3.01.030 Offenses

The following acts engaged in by an operator of a motor vehicle shall constitute a violation of this chapter:

(a) FAILURE TO OBEY A TRAFFIC CONTROL DEVICE

It shall be a violation of this chapter for the operator of a motor vehicle to fail to operate his/her vehicle in accordance with a traffic control device, a posted traffic control sign, within designated and discernable highway markings, or any other traffic control mechanism.

(b) FAILURE TO USE OR WEAR SEATBELT OR APPROVED CHILD RESTRAINT DEVICE

It shall be a violation of this chapter for the operator of a motor vehicle to operate the vehicle without himself or herself and all passengers in the vehicle being secured by appropriate seatbelts, shoulder harnesses or approved child safety restraint systems for children until they reach the age of four (4). No person shall operate a motor vehicle unless all children between the ages of (4) and eight (8) years of age or measuring four feet nine inches (4'9") or less and weighing less than eighty (80) pounds are restrained in a booster seat or other appropriate child safety device that meets applicable Federal Motor Vehicle Safety Standards. Booster seats must be used appropriately with either the latch system or combination lap and shoulder safety belt.

It shall be a violation of this chapter for the operator of a motor vehicle to operate his/her vehicle while talking on a mobile device including a cellular phone except he/she can talk using a hands-free device. It shall also be a violation of this chapter for an operator of a motor vehicle to text while driving.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator violated either Section 3.01.030(a), Section 3.01.030(b) or Section 3.01.030(c) herein, the operator of the motor vehicle shall pay a judgment of at least fifty dollars ($50.00) but shall not be subject to judgment in excess of two hundred fifty dollars ($250.00).

(d) PARKING

(1) It shall be a violation of this chapter for the operator of a motor vehicle to remain stationary in a manner which obstructs, hinders, impedes or blocks the following:

(A) Within ten (10) feet of any fire hydrant;

(B) Within the travel portion of any highway, roadway, alleyway or parking garage/area which creates a hazard or obstructs free movement of traffic thereon (unless a vehicle has become disabled to such an extent that it is impossible or impracticable to remove without assistance, therefore allowing a reasonable time for arrangements);

(D) In a location designated for handicap parking only, in which a permit is required and visible upon said vehicle; and

(E) In a location designated as parking for elders, expecting mothers, medical doctors or as otherwise designated.

(2) Nothing in this section will be construed to apply to emergency vehicles and to maintenance vehicles displaying flashing lights or to prohibit a vehicle from stopping or being held stationary by any officer in an emergency to avoid accidents or to give a right-of-way to any vehicle or pedestrian.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator violated either of the above provisions, the operator of the vehicle shall pay a judgment of at least twenty-five dollars ($25.00) but shall not be subject to judgment in excess of two hundred fifty dollars ($250.00).

(e) OPERATIONAL OFFENSE

(1) Careless/Reckless/Negligent Driving. It shall be a violation of this chapter for any operator of a motor vehicle to (i) operate his/her vehicle in a careless, reckless, or negligent manner such that the operation poses a risk to other operators of a motor vehicle, or to pedestrian(s) or to passenger(s) in a motor vehicle; (ii) or that the operator's operation of a motor vehicle in any way causes an accident; (iii) or that the operator's operation of a motor vehicle impedes traffic; or (iv) the operator's operation of a motor vehicle in any way impeded the enforcement of this chapter.

(2) Valid License. Any operator of a motor vehicle within the external boundaries of the Reservation shall have a valid driver's license from a sovereign entity that the Tribe recognizes.

(3) Driving within class. Whenever a license is required to operate a motor vehicle, no person shall operate a motor vehicle unless he/she is the holder of a class of license from a sovereign entity that the Tribe recognizes which is (i) valid for the operation of such vehicle; or (ii) the operation of the motor vehicle does not violate any restriction contained on, or applicable to, the applicable permit or license; or (iii) no person shall knowingly authorize or permit a motor vehicle owned by him/her to be operated in violation of the conditions therein.

(4) Valid Insurance. Any owner of a motor vehicle that is being operated shall have valid insurance on such vehicle during its operation and any operator of a motor vehicle should ensure that a motor vehicle has valid insurance while he/she is operating it.

(5) Signals. Any operator of a motor vehicle within the external boundaries of the Reservation shall not turn a vehicle or turn a motor vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall turn any motor vehicle without giving an appropriate signal of intention to turn right or left during not less than the last one hundred feet traveled by the motor vehicle before turning.

