San Carlos Apache Traffic Code Section 9 continued
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
D. A monitor vehicle may be equipped with not to exceed two auxiliary driving lamps mounted on the front at a height not less than sixteen inches nor more
than forty-two inches above the level surface upon which the vehicle stands and every auxiliary driving lamp shall meet the requirements and limitations set
forth in Section 9.09 through 9.55.
Sec. 9.27 Signal Lamps and Signal Devices
A. A motor vehicle may be equipped and when required under this chapter shall be equipped with the following signal lamps or devices:
1. A stop lamp on the rear which shall emit a red or yellow light and which shall be actuated upon application of the service or foot brake and which may but
need not be incorporated with a tail lamp.
2 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.
B. A stop lamp shall be plainly visible and understandable from a distance of one hundred feet to the rear both during normal sunlight and at nighttime and a
signal lamp or lamps indicating intention to turn shall be visible and understandable during daytime and nighttime from a distance of one hundred feet both to
the front and rear. When a vehicle is equipped with a stop lamp or other signal lamps, such lamp or lamps shall at all times be maintained in good working
condition. No stop lamp or signal shall project a glaring or dazzling light.
C. All mechanical signal devices shall be self-illuminated when in use at the times mentioned in Section 9.10.
Sec. 9.28 Additional lighting Equipment
A. A motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.
B. A motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof which shall emit a white or amber light
without glare.
C. A motor vehicle may be equipped with not more than two back-up lamps either separately or in combination with other lamps, but a back-up lamp shall
not be lighted when the motor is in forward motion.
Sec. 9.29 Multiple-beam Road lighting Equipment
Except as provided in this article, the head lamps or the auxiliary driving lamp, or the auxiliary passing lamp, or combinations thereof, shall be so arranged
that selection may be made between the following requirements and 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 three hundred fifty 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 one hundred feet ahead and 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, registered in this state, which has 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. Such 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.
4. No person may operate a motor vehicle with any colored transparent or translucent substance or material installed, affixed, or applied on or in front of the
head lamps, driving lamp or passing lamp which would obstruct, reduce or interfere with the visibility or effectiveness of the head lamps or change the color
of light emitted. This paragraph does not prohibit the placement of dear transparent material mounted in front of the head lamps, fog lamps or auxiliary
driving lamps
.
Sec. 9.30 Single-beam Road-lighting Equipment
Head lamps arranged to provide a single distribution of light shall be permitted on motor vehicles manufactured and sold prior to January I, 1951, in lieu of
multiple-beam road lighting equipment specified in article 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 twenty-five feet
ahead project higher than a level of five inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two inches
above the
level on which the vehicle stands at a distance of seventy-five feet ahead.
2. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least, two hundred feet.
Sec. 9.31 lighting Equipment on Motor-Driven Cycles
The head lamp or head lamps upon every motor-driven cycle may be of the signal-beam or multiple-beam type, but in either event, shall comply with the
requirements and limitations as follows:
1. Every head lamp or head lamps on a motor-driven cycle shall be of sufficient intensity to reveal a person or a vehicle at a distance of not less than one
hundred feet when the motor-driven cycle is operated at any speed less than twenty five miles per hour and at a distance of not less than two hundred feet
when the motor-driven cycle is operated at a speed of twenty-five or more miles per hour, and the motor-driven cycle shall be subject to the speed limitations
in Section 7.01.
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 in paragraph I of this section and shall not exceed the limitations set forth in paragraph 1 of Section 9.29 and the lower most beam shall meet the
requirements applicable to a lower most distribution of light as set forth in paragraph 2 of Section
9.29.
3. In the event the motor-driven cycle is equipped with a single-beam lamp or lamps, the 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 twenty-five feet ahead, shall project higher than the level of the center of the lamp from which it comes.
Sec. 9.32 Alternative Road-lighting Equipment
Any motor vehicle may be operated under the conditions specified in Section 9.10 when equipped with two lighted lamps upon the front thereof capable of
revealing persons and objects seventy-five feet from ahead in lieu of lamps required in Section 9.29 or Section 9.31, provided, however, that at no time shall it
be operated at a speed in excess of twenty-miles per hour.
