Red
Lake Court of Indian Offenses
Code – “Revisions
July 25, 2001”
TITLE VI
MOTOR VEHICLES, HIGHWAY TRAFFIC REGULATIONS
AND
MOTOR VEHICLE REGISTRATION
600.02
Driving While Under the
Influence
600.03
Blood, Breath, Urine
Test
600.04
Driving in Violation of
Court Order
600.05
Reckless or Careless
Driving
600.06
Minor Operating Motor
Vehicle
600.07
Driving Without a
License
600.09
Right of Way; Stop
Signs; Yield Signs
600.13
Driving on Right Side
of Roadway
600.14
Hitching Behind
Vehicles
600.15
Motor Vehicle
Registration
600.16
Abandoned Motor Vehicles
600.17
Uniform Traffic Tickets
600.193
Motor Vehicle Drivers
License
600.196
Persons Not Eligible
For Driver's License
600.200
Duplicate Licenses;
Endorsements
600.201
Change of Domicile or
Name
600.21
Courts Recommendations
on Suspension
600.24
Mandatory Insurance
Coverage
600.25
Suspension For
Uninsured Vehicles
600.26
Licenses Must be
Surrendered
600.28
Violations,
Misdemeanors
600.30
Revoked Licenses;
Examination for New License
600.33
Report of Traffic
Violations
600.35
Yield to Emergency
Vehicles
600.37
Parking Privileges for
the Physically Handicapped
600.38
Parking for Physically
Handicapped; Penalties
600.39
Seat Belts and Passenger
Restraint Systems for Children.
CHAPTER 602 VEHICLE EQUIPMENT,
SAFETY
Subdivision 1. Driver to Stop. The driver of any motor vehicle involved in an accident resulting in bodily injury to, death of any person or physical damage to a motor vehicle shall stop the vehicle at the scene of the accident and give the information required by this section.
Subdivision 2. Required Information. The driver of any motor vehicle involved in an accident under the circumstances described in Subdivision 1 hereof shall give his name, address, date of birth, drivers license registration number and name and address of the insurer providing automobile liability insurance coverage to the person struck and any police officer who is investigating the accident.
Subdivision 3. Accident With Unattended Vehicle. The driver of any motor vehicle which collides with and damages any vehicle which is unattended shall stop and:
a) Locate and notify the driver or owner of the unattended vehicle and advise him/her of the information required in Subdivision 2; or
b) Shall report the accident to a Red Lake Police Officer and give the information required in Subdivision 2.
Subdivision 4. Notify Police. The driver of a vehicle involved in an accident under the circumstances set forth in Subdivision 1 hereof shall, after compliance with the provisions of this section, give notice of the accident to the Red Lake Police Department if that department has not been previously notified.
Subdivision 5. Penalties. The driver of any motor vehicle who violates Subdivision 1 through 4 is guilty of a misdemeanor.
Subdivision 1. Acts Prohibited. It is a misdemeanor for any person to drive or operate any motor vehicle within the boundaries of the Red Lake Indian Reservation:
a) When the person is under the influence of alcohol; or
b) When the person is under the influence of a controlled substance; or
c) When the person is under the influence of a combination of any two or more of the elements named in clauses a) and b); or
d) When the person's alcohol concentration is 0.10 or more.
Subdivision 2. Arrest. A police officer may lawfully arrest a person for violation of Subdivision 1 without a warrant upon probable cause.
Subdivision 3. Evidence. Upon a trial or any prosecution arising out of facts alleged to have been committed by any Indian arrested for a violation of Subdivision 1, the Court may admit evidence of the amount of alcohol or a controlled substance in the person's blood, breath, or urine as shown by an analysis of those items.
