Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
Back
to Table of Contents
Law and Order Code of the Fort McDowell
Yavapai Community, Arizona
Adopted by
Resolution No. 90-30
July 9, 1990 and Subsequently Amended
[Includes amendments dated 2000.]
Approved
by Area Director, Bureau of Indian Affairs
Phoenix Area Office
October 16, 1990
CHAPTER 16 - TRAFFIC AND MOTOR VEHICLES
Art. I. In General, § 16-1 - 16-30
Art. II. Registration, Licensing and Inspection, §§ 16-31 - 16-50
Art. III. Equipment, §§ 16-51 - 16-100
Div. 1.
Generally, §§ 16-51 - 16-70
Div. 2. Lights, Lamps, Reflectors and Illuminating Devises, §§ 16-71 -
16-100
Art. IV. Size,
Weight and Load, §§ 16-101 - 16-120
Art. V. Traffic-control Devices, §§ 16-121 - 16-140
Art. VI. Operation of Vehicles, §§ 16-141 - 16-240
Div. 1.
Generally, §§ 16-141 - 16-170
Div. 2. Right-of-Way and Passing, §§ 16-171--16-190
Div. 3. Stopping, Standing and Parking, §§ 16-191-16-210
Div. 4. Speed Restrictions, §§ 16-211--16-230
Div. 5. Driving While Intoxicated; Reckless Driving, §§ 16-231--16-240
Art. VII.
Accidents, §§ 16-241 - 16-260
Art. VIII. Procedure in Criminal Cases, § 16-261 - 16-280
Art. IX. Pedestrians' Rights and Duties, §§ 16-281 - 16-290
Art. X. Abandoned and Seized Vehicles, §16-291 - 16-300
Art. XI. Bicycles and Play Vehicles, §§ 16-301 - 16-307
ARTICLE I. IN GENERAL
Sec. 16-1. DEFINITIONS.
As used in this chapter, the following terms shall have the meanings herein
ascribed to them, unless the context requires otherwise.
COMMISSION means the Fort McDowell Yavapai Indian Community police
Commission.
CONTROLLED-ACCESS HIGHWAY means highway, street or roadway in respect to
which owners or occupants of abutting lands and other persons had no legal right
of access to or from, except at such points only and in the manner determined by
the community council.
COUNCIL means Fort McDowell Yavapai Indian Community as the governing body
of the Fort McDowell Yavapai Indian Community.
COURT means the community court.
CROSSWALK means:
- That part of a
roadway at an intersection included within the connections at the lateral
lines of the sidewalks on opposite at the lateral lines of the sidewalks on
opposite sides of the highway measured from the curbs or, in absence of
curbs, from the edges of the traversable roadway.
- Any portion of
a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
DAYTIME means
from half an hour before sunrise to a half-hour after sunset. Nighttime means at
any other hour.
EXPLOSIVES means any chemical compound or mechanical mixture commonly
used or intended for the purpose of producing an explosion and containing any
oxidizing or combustive units or other ingredients in such proportions,
quantities or packing that an ignition by fire, friction, concussion, percussion
or detonator of any part of the compound or mixture may cause such a sudden
generation of highly heated gases that the resultant gaseous pressures are
capable of producing destructive effects on contiguous objects or of destroying
life or limb.
FLAMMABLE LIQUID means any liquid which has a flash point of seventy (70)
degrees Fahrenheit, or less, as determined by a tagliabue or equivalent
closed-cup test device.
GROSS WEIGHT means the area embraced within the prolongation or connection
of the lateral curb lines, or if none, then the lateral boundary lines of the
roadways of two (2) highways which join one another at, or approximately at,
right angles, or the area within which vehicles traveling upon different
highways joining at any other angle may come in conflict. Where a highway
included two (2) roadways thirty (30) or more feet apart, then every crossing of
two (2) roadways of the highways shall be regarded as a separate intersection.
JUDGE means a judge of the community court or other judicial officer
authorized by the community constitution or an ordinance of the community
council.
LANE ROADWAY means a roadway which is divided into two (2) or more clearly
marked lanes for vehicular traffic.
METAL TIRE means a tire the surface of which in contact with the highway, is
wholly or partly of metal or other hard, non-resilient material.
OFFICIAL TRAFFIC-CONTROL DEVICES means all signs, signals, markings and
devices not inconsistent with this chapter placed or erected by authority of a
public body or official having jurisdiction, for the purpose of regulating,
warning or guiding traffic.
PARK when prohibited, means the standing of a vehicle, whether occupied or
not, otherwise than temporarily for the purpose of and while actually engaged in
loading or unloading.
POLICE OFFICER means an officer authorized to direct or regulate traffic
or make arrests for violations of traffic regulations.
PRIVATE ROAD OR DRIVEWAY means a way or place in private ownership and used
for vehicular travel by the owner and those having express or implied permission
from the owner, but not by other persons.
RAILROAD means a carrier of persons or properly upon cars operated upon
stationary rails.
RAILROAD SIGN OR SIGNAL means a sign, signal or device erected by authority
of a public body of officials or by a railroad and intended to give notice of
the presence of railroad tracks or the approach of a railroad train.
RAILROAD TRAIN means a steam engine, electric or other motor, with or
without cars coupled thereto, operated upon rails.
RESERVATION means the Fort McDowell Yavapai Indian Community.
ROADWAY means that portion of a highway improved, designed or ordinarily
used for vehicular travel, exclusive of the berm or shoulder. If a highway
includes two (2) or more separate roadways, the word "roadway" as used
in this chapter shall refer to any such roadway separately but not to all such
roadways collectively.
SIDEWALK means that portion of a street between the curb lines, or the
lateral lines of a roadway, and the adjacent property lines, intended for the
use of pedestrians.
STOP, when required, means complete cessation from movement.
STOP, STOPPING, OR STANDING, when prohibited, means any stopping or standing
of a vehicle, whether occupied or not, except when necessary to avoid conflict
with other traffic or in compliance with directions of a police officer or
traffic-control sign or signal.
THROUGH HIGHWAY means a highway or portion thereof at the entrances to which
vehicular traffic from intersecting highways is required by law to stop before
entering or crossing and stop signs are erected as provided in this chapter.
TRAFFIC means pedestrians, ridden or herded animals, vehicles, an other
conveyances either singly or together while using any highway for purposes of
travel.
TRAFFIC-CONTROL SIGNAL means a device whether manually, electrically or
mechanically operated, by which traffic is alternately directed to stop and to
proceed.
TRUCK means every motor vehicle designed, used or maintained primarily
for the transportation of property.
Sec. 16-2. VIOLATION OF CHAPTER; PENALTIES.
- Misdemeanor.