Sec. 9.33 Number of Driving Lamps Required or Permitted
A. At all times specified in Section 9.10 at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a
motorcycle or motor-driven cycle, except when the vehicle is parked subject to the regulations governing lights on parked vehicles.
B. When a motor vehicle equipped with head lamps as required by this code is also equipped with any auxiliary lamps or a spot lamp or any other lamp on
the front thereof projecting a beam of intensity greater than three hundred candle power, not more than a total of four of any such lamps on the front vehicle
shall be lighted at anyone time when upon a highway.
Sec. 9.34 Special Restrictions on Lamps
A. Any lighted lamp or illuminating device upon a motor vehicle other than head lamps, spot lamps, auxiliary lamps or flashing front-direction signals which
projects a beam of light of an intensity greater than three hundred candle power shall be so directed that no part of the beam will strike the level of the
roadway on which the vehicle stands at a distance of more than seventy-five feet from the vehicle.
B. A person shall not drive or move any vehicle or equipment upon any highway with any lamp or device thereon capable of displaying a red or red and blue
light on lens visible from directly in front of the center thereof. Lights visible from the front of any vehicle shall be amber or white. This section does not
apply to any authorized emergency vehicle or any vehicle upon which a red or red and blue light or lens visible from the front is expressly authorized or
required.
C. Except as provided in Subsection D or E of this section, flashing lights on motor vehicles are prohibited except on authorized emergency vehicles, school
buses, snow removal equipment, as warning lights on disabled or parked vehicles or on any vehicles as a means for indicating a right or left turn.
D. A vehicle may be equipped with lamps which may be used for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic
hazard requiring the exercise of unusual care in approaching, overtaking or passing, and when so equipped, may display such warning in addition to any other
warning signals required by this code. The lamps used to display such warning to the front shall be mounted at the same level and as widely spaced laterally
as practicable, and shall display simultaneously, flashing white or amber lights, or any shades of color between white and amber. The lamps use to display
such warning to the rear shall be mounted at the same level and as widely spaced laterally as practicable, and shall show simultaneously flashing amber or red
lights, or any shade of color between amber and red. These warning lights shall be visible from a distance of not less than fifteen hundred feet under normal
atmospheric conditions at night,
E. A person may equip a motorcycle with a means of modulating the intensity of a head lamp beam between the higher and lower brightness at a rate of two
hundred to two hundred eighty cycles per minute. A person shall not modulate such head lamp beams during the hours of darkness as prescribed in Section
9.10.
Sec.9.35 Standards for lights on Snow Removal Equipment
A. The Tribe shall adopt standards and specifications applicable to head lamps, clearance lamps, identification and other lamps on snow removal equipment
when operated on the highways of this reservation in lieu of the lamps otherwise required on motor vehicles by this code. Such standards and specifications
may permit the use of flashing lights for purposes of identification on snow removal equipment when in service upon the highways.
B. A person shall not operate any snow removal equipment on any highway unless the lamps thereon comply with and are lighted when and as required by
the standards and specifications adopted as provided in this section.
Sec.9.36 Brakes
A. The following brake equipment is required:
1. Every motor vehicle, other than a 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 the vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the
brakes to at least two wheels. If these two separate means of applying the brakes are connected
in any way, they shall be so constructed that failure of anyone part of the operating mechanism shall not leave the motor vehicle without brakes on at least
two wheels.
2. Every motorcycle and every motor-driven cycle, when operated upon a highway, shall be equipped with at least one brake which may be operated by hand
or foot.
3. Every trailer or semi-trailer of a gross weight of three thousand pounds or more when operated upon a highway shall be equipped with brakes adequate to
control the movement of and to stop and to hold the vehicle and so designed as to either be applied by the driver of the towing motor vehicle from its cab, or
be of a type which will operate automatically when the service brakes of the towing vehicle are applied, and the brakes shall be so designed and connected
that in case of an accidental break-away of the towed vehicle, the brakes shall be automatically applied except that brakes shall not be required on all wheels
of a truck being towed as a semi-trailer which is being towed in a drive-away, tow-away operation, if the
combination of vehicles is capable of complying with all tribal and federal brake performance requirements. Only such brakes on the vehicle being towed need
be operative as may be necessary to insure compliance with such performance requirements.
