San Carlos Apache Traffic Code Section 9
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Sec. 9.00 Rules Relative to School Buses
A. The Tribe with input from local school boards shall adopt such rules as are necessary to improve the safety and welfare of school bus passengers by
minimizing the probability of accidents involving school buses and school bus passengers, and by minimizing the risk of serious bodily injury to school bus
passengers in the event of an accident. Such rules may include, but are not limited to, minimum standards for the design and equipment of school buses,
minimum standard for the periodic inspection and maintenance of school buses, procedures for the operation of school buses, and such other criteria as are
deemed by the Tribe and the local school board to be necessary and appropriate to insure the safe operation of school buses. Such rules shall provide,
where applicable, minimum standards equal to or more restrictive than those adopted by the United States Department of Transportation in accordance
with 23 U.S.C.R. adopted pursuant thereto.
B. The Tribe shall enforce the rules adopted as provided in this section.
Sec. 9.01 Maximum Number in School Bus; Exceptions; Receiving or Discharging School Children at School
A. No school bus shall be operated on a public highway while carrying more than can be properly seated, nor while any person is standing therein, except
for the purpose of conducting drills under school regulations and in emergency evacuation or dispersal of pupils and school personnel.
B. No person who is a driver of a vehicle carrying children to and from school shall, in receiving or discharging children at the school, fail to stop the vehicle
on the side of the highway upon which the school is located.
Sec. 9.02 Sale of Public and School Owned Vehicles; Repainting before Operation
Any motor vehicle, painted yellow, owned or operated by the school district or school, shall, if sold or transferred to a private owner remove all official
painted insignia by such private owner before it may be driven on the public highways of the reservation.
Sec. 9.03 Operation of Motorcycles on Roadways laned for Traffic
A. All motorcycles are entitled to the full use of a lane, and a person shall not drive a motor vehicle in such a manner as to deprive any motorcycle of the
full use of a lane. This subsection does not apply to motorcycles operated two abreast in a single lane.
B. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
C. A person shall not operate a motorcycle between the lanes of traffic or between adjacent rows of vehicles.
D. A person shall not operate a motorcycle more than two abreast in a single lane.
E. Subsections B and C do not apply to law enforcement officers in the performance of their official duties.
Sec. 9.04 Driving upon a Sidewalk
A person shall not drive any vehicle upon a sidewalk area except upon a permanent or duly authorized temporary driveway. The prohibition prescribed by
this section does not apply to motorized wheelchairs, authorized emergency vehicles, security vehicles owned by this tribe or shall service vehicles owned
by this tribe or its political subdivisions.
Sec. 9.05 Opening and Closing Vehicle Doors
A person shall not open any door on a motor vehicle unless it is reasonably safe to do so and can be done without interfering with the movement of other
traffic. A person shall not leave a door open on a side of a motor vehicle available to moving traffic for a period of time longer than is necessary to load or
unload passengers.
Sec. 9.06 Mechanical Raising and Lowering Devices
A person shall not raise or lower the height of a motor vehicle by mechanical means while the motor vehicle is in motion upon a highway at a speed in
excess of fifteen miles per hour.
Sec. 9.07 Child Passenger Restraint System; Special Fund for Indigents; Exemptions; Violation; Classification; Definitions
A. A parent, guardian or custodian of a child four or less years of age or forty or fewer pounds in weight when transporting that child in a non commercial
motor vehicle operated on the highways of this reservation and registered in this state in the name of the parent, guardian or custodian shall properly secure
that child in a child passenger restraint system.
B. The Tribe shall adopt standards, in accordance with federal motor vehicle standards, for the performance, design and installation of child passenger
restraint systems for use in non commercial motor vehicles for children four or less years of age or forty or fewer pounds in weight.
C. A person who violates this section is guilty of a petty offense with a maximum fine of fifty dollars, except that no fine may be imposed if a sufficient
showing is made by the defendant that the motor vehicle has been subsequently equipped with a child passenger restraint system which meets the
standards adopted pursuant to Subsection B of this section., A sufficient showing may include a receipt mailed to the appropriate court officer which
evidences purchase or acquisition of a child passenger restraint system. Notwithstanding the court imposing and collecting such fine shall transfer the
moneys, exclusive of any assessments imposed pursuant to the tribal treasurer for deposit in the child passenger restraint fund. The child passenger restrain
funds shall not exceed a balance of four thousand dollars.
