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Updated through the 2005 Supplementary Pamphlet
Chapter 1 - Vehicle and Traffic Law
Chapter 2 - Operators' Licenses
Chapter 3 - Equipment
Chapter 4 - Jurisdiction and Procedure
Chapter 5 - General Provisions
Chapter 6 - Motor Vehicle Antitheft Act
Chapter 7 - Vehicle Highway Use
Chapter 8 - Traffic Control and Highway Safety
Chapter 9 - Snowmobiles and All-Terrain Vehicles
Chapter 10 - Miscellaneous
CHAPTER 1. VEHICLE AND TRAFFIC LAW
Section 1. Definitions
Terms used in this chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the Tribal Council:
1. "Agricultural Tractor" means a tractor or other form of nonmuscular motive power used for transporting, hauling, plowing, cultivating, planting, harvesting, reaping or other agricultural purposes on any farm or other private property, or used for the purpose of transporting, from one farm to another, agricultural implements and farm products, provided the agricultural tractor is not used on any tribal highway for transporting a pay load or for some other commercial purpose;
2. "Apparent Candle Power" means an illumination equal to the normal illumination in foot candles produced by any lamp or lamps, divided by the square of the distance in feet between the lamp or lamps and the point at which the measurement is made;
3. "Authorized Emergency Vehicle" means (a) a fire department vehicle, (b) a police vehicle or (c) a public service company or municipal department ambulance or emergency vehicle designated or authorized for use as an authorized emergency vehicle by the tribe or the state of Connecticut or the towns of Ledyard, North Stonington or Preston;
4. "Auxiliary Driving Lamp" means an additional lighting device on a motor vehicle used primarily to supplement the general illumination in front of a motor vehicle provided by the motor vehicle's head lamps;
5. "Bulb" means a light source consisting of a glass bulb containing a filament or substance capable of being electrically maintained at incandescence;
6. "Camp Trailer" includes any trailer designed and used exclusively for camping or recreational purposes;
7. "Camper" means any motor vehicle designed or permanently altered in such a way as to provide temporary living quarters for travel, camping or recreational purposes;
8. "Combination Registration" means the type of registration issued to a motor vehicle used for both private passenger and commercial purposes if such vehicle does not have a gross vehicle weight in excess of 10,000 pounds;
9. "Commercial Driver's License" or "CDL" means a license issued to an individual in accordance with the laws of the issuing state or jurisdiction, which authorizes such individual to drive a commercial motor vehicle;
10. "Commercial Motor Vehicle" means a vehicle designed or used to transport passengers or property, except a vehicle used within 150 miles of a farm in connection with the operation of such farm, fire fighting apparatus or other authorized emergency vehicles, or a recreational vehicle in private use, which (a) has a gross vehicle weight rating of 26,001 or more; (b) is designed to transport 16 or more passengers, including the driver, or is designed to transport more than 10 passengers, including the driver, and is used to transport students under the age of 21 years to and from school; or (c) is transporting hazardous materials and is required to be placarded in accordance with the Code of Federal Regulations Title 49, Part 172, Subpart F, as amended;
11. "Commercial Registration" means the type of registration required for any motor vehicle designed or used to transport merchandise, freight or persons in connection with any business enterprise, unless a more specific type of registration is authorized and issued by the commissioner of the state or jurisdiction of origin for such class of vehicle;
12. "Commercial Trailer" means a trailer used in the conduct of a business to transport freight, materials or equipment whether or not permanently affixed to the bed of the trailer;
13. "Commissioner" includes the Commissioner of Motor Vehicles of the issuing state or jurisdiction and his duly authorized designee;
14 "Controlled Substance" has the same meaning as in the Federal Controlled Substances Act, 21 U.S.C. §801 et. seq.;
15. "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated;
16. "Dealer" includes any person actively engaged in buying, selling or exchanging motor vehicles or trailers who has an established place of business in this jurisdiction and who may, incidental to such business, repair motor vehicles or trailers, or cause them to be repaired by persons in his employ;
17. "Disqualification" means a withdrawal of the privilege to drive a commercial motor vehicle, which occurs as a result of (a) any suspension or revocation by a state agency of the privilege to operate a motor vehicle; (b) a determination by the Federal Highway Administration, under the rules of practice for motor carrier safety contained in the Code of Federal Regulations Title 49, Part 386, as amended, that a person is no longer qualified to operate a commercial motor vehicle under the standards of the Code of Federal Regulations Title 49, Part 391, as amended; or (c) the loss of qualification which automatically follows any of the convictions specified by the issuing state or jurisdiction;
18. "Drive" means to drive, operate or be in physical control of a motor vehicle, including a motor vehicle being towed by another;
19. "Driver" means any person who drives, operates or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver's license;
20. "Driver's License" or "Operator's License" means a valid motor vehicle operator's license issued by a state or foreign jurisdiction authorizing the holder thereof to operate a motor vehicle on the highways of any state or foreign jurisdiction;
21. "Employee" means any operator of a commercial motor vehicle, including full-time, regularly employed drivers, casual, intermittent or occasional drivers, drivers under contract and independent, owner-operator contractors, who, while in the course of operating a commercial motor vehicle, are either directly employed by, or are under contract to, an employer;
22. "Employer" means any person, including the United States, a state or any political subdivision thereof, who owns or leases a commercial motor vehicle, or assigns a person to drive a commercial motor vehicle;
23. "Fine Schedule" means a schedule of fines adopted by the Mashantucket Pequot Public Safety Committee and approved by the Mashantucket Pequot Tribal Council as it may be amended from time to time by the Public Safety Committee;
24. "Felony" means any offense as defined in Conn. Gen. Stat. §53a-25 (1969) and includes any offense designated as a felony under federal law;
25. "Foreign Jurisdiction" means any jurisdiction other than the Mashantucket Pequot Tribal Nation;
26. "Fuels" means (a) all products commonly or commercially known or sold as gasoline, including casing head and absorption or natural gasoline, regardless of their classification or uses, (b) any liquid prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, which, when subjected to distillation in accordance with the standard method of test for distillation of gasoline, naphtha, kerosene and similar petroleum products by "American Society for Testing Materials Method D-86", shows not less than 10% distilled (recovered) below 347 Fahrenheit (175 Centigrade) and not less than 95% distilled (recovered) below 464 Fahrenheit (240 Centigrade); provided the term "fuels" shall not include commercial solvents or naphthas which distill, by "American Society for Testing Materials Method D-86", not more than 9% at 176 Fahrenheit and which have a distillation range of 150 Fahrenheit, or less, or liquefied gases which would not exist as liquids at a temperature of 60 Fahrenheit and a pressure of 14.7 pounds per square inch absolute, and (c) any liquid commonly referred to as "gasohol" which is prepared, advertised, offered for sale or sold for use, or commonly and commercially used, as a fuel in internal combustion engines, consisting of a blend of gasoline and a minimum of 10% by volume of ethyl or methyl alcohol;
27. "Gaming Enterprise" means Foxwoods Resort\Casino and all associated parking and roadways used by employees or customers of Foxwoods.
28. "Gaming Enterprise Management" means the CEO and\or the senior management of Foxwoods Resort Casino.
29. "Garage" includes every place of business where motor vehicles are, for compensation, received for housing, storage or repair;
30. "Gross Vehicle Weight Rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle, or its registered gross weight, whichever is greater. The GVWR of a combination (articulated) vehicle commonly referred to as the "gross combination weight rating" or GCWR is the GVWR of the power unit plus the GVWR of the towed unit or units;
31. "Gross Weight" means the light weight of a vehicle plus the weight of any load on the vehicle, provided, in the case of a tractor-trailer unit, "gross weight" means the light weight of the tractor plus the light weight of the trailer or semitrailer plus the weight of the load on the vehicle;
32. "Hazardous Materials" has the same meaning as in Section 103 of the Hazardous Materials Transportation Act, Section 1801 et seq., Title 49, United States Code;
33. "Head Lamp" means a lighting device affixed to the front of a motor vehicle projecting a high intensity beam which lights the road in front of the vehicle so that it can proceed safely during the hours of darkness;
34. "High-Mileage Vehicle" means a motor vehicle having the following characteristics: (a) Not less than three wheels in contact with the ground; (b) a completely enclosed seat on which the driver sits; (c) a single or two cylinder, gasoline or diesel engine or an electric-powered engine; and (d) efficient fuel consumption;
35. "Highway" includes any tribal or other public highway, road, street, avenue, alley, driveway, parkway, place or travel lane, under the control of the Tribe or any political subdivision thereof, dedicated, appropriated or opened to public travel or other use;
36. "Indian" means a member of a Tribe.
37. "Intersecting Highway" includes any public tribal highway which joins another at an angle whether or not it crosses the other;
38. "Light Weight" means the weight of an unloaded motor vehicle as ordinarily equipped and ready for use, exclusive of the weight of the operator of the motor vehicle;
39. "Local Authorities" includes the Tribal Council, Public Safety Committee, Land Use Committee, chief of police, or other officials having authority for the enactment or enforcement of traffic regulations within the reservation;
40. "Maintenance Vehicle" means any vehicle in use by the Tribe or its gaming facilities in the maintenance of tribal highways, private roadways and facilities located within the limits of tribal lands;
41. "Manufacturer" means a person, whether a resident or nonresident, engaged in the business of constructing or assembling motor vehicles of a type required to be registered under Chapter 1, Section 2, who offers the motor vehicles for sale on tribal lands;
42. "Median Divider" means an intervening space or physical barrier or clearly indicated dividing section separating traffic lanes provided for vehicles proceeding in opposite directions;
43. "Minibike" or "Minicycle" means any two or three wheel motorcycle having one or more of the following characteristics: (a)10 inches (254 mm) or less nominal wheel rim diameter; (b) 40 inches or less wheel base; (c) 25 inches or less seat height measured at the lowest point on the top of the seat cushion without rider; (d) a propelling engine having a piston displacement of 50 c.c. or less;
44. "Motor Bus" includes any motor vehicle, except a taxicab, operated in whole or in part on any street or tribal highway in a manner affording a means of transportation by indiscriminately receiving or discharging passengers, or running on a regular route or over any portion of a regular route or between fixed termini;
45. "Motor Home" means a vehicular unit designed to provide living quarters and necessary amenities which are built into an integral part of, or permanently attached to, a truck or van chassis;
46. "Motorcycle" means a motor vehicle, with or without a side car, having not more than three wheels in contact with the ground and a saddle or seat on which the rider sits or a platform on which the rider stands and includes bicycles having a motor attached, except bicycles propelled by means of a helper motor, but does not include a vehicle having a completely or partially enclosed driver's seat and a motor which is not in the enclosed area;
47. "Motor Vehicle" means any vehicle propelled or drawn by any nonmuscular power, except aircraft, motor boats, road rollers, baggage trucks used about railroad stations or other mass transit facilities, electric battery-operated wheel chairs when operated by physically handicapped persons at speeds not exceeding 15 miles per hour, golf carts operated on tribal highways solely for the purpose of crossing from one part of the golf course to another, golf cart type vehicles operated on roads or tribal highways on the grounds of tribal institutions by tribal employees in the performance of their duties, provided said vehicles have been enumerated by the tribal Department of Transportation, agricultural tractors, farm implements, such vehicles as run only on rails or tracks, self-propelled snow plows, snow blowers and lawn mowers, when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour, whether or not the operator rides on or walks behind such equipment, bicycles with helper motors, special mobile equipment, and any other vehicle not suitable for operation on a tribal highway;
48. "Nonresident" means any person whose legal residence is not within the exterior boundaries of tribal lands;
49. "Nonresident Commercial Driver's License" or "Nonresident CDL" means a commercial driver's license issued by a state to an individual who resides in a foreign jurisdiction;
50. "Nonskid Device" means any device applied to the tires, wheels, axles or frame of a motor vehicle for the purpose of increasing the traction of the motor vehicle;
51. "Number Plate" means any sign or marker furnished by a commissioner of motor vehicles or any tribal government on which is displayed the registration number assigned to a motor vehicle by said commissioner or tribal government;
52. "Officer" includes any tribal police officer, constable, sheriff, deputy sheriff, inspector of motor vehicles, state police officer or other official authorized to make arrests or to serve process, provided the officer is in uniform or displays his badge of office in a conspicuous place when making an arrest;
53. "Operator" means any person who operates a motor vehicle or who steers or directs the course of a motor vehicle being towed by another motor vehicle and includes a driver as defined in subsection 19. of this Section;
54. "Out-of-Service Order" means a temporary prohibition against driving a commercial motor vehicle or any other vehicle subject to the federal motor carrier safety regulations enforced by a commissioner of motor vehicles;
55. "Owner" means any person holding title to a motor vehicle, or having the legal right to register the same, including purchasers under conditional bills of sale;
56. "Parked Vehicle" means a motor vehicle in a stationary position within the limits of a tribal highway;
57. "Passenger and commercial motor vehicle" means a motor vehicle used for private passenger and commercial purposes which is eligible for combination registration;
58. "Passenger Motor Vehicle" means a motor vehicle used for the private transportation of persons and their personal belongings, designed to carry occupants in comfort and safety, with not less than 50 % of the total area enclosed by the outermost body contour lines, excluding the area enclosing the engine, as seen in a plan view, utilized for designated seating positions and necessary legroom with a capacity of carrying not more than 10 passengers including the operator thereof;
59. "Passenger Registration" means the type of registration issued to a passenger motor vehicle unless a more specific type of registration is authorized and issued by a commissioner for such class of vehicle;
60. "Person" includes any individual, corporation, limited liability company, association, copartnership, company, firm or other aggregation of individuals but does not include the Tribe or any political subdivision thereof, unless the context clearly states or requires;
61. "Pneumatic Tires" means tires inflated or inflatable with air;
62. "Pole Trailer" means a trailer which is (a) intended for transporting long or irregularly shaped loads such as poles, logs, pipes or structural members, which loads are capable of sustaining themselves as beams between supporting connections, and (b) designed to be drawn by a motor vehicle and attached or secured directly to the motor vehicle by any means including a reach, pole or boom;
63. "Public Safety Committee" means the regulatory committee established by the Mashantucket Pequot Tribal Council.
64. "Public Highway" means a tribal highway;
65. "Recreational Vehicle" includes the camper, camp trailer and motor home classes of vehicles;
66. "Registration" includes the certificate of motor vehicle registration and the number plate or plates used in connection with such registration;
67. "Registration Number" means the identifying number or letters, or both, assigned by a commissioner to a motor vehicle;
68. "Resident" includes any person having a legal residence on tribal lands or any person, firm or corporation owning or leasing a motor vehicle used or operated in intrastate business on tribal lands, or a firm or corporation having its principal office or place of business on tribal lands;
69. "Restrict" means, as the term relates to licenses to operate a motor vehicle, a limitation on the hours that a person may operate a motor vehicle or a restriction on the person's authority to operate a vehicle, for example, "to or from work."
70. "School Bus" means any school bus, as defined in VII M.P.T.L. ch. 7, §53;
71. "Second" violation or "subsequent" violation means an offense committed not more than one year after the date of an arrest which resulted in a previous conviction for a violation;
72. "Semitrailer" means any trailer type vehicle designed and used in conjunction with a motor vehicle so that some part of its own weight and load rests on or is carried by another vehicle;
73. "Service Bus" includes any vehicle except a vanpool vehicle or a school bus designed and regularly used to carry eight or more persons when used in private service for the transportation of persons without charge to the individual;
74. "Service Car" means any motor vehicle used by a manufacturer, dealer or repairer for emergency motor vehicle repairs on the highways of this Tribe, for towing or for the transportation of necessary persons, tools and materials to and from the scene of such emergency repairs or towing;
75. "Shoulder" means that portion of a tribal highway immediately adjacent and contiguous to the travel lanes or main traveled portion of the roadway;
76. "Solid Tires" means tires of rubber, or other elastic material approved by the Commissioner of Transportation, which do not depend on confined air for the support of the load;
77. "Spot Lamp" or "Spot Light" means a lighting device projecting a high intensity beam, the direction of which can be readily controlled for special or emergency lighting as distinguished from ordinary road illumination;
78. "State" means any state, territory or jurisdiction of the United States and the District of Columbia;
79. "State of Origin" means the state or jurisdiction issuing the driver's license, motor vehicle registration or both;
80. "Stop" means complete cessation of movement;
81. "Tail Lamp" means a lighting device affixed to the rear of a motor vehicle showing a red light to the rear and indicating the presence of the motor vehicle when viewed from behind;
82. "Tank Vehicle" means any commercial motor vehicle designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or its chassis which shall include, but not be limited to, a cargo tank and portable tank, as defined in the Code of Federal Regulations Title 49, Section 383.5, as amended, provided it shall not include a portable tank with a rated capacity not to exceed 1,000 gallons;
83. "Taxi" or "Taxicab" means and includes any motor vehicle operated upon any street or tribal highway or on call or demand accepting or soliciting passengers indiscriminately for transportation for hire between such points along streets or tribal highways as may be directed by the passenger or passengers so being transported, provided nothing in this Chapter shall be construed to include, as a taxi or taxicab, a motor bus as defined in VII M.P.T.L. ch. 1, §1, or a motor vehicle in livery service when such motor vehicle is hired for a specific trip or trips and is subject to the direction of the person hiring the same;
84. "Tractor" or "Truck Tractor" means a motor vehicle designed and used for drawing a semitrailer;
85. "Tractor-Trailer Unit" means a combination of a tractor and a trailer or a combination of a tractor and a semitrailer;
86. "Trailer" means any rubber-tired vehicle without motive power drawn or propelled by a motor vehicle;
87. "Travel Lane" means the main traveled portion of a tribal highway. It also includes the main travel portion in, through and around all parking lots and parking garages within the exterior boundaries of tribal lands. All travel lanes are deemed to be public roadways for purposes of law enforcement;
88. "Tribal Council" means the duly elected governing body of the Mashantucket Pequot Tribal Nation;
89. "Tribal Court" means the Mashantucket Pequot Tribal Court;
90. "Tribal Lands" means the settlement lands as defined in 25 U.S.C. 1752(4) but excluding Route 214, Shewville Road and Coachman Pike;
91. "Tribal Nation" means the Mashantucket Pequot Tribal Nation;
92. "Tribe" means an indigenous Indian tribe whose name appears on the list published periodically in the Federal Register as an acknowledged Indian tribe having a government to government relationship with the United States;
93. "Tribal Police" means a sworn officer of the Mashantucket Pequot Tribal Police Department;
94. "Tribal Highway" means any public or private road or any portion thereof that is within Tribal Lands;
95. "Truck" means a motor vehicle designed, used or maintained primarily for the transportation of property;
96. "United States" means the 50 states and the District of Columbia;
97. "Utility Trailer" means a trailer designed and used to transport personal property, materials or equipment, whether or not permanently affixed to the bed of the trailer, with a manufacturer's GVWR of 10,000 pounds or less;
98. "Vanpool Vehicle" includes all motor vehicles, the primary purpose of which is the daily transportation, on a prearranged nonprofit basis, of individuals between home and work, and which: (a) If owned by or leased to a person, or to an employee of the person, or to an employee of a local, state or federal government unit or agency located within tribal lands or within the State of Connecticut, are manufactured and equipped in such manner as to provide a seating capacity of at least seven but not more than fifteen individuals, or (b) if owned by or leased to a regional ride-sharing organization in the state of Connecticut recognized by the Commissioner of Transportation, are manufactured and equipped in such manner as to provide a seating capacity of at least six but not more than 19 individuals;
99. "Vehicle" includes any device suitable for the conveyance, drawing or other transportation of persons or property, whether operated on wheels, runners, a cushion of air or by any other means. The term does not include devices propelled or drawn by human power or devices used exclusively on tracks;
100. "Wrecker" means a vehicle which is registered, designed, equipped and used exclusively for the purposes of towing or transporting wrecked or disabled motor vehicles for compensation.
Section 2. Motor Vehicle Registration Number and Certificate
No motor vehicle shall be operated or towed on any tribal highway, except as otherwise expressly provided, unless it is registered with the commissioner of the state of origin of the vehicle, provided any motor vehicle may be towed for repairs or necessary work if it bears the markers of a licensed and registered dealer, manufacturer or repairman.
Section 3. Presentation of Insurance Identification Card or Policy and Statement
that Minimum Security will be Continuously Maintained Required. Investigation
of Violations
a. For the purposes of this Section and VII M.P.T.L. ch. 7, §§4 and 8, a false statement includes presentation of a false or fraudulent insurance identification card to a tribal police officer. For purposes of this Section, the term "current automobile insurance identification card" includes a permanent card with a future effective date provided the word "renewal" appears in close proximity to the effective date on the card.
b. A person presenting an insurance identification card to a tribal police officer is deemed to have full knowledge and understanding that presentation of the card means the owner of the vehicle so registered has provided and will continuously maintain throughout the registration period the minimum security required by the state of origin.
c. The tribal police shall, upon receiving prima facie evidence of a violation of this Section, immediately forward the information to the Office of the Tribal Prosecutor.
Section 4. Provisions Inapplicable to Certain Vehicles
The provisions of VII M.P.T.L. ch. 1, §3 and VII M.P.T.L. ch. 7, §4 shall not apply to any private passenger motor vehicle registered to the tribal government, federal government or any state or municipality or any such vehicle bearing dealer, repairer, manufacturer, transporter, experimental or junk number plates.
Section 5. Cancelled Registrations. Availability. Stop and Detain Procedures,
when. Removal of Plates. Fees
If any tribal police officer observes a motor vehicle being operated upon a tribal highway, and such motor vehicle is displaying registration number plates identified as cancelled on the list made available by a traffic commissioner of any state, such tribal police officer may stop or detain such vehicle and its occupants and may proceed to issue to the operator a complaint for operating an unregistered motor vehicle, or expired registration if the vehicle is not being operated, in violation of VII M.P.T.L. ch. 1, §2. Such tribal police officer is further authorized to remove the registration number plates from the vehicle and to return them to any branch office of the department of motor vehicles of the state of origin. If any tribal police officer observes a motor vehicle parked in any parking area and such motor vehicle is displaying registration number plates identified as cancelled on the list made available by a traffic commissioner of any state, such tribal police officer is authorized to remove the registration number plates from the vehicle and to return them to any branch office of the department of motor vehicles of the state of origin. If a number plate is identified as cancelled on the list provided by a traffic commissioner of any state and such identification is in error, the Tribe shall indemnify any tribal police officer for any claim for damages made against that individual as a result of his good faith reliance on the accuracy of the list provided by a traffic commissioner of any state regarding the confiscation of number plates. Any cause of action arising from any tribal police officer's good faith reliance on the accuracy of the list provided by the traffic commissioner of any state regarding the confiscation of number plates shall only lie in tribal court.
Section 6. Registration Certificate and Insurance Identification Card to
be Carried in Vehicle
The certificate of registration and any automobile insurance identification card for the vehicle shall be carried in the motor vehicle at all times when it is being operated on a tribal highway, except as otherwise provided by statute. If a vehicle is registered in the name of a lessor, a legible photostatic copy of the certificate of registration or a rental or lease contract which shall
include the vehicle identification number of such vehicle be carried in lieu of the original certificate, provided the original certificate shall be available at all times for inspection at the lessor's usual place of business. If a vehicle is registered as a school bus such copy may be carried in lieu of the original certificate, provided such certificate shall be available at all times for inspection at the school bus owner's usual place of business.
Section 7. Display of Number Plates and Stickers. Return of Number Plates
to Commissioner
a.
(1) Each motor vehicle for which one number plate has been issued shall, while in use or operation upon any tribal highway, display in a conspicuous place at the rear of such vehicle the number plate. Each such motor vehicle shall also display a sticker on the number plate or elsewhere on the vehicle, as a traffic commissioner of a state may direct, denoting the expiration date of the registration, as assigned by the said commissioner.
(2) Each motor vehicle for which two number plates have been issued shall, while in use or operation upon any tribal highway, display in a conspicuous place at the front and the rear of such vehicle the number plates. Each such motor vehicle shall also display a sticker on the rear number plate or elsewhere on the vehicle, as a traffic commissioner of any state may direct, denoting the expiration date of the registration, as assigned by the said commissioner.
b. Such number plates when displayed upon motor vehicles shall be entirely unobscured and the numerals and letters thereon shall be plainly legible at all times. Such number plates shall be horizontal, and shall be fastened so as not to swing and, during the time when a motor vehicle is required to display lights, the rear number plate shall be so illuminated as to be legible at a distance of 50 feet. No plates, devices or attachments may be affixed to the official number plates. Plates, devices or attachments affixed to the number plate holder shall be attached to the rear of the holder in such manner that they will not cover any part of the number plate and that loosening of the device or its attachments will not permit it to fall or move so as to cover any symbols on the face of the number plate. Not more than one number plate shall be displayed on the front or rear of any motor vehicle in operation upon tribal highways; provided any motor vehicle may, upon permission of the commissioner of the state of origin, display more than one number plate in front or rear, subject to such conditions as the commissioner of the state of origin prescribes. If any number plate supplied by the commissioner of the state of origin is lost, or if the registered number thereon becomes mutilated or illegible, the owner of or the person in control of the motor vehicle for which such number plate was furnished shall immediately place a temporary number plate bearing his registration number upon such motor vehicle, which temporary number plate shall conform to the regular number plate and shall be displayed as nearly as possible as herein provided for such regular number plate; and such owner shall, within 48 hours after such loss or mutilation of his number plate, give notice thereof to the commissioner of the state of origin and apply for a new number plate.
c. No person shall willfully damage or destroy any number plate.