4. Every new motor vehicle trailer or semi-trailer operated on this reservation and operated upon the highways shall be equipped with service brakes upon all
wheels of every vehicle, except any motorcycle or motor-driven cycle, and except that any semi-trailer or trailer less than three thousand pounds gross weight
need not be equipped with thousand pounds gross weight may have brakes only on all wheels of one axle and except that three axle truck tractors need only
be equipped with brakes on all wheels of the two rear axles.
5. In any combination of motor-driven vehicles, means shall be provided for applying the rear-most trailer brakes, of any trailer equipped with brakes, in
approximate synchronism with the brakes on the towing vehicle and developing the required braking effort on the rear-most wheels at the fastest rate, or
means shall be provided for applying braking effort first on the rear-most trailer equipped with brakes. Both of the above means capable of being used
alternately may be employed.
6. Every motor vehicle and combination of vehicles operated or sold in this reservation, except motorcycles and motor-driven cycles shall be equipped with
parking brakes adequate to hold the vehicle on any grade on which it is operated, under all conditions of loading on a surface free from snow, ice, or loose
material. The parking brakes shall be capable of being applied in conformance with the fore going requirements by the driver's muscular effort or by spring
action or by equivalent means. Their operation may be assisted by the service brakes or other source of power, providing that failure of the service brake
actuation system or other power assisting mechanism will not prevent the parking brakes from being applied in conformance with the foregoing requirements.
The parking brakes shall be so designed that when once applied they shall remain applied with the required effectiveness despite exhaustion of any source of
energy or leakage of any kind. The same brake drums, brake shoes and lining assemblies, brake shoe anchors and mechanical brake shoe actuation mechanism
normally associated with the wheel
brake assemblies may be used for both the service brakes and the parking brakes. If the means of applying the parking brakes and the service brakes are
connected in any way, they shall be so constructed that failure of anyone part shall not leave the vehicle without operative brakes.
7. 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.
8. 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 a dry,
smooth, level road free from loose material, upon application of the service or foot brake, within the distances specified below, or shall be capable of being
decelerated at a sustained rate corresponding to these distances:
feet to stop deceleration
from 20 miles in feet
per hour per second
vehicles or combinations of vehicles
having brakes on all wheels 30 14
vehicles or combinations of vehicles
not having brakes on all wheels 40 10.7
B. 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.9.37 Brakes on Motor-Driven Cycles
A. The Tribe is authorized to require an inspection of the brakes on any motor-driven cycle and to disapprove a brake which will not comply with the
performance ability standard set forth in Section 9.36 or which is not so designed or constructed as to insure reasonable and reliable performance in actual use.
B. The Tribe may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when he determines that the brake
thereon does not comply with the provisions of this section.
C. No person shall operate on any highway any vehicle referred to in this section in the event the Tribe has disapproved the brake equipment upon the
vehicle or type of vehicle.
Sec.9.38 Horns and Warning Devices
A. Every motor vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting a sound audible under
normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a
whistle. The driver of a motor vehicle shall when reasonably necessary to insurer safe operation give audible warning with his horn but shall not otherwise
use the horn when upon a highway.
B. No vehicle shall be equipped with nor shall any person use upon a vehicle any siren, whistle or bell, except as otherwise permitted in this section.
C. It is permissible but not required that any vehicle be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as
an ordinary warning signal.
D. Any authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a
distance of not less than five hundred feet and of a type approved by the Tribe, but the siren shall not be used except when the vehicle is operated in
response to an
emergency call or in the immediate pursuit of an actual or suspected violator of the law or when necessary to serve a civil traffic complaint, in which latter
events the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of the approach thereof.
Sec.9.39 Mufflers; Prevention of Noise and Air Pollution
A. 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 highway.
B. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.
C. Beginning with motor vehicles and motor vehicle engines of the 1968 model year, motor vehicles and motor vehicle engines shall be equipped with
emissions control devices that meet the standards established by the Tribe.