D. In the event that a vehicle is stopped for an apparent violation of this section by a law enforcement officer, such officer shall determine from the driver,
or any adult passenger, both of the following:
1. If anyone in the vehicle is the parent, custodian or guardian of the unrestrained child or children in the car.
2. Whether the unrestrained child or children in the vehicle are four or less years of age or less than forty pounds.
E. If the information given to the officer indicates that violation of this section has not been committed, the officer shall not detain the vehicle any further
unless some additional violation is involved. In no event shall the stopping of a vehicle for an apparent or actual violation of this section constitute probable
cause of the search or seizure of such vehicle.
F. Prior to the release of any newly born child from a hospital, the hospital in conjunction with the attending physician shall provide the parents of the
child with a copy of this section and information with regard to the availability of loaner or rental programs for child passenger restraint devices which may
be available in the community where the child is born.
G. A child passenger restraint fund is established in the Tribal Child Protective Services (CPS) which consists of all fines deposited pursuant to Subsection
C of this section and any moneys donated by the public. The Tribal CPS shall purchase child passenger restraint systems which meet the requirements of
this section from moneys deposited in the fund. At the request of a licensed hospital, but subject to availability, the Tribal CPS shall distribute child
passenger restraint systems to the hospital. On the application of any person to a hospital, but subject to that hospital that the applicant is unable to
acquire a child passenger restraint system because that person is indigent, the hospital shall, subject to availability, loan the applicant a child passenger
restraint system at no charge for as long as the applicant has a need to transport a child who is subject to this section.
H. The requirements of this section or evidence of a violation of this section are not admissible as evidence in a judicial proceeding except in a judicial
proceeding for a violation of this section.
I. The provisions of this section shall not apply if the motor vehicle was originally manufactured without passenger restraint devices.
J. A parent, guardian or custodian transporting more than one child four or less years of age or forty or fewer pounds in weight in a motor vehicle which
because of the restricted size of the passenger area does not provide sufficient area for the required number of child passenger restraint devices shall not be
subject to
prosecution under this section if at least one child is restrained as required pursuant to this section.
K. For the purpose of this section:
1. "Custodian" has the same meaning as provided in Section 1.02.
2. "Indigent" has the same meaning as provided in Section 1.02, Subsection B.
L. The provisions of this section do not apply to a motor vehicle which is also a recreational vehicle as defined by Section 1.02.
Sec.9.08 Persons in Wheelchairs; Rights and Duties
Each person operating a wheelchair or motorized wheelchair has all of the rights and all of the duties applicable to a pedestrian contained in this chapter
except those provisions which by their nature can have no application.
Equipment
Sec.9.09 Applicability of Equipment Requirements
A. A person shall not drive or move and the owner shall not knowingly cause or permit to be driven or moved on any highway any vehicle or combination
of vehicles which is in such unsafe conditions 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 section, or which is equipped in any manner in violation of this section, nor shall
any person do any act forbidden or fail to perform any act required under this section.
B. Nothing contained in this section shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the
provisions of this section.
C. The provisions of this section with respect to equipment on vehicles shall not apply to implements of husbandry, trailers used solely in the operation of
a farm for transportation of the unprocessed fiber products on such farm or from such farm to a cotton gin, road machinery, road rollers or farm tractors
except as made
applicable by this section. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 9.10 display a red tail lamp
and either multiple-beam or single-beam head lamps meeting the requirements of Section 9.13, 9.29 and 9.30.
Sec.9.10 When lighted Lamps are Required
Every vehicle upon a highway within this reservation at any time from sunset to sunrise and at any other time when there is not sufficient light to render
clearly discernible persons and vehicle on the highway at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as
required by this article
for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated in this article
Sec. 9.11 Visibility Distance and Mounted Height of LAPS
A. When a requirement is set forth in this article as to the distance from which certain lamps and devices shall render objects visible or within which the
lamps or devices shall be visible, such provisions shall apply during the time stated in Section 9.10 in unlighted highway under normal atmospheric
conditions unless a different time or condition is expressly stated.
B. When a requirement is set forth in this section as to the mounted height of lamps or devices it shall mean from the center of the lamp or device to the
level ground upon which the vehicle stands when the vehicle is without a load.
Sec. 9.12 Head Lamps on Motor Vehicles
A. Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two head lamps with at least one on each side of the
front of the motor vehicle, which head lamp shall comply with the requirements and limitations set forth in this section.
B. Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two head lamps which shall comply with the
requirements and limitations of this section.
C. Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of
the head lamp of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in Subsection B of Section 9.11.
Sec.9.13 Tail Lamps
A. Every motor vehicle, trailer, semi-trailer, pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with
at least one tail lamp mounted on the rear, which, when lighted as required by this code, shall emit a red rear, provided that in the case of a train of vehicles
only the
tail lamp on the rear-most vehicle need actually be seen from the distance specified.
