San Carlos Apache Traffic Code Section 6
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Sec. 6.01 Drive on Right Side of Roadway: Overtaking and Passing: Exceptions
A. Upon all roadway of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.
2. When the right half of a roadway is closed to traffic while under construction or repair.
3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon.
4. Upon a roadway designated and sign posted for one-way traffic.
B. 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 lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and
passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
Sec. 6.02 Vehicle Turning Left at Intersection
The driver of a vehicle within an intersection intending to turn to the 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.
Sec. 6.03 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 any pedestrian as may be necessary
to avoid collision, and shall upon entering the roadway, yield the right-of-way to all closely approaching vehicles on the highway.
Sec. 6.04 Operation of Vehicles on Approach of Authorized Emergency Vehicles
A. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a red or red and blue light or lens
visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, other than a police vehicle when operated as an
authorized
emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell.
1. The driver of every 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
edge or curb of the roadway clear of any intersection shall stop and remain in that position until the authorized emergency vehicle has passed, except when
otherwise
directed by a police officer.
2. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five
hundred feet or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
B. This section does not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons
using the highway.
Sec. 6.05 Funeral Procession Right-of-way; Funeral Escort Vehicles: lighted Headlights and Removable Emblem: Definition
A. Pedestrians and the operators of all vehicles, except emergency vehicles, shall yield the right-of-way to each vehicle which is a part of a funeral
procession being led by a funeral escort vehicle. The driver of the funeral escort vehicle may direct the drivers of other vehicles in the procession to proceed
through any intersection or to make turns or other movements and such other vehicles may continue to follow and make such turns as other movements as
are made by or as directed by the driver of the funeral escort vehicle notwithstanding any traffic control device prescribed by statute or local ordinance,
except that such operator
shall not exceed the posted speed limit and shall exercise reasonable and prudent care to avoid colliding with any other vehicle or pedestrian upon the
roadway. Each vehicle in a funeral procession shall have its headlights lighted. Funeral escort vehicles may exceed the speed limit by fifteen miles per hour
when overtaking processions to direct traffic at the next intersection.
B. A funeral escort vehicle shall be equipped with at least one lighted lamp exhibiting a red light visible under normal atmospheric conditions from a distance
of five hundred feet to the front of the vehicle. The Tribal Police shall register funeral escort vehicles and issue an identification sticker or plate which shall
be
affixed to such vehicle as to identify such vehicle as a funeral escort vehicle. When acting as a funeral escort, the driver of a properly equipped and registered
funeral escort vehicle shall have all of the rights and privileges of a driver of an authorized emergency vehicle proceeding to an emergency call, as provided
under Section 1.05
Sec. 6.06 Pedestrians subject to traffic regulations
Pedestrians shall be subject to traffic-control signals at intersections as provided in Section 2.20, but at all other places pedestrians shall be accorded the
privilege and shall be subject to the restrictions stated in this Code.
Sec. 6.07 Pedestrian's Right of Way in Cross Walks
A. 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 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, but 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. This provision shall not apply under the conditions stated in Subsection B of Section 6.08.
B. When any vehicle is stopped at a marked cross or walk or at any unmarked cross walk at an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
Sec. 6.08 Crossing at Other Than a Cross Walk
A. Every pedestrian crossing a roadway at any point other than within a marked cross walk or within an unmarked cross walk at an intersection shall yield
the right-of-way to all vehicles upon the roadway.
B. 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.
C. Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked cross walk.
Sec. 6.09 Drivers to Exercise Due Care
Notwithstanding the provisions of this Code, 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. 6.10 School Crossing
A. The Tribal Council, with respect to reservation highways, with the advice of the school district governing board or superintendent of schools, may mark
or cause to be marked by department or local authorities crosswalks in front of each school building or school grounds abutting thereon where children shall
be
required to cross the highway or street.
B. Additional crossings across highways not abutting on school grounds may be approved by the Tribal Council, upon application of school authorities,
with written satisfactory assurance given the Tribal Council that guards will be maintained by the school district at the crossings to enforce the proper use
of the
crossing by school children.
C. The sign manual shall provide for yellow marking of the school crossing, yellow marking of the enter line of the roadway and the erection of portable
signs indicating that vehicles must stop when persons are in the crossing. The manual shall also provide the type and wording of portable signs indicating
that school is in session, and permanent signs providing warning of approach to school crossings.