Sec.9.40 Mirrors
Every motor vehicle which is so constructed or loaded as to obstruct the driver's view to the rear thereof from the driver's position 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 two hundred feet to the rear of the vehicle.
Sec. 9.41 Wipers on Windshields Required; Exception
A. 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.
B. Every windshield wiper upon a motor vehicle shall be maintained in good working order.
C. The provisions of this section do not apply to golf carts.
Sec. 9.42 Windshields Required
Every passenger vehicle, other than a motorcycle and golf cart, and every motor truck or truck tractor, except fire trucks, fire engines or other fire apparatus,
whether publicly or privately owned, shall be equipped with an adequate windshield. This section shall not apply to implements of husbandry or antique,
classic or horseless carriage automobiles when not originally equipped with a windshield.
Sec. 9.43 Restrictions as to Tire Equipment
A. Every solid rubber tire on a vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.
B. No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberance of any material other
than rubber which projects beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having
protuberances which will not injure the highway, and except also that it shall be permissible to use tire chains of reasonable proportions upon any vehicle
when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
C. The Tribe may in its discretion issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with
transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would
otherwise be prohibited under this code.
Sec. 9.44 Rear Fender Splash Guards
A. A person shall not operate a truck trailer, semi-trailer or bus upon the highways of this reservation unless such vehicle is equipped with rear fender splash
guards which comply with the specifications provided in this section. The splash guards shall be so attached as to prevent the splashing of mud or water
upon the windshield of other motor vehicles and shall extend to a length which shall end more
than eight inches from the ground.
B. The splash guards shall be wide enough to cover the full tread or treads of the tires being protected and shall be installed close enough to the tread surface
of the tire or wheel as to control the side-throw of the bulk of the thrown road surface material.
C. The splash guards may be constructed of a flexible rubberized material, and shall be attached in such a manner that, regardless of movement, either in such
splash guards or the vehicle, such splash guards will retain their general parallel relationship to the tread surface of the tire or wheel under all ordinary
operating conditions.
D. This section does not apply to:
1. Vehicles commonly known as pick-up trucks with a manufacturer's rating of three-quarter tons or less, except that this section applies if such a pick-up
truck has been modified from the original bumper height design to raise the center of gravity of the pick-up truck.
2. Truck tractors or converter dollies when used in combination with other vehicles.
Sec.9.45 Safety Glass in Motor Vehicles; Definition
A. No person may sell any new motor vehicle as specified in this section, nor shall any new motor vehicle as specified in this section be registered unless the
vehicle is equipped with safety glass of a type approved by the Tribe wherever glass is used in doors, windows and windshields. This section applies to all
passenger-type motor vehicles, other than golf carts, including passenger buses and school requirements as to safety glass apply to all glass used in doors,
windows and windshields in the driver's compartments of the vehicles.
B. "Safety glass" means any product composed of glass, so manufactured, fabricated or treated as substantially to prevent shattering and flying of the glass
when struck or broken, or such other similar product as may be approved by the Tribe.
C. The Tribe shall compile and publish a list of types of glass by name approved by them as meeting the requirements of this section, and the Tribe shall not
register any new motor vehicle unless it is equipped with an approved type of safety glass. The Tribe shall suspend the registration of any motor vehicle
subject to this section which the Tribe finds is not so equipped until it is made to conform to the requirements of this section.
D. A person shall not replace any glass or glazing materials used in partitions, doors, windows, windshields or wind deflectors in any motor vehicle with any
material other than safety glass of a type approved by the director.
Sec. 9.46 Materials on Windows or Windshield; Requirements; Violation; Definitions
A. In this section, unless the context otherwise requires:
1. "Light Transmission" means the ration of the amount of total light, expressed in percentages, which is allowed to pass through the product or material
including the glazing to the amount of total light falling on the product or material and the glazing.
2. "Luminous Reflectance" means the ratio of the amount of total light expressed in percentages, which is reflected outward by the product or material to the
amount of total light falling on the product or material.
3. "Manufacturer" means either:
(a) A person who engages in the manufacturing or assembling of sun screening products or materials designed to be used in conjunction with vehicle glazing
materials or
(b) A person who fabricates, laminates or tempers the glazing material incorporating the capacity to reflect or to reduce the transmittance of light during the
manufacturing process.