B. Every tail lamp upon every vehicle shall be located at a height of not more than sixty inches nor less than twenty inches to be measured as set forth in
Subsection B of Section 9.11.
C. Either a tail lamp or a separate lamp shall be so construed and placed as to illuminate with a white light the rear registration plate and render it clearly
legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall
be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
Sec. 9.14 New Motor Vehicles to be Equipped with Reflectors
A. Every new motor vehicle sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or
separately, two red-reflectors, except that every motorcycle and every motor-driven cycle shall carry at least one reflector, meeting the requirements of this
section, and except that vehicles of the type mentioned in Section 9.28 shall be equipped with reflectors as required in those sections applicable thereto.
B. Every such reflector shall be mounted on the vehicle at a height not less than twenty inches nor more than sixty inches measured as set forth in
Subsection B of Section 9.11, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred
feet to fifty
feet from the vehicle that visibility from a greater distance is required of reflectors on certain types of vehicles.
Sec.9.15 Stop Lamps Required on Motor Vehicles
A person shall not sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this state and a person shall not drive a vehicle on the
highways unless it is equipped with a stop lamp meeting the requirements of Section
Sec.9.16 Application of Succeeding Sections
Those sections of this article, including Sections 9.17 through 9.22, relating to clearance and marker lamps, reflectors and stop lights, shall apply as stated in
those sections to vehicles of the type therein enumerated, namely passenger buses, trucks, truck tractors and certain trailers, semi-trailers and pole trailers,
respectively, when operated upon any highway, and such vehicles shall be equipped as required and all lamp equipment required shall be lighted at the
times mentioned in Section 9.10, except that clearance and side marker lamps need not be light on a vehicle when operated within any municipality where
there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet.
Sec. 9.17 Additional Equipment Required on Certain Vehicles
In addition to other equipment required in this code, the following vehicles shall be equipped as provided by this section under the conditions stated in
Section 9.16.
1. On every bus, or truck, whatever its size, there shall be on the rear, two reflectors, one at each side, and at least one working stop light.
2. On every bus or truck eighty inches or more in over-all width, in addition to the requirements in paragraph 1:
(a) On the front, two clearance lamps, one at each side.
(b) On the rear, two clearance lamps, one at each side.
(c) On each side, two side markers lamps, one at or near the front and one at or near the rear.
(d) On each side, two reflectors, one at or near the front and one at or rear.
3.On every truck tractor:
(a) On the front, two clearance lamps, one at each side.
( b) On the rear, one stop light.
4. On every trailer or semi-trailer having a gross weight in excess of three thousand pounds:
(a) On the front, two clearance lamps, one at each side.
(b) On each side, two side marker lamps, one at or near the front and one at or near the rear.
(c) On each side, two reflectors, one at or near the front and one at or near
(d) On the rear, two clearance lamps, one at each side, and two reflectors, one at each side, and one stop light.
5. On every pole trailer in excess of three thousand pounds gross weight:
(a) On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side and rear.
(b) On the rear of the pole trailer or load, two reflectors, one at each side.
6. On every trailer, semi-trailer or pole trailer weighing three thousand pounds gross or less:
(a) On the rear, two reflectors, one on each side.
(b) If a trailer or semi-trailer is so loaded or is of such dimensions as to obscure the stop light on the towing vehicle, then the vehicle shall also be equipped
with at least one stop light.
Sec.9.18 Special Lighting Equipment on School Buses
A. The Tribe may adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school busses
consistent with the provisions of this code, but supplemental thereto, and except that the standards and specifications school busses for the purpose of
indicating when children are boarding or alighting from bus. The standards and specifications shall correlate with and, so far as possible, conform to the
specifications then current as approved by the society of automotive engineers.
B. It is unlawful to operate any flashing warning signal light on any school bus except when the school bus is within one hundred feet of a stop, or is
stopped, on a highway for the purpose of permitting school children to board or alight from it.
Sec. 9.19 Color of Clearance Lamps, Side Marker Lamps and Reflectors
A. Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an
amber color.
B. Rear clearance lamps and those markers lamps and reflectors mounted on the rear or one the sides near the rear of a vehicle shall display or reflect a red
color.
C. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color., except the stop light or other signal devices,
which may be red, amber or yellow, and except that the light Illuminating the license plate or the light emitted by a back-up lamp shall be white.