D. When such crossings are established, school authorities shall place within the highway the portable signs indicating that school is in session, placed not
to exceed three hundred feet each side of the school crossings, and "stop when children in crosswalk" signs at school crossings. School authorities shall
maintain these signs when school is in session and shall cause them to be removed immediately thereafter.
E. No vehicle approaching the crosswalk shall proceed at a speed to exceed fifteen miles per hour between the portable signs placed on the highway
indicting "school in session" and "stop when children in crosswalk".
F. When the clause "school in session" is used in this section, either referring to the period of time for signs, it means during school hours or while children
are going to or leaving school during opening or closing hours.
G. When the school authorities place and maintain the required portable "school in session" signs and "stop when children in crosswalk" signs, all vehicles
shall come to a complete stop at the school crossing when the crosswalk is occupied by any person.
H. Notwithstanding any other provision of law, a school crossing may be established on an unpaved highway or street adjacent to a school when the agency
of appropriate jurisdiction determines the need for such school crossing on the basis of a traffic study. School crossings on unpaved highways and streets
shall be marked by the use of signs as prescribed in the manual on uniform traffic control devices.
I. Notwithstanding any other law, the Tribal Council may establish a school crossing at an intersection containing a traffic control sign if the Tribal Council
determines, on the basis of a traffic study, the need for such a school crossing.
Sec. 6.11 Use of White Cane and other Ambulating or Mobility Devices
The driver of a vehicle approaching a legally blind pedestrian who is carrying a cane predominately white or metallic in color, using a guide dog or assisted
by a sighted person, shall yield the right-of-way and take reasonable precautions to avoid injury to such pedestrian., provided that such pedestrian shall
have the same rights as all other pedestrians whether or not he is carrying such cane, using such dog or being assisted by such sighted person.
Sec. 6.12 Duty When Approaching Horses and livestock
Every person operating a motor vehicle upon any public highway and approaching any horse-drawn vehicle. or any horse upon which any person is riding,
or livestock being driven upon the highway, shall exercise reasonable precaution to prevent frightening and to safeguard such animals and to insure the
safety of any person riding or driving the same. If such animals appear frightened, the person in control of such vehicle shall reduce its speed and if
requested by signal or otherwise shall not proceed further towards such animals unless necessary to avoid accident or injury until such animals appear to be
under control.
Sec. 6.13 Traffic Laws 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.
A. Upon all roadway of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement.
2. When the right half of a roadway is closed to traffic while under construction or repair.
3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon.
4. Upon a roadway designated and sign posted for one-way traffic.
B. 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 lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and
passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
Sec. 6.02 Vehicle Turning Left at Intersection
The driver of a vehicle within an intersection intending to turn to the 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.
Sec. 6.03 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 any pedestrian as may be necessary
to avoid collision, and shall upon entering the roadway, yield the right-of-way to all closely approaching vehicles on the highway.
Sec. 6.04 Operation of Vehicles on Approach of Authorized Emergency Vehicles
A. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting a red or red and blue light or lens
visible under normal atmospheric conditions from a distance of five hundred feet to the front of the vehicle, other than a police vehicle when operated as an
authorized
emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell.
1. The driver of every 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
edge or curb of the roadway clear of any intersection shall stop and remain in that position until the authorized emergency vehicle has passed, except when
otherwise
directed by a police officer.
2. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five
hundred feet or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
B. This section does not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons
using the highway.
Sec. 6.05 Funeral Procession Right-of-way; Funeral Escort Vehicles: lighted Headlights and Removable Emblem: Definition
A. Pedestrians and the operators of all vehicles, except emergency vehicles, shall yield the right-of-way to each vehicle which is a part of a funeral
procession being led by a funeral escort vehicle. The driver of the funeral escort vehicle may direct the drivers of other vehicles in the procession to proceed
through any intersection or to make turns or other movements and such other vehicles may continue to follow and make such turns as other movements as
are made by or as directed by the driver of the funeral escort vehicle notwithstanding any traffic control device prescribed by statute or local ordinance,
except that such operator
shall not exceed the posted speed limit and shall exercise reasonable and prudent care to avoid colliding with any other vehicle or pedestrian upon the
roadway. Each vehicle in a funeral procession shall have its headlights lighted. Funeral escort vehicles may exceed the speed limit by fifteen miles per hour
when overtaking processions to direct traffic at the next intersection.