B. A person shall not operate a motor vehicle with any object or material placed, displayed, installed, affixed or applied upon the windshield or side or rear
windows, or with any object or material so placed, displayed, installed. affixed or applied in or' upon the motor vehicle, so as to obstruct or reduce a driver's
clear view through the windshield or side or rear windows, except as provided by this section.
C. A person shall not place, install, affix or apply any transparent material upon the windshield or side or rear windows of any motor vehicle if such material
alters the color or reduces the light transmittance of such windshield or side or ear windows except as provided in this section.
D. This section does not apply to:
1. Front side wing vents and windows that have a substance or material in conjunction with glazing materials that have a light transmission of thirty-three
percent plus or minus three per cent and a luminous reflectance of thirty-five per cent plus or minus three per cent. Front side wing vents and windows that
have a substance or material not attached in conjunction with glazing material which is used by a vehicle
operator on a moving vehicle during daylight hours as provided in Section 9.10.
3. Rearview mirrors.
4. Adjustable non-transparent sun visors which are mounted forward of the side windows and are not attached to the glass.
5. Signs, stickers or other materials which are displayed in a seven inch square in the lower corner of the windshield farthest removed from the driver or signs,
stickers or other materials which are displayed in a 5 inch square in the lower corner of the windshield nearest the driver.
6. Side windows which are to the rear of the driver and rear windows that have a substance or material in conjunction with glazing material that has a
luminous reflectance of thirty-five per cent plus or minus three per cent or less.
7. Direction, destination or termination signs upon a passenger common carrier motor vehicle, if the signs do not interfere with the driver's view of
approaching traffic.
8. Rear window wiper motors.
9. Rear truck lid handle or hinges.
10. The rear window or windows if the motor vehicle is equipped with outside mirrors on both left and right hand sides of the vehicle that are so located as to
reflect to the driver a view of the highway through each mirror for a distance of at least two hundred feet to the rear of the motor vehicle.
11. Transparent material which is installed, affixed or applied to the topmost portion of the windshield if:
(a) The bottom edge of the material is at least twenty-nine inches above the undepressed driver's seat when measured from a point five inches in front of the
bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface.
(b) The material is not red or amber in color.
E. Each manufacturer shall certify to the director that the product or material he manufactures or assembles is in compliance with the reflectivity and
transmittance requirements of this section.
F. This section does not permit or prohibit the use and placement of federal, state or local certificates on any window as are required or prohibited by
applicable laws.
G. A person who sells or installs objects or materials under this section shall set forth, in a conspicuous manner, that the installation of such object or
material to the side driver or passenger window may be illegal in some states.
H. The driver may, upon application from a person require for medical reasons to be shielded from the direct rays of the sun, supported by written
attestation of such fact from a licensed physician, issue an exemption from the provisions of this section for a motor vehicle belonging to such person or in
which
such person is a habitual passenger. Any person may operate a vehicle or alter the color or reduce the light transmitted through the side or rear windows of a
vehicle in accordance with an exemption issued by the Tribe.
Sec. 9.47 Certain Vehicles to Carry Flares or other Warning Devices
A. No person shall operate any motor truck, passenger bus or truck tractor upon any highway at any time from a half hour after sunset to a half hour before
sunrise unless there shall be carried in the vehicle the following equipment except as provided in subsection b:
1. At least three flares or three red electric lanterns each of which shall be capable of being seen and distinguished at a distance of five hundred feet under
normal atmospheric conditions at nighttime. Every such flare shall be substantially constructed so as to withstand reasonable shocks without leaking. Every
such flare shall be carried in the vehicle in a metal rack or box: Every such red electric lantern shall be capable of operating continuously for not less than
twelve hours and shall be substantially constructed so as to withstand reasonable shock without breakage.
2. At least three red-burning fuses unless red electric lanterns are carried. Every fuse shall be made in accordance with specifications of the Bureau of
Explosives, 30 Veset St., New York, New York, and so marked and shall be capable of burning at least fifteen minutes.
