Coquille - Rules of the Road (Duties to Pedestrians & Bicycles)

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ADDENDUM TO COQUILLE INDIAN TRIBE TRAFFIC ORDINANCE

COQUILLE INDIAN TRIBE RULES OF THE ROAD

DUTIES TO PEDESTRIANS AND BICYCLES

675A.005 Duty to exercise due care

None of the provisions of the vehicle code relieve a pedestrian from the duty to exercise due care or relieve a driver from the duty to exercise due care concerning pedestrians.

675A.010 Failure to yield to pedestrian in crosswalk; penalty.

1. The driver of a vehicle commits the offense of failure to yield to a pedestrian in a crosswalk if:

(a) A pedestrian is crossing a roadway within a marked or unmarked crosswalk where there are no traffic control devices in place or in operation; and

(b) The driver does not stop before entering the crosswalk and yield the right of way to the pedestrian when the pedestrian is:

(1) Approaching so closely to the half of the roadway along which the driver is proceeding so as to be in a position of danger by closely approaching or reaching the center of the roadway; or

(2) On the half of the roadway on and along which the driver is proceeding.

2. This section does not require a driver to stop and yield the right of way to a pedestrian under any of the following circumstances:

(a) Upon a roadway with a safety island, if the driver is proceeding along the half of the roadway on the far side of the safety island from the pedestrian; or

(b) Where a pedestrian tunnel or overhead crossing has been provided at or near a crosswalk.

3. The offense described in this section, failure to yield to a pedestrian in a crosswalk, is a traffic infraction.

675A.015 Failure to obey traffic patrol member; penalty

1. The driver of a vehicle commits the offense of failure to obey a traffic patrol member if:

(a) A traffic patrol member makes a cautionary sign or signal to indicate that students have entered or are about to enter the crosswalk under the traffic patrol member’s direction; and

(b) The driver does not stop and yield the right of way to students who are in or entering the crosswalk from either direction on the street on which the driver is operating.

2. Traffic patrol members described in this section are those appointed by a school or by the Tribe to protect pupils in their crossing of streets or highways on their way to or from the school by directing the pupils or by cautioning vehicle operators.

3. The offense described in this section, failure to obey a traffic patrol member, is a traffic infraction.

675A.020 Passing a stopped vehicle at crosswalk; penalty

1. The driver of a vehicle commits the offense of passing a stopped vehicle at a crosswalk if the driver:

(a) Approaches from the rear another vehicle that is stopped at a marked or unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway; and

(b) Overtakes and passes the stopped vehicle.

2. The offense described in this section, passing a stopped vehicle at a crosswalk, is a traffic infraction.

675A.025 Failure to yield to pedestrian on sidewalk; penalty

1. The driver of a vehicle commits the offense of failure to yield to a pedestrian on the sidewalk if the driver does not yield the right of way to any pedestrian on a sidewalk.

2. The offense described in this section, failure to yield to a pedestrian on a sidewalk, is a traffic infraction.

675A.030 Driving through safety zone; penalty

1. The driver of a vehicle commits the offense of driving through a safety zone if the driver at any time drives through or within any 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.

2. The offense described in this section, driving through a safety zone, is a traffic infraction.

675A.035 Failure to yield to blind pedestrian; penalty

1. The driver of a vehicle commits the offense of failure to yield the right of way to a blind pedestrian if the driver violates any of the following:

(a) A driver approaching a blind or blind and deaf pedestrian carrying a white cane or accompanied by a dog guide, who is crossing or about to cross a roadway, shall yield the right of way to the blind or blind and deaf pedestrian and shall continue to yield the right of way to the blind or blind and deaf pedestrian.

(b) Where the movement of vehicular traffic is regulated by traffic control devices, a driver approaching a blind or blind and deaf pedestrian shall yield the right of way to the pedestrian and stop or remain stationary until the pedestrian has vacated the roadway if the blind or blind and deaf pedestrian has entered the roadway and is carrying a white cane or is accompanied by a dog guide. This paragraph applies notwithstanding any other provisions of the vehicle code relating to traffic control devices.