Sec. 9.20 Mounting of Reflectors, Clearance Lamps and Side Marker Lamp
A. Reflectors when required by Section 9.17 shall be mounted at a height not less than twenty-four inches and not higher than sixty inches above the ground
on which the vehicle stands, except that if the highest part of the equipment structure of the vehicle is less than twenty-four inches, the reflector at that
point shall be mounted as high as that part of the permanent structure will permit.
B. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.
C. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all the other reflector requirements
of this code.
D. Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof
as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required by this section with
reference to both.
Sec. 9.21 Visibility of Reflectors, Clearance Lamps and Marker Lamps
A. Every reflector upon any vehicle referred to in Section 9.17 shall be of such size and characteristics and so maintained as to be readily visible at nighttime
from all distances within five hundred feet to fifteen feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required
to be mounted on the sides of vehicles shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.
B. Front and rear clearance lamps shall be capable of being seen and distinguishing under normal atmospheric conditions at the times lights are required at a
distance of five hundred feet from the front and rear, respectively, of the vehicle.
C. Rear marker lamps shall be capable of being seen and distinguishing under normal atmospheric conditions at the times lights are required at a distance of
five hundred feet from the side of the vehicle on which mounted.
Sec. 9.22 Obstructed Lights not Required
When motor and other vehicles are operated in combination during the times that lights are required, any lamp, except tail lamps, need not be lighted which,
by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement
that lighted
clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost
vehicle of any combination shall be lighted.
Sec.9.23 Lamp or Flag on Projecting Load
When the load upon any vehicle extends to the rear four feet or more beyond the bed or body of the vehicle there shall be displayed at the extreme rear end
of the load, at the times specified in Section 9.10, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The
red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be
displayed at the extreme rear end of the load a red flag or doth not less than twelve inches square and so hung that the entire area is visible to the driver of a
vehicle approaching from the rear.
Sec. 9.24 Lamps on Parked Vehicles
A. When a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the
event there is sufficient light to reveal any person or object within a distance of five hundred feet upon the street or highway no lights need be displayed
upon the parked vehicle.
B. When a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour
after sunset and a half hour before sunrise within a distance of five hundred feet upon the highway, the vehicle so parked or stopped shall be equipped with
one or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of five hundred feet to the front of the vehicle and a
red light visible from a distance of five hundred feet to the rear. The foregoing provisions shall not apply to a motor-driven cycle.
C. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
Sec.9.25 Lamps on Other Vehicles and Equipment
All vehicles, including animal-drawn vehicles and including those referred to in Subsection C of Section 9.09 not specifically required by this article to be
equipped with lamps, shall at the times specified in Section 9.10 be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a
distance of five
hundred feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred feet to the rear.
Sec.9.26 Spot Lamps and Auxiliary Lamps
A. A motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another
vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more
than one hundred feet ahead of the vehicle.
B. A motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty
inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light
to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of
the lamp from which it comes.
C. A motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor
more than forty-two inches above the level surface upon which the vehicle stands and every auxiliary passing lamp shall meet the requirements and
limitations set forth in Section 9.09 through 9.55.
Continued- Section 9 Return to San Carlos Apache Traffic Code Table of Contents
A. The Tribe with input from local school boards shall adopt such rules as are necessary to improve the safety and welfare of school bus passengers by
minimizing the probability of accidents involving school buses and school bus passengers, and by minimizing the risk of serious bodily injury to school bus
passengers in the event of an accident. Such rules may include, but are not limited to, minimum standards for the design and equipment of school buses,
minimum standard for the periodic inspection and maintenance of school buses, procedures for the operation of school buses, and such other criteria as are
deemed by the Tribe and the local school board to be necessary and appropriate to insure the safe operation of school buses. Such rules shall provide,
where applicable, minimum standards equal to or more restrictive than those adopted by the United States Department of Transportation in accordance
with 23 U.S.C.R. adopted pursuant thereto.
B. The Tribe shall enforce the rules adopted as provided in this section.
Sec. 9.01 Maximum Number in School Bus; Exceptions; Receiving or Discharging School Children at School
A. No school bus shall be operated on a public highway while carrying more than can be properly seated, nor while any person is standing therein, except
for the purpose of conducting drills under school regulations and in emergency evacuation or dispersal of pupils and school personnel.
B. No person who is a driver of a vehicle carrying children to and from school shall, in receiving or discharging children at the school, fail to stop the vehicle
on the side of the highway upon which the school is located.
Sec. 9.02 Sale of Public and School Owned Vehicles; Repainting before Operation
Any motor vehicle, painted yellow, owned or operated by the school district or school, shall, if sold or transferred to a private owner remove all official
painted insignia by such private owner before it may be driven on the public highways of the reservation.