CHAPTER 2. OPERATORS' LICENSES
Section 1. Motor Vehicle Operator's License. Learner's Permit. Limited License.
Requirements. Penalty
a. Except as otherwise provided by this Section, no person shall operate a motor vehicle on any tribal highway on which a speed limit has been established until he has obtained a motor vehicle operator's license from his state of origin.
b. A person 18 years of age or older may operate a motor vehicle without a motor vehicle operator's license if:
(1) he has not had a motor vehicle operator's license suspended or revoked in his state of origin; and
(2) he is under the instruction of, and accompanied by, a person who holds a valid instructor's license issued by any state or a person 20 years of age or older who has been licensed to operate, for at least four years preceding the instruction, a motor vehicle of the same class as the motor vehicle being operated and who has not had his motor vehicle operator's license suspended by the commissioner of his state of origin during the four-year period preceding the instruction.
c. No person issued a limited license shall operate:
(1) a motor vehicle in violation of the limitations imposed by such license or,
(2) any motor vehicle other than the motor vehicle for which his right to operate is limited.
d. As used in this Section, the words "motor vehicle" shall not be construed to include "motorcycle."
Section 2. Classification of Operator's License
No person shall operate a motor vehicle in violation of the classification of the license issued to him.
Section 3. Operation of Motor Vehicle Owned by Resident of Foreign Country
Any motor vehicle or trailer owned or operated by a resident of a foreign country, which country adheres to the articles of the "International Convention" held in Paris, April 24, 1926, or amendments thereto, relative to the operation of motor vehicles, may be operated on the highways of this tribal nation without registration, provided such nonresident operator is the holder of an international operator's license and provided such motor vehicle is legally registered in the country of his residence and also bears an international registration.
Section 1. Mechanical Equipment
a. Each motor vehicle and the devices on such vehicle shall be operated, equipped, constructed and adjusted to prevent unnecessary or unusual noise.
b. Each motor vehicle operated by an internal combustion engine shall be equipped, except as hereinafter provided, with a muffler or mufflers designed to prevent excessive, unusual or unnecessary exhaust noise. The muffler or mufflers shall be maintained by the owner in good working order and shall be in use whenever the motor vehicle is operated. No person shall use, on a motor vehicle, a muffler or mufflers lacking interior baffle plates or other effective muffling devices, a gutted muffler, a muffler cutout or a straight exhaust, or any mechanical device which will amplify the noise emitted by the vehicle. No person shall remove all or part of any muffler on a motor vehicle except to repair or replace the muffler or part for the more effective prevention of noise. No person shall use on the exhaust system or tail pipe of a motor vehicle any extension or device which will cause excessive or unusual noise.
c. The engine of every motor vehicle shall be equipped and adjusted to prevent excessive fumes or exhaust smoke.
d. All pipes carrying exhaust gases from the motor shall be constructed of, and maintained with, leak-proof metal. Exhaust pipes shall be directed from the muffler or mufflers toward the rear of the vehicle and shall be approximately parallel with the longitudinal axis of the vehicle and approximately parallel to the surface of the roadway, or shall be directed from the muffler upward to a location above the cab or body of the vehicle so that fumes, gases and smoke are directed away from the occupants of the vehicle. Exhaust pipes on a passenger vehicle shall extend to the extreme rear end of the vehicle's body, not including the bumper and its attachments to the body, or shall be attached to the vehicle in such a way that the exhaust pipes direct the exhaust gases to either side of the vehicle ensuring that fresh ambient air is located under the vehicle at all times.
e. Every motor vehicle, when operated on a tribal highway, shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.
f. No vehicle shall be equipped with, nor shall any person use on a vehicle, any siren, whistle or bell as a warning signal device, except as otherwise permitted by this Section. Any motor vehicle may be equipped with a theft alarm signal device which is so arranged that it cannot be used by the driver as an ordinary warning signal. Any authorized emergency vehicle may be equipped with a siren, whistle or bell, capable of emitting sound audible under normal conditions from a distance of not less than 500 feet. Such signal shall not be used unless the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which event the driver of the vehicle shall sound the signal when reasonably necessary to warn pedestrians and other drivers of the approach of the vehicle.
Section 2. Maximum Noise Levels
a. No person shall operate a vehicle or combination of vehicles, nor shall the owner of any vehicle allow the vehicle to be operated, at any time or under any condition of grade, surface, speed, load, acceleration, deceleration or weather condition in such a manner as to exceed the decibel levels established in this Section. This requirement applies to the total noise generated by a vehicle and shall not be construed as limiting or precluding the enforcement of any other motor vehicle noise provisions of this Title.
b. No person shall sell or offer for sale a new vehicle which produces a maximum decibel level which exceeds the decibel levels established under this Section.
c. Any regulations promulgated by the Connecticut Commissioner of Motor Vehicles establishing the maximum decibel levels permissible for motor vehicles, are hereby adopted as tribal law.
Section 3. Ball Joints and Tie Rod Ends. Prohibition on Certain Installations
and Attachments to Ball Joint and Tie Rod Ends
a. No person shall install or attach to the ball joints or tie rod ends of a motor vehicle any type of bushing, spring, shim or device which results in concealing the degree of play or motion in the ball joints or tie rod ends.
b. No person shall operate, or as owner cause or permit to be operated, any motor vehicle on which there has been installed or attached to the ball joints or tie rod ends any type of bushing, spring, shim or device which results in concealing the degree of play or motion in the ball joints or tie rod ends.
Section 4. Brake Equipment of Motor Vehicles
a. Each motor vehicle, other than a motorcycle, shall be equipped, when operated on a highway, with at least two braking systems one of which shall be a service brake system and the other a parking brake system. Each braking system shall have a separate means of application by the operator. Each braking system, including any power assist devices used to reduce operator braking effort, shall be maintained in good working order at all times.
b. The service brake system, upon actuation by the operator, shall be effective in directly applying braking action on all wheels except as provided in the Code of Federal Regulations Title 49, Section 393.42, as amended. The service brake system employed on vehicles manufactured after January 1, 1968, shall be so designed and constructed that the wheel brakes on at least one axle operate separately from the wheel brakes on at least one other axle in a manner that will provide braking effort on at least two wheels in the event of a failure in any singular part or component of the service brake system, excluding the common actuation pedal or lever and excluding a structural failure of the brake distribution mechanism housing, effectiveness indicator body or other housing common to the divided brake actuation system. The service brakes, upon application by the operator, shall be capable of bringing the motor vehicle to a controlled stop within such distance and under such conditions as prescribed by the commissioner of motor vehicles.
c. The parking brake system, upon actuation by the operator, shall be effective in applying braking action either directly or indirectly on at least two wheels. The parking brake system shall be capable of holding the motor vehicle or combination of vehicles attached thereto stationary under any condition of loading on any upgrade or downgrade on which it is operated.
d. If the service brake system or the parking brake system are functionally connected in any way, they shall be so constructed that failure of any one part of the operating mechanism shall not leave the motor vehicle without braking ability on at least two wheels.
e. No person may operate any vehicle with a gross vehicle weight of 10,000 pounds or more with a braking system which fails to conform with the safety standards established under the provisions of this subsection. Any regulations adopted by the Connecticut Commissioner of Motor Vehicles establishing safety standards for braking systems utilized on vehicles with a gross vehicle weight of 10,000 pounds or more, are hereby adopted as tribal law. Any person who operates any vehicle with any severe defect or combination of defects which in combination are deemed to be severe and in violation of this Section, or the regulations promulgated under this Section, shall be fined not less than $250 nor more than $500.
Section 5. Brake Equipment of Motorcycles
a. Each motorcycle or motorcycle and sidecar shall be equipped with at least one brake adequate to stop it within a proper distance as defined under the provisions of VII M.P.T.L. ch. 3, §4. Any motorcycle designated as a 1974 or later model and operated on the tribal highways of this tribal nation shall be equipped with brakes on both the front and rear wheels, except the wheel or wheels on a sidecar if the motorcycle is so equipped. Motorcycle brakes shall be maintained in good working order at all times and shall be capable of bringing the motorcycle to a controlled stop in such distance and under such conditions as are prescribed by the Connecticut commissioner of motor vehicles.
b. No person shall operate a motorcycle on a tribal highway or in any parking area for 10 or more motor vehicles if the motorcycle is equipped with handlebars that are more than 15 inches in height above the uppermost portion of the seat when the seat is depressed by the weight of the operator.
Section 6. Brake Equipment of Trailers
Each trailer or semitrailer having a gross weight of 3,000 pounds or more shall, when operated on any tribal highway, be equipped with a braking system operating on all wheels. The braking system shall be adequate to safely control the movement of the trailer or semitrailer and, when set, to safely hold the trailer or semitrailer stationary. The brakes shall, at all times, be maintained in good and sufficient working order and shall be capable of being controlled or operated from the driver's seat of the towing vehicle by either the hand or the foot, except that brakes on trailers having a gross weight of 8,000 pounds or less need not be capable of being controlled or operated from the driver's seat by either the hand or the foot. Except with respect to pole trailers and boat trailers, any regulations promulgated by the Connecticut Commissioner of Motor Vehicles concerning the performance of such brakes when the trailer or semitrailer is operated in combination with a towing vehicle, are hereby adopted as tribal law.
Section 7. Hydraulic Brake Fluid
The term "hydraulic brake fluid" as used in this Section means the liquid medium through which force is transmitted to the brakes in the hydraulic brake system of a vehicle. No person shall distribute, have for sale, offer for sale, sell or service any motor vehicle upon tribal lands with any hydraulic brake fluid unless the label on its container clearly indicates that it meets the current standards of the Society of Automotive Engineers for heavy duty brake fluid.
Section 8. Restrictions on Used Brake Drums
The term "brake drum", as used in this Section, means the individual cupped metal drums to which motor vehicle wheels are each attached and against whose interior surface, brake shoe pressure is applied to effect stopping, holding or control of forward or backward vehicle movement. No person, firm or corporation shall service, turn, grind, install, sell, give or offer for sale for passenger motor vehicle use any used brake drum, the interior braking surface diameter of which exceeds sixty-thousandths of one inch maximum oversize.
Section 9. Free Wheeling Devices
No motor vehicle shall be operated upon the tribal highways or other public places of this tribal nation having incorporated in the power transmitting mechanism thereof any device which renders the braking effect of the engine of such motor vehicle unavailable to the operator, at his option, in any of the transmission ratios with which such motor vehicle is provided or equipped. Any person who violates any provision of this Section shall be fined pursuant to the Fine Schedule and each violation hereof shall be deemed a separate offense.
Section 10. Lighted Lamps and Illuminating Devices Required, When
a. Every vehicle upon a highway within this jurisdiction shall display such lighted lamps and illuminating devices as may be required under the provisions of VII M.P.T.L. ch. 3, §§10-38, inclusive,
(1) at any time from a half-hour before sunset to a half-hour after sunrise,
(2) at any time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead, and
(3) at any time during periods of precipitation, including, but not limited to, periods of snow, rain or fog.
b. Whenever in said sections any requirement is declared as to distance from which certain lamps and devices shall render objects visible or within which such lamps or devices shall be visible, such requirement shall apply during the times stated in subsection (a) in respect to a vehicle without load when upon a straight, level, unlighted highway under normal atmospheric conditions unless a different time or condition is expressly stated.
c. Whenever in said sections any requirement is declared as to the mounted height of lamps or devices, such requirement shall mean the height measured from the center of such lamps or devices to the level ground upon which the vehicle stands when such vehicle is without a load.
Section 11. Head Lamps
a. Every motor vehicle other than a motorcycle 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 lamps shall comply with the requirements and limitations set forth in VII M.P.T.L. ch. 3, §§10-38, inclusive.
b. Every motorcycle shall be equipped with at least one and not more than two head lamps which shall comply with the requirements and limitations of said sections.
c. Every head lamp upon every motor vehicle, including every motorcycle, shall be located at a mounted height of not more than 54 inches nor less than 22 inches.
Section 12. Tail Lamps. Illumination of Rear Registration Plate
a. Every motor vehicle, trailer, semitrailer and pole trailer, and any other vehicle which is being drawn at the end of a combination of vehicles, shall be equipped with at least two tail lamps mounted on the rear, which, when lighted, shall emit a red light plainly visible from a distance of 1,000 feet to the rear, except that passenger cars manufactured or assembled prior to October 1, 1957, and motorcycles shall have at least one such tail lamp. On a combination of vehicles, only the tail lamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one tail lamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable.
b. Every tail lamp upon every vehicle shall be located at a mounted height of not more than 72 inches nor less than 15 inches.
c. The rear registration plate shall be so illuminated with a white light as to render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the head lamps or auxiliary driving lamps are lighted, except that any vehicle equipped by the manufacturer with daytime running lamps which meet federal requirements may have such daytime running lamps illuminated without illumination of the tail lamps or rear registration plate.
Section 13. Reflectors
a. Each motor vehicle, trailer, semitrailer and pole trailer shall carry on the rear, either as a part of the tail lamps or separately, two or more red reflectors meeting the requirements of this Section. Each motorcycle shall carry at least one such reflector.
b. Each such reflector shall be mounted on the vehicle at a height of not less than 15 inches nor more than 60 inches, and shall be of such size and characteristics and so mounted as to be visible at night from all distances within 350 feet to 100 feet from such vehicle when directly in front of upper beams of head lamps.
Section 14. Stop Lamps. Turn Signals
a. Each motor vehicle, trailer, semitrailer and pole trailer shall be equipped with two or more stop lamps meeting the requirements of VII M.P.T.L. ch. 3, §26(a), except that passenger motor vehicles manufactured or assembled prior to October 1, 1957, and motorcycles shall be equipped with at least one stop lamp. On a combination of vehicles, only the stop lamps on the rearmost vehicle need actually be seen from the distance specified.
b. Each motor vehicle in use on a tribal highway shall be equipped with, and required signals shall be given by, a turn signal lamp or lamps or turn signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the motor vehicle exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load on the vehicle exceeds 14 feet. The latter measurement applies to any combination of vehicles.
Section 15. Special Requirements for Buses, Trucks, Trailers, Truck Tractors
The following vehicles shall be equipped in the following manner:
a. Buses and trucks 80 inches or more in overall width:
(1) on the front, two clearance lamps, one at each side, and on vehicles manufactured or assembled after October 1, 1967, three identification lamps meeting the specifications of subsection (f) of this Section;
(2) on the rear, two clearance lamps, one at each side, and after October 1, 1967, three identification lamps meeting the specifications of subsection (f) of this Section;
(3) on each side, two side marker lamps, one at or near the front and one at or near the rear;
(4) on each side, two reflectors, one at or near the front and one at or near the rear.
b. Trailers and semitrailers 80 inches or more in overall width:
(1) on the front, two clearance lamps, one at each side;
(2) on the rear, two clearance lamps, one at each side, and after October 1, 1967, three identification lamps meeting the specifications of subsection (f) of this Section;
(3) on each side, two side marker lamps, one at or near the front and one at or near the rear;
(4) on each side, two reflectors, one at or near the front and one at or near the rear.
c. Truck tractors: On the front, two cab clearance lamps, one at each side, and on vehicles manufactured or assembled after October 1, 1967, three identification lamps meeting the specifications of subsection (f) of this Section.
d. Trailers, semitrailers and pole trailers 30 feet or more in overall length: on each side, one amber side marker lamp and one amber reflector centrally located with respect to the length of the vehicle.
e. Pole trailers:
(1) on each side, one amber side marker lamp at or near the front of the load;
(2) one amber reflector at or near the front of the load;
(3) on the rearmost support for the load, one combination marker lamp showing amber to the front and red to the rear and side, mounted to indicate maximum width of the pole trailer.
f. Whenever required or permitted by VII M.P.T.L. ch. 3, §§10-35, inclusive, identification lamps shall be grouped in a horizontal row, with lamp centers spaced not less than six nor more than 12 inches apart, and mounted on the permanent structure of the vehicle as closely as practicable to the vertical centerline; provided, where the cab of a vehicle is not more than 42 inches wide at the front roof line, a single identification lamp at the center of the cab shall be deemed to comply with the requirements for front identification lamps.
Section 16. Colors of Lamps and Reflectors. Reflective Sheeting on Certain
Vehicles
a. Front clearance lamps, identification 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, identification lamps and those marker lamps and reflectors mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red color. Any motor vehicle or equipment owned by a governmental agency which is engaged in construction or maintenance work may display red or white reflective sheeting on the rear of such vehicle or equipment.
c. All lighting devices and reflectors mounted on the rear of any vehicle shall display or reflect a red color, except that the stop light or other signal device may be red, amber or yellow, and except that the light illuminating the license plate shall be white and the light emitted by a back-up lamp shall be white or amber.
d. Each school bus or student transportation vehicle may display retro-reflective tape or reflective sheeting on the rear or on the sides of such vehicle in accordance with any relevant regulations adopted by the Connecticut Commissioner of Motor Vehicles.
Section 17. Mounting of Reflectors and Clearance Lamps
a. Reflectors shall be mounted at a height not less than 15 inches and not higher than 60 inches above the ground on which the vehicle stands, except that if the highest part of the permanent structure of the vehicle is less than 15 inches, the reflector at such point shall be mounted as high as that part of the permanent structure will permit. The rear reflectors on a pole trailer shall be mounted on each side of the bolster or load.
b. 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 shall be given as required herein with reference to both.
Section 18. Visibility of Reflectors and Clearance, Identification and Side
Marker Lamps
a. Each reflector upon any vehicle shall be of such size and characteristics and so maintained as to be readily visible at nighttime from all distances within 600 feet to 100 feet from the vehicle when directly in front of lawful upper beams of head lamps. Reflectors required to be mounted on the sides of the vehicle 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 and identification lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lighted lamps are required at all distances between 550 feet from the front and rear, respectively, of the vehicle.
c. Side marker lamps shall be capable of being seen and distinguished under normal atmospheric conditions at the times lighted lamps are required at all distances between 550 feet from the side of the vehicle on which mounted.
Section 19. Vehicles Operated in Combination
Whenever motor and other vehicles are operated in combination during the time that lighted lamps are required, no lamp, except tail lamps, need 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 or that all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
Section 20. Projecting Loads. Carrying of Animals
No person shall, during the period from one-half hour before sunrise to one-half hour after sunset, operate upon any highway any vehicle except fire apparatus, the load of which extends more than four feet beyond the rear of the body of such vehicle unless there is attached to the rear end of such load a red flag or cloth not less than 12 inches square so hung that the entire area is visible to the driver of a vehicle approaching from the rear, or, during the period of one-half hour after sunset to one-half hour before sunrise, and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead, operate upon any highway any vehicle carrying a load which extends beyond the stationary floor of the body of such vehicle, unless a red light is attached to the rear end of such load, which light shall be plainly visible to the sides and rear for a distance of not less than 500 feet. No motor vehicle with a commercial registration shall be permitted to remain stationary or be operated upon any highway when an animal not confined is carried or projects laterally outside of the body of such vehicle, or when any load or load-supporting device projects laterally beyond the edge of the body thereof.
Section 21. Sufficiency of Head and Rear Lights. Parked Vehicles
a. Every vehicle, except a motorcycle, shall be equipped with one or more lamps which, when lighted, shall display a white or amber light visible from a distance of 1,000 feet to the front of the vehicle, and a red light visible from a distance of 1,000 feet to the rear of the vehicle. The location of such lamp or lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this Section is installed as near as practicable to the side of the vehicle which is closest to passing traffic.
b. Whenever 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 if there is sufficient light to reveal any person or object within a distance of 1,000 feet upon such street or highway, no lights need be displayed upon such parked vehicle.
c. Whenever 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 and there is insufficient light to reveal any person or object within a distance of 1,000 feet upon such highway, such vehicle so parked or stopped shall be equipped with and shall display lamps meeting the requirements of subsection (a) of this Section.
d. Any lighted head lamps upon a parked vehicle shall be depressed or dimmed.
Section 22. General Lighting Requirements
a. Every vehicle, including animal-drawn vehicles, not specifically required by the provisions of VII M.P.T.L. ch. 3, §§10-38, inclusive, to be equipped with lamps or other lighting devices, shall, at all times specified in subsection (a) of VII M.P.T.L. ch. 3, §10, be equipped with at least one lamp displaying a white light visible from a distance of not less than 1,000 feet to the front of such vehicle, and shall also be equipped with two lamps displaying red light visible from a distance of not less than 1,000 feet to the rear of said vehicle, or, as an alternative, one lamp displaying a red light visible from a distance of not less than 1,000 feet to the rear and two red reflectors visible from all distances between 600 and 100 feet to the rear when illuminated by the upper beams of head lamps.
b. Each person driving or leading any animal on any public highway from one- half hour after sunset until one-half hour before sunrise shall carry a light, which shall be so displayed as to be visible a distance of 200 feet both in front and at the rear of such animal.
Section 23. Spot Lamps. Fog Lamps. Auxiliary Passing Lamps. Auxiliary Driving
Lamps
a. Any motor vehicle may be equipped with not more than two spot lamps and every lighted spot lamp shall be so aimed and used that no part of the high- intensity portion of the beam will strike the windshield, or any windows, mirror or occupant of another vehicle in use.
b. Any motor vehicle may be equipped with not more than two fog lamps mounted on the front at a height not less than 12 inches nor more than 30 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 25 feet ahead, project higher than a level of four inches below the level of the center of the lamp from which it comes.
c. Any motor vehicle may be equipped with not more than two auxiliary passing lamps mounted on the front at a height not less than 24 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of VII M.P.T.L. ch. 3, §28, shall apply to any combination of head lamps and auxiliary passing lamps.
d. Any motor vehicle may be equipped with not more than two auxiliary driving lamps mounted on the front at a height not less than 16 inches nor more than 42 inches above the level surface upon which the vehicle stands. The provisions of VII M.P.T.L. ch. 3, §28, shall apply to any combination of head lamps and auxiliary driving lamps.
Section 24. Color of Lights. Flashing or Revolving White Lights. Authorized
Use of Blue or Green Lights. Flashing White Head Lamps
a. No person shall display upon any motor vehicle any light visible from the front thereof other than white, yellow or amber, or any light other than red, yellow, amber or white visible from the rear thereof, except a light used with any school bus. Any vehicle accommodating 15 or less handicapped students may use a flashing red light or lights during the time such vehicle is stopped for the purpose of receiving or discharging such handicapped students, any motor bus may carry a purple light or lights, any interstate public service vehicle may carry a green light or lights, any taxicab may carry a lunar white light or lights, and any interstate commercial motor vehicle may display green identification lights, in front thereof, as the commissioner of the state of Connecticut Department of Motor Vehicles may permit. A vehicle being operated by the chief executive officer of an emergency medical service organization offering transportation or treatment services to patients under emergency conditions, or an ambulance specifically designed to carry patients, may use a flashing red light or lights or flashing white head lamps and a flashing amber light while on the way to the scene of an emergency, except that an ambulance may use flashing lights of other colors specified by federal requirements for the manufacture of such vehicle. Flashing or revolving white lights may not be displayed upon a motor vehicle except:
(1) on fire emergency apparatus,
(2) on motor vehicles of paid and volunteer fire chiefs and their first and second deputies or their first and second assistants should there be no deputies,
(3) as a means of indicating a right or left turn, or
(4) in conjunction with flashing red lights on an ambulance responding to an emergency call.
For the purpose of this subsection, the term "handicapped students" means mentally retarded, hard of hearing, deaf, speech-impaired, visually handicapped, emotionally disturbed, orthopedically impaired or other health-impaired students, or students with specific learning disabilities, who by reason thereof, require special education and related services; and the term "flashing white lights" shall not include the simultaneous flashing of head lamps.
b. A blue light may not be illuminated upon a motor vehicle, except that a vehicle being operated by a tribal police officer or an active member of a fire department or company or an active member of an organized civil preparedness auxiliary fire company who has been authorized in writing by the chief executive officer of such department or company may use such a light, including a flashing blue light, while on the way to the scene of a fire or other emergency requiring his services.
c. A flashing green light may not be used upon a motor vehicle, except that a vehicle being operated by an active member of a volunteer ambulance association or company who has been authorized in writing by the chief executive officer of such association or company may use such a light while on the way to the scene of an emergency requiring his services. Such authorization may be revoked by such officer or his successor.