Subdivision 4. Penalty. Any Indian who violates this section is guilty of a misdemeanor, any Indian who violates this section shall be deprived of the right to operate a motor vehicle for a period not to exceed thirty (30) days for the first offense and upon conviction of a second offense within two years of the first conviction shall be deprived of the right to operate a motor vehicle for a period not to exceed 120 days and for a third or subsequent conviction within two years of the first conviction shall be deprived of the right to operate a motor vehicle for a period of one (1) year and shall be imprisoned for not less than thirty (30) days nor more than ninety (90) days.
Subdivision 1. Definition. Any Indian who drives, operates, or is in physical control of a motor vehicle within the boundaries of the Red Lake Indian Reservation may be requested by a Red Lake Police Officer to take a chemical test of his/her blood, breath or urine for the purpose of determining the presence of alcohol or a controlled substance. The method and administration of the test shall be at the direction of the officer. The test may be offered to any Indian when a police officer has probable cause to believe the Indian was driving, operating or in physical control of a motor vehicle in violation of Section 600.02.
Subdivision 2. Requirement to Take Test. At the time the police officer requests any Indian to take a test, the officer shall direct whether the test shall be of a blood test, urine test or breath test. If the Indian shall refuse to take a test, the Indian's right to operate a motor vehicle shall be revoked for a minimum period of six (6) months and he or she will be charged with a misdemeanor. Further, the refusal to take the test shall be offered into evidence against the Indian at any future trial involving a violation of Section 600.02. After submitting to a test, the Indian shall have the right to consult with counsel, as defined in Section 400.02 (4) of this Code, and to have additional tests made by a person of his or her own choosing at his/her own expense. If an Indian is in custody, no release will be granted for such additional testing. Failing to inform the Indian of the right to an additional test will in no way limit the admissibility of the test given, or in any way be considered prejudicial toward the individual.
Subdivision 3. Incapable of Giving Consent. Any Indian who is unconscious or who is otherwise in a condition rendering him/her incapable of giving consent to a test shall be deemed to have consented to a blood test.
Subdivision 4. Manner of Making Test. Only a physician, medical technician, registered nurse, medical technologist or laboratory assistant, may withdraw blood for the purpose of determining alcohol or controlled substance. This limitation does not apply to the taking of a breath or urine sample. The person administering a breath test shall be fully trained in the administration of breath tests.
Subdivision 5. Refusal to Take Test; Results of Test.
a) If any Indian refuses to permit a test, none shall be given, but the person shall be charged with the crime of test refusal. If an Indian submits to a test and the results indicate an alcohol concentration of 0.10 or more, the results of the test shall be reported to the prosecuting authority.
b) Upon written report by a police officer to the prosecuting authority that there existed probable cause to believe an Indian had violated Section 600.02 and that the Indian refused to submit to a test, the prosecuting authority shall initiate a proceeding pursuant to Subdivision 2 to revoke the Indian's driving privileges for six (6) months.
c) Upon written report by a police officer to the prosecuting authority that there existed probable cause to believe an Indian had violated Section 600.02 and that the Indian submitted to a test and the results indicate an alcohol concentration of 0.10 or more, the prosecuting authority shall initiate a proceeding pursuant to Chapter 600.02 to revoke the Indian's driving privilege pursuant to law.
d) The prosecuting authority, under the circumstance of this section, shall personally serve a written notification of intention to revoke the driving privileges of any Indian. The notice shall advise the Indian of the right to obtain judicial review of the revocation as provided in Subdivision 6.
Subdivision 6. Judicial Review. Within fourteen (14) days of service of a notice of revocation pursuant to this section, an Indian may petition the court for a review. The petition shall be filed with the court and a copy served on the prosecuting authority. A hearing on the petition shall be scheduled within ten (10) days of the filing of a petition. If a petition shall not be filed as provided for herein, the revocation shall be final and the court shall issue an order revoking the privilege to drive in accordance with the provisions of law.