3. At least two red cloth flags, not less than twelve inches square, with standards to support same.
B. No person shall operate at the time and under the conditions stated in Subsection A any motor vehicle used in the transportation of flammable liquids in
bulk, or transporting compressed flammable gases, unless there shall be carried in the vehicle three red electric lanterns meeting the requirements stated in
subsection a, and there shall not be carried in such vehicle any flares, fuses or signal produced by a flame.
C. As an alternative it shall be deemed a compliance with this section if a person operating any motor vehicle described in this section shall carry in the
vehicle three portable reflector units or standards of a type approved by the Tribe. No portable reflector unit shall be approved unless it is 50 designed and
constructed to meet the requirements of Title 49, Code of Federal Regulations, Part 571.125.
Sec. 9.48 Display of Warning Devices when Vehicle Disabled
A. When any motor truck, passenger bus, truck tractor, trailer, semitrailer, or pole trailer is disabled upon the traveled portion of any highway or the shoulder
at any time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning device upon the highway during the
time the vehicle is so disabled on the highway except as provided in subsection b of this section:
1. A lighted fuse shall be immediately placed on the roadway at the traffic side of the motor vehicle unless electric lanterns are displayed.
2. Within the burning period of the fuses and as promptly as possible, three flares or three electric lanterns shall be placed on the roadway as follows:
(a) One at a distance of approximately one hundred feet in advance of the vehicle, and one at a distance of approximately one hundred feet to the rear of the
vehicle, each in the center of the lane or traffic occupied by the disabled vehicle.
( b) One at the traffic side of the vehicle approximately ten feet rearward or forward thereof.
B. When any vehicle used in the transportation of flammable liquids in bulk, or transporting compressed flammable gases is disabled upon a highway at any
time or place mentioned in subsection a of this section, the driver of the vehicle shall display upon the roadway the following lighted warning devices:
1. One red electric lantern shall be immediately placed on the roadway at the traffic side of the vehicle.
2. Two other red electric lanterns shall be placed to the front and rear of the vehicle in the same manner prescribed for flares in subsection a of this section.
"
C. When a vehicle of a type specified in subsection b of this section is disabled, the use of flares, fuses or any signal produced by flame as warning signals is
prohibited.
D. When any vehicle of a type referred to in this section is disabled upon the traveled portion of a highway or the shoulder thereof at any time when the
display of fuses, flares or electric lanterns is not required, the driver of the vehicle shall display two red flags upon the roadway in the lane of traffic occupied
by the
disabled vehicle, one at a distance of approximately one hundred feet in advance of the vehicle, and one at a distance of approximately one hundred feet to the
rear of the vehicle.
E. In the alternative, it shall be deemed a compliance with this section in the event three portable reflector units on standards of a type approved by the Tribe
are displayed at the times and under the conditions specified in this section either during the daytime or at nighttime, and the portable reflector units shall be
placed on the roadway in the locations as described with reference to the placing of electric lanterns or lighted flares.
F. The flares, fuses, lanterns and flags to be displayed as required in this section shall conform with the requirements of Section 9.47 applicable thereto.
Sec.9.49 Vehicles Transporting Explosives
A. Any person operating any vehicle transporting any explosive as a cargo or a part of a cargo up[on a highway shall at all times comply with the following
provisions:
1. The vehicle shall be marked or have a placard on each side and on the rear with the word "Explosives" in letters not less than eight inches high, or there
shall be displayed on the rear of the vehicle a red flag not less than twenty-four inches square marked with the word "Danger" in white letters six inches high.
2. Every such vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use, and placed at a convenient point on the
vehicle so used.
B. The Tribe is authorized and directed to promulgate such additional regulations governing the transportation governing the transportation of explosives and
other dangerous articles by vehicles upon the highways as the Tribe deems advisable for the protection of the public.
Sec. 9.50 Television Installations
No person shall drive any motor vehicle equipped with any television viewer, screen or other means of visually receiving a television broadcast which is
located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible, directly or indirectly, to the driver while operating the
motor vehicle.