(6) Littering. No operator of a motor vehicle shall throw, dump, deposit or place, or cause to be thrown, dumped, deposited or placed upon any public roadway, or within the limits of the right of way of such roadway, or upon private lands adjacent thereto, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter nor shall the operator of a motor vehicle permit anyone within his/her vehicle to do the same.

(7) No driving on shoulder. Except for bicycles and those classes of vehicles required to travel on shoulders, no motor vehicle shall be driven over, across, along, or within any shoulder of any state controlled-access highway except at a location specifically authorized and posted by the Tribe. The foregoing limitation shall not prevent motor vehicles from using shoulders when directed by police officers, flag persons or other emergency responders.

(8) Passing on Right. The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions: (i) When the vehicle overtaken is making or about to make a left turn; or (ii) Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction. The passing on the right shall not be made by driving off the pavement or main-traveled portion of the roadway, except as permitted in Section 3.01.030(e)(7) above.

(9) Uninspected motor vehicle. No motor vehicle shall be operated or parked on the public highways of the Reservation unless a current certificate of inspection as required from the foreign jurisdiction in which the motor vehicle is registered is displayed upon the vehicle or affixed to the registration certificate for the vehicle.

(10) Failure to yield right of way. (i) The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway; (ii) When two vehicles enter an intersection from different highways at approximately the same time the driver of the vehicle on the left shall yield the right of way to the vehicle on the right; (iii) The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard; and (iv) The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator of a motor vehicle violated any of the above provisions, the operator or owner, as applicable, of the motor vehicle shall pay a judgment of at least fifty dollars ($50.00) but shall not be subject to a judgment in excess of one thousand dollars ($1,000.00).

(f) FAILURE TO PROPERLY EQUIP A MOTOR VEHICLE

It shall be a violation of this chapter for an operator of a motor vehicle to operate a vehicle that is unsafe or improperly equipped. A vehicle is unsafe or improperly equipped when its operation poses any risk to the health, safety, and welfare of the members of the Tribe residing on the Reservation, or to members of the general public operating vehicles within the external boundaries of the Reservation.

At a minimum a motor vehicle must have working headlights, tail lamps, wipers, muffler, exhaust system, driver side mirror, windshield, and horn.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator violated this provision, the operator of the vehicle shall pay a judgment of at least twenty-five dollars ($25.00) but shall not be subject to judgment in excess of one hundred dollars ($100.00).

(g) BUSES AND EMERGENCY VEHICLES

(1) School bus safety. The driver of a vehicle upon a public highway, street or private road upon meeting or overtaking from either direction any school bus marked and equipped with flashing lights which has stopped on the public highway, street or private road for the purpose of receiving or discharging any passengers, or which has stopped because a school bus in front of it has stopped to receive or discharge any passengers, shall stop the vehicle before reaching such school bus when there is in operation on said school bus a red visual signal and said driver shall not proceed until such school bus resumes motion, or until signaled by the driver or a Tribal police officer to proceed. For the purposes of Section 3.01.040 the term "public highway" shall mean any area used for the parking of motor vehicles or used as a driveway located on the grounds of any area used as a means of access to and egress from such school or facility.

(2) Emergency Vehicles. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted flashing red light visible under normal conditions from a distance of five hundred (500') feet to the front of such vehicle and when audible signals are sounded from any said vehicle by siren, exhaust, whistle, bell, air-horn or electronic equivalent; the driver of every other 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 or clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer. Section 3.01.040 shall not relieve the driver of an authorized emergency vehicle from the duty to drive with reasonable care for all persons using the highway.

Upon a finding by the Saint Regis Mohawk Tribal Court, Traffic Court Division, that an operator violated this provision, the operator of the motor vehicle shall pay a judgment of at least fifty dollars ($50.00) but shall not be subject to judgment in excess of one thousand dollars ($1,000.00).

(h) LIABILITY OF OWNER, OPERATOR, OR LESSEE

(1) The owner, operator or lessee of any motor vehicle may be prosecuted jointly or individually for violating any provision of this chapter.

(2) Whenever a violation occurs or is observed, proof of the registration number of any motor vehicle therein concerned shall be prima facie evidence in any action or in any action based on an infraction that the owner was the operator thereof, except in the case of a leased or rented motor vehicle. For leased vehicles proof of registration shall be prima facie evidence in any action that the lessee was the operator thereof.

(3) Rights of other drivers. Furthermore, nothing contained within this chapter shall be so construed as to prevent any person or entity from petitioning the Saint Regis Mohawk Tribal Court, Traffic Court Division or Tribal Court against an operator, owner, or lessee of a motor vehicle or ORV for damages caused by the negligent or illegal operation of a motor vehicle.