Section 25. Special Restrictions on Lamps. Flashing Lights
a. Any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps or auxiliary driving lamps, which projects a beam of light of an intensity greater than 300 candle power shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.
b. No person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof. The provisions of this subsection and subsection (c) shall not apply to authorized tribal police, emergency and maintenance vehicles.
c. Flashing lights are prohibited on motor vehicles other than school buses, except :
(1) as a means for indicating a right or left turn,
(2) flashing blue lights used by members of fire companies,
(3) on certain emergency and maintenance vehicles,
(4) flashing or revolving yellow lights on vehicles of carriers in rural mail-delivery service or vehicles transporting or escorting any vehicle or load or combinations of vehicles or vehicles and load which is or are either oversize or overweight or both, and operated or traveling under a permit issued by the Connecticut Commissioner of Transportation,
(5) flashing red lights:
(a) on a motor vehicle accommodating 15 or less handicapped students used only during the time such vehicle is stopped for the purpose of receiving or discharging such handicapped students,
(b) used by members of the fire or police on a stationary vehicle as a warning signal during traffic directing operations at the scene of a fire,
(c) on rescue vehicles,
(d) used by chief executive officers of emergency medical service organizations,
(e) ambulances specifically designed to carry,
(f) flashing green lights used by members of volunteer ambulance associations or companies, or
(g) flashing white lights or flashing lights of other colors specified by federal requirements for the manufacture of an ambulance used in conjunction with flashing red lights or flashing head lamps and a flashing amber light on an ambulance responding to an emergency call.
The prohibitions in this Section shall not prevent the operator of a motor vehicle who, while traveling on any tribal highway, is operating such motor vehicle at such slow speed as to obstruct or endanger following traffic, or the operator of a disabled vehicle stopped on a hazardous location on the highway, or in close proximity thereto, from flashing lights, installed on the vehicle primarily for other purposes, in any manner that he selects so as to indicate that such vehicle is traveling slowly, obstructing traffic or is disabled and is a hazard to be avoided.
Section 26. Color of Top Lamps. Turn Signal Lamps
a. Any vehicle, when required under VII M.P.T.L. ch. 3, §§10-38, inclusive, shall be equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than 300 feet to the rear in normal sunlight, and which shall be activated upon application of the service or foot brake.
b. Any vehicle, when required under VII M.P.T.L. ch. 3, §14(b), shall be equipped with electric turn signals which shall indicate an intention to turn by flashing lights showing to the front and rear of a vehicle or on a combination of vehicles on the side of the vehicle or combination toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit white or amber light, or any shade of light between white and amber. The lamps showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling, shall emit a red or amber light, or any shade of color between red and amber. Turn signal lamps on vehicles 80 inches or more in overall width shall be visible from a distance of not less than 500 feet in normal sunlight. Turn signal lamps on vehicles less than 80 inches wide shall be visible at a distance of not less than 300 feet in normal sunlight.
Section 27. Fender, Running-board, Backup and Identification Lamps
a. Any motor vehicle may be equipped with not more than two side cowl or fender lamps which shall emit an amber or white light without glare.
b. Any motor vehicle may be equipped with not more than one running-board courtesy lamp on each side thereof which shall emit a white or amber light without glare.
c. Any motor vehicle may be equipped with one or more backup lamps either separately or in combination with other lamps, but any such backup lamp or lamps shall not be lighted when the motor vehicle is in forward motion.
d. Any vehicle 80 inches or more in overall width, if not otherwise required by VII M.P.T.L. ch. 3, §15, may be equipped with not more than three identification lamps showing to the front which shall emit an amber light without glare and not more than three identification lamps showing to the rear which shall emit a red light without glare. Such lamps shall be mounted as specified in subsection (f) of said section.
Section 28. Multiple-beam Road-lighting Equipment
Except as hereinafter provided, the head lamps or the auxiliary driving lamps or combinations thereof on motor vehicles, other than motorcycles, shall be so arranged that the driver may control the selection between distributions of light projected to different elevations, subject to the following requirements and limitations:
a. There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles ahead at a distance of at least 500 feet for all conditions of loading.
b. There shall be a lowermost distribution of light so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead, and, on a straight level road under any condition of loading, none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
Section 29. Use of Multiple-Beam Road-Lighting Equipment
Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereto during the times specified in VII M.P.T.L. ch. 3, §10(a), the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:
a. Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam, so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light, or composite beam, specified in VII M.P.T.L. ch. 3, §28(b) shall be dimmed to avoid glare at all times, regardless of road contour and loading.
b. Whenever the driver of a vehicle approaches another vehicle from the rear, within 300 feet, such driver shall use a distribution of light permissible under VII M.P.T.L. ch. 3, §§10-38, inclusive, other than the uppermost distribution of light specified in VII M.P.T.L. ch. 3, §28(a).
Section 30. Single-Beam Road-Lighting Equipment
Head lamps arranged to provide a single distribution of light not supplemented by auxiliary driving lamps shall be permitted on motor vehicles manufactured and sold prior to July 1, 1940, in lieu of the multiple-beam road-lighting equipment specified in VII M.P.T.L. ch. 3, §28, if the single distribution of light complies with the following requirements and limitations: (1) The head lamps shall be so aimed that, when the vehicle is not loaded, none of the high-intensity portion of the light shall, at a distance of 25 feet in advance of such vehicle, project higher than a level of five inches below the level of the center of the lamp from which it proceeds, and in no case higher than 42 inches above the level on which the vehicle stands, at a distance of 75 feet in advance of such vehicle; (2) the intensity shall be sufficient to reveal persons and vehicles at a distance of at least 200 feet in advance of such vehicle.
Section 31. Distance Forward Lights to Illuminate
When there is not sufficient light within the limits of the traveled portion of the highway to make all vehicles, persons or objects clearly visible within a distance of at least 500 feet, the forward lights which a motor vehicle, and the forward light which a motorcycle, are required to display shall, when any such motor vehicle or motorcycle is in motion, throw sufficient light ahead to show any person, vehicle or object upon the roadway straight ahead of such motor vehicle or motorcycle for a distance of at least 200 feet.
Section 32. Head Lamp of Motorcycle
The head lamp or head lamps upon every motorcycle may be of the single-beam or multiple-beam type but, in either event, shall comply with the requirements and limitations as follows:
a. Every such head lamp on a motorcycle shall be of sufficient intensity to reveal a person or vehicle at a distance of not less than 100 feet when the motorcycle is operated at any speed less than 25 miles per hour and at a distance of not less than 200 feet when the motorcycle is operated at a speed of 25 or more miles per hour, and at a distance of not less than 300 feet when the motorcycle is operated at a speed of 35 or more miles per hour.
b. If the motorcycle is equipped with a multiple-beam head lamp or head lamps, the upper beam shall meet the minimum requirements set forth above and shall not exceed the limitations set forth in VII M.P.T.L. ch. 3, §28(a), and the lowermost beam shall meet the requirements applicable to a lowermost distribution of light as set forth in subsection (b) of said section.
c. If the motorcycle is equipped with a single-beam lamp or lamps, such lamp or lamps shall be so aimed that, when the vehicle is loaded, none of the high-intensity portion of light, at a distance of 25 feet ahead, shall project higher than the level of the center of the lamp from which it comes.
Section 33. Number of Head Lamps. Number in Combination with Other Lamps
a. At all times specified in VII M.P.T.L. ch. 3, §10(a), at least two lighted lamps shall be displayed, one on each side at the front of every motor vehicle other than a motorcycle, except when such vehicle is parked subject to the regulations governing lights on parked vehicles.
b. Whenever a motor vehicle equipped with head lamps as herein required is also equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof projecting a beam of intensity greater than 300 candlepower, not more than a total of four of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.
Section 34. Intensity of Certain Lamps. Location of Red Light
a. During the times specified in VII M.P.T.L. ch. 3, §10(a), any lighted lamp or illuminating device upon a motor vehicle, other than head lamps, spot lamps, auxiliary lamps, flashing turn signals, emergency vehicle warning lamps and school bus warning lamps, which projects a beam of light of an intensity greater than 300 candlepower shall be so directed that no part of the high intensity portion of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than 75 feet from the vehicle.
b. Except as required in VII M.P.T.L. ch. 3, §25, no person shall drive or move any vehicle or equipment upon any highway with any lamp or device thereon displaying a red light visible from directly in front of the center thereof.
Section 35. Standards and Specifications for Lamps for Snow-Removal and Highway
Maintenance Equipment
a. Standards and specifications adopted by the Connecticut Commissioner of Motor Vehicles applicable to head lamps, clearance lamps, identification and other lamps on snow-removal and other highway maintenance and service equipment when operated on tribal highways in lieu of the lamps otherwise required on motor vehicles by VII M.P.T.L. ch. 3, §§10-38, inclusive, are hereby adopted as tribal law. Such standards and specifications may permit the use of flashing lights for purposes of identification on snow-removal and other highway maintenance and service equipment when in service upon the highways.
b. No person shall operate any snow-removal or other highway maintenance and service equipment on any highway unless the lamps thereon comply with and are lighted when and as required by the standards and specifications adopted as provided in this Section.
Section 36. Regulation of Hazardous Lighting Equipment
Any regulations adopted by the Connecticut Commissioner of Motor Vehicle prohibiting the use on any motor vehicle operating on the highways of Connecticut of any lighting equipment which he determines to be hazardous to either the operator of the vehicle equipped with such lighting devices or to the operators of other vehicles encountering a vehicle so equipped, are hereby adopted as tribal law.
Each school bus, as defined in VII M.P.T.L. ch. 7, §53(a), used for the transportation of school children and each motor vehicle used to transport passengers for hire shall be equipped with a defrosting device, in good working order and adequate to prevent the accumulation of snow, ice, frost or condensation on the windshield.
Section 37. Reserved
Section 38. Emergency Lighting or Reflecting Devices on Motor Vehicles used
to Transport Passengers for Hire and Motor Vehicles with Commercial Registration
There shall be carried on each motor vehicle used to transport passengers for hire whose capacity is in excess of seven passengers, each motor vehicle with a commercial registration and a manufacturer's rated capacity in excess of 2,000 pounds and each combination of tractor and trailer, when it is operated on any highway during the period from one-half hour after sunset to one-half hour before sunrise, flares, flaring candles, torches, lanterns or other lighting or light reflecting devices designed for emergency use, which shall be ready for immediate use. The operator of any such motor vehicle shall cause such emergency equipment to be kept lighted or in the case of light reflecting devices to be situated in such manner as to be visible for at least 200 feet in front and in the rear of such motor vehicle, during any period between one-half hour after sunset and one-half hour before sunrise when such motor vehicle has become stalled or is in such condition that it cannot be operated on the highway.
Section 39. Tires
Each vehicle operated upon any tribal highway or bridge shall be equipped with tires of rubber, or other elastic substance and the wheels shall be so constructed that no metal part of the wheel or tire may be in contact with the surface of the road at any time when such vehicle is in motion upon the highway, except such vehicle may be equipped with tires incorporating a metal nonskid device during the period from November 15 to April 13, inclusive. Nothing in this Section shall apply to authorized emergency vehicles, to road-making machinery in use in the repair or construction of highways or to a tractor used in agricultural pursuits when necessarily traversing a highway or bridge for the purpose of access to agricultural lands, or to a truck, tractor, trailer or semitrailer for which a permit has been granted by the Commissioner of Transportation of any state.
Section 40. Tires to be in Safe Operating Condition
No person shall operate a motor vehicle or trailer upon tribal highways unless such motor vehicle or trailer is equipped with tires in safe operating condition. This Section shall not apply to farm vehicles, self-propelled combines, self-propelled corn and hay harvesting machines and tractors used exclusively for agricultural purposes. Any tribal police officer, at any time, upon reasonable cause to believe that the tires of a vehicle are unsafe or it is equipped with tires in violation of the provision of this Section, may require the operator of such vehicle to stop and submit the tires of such vehicle to an inspection. If the inspection discloses the vehicle to be in violation, the officer may issue a citation for such violation.
Section 41. Mirror. Motor Vehicles with Commercial Registration to Allow
others to Pass
Each motor vehicle shall be equipped with a mirror attached to and so located and adjusted on such vehicle as to give the operator thereof a clear reflected view of the highway directly to the rear of or on a line parallel to the left side of the body of such motor vehicle. Any person operating a motor vehicle with a commercial registration so constructed or which may be so loaded that the operator is prevented from having a free and unobstructed view of the highway immediately to the rear and at the left side of the same shall, by means of such mirror, make frequent observations of the approach of vehicles from the rear. When operating at below the posted speed limits and when so approached or overtaken, the operator of such motor vehicle shall drive to the extreme right of the traveled way as promptly as safety will permit, giving the vehicle approaching from the rear opportunity to pass.
Section 42. Windshield. Obstruction of View
a. Each motor vehicle shall be equipped with a windshield of a type prescribed by VII M.P.T.L. ch. 3, §42, and a windshield cleaner or wiper in effective working order located directly in front of the operator while in use on the highway. The windshield shall be reasonably free of defects and accumulations, inside and out, of snow, ice, condensation and dirt. The provisions of this subsection shall not apply to a motorcycle, a vehicle designed by the manufacturer for nonhighway operation without a windshield or a vehicle without a windshield and displaying a "Farm" number plate.
b. No person shall operate a motor vehicle required to be equipped with such a windshield if the windshield is in a condition to interfere with an unobstructed view of the highway.
c. No article, device, sticker or ornament shall be attached or affixed to or hung on or in any motor vehicle in such a manner or location as to interfere with the operator's unobstructed view of the highway or to distract the attention of the operator.
Section 43. Definitions. Tinted or Reflectorized Windows. Obstruction of
View Prohibited. Exceptions. Stickers Required. Penalty. Window Tinting Businesses.
Regulations
a. As used in this Section, unless the context otherwise requires:
(1) "Light transmission" means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through a product or material including the glazing to the amount of total light falling on the product or material and the glazing.
(2) "Luminous reflectance" means the ratio of the amount of total light, expressed in percentages, which is reflected outward by a product or material to the amount of total light falling on the product or material.
b. No person may operate any motor vehicle which has any object or material placed, displayed, installed, affixed or applied in or on such vehicle in a manner so as to obstruct or reduce the operator's clear and full view of the road through the front windshield or the side or rear windows, except as provided in subsection (c) of this Section. No person may place, install, affix or apply any transparent material on the front windshield or the side or rear windows of any motor vehicle if such material alters the color or reduces the light transmittance of such windshield or side or rear windows, except as provided in subsection (c) of this Section. Any person required for medical reasons to be shielded from direct rays of the sun or any person operating a motor vehicle belonging to such person or in which such person is a usual passenger shall be exempt from the provisions of this subsection. Any such exemption granted by the issuing state or jurisdiction must be made available to tribal police for inspection upon demand.
c. The provisions of subsection (b) of this Section shall not apply to:
(1) front side wing vents and windows which are not mirror-like in appearance and have a substance or material in conjunction with glazing material that has a total light transmission of not less than 35% plus or minus 3% and a luminous reflectance of 27% plus or minus 3%;
(2) rearview mirrors;
(3) adjustable nontransparent sun visors which are mounted forward of the side windows and are not attached to the glass;
(4) signs, stickers or other materials which are displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers or other materials which are displayed in a five-inch square in the lower corner of the windshield nearest the driver;
(5) the right and left side windows behind the driver and the rearmost window which shall not be mirror-like in appearance, having a substance or material in conjunction with glazing material that has a total light transmission of not less than 35% plus or minus 3 % and a luminous reflectance of 21% to plus or minus 3%;
(6) the windows behind the driver on any truck, motor bus, trailer, mobile manufactured home, or multipurpose passenger vehicle, as defined in the Code of Federal Regulations, Title 49, Section 571.3, as amended from time to time, provided said vehicle is equipped with outside mirrors on the left and right- hand sides which are so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such motor vehicle;
(7) direction, destination or termination signs upon a passenger common carrier motor vehicle, provided the signs do not interfere with the driver's clear view of approaching traffic;
(8) rear window wiper motors;
(9) rear trunk lid handle or hinges;
(10) the rearmost window or windows, provided the motor vehicle is equipped with outside mirrors on the left and right-hand sides of the vehicle which are so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such motor vehicle;
(11) transparent material which is installed, affixed or applied to the topmost portion of the windshield, provided:
(a) The bottom edge of the material is at least 29 inches above the undepressed driver's seat when measured from a point five inches in front of the bottom of the backrest with the driver's seat in its rearmost and lowermost position with the vehicle on a level surface and
(b) the material is not red or amber in color; or
(12) any sticker or certificate required to be affixed or applied to any window pursuant to federal or state statute or any municipal or tribal law.
d. No person shall sell, offer for sale or deliver to tribal lands any motor vehicle having a windshield or any window which exceeds the standards relative to light transmission and luminous reflectance specified in this Section.
e. Any person who violates any provision of subsection (b) of this Section shall remove such object or material which obstructs his clear and full view of the road and report within 60 days to the tribal police department to present his vehicle for inspection and to demonstrate compliance with the provisions of this Section. If such person fails to report to the tribal police department and is cited for a subsequent violation of this Section, his vehicle shall be impounded after notice and opportunity for hearing.
The provisions of subsections (b) to (e), inclusive, shall not apply to any motor vehicle in livery service. The term "motor vehicle in livery service" means and includes every motor vehicle used by any person, association, limited liability company or corporation which represents itself to be in the business of transporting passengers for hire, except
(1) any motor bus and any taxicab operated under a certificate of public convenience and necessity issued by the Department of Transportation of the state of origin,
(2) any school bus, as defined in VII M.P.T.L. ch. 7, §53, or student transportation vehicle, as defined in VII M.P.T.L. ch. 7, §1, when used for the transportation of children under the age of 21 years, and
(3) any school bus, as defined in VII M.P.T.L. ch. 7, §53, when used for the transportation of passengers
(a) by virtue of a contract with any public or private institution of higher education,
(b) pursuant to a contract for service to a special event held at a location or facility which is not open for business on a daily basis throughout the year, not to exceed a period of 10 days, or
(c) pursuant to a contract with a municipality for which the carrier provides school transportation service.
f. Each person, firm or corporation which engages in the business of tinting windows of motor vehicles and which performs such work from a mobile facility shall provide a written statement to the purchaser which shall state the permissible standards relative to light transmission and luminous reflectance specified in this Section and the penalties for a violation of this Section.
Section 44. Seat Safety Belts. Child Restraint Systems
a.
(1) The operator of and any front seat passenger in a private passenger motor vehicle, fire fighting apparatus or a vanpool vehicle equipped with seat safety belts complying with the provisions of the Code of Federal Regulations, Title 49, Section 571.209, as amended from time to time, shall wear such seat safety belt while the vehicle is being operated on tribal highways except that a child under the age of four years shall be restrained as provided in subsection (b) of this Section. Each operator of such vehicle shall secure or cause to be secured in a seat safety belt any passenger four years of age or older and under 16 years of age.
(2) The provisions of subsection (a)(1) of this subsection shall not apply to any person whose physical disability or impairment would prevent restraint in such safety belt, provided such person obtains a written statement from a licensed physician containing reasons for such person's inability to wear such safety belt and including information concerning the nature and extent of such condition. Such person shall carry the statement on his person or in the motor vehicle at all times when it is being operated.
(3) As used in this subsection, "private passenger motor vehicle" does not mean an authorized emergency vehicle, other than fire fighting apparatus, responding to an emergency call or a motor vehicle operated
(a) by a rural letter carrier of the United States postal service while performing his official duties, or
(b) by a person engaged in the delivery of newspapers.
(4) Failure to wear a seat safety belt may be considered as contributory negligence and such failure may be admissible evidence in any civil action in tribal court.
(5) For purposes of this Section "Private passenger motor vehicle" means a:
(a) private passenger type automobile;
(b) station-wagon-type automobile;
(c) camper-type motor vehicle;
(d) high-mileage-type motor vehicle;
(e) truck-type motor vehicle with a load capacity of 1,500 pounds or less, registered as a passenger motor vehicle, as defined in said Section, or as a passenger and commercial motor vehicle, as defined in said Section, or used for farming purposes; or
(f) a vehicle with a commercial registration. It does not include a motorcycle or motor vehicle used as a public or livery conveyance.
b. Any person who transports a child under the age of four years, weighing less than 40 pounds, in a motor vehicle on the tribal highways shall provide and require the child to use a child restraint system approved pursuant to regulations adopted by any state. Any person who transports a child under the age of four years, weighing 40 or more pounds, in a motor vehicle on the tribal highways shall either provide and require the child to use an approved child restraint system or require the child to use a seat safety belt. As used in this subsection, "motor vehicle" does not mean a bus having a tonnage rating of one ton or more. Failure to use a child restraint system shall not be considered as contributory negligence nor shall such failure be admissible evidence in any civil action in tribal or state court.
Section 45. Air Pollution Control Devices Required on Certain Passenger Motor
Vehicles
All passenger motor vehicle designated as a 1968 or later model shall be equipped with an effective air pollution control device which complies with the air pollution control statutes of the state wherein they are registered.
Section 46. Turn Signals
No person may operate on any tribal highway any motor vehicle so constructed or so loaded that the operator is unable to clearly indicate by hand signals to both approaching and following traffic his intention of stopping or turning, unless such motor vehicle is equipped with a turn signal or signaling device, or fails to cause such turn signal or device to be maintained, at all times, in good and sufficient working order, or fails to use the same when making any stop or turn, or the owner of any such motor vehicle who allows it to be so operated.
Section 47. View In and Exits from Motor Vehicles used to Transport Passengers
for Hire
The passenger compartment in any motor vehicle used to transport passengers for hire shall, if enclosed or partly enclosed, be so constructed as to give an unobstructed view of the interior of the same from any point within such vehicle. Each such motor vehicle of a seating capacity of more than seven shall have exits on more than one side thereof.
Section 48. Vehicles Using any Pressurized Gas as Fuel. Regulations. Class
C Misdemeanor
No motor vehicle which uses any pressurized gas except natural gas as a fuel for its engine may enter or be parked in any area that is under grade level. Any vehicle within the state which carries any pressurized gas as its fuel in a tank attached to the vehicle in any concealed area, including but not limited to, trunks, compartments or under such vehicle shall have displayed on its exterior the words "Pressurized Flammable Gas" or a standard abbreviation or symbol as determined by the Fire Chief of the Mashantucket Pequot Tribal Nation fire department, in block letters at least two inches high, which letters shall be of contrasting colors and shall be placed as near as possible to the area where the tank is located. No person may dispense any pressurized gas used as a vehicle fuel into any tank in a concealed area of a vehicle unless the vehicle is in compliance with the requirements of this subsection.
Section 49. Headerboards Required on Commercial Van-Type Motor Vehicles
No commercial van-type motor vehicle manufactured after January 1, 1975 shall be operated within tribal lands unless equipped with headerboards or similar devices of sufficient strength to prevent load shifting and penetration or crushing of the driver's compartment. Such headerboards or similar devices shall conform to the requirements of such devices set forth in the Motor Carrier Safety Regulations of the U.S. Department of Transportation, Federal Highway Administration.
CHAPTER 4. JURISDICTION AND PROCEDURE
Section 1. Liability of Owner, Operator, Lessee. Implied Consent
Any person who operates a motor vehicle on tribal highways shall be deemed to have given his consent to be subject to the jurisdiction and laws of the Mashantucket Pequot Tribal Nation. The owner, operator or lessee of any motor vehicle may be prosecuted jointly or individually for violation of any provision of this VII M.P.T.L. Traffic Safety Code. Whenever there occurs a violation any parking or other non-moving violation of this VII M.P.T.L. Traffic Safety Code, proof of the registration number of any motor vehicle therein concerned shall be prima facie evidence that the owner was the operator thereof, except in the case of a leased or rented motor vehicle, such proof shall be prima facie evidence in any action that the lessee was the operator thereof.
Section 2. Tickets, Summonses and Fine Schedule. Form, Special Parking Permits
a. Notwithstanding the provisions of any other tribal laws, the Public Safety Committee shall prescribe the form and content of parking tickets, summonses and the fine schedule for motor vehicle violations.
b. The Public Safety Committee shall have authority, without further Council action to modify the items set forth in subsection (a) of this Section.
Section 3. Uniform Investigation of Accident Report
a. The Public Safety Committee shall prescribe for the tribal police and other suitable agencies or individuals a uniform investigation of accident report, which form shall be followed in filing all such reports.
b. In each motor vehicle accident in which any person is killed or injured or in which damage to the property of any one individual, including the operator, in excess of 1,000 dollars is sustained, the tribal police officer, agency or individual who, in the regular course of duty, investigates such accident, either at the time of or at the scene of the accident or thereafter, by interviewing the participants or witnesses, shall, within five days after completing such investigation, complete such report. Such report shall call for and contain all available detailed information to disclose the location and cause of the accident, the conditions then existing, the persons and vehicles involved and the names of the insurance companies issuing their automobile liability policies, as well as the enforcement action taken. Upon the request of the Commissioner of Transportation or Commissioner of Motor Vehicles of the state of origin of any vehicle, tribal police shall forward one copy of each report of
(1) any accident in which any person is killed or
(2) any accident involving a school bus or public service motor vehicle.
Section 4. Suspension or Revocation of Privilege to Operate
a. Suspension of right to operate. The tribal court, in addition to whatever penalty is applied pursuant to the Fine Schedule may restrict or suspend a driver's right to operate upon tribal highways as provided in this Law. The imposition of a fine and a suspension or restriction shall not prevent the award of damages in a separate civil action against the same driver or owner and arising from the same event. To be considered a subsequent violation the date of the most recent violation shall have occurred within two calendar years of any prior conviction.
b. Notice of revocation or suspension. Notice of the revocation or suspension of any right to operate upon tribal highways shall be transmitted forthwith by the tribal court to the driver, to the chief of tribal police and the tribal prosecutor.