It is a misdemeanor for a person to violate any of the provisions of this
chapter unless the violation is declared to be a federal violation by
federal law.
- Fines,
imprisonments. A person convicted of a misdemeanor for a violation of
any of the provisions of this chapter for which another penalty is not
provided shall for a first conviction thereof be punishable by a fine of not
more than one hundred dollars ($100.00) or by imprisonment for not more than
ten (10) days. For a second conviction within one year thereafter, the
person shall be punished by a fine of not more than two hundred dollars
($200.00), by imprisonment for not more than twenty (20) days, or both. Upon
a third or subsequent conviction within one year after the last conviction,
the person shall be punished by a fine of not more than three hundred
dollars ($300.00), by imprisonment for not more than six (6) months or both.
- Excess
vehicle weight - fines. A person convicted of violating any provision of
16-110 or 16-111 shall be punished by a fine, the maximum of which shall be
three hundred dollars ($300.00) and the minimum of which shall be set forth
in the following table:
|
If the
excess weight is:
|
The
minimum fine shall be: |
|
1,000
to 1,500 pounds
|
$
30.00
|
|
1,501
to 2,000 pounds
|
$
35.00
|
|
2,001
to 2,500 pounds
|
$
55.00
|
|
2,501
to 3,000 pounds
|
$
70.00
|
|
3,001
to 3,500 pounds
|
$
85.00
|
|
3,501
to 4,000 pounds
|
$100.00
|
|
4,001
to 4,500 pounds
|
$120.00
|
|
4,501
to 4,750 pounds
|
$140.00
|
|
4,751
to 5,000 pounds
|
$160.00
|
|
5,001
to 5,250 pounds
|
$180.00
|
|
5,251
to 5,500 pounds
|
$205.00
|
|
5,501
to 5,750 pounds
|
$230.00
|
|
5,751
to 6,000 pounds
|
$255.00
|
|
6,001
pounds and over
|
$280.00
|
- Same-Imprisonment.
A person convicted of violating any provision of 16-110 or 16-111 may, in
addition to the fine provided for in subsection (c) of this section, be
punished by imprisonment for not to exceed six 6 months.
- Axle weight
violations. If the officer finds that the person has violated only the
axle weight limitation and not the total weight limitation, the officer
shall request the driver to reload the vehicle to comply with the axle
weight limitations; and if the driver so complies, he shall not be subject
to arrest or fine. If the driver does not comply with the request of the
officer to reload, the driver shall be subject to arrest and fine as
provided in subsections (c) and (d) of this section.
Sec. 16-3. CONSTRUCTION OF CHAPTER RELATIVE TO OPERATION OF VEHICLES.
The provisions of this chapter relating to the operation of vehicles refer
exclusively to the operation of vehicles upon highways except:
- where a
different place is specifically referred to in a given section.
- the provisions
of Article VI, Division 5 and Article VII shall apply upon highways and
elsewhere throughout the community.
Sec. 16-4. APPLICATION OF CHAPTER TO PUBLIC EMPLOYEES; EXCEPTIONS.
- The provision
of this chapter applicable to the drivers of all vehicles upon the highways
shall apply to the drivers of all vehicles owned or operated by the United
States, the State of Arizona, the Fort McDowell Yavapai Indian Community or
any other political subdivision of Arizona except as provided in this
section and subject to such specific exceptions as are set forth in this
chapter with reference to authorized emergency vehicles.
- Unless
specifically made applicable, the provisions of this chapter shall not apply
to persons, teams, motor vehicles and other equipment while actually engaged
in work upon the surface of a highway, or to railroad employees working on a
railroad track or tracks crossing the highway, but shall apply to such
persons and vehicles when traveling to or from such work.
Sec. 16-5. APPLICATION OF CHAPTER TO PERSONS RIDING ANIMALS OR DRIVING
ANIMAL-DRAWN VEHICLES.
Every person riding an animal or driving any animal-drawn vehicle upon a roadway
shall be granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by this chapter, except those provisions
of this chapter which by their very nature can have no application.
Sec. 16-6. CHAPTER NOT TO INTERFERE WITH RIGHTS OF OWNERS OF REAL PROPERTY.
Nothing in this chapter shall be construed to prevent the owner of real property
used by the public for purposes of vehicular travel by permission of the owner
and not as a matter of right from prohibiting that use, or from requiring other
or different or additional conditions than those specified in this chapter, or
otherwise regulating such use as may seem best to such owner.
Sec 16-7. OBEDIENCE TO LAW ENFORCEMENT OFFICERS.
No person shall willfully fail or refuse to comply with any lawful order or
direction of any law enforcement officer invested by law with authority to
direct, control or regulate traffic.
Sec. 16-8. AUTHORIZED EMERGENCY VEHICLES.
- Permitted
to vary from requirements. The driver of any authorized emergency
vehicle, when responding to an emergency call or when in the pursuit of an
actual or suspected violator of law or when responding to but not upon
returning from a fire alarm, may exercise the privileges set forth in this
section.
- Exceptions
enumerated. The driver of an authorized emergency vehicle may:
- Park or
stand, irrespective of the provisions of this chapter.
- Proceed
past a red or stop signal or stop sign, but only after slowing down as
may be necessary for safe operation.
- Exceed the
prima facie speed limits so long as he does not endanger life or
property.
- Disregard
regulations governing direction of movement or turning in specified
direction.
- Exemptions
to apply only under certain conditions. The exemptions granted by this
section to an authorized emergency vehicle shall apply only when the driver
of the vehicle while in motion sounds an audible signal by bell, siren, or
exhaust whistle as may be reasonably necessary, and when the vehicle is
equipped with at least one lighted lamp displaying a red light visible under
normal atmospheric conditions from a distance of five hundred (500) feet to
the front of the vehicle, except that an authorized emergency vehicle
operated as a police vehicle need not be equipped with or display a red
light visible from in front of the vehicle.
- Driver
responsible. The provisions of this section shall not relieve the driver
of an authorized emergency vehicle from the duty to drive with due regard
for the safety of all persons, nor shall those provisions protect the driver
from the consequences of his reckless disregard for the safety of others.
Sec. 16-9. DRIVER'S DUTY WHEN APPROACHING HORSE OR LIVESTOCK.
Every person operating a motor vehicle upon any public highway and approaching
any horse-drawn vehicle or any horse upon which any person is riding or
livestock being driven upon the highway shall exercise reasonable precaution to
prevent frightening and to safeguard such animals, and to ensure the safety of
any person riding or driving the same. If such animals appear frightened, the
person in control of such vehicle shall reduce its speed and, if requested by
signal or otherwise, shall not proceed further toward such animals unless
necessary to avoid accident or injury, until such animals appear to be under
control.
