San Carlos Apache Traffic Code Section 5
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Sec. 5.01 Special Restrictions: Reasonable & Prudent Speed: Prima Facie Evidence: Exceptions
A. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions, and actual and potential
hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or
entering the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.
B. Except as provided in subsection C and D or where a special hazard requires a lesser speed, any speed in excess of these speeds shall be prime facie evidence
that the speed is too great and therefore unreasonable and unlawful:
1. Fifteen miles per hour approaching school crossing.
2. Twenty-five miles per hour in any business or residential district.
3. Fifty-five miles per hour in other locations.
C. The speed limits set forth in this section may be altered as authorized in Section 5.02.
D. The maximum lawful speed as provided in this section shall be reduced to that which is reasonable and prudent under the conditions and having regard to the
actual and potential hazards then existing, such as when:
1. Approaching and crossing an intersection or railroad crossing.
2. Approaching and going around a curve.
3. Approaching a hill crest.
4. Traveling upon any narrow or winding roadway.
5. Special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
E. No person shall drive a motor vehicle at a speed that is less than that which is reasonable and prudent under existing conditions.
F. In the trial of any alleged violation of this Code Section, or any other section restricting speed within this Code, evidence of the speed of the defendant's
vehicle as established by a radar unit employed by the Tribal office, calibrated according to standards set by the police and authorized by Tribal Court shall be
admissible and shall be deemed prima facie evidence that the defendant's vehicle was in fact traveling at the speed indicated by radar measurement.
G. A person of this section shall be fined no less than $10, nor more than $100 and may be sentenced up to 30 days in jail.
Sec. 5.02 Establishment of Speed Zones
When the Tribal Council or their designee determines upon the basis of an engineering and traffic investigation that any maximum speed limit is greater or less
than is reasonable or safe under the conditions found to exist upon any part of a state highway, the Tribal Council or their designee may determine and declare a
reasonable and safe maximum speed limit for such location, which shall be effective when appropriate signs giving notice thereof are erected. A maximum speed
limit, as declared pursuant to this section, may be declared to be effective at all times of day, different types of vehicles, varying weather conditions, and other
factors bearing safe speeds. Such varying limits shall be effective when posted upon appropriate fixed or variable signs.
Sec. 5.03 End of Speed Zone: Signs Required
The Tribal Council or their designee establishing a speed zone under the provisions of Section 5.01 shall be responsible for erecting, at the beginning of each
such zone a sign designating the maximum allowable speed within the zone, and at the end thereof a sign bearing either the legend "resume speeding" or setting
forth the new maximum speed limit.
Sec. 5.04 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 reduced speed is
necessary for safe operation or in compliance with the law.
If a person is driving a vehicle at a speed less that the normal flow of traffic at the particular time and place on a two-lane highway where passing is unsafe, and
if five or more vehicles are formed in a line behind the vehicle, the person shall turn the vehicle off the roadway at the nearest place designated as a turnout by
signs
erected by the Tribal Council or their designee, or wherever sufficient area for a safe turnout exists, in order to permit the vehicles following to proceed.
Sec. 5.05 Racing on Highways: Penalties
A. No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition or speed
acceleration, or for the purpose of making a speed record on a street or highway, and no person shall in any manner participate in any such race, competition,
contest, test or exhibition.
B. Drag race is defined as the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each
other, or the operation of one or more vehicles over a common selected course, from the same point, for the purpose of comparing the relative speeds or power
of
acceleration of such vehicle or vehicle within a certain distance or time limit.
C. Racing is defined as the use of one or more vehicles in an attempt to out gain, outdistance, or prevent another vehicle from passing.
D. A person who violates this section shall be punished upon a first conviction by imprisonment for not more than ninety days, by a fine of not more than
$300, or both.
E. When a second or subsequent violation is committed within a period of twenty-four months, and a conviction occurs, such person shall be punished by
imprisonment for not less than ten days, nor more than six months, and in the discretion of the court, by a fine of not less than $150 nor less than $300, or
both, and
shall not be eligible for probation, pardon, parole, commutation or suspension of sentence or release or any other basis until such person has served not less
than ten (10) days in jail.
F. The court may, upon pronouncement of any jail sentence under this section, in cases of extreme hardship, provide in the sentence, that the defendant may be
permitted, if he is employed and can continue his employment, to continue such employment for not more than twelve hours per day nor more than six days
per
week, and the remaining day, days or parts of days, shall be spent in jail until the sentence is served. He shall be allowed out of jail only long enough to
complete his actual hours of employment and no longer.
G. When any person is convicted of a violation of the provisions of this section, the judge may, upon a first conviction, and shall upon a second or subsequent
conviction for an offense committed within a period of twenty-four months, suspend the driving privileges of such person. Upon a first conviction, the judge
may order the suspension of ninety days.