Section 5. Possession of Controlled Substances or Alcoholic Liquors in Motor
Vehicles
a. As used in this Section "Alcohol" means the product of distillation of any fermented liquid, rectified either once or more often, whatever may be the origin thereof, and includes synthetic ethyl alcohol which is considered nonpotable. As used in this Section "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt and hops in drinking water. As used in this Section "Spirits" means any beverage that contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including brandy, rum, whiskey and gin. As used in this Section "Wine" means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, such as grapes or apples or other agricultural products, containing sugar, including fortified wines such as port, sherry and champagne.
b. As used in this Section "alcoholic liquor" or "alcoholic beverage" includes the four varieties of liquor defined in this Section:
(1) alcohol,
(2) beer,
(3) spirits,
(4) wine and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being for beverage purposes.
Any liquid or solid containing more than one of the four varieties so defined is considered as belonging to that variety which has the higher percentage of alcohol, according to the following order: alcohol, spirits, wine and beer, except as provided in subsection (19) of this Section. The provisions of this chapter shall not apply to any liquid or solid containing less than 1.5% of alcohol by volume.
c. As used in this Section, "Controlled Substances" or "Drug" means any substance listed pursuant to 21 U.S.C. §812.
d. Any person under the legal drinking age of 21 who is operating a motor vehicle, unless accompanied by his parent or guardian, in which a tribal police officer finds an open container of alcoholic liquor or a controlled substance, may be summoned by such officer to appear at a hearing before the tribal court, to show cause why his right to operate a motor vehicle on tribal highways should not be restricted or suspended. Persons found guilty of operating a motor vehicle containing an open container or a controlled substance shall, in addition to any penalty provided by the Fine Schedule developed by the Mashantucket Pequot Tribal Court, have their right to operate a motor vehicle on a tribal highway restricted or suspended for a minimum of 90 days and a maximum of one year upon a first offense. Upon a second conviction within any two year time period (commencing upon the date of the first conviction) the operator shall, in addition to the penalty provided by the Fine Schedule developed by the Mashantucket Pequot Tribal Court, shall have their right to operate a motor vehicle on a tribal highway suspended for a minimum of six months or a maximum of one year. Upon a third conviction within any two year time period, as defined in this Section, the operator shall, in addition to the penalty provided by the Fine Schedule developed by the Mashantucket Pequot Tribal Court, have their right to operate a motor vehicle on a tribal highway suspended for a minimum of one year and a maximum of three years. Upon a fourth conviction within any two year time period the operator shall, in addition to the penalty provided by the Fine Schedule developed by the Mashantucket Pequot Tribal Court, shall have their right to operate a motor vehicle on a tribal highway permanently revoked.
Section 6. Suspension of Privilege to Operate Following Conviction for Speeding
a. The tribal court may restrict, suspend or revoke a right to operate a motor vehicle on tribal highways as provided in this VII M.P.T.L. Traffic Safety Code. Nothing in this Section or any other section of this VII M.P.T.L. Traffic Safety Code which imposes a penalty for a traffic violation shall prevent the award of damages as a result of a separate civil action in either tribal or state court.
b. The court shall notify the tribal prosecutor and the chief of tribal police and suspension or revocation of the right to operate a motor vehicle on tribal highways shall be effective from the date of the order of the court.
Section 7. Impounded and Immobilized Motor Vehicles
a. Any motor vehicle found at any time upon any tribal highway, against which the maximum penalty provided by the Fine Schedule has been reached may, by or under the direction of a tribal police officer, either by towing or otherwise, be removed or conveyed to and impounded in any place designated by the chief of the tribal police or immobilized in such a manner as to prevent its operation ("booted"); provided, that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.
b. It shall be the duty of the tribal police officer, removing or immobilizing such motor vehicle, or under whose direction such vehicle is removed or immobilized, to inform as soon as practicable the owner of the vehicle of the nature and circumstances of the outstanding traffic violations, for which such vehicle was impounded or immobilized. In any case involving immobilization of a vehicle pursuant to this subsection, the tribal police shall cause to be placed in a conspicuous place on such vehicle, notice sufficient to warn any individual that said vehicle has been immobilized and that any attempt to move such vehicle may result in damage to said vehicle.
c. The owner, or his duly authorized representative, shall be permitted to reclaim or to secure the release of said vehicle only by first depositing with the tribal court clerk, the amount of the potential fines and penalties for any and all outstanding traffic violation.
d. In addition to any and all potential fines and penalties for each outstanding traffic violation or infraction, the owner of an immobilized vehicle shall be subject to a 'booting' fee of $50. The owner of an impounded vehicle shall be subject to a towing fee of $75, plus a per diem fee for storage. In the event that the size and weight of the vehicle to be impounded necessitate using an outside contractor or special equipment to tow said vehicle, the owner shall be subject to a towing fee of $175 plus a per diem storage fee. No vehicle shall be released from an impoundment lot unless proof is shown that all court fines and penalties have been paid.
Section 8. Violation of Prohibition to Operate Motor Vehicle
Any person who is found operating a motor vehicle on tribal highways in violation of a tribal court order prohibiting or restricting the right to operate a motor vehicle on tribal roads, in addition to any other penalty provided by law, may have his vehicle booted and or towed to another location and retained by the tribal police for a period of time not to exceed 30 days.
Section 1. Towing or Removal of Motor Vehicle from Private or Tribal Property
a. An owner or lessee of private or tribal property, or his agent, may remove or cause to be removed any motor vehicle left without authorization on such property in accordance with the provisions of this Section and VII M.P.T.L. ch. 5, §§2-4, inclusive. This Section shall not apply to law enforcement, fire-fighting, rescue, ambulance or emergency vehicles which are marked as such, or to the removal of motor vehicles from property leased by any governmental agency.
b. When such motor vehicle is towed or otherwise removed by a wrecker, the licensee or operator of the wrecker shall notify the tribal police department of the tow or removal within 24 hours. No such licensee or operator may charge a storage fee for such motor vehicle for the time it is stored prior to such notification. If the motor vehicle is not claimed by its owner within the time periods specified in VII M.P.T.L. ch. 5, §10(e), the licensee or operator of the wrecker or of the garage where such motor vehicle is stored may dispose of it in accordance with the provisions of VII M.P.T.L. ch. 5, §10(e).
Section 2. Express Instruction of Property Owner or Lessee Required for Towing
or Removal of Motor Vehicle. Rebate Prohibited
a. No vehicle shall be towed or removed from private or tribal property except upon express instruction of the owner or lessee, or his agent, of the property upon which the vehicle is trespassing. Nothing in this subsection shall be construed to limit the right of tribal police to remove an abandoned motor vehicle in accordance with the provisions of VII M.P.T.L. ch. 5, §10.
b. No person or firm which tows or removes a motor vehicle from private property shall rebate or pay any money or other valuable consideration to the owner or lessee, or his agent, of the property from which the vehicle is towed or removed for the privilege of towing or removing that vehicle.
Section 3. Storage and Release of Towed Motor Vehicles
a. Any vehicle towed or removed from private property pursuant to VII M.P.T.L. ch. 5, §§1-4, inclusive, shall be stored at the site located on the tribal lands and designated by the chief of tribal police. The site shall be open during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, and be reasonably available on Saturday, Sunday and holidays, for the purpose of vehicle redemption.
b. When a vehicle has been towed or removed pursuant to VII M.P.T.L. ch. 5, §§1-4, inclusive, it shall be released to its owner, or a person authorized by the owner to regain possession, upon demand, provided the demand is made between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday or at a reasonable time on Saturday, Sunday or holidays and the owner or authorized person presents proof of registration, pays the costs of towing or removal and of storage, or signs a declaratory statement that the towed or removed vehicle was taken illegally. Any vehicle owner, or agent of the owner, shall have the right to inspect the vehicle before accepting its return, and no general release of any kind which would release the person or firm towing or removing or storing the vehicle from liability for damages may be required from any vehicle owner, or his agent, as a condition of release of the vehicle. A receipt showing the name of the person or firm towing or removing the vehicle and an itemization of the charges shall be provided to the person paying the towing or removal and storage costs at the time of payment.
Section 4. Liability of Property Owner or Lessee for Improper Towing or Removal
of Motor Vehicle
Whenever an owner or lessee of private property, or his agent, improperly causes a motor vehicle to be towed or removed from such property, the owner or lessee of the property shall be liable to the owner of the vehicle for the costs of towing or removal and of storage of the vehicle and for reasonable attorney's fees and court costs, if applicable.
Section 5. Objects Not to be Thrown at Motor Vehicles
No person shall throw any object at a motor vehicle or at a person in such motor vehicle or on any highway, which may cause injury to such vehicle or the tires thereon or to any person therein.
Section 6. Improper Use of Marker, Registration, License or Parking Pass
a. Any person who counterfeits any number plate, marker or parking pass, or makes any substitute or temporary marker except as provided in VII M.P.T.L. ch. 1, §7, or who counterfeits or in any manner alters any motor vehicle registration, operator's license or parking pass, and any person who gives, loans or sells any such counterfeited or altered number plate, marker, motor vehicle registration, operator's license or parking pass, shall be fined.
b. Any person who loans or sells any operator's license, for use by any person, or any marker or certificate of registration, for use on any car, shall be fined.
c. No person shall use any motor vehicle registration or operator's license other than the one issued to him, except as provided in VII M.P.T.L. ch. 1, §7; and no person shall use a motor vehicle registration on any motor vehicle other than that for which such registration has been issued.
Section 7. Theft of Number Plate or Insert
Any person who takes any motor vehicle number plate or sticker denoting the expiration date of the registration from such number plate or possesses such number plate or sticker without the permission of the person to whom such number plate or sticker was issued shall be fined.
Section 8. Abandoned Markers
a. Any person who has found, or has in his possession, any number plate or number plates, or identifying part thereof, currently in use, which plate or plates were not issued to him, shall immediately deliver the same to any officer.
b. Any officer may remove any number plate or number plates from any motor vehicle when such motor vehicle is apparently abandoned or when such number plate or number plates have been or are being used illegally and shall forward them to the commissioner of the state of origin with a statement of the reason for such removal.
Section 9. Discovery of Vehicle Reported as Stolen
Any tribal police officer, upon discovery of any motor vehicle which has been reported as stolen, shall take such motor vehicle into his custody and have it returned to its rightful owner or, if such owner cannot be determined or if such motor vehicle is needed for evidence, shall have it taken to and stored in a suitable place.
Section 10. Abandoned or Unregistered Motor Vehicles and Motor Vehicles which
are a Menace to Traffic. Notice. Removal. Storage. Hearing. Lien. Sale
a. No person shall abandon any motor vehicle within the limits of any highway or tribal roads upon property other than his own without the consent of the owner thereof for a period longer than 24 hours. The last owner of record of a motor vehicle found abandoned, as shown by the files of the Department of Motor Vehicles, shall be deemed prima facie to have been the owner of such motor vehicle at the time it was abandoned and the person who abandoned the same or caused or procured its abandonment.
b. Any tribal police officer upon discovery of any motor vehicle, located within tribal lands, which is a menace to traffic or public health or safety, shall take such motor vehicle into his custody and cause the same to be taken to and stored in a suitable place.
c. Any tribal police officer, upon discovery of any motor vehicle apparently abandoned or a motor vehicle without proper registration, whether situated within or without any highway located within tribal lands, shall affix to such motor vehicle a notification sticker in a manner so as to be readily visible. This notification sticker shall contain the following information:
(1) the date and time the notification sticker was affixed to the motor vehicle;
(2) a statement that pursuant to this Section, if the motor vehicle is not removed within 24 hours of the time the sticker was affixed, it shall be taken into custody and stored at the owner's expense;
(3) the location and telephone number where additional information may be obtained; and
(4) the identity of the affixing officer.
If the motor vehicle is not removed within such 24 hour period, the affixing department shall take such motor vehicle into its custody and cause the same to be stored in a suitable place, except that such department shall make a reasonable attempt to notify the owner of any such motor vehicle which is determined to be stolen prior to taking such vehicle into its custody and shall allow such owner to make arrangements for removal of such vehicle.
d. If the motor vehicle has no registration marker plates or invalid registration marker plates, and if such inspector or officer makes a determination in good faith that:
(1) the motor vehicle is apparently abandoned,
(2) the market value of such motor vehicle in its current condition is $100 or less, and
(3) the motor vehicle is so vandalized, damaged, or in disrepair as to be unusable as a motor vehicle.
Title to such motor vehicle shall, upon taking custody of such motor vehicle, immediately vest in the tribe.
Within 48 hours of the time that such motor vehicle is taken into custody, the affixing department shall notify the chairman of the Public Safety Committee, in writing, of the vehicle identification number and a description of the motor vehicle. Upon sale or other disposition of the motor vehicle, the affixing department shall give written notice by certified mail to the person who was the owner of such motor vehicle at the time of abandonment, if known, which notice shall state that the motor vehicle has been sold or otherwise disposed of. The proceeds of the sale or disposition, or the fair market value of the motor vehicle in its current condition, whichever is greater, less the towing and sale or disposal expenses and the amount of any fines due, shall be paid to such person or his representatives, if claimed by him or them within one year from the date of sale. If such balance is not claimed within such period, it shall escheat to the tribe. If the expenses incurred by the tribe for towing and the sale or disposition of such motor vehicle and any such fines exceed the proceeds of such sale or disposition, such person shall be liable to the tribe for such excess amount.
e. Within 48 hours of the time that a motor vehicle is taken into custody and stored pursuant to subsection (b) or (c) of this Section, the affixing department shall give written notice by certified mail to the owner of such motor vehicle, if known, which notice shall state:
(1) that the motor vehicle has been taken into custody and stored,
(2) the location of storage of the motor vehicle,
(3) that, unless title has already vested in the tribe pursuant to subsection (d), such motor vehicle may be sold after 15 days if the market value of such motor vehicle does not exceed $500 or after 90 days if the value of such motor vehicle exceeds $500, and
(4) that the owner has a right to contest the validity of such taking by application, on a form prescribed by the Public Safety Committee, within 10 days of the filing of the notice the tribal court shall schedule a hearing to determine whether or not the taking was valid. Whenever a vehicle is towed the registered owner of the vehicle shall be notified by mail by the tribal police of the date and time of the towing, the location of the vehicle and the owners right to contest the validity of the towing.
f. Tribal public works or such other place where such motor vehicle is stored shall have a lien upon the same for storage charges. Unless title has already vested in the tribe pursuant to subsection (d), if the current market value of such motor vehicle as determined in good faith by such owner or keeper does not exceed $500 and such motor vehicle has been stored for a period of not less than 15 days, such owner or keeper may, unless an application filed by the owner pursuant to subsection (d) of this Section is pending and the owner of such motor vehicle has notified such owner or keeper that such application for hearing has been filed, sell the same for storage and towing charges owed thereon, provided a notice of intent to sell shall be sent to the chairman of the Public Safety Committee and the owner of such motor vehicle, if known, five days before the sale of such vehicle. If the current market value of such motor vehicle as determined in good faith by such owner or keeper exceeds $500 dollars and if such motor vehicle has been so stored for a period of 90 days, such owner or keeper shall, unless an application filed by the owner pursuant to subsection (d) of this Section is pending and the owner of such motor vehicle has notified such owner or keeper that such application for hearing has been filed, sell the same at public auction for cash, at his place of business, and apply the avails of such sale toward the payment of his charges and the payment of any debt or obligation incurred by the officer who placed the same in storage, provided such sale shall be advertised in The Pequot Times three times, commencing at least five days before such sale; and, if the last place of abode of the owner of such motor vehicle is known to or may be ascertained by such garage owner or keeper by the exercise of reasonable diligence, notice of the time and place of sale shall be given him by mailing such notice to him in a registered or certified letter, postage paid, at such last usual place of abode, at least five days before the time of sale.
g. The garage owner or keeper shall report the sales price, storing, towing and repair charges, if any; buyer's name and address; and identification of the vehicle, to the Public Safety Committee within 15 days after the sale of the motor vehicle. The proceeds of such sale, after deducting the amount due such garage owner or keeper and all expenses connected with such sale, including the expenses of the officer who placed such motor vehicle in storage, shall be paid to the owner of such motor vehicle or his legal representatives, if claimed by him or them at any time within one year from the date of such sale. If such balance is not claimed within said period, it shall escheat to the tribe.
h. If the owner of such motor vehicle placed in storage in accordance with the provisions of this Section does not claim such motor vehicle within 30 days, the owner of such garage or other place of storage shall, within 45 days of the date such motor vehicle was placed in storage with him, send a written notice to the Public Safety Committee, stating the make, engine number and chassis number of such motor vehicle, the date such motor vehicle was left with him for storage and by whom and the registration number thereof if any number plates are on such motor vehicle, which notice shall be placed on file by the Public Safety Committee and shall be subject to public inspection. The fee for filing such notice shall be $5. Any sale under the provisions of this Section shall be void, unless the notice required by this Section has been given to the Public Safety Committee.
Section 11. Refund of Money Paid to Tribal Court
The comptroller, upon order of the tribal court, may draw his order on the treasurer of the Mashantucket Pequot Tribal Nation in favor of any person equitably entitled to the refund of any money paid to the tribal court for the amount of such refund.
Section 12. Driving on Ice
No person shall drive any motor vehicle on the frozen surface of any public body of water. The presence of any motor vehicle on any such frozen surface shall be prima evidence of a violation of this Section. This Section shall not apply to motor vehicles owned and being used by or being operated pursuant to a contract with governmental agencies or owned and being used by an educational institution.
CHAPTER 6. MOTOR VEHICLE ANTITHEFT ACT
Section 1. Definitions
Except when the context otherwise requires, as used in this Chapter:
a. "Identification Number" means the numbers and letters, if any, on a vehicle designated by the commissioner of the state of origin for the purpose of identifying the vehicle.
b. "Implement of Husbandry" means a vehicle registered as a farm vehicle or a vehicle designated and adapted exclusively for agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of husbandry.
c. "Lienholder" means a person holding a security interest in a vehicle.
d. "Owner" means a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
e. "Security Agreement" means an agreement which creates or provides for a security interest.
f. "Security Interest" means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer is limited in effect to a reservation of a "security interest." Whether a lease is intended as security is to be determined by the facts of each case; however,
(1) the inclusion of an option to purchase does not of itself make the lease one intended for security, and
(2) an agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the property for no additional consideration or for nominal consideration does make the lease one intended for security.
g. "State" means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada.
h. "Vehicle" means a motor vehicle as defined by VII M.P.T.L. ch. 1, §1.
Section 2. Penalties
a. A person who, with fraudulent intent:
(1) alters, forges or counterfeits a certificate of title;
(2) alters or forges an assignment of a certificate of title, or an assignment or release of a security interest, on a certificate of title or other official document prescribed by the commissioner of the state of origin;
(3) has possession of or uses a certificate of title knowing it to have been altered, forged or counterfeited; or
b. A person who:
(1) with fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;
(2) willfully fails to deliver to his transferee a certificate of title within 10 days after the time required by this chapter; or
(3) willfully violates any provision of this chapter, except as provided in subsection (a), shall be fined not less than $500 and not more than $1,000.
Section 3. Report of Stolen, Recovered, Unclaimed or Abandoned Vehicle
a. A tribal police officer, who learns of the theft of a vehicle not since recovered, or of the recovery of a vehicle whose theft or conversion he knows or has reason to believe has been reported to the tribal police, shall forthwith report the theft or recovery to the chief of the tribal police and to the tribal prosecutor who shall use their best efforts to ensure that the vehicle is returned to the owner thereof.
b. An operator of a place of business in which there is stored an abandoned or unclaimed vehicle for a period of 30 days, shall, within five days after the expiration of that period, report the vehicle as unclaimed or abandoned to the tribal police. A vehicle left by its owner whose name and address are known to the operator or his employee is not considered unclaimed.
c. The chief of the tribal police shall maintain public records of stolen, converted, recovered, abandoned and unclaimed vehicles reported to them.
Section 4. False Report
A person who knowingly makes a false report of the theft or conversion of a vehicle to a tribal police officer shall be fined not less than $100 and not more than $500.
Section 5. Impeachment of Credibility of Defendant
In a prosecution for a crime specified in this Chapter, a certified copy of a conviction under §2(a) of this Chapter, is admissible to impeach the credibility of the defendant.
CHAPTER 7. VEHICLE HIGHWAY USE
Section 1. Definitions
Terms used in this chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the general assembly:
a. "Carrier" means
(1) any local or regional school district, any educational institution providing elementary or secondary education or any person, firm or corporation under contract to such district or institution engaged in the business of transporting school children or children in transit to the tribal Community Center, Child Advocacy Center or, the Child Development Center.
(2) any person, firm or corporation providing transportation for compensation exclusively to persons under the age of 21 years; or
(3) any corporation, institution or nonprofit organization providing transportation as an ancillary service primarily to persons under the age of 18 years.
b. "Curb" includes the boundary of the traveled portion of any tribal highway, whether or not the boundary is marked by a curbstone.
c. "Intersection" means the area embraced within the prolongation of the lateral curb lines of two or more highways which join one another at an angle, whether or not one of the highways crosses the other.
d. "Motor Vehicle" includes all vehicles used on the public highways.
e. "Parking Area" means lots, areas or other accommodations for the parking of motor vehicles off the tribal highways and open to public use with or without charge;
f. "Student Transportation Vehicle" means any motor vehicle other than a registered school bus used by a carrier for the transportation of students, including children requiring special education; and
g. "Vehicle" is synonymous with "motor vehicle".
As used in VII M.P.T.L. ch. 7, §§10, 32, 47, 48 and 49:
h. "Converter Dolly" means an axle to which is attached a hook engaged to an eye at the rear of a trailer and normally used in conjunction with the last trailer of a commercial vehicle combination.
i. "Commercial Vehicle Combination" means a combination of vehicles consisting of a truck tractor and two trailers, with the length of each trailer being not more than 28 feet, exclusive of safety and energy conservation devices, such as rear view mirrors, turn signal lamps, marker lamps, steps and handholds for entry and egress, flexible fender extensions, mudflaps and splash and spray suppressant devices, load-induced tire bulge, refrigeration units, air compressors or air shields and other devices, which the secretary of the federal Department of Transportation may interpret as necessary for the safe and efficient operation of such vehicles, provided no such device has by its design or use the capability to carry cargo.
j. "Class 1 License" means a license designated class 1 by the Connecticut Commissioner of Motor Vehicles.
k. "Commercial Driver's License" or "CDL" means a license issued by a state which has enacted into law legislation in conformity with the Commercial Motor Vehicle Safety Act of 1986, Title XII, P.L. 99-570, which has been issued to an individual in accordance with the standards specified in the Code of Federal Regulations Title 49, Part 383, as amended, and which authorizes such individual to operate a class of commercial motor vehicle.
l. "CDL Equivalent License" means a license issued by a state which has not enacted into law legislation in conformity with the Commercial Motor Vehicle Safety Act of 1986, Title XII, PL 99-570, but which, in the judgment of the Connecticut Commissioner of Motor Vehicles, has been issued to an individual in accordance with standards no less stringent than those specified in the Code of Federal Regulations Title 49, Part 383, as amended, with respect to the knowledge, skills and driving record necessary for the individual to safely operate a commercial vehicle combination.
m. "Endorsement" means an authorization to the commercial driver's license required to permit the individual to operate a commercial vehicle combination pursuant to the Code of Federal Regulations Title 49, Section 383.93, as amended.
n. "Endorsed Commercial Driver's License" or "endorsed CDL" means a commercial driver's license as defined in subsection (j) of this Section with an endorsement as defined in subsection (m).
o. "Fullmount" means a combination of vehicles as defined in the Code of Federal Regulations Title 23, Part 658, as amended.
p. "Saddlemount" means a combination of vehicles as defined in the Code of Federal Regulations Title 23, Part 658, as amended.
q. "Dromedary Box" means a cargo-carrying container mounted on the frame of a tractor and located behind the cab.
Section 2. Fines Doubled for Moving Motor Vehicle Violations Committed within
Highway Construction Zones. Signs
a. The tribal court shall impose an additional fee equivalent to 100% of the fine established or imposed for the violation of the provisions of VII M.P.T.L. ch. 7, §§3, 4, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 19, 25, 26, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 47, 50, 52, 58, 60, VII M.P.T.L. ch. 7, §§62(e) or (g), VII M.P.T.L. ch. 7, §73 or 75, for any such violation committed while construction work is ongoing within a highway construction zone designated in a conspicuous manner by the Public Safety Committee, the tribal Public Works Department or the Planning Department.
b. The departments and committees as provided in section (a) herein shall cause or otherwise permit the posting of a sign (1) at the beginning of a highway construction zone which shall read as follows: "ROAD WORK AHEAD FINES DOUBLED" and (2) at the end of such zone which shall read as follows: "END ROAD WORK".
The tribe or any agency or employee of the tribe shall not be civilly liable for any injuries or damages to any person or property which may result, either directly or indirectly, from failure on the part of the said departments or committees to post any sign required under subsection (b) of this Section.
Section 3. Operation Without Carrying Operator's License
Each operator of a motor vehicle shall carry his operator's license while operating such vehicle.