2. This section is subject to the provisions and definitions of applicable law relating to the rights of pedestrians who are blind or blind and deaf.

3. The offense described in this section, failure to yield the right of way to a blind pedestrian, is a traffic infraction.

675A.040 Failure to yield to pedestrian proceeding under traffic control devices; penalty.

1. The driver of a vehicle commits the offense of failure to yield to a pedestrian proceeding under traffic control devices if the driver does not yield the right of way to a pedestrian who is:

(a) Proceeding under a pedestrian control signal.

(b) Lawfully within an intersection or crosswalk in accordance with any traffic control device in a manner that complies with applicable law.

2. The offense described in this section, failure to yield to a pedestrian proceeding under traffic control devices, is a traffic infraction.

675A.045 Failure to yield to pedestrian when making turn at stop light; penalty.

1. A person commits the offense of failure to yield to a pedestrian when making a turn at a stop light if the person is driving a vehicle that is making a turn at a red light permitted under 675A.335 and the person does not yield the right of way to pedestrians lawfully within an adjacent crosswalk.

2. The offense described in this section failure to yield to a pedestrian when making a turn at a stop light, is a traffic infraction.

675A.050 Failure to yield to rider on bicycle lane.

1. A person commits the offense of failure of a motor vehicle operator to yield to a rider on a bicycle lane if the person is operating a motor vehicle and the person does not yield the right of way to a person operating a bicycle, electric assisted bicycle, moped or motorized wheelchair upon a bicycle lane.

2. This section does not require persons operating mopeds to yield the right of way to bicycles if the mopeds are operated on bicycle lanes in the manner permitted under 675A.440.

3. The offense described in this section, failure of a motor vehicle operator to yield to a rider on a bicycle lane, is a traffic infraction.

675A.055 Failure to yield to bicyclist on sidewalk.

1. The driver of a motor vehicle commits the offense of failure to yield the right of way to a bicyclist on a sidewalk if the driver does not yield the right of way to any bicyclist on a sidewalk.

2. The driver of a motor vehicle is not in violation of this section when a bicyclist is operating in violation of the applicable law governing bicyclists. Nothing in this subsection relieves the driver of a motor vehicle from the duty to exercise due care.

3. The offense described in this section, failure to yield the right of way to a bicyclist on a sidewalk, is a traffic infraction.

675A.060 Failure to wear protective bicycle headgear.

1. A person commits the offense of failure to wear protective headgear if they are a rider or operator of a bicycle under the age of sixteen (16) years of age and do not wear such headgear.

2. A child under the age of eleven (11) years, in violation of this section, requires that the citation shall be issued to the parent.

3. An exemption from the requirement of wearing protective headgear is made if the requirement violates a religious belief or practice, or is required as a medical condition, with a written notice of such requirement by the appropriate medical authority.

SPEED

(Basic Rule)

675A.100 Violation of basic speed rule; penalty.

1. A person commits the offense of violating the basic speed rule if the person drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to all of the following:

(a) The traffic.

(b) The surface and width of the highway.

(d) Weather.

(e) Visibility.

(f) Any other conditions then existing.

2. The following apply to the offense described in this section:

(a) The offense is as applicable on an alley as on any other highway.

(b) Speeds that are prima facie evidence of violation of this section are established by 675A.105.

(c) This section and 675A.105 establish limitation on speeds that are in addition to maximum speeds established and subject to penalty as described in the following:

(1) Maximum speeds for motor trucks and passenger transport vehicles under 675A.115.

(2) A maximum speed limit for rural interstate highways under 675A.112.

(3) A maximum speed limit in an urban area under 675A.123.

3. The offense described in this section, violating the basic speed rule, is a traffic infraction.

675A.105 Speeds that are evidence of basic rule violation.