If a hearing is scheduled on a petition, the hearing shall be limited to the following issues:
a) Whether or not the police officer had probable cause to believe the Indian violated Section 600.02 and whether or not the Indian was lawfully placed under arrest for a violation of Section 600.02 or whether or not the Indian was involved in a motor vehicle accident resulting in property damage, personal injury or death; and
b) Whether or not the Indian refused to permit the test or whether or not a test was taken and the test results indicated an alcohol concentration of 0.10 or more at the time of testing and whether or not the testing method was valid and reliable and whether the test results were accurately evaluated. It shall be an affirmative defense for the petitioner to prove that at the time of his/her refusal to permit the test, the refusal was based upon reasonable grounds.
Subdivision
7.
Penalty for Test Refusal
The
penalty for refusing to take a test to determine the presence of
alcohol or
other impairing substances shall be a misdemeanor.
(Section 600.03 Subd. 7 added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)
(Section 600.03 amended to Tribal Code by Resolution No. 162-95, dated July 20, 1995)
(Section
600.03 Subd’s 1, 2, 4, amended to Tribal Code by Resolution 74-98,
dated May
12, 1998)
Subdivision 1. Driving. Any person whose right to operate a motor vehicle has been suspended or revoked by the Court and who within the period of suspension or revocation drives a motor vehicle upon any public roadway is guilty of a misdemeanor.
Subdivision 2. Occupational Permit. An occupational permit may be issued by the Court on such terms and conditions as the Court may impose to any person whose right to operate a motor vehicle has been suspended or revoked.
Subdivision 3. Additional Penalty. In addition to the penalties provided for conviction of a misdemeanor, the Court, in its discretion, may further deprive the defendant of the right to operate a motor vehicle for an additional year upon the conviction of a violation of Subdivision 1 hereof.
Subdivision 1. Reckless Driving. Any person who drives a motor vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Reckless driving is a misdemeanor.
Subdivision 2. Careless Driving. Any person who drives a motor vehicle carelessly or heedlessly in disregard to the rights of others or in a manner that endangers or is likely to endanger any property or person is guilty of careless driving is a misdemeanor.
No person shall permit a minor to drive a motor vehicle upon the public highways unless such minor is licensed to drive a motor vehicle. A violation of this Section is a petty misdemeanor.
No person shall operate or drive a motor vehicle on the public highway, roadway, driveway, parking lot, or adjacent areas to recreational activities, without a valid drivers license. A violation of this Section is a petty misdemeanor.
(Section 600.07 revised to Tribal Code by Resolution No. 54-95 dated, March 14, 1995).
Subdivision 1. General Rules. Every person operating or driving a vehicle of any character on any public roadway shall drive in a careful and prudent manner and at a rate of speed no greater than is reasonable and proper under the conditions existing at the point of operation, taking into account the amount and character of traffic, condition of brakes, condition of surface, freedom from obstruction of view ahead and the rights of any other person entitled to use the street or highway.
Subdivision 2. Speed Limits. Where no special hazard exists that requires lower speed for compliance with Subdivision 1, any speed not in excess of the limits specified in this section or those posted on a public roadway shall be lawful, but it is illegal for any person to drive at any speed in excess of the limits specified in this section and those posted on a public roadway.
Subdivision 3. Emergency Vehicles. The speed limitations set forth above shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, nor to fire departments when traveling in response to a fire alarm, nor to public or private ambulances or automobiles when traveling in emergencies. This exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.
Subdivision 4. Penalties. Any person who drives in excess of the maximum speed as provided in this Section, or at a speed greater than is reasonable and proper under the conditions then existing, is guilty of speeding which is a petty misdemeanor.
Subdivision 1. Right of Way. When two vehicles enter an uncontrolled intersection from different roadway at approximately the same time, the driver of the vehicle on the left shall yield the right of the way to the vehicle on the right. The driver of a vehicle about to enter or cross a roadway from any place other than a roadway shall yield the right of the way to all vehicles approaching on the roadway to be entered or crossed. The driver of a vehicle intending to turn to the left within an intersection, private road or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
Subdivision 2. Yield Signs and Stop Signs. The driver of a vehicle approaching a stop sign shall stop and the driver of a vehicle approaching a yield sign shall slow to a speed that is reasonable and stop if necessary. The driver of a vehicle in response to stop and yield signs shall yield the right of the way to all pedestrians crossing the roadway and to all vehicles on the intersecting street, roadway or highway which are so close as to constitute an immediate hazard.