Section 4. Operation Prohibited when Insurance Coverage Fails to Meet Minimum
Requirements. Penalty
No owner of any private passenger motor vehicle or a vehicle with a combination or commercial registration, as defined in VII M.P.T.L. ch. 1, §1, registered or required to be registered in their state of origin may operate or permit the operation of such vehicle without the security required by their state of origin or with security insufficient to meet the minimum requirements set forth by their state of origin. Failure of the operator to produce an insurance identification card as required by VII M.P.T.L. ch. 7, §8, shall constitute prima facie evidence that the owner has not maintained the security required by this Section.
Section 5. Instruction of Person who Holds a Motor Vehicle Learner's Permit
Any licensed operator, being 20 years of age or older and having had an operator's license to operate a motor vehicle of the same class as the motor vehicle being operated for at least four years preceding the date of such instruction, may instruct a person 16 or 17 years of age who holds a learner's permit issued by the state of Connecticut, or a person who is 18 years of age or older, in the operation of a motor vehicle. Any person so instructing another in the use of any motor vehicle shall be responsible for the operation thereof.
Section 6. Operation while Registration or License is Suspended or Revoked
a. No person to whom an operator's license has been suspended or revoked by the appropriate authority of any state or by the tribal court shall operate any motor vehicle during the period of such refusal, suspension or revocation. No person shall operate or cause to be operated any motor vehicle, the registration of which has been suspended or revoked, or any motor vehicle, the right to operate which has been suspended or revoked.
b. Any person who operates any motor vehicle during the period his operator's license or right to operate a motor vehicle on tribal lands is under suspension or revocation on account of a violation of VII M.P.T.L. ch. 7, §19(a) or VII M.P.T.L. ch. 7, §20, shall be fined not less than $500 nor more than $1,000.
c. In addition to the fine as provided herein, such person shall have his right to operate on tribal highways immediately suspended for a period of not less than one year and not more than three years.
Section 7. Operation by Persons under Eighteen without Insurance
No person under the age of 18 years shall operate any motor vehicle upon the tribal highways, and no person shall cause or permit such operation of any motor vehicle by any such person, unless such motor vehicle has been insured for the amounts required by the state or jurisdiction where the motor vehicle is registered. This Section shall not apply to any motor vehicle bearing farm registration plates.
Section 8. Operator to give Name and Address and Show or Surrender License,
Registration and Insurance Identification Card when Requested
Any person who is operating or in charge of any motor vehicle, when requested by any tribal police officer shall produce his drivers license and the registration of the vehicle he is operating. Any person who is involved in an accident which involves a motor vehicle he is operating or in charge of is concerned, when requested by any other person shall give his name and address or the name and address of the owner of the motor vehicle. No person involved in an accident may give a false name or address, or refuse, on demand of a tribal police officer, or other person, to produce his motor vehicle registration certificate, operator's license and any automobile insurance identification card for the vehicle or to permit such tribal police officer, or such other person to take the operator's license, registration certificate and any such insurance identification card in hand for the purpose of examination, or refuse, nor shall any person, on demand of such officer, or such other person, refuse to sign his name in the presence of such officer, agent or such other person. No person may refuse to surrender his license to operate motor vehicles or the certificate of registration of any motor vehicle operated or owned by him or such insurance identification card or fail to produce his license when requested by a court. Violation of any provision of this Section shall be subject to the Fine Schedule. No person shall be in violation of this Section if they are physically incapable, due solely to an injury resulting from the accident, of producing a license, registration or insurance card provided that the said information is provided at the first reasonable opportunity.
Section 9. Traveling Unreasonably Fast
a. No person shall operate a motor vehicle upon any tribal highway, or road, or on any parking area as defined in VII M.P.T.L. ch. 7, §1, or upon a private road on which a speed limit has been established in accordance with this subsection, or upon any school property or on property where school-age children and or infants are cared for, at a rate of speed greater than is reasonable, having regard to the width, traffic and use of highway, road or parking area, the intersection of streets and weather conditions. The Public Safety Committee shall have sole and exclusive authority to determine speed limits which are reasonable and safe on any tribal highway, bridge or parkway built or maintained by the tribe, and differing limits may be established for different types of vehicles, and shall have sole and exclusive authority to erect or cause to be erected signs indicating such speed limits.
b. Any person who operates a motor vehicle at a greater rate of speed than is reasonable, other than speeding, as provided for in VII M.P.T.L. ch. 7, §10, shall be guilty of traveling unreasonably fast.
c. In addition to the penalty imposed by the Fine Schedule, any person found to be in violation of this Section shall have their right to operate a motor vehicle on a tribal highway restricted or suspended for a period of not less than 30 days and not more than 90 days, for a subsequent violation thereof, for a period of not less than six months and not more than one year.
Section 10. Speeding
a. No person shall operate any motor vehicle
(1) upon any highway, road or any parking area, at such a rate of speed as to endanger the life of any occupant of such motor vehicle; or
(2) at a rate of speed greater than the posted speed limit.
b. In addition to the penalty imposed by the Fine Schedule, any person found to be in violation of this Section shall have their right to operate a motor vehicle on a tribal highway restricted or suspended for a period of not less than 30 days and not more than 90 days. For a subsequent violation thereof, for a period of not less than six months and not more than one year.
c. No person shall be subject to prosecution for a violation of both subsection (a) of this Section and VII M.P.T.L. ch. 67, §13(a), because of the same offense.
Section 11. Use of Speed Monitoring Devices to Support a Conviction
A prima facie presumption of accuracy sufficient to support a conviction under VII M.P.T.L. ch. 7, §10, will be accorded to a radar, speed monitoring laser, vascar device or any other speed monitoring device only upon testimony by a tribal police officer that:
a. the tribal police officer operating the radar, laser, vascar device or other device has adequate training and experience in its operation;
b. the radar, laser, vascar device or other device was in proper working condition at the time of the arrest, established by proof that suggested methods of testing the proper functioning of the device were followed;
c. the radar, laser, vascar device or other device was used in an area where road conditions provide a minimum possibility of distortion;
d. if moving radar was used, the speed of the patrol car was verified; and
e. the radar, laser, vascar device or other device was expertly tested within a reasonable time following the arrest, and such testing was done by means which do not rely on the internal calibrations of such radar, laser, vascar device or other device.
Section 12. Slow Speed
a. No person shall operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except, in either case, when reduced speed is necessary for safe operation or in an emergency, or in compliance with the law or the direction of an officer. The provisions of this Section shall not apply to:
(1) maintenance vehicles or equipment of the tribe or any tribal highway department, or to such vehicles or equipment of a contractor under contract with any such department while engaged in maintenance operations; or to any such vehicle which while traveling on any other highway is being driven at such a slow speed as to obstruct or endanger following traffic, provided the operator thereof employs flashing lights on such motor vehicle.
b. In addition to the penalty imposed by the Fine Schedule, any person found to be in violation of this Section for a second time in a two year time period shall have their right to operate a motor vehicle on a tribal highway restricted or suspended for a period of not less than 30 days and not more than 90 days, for a subsequent violation thereof the right to operate a motor vehicle on a tribal highway shall be suspended for a period of six months.
Section 13. Reckless Driving
a. No person shall operate any motor vehicle upon tribal highways on which a speed limit has been established in accordance with the provisions of VII M.P.T.L. ch. 7, §9, or upon any school or tribal day care property recklessly, having regard to the width, traffic and use of such road, school property or parking area, the intersection of streets and the weather conditions. The operation of a motor vehicle upon any such road or parking area at such a rate of speed as to endanger the life of any person other than the operator of such motor vehicle, or the operation knowingly of a motor vehicle with defective mechanism, shall constitute a violation of the provisions of this Section. The operation of a motor vehicle upon any such road or at a rate of speed greater than 75 miles per hour shall constitute a violation of the provisions of this Section.
b. Any person who violates any provision of this Section shall be fined pursuant to the fine schedule and shall have their right to operate a motor vehicle on tribal highways restricted or suspended for a period of time not less than 30 days nor more than 90 days and, for a subsequent violation thereof, shall have their right to operate a motor vehicle on a tribal highway suspended for a period of not less than six months and not more than one year.
Section 14. Negligent Homicide with a Motor Vehicle
Any person who, in consequence of the negligent operation of a motor vehicle, causes the death of another person shall be fined not less than $500 and not more than $1,000. In addition to the said fine such person shall also have their right to operate a motor vehicle on tribal highways suspended for a period of not less than one year and not more than five years.
Section 15. Failure to Bring Motor Vehicle to Full Stop when Signaled. Disregard
of Signal. Penalty
a. No person shall fail to promptly bring his motor vehicle to a full stop upon the signal of any tribal police officer in uniform or prominently displaying the badge of his office, or disobeys the direction of such officer with relation to the operation of his motor vehicle.
b. No person, when signaled to stop by an officer in a police vehicle using an audible signal device or flashing or revolving lights, shall increase his speed in an attempt to escape or elude such tribal police officer.
c. Any person who violates any provision of this Section shall be fined pursuant to the fine schedule and shall have their right to operate a motor vehicle on tribal highways restricted or suspended for a period of time not less than 30 days nor more than 90 days and, for a subsequent violation thereof, shall have their right to operate a motor vehicle on a tribal highway suspended for a period of not less than six months and not more than one year.
Section 16. Evasion of Responsibility in Operation of Motor Vehicles. Racing.
Required Removal of Motor Vehicle from Traveled Portion of Highway
a. Each person operating a motor vehicle who is knowingly involved in an accident which causes serious physical injury, as defined in II M.P.T.L., to or results in the death of any other person shall at once stop and render such assistance as may be needed and such operator shall immediately report such death or serious physical injury of any person to a tribal police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the death or serious physical injury of any person and his name, address, operator's license number and registration number.
b. Each person operating a motor vehicle who is knowingly involved in an accident which causes physical injury, as defined in II M.P.T.L., to any other person or injury or damage to property shall at once stop and render such assistance as may be needed and such operator shall immediately report such physical injury of any person or injury or damage to property to a tribal police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the physical injury of any person or the injury or damage to property and his name, address, operator's license number and registration number.
c. No person shall operate a motor vehicle upon any public highway for a wager or for any race or for the purpose of making a speed record.
d. Each person operating a motor vehicle who is knowingly involved in an accident on a public highway which causes damage to property only shall immediately move or cause his motor vehicle to be moved from the traveled portion of the highway to an untraveled area which is adjacent to the accident site if it is possible to move the motor vehicle without risk of further damage to property or injury to any person.
e. Any person who violates any provision of this Section shall be fined $1,000 and shall have their right to operate a motor vehicle on tribal highways restricted or suspended for a period of time not less than six months nor more than one year and, for a subsequent violation thereof, shall be fined $1,000 and have their right to operate a motor vehicle on a tribal highway suspended for a period of not less than one year nor more than three years.
Section 17. Evading Responsibility in Operation of Other Vehicles
a. Any person riding on, propelling, driving or directing any vehicle, except a motor vehicle, on a tribal highway or on any school or day care property, or on property where school-age children and or infants are cared for, who has knowledge of having caused injury to the person or property of another and neglects, at the time of the injury, to stop and ascertain the extent of the injury and to render assistance, or refuses to give his name and address, or gives a false name or address when the same is asked for by the person injured or by any other person in his behalf or by a tribal police officer, sheriff, deputy sheriff, motor vehicle inspector or constable, shall be fined not less than $500 and not more than $1,000.
b. In addition to the fine provided in subsection (a), any person who violates any provision of this Section shall have their right to operate a motor vehicle on tribal highways suspended for a period of time not less than one year nor more than five years and, for a subsequent violation thereof, shall have their right to operate a motor vehicle on a tribal highway suspended for a period of not less than five years.
Section 18. Operator to Report Injury to Dog
Any person who has knowledge of causing, by the operation of a motor vehicle, injury or death to a dog shall at once stop and render such assistance as may be possible, shall immediately report such injury or death to such dog's owner or such owner's representative and shall give his name, address and operator's license and registration numbers to such owner or representative or any witness or tribal police officer. If unable to ascertain and locate such owner or representative, such operator shall, at once, report the injury or death to a tribal police officer, or the tribal animal control officer, to whom he shall give the location of such accident and a description of the dog. No operator shall be convicted under the provisions of VII M.P.T.L. ch. 7, §16(b), when such operator has caused injury or death to a dog.
Section 19. Operation While under the Influence of Liquor or Drugs or while
Impaired by Liquor
a. Operation while under the influence. No person shall operate a motor vehicle while under the influence of intoxicating liquor or any controlled substance or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any controlled substance or both if he operates a motor vehicle within the exterior boundaries of tribal lands on a tribal highway, or in any parking area or on any day care or school property or on property where school-age children and or infants are cared for:
(1) while under the influence of intoxicating liquor or any controlled substance or both, or
(2) while the ratio of alcohol in the blood of such person is ten-hundredths of 1% or more of alcohol, by weight.
b. Operation while impaired. No person shall operate a motor vehicle within the exterior boundaries of tribal lands on a tribal highway, or in any parking area or on any day care or school property or on property where school-age children and or infants are cared for while his ability to operate such motor vehicle is impaired by the consumption of intoxicating liquor or a controlled substance. A person shall be deemed impaired when at the time of the alleged offense the ratio of alcohol in the blood of such person was more than seven-hundredths of 1% of alcohol, by weight, but less than .010 of 1% of alcohol, by weight. A tribal police officer may detain any person suspected of operating a motor vehicle while impaired by the consumption of intoxicating liquor or while under the influence of any controlled substance. A tribal police officer may call in a member of the Connecticut state police to arrest any person so detained for prosecution in a state court and shall supply any evidence seized as a part of the detention and such tribal police officer shall cooperate in any subsequent state proceeding.
c. Admissibility of chemical analysis. Except as provided in subsection (d) of this Section, in any prosecution for violation of subsection (a) or (b) of this Section, evidence respecting the amount of alcohol or drug in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's breath, blood or urine shall be admissible and competent provided:
(1) the defendant was afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and consented to the taking of the test upon which such analysis is made;
(2) a true copy of the report of the test result was mailed to or personally delivered to the defendant within 24 hours or by the end of the next regular business day, after such result was known, whichever is later;
(3) the test was performed by or at the direction of a tribal police officer according to methods and with equipment approved by the chief of the tribal police
(4) if a blood test is taken, it shall be on a blood sample taken by a person licensed by any state to practice medicine and surgery, a phlebotomist, a qualified laboratory technician, an emergency medical technician II or a registered nurse;
(5) the device used for such test was checked for accuracy immediately before and after such test was performed by a person certified by any state or by the chief of the tribal police department;
(6) an additional chemical test of the same type was performed at least 30 minutes after the initial test was performed or, if requested by the tribal police officer for reasonable cause, an additional chemical test of a different type was performed to detect the presence of a drug or drugs other than or in addition to alcohol, provided the results of the initial test shall not be inadmissible under this subsection if reasonable efforts were made to have such additional test performed in accordance with the conditions set forth in this subsection and such additional test was not performed or was not performed within a reasonable time, or the results of such additional test are not admissible for failure to meet a condition set forth in this subsection; and
(7) evidence is presented that the test was commenced within two hours of operation. In any prosecution under this Section it shall be a rebuttable presumption that the results of such chemical analysis establish the ratio of alcohol in the blood of the defendant at the time of the alleged offense, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such defendant is .012 of 1% or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and the analysis thereof accurately indicate the blood alcohol content at the time of the alleged offense.
d. Evidence of blood alcohol content. In any prosecution for operating a motor vehicle while under the influence of intoxicating liquor or any controlled substance drug or both, reliable evidence respecting the amount of alcohol in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's blood, breath or urine, otherwise admissible under subsection (c) of this Section, shall be admissible only at the request of the defendant.
e. Evidence of refusal to submit to test. In any prosecution for a violation of subsection (a) or (b) of this Section, evidence that the defendant refused to submit to a blood, breath or urine test requested in accordance with VII M.P.T.L. ch. 7, §20 shall be admissible provided the requirements of subsection (b) of said Section have been satisfied. If a case involving a violation of subsection (a) of this Section is tried to a jury, the court shall instruct the jury as to any inference that may or may not be drawn from the defendant's refusal to submit to a blood, breath or urine test.
f. Reduction, nolle or dismissal prohibited. If a person is charged with a violation of the provisions of subsection (a) of this Section, the charge may not be reduced, nolled or dismissed unless the prosecuting authority states in open court his reasons for the reduction, nolle or dismissal.
g. Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this Section shall:
(1) for conviction of a first violation be fined not less than $500 nor more than $1,000 and have his right to operate a motor vehicle on tribal highways restricted or suspended for not less than one year nor more than three years;
(2) for conviction of a second violation within three years after a prior conviction of subsection (a) or (b) of this Section, shall be fined not less than $1,000 and have his motor vehicle operating privilege on tribal highways suspended for not less than two years nor more than five years;
(3) for conviction of a third violation within three years after a prior conviction of subsection (a) or (b) of this Section, be fined not less than $1,000 and have his motor vehicle operating privilege on tribal highways suspended for five years; and
(4) for conviction of a fourth violation within three years after a prior conviction of subsection (a) or (b) of this Section, shall be fined not less than $1,000 and have his motor vehicle operating privilege on tribal highways permanently revoked.
h. Penalties for operation while impaired. Any person who violates subsection (b) of this Section shall be fined not less than $300 nor more than $500. For a conviction of a second violation of subsection (b) of this Section within three years after a prior conviction of subsection (b) of this Section shall be fined not less than $500 nor more than $1,000. In addition to the fine for a second conviction of subsection (b) within a three year time period the violator shall also have their right to operate a motor vehicle on a tribal highway restricted or suspended for not less than six months nor more than one year. For any subsequent violations of subsection (b) of this Section within three years after a prior conviction of subsection (b) of this Section the violator shall be fined $1,000 and shall have his motor vehicle operating privilege on tribal highways suspended for five years.
i. Suspension of operator's license.
(1) The suspension of a motor vehicle operator's operating privilege on tribal highways imposed under this Section shall take effect immediately upon the expiration of any period in which an appeal of any conviction under this Section may be taken; provided if an appeal is taken, the suspension shall be stayed during the pendency of such appeal.
(2) The motor vehicle operator's operating privilege of a person found guilty under subsection (a) of this Section who is under 18 years of age shall be suspended for the period of time set forth in this Section, or until such person attains the age of 18 years, whichever period is longer.
j. Seizure and admissibility of chemical analysis of blood sample of injured operator. Notwithstanding the provisions of subsection (c) of this Section, evidence respecting the amount of alcohol or drug in the blood of an operator of a motor vehicle involved in an accident who has suffered or allegedly suffered physical injury in such accident, which evidence is derived from a chemical analysis of a blood sample taken from such person after such accident at the scene of the accident, while en route to a hospital or at a hospital, shall be competent evidence to establish probable cause for the arrest by warrant of such person for a violation of subsection (a) of this Section and shall be admissible and competent in any subsequent prosecution thereof if:
(1) the blood sample was taken for the diagnosis and treatment of such injury;
(2) the blood sample was taken by a person licensed to practice medicine, a resident physician or intern in any hospital, a phlebotomist, a qualified laboratory technician, an emergency medical technician II or a registered nurse;
(3) a tribal police officer has demonstrated to the satisfaction of a judge of the tribal court that such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor or drug or both and that the chemical analysis of such blood sample constitutes evidence of the commission of the offense of operating a motor vehicle while under the influence of intoxicating liquor or drug or both in violation of subsection (a) of this Section; and
(4) such judge has issued a search warrant authorizing the seizure of the chemical analysis of such blood sample.
k. "Phlebotomist" defined. For the purpose of this Section, "phlebotomist" means a staff member of a hospital, who performs venipunctures to obtain blood samples as ordered by a licensed physician and is under the jurisdiction of the chief of pathology.
Section 20. Implied Consent to Test. Suspension of Right to Operate for Refusing
to Submit to Test or Having Elevated Blood Alcohol Content. Hearing
a. Any person who operates a motor vehicle on tribal lands shall be deemed to have given his consent to a chemical analysis of his blood, breath or urine and, if said person is a minor, his parent or parents or guardian shall also be deemed to have given his consent.
b. XX M.P.T.L., Civil Rights Code shall apply to any person stopped or detained by the tribal police under suspicion that they are in violation of VII M.P.T.L. ch. 7, §19. If any such person is stopped or detained by the tribal police for operating a motor vehicle while under the influence of intoxicating liquor or any controlled substance or both or while his ability to operate such motor vehicle is impaired by the consumption of intoxicating liquor, and thereafter, after being apprised of his rights under XX M.P.T.L., Civil Rights Code having been requested to submit to a blood, breath or urine test at the option of the tribal police officer, having been afforded a reasonable opportunity to telephone an attorney prior to the performance of such test and having been informed that his operating privilege may be suspended in accordance with the provisions of this Section if he refuses to submit to such test or if he submits to such test and the results of such test indicate that the ratio of alcohol in his blood was ten-hundredths of 1% or more of alcohol, by weight, and that evidence of any such refusal shall be admissible and may be used against him in any prosecution, refuses to submit to the designated test, the test shall not be given; provided, if the person refuses or is unable to submit to a blood test, the tribal police officer shall designate the breath or urine test as the test to be taken. The tribal police officer shall make a notation upon the records of the police department that he informed the person that his operating privilege may be suspended if he refused to submit to such test or if he submitted to such test and the results of such test indicated that the ratio of alcohol in his blood was ten-hundredths of 1% or more of alcohol, by weight. The police department records shall be admissible in any subsequent prosecution.
c. The provisions of this Section shall apply with the same effect to the refusal by any person to submit to an additional chemical test as provided in Chapter 7.
d. The provisions of this Section shall not apply to any person whose physical condition is such that, according to competent medical advice, such test would be inadvisable.
e. The tribe shall pay the reasonable charges of any physician who, at the request of the tribal police department, takes a blood sample for purposes of a test under the provisions of this Section.
Section 21. Alcohol and Drug Addiction Treatment Program. Waiver. Appeal.
Regulations
a. Any person whose motor vehicle operating privilege is suspended under VII M.P.T.L. ch. 7, §19(g) or (h), for a conviction of a second or subsequent violation of subsection (a) or (b) of said Section or under VII M.P.T.L. ch. 7, §20 for a second or subsequent time shall participate in a treatment program approved by the tribal court. The tribal court shall not reinstate the operating privilege of any such person until such person submits evidence to the tribal court that he has satisfactorily completed the treatment program.
Section 22. Suspension of Motor Vehicle Operating Privilege of Person under
Twenty-One when Blood Alcohol Content Exceeds Two-Hundredths of 1%. Notice.
Hearing
a. Any tribal police officer who stops or detains an operator of a motor vehicle who is under 21 years of age and who the officer reasonably believes has consumed alcoholic liquor and who exhibits some indicia of impairment from such consumption of alcoholic liquor may administer or cause to be administered a blood, breath or urine test to such person in accordance with the provisions of VII M.P.T.L. ch. 7, §20. The fact that the operator of a motor vehicle appears to be 16 years of age or over but under 21 years of age shall not constitute a reasonable and articulable suspicion that an offense has been or is being committed so as to justify an investigatory stop of such motor vehicle by a tribal police officer.
b. If the results of such test commenced within two hours of the time of operation indicate that the ratio of alcohol in the blood of such person is more than .002 of 1% of alcohol, by weight, but less than .010 of 1% of alcohol, by weight, the tribal police officer shall issue a report to the tribal prosecutor who shall initiate a civil action against the operator. The Mashantucket Pequot Tribal Court shall provide notice and an opportunity for a hearing within 45 days of receiving such report. The hearing shall be limited to a determination of the following
(1) did the tribal police officer have cause to stop or detain the person;
(2) was such person placed under custodial arrest;
(3) did such person submit to such test or analysis and the results of such test or analysis commenced within two hours of the time of operation indicate that the ratio of alcohol in the blood of such person was more than two-hundredths of one 1% of alcohol, by weight, but less than .010 of 1% of alcohol, by weight; and
(4) was such person operating the motor vehicle.
c. If, after such hearing, the tribal court does not find any one of said issues in the negative or if such person fails to appear at such hearing, the tribal court shall suspend such person's motor vehicle operating privilege on tribal highways for a period of six months. The tribal court shall render a decision at the conclusion of such hearing or send a notice of the decision by certified mail to such person not later than 45 days from the date the tribal police department received the report of the tribal police officer. The notice of such decision sent by certified mail to the address of such person as shown by the records of the tribal court shall be sufficient notice to such person that his motor vehicle operating privilege is suspended. Such suspension shall be in addition to any other penalties under the law.
Section 23. Leaving Motor Vehicle without Setting Brake
No person shall leave a motor vehicle stationary on a tribal highway without setting the brake in such manner as to prevent such vehicle from moving, unless it is occupied by a person able to control the same.
Section 24. Driving in Right-Hand Lane
a. Upon all tribal highways each vehicle shall be driven upon the right, except:
(1) when overtaking and passing another vehicle proceeding in the same direction,
(2) when overtaking and passing pedestrians, parked vehicles, animals or obstructions on the right side of the highway,
(3) when the right side of a highway is closed to traffic while under construction or repair,
(4) on a highway divided into three or more marked lanes for traffic, or
(5) on a highway designated and signposted for one-way traffic.
b. Any vehicle proceeding at less than the normal speed of traffic shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
Section 25. Vehicles in Opposite Directions to Pass on Right
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon highways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main-traveled portion of the highway as nearly as possible.