Any speed in excess of any of the following designated speeds is prima facie evidence of violation of the basic speed rule under 675A.100:

1. Any speed posted in accordance with applicable law.

2. If no speed is posted, any speed in excess of one of the following designated speeds is prima facie evidence of violation of the basic speed rule:

(a) Fifteen miles per hour when driving on an alley.

(b) Twenty miles per hour in a business district.

(c) Twenty miles per hour when passing school grounds or a school crosswalk if notice of the grounds or crosswalk is indicated plainly by traffic control devices conforming to the requirements established under and posted under applicable law and:

(1) Children are present, as described in 675A.124; or

(2) A flashing light used as a traffic control device and operated under 675A.106 indicates that children may be arriving at or leaving school.

(d) Twenty‑five miles per hour in any public park.

(e) Twenty‑five miles per hour on a highway in a residence district if:

(1) The residence district is not located within a city or within an urban growth boundary that is in a county with a population greater than 100,000; and

(2) The highway is neither an arterial nor a collector highway.

(f) Sixty‑five miles per hour on any rural interstate highway.

(g) Fifty‑five miles per hour in locations not otherwise described in this section.

675A.106 Operation of flashing light indicating children in school zone.

A flashing light used as a traffic control device to indicate that children may be arriving at or leaving school that is operated to give notice under 675A.105, 675A.123 or 675A.235 shall be operated only at times when children are scheduled to arrive at or leave the school.

675A.108 Relationship between speed limits and basic rule.

1. The federal maximum speed limit, the maximum speed limit for motor trucks and passenger transport vehicles and the maximum speed limit for rural interstate highways do not authorize speeds higher than those required for compliance with the basic speed rule.

2. The basic speed rule does not authorize speeds higher than those established by the federal maximum speed limit, the maximum speed limit for motor trucks and passenger transport vehicles or the maximum speed limit for rural interstate highways.

(Maximum Speeds)

675A.109 Penalties for speed limit violations.

Violation of a specific speed limit imposed under law or of a posted speed limit is punishable pursuant to CITC 675.410.

675A.112 Violation of maximum speed for rural interstate highways.

1. A person commits the offense of violating the maximum speed limit for rural interstate highways if the person operates a vehicle on a rural interstate highway at a speed greater than 65 miles per hour.

2. The speed limit described in this section does not authorize the driver of a motor truck or passenger transport vehicle to exceed the maximum speed for trucks and passenger transport vehicles established by 675A.115.

3. The offense described in this section, violating the maximum speed limit for rural interstate highways, is punishable as provided in 675A.109.

675A.115 Violation of maximum speed for trucks and passenger‑transport vehicles.

1. A person commits the offense of violation of the maximum speed for motor trucks and passenger transport vehicles if the person drives any of the following vehicles at a speed greater than 55 miles per hour on any highway:

(a) A motor truck with a loaded weight of more than 8,000 pounds.

(b) A school bus.

(d) A worker transport bus.

(e) A bus operated for transporting children to and from church or an activity or function authorized by a church.

(f) Any vehicle used in the transportation of persons for hire by a nonprofit entity.

2. This section does not apply to ambulances.

3. The offense described in this section, violation of maximum speed for motor trucks and passenger transport vehicles, is punishable as provided in 675A.109.

675A.123 Violation of maximum speed limit in urban area.

1. A person commits the offense of violating a maximum speed limit in an urban area if the person drives a vehicle upon a highway in any city or upon a highway within an urban growth boundary that is in a county with a population greater than 100,000 at a speed greater than any speed posted by lawful authority or, if no speed is posted, the following:

(a) Fifteen miles per hour when driving on an alley.

(b) Twenty miles per hour in a business district.

(c) Twenty miles per hour when passing school grounds or a school crosswalk if notice of the grounds or crosswalk is indicated plainly by traffic control devices and posted under applicable law and:

(1) Children are present, as described in 675A.124; or

(2) A flashing light used as a traffic control device and operated under 675A.106 indicates that children may be arriving at or leaving school.