Sec. 9.51 Motorcycles and Motor-Driven Cycles; Required Equipment; Exception
A. Any operator or passenger of a motorcycle or motor-driven cycle who is under eighteen years of age shall at all times, while operating or riding on such
motorcycle or motor-driven cycle, wear a protective helmet on his head in an appropriate manner safely secured. Any operator of a motorcycle or motor
driven
cycle shall at all times wear protective glasses, goggles or a transparent face shield of a type approved by the Tribe unless the motorcycle of the motor-driven
cycle is equipped with a protective windshield. The provisions of this subsection shall not apply to electrically powered three wheeled vehicles or three
wheeled vehicles on which the operator and passenger ride within an enclosed cab.
B. A motorcycle and motor-driven cycle shall be equipped with a rear view mirror, sets and footrests for the operator. Any motorcycle or motor-driven cycle
operated with a passenger shall be equipped with sets, footrests, and handrails for such passenger.
C. Handlebars rising more than fifteen inches above the level of the driver's seat or saddle on a motorcycle or motor-driven cycle are prohibited.
Sec.9.52 Vehicles without Required Equipment or in Unsafe Condition
No person shall drive or move on any highway any motor vehicle, tow truck, trailer, semi-trailer or pole trailer, or any combination thereof unless the
equipment upon any and every such vehicle is in good working order and adjustment as required in this code and the vehicle is in safe mechanical condition as
not to endanger the driver or other occupant or any person upon the highway.
Sec.9.53 Inspection by Officers of the Tribe or by Police Officers
A. Any tribal police or peace officer, may at any time upon reasonable cause to believe that a vehicle is unsafe or not equipped as required by law, or that its
equipment is not in proper adjustment or repair, require the driver of the vehicle to stop and submit the vehicle to an inspection and such test with reference
thereto as may be appropriate.
B. In the event the vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the
officer shall give a written notice to the driver. The original of the notice shall be retained by his department. The notice shall require that the vehicle be placed
in safe condition and its equipment in proper repair and adjustment specifying the particulars with reference thereto and that a certificate of correction or
adjustment of illegal or faulty equipment must be obtained within five days.
C. The tribe shall prescribe the form of the notice which shall be utilized by those authorized to conduct such inspections.
Sec.9.54 Owners and Drivers to Comply with Inspection laws
A. No person driving a vehicle shall refuse to submit the vehicle to an inspection and test when required to do so by the Tribe, or an authorized officer or
employee of the Tribe, or any police or peace officer.
B. Every owner or driver, upon receiving a notice as provided in Section 9.53, shall comply therewith and shall within five days secure the certification of
adjustment provided on the notice. When the certification is completed the notice shall be forwarded to the issuing department. In lieu of compliance with this
subsection, the vehicle shall not be operated, except as provided in Subsection C of this section.
C. No person shall operate any vehicle after receiving a notice with reference thereto as provided in subsection b of this section, except as may be necessary
to return the vehicle to the residence or place of business of the owner or driver, if within a distance of twenty miles, or to a garage, until the vehicle and its
equipment has been placed in proper repair and adjustment and otherwise made to conform to the requirements of this chapter.
D. In the event repair or adjustment of any vehicle or its equipment is found necessary upon inspection, the owner of the vehicle may obtain the repair or
adjustment at any place he may choose, but in every event, the certification of adjustment must be obtained, otherwise the vehicle shall not be operated upon
the highways of this reservation.
Sec. 9.55 Annual Inspection Required of School Buses
A. Each school bus registered in this reservation shall be inspected at least annually, and an official certificate of inspection and approval shall be obtained at
least annually for each such vehicle in accordance with provisions of this section. Such inspection shall be made and such certificates obtained with respect to
the requirements for school buses as prescribed by law, and by regulations adopted by
the Tribe as provided in Section 9.00. Inspection of school buses shall be made when such bus is initially registered in this reservation. The superintendent of
the school district shall have all school buses that are registered by the district inspected in accordance with the provisions of this section. If a school bus is
privately owned, the owner thereof shall have such bus inspected in accordance with the provisions of
this section.
B. The Tribe shall, within sixty days after the effective date of this section, adopt and enforce rules and regulations not inconsistent with this section to
provide for a minimum of one inspection annually.
Return to beginning of Section 9 Return to San Carlos Apache Traffic Code Table of Contents