Red Lake Court of Indian Offenses
Code – “Revisions July 25, 2001”


[Editor's Note: this copy of the Red Lake Band of Chippewa Indians "tribal code" was received from what journalists call a "reliable source" in the tribal administration, apparently July 25, 2001 revisions of the Red Lake Court of Indian Offenses' Law and Order provisions that was adopted by the tribal council on September 11, 1990.  As a Court of Indian Offenses, the Red Lake Court is also subject to the federal regulations, including the law and order provisions in Title 25 of the Code of Federal Regulations.  Maquah.net makes no representation as to the accuracy or current status of this revised code.]


TITLE VI  MOTOR VEHICLES, HIGHWAY TRAFFIC REGULATIONS  AND  MOTOR VEHICLE REGISTRATION

CHAPTER 600

600.01     Accidents

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

600.08         Speed Restrictions

600.09     Right of Way; Stop Signs; Yield Signs

600.10     Pedestrians

600.11     Bicycles

600.12     Unsafe Equipment

600.13     Driving on Right Side of Roadway

600.14     Hitching Behind Vehicles

600.15     Motor Vehicle Registration

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.

600.16     Abandoned Motor Vehicles

600.17     Uniform Traffic Tickets

600.18     Highway Hazards

600.19     Drivers Licenses

600.191       Definitions

600.193       Motor Vehicle Drivers License

600.194       Classes of Licenses

600.195       Exemptions

600.196       Persons Not Eligible For Driver's License

600.197       Instruction Permits

600.198       Licenses, Permits

600.199       License in Possession

600.200       Duplicate Licenses; Endorsements

600.201       Change of Domicile or Name

600.20         Examination

600.21         Courts Recommendations on Suspension

600.22         Revocation

600.23         Suspension

600.24         Mandatory Insurance Coverage

600.25         Suspension For Uninsured Vehicles

600.26         Licenses Must be Surrendered

600.27         Unlawful Acts

600.28        Violations, Misdemeanors

600.29        Expiration of Licenses

600.30        Revoked Licenses; Examination for New License

600.31        Limited License

600.32        School Bus Operators

600.33        Report of Traffic Violations

600.34        School Bus Passing

600.35       Yield to Emergency Vehicles

600.36        Motorcycles

Subdivision 4.      Driving.

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 601

ALL-TERRAIN VEHICLES

601.01     Definitions

601.02     Operation Requirements

601.03     Penalties

601.04     Signal from Officer

601.05     Youthful Operators

CHAPTER 602 VEHICLE EQUIPMENT, SAFETY

602.01     Windshields

 

 

 

TITLE VI
MOTOR VEHICLES, HIGHWAY TRAFFIC REGULATIONS
AND
MOTOR VEHICLE REGISTRATION

 

CHAPTER 600

 

600.01             Accidents

 

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.

 

600.02             Driving While Under the Influence

 

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.

 

600.03             Blood, Breath, Urine Test

 

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)

 

600.04             Driving in Violation of Court Order

 

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.

 

600.05             Reckless or Careless Driving

 

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.

 

600.06             Minor Operating Motor Vehicle

 

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.

 

600.07             Driving Without a License

 

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).

 

600.08             Speed Restrictions

 

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.

 

600.09             Right of Way; Stop Signs; Yield Signs

 

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.

 

600.10             Pedestrians

 

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.

 

600.11             Bicycles

 

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.

 

600.12             Unsafe Equipment

 

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.

 

600.13             Driving on Right Side of Roadway

 

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)

 

600.14             Hitching Behind Vehicles

 

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.

 

600.15             Motor Vehicle Registration

 

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.

 

b)         For the original notation and subsequent release of each security interest noted upon a certificate of title, a single fee of $5.00 by the owner of the vehicle.

 

c)         For a duplicate certificate of title $7.50, by the owner of the vehicle.

 

Subdivision 24.           Transfer of Interest in a Vehicle.

 

a)         If an owner transfers his interest in a vehicle, he/she shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and cause the certificate to be mailed or delivered to the transferee.

 

b)         The transferee shall, promptly after delivery to him/her of the vehicle, execute the application for a new certificate of title in the space provided therefor on the certificate and cause the certificate and application to be mailed or delivered to the Secretary.

 

c)         A transfer by an owner is not effective until the provisions of this section have been complied with.  An owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section requiring action by him/her is not liable as owner for any damage thereafter resulting from operation of the vehicle.

 

d)         Any owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty of title required by Subd. (1) may be fined not more than $50.00, or imprisoned not more than one (1) month or both.

 

e)         Any transferee of a vehicle who fails to make application for a new certificate of title within ten (10) days upon transfer to him/her of a vehicle may be fined not more than $50.00, or imprisoned not more than one (1) month or both.  A certificate is considered to have been applied for when the application accompanied by the required fee has been delivered to the Secretary or deposited in the mail properly addressed with postage prepaid.

 

Subdivision 25.           When Secretary to Issue a New Certificate.  The Secretary upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer documents required by ordinance, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner.