(d) Twenty‑five miles per hour in any public park.

(e) Twenty‑five miles per hour on a highway in a residence district if the highway is not an arterial highway.

(f) Sixty‑five miles per hour on any rural interstate highway.

(g) Fifty‑five miles per hour in locations not otherwise described in this section.

2. This section does not authorize speeds higher than those required for compliance with the basic speed rule.

3. The offense described in this section, violating a maximum speed limit in an urban area, is punishable as provided in 675A.109.

675A.124 Meaning of "children are present" in 675A.105 and 675A.123.

For purposes of provisions of 675A.105 and 675A.123 dealing with permissible speeds when passing school grounds or a school crosswalk, children are present at any time and on any day when children are in a place where they are or can reasonably be expected to be visible to a person operating a motor vehicle that is passing a school ground or a school crosswalk.

(Racing)

675A.125 Speed racing on highway; penalty.

1. A person commits the offense of speed racing on a highway if, on a highway in this jurisdiction, the person drives a vehicle or participates in any manner in any of the following in which a vehicle is involved:

(a) A speed competition or contest.

(b) An acceleration contest.

(d) An exhibition of speed or acceleration.

(e) The making of a speed record.

(f) A race. For purposes of this paragraph, racing is the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles or to test the physical stamina or endurance of drivers over long distance driving routes.

(g) A drag race. For purposes of this paragraph, drag racing is 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 to the same point for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles within a certain distance or time limit.

2. The offense described in this section, speed racing on a highway, is a traffic infraction and is applicable on any premises open to the public.

(Impeding Traffic)

675A.130 Impeding traffic; penalty.

1. A person commits the offense of impeding traffic if the person drives a motor vehicle or a combination of motor vehicles in a manner that impedes or blocks the normal and reasonable movement of traffic.

2. A person is not in violation of the offense described under this section if the person is proceeding in a manner needed for safe operation.

3. Proceeding in a manner needed for safe operation includes but is not necessarily limited to:

(a) Momentarily stopping to allow oncoming traffic to pass before making a right‑hand or left‑hand turn.

(b) Momentarily stopping in preparation of, or moving at an extremely slow pace while, negotiating an exit from the road.

4. A person is not in violation of the offense described under this section if the person is proceeding as part of a funeral procession under the direction of a funeral escort vehicle or a funeral lead vehicle.

5. The offense described in this section, impeding traffic, is a traffic infraction.

CARELESS DRIVING

675A.135 Careless driving; penalty.

1. A person commits the offense of careless driving if the person drives any vehicle upon a highway or other premises described in this section in a manner that endangers or would be likely to endanger any person or property.

2. The offense described in this section, careless driving, applies on any premises open to the public and is a traffic infraction.

SPECIAL SAFETY MEASURES

675A.145 Failure to yield to emergency vehicle or ambulance; penalty.

1. A person commits the offense of failure to yield to an emergency vehicle or ambulance if an ambulance or emergency vehicle that is using a visual or audible signal in a manner described under applicable law approaches the vehicle the person is operating and that person does not do all of the following:

(a) Yield the right of way to the ambulance or emergency vehicle.

(b) Immediately drive to a position as near as possible and parallel to the righthand edge or curb of the roadway clear of any intersection.

2. A person is not in violation of this section if the person is acting as otherwise directed by a police officer.

3. This section does not relieve the driver of an emergency vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway, nor does this section protect the driver of any such vehicle from the consequence of an arbitrary exercise of the right of way granted under this section.

4. The offense described in this section, failure to yield to an emergency vehicle or ambulance, is a traffic infraction.

675A.150 Interference with emergency vehicle or ambulance; penalty.

1. A person commits the offense of interference with an emergency vehicle or ambulance if the person does any of the following:

(a) Drives a vehicle following at a distance closer than 500 feet of any emergency vehicle or ambulance that is traveling in response to a fire alarm or emergency.