Subdivision 3. Penalty. A violation of this Section is a petty misdemeanor.
Pedestrians walking or moving along a roadway shall, when practicable, walk or move on the left side of the roadway or its shoulder giving way to oncoming traffic. Where sidewalks are provided and are accessible and usable it is unlawful for any pedestrian to walk or move along and upon an adjacent roadway. A violation of this Section is a petty misdemeanor.
Subdivision 1. Traffic Laws Apply. Every person operating a bicycle shall have all the rights and duties applicable to the driver of any other vehicle.
Subdivision 2. Riding on Roadways. Every person operating a bicycle upon a roadway shall ride as close as practicable to the right hand curb or edge of the roadway.
Subdivision 3. Equipment. No person shall operate a bicycle at night time unless the bicycle or its operator is equipped with a lamp that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector which is visible from 100 feet to 600 feet to the rear.
Subdivision 4. Penalties. A violation of any provisions of this Section is a petty misdemeanor.
It is unlawful for any person to drive any vehicle which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not all time equipped with such lamps and other equipment normally located on a vehicle in proper working condition. A violation of this Section is a misdemeanor.
Subdivision 1. General Rule. Upon all highways of sufficient width, the driver of a vehicle shall drive upon the right half of the highway, except:
a) When overtaking and passing another vehicle proceeding in the same direction, or
b) When the right half of the roadway is closed to traffic while under construction or repair or sign posted for one-way traffic or other conditions.
Subdivision 2. Driving on Left Side of Roadway Prohibited. No person shall at any time drive a vehicle to the left side of the roadway:
a) When approaching the crest of a grade or upon a curve in the highway where the driver's view of the highway is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction, or
b) When approaching within 100 feet of or traversing any intersection or railroad grade crossing, or
c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.
Subdivision 3. A violation of Subdivision 1 or 2 of this section is a misdemeanor.
(Section
600.13 Subd. 3 added to Tribal Code by Resolution No. 205-90 dated
September
11, 1995)
No person shall hitch a toboggan, sled, bicycle or other similar device onto any motor vehicle while being used on any public roadway. A violation of this Section is a petty misdemeanor.
Subdivision 1. Words and Phrases Defined. The following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning:
a) Secretary - means the Secretary of the Red Lake Band of Chippewa Indians Tribal Council.
b) Red Lake Band - means the Red Lake Band of Chippewa Indians.
c) Red Lake Indian Reservation - means all land owned by the Red Lake Band of Indians.
d) Mobile Home - means a vehicle designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction.
e) Motor Vehicle - means any vehicle which is self-propelled.
f) Owner - means a person who holds the legal title of a vehicle.
g) Vehicle - means every device in, upon or by which any person or property is or may be transported or drawn upon a highway.
h) Court - means Red Lake Court of Indian Offenses.
Subdivision
2. Penalty for Operating
Unregistered or Improperly Registered
Vehicle.
a) It is unlawful for any person to operate or for an owner to consent to being operated on any highway of the Red Lake Indian Reservation any motor vehicle, mobile home, trailer or semi-trailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered on the Red Lake Indian Reservation or is exempt from registration.
1) A vehicle may be operated by a private person after the date of purchase of such vehicle by such private person or after the date such person moved to this Reservation if application for registration and certificate of title has been made.
2) All vehicles subject to renewal of registration may be operated provided that application for registration has been made.
b) Any person violating Subdivision 1, may be fined not more than $50.00 or imprisoned not more than one (1) month or both. In addition to imposing the penalty, the court shall order the offender to make application for registration or re-registration and to pay the fee thereof.