Section 26. Passing
Except as provided in VII M.P.T.L. ch. 7, §§28 and 29:
a. the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle; and
b. the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
Section 27. Passing on Right
The driver of a vehicle may overtake and pass upon the right of another vehicle only when conditions permit such movement in safety and under the following conditions:
a. when the vehicle overtaken is making or has signified the intention to make a left turn;
b. when lines of vehicles traveling in the same direction in adjoining traffic lanes have come to a stop or have reduced their speed;
c. upon a one-way street free from obstructions and of sufficient width for two or more lines of moving vehicles.
Section 28. Determination of No-Passing Zones
The Public Safety Committee shall have the sole and exclusive authority to determine those portions of any highway where overtaking and passing or driving to the left of the highway would be especially hazardous and may by appropriate signs or markings on the highway indicate the beginning and end of such zones. When such signs or markings are in place and clearly visible to an ordinarily observant person, each driver of a vehicle shall obey the directions thereof.
Section 29. Vehicle not to be Driven on Left Side of Highway on Curve or
Upgrade
No vehicle shall be driven to the left side of a tribal highway:
a. when approaching the crest of a grade or upon a curve or elsewhere in the highway where a free and unobstructed view of the highway ahead may not be had for a sufficient distance to insure driving with safety or
b. when approaching within 100 feet of or crossing any intersection.
These limitations shall not apply on a one-way street or highway so designated by the Public Safety Committee.
Section 30. One-Way Streets
The Public Safety Committee shall have the sole and exclusive authority to designate streets and highways under their jurisdiction for one-way traffic and shall erect signs, devices or markings giving notice thereof. Upon any highway so designated a vehicle shall be driven only in the direction indicated.
Section 31. Vehicles to be Driven Reasonable Distance Apart
a. No driver of a motor vehicle shall follow another vehicle more closely than is reasonable and prudent, having regard for the speed of such vehicles, the traffic upon and the condition of a tribal highway and weather conditions.
b. No person shall drive a vehicle in such proximity to another vehicle as to obstruct or impede traffic.
Section 32. Vehicles to be Driven Reasonable Distance Apart. Intent to Harass
or Intimidate
No person operating a motor vehicle shall follow another vehicle more closely than is reasonable and prudent, having regard for the speed of such vehicles, the traffic upon and the condition of the roadway or highway and weather conditions, with the intent to harass or intimidate the operator of the preceding motor vehicle.
Section 33. Turns
a. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the tribal highway.
b. At any intersection where traffic is permitted to move in both directions on each tribal highway entering the intersection, an approach for a left turn shall be made in that portion of the right half of the highway nearest the center line thereof and by passing to the right of such center line where it enters the intersection, and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the highway being entered.
c. At any intersection where traffic is restricted to one direction on one or more of the highways, the driver of a vehicle intending to turn left shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection the left turn shall be made so as to leave the intersection, as nearly as practicable, in the left-hand lane lawfully available to traffic moving in such direction upon the tribal highway being entered.
Section 34. Turns Restricted. Signals to be Given. Stopping. U-turns. Left
Turns
a. No person shall turn a vehicle at an intersection unless the vehicle is in a proper position on the tribal highway, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a tribal highway unless such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal.
b. A signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.
c. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in VII M.P.T.L. ch. 7, §36 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.
d. No person shall turn a vehicle so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of, a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet, or at any location where signs prohibiting U-turns are posted by the Public Safety Committee.
e. 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 within the area formed by the extension of the lateral lines of the private alley, road or driveway across the full width of the public highway with which it intersects, or so close to such intersection of public highways or to the area formed by the extension of the lateral lines of said private alley, road or driveway across the full width of the public highway as to constitute an immediate hazard.
Section 35. Starting or Backing Vehicle
a. No person shall move a vehicle which is stopped, standing or parked unless such movement can be made with reasonable safety and without interfering with other traffic, nor without signaling.
b. No person shall back a vehicle unless such movement can be made with reasonable safety and without interfering with other traffic.
Section 36. Signals
Any stop or turn signal required by VII M.P.T.L. ch. 7, §34 or 35 may be given either by means of the hand and arm or by a signal lamp or lamps or mechanical signal device. Hand signals shall be as follows:
a. to stop or decrease speed: hand and arm extended downward;
b. to turn left or to leave or draw away from a curb or the edge of the highway: hand and arm extended horizontally with forefinger pointed;
c. to turn right: hand and arm extended upward. Each operator of a motor vehicle who makes a turn signal by means of signal lamps or mechanical signal device shall turn in the direction indicated and return such signal to the nonoperating position immediately after completing the movement for which a signal has been given.
Section 37. Intersection. Right-of-Way
"Intersection" means the area common to two or more highways which cross each other.
Each driver of a vehicle approaching an intersection shall grant the right-of-way at such intersection to any vehicle approaching from his right when such vehicles are arriving at such intersection at approximately the same time, unless otherwise directed by a traffic officer.
Section 38. Right-of-way at Junction of Highways
The driver of any vehicle on a highway which joins but does not cross another highway shall, unless otherwise directed by a tribal police officer, grant the right-of-way at the point where such highways join to any vehicle approaching on the other highway from either direction when such vehicles are arriving at approximately the same time at the area which would be common to both highways if they crossed each other.
Section 39. Right of Way at Driveway or Private Road
The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right of way to all vehicles approaching on such highway.
Section 40. Right-of-way Yielded by One Emerging from Alley, Driveway or
Building
The driver of a vehicle within a business or residence area, emerging from an alley, driveway or building, shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.
Section 41. Vehicles Prohibited on Sidewalks
No person shall operate any motor vehicle upon, nor shall any motor vehicle be left parked, standing or stopped on or across, any public sidewalk except to cross such sidewalk to enter or leave adjacent areas or to perform necessary sidewalk construction, maintenance or snow removal.
Section 42. Parking Vehicles
No vehicle shall be permitted to remain stationary within 15 feet of any fire hydrant, or upon the traveled portion of any tribal highway except upon the right-hand side of such highway in the direction in which such vehicle is headed; and, if such highway is curbed, such vehicle shall be so placed that its right-hand wheels, when stationary, shall, when safety will permit, be within a distance of 12 inches from the curb. No vehicle shall be permitted to remain parked within 25 feet of an intersection or a marked crosswalk thereat, or within 25 feet of a stop sign caused to be erected by the Public Safety Committee. No vehicle shall be permitted to remain stationary upon the traveled portion of any highway at any curve or turn or at the top of any grade where a clear view of such vehicle may not be had from a distance of at least 150 feet in either direction. The Public Safety Committee has the sole and exclusive authority to post signs upon any highway at any place where the keeping of a vehicle stationary is dangerous to traffic, and the keeping of any vehicle stationary contrary to the directions of such signs shall be a violation of this Section. No vehicle shall be permitted to remain stationary upon the traveled portion of a tribal highway within 50 feet of the point where another vehicle, which had previously stopped, continues to remain stationary on the opposite side of the traveled portion of the same highway. No vehicle shall be permitted to remain stationary within the limits of a tribal highway in such a manner as to constitute a traffic hazard or obstruct the free movement of traffic thereon, provided a vehicle which has become disabled to such an extent that it is impossible or impracticable to remove it may be permitted to so remain for a reasonable time for the purpose of making repairs thereto or of obtaining sufficient assistance to remove it. Nothing in this Section shall 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 accident or to give a right-of-way to any vehicle or pedestrian.
Section 43. Parking so as to Obstruct Driveway
No person shall park or leave stationary on a tribal highway any vehicle in front of or so as to obstruct or interfere with the ingress to or egress from any private driveway or alleyway, except with the permission of the owner of such private driveway or alleyway. Such parking or stationary position of any vehicle with such permission shall be subject to existing parking regulations.
Section 44. Special License Plates and Removable Windshield Placards for
Tribal Elders, Disabled Veterans, Blind Persons and Persons with Disabilities
which Limit or Impair the Ability to Walk. Parking spaces. Penalty
a. For the purposes of this Section:
(1) "Special License Plate" means a license plate issued by a state, tribe or the United States for exclusive use by the handicapped, a veteran, or an otherwise disabled person;
(2) "Reserved Parking Placard" means a "Handicapped" parking placard that has been issued by the tribal clerk of the Mashantucket Pequot Tribe or by any state, a "Tribal Elders Parking " placard issued by the Elders Council of the Mashantucket Pequot Tribal Nation; a "Tribal Council" member parking placard issued by the secretary of the Tribal Council; a "Tribal Member Parking" placard issued by the Security Department of the Mashantucket Pequot Tribe, a "Tribal Employee Restricted Parking" placard issued by the Security Department of the Mashantucket Pequot Tribe or a "Restricted" parking placard issued by the management of the Gaming Enterprise;
(3) The CEO of the Gaming Enterprise shall appoint one person to be responsible for implementation of the policies and procedures that apply to the issuance of "Restricted" parking placards and all other parking matters at the Gaming Enterprise. The said person shall provide the Public Safety Committee with a copy of the policies and procedures that are proposed to apply to the issuance of a "Restricted" parking placard. The Public Safety Committee shall have authority to require modification of the said policies, and all amendments thereto, prior to implementation and shall have the authority to require their modification at any time thereafter.
(4) The designee of the CEO, as provided in Section (a)(3), above, shall provide a notice to the Public Safety Committee of an intent to establish a restricted parking area at the Gaming Enterprise. The Public Safety Committee shall have 30 days to approve or modify the notice. In the event that no action is taken on the notice within the specified 30 day period, then the proposed action shall be deemed approved as submitted. The existing restricted areas which are located at the Gaming Enterprise shall be deemed approved provided that they are in existence on the effective date of this law.
(5) "Restricted Parking Area" means a parking area reserved by order of the Mashantucket Pequot Tribal Council or the Public Safety Committee for exclusive use by either a handicapped individual, a tribal elder, Tribal Council members, tribal members or certain designated tribal employees. Restricted Parking areas also may be established by the management of the Gaming Enterprise provided that such parking is to be used by Gaming Enterprise employees, those doing business with or regulating the Gaming Enterprise or for enterprise customers.
b. Vehicles displaying a special license plate or a reserved parking placard issued for the purpose of identifying vehicles permitted to utilize a Restricted Parking Area shall be allowed to park in a space specifically designated for their use in such areas provided;
(1) the operator of or a passenger in such motor vehicle is parked in an area reserved for their use and;
(2) the corresponding reserved parking placard or special license plate is prominently displayed.
c. Vehicles bearing a special license plate or a reserved parking placard shall not utilize parking spaces reserved for persons entitled thereto when such vehicles are not being operated by or carrying as a passenger the person to whom such special license plate or reserved parking placard was issued.
d. Only those motor vehicles displaying an original special license plate or reserved parking placard shall be authorized to park in a Restricted Parking Area except that any ambulance, which is transporting a patient, may park in such area for a period not to exceed 15 minutes while assisting such patient.
e. Any motor vehicle parked in violation of the provisions of this subsection for the third or subsequent time shall be subject to being booted or towed from such designated area. Such vehicle shall be impounded until payment of any fines incurred is received. No person, firm or corporation engaged in the business of leasing or renting motor vehicles without drivers may be held liable for any acts of the lessee constituting a violation of the provisions of this subsection.
f. The Tribal Council and the Public Safety Committee and the management of the Gaming Enterprise shall have the authority to establish restricted parking areas.
g. Parking spaces in which parking shall be prohibited to all motor vehicles except vehicles displaying a handicapped special plate or placard shall be established according to the following schedule:
| Total Number of Parking Lot Spaces |
Number of Special Parking Spaces Required |
Required Van Spaces |
| 0-25 | 1 | 1 |
| 26-50 | 2 | 1 |
| 51-75 | 3 | 1 |
| 76-100 | 4 | 1 |
| 101-150 | 5 | 1 |
| 151-200 | 6 | 1 |
| 201-300 | 7 | 1 |
| 301-400 | 8 | 1 |
| 401-500 | 9 | 2 |
| 501-1000 | 2% of total | * |
| Over 1000 | 20 plus 1 for each 100 spaces over 1000 | * |
* Van parking spaces shall be provided at a ratio of 1 van space for every 8 total accessible spaces.
All such spaces shall be designated as reserved for exclusive use by handicapped persons and identified by the use of signs in accordance with subsection (e) of this Section. Such parking spaces shall be adjacent to curb cuts or other unobstructed methods permitting sidewalk access to a blind or handicapped person and shall be 15 feet wide, including three feet of cross hatch, or be parallel to a sidewalk.
h. Parking spaces designated for the handicapped shall be as near as possible to a building entrance or walkway and shall be a minimum of 15 feet (4.57m) wide and shall contain a six foot (1.83m) wide cross hatch aisle located on the right side of the vehicular approach to the space. Each single van space shall be a minimum of 16 feet (4876mm) in width and shall contain a seven foot (2134mm) wide cross hatch aisle located on the right side of the vehicular approach to the space. Such spaces shall be designated by above grade signs with white lettering against a blue background and shall bear the words "handicapped parking permit required" and "violators will be fined." Each pair of adjacent handicapped parking spaces shall be a minimum of nine feet (2.74m) in width and share a seven foot (2.97m) wide cross hatch aisle located between each pair of spaces. Shared parking spaces shall only be permitted where a vehicle can back into either space from the normal vehicular circulation pattern.
i. Nothing in this Section may be construed to allow a blind person or a person with disabilities to park in a public or private area reserved for the exclusive use of handicapped persons as provided in this Section if such person does not display upon or within his vehicle a plate or placard defined in this Section.
j. Nothing in this Section may be construed to allow the photocopying and use of a photocopied or duplicated removable windshield placard.
Section 45. Crowded Seats. Riders on Outside of Vehicle. Aisle Seats
a. No person shall operate any vehicle upon any tribal highway or other public place when the operator thereof is crowded or hampered by any person beside or in front of him or by reason of having in such vehicle more than the number of persons for whom reasonable and safe seating is provided. No person shall operate any motor vehicle when any person is riding upon the running board, fender, hood or top of such vehicle except one in use by a tribal fire or police department or in the regular conduct of business by any tribal utility, maintenance or private refuse collection service.
Section 46. Towing and Pushing of Vehicles. Double Trailers and Semitrailers
a. When any occupied vehicle is drawn or towed by another vehicle upon any tribal highway, the distance between the towing vehicle and the vehicle being towed shall not exceed 20 feet. A rigid tow bar shall be used when towing any unoccupied vehicle on any tribal highway. Except as provided under VII M.P.T.L. ch. 7, §48, no person shall operate on any tribal highway any vehicle which draws or tows at the same time more than one vehicle, including, but not limited to, a trailer which is designed or constructed so that no part of its weight except the towing device rests upon the towing vehicle, a semitrailer or a semitrailer equipped with an auxiliary front axle, but excluding a pole trailer, except that such limitation shall not apply to:
(1) a vehicle, other than a tractor or truck tractor as defined in VII M.P.T.L. ch. 7, §46(g), which tows a non-cargo-carrying vehicle having a gross weight not exceeding 5,000 pounds coupled to the towing vehicle by a towing device designed exclusively for the towing of another vehicle, provided the overall length of the two vehicles and the towing device does not exceed 55 feet; or
(2) a combination of vehicles coupled together by a saddlemount device used to transport motor vehicles in drive-away service when no more than three saddlemounts and one fullmount are used, provided equipment used in such combination shall comply with the safety regulations of the United States Department of Transportation; or
(3) specialized equipment, as defined in the Code of Federal Regulations, Title 23, Part 658, as amended. No occupied vehicle shall be pushed or otherwise propelled from the rear by another vehicle except for the purpose of obtaining emergency service to start the engine of such vehicle or to perform the immediate function of removing such vehicle from the travel lanes to a place of safety at the roadside.
Section 47. Regulation of Commercial Vehicle Combinations
a. A commercial vehicle combination may be operated by any person who holds any of the following licenses provided that the license has been issued by any state of the United States or any foreign jurisdiction:
(1) an endorsed commercial driver's license,
(2) a CDL equivalent license issued by any state,
(3) an endorsed class 1 license issued by any state, or
(4) an operator's license issued by any state authorizing such person to operate a commercial vehicle combination, together with an endorsement issued by the Connecticut commissioner of motor vehicles, on highways which are part of the National System of Interstate and Defense Highways and those sections of the Federal-Aid Primary System which are divided highways with four or more lanes and full control of access, which highways and sections are designated by the secretary of the federal Department of Transportation pursuant to the Surface Transportation Assistance Act of 1982, as amended.
Section 48. Width and Length of Vehicles. Exceptions. Permits
a. The following vehicles shall not be operated upon any tribal highway or bridge unless they are in compliance with tribal law and are in possession of a special written permit issued by the tribe or by any state, specifying the conditions under which they may be so operated:
(1) A vehicle, combination of vehicle and trailer or commercial vehicle combination which is wider than 102 inches or its approximate metric equivalent of 2.6 meters or 102.36 inches, including its load, but not including the following safety devices: reasonably sized rear view mirrors, turn signals, steps and handholds for entry and egress, spray and splash suppressant devices, load- induced tire bulge and any other state-approved safety device which the Connecticut Commissioner of Transportation determines is necessary for the safe and efficient operation of such a vehicle or combination, provided no such state-approved safety device protrudes more than three inches from each side of the vehicle or provided no such device has by its design or use the capability to carry cargo; and
(2) A combination of vehicle and trailer which is longer than 60 feet except:
(a) a trailer designed and used exclusively for transporting boats when the gross weight of such boats does not exceed $4,000 pounds,
(b) a tractor-trailer unit,
(c) a commercial vehicle combination,
(d) combinations of vehicles considered as specialized equipment in the Code of Federal Regulations, Title 23, Part 658.13(d), as amended, or
(e) a tractor equipped with a dromedary box operated in combination with a semitrailer which tractor and semitrailer do not exceed 75 feet in overall length.
b. The maximum length of a single unit vehicle shall be 45 feet and the maximum length of the semitrailer portion of a tractor-trailer unit shall be 48 feet. A trailer greater than 48 feet and less than or equal to 53 feet in length may be operated on the national system of interstate and defense highways and on state and local roads for up to one mile from the system, for access to terminals, facilities for food, fuel, repair and rest, and points of loading and unloading, provided the distance from the kingpin to the center of the rearmost axle may not exceed 41 feet.
Section 49. Securing of Loads
a. No vehicle shall be driven or moved on any tribal highway unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom in such manner or quantity as to constitute a hazard or nuisance to other users of the highway, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway.
b. No person shall operate on any tribal highway any vehicle with any load unless such load and any covering thereon is securely fastened so as to prevent such covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.
c. No person shall operate on any tribal highway any vehicle having a gross weight of 5,000 pounds or more which is designed and used exclusively for the collection and transportation of refuse and which has a separable container with an open top unless the contents of such container are secured by the use of a screen or other material having perforations of a size not greater than two square inches when such container is attached to such vehicle.
d. The provisions of this Section shall not apply to motor vehicles registered as farm motor vehicles or vehicles used for farming purposes.
Section 50. Carrying of Children in Pick-Up Trucks or Open-Bed Vehicles.
Restrictions
No person may operate on any tribal highway any truck type motor vehicle with a gross vehicle weight rating not exceeding 7,500 pounds having an open rear section or any motor vehicle having an open bed when a child under the age of 16 years is in such open rear section or open bed unless such child wears a properly adjusted and fastened safety belt which conforms to the provisions of the Code of Federal Regulations Title 49, Section 571.209, as amended from time to time. The provisions of this subsection shall not apply to any person who operates such a vehicle:
(1) in a parade or pow wow authorized by the tribe, or
(2) in a recreational hayride conducted between the months of August and December.
Section 51. Operation of Motor Vehicles Requiring a Passenger Endorsement
or Passenger and School Endorsement
No person operating a motor vehicle for which a passenger endorsement or passenger and school endorsement is required shall carry any person upon the running board, mudguard, hood, roof or any exterior portion of such vehicle. No motor bus shall carry more passengers than the seating capacity thereof. The total number of persons carried at any time by any motor vehicle for which a passenger endorsement or passenger and school endorsement is required, other than a motor bus, shall not exceed the number specified in the certificate of registration. No motor vehicle used for the transportation of school children shall carry any number of passengers in excess of the seating capacity specified by the manufacturer of such vehicle. No motor vehicle used for the transportation of school children shall be equipped with a longitudinal center seat.
Section 52. Equipment and Color of School Buses
a. The term "school bus" means any motor bus, painted, constructed, equipped and registered as hereinafter provided, which is regularly used for transporting school children to and from school or school activities whether or not for compensation or under contract to provide such service.
b. Each school bus shall be painted a uniform yellow color known as "National School Bus Chrome", except for the fenders and trim which may be painted black and the roof which may be painted white, and shall have conspicuously painted on the rear and on the front thereof, in black lettering the words "School Bus-Stop on Signal", except that each school bus equipped with an eight-light warning system shall have the words "School Bus" painted on the rear and on the front thereof in such lettering. The sides of such vehicles may be inscribed with the words "School Bus", the school name or such other legend or device as may be necessary for purposes of identification or safety.
c. Each school bus shall be equipped with special automatic, electrically- operated flashing stop signals, which shall be independent and separate from the braking, stop and tail lights of standard equipment. Such flashing lights may include automatic traffic signaling devices showing red and amber lights and shall be so located that adequate warning will be afforded to both oncoming and overtaking traffic, and shall be equipped with an eight-light warning system, showing two red flashing stop signals and two amber flashing warning signals on the front and rear of the bus, and a stop semaphore. Each school bus shall be equipped with emergency lighting equipment as provided by VII M.P.T.L. ch. 3, §38, with a defrosting device as provided by VII M.P.T.L. ch. 3, §37, with a system of mirrors as provided in the Code of Federal Regulations Title 49, Section 571.111, as amended, or with an outside mirror as provided by VII M.P.T.L. ch. 3, §41 and a system of crossover mirrors designed and mounted so as to give the driver a view of the road from the front bumper forward to a point where direct observation is possible and along the left and right sides of the bus, with a signaling device and with chain nonskid devices for immediate use on at least one outside or inside rear tire on each side or tires designed to prevent skidding on all rear wheels when weather and highway conditions require such use.
Section 53. Use of Standard School Bus Required, When. Use of Mass Transportation
Permitted, When. Use of Certain Motor Vehicles Prohibited
a. No town or regional school district shall transport or enter into a contract for the transportation of students under the age of 21 years to and from school in any motor vehicle accommodating more than 15 students other than a school bus conforming to the provisions of VII M.P.T.L. ch.7.
b. No motor vehicle with a seating capacity of more than 10 passengers other than a school bus conforming to the provisions of VII M.P.T.L. ch. 7 may be used for the transportation of students under the age of 21 years to and from school.
c. No motor vehicle having a wheel base of less than 101 inches, or a convertible top or an open body may be used by a carrier for the transportation of students under the age of 21 years to and from school.
Section 54. Reserved
Section 55. Operator's Duties on Stopping Bus
Notwithstanding the provisions of VII M.P.T.L. ch. 7, §36(a) to (c), inclusive, the operator of any school bus, when about to bring his bus to a stop to receive or discharge passengers, shall signal his intention to do so by causing the flashing signal lights to be displayed for not less than 50 feet before he brings the bus to a stop so as to be clearly visible to the operator of any oncoming or overtaking vehicle or motor vehicle, except that the operator of any school bus equipped with amber flashing signal lights shall signal such intention by causing the amber flashing signal lights to be displayed for not less than 100 feet before he brings the bus to a stop. The operator of any school bus, having brought his vehicle to a stop, shall not open the door to receive or discharge passengers until all vehicles approaching from the front and overtaking from the rear have stopped in compliance with the indicated signal to stop. The operator of any school bus equipped with amber flashing signal lights and a stop semaphore, having brought his vehicle to a stop, shall cause the red flashing signal lights to be displayed and the stop semaphore to be extended and shall not open the door until all vehicles approaching from the front and overtaking from the rear have stopped in compliance with the indicated signal to stop. After all passengers are safely aboard or discharged and safely off the highway, the operator shall extinguish the stop lights and the operator of any school bus equipped with a stop semaphore shall withdraw the stop semaphore. He may then permit all standing traffic to pass before resuming forward progress. While such school bus is in motion the doors shall remain closed at all times and all passengers shall be required to remain seated. No operator of any school bus shall stop his vehicle on the main traveled portion of the highway to receive or discharge passengers when existing highway shoulders or adequate highway width is available or where curbs, bus stops or special facilities exist. No such operator may receive or discharge any passenger on a highway with separate roadways unless (1) a boarding passenger may reach the bus stop and a discharged passenger may reach his residence or other destination without crossing such highway or (2) he stops the bus at a location having a traffic control signal or crossing guard.
Section 56. Hours of Operation. Placement of Seats. No Extra Exemption or
Authority for Operators
Nothing in VII M.P.T.L. ch. 7, §§53 to 59, inclusive, shall exempt the operator of any school bus from compliance with all laws governing the operation of motor vehicles upon the public highway, including the passing of other school buses similarly engaged. Nothing in said sections shall be construed as giving the operator of any school bus the authority to control traffic manually or by any other means than those specifically stated herein.