(b) Drives or parks a vehicle in a manner that interferes with the emergency vehicle or ambulance responding to a fire alarm or emergency.

(c) Drives over an unprotected hose of a fire department laid down on any highway, private road or driveway to be used at any fire, alarm of fire or emergency.

2. The following exemptions apply to this section:

(a) Nothing in this section prohibits a driver of an emergency vehicle or ambulance from following within 500 feet of an emergency vehicle or ambulance traveling in response to a fire alarm or emergency or from driving into or parking a vehicle in the area or vicinity where such vehicles have stopped in response to an alarm or emergency.

(b) Nothing in this section prevents any person from driving over an unprotected hose of a fire department if the person first obtains the permission of a fire department official or police officer at the scene of the fire, alarm of fire or emergency.

3. The offense described in this section, interference with an emergency vehicle or ambulance, is a traffic infraction.

675A.155 Failure to stop for bus safety lights; penalty.

1. A driver commits the offense of failure to stop for bus safety lights if the driver meets or overtakes from either direction any vehicle that is stopped on a roadway and that is operating red bus safety lights and the driver does not:

(a) Stop before reaching the vehicle; and

(b) Remain standing until the bus safety lights are no longer operating.

2. The following apply to the offense described in this section:

(a) The offense described in this section does not apply if the vehicle operating the bus safety lights is not permitted to operate red bus safety lights.

(b) A driver need not comply with this section if the vehicle operating red bus safety lights is stopped on a different roadway.

3. The offense described in this section, failure to stop for bus safety lights, is a traffic infraction.

675A.157 Report by driver of violation of 675A.155; contents.

1. The driver of a school bus, worker transport bus or a bus issued a permit under applicable law may report a violation of 675A.155 to the Coquille Tribal Police having jurisdiction over the area where the violation is alleged to have occurred.

2. A report under subsection (1) of this section shall be made within 72 hours of the alleged violation and shall contain:

(a) The date and time of day of the alleged violation;

(b) The name of the street on which the bus was traveling at the time of the alleged violation and either the approximate address or the name of the closest intersecting street;

(c) The direction in which the bus was traveling and the direction in which the vehicle alleged to have committed the violation was traveling;

(d) The weather conditions, including visibility, at the time of the alleged violation; and

(e) The following information about the vehicle alleged to have committed the violation:

(1) Number and state of issuance of the registration plate; and

(2) Whether the vehicle is a sedan, station wagon, van, truck, bus, motorcycle or other type of vehicle.

3. In addition to the information required by subsection (2) of this section, the report may contain any other identifying information, including but not limited to color of the vehicle, that the reporting bus driver has about the vehicle or the driver of the vehicle alleged to have committed the violation.

675A.159 Coquille Tribal Police response to report of violation of 675A.155.

Upon receipt of a report containing the information required by 675A.157 (2), the Coquille Tribal Police shall determine the name and address of the registered owner of the vehicle and shall send the registered owner a letter informing the owner that the vehicle was observed violating 675A.155. The letter shall include, at a minimum, information from the report filed under 675A.157 specifying the time and place of the alleged violation.

675A.165 Failure to stop for passenger loading of public transit vehicle; penalty.

1. A person commits the offense of failure to stop for passenger loading of a public transit vehicle if the person is the driver of a vehicle overtaking a public transit vehicle described in this section that is stopped or about to stop for the purpose of receiving or discharging any passenger and the person does not:

(a) Stop the overtaking vehicle to the rear of the nearest running board or door of the public transit vehicle; and

(b) Keep the vehicle stationary until all passengers have boarded or alighted therefrom and reached a place of safety.

2. The following described vehicles are the public transit vehicles that the requirements of this section are applicable to:

(a) Commercial buses.

(b) Trolleys.

(c) Streetcars, including every device traveling exclusively upon rails when upon or crossing a street, other than cars or trains propelled or moved by steam engine or by diesel engine.