Subdivision 3. When Vehicles Exempt From Registration. A vehicle even though operated upon a highway of this Reservation is exempt from registration when such vehicle:
a) It is operated in accordance with the provisions exempting non-resident or foreign-registered vehicles from registration; or
b) Is a farm vehicle used exclusively in or incidental to agricultural operations; or
c) Is a trailer or semi-trailer permanently equipped with a well-drilling outfit and used exclusively for such purposes; or
d) Is a forklift truck, a specially constructed road or truck tractor used for shunting trailers or semi-trailers in terminal areas or a trailer which is used principally off the highway; or
e) Is a trailer or semi-trailer not operated in conjunction with a motor vehicle; or
f) Is a motor vehicle being towed; or
g) Is a piece of road machinery; or
h) Is a motor truck which is operated upon a highway only when directly crossing such highway; or
i) Is a motor vehicle last previously registered in another jurisdiction.
Subdivision
4. Application for Registration.
a) Application for original registration and for renewal of registration shall be made to the Secretary of the Red Lake Band of Chippewa Indians Tribal Council upon forms prescribed by them and shall be accompanied by the required fee.
b) Applications for original registration of a vehicle shall contain the following information:
1) The name of the owner.
2) The address of the owner.
3) A description of the vehicle, including make, model, identifying number and any other information which the Red Lake Band may reasonably require for proper identification of the vehicle.
4) The Village or Reservation District in which the vehicle is kept.
5) Such further information as the Secretary may reasonably require to enable him/her to determine whether the vehicle is by law entitled to registration or enable him/her to determine the proper registration fee for the vehicle.
c) Applications for renewal of registration shall contain the information required in Subdivision 2., for original applications or such parts thereof as the Secretary deems necessary to assure the proper registration of the vehicle.
d) If the applicant for a certificate of registration is under eighteen (18) years of age, the application shall be accompanied by a statement, made and signed by the applicant's father if he/she has custody of the applicant; or if the father does not have custody, then by the person or guardian having such custody, stating that the applicant has the consent of such person or guardian to register such vehicle in the applicant's name. The signature on such statement shall not input any liability for the negligence or misconduct of the applicant while operating such motor vehicle on the highways. Any person who violates this section may be fined not more than $50.00 or imprisoned not more than one (1) month or both.
Subdivision 5. Grounds for Refusing Registration. The Secretary shall refuse registration of a vehicle under the following circumstances:
a) No registration shall be issued unless the applicant is residing within the boundaries of the Red Lake Indian Reservation; this residency shall not apply to students away from the Reservation while attending school, or to military personnel in the armed forces of the United States; or
b) The required fee has not been paid; or
c) The application has failed to furnish the information or documents required by the Red Lake Band pursuant to this Ordinance; or
d) A certificate of title is a prerequisite to registration of the vehicle and the applicant does not hold a valid certificate of title and is not entitled to the issuance of a certificate of title; or
e) The applicant has had his registration suspended or revoked in accordance with Section 16 and such suspension or revocation is still in effect.
(Section 600.15, Subdivision 5, Paragraph (a) amended by Resolution No. 37-91, dated February 12, 1991)
Subdivision 6. Contents, Issuance and Display of Certificate of Registration; Issuance of Duplicate Certificate.
a) The Secretary upon registering a vehicle shall issue and deliver to the owner a certificate of registration. The certificate shall contain the name and address of the owner, a brief description of the vehicle, the registration number assigned and the date of expiration or registration. The certificate shall be in such form and may contain such additional information as the Secretary deems advisable.
b) The Secretary shall issue a duplicate certificate of registration upon application therefor by any person in whose name the vehicle is registration and upon payment of a fee of $2.50.