Sec. 16-10. INJURING, UNLAWFULLY STARTING, USING OR PREVENTING USE OF VEHICLES.
- A person is
guilty of a misdemeanor who:
- Willfully
breaks, injuries, tampers with or removes any part of a vehicle for any
purpose against the will or without consent of the owner of the vehicle.
- In any
other manner willfully or maliciously interferes with or prevents the
running or operation of the vehicle.
- Without
consent of the owner or person in charge of a vehicle climbs into or
upon a vehicle with intent to commit any crime, malicious mischief or
injury theretofore.
- While a
vehicle is stopped and unattended attempts to manipulate any levers,
starting crank or other starting devices, brakes or other mechanism
thereof, or set the vehicle in motion.
- The provisions
of subsection (a) hereof shall not apply when any of the conduct described
therein is committed in an emergency in furtherance of public safety or
convenience or by or under the direction of any law enforcement officer in
the performance of his duty.
Sec. 16-11. PLACING OR ALLOWING DANGEROUS ARTICLES ON ROADWAY.
- No person
shall throw or deposit upon any roadway any glass bottle, glass, nails,
tacks, wire, caps or any other substance likely to injure any person, animal
or vehicle upon the roadway.
- Any person who
drops or permits to be dropped or thrown upon any roadway any destructive or
injurious material shall immediately remove the same or cause it to be
removed.
- Any person
removing a wrecked or damaged vehicle from a highway shall remove any glass
or other injurious substance dropped upon the highway from the vehicle.
Sec. 16-12. CROSSING FIRE HOSE.
No vehicle shall be driven over any unprotected hose of a fire department when
the hose is laid down on any street, or private driveway to be used at any fire
or alarm of fire, without the consent of the fire department official in
command.
Sec. 16-13. ALLOWING BARBED WIRE TO LIE LOOSE ALONG HIGHWAY.
A person owning, leasing, having in charge or possession a barbed wire fence
along a public highway, who willfully permits or allows the wire of such fence
to lie loose along or in the highway so as to endanger the safety of a person or
animal passing along the highway, is guilty of a misdemeanor punishable by a
fine of not less than ten dollars ($10.00), no more than fifty dollars ($50.00),
and shall be liable for all damages arising from such loose wire.
Secs. 16-14 - 16-30. RESERVED.
ARTICLE II.
REGISTRATION, LICENSING AND INSPECTION
Sec. 16-31. REGISTRATION OF MOTOR VEHICLE REQUIRED; EXCEPTIONS.
- Every owner of
a motor vehicle, trailer or semitrailer, before it is operated upon any
highway in this community, shall obtain a certificate of title thereto and
registration therefore from the appropriate agency of the United States, a
state or a foreign government.
- This section
shall not apply to farm tractors, trailers used solely in .the operation of
a farm for transporting the unprocessed fiber or forage products thereof, or
any implement of husbandry designed primarily for or used in agricultural
operations and only incidentally operated or moved upon a highway,
road-rollers or road machinery temporarily operating or moved upon the
highway, or to any owner permitted to operate a vehicle under special
provisions relating to lien holders, manufacturers, dealers and
nonresidents. Nor shall it apply to any vehicle being towed by tow truck
which meets the requirements of section 16-109.
Sec. 16-32. REGISTRATION VIOLATIONS.
A person is guilty of a misdemeanor who:
- Being the
owner thereof, operates or knowingly permits to be operated upon a highway,
a motor vehicle, trailer or semitrailer required by law to be registered
which does not display thereon the number plates assigned thereto for the
current registration year.
- Displays or
has in his possession a registration card or registration number plate
knowing it to be fictitious or to have been stolen, canceled, revoked,
suspended or altered.
- Lends to or
knowingly permits the use of his registration card or registration number
plate by a person not entitled thereto.
Sec. 16-33. OPERATOR'S OR CHAUFFEUR'S LICENSE REQUIRED; PENALTY
- No person,
except those expressly exempted in this chapter, shall drive any motor
vehicle upon a highway in this community unless the person has a valid
license as an operator or chauffeur issued by the appropriate agency of the
United States, a state or foreign government. No person shall drive a motor
vehicle as a chauffeur unless he holds a valid chauffeur's license.
- A person
holding a valid chauffeur's license need not procure an operator's license.
- A person
licensed as an operator or chauffeur may exercise the privilege thereby
granted upon all streets and highways in this community.
- Conviction, or
forfeiture or bail not vacated, for any violation of the provisions of
subsection (a) shall be punishable by a fine of not more than three hundred
dollars ($300.00), or imprisonment for not more than thirty (30) days or
both. A second or subsequent conviction or forfeiture of bail not vacated
for an offense committed within a period of twenty-four (24) months of the
first violation or offense shall be punishable by a fine of not less than
fifty dollars ($50.00) nor more than three hundred dollars ($300.00) or by
imprisonment for not less than five (5) days nor more than six (6) months,
subject to the limitations of 16-36.
Sec. 16-34. LICENSE TO OPERATE MOTORCYCLE OR MOTOR-DRIVEN CYCLE; EXCEPTION.
- Except as
otherwise provided in this chapter, no person shall operate a motorcycle or
motor-driven cycle upon a highway in this community unless he/she has a
valid license.
- The provisions
of this section shall not apply to electrically powered three-wheeled
vehicles or three-wheeled vehicles in which the operator and passenger ride
within an enclosed cab. (code 1976, § 28.422.01)
Sec. 16-35. RESTRICTED LICENSES.
It is a misdemeanor for a person to operate a motor vehicle in any manner in
violation of the restrictions imposed in a restricted license issued to him.
Sec. 16-36. LICENSE TO BE CARRIED, EXHIBITED ON DEMAND.
Every licensee shall have his operator's or chauffeur's license in his immediate
possession at all times when operating a motor vehicle and shall display same,
upon demand of a law enforcement officer. However, no person charged with
violating this section shall be convicted if he produces in court or the office
of the arresting officer an operator's or chauffeur's license theretofore issued
to him and valid at the time of his arrest.
Sec. 16-37. VIOLATION OF LICENSE PROVISIONS.
It is a misdemeanor for any person:
- [text missing]
- [text
missing]...use thereof by another.
- To display or
represent as one's own an operator's or chauffeur's license not issued to
him.
- To permit any
unlawful use of an operator's or chauffeur's license issued to him.
- To do any act
forbidden or fail to perform any act required by this article.
Sec. 16-38. PERMITTING UNAUTHORIZED PERSON TO DRIVE.
No person shall authorize or knowingly permit a motor vehicle owned by him or
under his control to be driven upon any highway by any person who is not
authorized under this chapter or in violation of any of the provisions of this
chapter.