B. A funeral escort vehicle shall be equipped with at least one lighted lamp exhibiting a red light visible under normal atmospheric conditions from a distance
of five hundred feet to the front of the vehicle. The Tribal Police shall register funeral escort vehicles and issue an identification sticker or plate which shall
be
affixed to such vehicle as to identify such vehicle as a funeral escort vehicle. When acting as a funeral escort, the driver of a properly equipped and registered
funeral escort vehicle shall have all of the rights and privileges of a driver of an authorized emergency vehicle proceeding to an emergency call, as provided
under Section 1.05
Sec. 6.06 Pedestrians subject to traffic regulations
Pedestrians shall be subject to traffic-control signals at intersections as provided in Section 2.20, but at all other places pedestrians shall be accorded the
privilege and shall be subject to the restrictions stated in this Code.
Sec. 6.07 Pedestrian's Right of Way in Cross Walks
A. 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 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, but 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. This provision shall not apply under the conditions stated in Subsection B of Section 6.08.
B. When any vehicle is stopped at a marked cross or walk or at any unmarked cross walk at an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
Sec. 6.08 Crossing at Other Than a Cross Walk
A. Every pedestrian crossing a roadway at any point other than within a marked cross walk or within an unmarked cross walk at an intersection shall yield
the right-of-way to all vehicles upon the roadway.
B. 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.
C. Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked cross walk.
Sec. 6.09 Drivers to Exercise Due Care
Notwithstanding the provisions of this Code, 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. 6.10 School Crossing
A. The Tribal Council, with respect to reservation highways, with the advice of the school district governing board or superintendent of schools, may mark
or cause to be marked by department or local authorities crosswalks in front of each school building or school grounds abutting thereon where children shall
be
required to cross the highway or street.
B. Additional crossings across highways not abutting on school grounds may be approved by the Tribal Council, upon application of school authorities,
with written satisfactory assurance given the Tribal Council that guards will be maintained by the school district at the crossings to enforce the proper use
of the
crossing by school children.
C. The sign manual shall provide for yellow marking of the school crossing, yellow marking of the enter line of the roadway and the erection of portable
signs indicating that vehicles must stop when persons are in the crossing. The manual shall also provide the type and wording of portable signs indicating
that school is in session, and permanent signs providing warning of approach to school crossings.
D. When such crossings are established, school authorities shall place within the highway the portable signs indicating that school is in session, placed not
to exceed three hundred feet each side of the school crossings, and "stop when children in crosswalk" signs at school crossings. School authorities shall
maintain these signs when school is in session and shall cause them to be removed immediately thereafter.
E. No vehicle approaching the crosswalk shall proceed at a speed to exceed fifteen miles per hour between the portable signs placed on the highway
indicting "school in session" and "stop when children in crosswalk".
F. When the clause "school in session" is used in this section, either referring to the period of time for signs, it means during school hours or while children
are going to or leaving school during opening or closing hours.
G. When the school authorities place and maintain the required portable "school in session" signs and "stop when children in crosswalk" signs, all vehicles
shall come to a complete stop at the school crossing when the crosswalk is occupied by any person.
H. Notwithstanding any other provision of law, a school crossing may be established on an unpaved highway or street adjacent to a school when the agency
of appropriate jurisdiction determines the need for such school crossing on the basis of a traffic study. School crossings on unpaved highways and streets
shall be marked by the use of signs as prescribed in the manual on uniform traffic control devices.
I. Notwithstanding any other law, the Tribal Council may establish a school crossing at an intersection containing a traffic control sign if the Tribal Council
determines, on the basis of a traffic study, the need for such a school crossing.
Sec. 6.11 Use of White Cane and other Ambulating or Mobility Devices
The driver of a vehicle approaching a legally blind pedestrian who is carrying a cane predominately white or metallic in color, using a guide dog or assisted
by a sighted person, shall yield the right-of-way and take reasonable precautions to avoid injury to such pedestrian., provided that such pedestrian shall
have the same rights as all other pedestrians whether or not he is carrying such cane, using such dog or being assisted by such sighted person.
Sec. 6.12 Duty When Approaching Horses and livestock
Every person operating a motor vehicle upon any public highway and approaching any horse-drawn vehicle. or any horse upon which any person is riding,
or livestock being driven upon the highway, shall exercise reasonable precaution to prevent frightening and to safeguard such animals and to insure the
safety of any person riding or driving the same. If such animals appear frightened, the person in control of such vehicle shall reduce its speed and if
requested by signal or otherwise shall not proceed further towards such animals unless necessary to avoid accident or injury until such animals appear to be
under control.
Sec. 6.13 Traffic Laws 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.