Sec. 9.03 Operation of Motorcycles on Roadways laned for Traffic
A. All motorcycles are entitled to the full use of a lane, and a person shall not drive a motor vehicle in such a manner as to deprive any motorcycle of the
full use of a lane. This subsection does not apply to motorcycles operated two abreast in a single lane.
B. The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
C. A person shall not operate a motorcycle between the lanes of traffic or between adjacent rows of vehicles.
D. A person shall not operate a motorcycle more than two abreast in a single lane.
E. Subsections B and C do not apply to law enforcement officers in the performance of their official duties.
Sec. 9.04 Driving upon a Sidewalk
A person shall not drive any vehicle upon a sidewalk area except upon a permanent or duly authorized temporary driveway. The prohibition prescribed by
this section does not apply to motorized wheelchairs, authorized emergency vehicles, security vehicles owned by this tribe or shall service vehicles owned
by this tribe or its political subdivisions.
Sec. 9.05 Opening and Closing Vehicle Doors
A person shall not open any door on a motor vehicle unless it is reasonably safe to do so and can be done without interfering with the movement of other
traffic. A person shall not leave a door open on a side of a motor vehicle available to moving traffic for a period of time longer than is necessary to load or
unload passengers.
Sec. 9.06 Mechanical Raising and Lowering Devices
A person shall not raise or lower the height of a motor vehicle by mechanical means while the motor vehicle is in motion upon a highway at a speed in
excess of fifteen miles per hour.
Sec. 9.07 Child Passenger Restraint System; Special Fund for Indigents; Exemptions; Violation; Classification; Definitions
A. A parent, guardian or custodian of a child four or less years of age or forty or fewer pounds in weight when transporting that child in a non commercial
motor vehicle operated on the highways of this reservation and registered in this state in the name of the parent, guardian or custodian shall properly secure
that child in a child passenger restraint system.
B. The Tribe shall adopt standards, in accordance with federal motor vehicle standards, for the performance, design and installation of child passenger
restraint systems for use in non commercial motor vehicles for children four or less years of age or forty or fewer pounds in weight.
C. A person who violates this section is guilty of a petty offense with a maximum fine of fifty dollars, except that no fine may be imposed if a sufficient
showing is made by the defendant that the motor vehicle has been subsequently equipped with a child passenger restraint system which meets the
standards adopted pursuant to Subsection B of this section., A sufficient showing may include a receipt mailed to the appropriate court officer which
evidences purchase or acquisition of a child passenger restraint system. Notwithstanding the court imposing and collecting such fine shall transfer the
moneys, exclusive of any assessments imposed pursuant to the tribal treasurer for deposit in the child passenger restraint fund. The child passenger restrain
funds shall not exceed a balance of four thousand dollars.
D. In the event that a vehicle is stopped for an apparent violation of this section by a law enforcement officer, such officer shall determine from the driver,
or any adult passenger, both of the following:
1. If anyone in the vehicle is the parent, custodian or guardian of the unrestrained child or children in the car.
2. Whether the unrestrained child or children in the vehicle are four or less years of age or less than forty pounds.
E. If the information given to the officer indicates that violation of this section has not been committed, the officer shall not detain the vehicle any further
unless some additional violation is involved. In no event shall the stopping of a vehicle for an apparent or actual violation of this section constitute probable
cause of the search or seizure of such vehicle.
F. Prior to the release of any newly born child from a hospital, the hospital in conjunction with the attending physician shall provide the parents of the
child with a copy of this section and information with regard to the availability of loaner or rental programs for child passenger restraint devices which may
be available in the community where the child is born.
G. A child passenger restraint fund is established in the Tribal Child Protective Services (CPS) which consists of all fines deposited pursuant to Subsection
C of this section and any moneys donated by the public. The Tribal CPS shall purchase child passenger restraint systems which meet the requirements of
this section from moneys deposited in the fund. At the request of a licensed hospital, but subject to availability, the Tribal CPS shall distribute child
passenger restraint systems to the hospital. On the application of any person to a hospital, but subject to that hospital that the applicant is unable to
acquire a child passenger restraint system because that person is indigent, the hospital shall, subject to availability, loan the applicant a child passenger
restraint system at no charge for as long as the applicant has a need to transport a child who is subject to this section.
H. The requirements of this section or evidence of a violation of this section are not admissible as evidence in a judicial proceeding except in a judicial
proceeding for a violation of this section.