Sec. 16-39. PERMITTING UNAUTHORIZED MINOR TO DRIVE; LIABILITY THEREFOR.
- A person who
causes or knowingly permits his child or ward or any person under the age of
eighteen (18) years to drive a motor vehicle upon a highway when such person
is not authorized under this chapter, or in violation of any of the
provisions of this chapter, is guilty of a misdemeanor.
- Every owner of
a motor vehicle causing or knowingly, permitting an unlicensed minor under
the age of eighteen (18) years to drive such vehicle upon a highway, and any
person giving or furnishing a motor vehicle to such unlicensed minor, shall
be jointly and severally liable with such minor for any damages caused by
the negligence or willful misconduct of such minor in driving such vehicle.
Sec. 16-40. DRIVING WHEN LICENSE IS SUSPENDED, REVOKED OR REFUSED.
- Any person who
drives a motor vehicle on a public highway in this community at a time when
his privilege to do so is suspended, revoked, or refused is guilty of a
misdemeanor punishable by imprisonment for not less than ten (10) days nor
more than six (6) months and in addition, thereto a fine of not less than
one hundred fifty dollars ($150.00) nor more than three hundred dollars
($300.00).
- Any person
convicted of violating the provisions of subsection (a) of this section a
second or subsequent time shall be punished by imprisonment for not less
than fifteen (15) days nor more than six (6) months and in addition thereto
a fine of not less than one hundred fifty dollars ($150.00) nor more than
three hundred dollars ($300.00).
Sec. 16-41. EMPLOYING UNLICENSED CHAUFFEUR.
No person shall employ as a chauffeur of a motor vehicle a person not then
licensed as provided in this chapter.
Sec. 16-42. INSPECTION BY COMMUNITY OFFICERS.
- A law
enforcement officer may at any time upon reasonable cause to believe that a
vehicle is unsafe or not equipped as required by law, or that its equipment
is not in proper adjustment or repair, require the driver of the vehicle to
stop and submit the vehicle to an inspection and such tests with reference
thereto as may be appropriate.
- In the event
the vehicle is found to be in unsafe condition or any required part or
equipment is not present or is not in proper repair and adjustment, the
officer shall give written notice to the driver. The original of the notice
shall be retained by his department. The notice shall require that the
vehicle be placed in safe condition and its equipment in proper repair and
adjustment specifying the particulars with reference thereto and that a
certificate of correction or adjustment of illegal or faulty equipment must
be obtained within five (5) days.
- The commission
shall prescribe the form of the notice which shall be utilized by those
authorized to conduct such inspection.
Sec. 16-43. OWNER OR DRIVER TO COMPLY WITH INSPECTION PROVISIONS.
- No person
driving a vehicle shall refuse to submit the vehicle to an inspection and
test when required to do so by a law enforcement officer.
- Every owner or
driver, upon receiving a notice as provided in the previous section, shall
comply therewith and shall within five (5) days secure the certification of
adjustment provided on the notice. When the certification is completed, the
notice shall be forwarded to the issuing department. In lieu of compliance
with this subsection, the vehicle shall not be operated, except as provided
in subsection (c) of this section.
- No person
shall operate any vehicle after receiving a notice with reference thereto as
provided in subsection (b) of this section, except as may be necessary to
return the vehicle to the residence or place of business of the owner or
driver, if within a distance of twenty (20) miles, or to a garage, until the
vehicle and its equipment has been placed in proper repairs and adjustment
and otherwise made to conform to the requirements of this chapter.
Sec. 16-44. ANNUAL INSPECTION OF SCHOOL BUSES.
Each school bus shall be inspected annually and an official certificate of
inspection an approval shall be obtained annually for each such vehicle in
accordance with the laws of the state of Arizona. Such inspections shall be made
and such certificates obtained with respect to the requirements for school buses
as prescribed by Arizona law, and by regulations adopted by the Arizona State
highway Commission and the Arizona State Board of Education. Inspection of
school buses shall be made section, except as may be necessary to return the
vehicle to the residence or place of business of the owner or driver, if within
a distance of twenty (20) miles, or to a garage, until the vehicle and its
equipment has been placed in proper repairs and adjustment and otherwise made to
conform to the requirements of this chapter.
Sec. 16-44. ANNUAL INSPECTION OF SCHOOL BUSES.
Each school bus shall be inspected annually and an official certificate of
inspection an approval shall be obtained annually for each such vehicle in
accordance with the laws of the state of Arizona. Such inspections shall be made
and such certificates obtained with respect to the requirements for school buses
as prescribed by Arizona law, and by regulations adopted by the Arizona State
highway Commission and the Arizona State Board of Education. Inspection of
school buses shall be made annually during the months of June, July and August.
A school bus shall also be inspected prior to its initial use in the community.
The commission shall have inspected within the prescribed periods all school
buses that are registered. If a school bus is privately owned, the owner thereof
shall have such bus inspected within the prescribed periods.
Secs. 16-45 - 16-50. RESERVED.
ARTICLE III.
EQUIPMENT
DIVISION 1. GENERALLY
Sec. 16-51. VEHICLE
TO BE IN GOOD WORKING ORDER.
No person shall drive or move on any highway any motor vehicle, trailer,
semi-trailer, or pole trailer, or any combination thereof unless the equipment
upon any and every such vehicle is in good working order and adjustment as
required in this chapter and the vehicle is in such safe mechanical condition as
not to endanger the driver or other occupant or any person upon the highway.
Sec. 16-52. VEHICLE TO COMPLY WITH ARTICLE; EXCEPTIONS.
- It is
a misdemeanor for any person to drive or move or for the owner to cause or
knowingly permit to be driven or moved on any highway any vehicle or
combination of vehicles which is in such unsafe condition as to endanger any
person, or which does not contain those parts or is not at all times
equipped with lamps and other equipment in proper condition and adjustment
as required in this article or which is equipped in any manner in violation
of this article, or for any person to do any act forbidden or fail to
perform any act required under this article.
- Nothing
contained in this article shall be construed to prohibit the use of
additional parts and accessories on any vehicle not inconsistent with the
provisions of this article.
- The provisions
of this article with respect to equipment on vehicles shall not apply to
implements of husbandry, road machinery, road rollers or farm tractors
except as made applicable by this article. Every farm tractor equipped with
an electric lighting system shall at all times mentioned in section 16-71
display a red tail lamp and either multiple-beam or single beam head lamps
meeting the requirements of sections 16-74, 16-88, and 16-90.
Sec.16-53. SPECIAL REQUIREMENTS FOR MOTORCYCLES AND MOTOR DRIVEN CYCLES.