Section 57. Vehicles to Stop for School Bus. Penalties. Written Warning or
Summons
a. The operator of any vehicle or motor vehicle shall immediately bring his vehicle to a stop not less than 10 feet from the front when approaching and not less than 10 feet from the rear when overtaking or following any registered school bus on any highway or private road or in any parking area or on any school property when such bus is displaying flashing red signal lights, except at the specific direction of a traffic officer. Vehicles so stopped for a school bus shall not proceed until such bus no longer displays flashing red signal lights. At the intersection of two or more highways vehicular turns toward a school bus receiving or discharging passengers are prohibited. The operator of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway.
b. Upon receipt of a written report from any school bus operator specifying the license plate number, color and type of any vehicle observed violating any provision of subsection (a) and the date, approximate time and location of such violation, a tribal police officer shall issue a written warning or a summons to the owner of any such vehicle.
Section 58. Speed of School Buses. Display of Head Lamps
a. Every school bus shall be operated at a safe rate of speed, consistent with the volume of traffic, intersections, curves, railway crossings and any other condition requiring special caution.
b. Each school bus and student transportation vehicle shall display lighted head lamps while transporting school children.
Section 59. Summons Issued to Holder of License Endorsement while Operating
School Bus or Student Transportation Vehicle; Copy to be Sent to Employer and
Local Board of Education; Notification of Disposition of Case
a. Within two days after a summons is issued to a holder of a license endorsement while the holder is operating a school bus or student transportation vehicle, a copy of the summons shall be transmitted to the employer of the license endorsement holder and the board of education for which such school bus or student transportation vehicle is performing contract services.
b. Within five days of the conviction, forfeiture, nolle or other disposition of a holder of a license endorsement for any violation while operating a school bus or student transportation vehicle, a report of the conviction, forfeiture, nolle or other disposition shall be transmitted by the court to the employer of the license endorsement holder and the board of education for which such school bus or student transportation vehicle is performing contract services.
Section 60. Report of Serious Accidents Involving School Buses or Student
Transportation Vehicles
In each serious accident involving a school bus or a student transportation vehicle as defined in VII M.P.T.L. ch. 7, §1, the tribal police officer who, in the regular course of duty, investigates such accident, shall immediately report such accident by telephone or otherwise to the Commissioner of Motor Vehicles in the state where such school bus or a student transportation vehicle is registered. In the event of any accident in which an occupant of a school bus or student transportation vehicle is injured resulting in admission of such occupant to a hospital overnight, the tribal police officer investigating the accident shall report such accident to said commissioner within 24 hours thereafter. For the purposes of this Section, the term "serious accident" means any accident in which (1) any occupant of the school bus or student transportation vehicle is killed, or (2) a fire occurs in, or there is a roll-over of, the school bus or student transportation vehicle.
Section 61. Duties of Operators of Student Transportation Vehicles, Re: Receipt
or Discharge of School; Children
No operator of a student transportation vehicle, as defined in VII M.P.T.L. ch. 7, §1, while engaged in the transportation of school children to and from school or school activities may receive or discharge any child in a location where such child may cross any highway to board the vehicle or to reach his residence or other destination.
Section 62. Rights of Emergency Vehicles
a. "Emergency Vehicle", as used in this Section, means any ambulance or emergency medical service organization vehicle responding to an emergency call, any vehicle used by a fire department or by any officer of a fire department while on the way to a fire or while responding to an emergency call but not while returning from a fire or emergency call, or any state or local police vehicle operated by a tribal police officer answering an emergency call or in the pursuit of fleeing law violators.
b. The operator of any emergency vehicle may:
(1) park or stand such vehicle, irrespective of the provisions of this chapter,
(2) proceed past any red light or stop signal or stop sign, but only after slowing down or stopping to the extent necessary for the safe operation of such vehicle,
(3) exceed the posted speed limits or other speed limits, as long as he does not endanger life or property by so doing, and
(4) disregard statutes, laws or regulations governing direction of movement or turning in specific directions.
c. The exemptions herein granted shall apply only when an emergency vehicle is making use of an audible warning signal device, including but not limited to a siren, whistle or bell which meets the requirements of Chapter 3, and visible flashing or revolving lights and to any tribal, state or local police vehicle properly and lawfully making use of an audible warning signal device only.
d. The provisions of this Section shall not relieve the operator of an emergency vehicle from the duty to drive with due regard for the safety of all persons and property.
e. Upon the immediate approach of an emergency vehicle making use of such an audible warning signal device and such visible flashing or revolving lights or of any tribal, state or local police vehicle properly and lawfully making use of an audible warning signal device only, the operator of every other vehicle in the immediate vicinity shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the emergency vehicle has passed, except when otherwise directed by a tribal, state or local tribal police officer or fireman.
f. Any officer the tribal fire department may remove, or cause to be removed, any vehicle upon any public or private way which obstructs or retards any fire department, or any officer thereof, in controlling or extinguishing any fire.
g. No person shall willfully or negligently obstruct or retard any ambulance or emergency medical service organization vehicle while answering any emergency call or taking a patient to a hospital, or any vehicle used by a fire department or any officer or member of a fire department while on the way to a fire, or while responding to an emergency call, or any vehicle used by the tribal, state police or any local police department while on the way to an emergency call or in the pursuit of fleeing law violators.
h. Nothing in this Section shall be construed as permitting the use of a siren upon any motor vehicle other than an emergency vehicle or a rescue service vehicle which is registered with the tribe or with any state.
Section 63. Pursuit Defined. Policy for Handling High-Speed Chases to be
Adopted
a. As used in this Section, "pursuit" refers to an attempt by a tribal police officer in an authorized emergency vehicle to apprehend one or more occupants of another moving motor vehicle, when the driver of the fleeing vehicle is attempting to avoid apprehension by maintaining or increasing his speed or by ignoring the tribal police officer's attempt to stop him.
b. The chief of the tribal police department shall adopt a policy for handling pursuits. Such policy shall specify which driving, support and other police tactics may be employed in the case of a pursuit. The chief of police shall inform each officer within his department of the existence of the policy of pursuit to be employed by any such officer and he shall take whatever measures that are necessary to assure that each such officer understands the pursuit policy established.
Section 64. Use of Restricted Highway by Hired Vehicles
The restriction of any tribal highway to use by passenger motor vehicles shall not prohibit the use thereof by motor vehicles in livery service when such vehicles have a maximum capacity of seven passengers.
Section 65. Use of Mirrors by Vehicles other than Motor Vehicles
Each vehicle, except a motor vehicle, which is so constructed or which is so loaded that the driver is prevented from having a free and unobstructed view of the highway immediately to the rear and at the sides of the same, shall be equipped with a mirror or reflector attached to and so located and adjusted on such vehicle as to give the operator thereof a clear reflected view of the highway directly to the rear on a line parallel to the side of the body of such vehicle. Any person operating such a vehicle shall make observations for the approach of vehicles from the rear and, when so approached, shall drive to the right of the center line of the traveled way as promptly as safety will permit, giving the vehicle approaching from the rear opportunity to pass in safety.
Section 66. Use of Bicycles and Bicycles with Helper Motors. Regulations
re: Bicycles on Bridges. Use of High-Mileage Vehicles
a. Each person operating a bicycle upon and along a sidewalk or across any tribal highway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal within a reasonable distance before overtaking and passing a pedestrian. Each person operating a bicycle upon a tribal highway shall within a reasonable distance give an audible signal before overtaking and passing a pedestrian or another bicycle operator.
b. No person shall ride a bicycle with a helper motor unless that person holds a valid motor vehicle operator's license or motorcycle operator's license. No person shall operate a bicycle with a helper motor at a rate of speed exceeding 30 miles per hour; nor shall any bicycle with a helper motor be operated on any sidewalk.
c. As used in this Section:
(1) "Sidewalk" means any sidewalk laid out as such at the direction of the Public Safety Committee, Planning Department or Department of Public Works, and any walk which is reserved by custom for the use of pedestrians, or which has been specially prepared for their use. "Sidewalk" does not include crosswalks and does not include footpaths on portions of public highways outside thickly settled parts of the reservation, which are worn only by travel and are not improved;
(2) "Bicycle" includes all vehicles propelled by the person riding the same by foot or hand power or a helper motor;
(3) "Helper motor" means a motor having a capacity of less than 50 cubic centimeters piston displacement, rated not more than two brake horsepower, capable of a maximum speed of no more than 30 miles per hour and equipped with automatic transmission.
(4) No person may operate a high-mileage vehicle as defined in VII M.P.T.L. ch.1, §1, on any sidewalk.
Section 67. Rights, Duties and Regulation of Cyclists
a. Every person riding a bicycle, upon the traveled portion of a tribal highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any vehicle subject to the requirements of the statutes relating to motor vehicles, except as to those provisions which by their nature can have no application. No parent of any child and no guardian of any ward shall authorize or knowingly permit any such child or ward to violate any provision of the general statutes or Laws relating to bicycles.
b. Every person operating a bicycle solely by hand or foot power upon and along any sidewalk or across any tribal highway upon and along any crosswalk shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians walking in such areas as provided by the general statutes, except as provided otherwise by any law issued or adopted pursuant to the provisions of VII M.P.T.L. ch. 7, §74.
Section 68. Operation of Bicycles; Attaching to Moving Vehicle Prohibited;
Carrying of Passengers, Packages, Bundles and Other Articles Restricted; at
least One Hand to be kept on Handle Bars. Operators of Roller Skates, Sleds,
Skateboards, Coasters and Toy Vehicles Prohibited from Attaching to Moving Vehicle.
Penalty
a. Every person operating a bicycle upon a tribal highway shall ride as near to the right side of the highway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
b. Persons riding bicycles upon a tribal highway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast, as provided in this subsection, shall not impede the normal and reasonable movement of traffic, and, on a laned roadway, shall ride within a single lane.
c. No person riding upon any bicycle, roller skates, sled, skateboard, coaster or toy vehicle shall attach the same or himself to any vehicle moving or about to move on a tribal highway nor shall the operator of such vehicle knowingly permit any person riding a bicycle, roller skates, skateboard, coaster, sled or toy vehicle to attach the same or himself to such vehicle so operated or about to be operated, provided any person operating a bicycle solely by foot or hand power may attach a bicycle trailer or semitrailer thereto, provided such trailer or semitrailer is designed for such attachment.
d. No person operating a bicycle upon a tribal highway, path or part of roadway set aside for exclusive use of bicycles shall carry on such bicycle a passenger unless such bicycle is equipped or designed to carry passengers, provided any person who has attained the age of 18 years may carry any child while such person is operating a bicycle propelled solely by foot or hand power, provided such child is securely attached to his person by means of a back pack, sling or other similar device. The term "child", as used in this subsection, means any person who has not attained the age of four years.
e. No person operating a bicycle shall carry any package, bundle or other article which prevents such person from using both hands in the operation of such bicycle. Each person operating such bicycle shall keep at least one hand on the handlebars thereof when such bicycle is in motion.
Section 69. Left and Right Turns
a. Each person riding a bicycle upon the traveled portion of a tribal highway and intending to make a left turn after proceeding pursuant to the provisions of VII M.P.T.L. ch. 7, §37 or subsection (b) of this Section, may in lieu of the procedure prescribed by VII M.P.T.L. ch. 7, §34, approach as close as practicable to the right-hand curb or edge of the highway, proceed across the intersecting roadway and make such turn as close as practicable to the curb or edge of the tribal highway on the far side of the intersection.
b. Each person riding a bicycle upon the traveled portion of a tribal highway and intending to make a right turn may in lieu of the procedure prescribed by VII M.P.T.L. ch. 7, §37, before turning and while in motion or if stopped while waiting to turn signal such turn by extending his right hand and arm horizontally with forefinger extended.
c. No person operating a bicycle upon the traveled portion of a tribal highway and intending to make a right or left turn shall be required when making a signal of such intention to make such signal continuously.
Section 70. Bicycle Helmets. Children. Renting Bicycles
a. For the purposes of this Section, "bicycle" means any vehicle propelled by the person riding the same by foot or hand power.
b. No child 15 years of age or under shall operate a bicycle on the traveled portion of any tribal highway unless such child is wearing protective headgear which conforms to the minimum specifications established by the American National Standards Institute or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling. Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action.
c. A tribal police officer may issue a verbal warning to the parent or guardian of a child that such child has failed to comply with the provisions of subsection (b) of this Section. In the event that a child of a parent who has been warned, pursuant to this Section, has been observed by a tribal police officer operating a bicycle without wearing protective headgear shall be fined pursuant to the fine schedule.
Section 71. Tribal Police Officers on Bicycles
a. A tribal police officer operating a bicycle in response to an emergency call or while engaged in rescue operations or in the immediate pursuit of an actual or suspected violator of the law shall be exempt from the provisions of VII M.P.T.L. ch. 7, §§68, 69, 70, 71, and 73, provided:
(1) the tribal police officer is wearing a distinctive uniform; and
(2) the tribal police officer has completed a course of instruction in basic police bicycle patrol certified by the Connecticut State Police Officer Standards and Training Council or an equivalent course of instruction.
b. The exemptions granted in subsection (a) of this Section shall apply only when such bicycle is making use of an audible warning signal device, including, but not limited to a siren, whistle or bell.
c. The provisions of this Section shall not relieve the operator of a bicycle from the duty to drive with due regard for the safety of all persons and property.
Section 72. Lights, Reflectors and Brakes on Bicycles. Whistle Emitting Devices
Prohibited
Each bicycle operated upon the tribal highway, during the times or under the conditions as provided in VII M.P.T.L. ch. 3, §10(a), shall display a lighted lamp upon the forward part of such bicycle. Such lamp shall, when lighted, emit a white light which in clear weather shall be visible at a distance of not less than 500 feet in the direction in which such bicycle is proceeding. Each bicycle shall also, at all times, be equipped with a reflector or reflecting tail light lens, which reflector or lens shall be attached to the rear of such bicycle in such manner as to reflect rays of light thrown upon the same, and such reflector or reflecting tail shall be visible at a distance of not less than 600 feet from the rear when illuminated by the head lamps of a motor vehicle. Such bicycle shall also be equipped with reflective material so placed and of sufficient size and reflectivity to be visible from both sides of such bicycle at a distance of not less than 600 feet when illuminated by the head lamps of a motor vehicle. Each bicycle shall also, at all times, be equipped with a braking device sufficient to enable the operator thereof to stop within 25 feet on dry, level and clean pavement when moving at a speed of 10 miles per hour. No person shall equip a bicycle with a siren or device which emits a whistle or use a siren or device which emits a whistle while operating a bicycle.
Section 73. Regulation of Use of Bicycles by Public Safety Committee
The Public Safety Committee shall have the sole and exclusive authority to make any law not inconsistent with VII M.P.T.L. ch. 7, §67 or 73, respecting governing and controlling the use of bicycles with appropriate penalties for violation thereof, which laws may include provisions requiring annual licensing of bicycles and providing for registration of any sale of, or change of ownership in, a bicycle.
Section 74. Riding on Motorcycle. Carrying of Passenger
A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is properly equipped to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator. No operator of a motorcycle who has not held a license to operate a motorcycle for a period of three months shall carry any other person on such motorcycle.
Section 75. Operation of Motorcycles
a. The operator of a motorcycle shall be entitled to the full use of any single traffic lane, but the operation of more than two motorcycles abreast in any single traffic lane is prohibited.
b. The operator of a motorcycle shall not:
(1) overtake and pass, in the same single traffic lane occupied by such motorcycle, any motor vehicle other than a motorcycle; or
(2) operate a motorcycle between lanes of traffic.
c. Any person operating a motorcycle manufactured after January 1, 1980, on a tribal highway, shall illuminate the head lamp of such motorcycle at all times it is being operated.
d. No provision of this Section shall apply to a tribal police officer during the performance of his official duties.
Section 76. Riding Motorcycle Sidesaddle; Carrying of Passenger on Motorcycle
not so Designed
No operator of a motorcycle may permit a passenger to ride side-saddle or may carry a passenger on any motorcycle not designed for passengers.
Section 77. Vision-Protecting Devices for Motorcyclists
No person shall fail to wear either goggles, glasses or a face shield of a type which conforms to the minimum specifications as called for by regulations promulgated by the Connecticut Commissioner of Motor Vehicle. The provisions of this subsection shall not apply to operators of motorcycles equipped with a wind screen or windshield which conforms to the minimum specifications called for by such regulations.
Section 78. Liability Insurance Required for Motorcycles
No owner of any motorcycle, as defined in VII M.P.T.L. ch. 1, §1, may operate or permit the operation of such motorcycle unless it has been insured for the statutory amounts required by the state where said motorcycle is registered.
Section 79. Protective Headgear for Motorcyclists and Passengers under 18
years old. Regulations. Penalty
a. No person under 18 years of age may operate a motorcycle, as defined in Chapter 1, Section 1, and no person under the age of 18 may be a passenger on a motorcycle, unless such person is wearing protective headgear of a type which conforms to the minimum specifications established by regulations adopted under subsection (b) of this Section.
b. The tribe hereby adopts the regulations promulgated by the Connecticut Commissioner of Motor Vehicles establishing specifications for protective headgear for use by operators and passengers of motorcycles.
Section 80. Exemptions from Motor Vehicle Laws
a. Motor vehicles in the custody and use of tribal police officers and fire department personnel in the performance of their duties shall be exempt from any traffic regulations so far as such exemption is necessary for the effective enforcement of any of the provisions of the statutes.
Section 81. Traffic Regulations for Special Occasions
The Public Safety Committee shall have sole and exclusive authority to make and provide for the enforcement of traffic regulations for such time or times as unusually heavy traffic conditions may be anticipated upon any tribal highway.
Section 82. Marking of Vehicle Operated by Student Driver
When any motor vehicle is in use on any tribal highway of this tribe for the purpose of instructing any person in the operation of a motor vehicle, for compensation or as a part of any school program, the person giving such instruction shall cause to be displayed in a conspicuous place on the front and rear thereof a distinctive marker, not less than 12 inches long nor six inches high, in such form as the Connecticut Commissioner of Motor Vehicles prescribes, and bearing the inscription "Student Driver".
Section 83. Riding Animals on Tribal Highways
Any person who rides any horse or other animal upon a tribal highway shall conform to the provisions of this Chapter, unless such provisions clearly do not apply from the language or context or such application would be inconsistent with the manifest intention of tribal law. The fines established for violations of the provisions of this Chapter, with respect to a motor vehicle, shall apply if the same violation of a provision is committed in the riding of a horse or other animal.
Section 84. Responsibilities of Motor vehicle Operators when Approaching
Equestrians
The tribe hereby adopts by reference Connecticut state regulations specifying the responsibilities of an operator of a vehicle when approaching a person riding a horse on a tribal highway, which responsibilities shall include, but not be limited to, the obligation to reduce speed appropriately or to stop, if necessary, to avoid endangering the equestrian or frightening or striking the horse.
Section 85. Double or Treble Damages for Persons Injured as a Result of Certain
Traffic Violations
In any civil action to recover damages resulting from personal injury, wrongful death or damage to property, the trier of fact may award double or treble damages if the injured party has specifically pleaded that another party has deliberately or with reckless disregard operated a motor vehicle in violation of VII M.P.T.L. ch. 7, §§9, 10, 13, 19, 27, 29, 30, 31, or 33, and that such violation was a substantial factor in causing such injury, death or damage to property.
Section 86. House Trailer not to be Occupied When on Tribal Highway
No person or persons shall occupy a house trailer while it is being moved upon a tribal highway.
Section 87. Following or Parking near Fire Apparatus, Driving over Hose Prohibited
a. No driver of a vehicle other than one on official business relating to the emergency shall follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
b. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street or private driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command.
CHAPTER 8. TRAFFIC CONTROL AND HIGHWAY SAFETY
Section 1. Definitions
Terms used in this Chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the general assembly:
The following terms shall be construed as they are defined in Chapter 1, Section 1: "Authorized emergency vehicle", "driver", "head lamp", "tribal highway", "intersection", "motor vehicle", "number plate", "operator", "person", "rotary traffic island", "shoulder", "stop", "truck", "vehicle".
a. "Crosswalk" means that portion of a tribal highway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections, or any portion of a tribal highway distinctly indicated, by lines or other markings on the surface, as a crossing for pedestrians, except such prolonged or connecting lines from an alley across a street.
b. "Official Traffic Control Devices" means all signs, signals, markings and devices consistent with the provisions of this chapter and placed or erected, for the purpose of regulating, warning or guiding traffic, by authority of a public body or official having jurisdiction.
c. "Parking" means the standing of a vehicle, whether occupied or not, on a tribal highway, except it shall not include the temporary standing of a vehicle for the purpose of and while engaged in receiving or discharging passengers or loading or unloading merchandise or while in obedience to traffic regulations or traffic signs or signals.
d. "Traffic" means pedestrians, vehicles and other conveyances while using any tribal highway for the purpose of travel.
e. "Traffic Control Sign" means any sign bearing a message with respect to the stopping or to the rate of speed of vehicles.
f. "Traffic Control Signal" means any device, whether operated manually, electrically or mechanically, by which traffic is alternately directed to stop and to proceed.
Section 2. Traffic Control Signals. Right Turn on Red
a. For the purpose of standardization and uniformity, no installation of any traffic control signal light or sign shall be made by any entity, department or arm of the tribal government (including but not limited to the Gaming Enterprise), or any corporation until the same has been approved by the Public Safety Committee. Such approval shall be based on necessity for, location of and type of such signal light and shall be applied for on a form supplied by the Public Safety Committee and shall be submitted to said Committee by the Department of Public Works. Approval of any such signal light or sign may be revoked by said Committee at any time if it deems such revocation to be in the interest of public safety, and thereupon such signal lights or signs shall be removed by the Department of Public Works.
b. When traffic at an intersection is alternately directed to proceed and to stop by the use of signals exhibiting colored lights or lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian control signals carrying word legends, said lights shall apply to drivers of vehicles and pedestrians and shall indicate the following:
(1) Circular green alone: Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign or marking at such place prohibits either such turn or straight through movement, except that such traffic shall yield the right-of-way to pedestrians and vehicles lawfully within a crosswalk or the intersection at the time such signal was exhibited; pedestrians facing the green signal, except when directed by separate pedestrian-control signals, may proceed across the tribal highway within any marked or unmarked crosswalk.
(2) Yellow: Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter, when vehicular traffic shall stop before entering the intersection unless so close to the intersection that a stop cannot be made in safety; pedestrians facing a steady yellow signal, except when directed by separate pedestrian-control signals, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
(3) Red alone: Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and remain standing until the next indication is shown; provided, on or after July 1, 1979, vehicular traffic traveling in the travel lane nearest the right hand curb or other defined edge of the roadway, unless a sign has been erected in the appropriate place prohibiting this movement, may cautiously enter the intersection to make a right turn onto a two-way street or onto another one-way street on which all the traffic is moving to such vehicle's right after such vehicle has stopped as required in this subsection and yielded the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Pedestrians facing a steady red signal alone, except when directed by separate pedestrian-control signals, shall not enter the roadway.
(4) Green Arrow: Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time, but such vehicular traffic shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully within the intersection.
(5) Whenever special pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" are in place such signals shall indicate as follows: "Walk" Pedestrian facing such signals may proceed across the roadway in the direction of the signal and shall be given the right of way by the drivers of all vehicles; "Don't Walk": No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the "Don't Walk" signal is showing.
c. When an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows:
(1) Flashing red: When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection, or at a limit line when marked or, if none, then before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(2) When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles facing such signal may proceed through the intersection or past such signal only with caution.
d. Lenses of the following colors only shall be used and shall be arranged vertically in the signal face or, when necessary, horizontally, and shall conform to the following positions: When arranged vertically, red shall be located at the top, yellow shall be located directly below red and the remaining indications below the yellow in the following order: Flashing yellow, circular green, vertical arrow, left-turn arrow and right-turn arrow, as needed; when arranged horizontally, red shall be located at the left, yellow shall be located directly to the right of red and the remaining indications to the right of yellow in the following order: Flashing yellow, left-turn arrow, circular green, vertical arrow and right-turn arrow, as needed.
e. When lane-direction-control signals are placed over the individual lanes of a street or tribal highway, vehicular traffic may travel in any lane over which a green arrow signal is shown, but shall not enter or travel in any lane over which a red X signal is shown.
f. If a traffic control signal, approved by the Public Safety Committee, is erected and maintained at a place other than an intersection, the provisions of this Section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any sign or marking the stop shall be made at the signal.
