San Carlos Apache Traffic Code Section One
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Sec. 1.01 Short Title
This code may be cited as the San Carlos Apache Tribal Motor Vehicle Code.
Sec. 1.02 Definitions
In this chapter, unless the context otherwise requires:
1. "Authorized Emergency Vehicle" means vehicles of the fire department, police vehicles and such ambulances and emergency vehicles of municipal
departments or public service corporations as are designated or authorized by the department or local authorities.
2. "Controlled-Access Highway" means a highway, street or roadway in respect to which owners or occupants of abutting lands or other persons
have no legal right of access to or from except at such points only and in the manner determined by the public authority having jurisdiction over the
highway, street or roadway.
3. "Crosswalk" means:
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway
measured from the curbs or, in absence of curbs, from the edges of the traversal roadway.
(b) Any portion of a roadway at any intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
4. "Custodian" means to describe anyone who has charge or custody of property, papers, etc.
5. "Gross Weight" means the weight of a vehicle without load plus the weight of any load thereon.
6. "Indigent" means one who is needy and poor, or one who has not sufficient property to furnish him a living nor anyone able to support him to
whom he is entitled to look for support. Term commonly used to refer to one's financial ability, and ordinarily indicates one who is destitute of
means of comfortable subsistence so as to be in want.
7. "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines or if none, then the lateral boundary lines of
the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different
highways joining at any other angle may come in conflict. Where a highway includes two roadways thirty or more feet apart, then every crossing of
each roadway of such as a separate intersection. In the event the intersecting highway also includes two roadways thirty or more feet apart, then
every crossing of two roadways of the highways shall be regarded as a separate intersection.
8. "Laned Roadway" means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.
9. "License" means any license, temporary instruction permit or temporary license issued under the laws of this Tribe or any other state pertaining
to the licensing of persons to operate motor vehicles.
10. "Motorcycle" means a motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor and excluding pedal bicycles with help motors.
11. "Motor-Driven Cycle" means a motor cycle, including every motor scooter, with a motor which produces not to exceed five horsepower.
12. "Motor Vehicle" means any self-propelled vehicle, but for the purposes of the laws relating to the imposition of a tax upon motor vehicle fuel
the term means any vehicle operated upon the highways of this reservation which is propelled by the use of motor vehicle fuel.
13. "Official traffic-control devices" means all signs, signals, markings and devices not inconsistent with this chapter placed or erected by authority
of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
14. "Operator" means a person, other than a chauffeur, who drives or is in actual physical control over a motor vehicle upon a highway or who is
exercising control over or steering a vehicle being towed by a motor vehicle.
15. "Owner" means a person who holds the legal title of a vehicle or, if a vehicle is the subject of an agreement for the conditional sale or lease thereof
with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the
conditional Vendee or Lessee, the conditional Vendee or Lessee, or, if a mortgagor of a vehicle is entitled to possession, the mortgagor.
16. "Park", when prohibited, means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while
actually engaged in loading or unloading.
17. "Pedal bicycle with helper motor" means every bicycle equipped with a helper motor, if such vehicle has a maximum piston displacement of fifty
cubic centimeters or less, a brake horsepower of one and one-half or less, and a maximum speed of twenty-five miles per hour or less on a flat surface
with less than a one percent grade.
18. "Pedestrian" means any person afoot.
19. "Person" means every natural person, firm, co-partnership, association or corporation.
20. "Pneumatic tire" means every tire in which compressed air is designed to support the load.
21. "Pole trailer" means a vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a
reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads as
poles, pipes or structural
members capable, generally, of sustaining themselves as beams between the supporting connection.
22. "Public transit" or "mass transit" means the transportation of passengers on scheduled routes by means of a conveyance on an individual
passenger fare paying basis, excluding transportation by a sight-seeing buys, school bus, taxi or any vehicle not operated on a scheduled route basis.