- The operator
and any passenger of a motorcycle or motor-driven cycle shall wear a
protective helmet on his head in an appropriate manner safely secured. The
operator and passenger of a motorcycle or motor-driven vehicle shall also
wear protective glasses, goggles, or a transparent face shield unless the
motorcycle is equipped with a protective windshield. The provisions of this
subsection shall not apply to electrically powered three-wheeled vehicles or
three-wheeled vehicles on which the operator and passenger ride within an
enclosed cab.
- A motorcycle
and motor-driven cycle shall be equipped with a rear-view mirror, seat and
footrests for the operator. Any motorcycle or motor-driven cycle operated
with a passenger shall be equipped with seats, footrests and handrails for
such passenger.
- Handlebars
rising more than fifteen (15) inches above the level of the driver's seat or
saddle on a motorcycle or motor-driven cycle are prohibited.
Sec. 16-54. BRAKES.
- Requirements
enumerated. The following brake equipment is required:
- Every
motor vehicle, other than a motorcycle or motor-driven cycle, when
operated upon a highway shall be equipped with brakes adequate to
control the movement of and to stop and hold the vehicle, including two
(2) separate means of applying the brakes, each of with means shall be
effective to apply the brakes to at least two (2) wheels. If these two
(2) separate means of applying the brakes are 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 brakes on at least
two (2) wheels.
- Every
motorcycle and every motor-driven cycle, when operated upon a highway,
shall be equipped with at least one brake which may be operated by hand
or foot.
- Every
trailer or semi-trailer of a gross weight of three thousand (3,000)
pounds or more when operated upon a highway shall be equipped with
brakes adequate to control the movement of and to stop and hold the
vehicle and so designed as to be applied by the driver of the towing
motor vehicle from its cab, and the brakes shall be so designed and
connected that in case of an accidental breakaway of the towed vehicle
the brakes shall be automatically applied.
- Every new
motor vehicle, trailer or semi-trailer sold in the community and
operated upon the highway shall be equipped with service brakes upon all
wheels of every vehicle, except any motorcycle or motor-driven cycle,
and except that any semi-trailer of less than one thousand five hundred
(1,500) pounds gross weight need not be equipped with brakes and except
that three-axle trucks need only be equipped with brakes on all wheels
of the two (2) rear axles.
- In any
combination of motor-drawn vehicles, means shall be provided for
applying the rearmost trailer brakes of any trailer equipped with
brakes, in approximate synchronism with the brakes on the towing vehicle
and developing the required braking effort in the rearmost wheels at the
fastest rate, or means shall be provided for applying braking effort
first on rearmost trailer equipped with brakes. Both of the above means
capable of being used alternatively may be employed.
- Every
motor vehicle and combination of vehicles manufactured or sold in the
community, except motorcycles and motor-driven cycles, shall be equipped
with parking brakes adequate to hold the vehicle on any grade on which
it is operated, under all conditions of loading on a surface free from
snow, ice, or loose material. The parking brakes shall be capable of
being applied in conformance with the foregoing requirements by the
driver's muscular effort or by spring action or by equivalent means.
Their operation may be assisted by the service brakes or other source of
power, provided that failure of the service brake actuation system or
other power-assisting mechanism will not prevent the parking brakes from
being applied in conformance with the foregoing requirements. The
parking brakes shall be so designed that when once applied they shall
remain applied with the required effectiveness despite exhaustion of any
source of energy or leakage of any kind. The same brake drums, brake
shoes and lining assemblies may be used for both the service brakes and
the parking brakes. If the means of applying the parking brakes and the
service brakes are connected in any way, they shall be so constructed
that failure of any one pair shall not leave the vehicle without
operative brakes.
- The brake
shoes operating within or upon the rims on the vehicle wheels of any
motor vehicle may be used for both service and hand operation.
- Deceleration
requirements.
Every motor vehicle or combination of motor-drawn vehicles shall be capable
at all times and under all conditions of loading, of being stopped on a dry,
smooth, level road free from loose material, upon application of the service
or foot brake, within the distance specified below, or shall be capable of
being decelerated at a sustained rate corresponding to these distances.
| |
Feet
to stop from 20 miles per hour
|
Deceleration
in feet per second feet to stop
|
| Vehicles
or combination of vehicles having brakes on all wheels |
30
|
14
|
|
Vehicles
or combination of vehicles not having brakes on all wheels
|
40
|
10.7
|
- Adjustment
of brakes.
All brakes shall be maintained in good working order and shall be so
adjusted as to operate as equally as practicable with respect to the wheels
on opposite sides of the vehicle.
Sec. 16-55. HORNS AND AUDIBLE WARNING DEVICES.
- Required. Every
motor vehicle when operated upon a 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 two hundred (200) feet, but no
horn or other warning device shall emit an unreasonable loud or harsh sound
or a whistle. The driver of a motor vehicle shall when reasonable necessary
to ensure safe operation give audible warning with his horn but shall not
otherwise use the horn when upon a highway.
- Prohibited
devices. No vehicle shall be equipped with nor shall any person use upon
a vehicle any siren, whistle or bell, except as otherwise permitted in this
section.
- Theft
alarm. It is permissible but not required that any vehicle 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.
- Emergency
vehicle requirements. Any authorize 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 five hundred (500) feet,
but the siren shall not be used except when 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 latter events the driver of the
vehicle shall sound the siren when reasonable necessary to warn pedestrians
and other drivers of the approach thereof.
Sec. 16-56. MUFFLERS AND AIR POLLUTION CONTROL DEVICES.
- Every motor
vehicle shall at all times be equipped with a muffler in good working order
and in constant operation to prevent excessive or unusual noise, and no
person shall use a muffler cutout, bypass or similar device upon a motor
vehicle on a highway.
- The engine and
power mechanism of every motor vehicle shall be so equipped and adjusted as
to prevent the escape of excessive fumes or smoke.
- Beginning with
motor vehicles and motor vehicle engines of the 1968 model year, motor
vehicles and motor vehicle engines shall...[text missing]
Sec. 16-57. MIRRORS.
Every motor vehicle which is so constructed or loaded as to obstruct the
driver's view to the rear thereof from the driver's position shall be equipped
with a mirror so located as to reflect to the driver a view of the highway for a
distance of at least two hundred (200) feet to the rear of the vehicle.
Sec. 16-58. WINDSHIELDS.
- Required.
Every passenger vehicle, other than a motorcycle, and every motor truck or
truck tractor, except fire trucks, fire engines or other fire apparatus,
whether publicly or privately owned, shall be equipped with an adequate
windshield. This section shall not apply to implements of husbandry of [sic]
antique, classic or horseless carriage automobiles when not originally
equipped with a windshield.