Subdivision
7. Design, Procurement and
Issuance of Registration Plates.
a) The Secretary upon registering a vehicle pursuant to this Ordinance shall issue and deliver prepaid to the applicant two (2) registration plates for each automobile, motor truck, motor bus, school bus or self-propelled mobile home registered, and one plate for other vehicles registered unless the Secretary believes that two (2) plates will better serve the interests of law enforcement.
b) The Red Lake Band Tribal Council shall determine the size, color and design of registration plates with a view toward making them visible evidence of the period for which the vehicle is registered, as well as making them a ready means of identifying the specific vehicle or owner for which the plates were issued.
c) All registration plates shall have displayed upon them the following:
1) The registration number or letters assigned to the vehicle or owner.
2) The name Red Lake Band of Chippewa Indians or an abbreviation thereof.
3) An indication of the period for which the specific plate is issued or the date of expiration of registration.
d) All registration plates issued shall be treated with a reflectorized material.
Subdivision 8. Display of Registration Plate.
a) Whenever two (2) registration plates are issued for a vehicle, one such plate shall be attached to the front and one to the rear of the vehicle. Whenever only one (1) registration plate is issued, the plate shall be attached to the front, if the vehicle is a truck tractor or road tractor; otherwise, it shall be attached to the rear.
b) Registration plates shall be attached firmly and rigidly in a horizontal position and in a conspicuous place. The plates shall at all times be maintained in a legible condition and shall be so displayed that they can be readily and distinctly seen and read. Any peace officer may require the operator of any vehicle on which plates are not properly displayed to display such plates as required by this Section.
7) It is unlawful to cover any assigned letters or numbers of a license
plate with any material whatever, including any clear or colorless material
that affects the plate’s visibility or reflectivity.
(Section 600.15, Subd. C added to Tribal Code by Resolution No. 229-97, dated November 25, 1997)
8) Any of the following may be required to forfeit not more than $50.00
1) A person who operates a vehicle for which current registration plate or insert tag have been issued without such plate or tag being attached to the vehicle;
2) A person who operates a vehicle with a registration plate attached in a non-rigid or non-horizontal manner or in an inconspicuous place so as to make it difficult to see and read the plate;
3) A person who operates a vehicle with a registration plate in an illegal condition due to the accumulation of dirt or other foreign matter.
Subdivision 9. Issuance of Duplicate Plates.
a) Whenever a current registration plate is lost or destroyed, the owner of the vehicle to which the plate was attached shall immediately apply to the Secretary for replacement. Upon satisfactory proof of the loss or destruction of the plate and upon payment of a fee of $10.00, the Secretary shall issue a replacement.
b) Whenever a current registration plate becomes illegible, the owner of the vehicle to which the plate is attached shall apply to the Secretary for a replacement. Upon receipt of satisfactory proof of illegibility, and upon payment of a fee of $10.00, the Secretary shall issue a replacement. Upon receipt of his replacement plate, the applicant shall forthwith surrender to the Secretary his illegible plate.
c) When issuing a replacement plate, the Secretary may assign a new number and issue a new plate rather than a duplicate of the original, if in his judgment that is in the best interests of the economy or prevention of fraud. In such event, the person receiving the replacement plates shall surrender both original plates if two (2) plates were issued.
d) Any person issued replacement plates who fails to surrender his illegible plates as required by Subdivision 3., may be required to forfeit not more than $50.00.
e) The Secretary shall keep an accurate and updated list of all registration plates issued, the number thereof, the name of the owner and the description of the motor vehicle.
Subdivision 10. Annual Registration Fees.
a) A registration fee as herein set forth shall be paid for all motor vehicles, not exempted by Subdivision 3, using the public streets or highways of the Red Lake Indian Reservation for a period of twelve consecutive months. The registration period shall be from the first day of the month in which registration is paid until the last day of the previous month of the succeeding year on the following basis:
1) During the first three years of vehicle life: a rate (subject to change) set by the Red Lake Tribal Council for twelve consecutive months.
2) During the fourth through seventh years of vehicle life: a rate (subject to change) set by the Red Lake Tribal Council for twelve consecutive months.
3) During the eighth and succeeding year of vehicle life a rate (Subject to change) set by the Red Lake Tribal
Council for twelve consecutive months.