23. "Police Officer" means an officer authorized to direct or regulate traffic or make arrests for violations of traffic regulations and includes Tribal
Game & Fish Officers or any other individual deputized by the Tribal Police or Tribal Court to enforce this code.
24. "Private Road or Driveway" means a way or place in private ownership and used for vehicular travel by the owner and those having express or
implied permission from the owner, but not by other persons.
25. "Railroad" means a carrier of persons or property upon cars operated upon stationary rails.
26. "Railroad Sign or Signal" means a sign, signal or device erected by authority of a public body or official or by a railroad and intended to give
notice of the presence of railroad tracks or the approach of a railroad train.
27. "Railroad Train" means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.
28. "Reservation" means the San Carlos Apache Indian Reservation of the San Carlos Apache Tribe, Arizona.
29. "Residence district" means the territory contiguous to and including a highway not comprising a business district when the property on the
highway for a distance of three hundred feet or more is in the main improved with residences or residences and buildings in use for business.
30. "Right-of-way" when used within the context of the movement of traffic on a highway means the
privilege of the immediate use of the highway. Right-of-way when in context of the real property upon which transportation facilities thereto are
constructed or maintained means the lands or interest right-of-way boundaries.
31. "Roadway" means that portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the turn or shoulder. If a
highway includes two or more separate roadways, the word "roadway" as used in this chapter shall refer to any such roadway separately but not to
all such roadways collectively.
32. "Safety Zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so
marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
33. "School bus" means a bus owned by a public or governmental agency or other institution, and operated for the transportation of children to or
from home or school on a regularly scheduled basis or privately-owned and operated for compensation for the transportation for children to or from
home or school on a regularly scheduled basis.
34. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for
the use of pedestrians.
35. "Semi-trailer" means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
36. "Stop", when required, means complete cessation from movement.
37. "Stop, stopping or standing", if prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to
avoid conflict with other traffic or in compliance with directions of a police officer or traffic-control sign or signal.
38. "Through highway" means a highway or portion of a highway at the entrances to which vehicular traffic from intersecting highways is required
by law to stop before entering or crossing and when stop signs are erected as provided in this chapter.
39. "Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any public roadway
for purposes of travel.
40. "Traffic-control signal" means a device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop
and to proceed.
41. "Trailer" means a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn
by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. A semi-trailer equipped with an auxiliary front axle
commonly known as a dolly, shall be deemed to be a trailer.
42. "Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property.
Sec. 1.03 Obedience to Police Officers
No person shall willfully fail to refuse to comply with any lawful order or direction of any tribal police officer invested with authority to direct,
control or regulate traffic. A person who fails to act as provided by this section is guilty of a misdemeanor and can be filled up to $180.00 and can
receive a jail sentence not to
exceed up to 180 days.
Sec. 1.04 Unlawful Flight from Pursuing Law Enforcement Vehicle
Any driver of a motor vehicle who willfully flees or attempts to elude a pursuing official law enforcement vehicle which displays at least one lighted
red lamp visible in normal atmospheric conditions at a distance of 500 feet from the front of the vehicle and sounds an audible signal by siren, is
guilty of violation of this Code.
Sec. 105 Authorized Emergency Vehicles
A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of
the law, or when responding to, but not returning from, a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions
stated in this section.
B. The driver of an authorized emergency vehicle may while operating at least one lighted lamp displaying 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.
1. Park or stand, irrespective of the provisions of this chapter.
2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
3. Exceed the prima facie speed limits so long as he does not endanger life or property.
4. Disregard regulations governing direction of movement or turning in specified directions.
C. The exemptions granted by this section 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 may be reasonably necessary and when the vehicle is equipped with at least one lighted lamp
displaying 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, except that an authorized
emergency vehicle operated as a police vehicle need not be equipped with or display a red or red and blue light or lens visible from in front of the
vehicle.
D. The provisions do not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons
nor do these provisions protect the driver from the consequences of his reckless disregard for the safety of others.