- Not to be
obstructed. No person shall drive any motor vehicle with any sign,
poster or other substance or material upon the front windshield, side wings
or side or rear windows of the vehicle which obstructs the driver's clear
view of the highway or any intersecting highway.
- Wipers
required. The windshield on every motor vehicle shall be equipped with a
device for cleaning rain, snow, or other moisture from the windshield, which
device shall be so constructed as to be controlled or operated by the driver
of the vehicle.
- Wipers to
be in good order. Every windshield wiper upon a motor vehicle shall be
maintained in good working order.
Sec. 16-59. TIRES.
- Every solid
rubber tire on a vehicle shall have a rubber on its entire traction surface
at least one inch thick above the edge of the flange of the entire
periphery.
- No tire on a
vehicle moved on a highway shall have on its periphery any block, stud,
flange, cleat or spike or any other protuberance of any material other than
rubber which projects beyond the tread of the traction surface of the tire,
except that it shall be permissible to use farm machinery with tires having
protuberances which will not injure the highways, and except also that it
shall be permissible to use tire chains of reasonable proportions upon any
vehicle when required for safety because of snow, ice or other conditions
tending to cause vehicle to skid.
- The commission
may in its discretion issue special permit authorizing the operation upon a
highway of traction engines or tractors having moveable tracks with
transverse corrugations upon the periphery of the movable tracks of farm
tractors or other farm machinery, the operation of which upon a highway
would otherwise be prohibited under this chapter.
Sec. 16-60. REAR FENDER SPLASH GUARDS.
- It is
unlawful for any person to operate a truck, trailer, semi-trailer or bus
upon the highways unless such vehicle is equipped with rear fender splash
guards, which shall comply with the specifications provided in this section.
The splash guards shall be so attached as to prevent the splashing of mud or
water upon the windshield of other motor vehicles and shall extend to a
length which shall end not more than eight (8) inches from the grounds
[sic].
- The splash
guards shall be wide enough to cover the full tread or treads of the tires
being protected and shall be installed close enough to the tread surface of
the tire or wheel as to control the side throw of the bulk of the thrown
road surface material.
- The splash
guards may be constructed of a flexible rubberized material, and shall be
attached in such a manner that, regardless of movement either in such splash
guards or the vehicle, such splash guards will retain their general parallel
relationship to the tread surface of the tire or wheel under all ordinary
operation conditions.
- Nothing in
this section shall be deemed to apply to vehicles commonly known as pickup
trucks with a manufacturer's rating of three-quarter tons or less, nor shall
the provisions of this section apply to truck tractors or converter dollies
when used in combination with other vehicles.
(Sec. 16-61.
Reserved.)
Sec. 16-62. CERTAIN VEHICLES TO CARRY FLARES OR OTHER WARNING DEVICES.
- Requirements
enumerated. No person shall operate any motor truck, passenger bus or
track tractor upon any highway within the community at any time from a
half-hour after sunset to a half-hour before sunrise unless there shall be
carried in the vehicle the following equipment except as provided in
subsection (b) of this section:
- (1) At
least three (3) flares or three (3) electric red lanterns each of which
shall be capable of being seen and distinguished at a distance of five
(500) feet under normal atmospheric conditions at night time. Each flare
or liquid-burning pot torch shall be capable of burning for one hour.
Every such flare shall be substantially constructed so as to withstand
reasonable shocks without leaking. Every such flare shall be carried in
the vehicle in a metal rack or box. Every such red electric lantern
shall be capable of operating continuously for net less than twelve (12)
hours and shall be substantially constructed so as to withstand
reasonable shock without breakage.
- At least
three (3) red burning fuses unless red electric lanterns are carried.
Each fuse shall be made in accordance with specifications of the Bureau
of Explosives, 30 Vesey Street, New York City, and so marked and shall
be capable of burning at least the community at any time from a half
hour after sunset to a halfhour before sunrise unless there shall be
carried in the vehicle the following equipment except as provided in
subsection(b) of this section:
- At
least three (3) flares or three (3) electric red lanterns each of
which shall be capable of being seen and distinguished at a distance
of five (500) feet under normal atmospheric conditions at night
time. Each flare or liquid-burning pot torch shall be capable of
burning for one hour. Every such flare shall be substantially
constructed so as to withstand reasonable shocks without leaking.
Every such flare shall be carried in the vehicle in a metal rack or
box. Every such red electric lantern shall be capable of operating
continuously for not less than twelve (12) hours and shall be
substantially constructed so as to withstand reasonable shock
without breakage.
- At
least three (3) red burning fuses unless red electric lanterns are
carried. Each fuse shall be made in accordance with specifications
of the Bureau of Explosives, 30 Vesey Street, New York City, and so
marked and shall be capable of burning at least fifteen (15)
minutes.
- At
least two (2) red cloth flags, not less than twelve (12) inches
square, with standards to support same.
- Vehicles
carrying flammable. No person shall operate at the time and under the
conditions stated in subsection (a) of this section any motor vehicle used
in transportation of flammable liquids in bulk, or transporting compressed
flammable gases, unless there shall be carried in the vehicle three (3) red
electric lanterns meeting the requirements stated in subsection (a) of this
section, and there shall not be carried in such vehicle any flares, fuses or
signal produced by a flame.
- Portable
reflector units. As an alternative it shall be deemed a compliance with
this section in the event a person operating any motor vehicle described in
this section shall carry in the vehicle three (3) portable reflector units
on standards. No portable reflector unit shall be approved unless it is so
designed and constructed as to include two (2) reflectors, one above the
other, each of which shall be capable of reflecting red light clearly
visible from all distances within five hundred (500) feet to fifty (50) feet
under normal atmospheric conditions at night time when directly in from of
lawful upper beams of head lamps.
Sec. 16-63. DISPLAY OF WARNING DEVICES WHEN VEHICLE DISABLED.
- When
required. When any motor vehicle, truck, passenger bus, truck tractor,
trailer, semi-trailer or pole trailer is disabled upon the traveled portion
of any highway or the shoulder thereof within the community at any times
when lighted lamps are required on vehicles, the driver of the vehicle shall
display the following warning devices upon the highway during the time the
vehicle is disabled on the highway except as provided in subsection (b) of
this section.
- A lighted
fuse shall be immediately placed on the roadway at the traffic side of
the motor vehicle unless electric lanterns are displayed.
- Within the
burning period of the fuse and as promptly as possible three (3) lighted
flares or pot torches or three (3) electric lanterns shall be placed on
the roadway as follows:
- One at
a distance of approximately one hundred (100) feet to the rear of
the vehicle; in the center of the lane of traffic occupied by the
disabled vehicle.
- One at
the traffic side of the vehicle approximately ten (10) feet rearward
or forward thereof.
