San Carlos Apache Traffic Code Section 10
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Sec.10.01 Scope and Effect of Regulations
A. It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle
or combination of vehicles which is in such unsafe condition as to endanger any person or which does not contain those parts or is not at all times
equipped with lamps and other equipment in proper condition and adjustment as required in this Code, or which is equipped in any manner in violation of
this Code, or for any person to do any act forbidden or fail to perform any act required under this Code.
B. Nothing contained in this Code shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the
provisions of this Code.
C. The provisions of this Code with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm
tractors except as made applicable by this Code.
Sec. 10.02 When Person Arrested for Misdemeanor to be given Five Days Notice to Appear in Court.
A. When a person is arrested for any violation of this Code, and the person is not immediately taken before a Tribal Court judge, the arresting officer shall
prepare in quadruplicate written notice to appear in court containing the name and address of the person, the license number of his vehicle, if any, the
offense charged and the time and place when and where the person shall appear in court.
B. The time specified in the notice to appear shall be at least five (5) business days after the arrest unless the person arrested demands an earlier hearing,
The arrested person in order to secure release as provided in this section, shall give his written promise so to appear in court by signing at least one copy
of the
written notice prepared by the arresting officer. The officer shall deliver a copy of the notice to the person promising to appear. Thereupon, the officer
shall forthwith release the person arrested from custody.
Sec. 10.03 Disposition and Records of Traffic Citations
A. Every law enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor-vehicle laws of this Code shall deposit
the original or a copy of the traffic citation with the Tribal Court.
B. Upon the deposit of the original or a copy of the traffic citation with the Tribal Court, the original or copy of the traffic citation may be disposed of
only by trial in the court or other official action by a judge of the court, including forfeiture of the bailor by the deposit of sufficient bail with or payment
of a fine to the Tribal police or other Tribal office designated by the Tribal Court, by the person to whom the traffic citation has been issued by the law
enforcement officer.
C. It is unlawful and official misconduct for any traffic enforcement officer or other officer or Tribal employee to dispose of a traffic citation or copies
thereof or of the record of the issuance of the same in a manner other than as required by this article.
D. The chief administrative officer of the Tribal Court shall require the return to him of a copy of every traffic citation issued by an officer to an alleged
violator of any traffic law and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an
alleged violator.
E. The chief administrative officer of the Tribal Court shall also maintain or cause to be maintained in connection with every traffic citation issued by an
officer a record of the disposition of the charge by the court in which the original or copy of the traffic citation was deposited.
F. The Tribal Court shall have the authority to establish a system of fines to be imposed upon any violations of any provisions of this Code adjudged
guilty the person who pleads guilt to the alleged violation or violations. The fine established by the Tribal Court shall be reasonable in light of the gravity
of the violation with due regard to all attendant circumstances existing at the time of the Violation.
G. The Tribal Court is authorized to determine which alleged violations of this Code may be disposed of by payment of a fine and which do not require
appearance in Tribal Court. Payment of any fine of an alleged violation of a provision of this Code which the Tribal Court has designated pursuant to this
subsection shall be deemed a plea of guilty to the charge.
Sec. 10.04 Illegal Cancellation of Traffic Citation; Audit of Citation Records
A. Any person who cancels any traffic citation, in any manner other than as provided in this section, is guilty of a violation of this Code.
B. Every record of traffic citations required in this Code shall be compiled monthly by the appropriate officer of the Tribe.
Sec. 10.05 Authority to Suspend or Revoke License or Require Attendance at Driver Improvement School
A. The Tribal Court is authorized to suspend the privilege of operating a motor vehicle upon highways of the reservation or to require any license to
attend and successfully complete approved training and educational sessions designated to improve the safety and habits of drivers, upon a showing by
the Tribal Court records or other sufficient evidence that the licensee:
1. Has committed an offense for which mandatory revocation of license is required upon conviction.
2. Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage.
3. Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for
traffic laws and a disregard for the safety of other persons on the highways.
4. Has been convicted of reckless driving or is an habitually reckless or negligent driver of motor vehicle.
5. Is incompetent to drive a motor vehicle.
6. Has committed or permitted any act involving an unlawful or fraudulent use of the license.
7. Has committed an offense in another state which if committed upon the reservation would be grounds for suspension or revocation.
8. Has been convicted of driving or of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.
9. Has refused to submit to breathalyzer, blood or urine tests provided by Section 4.02.
Sec.10.06 Period of Suspension or Revocation
A. The Tribal Court shall not suspend driver's privilege to drive a motor vehicle on the highways of the reservation for a period of more than one year.
Sec.10.07 Driving when Privilege Suspended or Revoked
A. Any person who drives a motor vehicle on a highway of the reservation at a time when his privilege to do so is suspended revoked, or refused by the
Tribal Court, by the State of Arizona or any other state, is guilty of a misdemeanor punishable by imprisonment for not less than ten days nor more than
six months
and in addition, a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00).
Sec.10.08 Definitions
In this Code, unless the context otherwise requires:
1. "Cancellation" means that a driver's license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to the
license by the cancellation of a license is without prejudice and application for a new license may be made at any time after the cancellation.