3. A person is not in violation of this section if the person passes a public transit vehicle:

(a) Upon the left of any public transit vehicle described in this section on a one-way street; or

(b) At a speed not greater than is reasonable and proper and with due caution for the safety of pedestrians when:

(1) The public transit vehicle has stopped at the curb; or

(2) Any area or space has been officially set apart within the roadway for the exclusive use of pedestrians and the area or space is so protected or marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

4. The offense described in this section, failure to stop for passenger loading of public transit vehicle, is a traffic infraction.

675A.167 Failure to yield right of way to transit bus; rules; penalty.

1. A person commits the offense of failure to yield the right of way to a transit bus entering traffic if the person does not yield the right of way to a transit bus when:

(a) A yield sign as described in subsection (2) of this section is displayed on the back of the transit bus;

(b) The person is operating a vehicle that is overtaking the transit bus from the rear of the transit bus; and

(c) The transit bus, after stopping to receive or discharge passengers, is signaling an intention to enter the traffic lane occupied by the person.

2. The yield sign referred to in subsection (1)(a) of this section shall warn a person operating a motor vehicle approaching the rear of a transit bus that the person must yield when the transit bus is entering traffic. The yield sign shall be illuminated by a flashing light when the bus is signaling an intention to enter a traffic lane after stopping to receive or discharge passengers.

3. This section does not relieve a driver of a transit bus from the duty to drive with due regard for the safety of all persons using the roadway.

4. As used in this section, "transit bus" means a commercial bus operated by a Tribe, a city, a mass transit district or a transportation district.

5. The offense described in this section, failure to yield the right of way to a transit bus entering traffic, is a traffic infraction.

OPEN CONTAINER VIOLATIONS

675A.170 Violation of open container law; penalty.

1. A person commits the offense of violation of the open container law in a motor vehicle if the person does any of the following:

(a) Drinks any alcoholic liquor in a motor vehicle when the vehicle is upon a highway.

(b) Possesses on one's person, while in a motor vehicle upon a highway, any bottle can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed.

(c) Keeps in a motor vehicle when the vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed. The following apply to this paragraph:

(1) This paragraph applies only to the registered owner of any motor vehicle or, if the registered owner is not then present in the vehicle, to the driver of the vehicle.

(2) This paragraph does not apply if the bottle, can or other receptacle is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk.

(3) For purposes of this paragraph, a utility compartment or glove compartment is considered within the area occupied by the driver and passengers.

(4) This paragraph does not apply to the living quarters of a camper or motor home.

2. The offense described in this section does not apply to a motor vehicle operated by a publicly owned transit system or a motor vehicle operated by a common carrier and used primarily to carry passengers for hire.

3. The offense described in this section, violation of the open container law in a motor vehicle, is a traffic infraction.

DRIVING WHILE SUSPENDED

OR REVOKED

675A.175 Driving while suspended or revoked; penalties.

1. A person commits the offense of driving while suspended or revoked if the person does any of the following:

(a) Drives a motor vehicle upon a highway during a period when the person's driving privileges or right to apply for driving privileges have been suspended or revoked.

(b) Drives a motor vehicle outside the limitations of a probationary permit or a hardship driver permit, including any limitations placed on the permit.

(c) Drives a commercial motor vehicle upon a highway during a period when the person's commercial driver license has been suspended, regardless of whether or not the person has other driving privileges.

2. Affirmative defenses to the offense described in this section are established under 675A.180.

3. The offense described in this section is applicable upon any premises open to the public.

4. The offense described in this section, infraction driving while suspended or revoked, is a traffic infraction.

675A.180 Affirmative defenses.

The following establishes affirmative defenses in prosecutions for driving while suspended or revoked in violation of 675A.175 and describes when the affirmative defenses are not available:

1. In addition to other defenses provided by law, it is an affirmative defense to the offense described in 675A.175 that:

(a) An injury or immediate threat of injury to a human being or animal, and the urgency of the circumstances made it necessary for the defendant to drive a motor vehicle at the time and place in question; or

(b) The defendant had not received notice of the defendant's suspension or revocation or been informed of the suspension or revocation by a trial judge who ordered a suspension or revocation of the defendant's driving privileges or right to apply.