- Vehicles
carrying flammable liquids or gases. When any vehicle used in the
transformation of flammable liquids in bulk, or transporting compressed
flammable gases is disabled upon a highway at any time or place mentioned in
subsection (a) of this section, the driver of the vehicle shall display upon
the roadway the following lighted warning devices:
- One red
electric lantern shall be immediately placed on the roadway at the
traffic side of the vehicle.
- Two (2)
other red electric lanterns shall be placed to front and rear of the
vehicle in the same manner prescribed for flares in subsection (a) of
this section.
- Flame
signals prohibited for vehicle carrying flammable. When a vehicle of a
type specified in subsection (b) of this section is disabled, the use of
flares, fuses or any signal produced by flames as warning signals is
prohibited.
- Display of
flags. When any vehicle of a type referred to in this section is
disabled upon the traveled portion of a highway or the shoulder thereof
outside any municipality at any time when the display of fuses, flares or
electric lanterns is not required, the driver of the vehicle shall display
(2) red flags upon the roadway in the land of traffic occupied by the
disabled vehicle, one at a distance of approximately one hundred (100) feet
in advance of the vehicle, and one at a distance of approximately one
hundred (100) feet to the rear of the vehicle.
- Portable
reflector units. In the alternative, it shall be deemed a compliance
with this section in the event three (3) portable reflector units on
standards of a type approved by the commission are displayed at the times
and under the conditions specified in this section either during the daytime
or at nighttime, and the portable reflector units shall be placed on the
roadway in the locations as described with reference to the placing of
electric lanterns and lighted flares.
- Equipment
to comply with requirements. The flares, fuses, lanterns and flags to be
displayed as required in this section shall conform with the requirements of
the preceding section applicable thereto.
Sec. 16-64. VEHICLES TRANSPORTING EXPLOSIVES.
Any person operating any vehicle transporting any explosive as a cargo or part
of a cargo upon a highway shall at all times comply with the following
provisions:
- The vehicle
shall be marked or placed on each side and on the rear with the word
"explosives" in letters not less than eight (8) inches high, or
there shall be displayed on the rear of the vehicle a red flag not less than
twenty-four (24) inches square marked with the word "danger" in
white letters six (6) inches high.
- Every such
vehicle shall be equipped with not less than two (2) fire extinguisher,
filled and ready for immediate use, and placed at a convenient point on the
vehicle so used.
Sec. 16-65. TELEVISION INSTALLATIONS.
No person shall drive any motor vehicle equipped with any television broadcast
viewer, screen or other means of visually receiving a television broadcast which
is located in the motor vehicle at any point forward of the back of the driver's
seat or which is visible, directly or indirectly, to the driver while operating
the motor vehicle.
Sec. 16-66. PROJECTING LOADS.
When the load upon any vehicle extends to the rear four (4) feet or more beyond
the body of the vehicle there shall be displayed at the extreme rear end of the
load, at the time specified in section 16-71, a red light or lantern plainly
visible from a distance of at least five hundred (500) feet to the side and
rear. The red light or lantern required under this section shall be in addition
to the red rear light required upon every vehicle. At any other time. there
shall be displayed at he extreme rear end of the load a red flag or cloth not
less than twelve (12) inches square and so hung that the entire area is visible
to the driver of a vehicle approaching from the rear.
(Secs. 16-67 - 16-70. RESERVED.)
DIVISION 2.
LIGHTS, LAMPS, REFLECTORSAND ILLUMINATING DEVICES.
Sec. 16-71. WHEN
LAMPS REQUIRED TO BE LIGHTED.
Every vehicle upon a highway within this community at any time from a half-hour
after sunset to a half-hour before sunrise and at any other time when there is
not sufficient light to render clearly discernible persons and vehicles on the
highway at a distance of five hundred (500) feet ahead shall display lighted
lamps and illuminating devices as required by this article for different classes
of vehicles, subject to exceptions with respect to parked vehicles as stated. in
this article.
Sec. 16-72. VISIBILITY DISTANCE AND MOUNTED HEIGHT OF LAMPS.
- When a
requirement is set forth in this article as to the distance from which
certain lamps and devices shall render objects visible or within which the
lamps or devices shall be visible, such provisions shall apply during the
times stated in section 16-71 in respect to a vehicle without load when upon
a straight, legal unlighted highway under normal atmospheric conditions
unless a different time or condition is expressly stated.
- When a
requirement is set forth in this article as to the mounted height of lamps
or devices it shall mean from the center of the lamps or device to the level
ground upon which the vehicle rests without a load.
Sec. 16-73. HEAD LAMPS.
- Every motor
vehicle other than a motorcycle or motor-driven cycle shall be equipped with
at least two (2) head lamps which shall comply with the requirements and
limitations of this article.
- Every
motorcycle and every motor-driven cycle shall be equipped with at least one
and not more than two (2) head lamps which shall comply with the
requirements and limitations of this article.
- Every head
lamp upon every motor vehicle, including every motorcycle and motor-driven
cycle, shall be located, at a height measured from the center of the head
lamp of not more than fifty-four (54) inches nor less than twenty-four (24)
inches to be measured as set forth in subsection (b) of the previous
section.
Sec. 16-74. TAIL LAMPS.
- Every motor
vehicle, trailer, semi-trailer and pole trailer and any other vehicle which
is being drawn at the end of a train of vehicles shall be equipped with at
least one tail lamp mounted on the rear, which, when lighted as required by
this article, shall emit a red light plainly visible from a distance of five
hundred (500) feet to the rear, provided that in the case of a train of
vehicles only the tail lamp on the rearmost vehicle need actually be seen
from the distance specified.
- Every tail
lamp upon every vehicle shall be located at a height to not more than sixty
(60) inches nor less than twenty (20) inches to be measured as set forth in
subsection (b) of section 16-72.
- Either a tail
lamp or a separate lamp shall be so constructed and placed as to illuminate
with a white light the rear registration plate and render it clearly legible
from a distance of fifty (50) feet to the rear. Any tail lamp or tail lamps,
together with any separate lamp for illuminating the rear registration
plate, shall be so wired as to be lighted whenever the head lamps or
auxiliary driving lamps are lighted.
Sec. 16-75. REFLECTORS ON NEW MOTOR VEHICLES.
- Every new
motor vehicle sold an operated upon a highway, other than a truck tractor,
shall carry on the rear, either as a part of the tail lamps or separately,
two (2) red reflectors, except that every motorcycle and every motor driven
cycle shall carry at least one reflector, meeting the requirements of this
section, and except that vehicles of the type mentioned in section 16-77
shall be equipped with reflector as required in those sections applicable
thereto.