I. The provisions of this section shall not apply if the motor vehicle was originally manufactured without passenger restraint devices.
J. A parent, guardian or custodian transporting more than one child four or less years of age or forty or fewer pounds in weight in a motor vehicle which
because of the restricted size of the passenger area does not provide sufficient area for the required number of child passenger restraint devices shall not be
subject to
prosecution under this section if at least one child is restrained as required pursuant to this section.
K. For the purpose of this section:
1. "Custodian" has the same meaning as provided in Section 1.02.
2. "Indigent" has the same meaning as provided in Section 1.02, Subsection B.
L. The provisions of this section do not apply to a motor vehicle which is also a recreational vehicle as defined by Section 1.02.
Sec.9.08 Persons in Wheelchairs; Rights and Duties
Each person operating a wheelchair or motorized wheelchair has all of the rights and all of the duties applicable to a pedestrian contained in this chapter
except those provisions which by their nature can have no application.
Equipment
Sec.9.09 Applicability of Equipment Requirements
A. A person shall not drive or move and the owner shall not knowingly cause or permit to be driven or moved on any highway any vehicle or combination
of vehicles which is in such unsafe conditions 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 section, or which is equipped in any manner in violation of this section, nor shall
any person do any act forbidden or fail to perform any act required under this section.
B. Nothing contained in this section shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the
provisions of this section.
C. The provisions of this section with respect to equipment on vehicles shall not apply to implements of husbandry, trailers used solely in the operation of
a farm for transportation of the unprocessed fiber products on such farm or from such farm to a cotton gin, road machinery, road rollers or farm tractors
except as made
applicable by this section. Every farm tractor equipped with an electric lighting system shall at all times mentioned in Section 9.10 display a red tail lamp
and either multiple-beam or single-beam head lamps meeting the requirements of Section 9.13, 9.29 and 9.30.
Sec.9.10 When lighted Lamps are Required
Every vehicle upon a highway within this reservation at any time from sunset to sunrise and at any other time when there is not sufficient light to render
clearly discernible persons and vehicle on the highway at a distance of five hundred feet ahead shall display lighted lamps and illuminating devices as
required by this article
for different classes of vehicles, subject to exceptions with respect to parked vehicles as stated in this article
Sec. 9.11 Visibility Distance and Mounted Height of LAPS
A. When a requirement is set forth in this article as to the distance from which certain lamps and devices shall render objects visible or within which the
lamps or devices shall be visible, such provisions shall apply during the time stated in Section 9.10 in unlighted highway under normal atmospheric
conditions unless a different time or condition is expressly stated.
B. When a requirement is set forth in this section as to the mounted height of lamps or devices it shall mean from the center of the lamp or device to the
level ground upon which the vehicle stands when the vehicle is without a load.
Sec. 9.12 Head Lamps on Motor Vehicles
A. Every motor vehicle other than a motorcycle or motor-driven cycle shall be equipped with at least two head lamps with at least one on each side of the
front of the motor vehicle, which head lamp shall comply with the requirements and limitations set forth in this section.
B. Every motorcycle and every motor-driven cycle shall be equipped with at least one and not more than two head lamps which shall comply with the
requirements and limitations of this section.
C. Every head lamp upon every motor vehicle, including every motorcycle and motor-driven cycle, shall be located at a height measured from the center of
the head lamp of not more than fifty-four inches nor less than twenty-four inches to be measured as set forth in Subsection B of Section 9.11.
Sec.9.13 Tail Lamps
A. Every motor vehicle, trailer, semi-trailer, pole trailer, and any other vehicle which is being drawn at the end of a train of vehicles, shall be equipped with
at least one tail lamp mounted on the rear, which, when lighted as required by this code, shall emit a red rear, provided that in the case of a train of vehicles
only the
tail lamp on the rear-most vehicle need actually be seen from the distance specified.
B. Every tail lamp upon every vehicle shall be located at a height of not more than sixty inches nor less than twenty inches to be measured as set forth in
Subsection B of Section 9.11.
C. Either a tail lamp or a separate lamp shall be so construed and placed as to illuminate with a white light the rear registration plate and render it clearly
legible from a distance of fifty feet to the rear. Any tail lamp or tail lamps, together with any separate lamp for illuminating the rear registration plate, shall
be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted.
Sec. 9.14 New Motor Vehicles to be Equipped with Reflectors
A. Every new motor vehicle sold and operated upon a highway, other than a truck tractor, shall carry on the rear, either as a part of the tail lamps or
separately, two red-reflectors, except that every motorcycle and every motor-driven cycle shall carry at least one reflector, meeting the requirements of this
section, and except that vehicles of the type mentioned in Section 9.28 shall be equipped with reflectors as required in those sections applicable thereto.