2. "Revocation" means that the driver's license and privilege to drive a motor vehicle on the highways of the reservation is terminated and shall not be
renewed or restored, except that an application for reinstatement may be presented and acted upon by the Tribal Court after the expiration of at least one
year after the date of revocation.
3. "Suspension" means that the driver's license and privileges to drive a motor vehicle on the public highways of the reservation are temporarily withdrawn
but only during the period of the suspension.
Sec. 10.09 Operators and Chauffeurs must be licensed; Penalty
A. No person except those expressly exempted in this Code, shall drive any motor vehicle upon a highway within the San Carlos Apache Indian
Reservation unless the person has a valid license as an operator or chauffeur under the provisions of Section 1.02 or a valid operator or chauffeur's license
issued pursuant
to the laws of any other state. No person shall drive a motor vehicle as a chauffeur unless he holds a valid chauffeur's license.
B. A person holding a valid chauffeur's license under this Code need not procure an operator's license.
C. A person licensed as an operator or chauffeur under this Code may exercise the privilege thereby granted upon all streets and highways on the
reservation.
D. Upon conviction, or forfeiture of bail not vacated, for any violation of the provisions of Subsection A, shall be punishable by a fine of not more than
three hundred dollars ($300.00), or imprisonment for not more than thirty days, or both. A second or subsequent conviction, or forfeiture of bail not
vacated, for an offense committed within a period of twenty-four months of the first violation or offense, shall be punishable by a fine of not less than
fifty dollars ($50.00), nor more than three hundred dollars ($300.00) or by imprisonment for not less than five days nor more than six months.
Sec. 10.10 License to Operate Motorcycle and Motor-Driver Cycle; Revocation
A. No person shall operate a motorcycle or motor-driven cycle upon a highway in this reservation unless he has a valid Arizona Motorcycle Driving
License.
B. A license under Subsection A of this section shall be subject to all provisions of the statutes of this reservation applicable to licensees.
C. When the Tribal Court has reason to believe a person licensed to operate a motorcycle and motor-driven cycle is not competent to operate such a
vehicle, the Tribal Court may revoke the license. The licensee whose license is revoked under subsection is entitled to a hearing.
D. The provisions of this section shall not apply to electrically powered three wheeled vehicles or three wheeled vehicles on which the operator and
passenger ride within an enclosed cab.
Sec.10.11 What Persons are Exempt from license
The following persons are exempt from license under this Code:
1. Any person while driving or operating any road machine, farm tractor or implement of husbandry temporarily operated or moved on a highway.
2. A nonresident who is at least eighteen years of age, whose home, state or country does not require the licensing of operators, may operate a motor
vehicle as an operator only, for a period of not more than ninety days in any calendar year, if the motor vehicle so operated is duly registered in the home
state or country of the nonresident.
Sec.10.12 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 a Tribal law enforcement officer or Tribal Court judge. However, no person charged with violating this section shall be convicted if
he produces in court or to the office of the arresting officer an operator's or chauffeur's license therefore issued to him and valid at the time of his arrest.
Sec.10.13 Making False Affidavit; Perjury
A person who makes a false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the provisions of this chapter to be sworn
to or affirmed, including but not limited to Tribal police officers, is guilty of perjury and is punishable by fine or imprisonment as other persons
committing perjury are punishable.
Sec.10.14 Permitting Unauthorized Minor to Drive
A person who causes or knowingly permits his child or ward or any person under the age of eighteen years to drive a motor vehicle upon a highway of the
reservation when such person is not authorized under this code, or in violation of any of the provisions of this Court, is guilty of a violation of this Code.
Sec.10.15 Public Officers and Employees to Obey Code; Exceptions
A. The provisions of this Code applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the
United States, the State of Arizona, or any county, city, town, district, or any other political subdivision of the State of Arizona, except as provided in
this section and subject to such specific exceptions as are set forth in this Code with reference to authorized emergency vehicles.
B. Unless specifically made applicable, the provisions of this Code shall not apply to persons, teams, motor vehicles and other equipment while actually
engaged in work upon the surface of a highway, or to railroad employees working on a railroad track or tracks crossing the highway, but shall apply to
such persons and vehicles when traveling to or from such work.
Sec. 10.16 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 law or
when responding to but not returning from a fire alarm, may disregard the provisions of this Code pertaining to speed restrictions and other rules of the
road,
providing however, that nothing in this provision shall except or discharge the operator of an authorized emergency vehicle from operating his vehicle in a
safe and prudent manner in light of all the circumstances existing at the time the vehicle is operated.
Sec. 10.17 Shooting from Motor Vehicle
No person shall discharge or cause to be discharged a firearm from a motor vehicle on a highway of the reservation.
Sec. 10.18 Violations of the Code
Any violation of any provisions of this Code is a criminal offense and shall be punishable unless otherwise specifically indicated, according to the
procedures found in the San Carlos Apache Tribe Revised Law and Order Code, 5.1 to 5.10 inclusive.
Sec. 10.19 Failure to Appear
If any person is issued a citation for a violation of a provision of this Code and the alleged violation is one in which court appearance is required and the
person receiving the citation fails to appear at the place and on the date and time listed on the citation, that person is guilty of a violation of this Code.
Return to San Carlos Apache Traffic Code Table of Contents