- Every such
reflector shall be mounted on the vehicle a height not less than twenty (20)
inches nor more than sixty (60) inches measured as set forth in subsection
(b) of section 16-72 and shall be of such size and characteristics and some
mounted as to be visible at night from all distances within three hundred
(300) feet to fifty (50) feet from the vehicle when directly in front of
lawful upper beams of head lamps, except that visibility from a greater
distance is required of reflectors on certain type of vehicles.
Sec. 16-76. STOP LAMPS REQUIRED.
It is unlawful for any person to sell any new motor vehicle, including any
motorcycle or motor-driven cycle, in this community or for any person to drive a
vehicle on the highway unless it is equipped with a stop lamp meeting the
requirements of section 16-86.
Sec. 16-77. ADDITIONAL EQUIPMENT REQUIRED ON CERTAIN VEHICLES.
In addition to other equipment required in this article, the following vehicles
shall be equipped as provided by this section under the conditions stated in
section 16-78.
- On every bus
or truck, whatever its size, there shall be two (2) reflectors on the rear,
one at each side, and one stop light.
- On every bus
or truck eighty (80) inches or more in overall width, in addition to the
requirements subsection (a):
- One the
front, two (2) clearance lamps, one at each side.
- On the
rear, two (2) clearance lamps, one at each side.
- On each
side two (2) side marker lamps, one at or near the front and one at or
near the rear.
- On each
side, two (2) reflectors, one at or near the front and one at or near
the rear.
- On every truck
tractor:
- On the
front, two (2) clearance lamps, one at each side.
- On the
rear, one stop light.
- On every
trailer or semi-trailer having a gross weight in excess of three thousand
(3,000) pounds:
- On the
front, two (2) clearance lamps one at each side.
- On each
side, two (2) side marker latngs, one at or near the front and one at or
near the rear.
- On each
side, two (2) reflectors, one at or near the front and one at or near
the rear.
- On the
rear, two (2) clearance lamps, one at each side, and two (2) reflectors,
one at each side, and one stop light.
- On every pole
trailer in excess of three thousand (3,000) pounds of gross weight:
- On each
side, one side marker lamp and one clearance lamp which may be in
combination, to show to the front, side and rear.
- On the
rear of the pole trailer or load, two (2) reflectors, one at each side.
- On every
trailer, semi-trailer or pole trailer weighing three thousand (3,000)
pounds, gross, or less:
- On the
rear, two (2) reflectors, one on each side.
- If a
trailer or semi-trailer is so loaded or is of such dimensions as to
obscure the stoplight on the towing vehicle, then the vehicle shall also
be equipped with one stop light.
Sec. 16-78. APPLICATION OF ARTICLE.
Those sections of this article, including 16-77 and 16-79 through 16-82,
relating to clearance and marker lamps reflectors and stop lights, shall apply
as stated in those sections to vehicles of the type therein enumerate, namely
passenger buses, trucks, truck tractors, and certain trailers, semi-trailers,
and pole trailers, respectively, when operated upon any highway; and such
vehicles shall be equipped as required and all lamp equipment required shall be
lighted at the times mentioned in section 16-71, except that clearance and side
marker lamps need not be lighted on a vehicle when operated where there is
sufficient light to render clearly discernible persons and vehicles on the
highway at a distance of five hundred (500) feet.
Sec. 16-79. COLOR OF CLEARANCE LAMPS AND REFLECTORS.
- Front
clearance lamps and those marker lamps and reflectors mounted on the rear or
on the side near the front of a vehicle shall display or reflect an amber
color.
- Rear clearance
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.
- All lighting
devices and reflectors mounted on the rear of any vehicle shall display or
reflect a red color, except the stop light or other signal device, which may
be red, amber or yellow, and except that the light illuminating the license
plate or the light emitted by a backup lamp shall be white.
Sec. 16-80. MOUNTING OF REFLECTORS AND CLEARANCE AND MARKER LAMPS.
- Reflectors
when required by section 16-77 shall be mounted at a height not less than
twenty-four (24) 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 twenty-four (24) inches, the reflector
at the point shall be mounted as high as the part of the permanent structure
will permit.
- The rear
reflectors on a pole trailer may be mounted on each side of the bolster or
load.
- Any required
red reflectors on the rear of a vehicle may be incorporated with the tail
lamp, but the reflector shall meet all the other reflector requirements of
this article.
- Clearance
lamps shall be mounted on the permanent structure of the vehicle in such
manner as to indicate its extreme width and as near the top thereof as
practicable. Clearance lamps and side marker lamps may be mounted in
combination provided illumination is given as required by this section with
reference to both.
Sec. 16-81. VISIBILITY OF REFLECTORS AND CLEARANCE AND MARKER LAMPS.
- Every
reflector upon any vehicle referred to in section 16-77 shall be of such
size and characteristics and so maintained as to be readily visible at night
time from all distances within five hundred (500) feet to fifty (50) 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.
- Front and rear
clearance lamps shall be capable of being seen and distinguished under
normal atmospheric conditions at the times lights are required at a distance
of five hundred (500) feet from the front and near, respectively, of the
vehicle.
- Side marker
lamps shall be capable of being seen and distinguished under normal
atmospheric conditions at the times lights are required at a distance of
five hundred (500) feet from the side of the vehicle on which mounted.
Sec. 16-82. LIGHTS ON VEHICLE COMBINATIONS.
When motor and other vehicles are operated in combination during the times that
lights are required, any lamp, except tail lamps, need not be lighted which, by
reason of its location on a vehicle of the combination would be obscured by
another vehicle of the combination, but this shall not affect the requirement
that lighted clearance lamps be displayed on the front of the foremost vehicle
required to have clearance lamps, nor that all lights required on the rear of
the rearmost vehicle of any combination shall be lighted.
Sec. 16-83. PARKED VEHICLES.
- When a vehicle
is lawfully parked upon a street or highway during the hours between a
half-hour after sunset and a half-hour before sunrise arid in the event
there is sufficient light to reveal any person or object within a distance
of five hundred (500) feet upon the street or highway, no lights need be
displayed upon the parked vehicles.
- When a vehicle
is parked or stopped upon a roadway or shoulder adjacent thereto, whether
attended or unattended during the hours between a half-hour after sunset and
a half-hour before sunrise and there is not sufficient light to reveal any
person or object within a distance of five hundred (500) feet upon the
highway, the vehicle so parked or stopped shall be equipped with one or more
lamps which shall exhibit a white or amber light on the roadway side visible
from a distance of five hundred (500) feet to the front of the vehicle from
a distance of five hundred (500) feet to the front of the vehicle and a red
light visible from a distance of five hundred (500) feet to the rear. The
foregoing provisions shall not apply to a motor-driven cycle.
- Any lighted
headlamps upon a parked vehicle shall be depressed or dimmed.