B. Every such reflector shall be mounted on the vehicle at a height not less than twenty inches nor more than sixty inches measured as set forth in
Subsection B of Section 9.11, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within three hundred
feet to fifty
feet from the vehicle that visibility from a greater distance is required of reflectors on certain types of vehicles.
Sec.9.15 Stop Lamps Required on Motor Vehicles
A person shall not sell any new motor vehicle, including any motorcycle or motor-driven cycle, in this state and a person shall not drive a vehicle on the
highways unless it is equipped with a stop lamp meeting the requirements of Section
Sec.9.16 Application of Succeeding Sections
Those sections of this article, including Sections 9.17 through 9.22, relating to clearance and marker lamps, reflectors and stop lights, shall apply as stated in
those sections to vehicles of the type therein enumerated, namely passenger buses, trucks, truck tractors and certain trailers, semi-trailers and pole trailers,
respectively, when operated upon any highway, and such vehicles shall be equipped as required and all lamp equipment required shall be lighted at the
times mentioned in Section 9.10, except that clearance and side marker lamps need not be light on a vehicle when operated within any municipality where
there is sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet.
Sec. 9.17 Additional Equipment Required on Certain Vehicles
In addition to other equipment required in this code, the following vehicles shall be equipped as provided by this section under the conditions stated in
Section 9.16.
1. On every bus, or truck, whatever its size, there shall be on the rear, two reflectors, one at each side, and at least one working stop light.
2. On every bus or truck eighty inches or more in over-all width, in addition to the requirements in paragraph 1:
(a) On the front, two clearance lamps, one at each side.
(b) On the rear, two clearance lamps, one at each side.
(c) On each side, two side markers lamps, one at or near the front and one at or near the rear.
(d) On each side, two reflectors, one at or near the front and one at or rear.
3.On every truck tractor:
(a) On the front, two clearance lamps, one at each side.
( b) On the rear, one stop light.
4. On every trailer or semi-trailer having a gross weight in excess of three thousand pounds:
(a) On the front, two clearance lamps, one at each side.
(b) On each side, two side marker lamps, one at or near the front and one at or near the rear.
(c) On each side, two reflectors, one at or near the front and one at or near
(d) On the rear, two clearance lamps, one at each side, and two reflectors, one at each side, and one stop light.
5. On every pole trailer in excess of three thousand pounds gross weight:
(a) On each side, one side marker lamp and one clearance lamp which may be in combination, to show to the front, side and rear.
(b) On the rear of the pole trailer or load, two reflectors, one at each side.
6. On every trailer, semi-trailer or pole trailer weighing three thousand pounds gross or less:
(a) On the rear, two reflectors, one on each side.
(b) If a trailer or semi-trailer is so loaded or is of such dimensions as to obscure the stop light on the towing vehicle, then the vehicle shall also be equipped
with at least one stop light.
Sec.9.18 Special Lighting Equipment on School Buses
A. The Tribe may adopt standards and specifications applicable to lighting equipment on and special warning devices to be carried by school busses
consistent with the provisions of this code, but supplemental thereto, and except that the standards and specifications school busses for the purpose of
indicating when children are boarding or alighting from bus. The standards and specifications shall correlate with and, so far as possible, conform to the
specifications then current as approved by the society of automotive engineers.
B. It is unlawful to operate any flashing warning signal light on any school bus except when the school bus is within one hundred feet of a stop, or is
stopped, on a highway for the purpose of permitting school children to board or alight from it.
Sec. 9.19 Color of Clearance Lamps, Side Marker Lamps and Reflectors
A. Front clearance lamps and those marker lamps and reflectors mounted on the front or on the side near the front of a vehicle shall display or reflect an
amber color.
B. Rear clearance lamps and those markers lamps and reflectors mounted on the rear or one the sides near the rear of a vehicle shall display or reflect a red
color.
C. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color., except the stop light or other signal devices,
which may be red, amber or yellow, and except that the light Illuminating the license plate or the light emitted by a back-up lamp shall be white.
Sec. 9.20 Mounting of Reflectors, Clearance Lamps and Side Marker Lamp
A. Reflectors when required by Section 9.17 shall be mounted at a height not less than twenty-four inches and not higher than sixty inches above the ground
on which the vehicle stands, except that if the highest part of the equipment structure of the vehicle is less than twenty-four inches, the reflector at that
point shall be mounted as high as that part of the permanent structure will permit.