4) A registration fee of a rate (subject to change) set by the Red Lake Tribal Council shall be paid for all trailers and motorcycles using the public streets and highways of the Red Lake Indian Reservation for twelve consecutive months.
(Subdivision 10 (a) amended by Resolution No. 89-2000 on May 9, 2000.)
(Subdivision 10 (b) omitted by Resolution No. 89-2000 on May 9, 2000.)
Subdivision
11.
When Fees
Refundable.
a) The Red Lake Band shall not refund a fee paid to it except when expressly authorized or directed by this Section.
b) The Red Lake Band shall refund the unused portion of the registration fee paid for the registration of a vehicle upon application for such refund upon a form prescribed by the Red Lake Band and upon furnishing of such proof as the Secretary may require that the vehicle will not be operated on the Red Lake Indian Reservation during the remainder of the period for which the vehicle is registered, and returns to the Red Lake Band his certificate of registration and registration plates. The refund shall be computed on a monthly basis, one-twelfth of the annual registration fee for each calendar month or fraction thereof during which the motor vehicle will not be used on any highway of the Red Lake Indian Reservation.
Subdivision
12.
Exemption of
Non-Residents.
a) Any vehicle which is registered in another jurisdiction is exempt from the laws of the Red Lake Indian Reservation providing for the registration of such vehicles if:
1) The vehicle carried a registration plate indicating the registration in such other jurisdiction; and
2) The vehicle is owned by a non-resident of the Red Lake Indian Reservation; and
3) The jurisdiction in which the vehicle is registered allows such vehicles when registered on the Red Lake Indian Reservation to be operated tax free upon its highways under conditions substantially as favorable to residents of the Red Lake Band as to its own residents.
b) If the owner of any such vehicle moves to the Red Lake Indian Reservation or if the vehicle is purchased by a resident of the Red Lake Indian Reservation the vehicle immediately becomes subject to the laws of the Red Lake Indian Reservation providing for the registration of the vehicles.
Subdivision 13. Fraudulent Application for Registration or license. Any person who gives a false or fictitious name or address in an application for license or registration or who makes application for license or registration in the name of a person other than the true owner, or true owner or lessee, may be fined not more than $50.00 or imprisoned not more than one (1) month or both.
Subdivision 14. Improper Use of Evidence of Registration. Any person who does any of the following may be fined not more than $50.00 or imprisoned not more than one (1) month or both:
a) Lends to another a registration plate, knowing that the person borrowing the plate in not authorized by law to use it; or
b) Displays upon a vehicle a registration plate not issued for such vehicle or not otherwise authorized by law to be used thereon; or
c) Wilfully twists, paints, alters or adds to or cuts off any portion of a registration plate or sticker; or who places or deposits, or causes to be placed or deposited on such plate or sticker any substance to hinder the normal reading of such plate; or who defaces, disfigures, changes or attempts to change any letter or figure thereon.
Subdivision 15. False Evidence of Registration. Whoever operates or has in his possession a motor vehicle, mobile home, trailer or semi-trailer or other vehicle subject to registration which has attached thereto any plate or similar device fashioned in imitation of or altered so as to resemble the current registration plate issued by the Red Lake Band may be fined not more than $50.00 or imprisoned not more than one (1) month or both.
Subdivision
16.
When Registration
to be Suspended.
a) The Judge of the Red Lake Court of Indian Offenses shall suspend the registration of a vehicle when:
1) The registration was completed through fraud or error and the person who registered the vehicle does not or cannot register the vehicle properly; or
2) The required fee has not been paid and the same is not paid upon reasonable notice and demand.
b) Any registration suspended pursuant to this section continues to be suspended until reinstated, by the Court. The Court shall reinstate the registration when the reason for the suspension has been removed.
c) Whenever the registration of a vehicle is suspended under this section, the owner or person in possession of the registration plates shall forthwith return them to the Red Lake Band. Any person who fails to return the plates as required by this section may be required to forfeit not more than $50.00.
