the violator sign the agreement to pay the amount prescribed, give a copy of the citation, along with a business reply envelope addressed to the Treasurer's Office of San Ildefonso, San Ildefonso Pueblo, Rt. 5, Box 315-A, Santa Fe, New Mexico 87501, to the violator and release him from custody. No officer shall accept custody or payment of any penalty assessment notice. If the violator declines to accept a penalty assessment notice, the officer shall issue a notice to appear.
(3) The officer may issue a warning notice but shall fill in the information section of the uniform traffic citation and give a copy to the violator after requiring his signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license.
(4) In order to secure his release the violator must give his written promise to appear in court, or to pay the penalty assessment prescribed, or acknowledge receipt of a warning notice.
(5) Any officer violating this section is guilty of misconduct in office and is subject to removal.
Sec. 40.7 - Failure to Obey Notice to Appear.
(1) It is a violation for any person to violate his written promise to appear in court, given to an officer upon issuance of a uniform traffic citation, regardless of the disposition of the charge for which the citation was issued.
(2) A written promise to appear in court may be complied with by appearance of counsel.
Sec. 40.8 - Officer to be in Uniform.
No person shall be cited for violating the Traffic Safety Code or other Rule or Regulation relating to motor vehicles punishable as a violation except by a peace officer who, at the time of arrest, is wearing a uniform clearly indicating his official status.
Sec. 40.9 - Arrest Without Warrant.
(1) Members of the New Mexico State Police, Sheriffs, Tribal Police Officers if commissioned by the State of New Mexico, Bureau of Indian Affairs Police Officers, if in uniform, may arrest without warrant any person:
A. Present at the scene of a motor vehicle accident;
B. On a highway when charged with theft of a motor vehicle; or
C. Charged with crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged and a statement he is likely to flee the jurisdiction of the state.
(2) To arrest without warrant, the arresting officer must have reasonable grounds, based on personal investigation, which may include information from eyewitnesses, to believe the person arrested has committed a crime.
(3) Law Enforcement Officer of the San Ildefonso Pueblo of Bureau of Indian Affairs, if in uniform, may arrest, if commissioned by the State of New Mexico, or detain for appropriate arresting officers, persons who commit the following crimes, except that Indian persons may be arrested without State commission.
Sec. 40.10 - Homicide by Vehicle.
(1) It is a violation or this code to kill a human being with a motor vehicle.
(2) It is a violation of this code to kill any animal owned by another with a motor vehicle.
(3) It is a violation of this code to use a motor vehicle to cause damage to any person.
(4) It is a violation of this code to use a motor vehicle to cause damage to any animal owned by another.
(5) It is a violation of this code to use a motor vehicle to cause damage to the property of another.
(6) For violations for parts 3, 4, and 5, the violator shall pay for any proven damages including hospital/veterinarian bills, lost wages, lost of earning power, etc.
Sec. 40.11 - Persons Under Influence of Intoxicating Liquor or Drugs
(1) It is unlawful for any person who is under the influence of intoxicating liquor to drive or to be in actual physical control of any vehicle within the jurisdiction of the San Ildefonso Pueblo.
(2) It is unlawful for any person who is a habitual user of, or under the influence of, any narcotic drug, or who is under the influence of any drug to a degree which renders him incapable of safely driving a vehicle, to drive or to be in actual physical control of any vehicle within the jurisdiction of the San Ildefonso Pueblo. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state is not a defense against the charge;
(3) For every violation of this section, the violator shall Pay a Penalty assessment, After the first violation, the Tribal Court may revoke or suspend the violators license.
Sec. 40.12 - Reckless Driving.
(1) Any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard of the rights or safety of others and 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 property is guilty of reckless driving.
(2) For every violation of this section, the violator shall Pay a penalty assessment.
(3) Upon conviction of violation of this section, the Tribal Court may suspend the license or permit to drive and any non- resident operating privilege for not to exceed ninety (90) days and notify the State Department of Motor Vehicles.
Sec. 40.13 - Parties to a Violation
(1) Every person who commits, attempts to commit, conspires to commit or aids or abets in the commission of any act declared herein to be a violation, whether individually or in connection with one or more other persons or as a principal, agent or accessory, shall be guilty of such violation and shall pay the penalty assessment of that violation.
(2) Every person who falsely, fraudulently, forcibly or willfully induces, causes, coerces, requires, permits, or directs another to commit a violation shall be guilty of a violation and shall pay a penalty assessment.
Sec 40.14 - Open Containers.
(1) It is violation for any person operating a motor vehicle to have open containers of alcohol within the vehicle in which they are driving. For every violation, the violator will pay a penalty assessment.
CHAPTER 41 MISCELLANEOUS PROVISIONS
Sec. 41.1 - Animals on Highway.
(1) It shall be a violation for any person during the hours of darkness to ride a horse or other animal upon the traveled portion of any highway which is normally used by other vehicles.
(2) It shall be a violation for any person to permit livestock to wander or graze upon any fenced highway at any time, or during the hours of darkness to drive livestock along or upon any highway, which is normally used by motor vehicles.
Sec. 41.2 - Putting Glass, Etc., on Highway Prohibited.
(1) No person shall throw or deposit upon any highway any glass bottle, lass, nails, tacks, wire, cans, or any other substance likely to injure any person, animal, or vehicle upon such highway.
(2) Any person who drops, or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.
(3) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.
Sec. 41.3 - Improper Opening of Doors.
It is a violation for any person to:
(1) Open a door of a vehicle on the side near moving traffic unless:
A. It is reasonably safe to do so; and
B. The door can be opened without interfering with the movement of traffic; or
(2) Leave a door of a Vehicle open on the side of the vehicle near moving traffic for a period of time longer than necessary to load or to unload passengers.
Sec. 41.4 - Clinging to Vehicles.
No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway.
Sec. 41.5 - Careless Driving.
(1) Any person operating a vehicle on the highway shall give his full time and entire attention to the operation of the vehicle.
(2) Any person who operates a vehicle in a careless, inattentive or imprudent manner, without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances is guilty of a violation.
Sec. 41.6 - Mandatory Use of Protective Helmets.
(1) No person under the age of eighteen (18) years shall operate a motorcycle unless he is wearing a safety helmet securely fastened on his head in a normal manner as headgear. The Judge shall adopt rules and regulations establishing standards covering the types of helmets and the specifications therefore and shall establish and maintain a list of approved helmets meeting the standards and specifications of the Judge. No dealer or person who leases or rents motorcycles shall lease or rent a motorcycle unless the lessee or renter shows such person a valid operator's license or permit and possesses the safety equipment required of the operator of such motorcycle. No person shall carry any passenger on any motorcycle, unless the passenger is wearing a securely fastened safety helmet, as specified above, meeting the standards specified by the Judge.
(2) Failure to wear a safety helmet as required in this section shall not constitute contributory negligence.
(3) Any person violating the provisions of this section is guilty of a violation.