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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