2. The affirmative defenses described in subsection (1)(b) of this section are not available to a defendant under the circumstances described in this subsection. Any of the evidence specified in this subsection may be offered in the prosecution's case in chief. This subsection applies if any of the following circumstances exist:

(a) The defendant refused to sign a receipt for the certified mail containing the notice of suspension or revocation.

(b) The notice of suspension or revocation could not be delivered to the defendant because the defendant failed to comply with the requirements under applicable law to notify any applicable state motor vehicle licensing agency of a change of address or residence.

(c) At a previous court appearance, the defendant had been informed by a trial judge that the judge was ordering a suspension or revocation of the defendant's driving privileges or right to apply.

(d) The defendant had actual knowledge of the suspension or revocation by any means prior to the time the defendant was stopped on the current charge.

(e) The defendant was provided with notice of intent to suspend.

DRIVER OFFENSES INVOLVING

PASSENGERS

675A.190 Operation with obstructing passenger; penalty.

1. A person commits the offense of driver operation with obstructing passenger if the person is operating a vehicle when another person is in the operator's lap or in the operator's embrace.

2. The offense described in this section, driver operation with obstructing passenger, is a traffic infraction.

675A.195 Having passenger in trailer; penalty.

1. A person commits the offense of having a passenger in a trailer if the person operates a vehicle on a highway while towing any type of trailer that contains a passenger.

2. This section does not apply if the person is operating any of the following vehicles:

(a) A commercial bus trailer.

(b) An independently steered trailer.

(1) Safety glazing materials wherever there are windows or doors with windows on the vehicle.

(2) An auditory or visual signaling device that a passenger inside the vehicle can use to gain the attention of the motor vehicle driver towing the vehicle.

(3) At least one unobstructed exit capable of being opened from both the interior and exterior of the vehicle.

3. The offense described in this section, passenger in trailer, is a traffic infraction.

675A.200 Carrying dog on external part of vehicle; penalty.

1. A person commits the offense of carrying a dog on the external part of a vehicle if the person carries a dog upon the hood, fender, running board or other external part of any automobile or truck that is upon a highway unless the dog is protected by framework, carrier or other device sufficient to keep it from falling from the vehicle.

2. The offense described in this section, carrying dog on external part of vehicle, is

a traffic infraction.

675A.205 Carrying child on external part of vehicle; penalty.

1. A person commits the offense of carrying a child on an external part of a motor vehicle if the person carries any child upon the hood, fender, running board or other external part of any motor vehicle that is upon a highway.

2. The offense described in this section, carrying a child on an external part of a motor vehicle, is a traffic infraction.

675A.210 Failure to use safety belts; child safety systems; penalty.

1. A person commits the offense of failure to use safety belts if the person:

(a) Operates a motor vehicle on a highway and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section;

(b) Operates a motor vehicle on a highway with a passenger who is under 16 years of age and the passenger is not properly secured with a child safety system, safety belt, or safety harness as required by subsection (2) of this section; or

(c) Is a passenger in a motor vehicle on a highway who is 16 years of age or older and who is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.

2. To comply with this section:

(a) A person who is under four years of age and weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by applicable law for child safety systems designed for children weighing 40 pounds or less; or

(b) A person who is at least four years of age or weighs more than 40 pounds must be properly secured with a safety belt or safety harness that meets the requirements of applicable law.

3. The offense described in this section, failure to use safety belts, is a traffic infraction.

675A.212 Child safety campaign

The Coquille Indian Tribe supports the safety campaign to educate people concerning the use of safety seats, safety belts and other safety approved devices for protecting children riding in vehicles.

675A.215 Exemptions from safe