Section 3. Crosswalks. Pedestrian-Control Signals. Regulation of Pedestrians
and Motor Vehicles at Crosswalks
a. The Public Safety Committee shall have power to designate, by appropriate devices or markers or by lines upon the surface of the tribal highway, such crosswalks and intersections as, in its opinion, constitute an especial danger to pedestrians crossing the tribal highway including, but not limited to, specially marked crosswalks in the vicinity of day care facilities, government facilities or the Gaming Enterprise areas, which crosswalks shall have distinctive markings, to denote use of such crosswalks; and may maintain suitable signs located at intervals along tribal highways, particularly where there are no sidewalks, directing pedestrians to walk facing vehicular traffic.
b. At any intersection where special pedestrian-control signals bearing the words "Walk" or "Don't Walk" are placed, pedestrians may cross the tribal highway only as indicated by the signal. At any intersection where traffic is controlled by other traffic control signals or by tribal police officers, pedestrians shall not cross the tribal highway against a red or "Stop" signal and shall not cross at any place not a marked or unmarked crosswalk. A pedestrian started or starting across the tribal highway on a "Walk" signal or on any such crosswalk on a green or "Go" signal shall have the right of way over all vehicles, including those making turns, until such pedestrian has reached the opposite curb or safety zone.
c. Except as provided in VII M.P.T.L. ch. 8, §6(c), at any crosswalk marked as provided in VII M.P.T.L. ch. 8, §3(a) or any unmarked crosswalk, provided such crosswalks are not controlled by tribal police officers or traffic control signals, each operator of a vehicle shall grant the right-of- way, and slow or stop such vehicle if necessary to so grant the right-of-way, to any pedestrian crossing the roadway within such crosswalk, provided such pedestrian steps to the curb at the entrance to a crosswalk or is within that half of the roadway upon which such operator of a vehicle is traveling or such pedestrian steps to the curb at the entrance to a crosswalk or is crossing the roadway within such crosswalk from that half of the roadway upon which such operator is not traveling. No operator of a vehicle approaching from the rear shall overtake and pass any vehicle the operator of which has stopped at any crosswalk marked as provided in subsection (a) of this Section or any unmarked crosswalk to permit a pedestrian to cross the roadway. The operator of any vehicle crossing a sidewalk shall yield the right-of-way to each pedestrian and all other traffic upon such sidewalk.
d. In any civil action arising under subsection (c) of this Section or VII M.P.T.L. ch. 8, §§4-7, inclusive, the doctrine of negligence per se shall not apply.
Section 4. Pedestrian Street Markings Near Housing Projects for Elderly Persons
The Public Safety Committee shall, on tribal highways, provide special pedestrian street or sidewalk markings at intersections and streets in proximity to projects designated for or containing a high proportion of elderly persons.
Section 5. Pedestrian Use of Crosswalks and Roadways
a. Each pedestrian crossing a roadway at any point other than within a crosswalk marked as provided in VII M.P.T.L. ch. 8, §3(a), or any unmarked crosswalk or at a location controlled by tribal police officers shall yield the right-of-way to each vehicle upon such roadway. Each pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to each vehicle upon such roadway.
b. No pedestrian shall cross a roadway intersection diagonally unless authorized by a pedestrian-control signal or tribal police officer. When authorized by a pedestrian-control signal or tribal police officer to cross an intersection diagonally each pedestrian shall cross only in accordance with such signals or as directed by such tribal police officer. No pedestrian shall cross a roadway between adjacent intersections at which traffic or pedestrian-control signals are in operation except within a marked crosswalk.
c. Each pedestrian crossing a roadway within a crosswalk shall travel whenever practicable upon the right half of such crosswalk.
Section 6. Pedestrian use of Roads and Sidewalks. Required to Yield to Emergency
Vehicle
a. No pedestrian shall walk along and upon a roadway where a sidewalk adjacent to such roadway is provided and the use thereof is practicable. Where a sidewalk is not provided adjacent to a roadway each pedestrian walking along and upon such roadway shall walk only on the shoulder thereof and as far as practicable from the edge of such roadway. Where neither a sidewalk nor a shoulder adjacent to a roadway is provided each pedestrian walking along and upon such roadway shall walk as near as practicable to an outside edge of such roadway and if such roadway carries motor vehicle traffic traveling in opposite directions each pedestrian walking along and upon such roadway shall walk only upon the left side of such roadway.
b. No pedestrian shall suddenly leave a curb, sidewalk, crosswalk or any other place of safety adjacent to or upon a roadway and walk or run into the path of a vehicle which is so close to such pedestrian as to constitute an immediate hazard to such pedestrian. No pedestrian who is under the influence of alcohol or any drug to a degree which renders himself a hazard shall walk or stand upon any part of a roadway.
c. Each pedestrian shall yield the right-of-way to any authorized emergency vehicle, as defined by VII M.P.T.L. ch. 1, §1, approaching such pedestrian and emitting any audible signal or displaying or making any visual signal reasonably indicating that such vehicle is being operated in an emergency situation. Nothing in this subsection shall be construed to relieve the driver of such an authorized emergency vehicle from any duty to drive with due regard for the safety of all persons using the tribal highway or from the duty to exercise due care to avoid colliding with any pedestrian.
d. Except as provided by VII M.P.T.L. ch. 8, §§2, 3, 5-8, inclusive, each pedestrian upon a roadway shall yield the right-of-way to each vehicle upon such roadway.
Section 7. Operator of a Vehicle Required to Exercise Due Care to Avoid Pedestrian
Notwithstanding any provisions of tribal law or any regulations issued thereunder, each operator of a vehicle shall exercise due care to avoid colliding with any pedestrian or person propelling a human powered vehicle and shall give a reasonable warning by sounding a horn or other lawful noise emitting device to avoid a collision.
Section 8. Pedestrians Walking on Tribal Highways. Prohibition
Nothing contained in VII M.P.T.L. ch. 8, §§2, 3, 5-8, inclusive, shall be construed to permit any pedestrian to walk upon or along any tribal highway where pedestrians are prohibited by any provision of tribal law or any regulations issued thereunder.
Section 9. Through ways. Stop signs
a. The Public Safety Committee may designate any tribal highway or part thereof or any bridge upon any such tribal highway as a through way, and may, after notice, revoke any such designation.
b. No designation of a through way shall become effective as to regulation of traffic at any intersection thereon until said committee has caused signs to be erected at such intersections. Each such sign shall bear the word "stop", which shall be self-illuminated at night or so placed as to be illuminated by street lights or by headlights of approaching motor vehicles, and each such sign shall be located as near as practicable to the traveled portion of the tribal highway at the entrance to which the stop is to be made, or at the nearest line of the crosswalk thereat, and shall be clearly visible for a distance of 100 feet along the street intersecting the through way.
c. The Public Safety Committee shall have the sole and exclusive authority to establish the location of all stop signs. The driver of a vehicle shall stop in obedience to a stop sign at such clearly marked stop line or lines as may be established by the Public Safety Committee or, in the absence of such line or lines, shall stop in obedience to a stop sign at the entrance to a through tribal highway and shall yield the right-of-way to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard.
d. Nothing herein contained shall prevent said Public Safety Committee from erecting such stop signs on all corners of any intersection within its jurisdiction, and thereafter the provisions of subsection (c) of this Section, relating to the stopping of motor vehicles and the right-of-way within such intersection, shall apply to the operation of motor vehicles on each of the intersecting streets.
Section 10. "Yield" Signs
The Public Safety Committee, on any tribal highway, under its control, shall have the sole and exclusive authority to designate intersections at which signs bearing the words "Yield" may be erected. The driver of a vehicle approaching a "Yield" sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions, and shall yield the right-of-way to any vehicle in the intersection or approaching on another tribal highway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection, provided, if such driver is involved in a collision, such collision shall be deemed prima facie evidence of such driver's failure to yield the right-of-way.
Section 11. Designation of One-way Streets/Travel Lanes
Subject to the provisions of this Chapter, the Public Safety Committee shall have the sole and exclusive authority to designate streets as one-way streets/travel lanes and to place and maintain on each street/travel lane intersecting a street designated as a one-way street, at or near the property line of such one-way street, appropriate signs upon or in the street; such signs, devices or marks to bear the word "one-way" with an arrow pointing in the direction that all vehicular traffic shall travel when using such designated one-way street/travel lane. No person shall operate or drive any vehicle upon or through any one-way street contrary to the directions as indicated by such signs, devices or marks established under the provisions of this Section.
Section 12. Safety Zones
a. The Public Safety Committee shall have the sole and exclusive authority to establish safety zones of such character and at such places as it deems necessary for the protection of pedestrians.
b. No person shall operate or drive any vehicle over or through any safety zone established under the provisions of this Section.
Section 13. Bus Stops and Public Service Motor Vehicle Stands
a. The Public Safety Committee shall have the sole and exclusive authority to establish bus stops. The Public Safety Committee shall also have the sole and exclusive authority to establish stands for other motor vehicles used for the transportation of passengers for hire and designate the same by appropriate signs and markings.
b. No person other than an operator of a motor vehicle used for the transportation of passengers for hire shall park any vehicle in any officially designated public service motor vehicle stand, and no operator of any such motor vehicle shall park such vehicle upon any tribal highway in any business district at any place other than a public service motor vehicle stand; but this provision shall not prevent the operator of any such motor vehicle from temporarily stopping such vehicle in accordance with parking regulations at any place for the purpose of and while actually engaged in receiving or discharging passengers.
Section 14. Taxi Stands in Front of Hotels
The management of the Gaming Enterprise is authorized to establish a public taxi stand in connection with any hotel within the limits of tribal lands and may, limit the use of such public taxi stand to cabs of a company selected by the management of the Gaming Enterprise.
Section 15. Parking Restrictions
a. The Public Safety Committee shall have the sole and exclusive authority to prohibit, limit or restrict the parking of vehicles and to erect and maintain signs designating the time or terms of such prohibition or restriction on any tribal highway, thoroughfare, public or tribal parking lot or other public place within the exterior boundaries of tribal lands provided, however, that the CEO of the Gaming Enterprise shall designate one individual, pursuant to VII M.P.T.L. ch. 7, §44(a)(3), who shall provide an application to the Public Safety Committee which restricts or limits parking at the Gaming Enterprise. The Public Safety Committee shall have 30 days to modify or deny any such application. Unless denied or modified within 30 days, the application shall be deemed approved. The Public Safety Committee may remove from tribal highways, any vehicles parked in violation of any regulation of said Committee established in accordance with subsection (b) of this Section. The Public Safety Committee shall adopt regulations to establish procedures for the removal of such vehicles by such Public Safety Committee and for the storage of such vehicles. The regulations shall, at a minimum:
(1) require that such Public Safety Committee provide written notice by certified mail to the owner of any vehicle removed;
(2) provide any such owner with an opportunity for a hearing before the tribal court,
(3) provide that the owner or keeper of any garage or other place where any such vehicle is stored shall have a lien on the vehicle for his storage charges; and
(4) specify procedures for the sale at public auction of any vehicle placed in storage which is not claimed within a specified period of time by the owner thereof.
b. The Public Safety Committee shall have the sole and exclusive authority to prohibit, limit or restrict the parking of vehicles on any portion of any tribal highway, any bridge, or on any public or tribal parking lot and to erect and maintain signs designating the terms of such prohibition or restriction.
c. No person shall park any vehicle in any place where parking is prohibited or in any manner restricted or park any vehicle for a longer period than that indicated as lawful by any sign erected and maintained in accordance with the provisions of this Chapter, except that a person operating an armored car vehicle may, while in the performance of his duties, park for a period not to exceed 10 minutes in a place where parking is prohibited, provided such vehicle does not obstruct or impede the normal and reasonable movement of traffic.
Section 16. Loading and Unloading
a. The Public Safety Committee shall have the sole and exclusive authority to determine the location of loading and unloading zones and shall erect and maintain signs designating the same.
b. No operator of any vehicle shall park for a period of time longer than is necessary for the loading or unloading of materials or merchandise in any place marked as a loading or unloading zone.
Section 17. Traffic Safety Measures and Control Devices; Approval of Public
Safety Committee
No traffic safety measure or traffic control device, sign or marking shall be installed or maintained on any tribal highway or on any bridge on any tribal highway or within the right-of-way of any such tribal highway or bridge, or on any roadway used by the Gaming Enterprise or customers of the Gaming Enterprise, except by consent and written approval of the Public Safety Committee, including the naming of all roadways and creation of such signage.
Section 18. Fraudulent or Obstructive Signs and Signals
a. No person, firm or corporation shall place, maintain or display upon or in view from any tribal highway any unauthorized sign, signal, marking or device which purports to be or is in imitation of or resembles an official traffic control device, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device and no person, firm or corporation shall place or maintain, nor shall any public authority permit, upon any tribal highway any traffic sign or signal bearing thereon any commercial advertising.
b. The Public Safety Committee is authorized, without notice, to cause any such prohibited sign, signal or marking to be removed as a public nuisance.
Section 19. Traffic Controls for Certain Parking Areas and Commercial Establishments
The Public Safety Committee shall have the sole and exclusive authority to, in any parking area having an exit or entrance on or abutting or adjoining any tribal highway, (including all roadways used by Gaming Enterprise employees or customers) establish traffic controls by signal or device, for access to and egress from and for traffic within such parking area. The owner or operator of any parking area where such traffic controls have been established, pursuant to this Section, shall erect and maintain the necessary uniform traffic control signals or devices, which shall conform to the specifications established and approved by the Public Safety Committee, provided no traffic control signal or device shall be installed, operated or maintained until a permit for such installation, operation or maintenance has been procured from the Public Safety Committee.
Section 20. Regulations
The Public Safety Committee shall have power to make regulations necessary to make effective the provisions of this Chapter, and may make and enforce temporary regulations to cover emergencies and special conditions.
Section 21. Appeal
Any person aggrieved by any order or regulation made by the Public Safety Committee under the provisions of this Chapter, relating to the establishment of through streets, the making of safety zones, the establishment of parking restrictions or the location of loading and unloading zones, or by the performance of any act pursuant to any provision of this Chapter, may take an appeal therefrom to tribal court. Such appeal shall be to the next session of tribal court which will allow sufficient time for the service of the notice required herein. A written notice of such appeal, addressed to the Public Safety Committee, shall be deposited with, or forwarded by registered or certified mail to the Public Safety Committee at least 10 days before the return day thereof. Upon such hearing, the tribal court shall determine whether the order or regulation appealed from is reasonable, and shall thereupon sustain or revoke such order or regulation.
Section 22. Injury to or Removal of Traffic Control Devices, Signs or Lights
Any person who, without lawful authority, attempts to or in fact alters, defaces, injures, knocks down or removes any official traffic control device, signal light, railroad sign, portable warning light or barricade, or any other sign or light or any part thereof, shall be fined pursuant to the Fine Schedule.
Section 23. Erection of Signs to Warn Operators of Presence of Deaf Persons
a. The Public Safety Committee, on any tribal highway, shall, upon receipt of an application on behalf of any person under the age of 18 who is deaf, as certified by a physician, erect one or more signs in the person's neighborhood to warn motor vehicle operators of the presence of the deaf person.
b. The Public Safety Committee may adopt regulations to carry out the purposes of this Section.
CHAPTER 9. SNOWMOBILES AND ALL-TERRAIN VEHICLES
Section 1. Definitions
As used in VII M.P.T.L. ch. 9, §§1-7, inclusive, unless the context otherwise requires: "snowmobile" means any self-propelled vehicle designed for travel on snow or ice, except vehicles propelled by sail; "snowmobile dealer" means a person engaged in the business of manufacturing and selling new snowmobiles or selling new or used snowmobiles, or both, having an established place of business for the sale, trade and display of such snowmobiles. "All-terrain vehicle" or "ATV" means a self-propelled vehicle designed to travel over unimproved terrain and which is not eligible for registration; "all-terrain vehicle dealer" means any person engaged in the business of manufacturing and selling new all-terrain vehicles, or both, having an established place of business for the manufacture, sale, trade and display of such all-terrain vehicles; "operate" means to control the course of or otherwise use a snowmobile or all-terrain vehicle.
Section 2. Operation Prohibited without Valid Registration. Exceptions
No person shall operate and no owner shall permit the operation of any snowmobile or all-terrain vehicle unless the owner holds a valid, effective registration awarded by a state or by the United States. No person under 13 years of age may operate any snowmobile or all-terrain vehicle. The provisions of this Section shall not apply:
a. to the operation of a snowmobile or all-terrain vehicle on premises owned or leased by the owner of such snowmobile or all-terrain vehicle; or
b. to the operation of a snowmobile or ATV in any organized contest as long as such snowmobile is operated in the contest area, provided the owner of such snowmobile holds a valid, effective registration awarded by a state or the United States.
Section 3. Reserved
Section 4. Enforcement. Failure to Stop Snowmobile or All-Terrain Vehicle
Upon Request
a. Any tribal police officer of the Tribe may enforce the provisions of VII M.P.T.L. ch. 9, §§1-7, inclusive.
b. No person operating a snowmobile or all-terrain vehicle shall refuse to stop his snowmobile or all-terrain vehicle after being requested or signaled to do so by an authorized tribal police officer, or the owner or the agent of the owner of the property upon which such snowmobile or all-terrain vehicle is being operated. No person shall refuse to stop his snowmobile or his all-terrain vehicle upon being signaled to do so by an authorized tribal police officer.
Section 5. Speed. Operating Under the Influence. Endangering Person or Property
No person shall operate a snowmobile or all-terrain vehicle in the following manner:
a. at an unreasonable or imprudent rate of speed for existing conditions;
b. in a negligent manner so as to endanger any person or property; or
c. while under the influence of intoxicating liquor or any drug, as defined by VII M.P.T.L. ch. 7, §19.
Any person who violates any provision of this Section, or any regulation relating hereto shall be fined pursuant to the Fine Schedule. In addition thereto, the operator or owner, or both, of a snowmobile or all-terrain vehicle, shall be responsible and held accountable to the owner of any land where trees, shrubs, crops, fences or other property have been damaged as a result of travel of such snowmobiles or all-terrain vehicles over such land, or where consequential damage has resulted from such travel. A subsequent violation of any provision of this Section resulting in damage to trees, shrubs, crops, fences or other property, shall result in liability for treble damages. Proof of the registration number of the snowmobile or all-terrain vehicle shall be prima facie evidence in any prosecution or action for damages that the owner was the operator.
Section 6. Rules of Operation. Violations
No person shall operate a snowmobile or all-terrain vehicle in the following manner:
a. on any tribal highway, except such snowmobile or all-terrain vehicle, if operated by a licensed motor vehicle operator, may cross a tribal highway if the crossing is made at an angle of approximately 90 degrees to the direction of the tribal highway and at a location where no obstruction prevents a quick and safe crossing, the snowmobile or all-terrain vehicle is completely stopped before entering the traveled portion of the tribal highway and the driver yields the right-of-way to motor vehicles using the tribal highway;
b. in such a manner that the exhaust of the snowmobile or all-terrain vehicle makes an excessive or unusual noise;
c. without a functioning muffler, properly operating brakes, sufficient and adequate front and rear lighting and reflecting devices, except an all-terrain vehicle with an engine size of 90 cubic centimeters or less shall not be required to be equipped with front and rear lighting and shall not be operated after dark; or
d. in any manner which would cause harassment of any game or domestic animal; on any private land, fenced agricultural land or posted land without the written permission of the owner, or the agent of the owner.
Nothing in VII M.P.T.L. ch. 9, §§1-7, inclusive, shall preclude the operation of a snowmobile or all-terrain vehicle in any place or upon any land specifically designated for the operation of snowmobiles and all-terrain vehicles by statute, regulation or law.
Section 7. Penalties. Liability
In addition to the penalty provided for violation of this Chapter of the Traffic Safety Code, the operator or owner, or both, of a snowmobile or all-terrain vehicle, shall be responsible and held accountable to the owner of any land where trees, shrubs, crops, fences or other property have been damaged as a result of travel of such snowmobiles or all-terrain vehicles over such land, or where consequential damage has resulted from such travel. A subsequent violation of any provision of Chapter 9 resulting in damage to trees, shrubs, crops, fences or other property, shall result in liability for treble damages. Proof of the registration number of the snowmobile or all-terrain vehicle shall be prima facie evidence in any prosecution or action for damages that the owner was the operator.
Section 1. Repeal of Prior Law
The provisions of TCR070595-02 and any other tribal law that is inconsistent with this law are hereby repealed. It is the intent of the Council that the provision of this Law shall govern all matters relating to the regulation of motor vehicles and traffic.
Section 2. Title
This Law shall be known as the Traffic Safety Code.
Section 3. Application of Tribal Law
Any matter brought pursuant to this law shall be determined in accordance with tribal law. The court may be guided, but shall not be bound by the common law of other jurisdictions.
Section 4. Severability
If any part of this Law is invalidated by the tribal court all valid parts that are severable from the invalid part remain in effect. If a part of this Law is invalid in one or more of its applications, that part remains in effect in all valid applications that are severable from the invalid applications.
Section 5. Adoption of Schedule of Fines
The attached Schedule of Fines as approved and recommended by the Public Safety Committee is hereby approved as tribal law. Future adjustments to the Schedule of Fines may be made by the Public Safety Committee without further approval of Council.
Section 6. Effective Date
This Law shall take effect upon signing by the chairman of the Tribal Council.
SCHEDULE OF FINES
Schedule A
All offenses within this Schedule shall constitute an infraction. Infractions are civil in nature and do not require an appearance in tribal court. The person issued an infraction ticket may, however, contest the matter before the tribal court. All such matters shall be decided by a judge sitting without a jury. The penalty for an infraction, as provided herein, shall be set forth on a ticket issued by tribal police and shall be paid by mail within 10 days of the issuance of the ticket. In the event that the ticket and appropriate fine are not mailed within 10 days then the fine shall triple and interest shall accrue at the rate of 12 % per annum up to a maximum of $250. Those who fail to appear to contest the ticket or who fail to mail in their ticket and fine are, 30 days after the maximum penalty provided for herein is reached, subject to having their car booted or towed.
For each offense |
. . . . . . . . . . . . . . . . . .$25.00 |
Schedule B
All offenses within this Schedule shall constitute an infraction. Infractions are civil in nature and do not require an appearance in tribal court. The person issued an infraction ticket may, however, contest the matter before the tribal court. All such matters shall be decided by a judge sitting without a jury. The penalty for an infraction, as provided herein, shall be set forth on a ticket issued by tribal police and shall be paid by mail within 10 days of the issuance of the ticket. In the event that the ticket and appropriate fine are not mailed within 10 days then the fine shall double and interest shall accrue at the rate of 12% per annum up to a maximum of $500. Those who fail to appear to contest the ticket or who fail to mail their ticket and fine are, 30 days after the maximum penalty provided for herein is reached, subject to having their car booted or towed as provided in this Law.
For each offense |
. . . . . . . . . . . . . . . . . .$150.00 |
Schedule C
Persons alleged to be speeding by 20 miles per hour or less over the posted speed limit may plead guilty by mail to an infraction. Infractions are civil in nature and do not require an appearance in tribal court. The person issued an infraction ticket may contest the matter before the tribal court. All such matters shall be decided by a judge sitting without a jury. The penalty for an infraction, as set forth below, shall be noted on a ticket issued by tribal police and, if paid by mail, shall be mailed within 10 days of the issuance of the ticket. In the event that the ticket and appropriate fine is not mailed within 10 days then the fines shall double and interest shall accrue at the rate of 12% per annum up to a maximum of $500. Those who fail to appear to contest the ticket or who fail to mail in their ticket and fine are, 30 days after the maximum penalty provided for herein is reached, subject to having their car booted or towed.
Five miles per hour or less over posted
speed limit |
. . . . . . . . . . . . . . . . . .$50.00 |
| Between five and 10 miles per hour over posted speed limit | . . . . . . . . . . . . . . . . . .$75.00 |
| Between 10 and 15 miles per hour over posted speed limit | . . . . . . . . . . . . . . . . . .$120.00 |
| Between 15 and 20 miles per hour over posted speed limit | . . . . . . . . . . . . . . . . . .$250.00 |
Persons found to be traveling more than 20 miles per hour over the speed limit
shall be subpoenaed into tribal court and shall be subject to having their driving
privileges suspended or restricted for a minimum of 30 days and a maximum of
one year and a fine of no less than $350 and no more than $1,000.
Unless otherwise specifically provided in the Traffic Safety Code, the Fine Schedules shall apply as herein set forth:
Chapter One |
. . . . . . . . . . . . . . . . . .Schedule A |
| Chapter Two | . . . . . . . . . . . . . . . . . .Schedule A |
| Chapter Three (except as provided below) | . . . . . . . . . . . . . . . . . .Schedule A |
|
. . . . . . . . . . . . . . . . . .Schedule B |
| Chapter Four | . . . . . . . . . . . . . . . . . .(no references needed) |
| Chapter Five (except as provided below) | . . . . . . . . . . . . . . . . . .Schedule B |
|
. . . . . . . . . . . . . . . . . .Schedule A |
| Chapter Six | . . . . . . . . . . . . . . . . . .As provided |
| Chapter Seven (except as provided below) | . . . . . . . . . . . . . . . . . .Schedule B |
|
. . . . . . . . . . . . . . . . . .Schedule C |
|
. . . . . . . . . . . . . . . . . .Schedule C |
|
. . . . . . . . . . . . . . . . . .Schedule C |
|
. . . . . . . . . . . . . . . . . .Schedule A |
|
. . . . . . . . . . . . . . . . . .Schedule A |
|
. . . . . . . . . . . . . . . . . .Schedule A* |
|
. . . . . . . . . . . . . . . . . .Schedule A |
|
. . . . . . . . . . . . . . . . . .Schedule A |
| Chapter Eight (except as provided below) | . . . . . . . . . . . . . . . . . .Schedule B |
|
. . . . . . . . . . . . . . . . . .Schedule A |
|
. . . . . . . . . . . . . . . . . .Schedule A |
| Chapter Nine | . . . . . . . . . . . . . . . . . .Schedule B |
*Except violations of Handicapped or Tribal Elders parking which shall be subject
to Schedule B.