B. The rear reflectors on a pole trailer may be mounted on each side of the bolster or load.
C. Any required red reflector on the rear of a vehicle may be incorporated with the tail lamp, but the reflector shall meet all the other reflector requirements
of this code.
D. Clearance lamps shall be mounted on the permanent structure of the vehicle in such a manner as to indicate its extreme width and as near the top thereof
as practicable. Clearance lamps and side marker lamps may be mounted in combination provided illumination is given as required by this section with
reference to both.
Sec. 9.21 Visibility of Reflectors, Clearance Lamps and Marker Lamps
A. Every reflector upon any vehicle referred to in Section 9.17 shall be of such size and characteristics and so maintained as to be readily visible at nighttime
from all distances within five hundred feet to fifteen feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required
to be mounted on the sides of vehicles shall reflect the required color of light to the sides, and those mounted on the rear shall reflect a red color to the rear.
B. Front and rear clearance lamps shall be capable of being seen and distinguishing under normal atmospheric conditions at the times lights are required at a
distance of five hundred feet from the front and rear, respectively, of the vehicle.
C. Rear marker lamps shall be capable of being seen and distinguishing under normal atmospheric conditions at the times lights are required at a distance of
five hundred feet from the side of the vehicle on which mounted.
Sec. 9.22 Obstructed Lights not Required
When motor and other vehicles are operated in combination during the times that lights are required, any lamp, except tail lamps, need not be lighted which,
by reason of its location on a vehicle of the combination, would be obscured by another vehicle of the combination, but this shall not affect the requirement
that lighted
clearance lamps be displayed on the front of the foremost vehicle required to have clearance lamps, nor that all lights required on the rear of the rearmost
vehicle of any combination shall be lighted.
Sec.9.23 Lamp or Flag on Projecting Load
When the load upon any vehicle extends to the rear four feet or more beyond the bed or body of the vehicle there shall be displayed at the extreme rear end
of the load, at the times specified in Section 9.10, a red light or lantern plainly visible from a distance of at least five hundred feet to the sides and rear. The
red light or lantern required under this section shall be in addition to the red rear light required upon every vehicle. At any other time there shall be
displayed at the extreme rear end of the load a red flag or doth not less than twelve inches square and so hung that the entire area is visible to the driver of a
vehicle approaching from the rear.
Sec. 9.24 Lamps on Parked Vehicles
A. When a vehicle is lawfully parked upon a street or highway during the hours between a half hour after sunset and a half hour before sunrise and in the
event there is sufficient light to reveal any person or object within a distance of five hundred feet upon the street or highway no lights need be displayed
upon the parked vehicle.
B. When a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half hour
after sunset and a half hour before sunrise within a distance of five hundred feet upon the highway, the vehicle so parked or stopped shall be equipped with
one or more lamps which shall exhibit a white or amber light on the roadway side visible from a distance of five hundred feet to the front of the vehicle and a
red light visible from a distance of five hundred feet to the rear. The foregoing provisions shall not apply to a motor-driven cycle.
C. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
Sec.9.25 Lamps on Other Vehicles and Equipment
All vehicles, including animal-drawn vehicles and including those referred to in Subsection C of Section 9.09 not specifically required by this article to be
equipped with lamps, shall at the times specified in Section 9.10 be equipped with at least one lighted lamp or lantern exhibiting a white light visible from a
distance of five
hundred feet to the front of the vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred feet to the rear.
Sec.9.26 Spot Lamps and Auxiliary Lamps
A. A motor vehicle may be equipped with not to exceed one spot lamp and every lighted spot lamp shall be so aimed and used upon approaching another
vehicle that no part of the high-intensity portion of the beam will be directed to the left of the prolongation of the extreme left side of the vehicle nor more
than one hundred feet ahead of the vehicle.
B. A motor vehicle may be equipped with not to exceed two fog lamps mounted on the front at a height not less than twelve inches nor more than thirty
inches above the level surface upon which the vehicle stands and so aimed that when the vehicle is not loaded none of the high-intensity portion of the light
to the left of the center of the vehicle shall at a distance of twenty-five feet ahead project higher than a level of four inches below the level of the center of
the lamp from which it comes.
C. A motor vehicle may be equipped with not to exceed two auxiliary passing lamps mounted on the front at a height not less than twenty-four inches nor
more than forty-two inches above the level surface upon which the vehicle stands and every auxiliary passing lamp shall meet the requirements and
limitations set forth in Section 9.09 through 9.55.
Continued- Section 9 Return to San Carlos Apache Traffic Code Table of Contents