Subdivision
17.
When Certificates
of Title Required.
a) The owner of a vehicle subject to registration on the Red Lake Indian Reservation whether or not such vehicle is operated on any highway of the Reservation, shall make application for certificate of title for the vehicle under the following circumstances:
1) If he/she has newly acquired the vehicle.
2) If he/she applies for registration of a vehicle for which he/she does not hold a valid certificate of title previously issued to him/her by the Secretary for the vehicle in question, he/she shall at the same time apply for a certificate of title.
b) An applicant's eligibility for a certificate of title is a prerequisite to registration of the vehicle. If the applicant for registration holds a valid certificate of title previously issued to him/her by the Secretary for the vehicle in question, that is prima facie evidence that he/she is the owner of the vehicle and he/she need not apply for a new certificate of title each time he/she applies for registration.
Subdivision
18.
Application For
Certificate of Title.
a) An application for a certificate of title shall be made to the Secretary upon a form prescribed by him/her and shall be accompanied by the required fee. Each application for certificate of title shall contain the following information:
1) The name and address of the owner.
2) A description of the vehicle, including make, model, identifying number and any other information which the Secretary may reasonably require for proper identification of the vehicle.
3) The date of purchase by the applicant, the name and address of the person from whom the vehicle was acquired and the names and addresses of any secured parties in the order of their priority and the dates of their security agreements.
4) If the vehicle is a new vehicle being registered for the first time, the signature of a dealer authorized to sell such new vehicle.
5) Any further evidence of ownership, which may reasonably be required by the Secretary to enable him/her to determine whether the owner is entitled to a certificate of title and the existence or non-existence of security interests in the vehicle.
6) If the vehicle is a used motor vehicle which was last previously registered in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of such motor vehicle, such statement to be in the form the Secretary prescribes, and shall furnish a certification by a law enforcement officer or by an employee designated by the Secretary to the effect that the physical description of the motor vehicle has been checked and conforms to the description given in the application.
b) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $50.00 or imprisoned not more than one (1) month or both.
Subdivision 19. Maintenance of Records. The Secretary shall maintain a record of all applications and all certificates of title issued by him/her:
a) According to title number.
b) Alphabetically, according to name of owner.
c) In any other manner which the Secretary determines to be desirable.
Subdivision 20. Contents of Certificate of Title.
a) Each certificate of title issued by the Secretary shall contain:
1) The name and address of the owner.
2) The names of any secured parties in the order of priority as shown on the application or, if the application is based on another certificate of title, as shown on such certificate.
3) The title number assigned to the vehicle.
4) A description of the vehicle, including make, model, and identifying number.
5) Any other data which the Secretary deems pertinent and desirable.
b) The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, and may contain forms for application for a certificate of title by a transferee and for the naming of a secured party and the assignment or release of a security interest.
c) A certificate of title issued by the Secretary is prima facie evidence of the facts appearing on it.
Subdivision 21. Grounds for Refusing Issuance of Certificate of Title. The Secretary shall refuse issuance of a certificate of title if any required fee is not paid or if he/she has reasonable grounds to believe that:
a) The
person alleged to be the owner of
the vehicle is not the owner; or
b) The application contains false or fraudulent statement; or
c) The applicant fails to furnish the information or documents.
Subdivision
22.
Lost, Stolen or
Mutilated Certificates.
a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the Secretary shall promptly make application for and may obtain a duplicate upon furnishing information satisfactory to the Secretary. The duplicate certificate of title shall contain the legend "This is a duplicate certificate and may be subject to the rights of a person under the original certificate".
b) The Secretary shall not issue a new certificate of title to a transferee upon application made on a duplicate until fifteen (15) days after receipt of the application.
c) A person recovering an original certificate of title for which a duplicate has been issued shall promptly surrender the original certificate to the Secretary.
Subdivision 23. Fees. The Secretary shall be paid the following fees:
a) For filing an application for a first certificate of title $5.00, by the owner of the vehicle.