 

Subdivision 26.           Perfection of Security Interests.

 

a)         A security interest in a vehicle of type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or secured parties of the vehicle unless perfected as provided in this Ordinance.

 

b)         A security interest is perfected by the delivery to the Secretary of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party and the date of his security agreement, and the required fee.  It is perfected as of the time of its creation if such delivery is completed within ten (10) days thereafter.

 

Subdivision 27.           Duties on Creation of Security Interests.  If an owner creates a security interest in a vehicle:

 

a)         The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form prescribed by the Secretary, an application to name the secured party on the certificate, showing the name and address of the secured party and the date of his security agreement, and cause the certificate, application and the required fee to be delivered to the secured party.

 

b)         The secured party shall immediately cause the certificate, application and the required fee to be mailed or delivered to the Secretary.

 

c)         Upon receipt of the certificate of title, application and the required fee, the Secretary shall issue to the owner a new certificate containing the name and address of the new secured party.

 

Subdivision 28.           Assignment of Security Interest.

 

a)         A secured party may assign, absolutely or otherwise, his security interest in the vehicle to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any  obligations as a secured party until the assignee is named as secured party on the certificate.

 

b)         The assignee may, but need not to perfect the assignment, have the certificate of title endorsed or issued with the assignee named as secured party, upon delivering to the Secretary the certificate and an assignment by the secured party named in the certificate in the form the Secretary prescribes.

 

Subdivision 29.           Release of Security Interest.

 

a)         Whenever there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a vehicle under a security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the Secretary prescribes, a release of the security interest in the form and manner prescribed by the Secretary.  If the secured party fails to execute and deliver such a release within ten (10) days after the receipt of the owner's written demand therefor he/she shall be liable to the owner for $25.00 and for any loss caused to the owner by such failure.

 

b)         The owner, other than a dealer holding the vehicle for resale, shall promptly cause the certificate and release to be mailed or delivered to the Secretary, which shall release the secured party's rights on the certificate and issue a new certificate.

 

Subdivision 30.           Secured Party's and Owner's Duties.

 

a)         A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information as to his security agreement and the indebtedness secured by it.

 

b)         An owner shall promptly deliver his certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it upon receipt of a notice from such secured party that his security interest is to be assigned, extended or perfected.

 

c)         Any secured party who fails to disclose information pursuant to Subd. (1) shall be liable for any loss caused to owner thereby.

 

d)         Any owner who fails to deliver the certificate of title to a secured party requesting it pursuant to Subd. (2) shall be liable to such secured party for any loss caused to the secured party thereby and may be fined not more than $25.00.

 

Subdivision 31.           Method of Perfecting Exclusive.  The method provided of perfecting the giving notice of security interests subject to this section is exclusive.

 

Subdivision 32.

 

a)         The Secretary shall suspend or revoke a certificate of title if he/she finds:

 

1)         The certificate of title was fraudulently procured, erroneously issued or prohibited by law; or

 

2)         The vehicle has been scrapped, dismantled or destroyed; or

 

3)         A transfer of title is set aside by a Court by order or judgment.

 

b)         Suspension or revocation of a certificate of title does not, in itself, affect the validity of a security interest noted on it.

 

c)         When the Secretary suspends or revokes a certificate of title, the owner or person in possession of it shall, immediately upon receiving notice of the suspension or revocation, mail or deliver the certificate to the Secretary.

 

d)         The Secretary may seize and impound any certificate of title which has been suspended or revoked.

 

Subdivision 33.           Cancellation of Title or Registration.  The Secretary shall cancel of title or registration whenever:

 

a)         A transfer is set aside by the Court by order or judgement; or

 

b)         It is subsequently discovered that the issuance or possession of a title or registration is prohibited by law.

 

600.16             Abandoned Motor Vehicles

 

Subdivision 1. Definition.  Abandoned motor vehicle means a motor vehicle that has remained for a period of more than 72 hours on public property illegally or is lacking vital component parts or has remained for a period of more than 72 hours on private property without the consent of the person in control of such property or is in an inoperable condition unless it is kept on private property with the consent of the owner of such property.

 

Subdivision 2.             Violation.  Any person who abandons a motor vehicle on any public or private property, without the consent of the person in control of such property is guilty of a misdemeanor.

 

Subdivision 3. Seizure and Forfeiture.  The Red Lake Court of Indian Offenses may seize any abandoned motor vehicle and initiate forfeiture proceedings against it according to the law.

 

600.17             Uniform Traffic Tickets

 

There may be a uniform traffic ticket issued by the Red Lake Police Department for violation of the traffic laws of the Red Lake Indian Reservation.  The Traffic ticket shall be in the form of a summons and complaint.  The ticket shall also have a receipt attached to it which receipt shall be in lieu of bail when signed by the defendant.  The receipt shall contain the defendant's written promise to appear in court at the time set forth in the receipt.

 

600.18             Highway Hazards

 

Any person who shall place any objects upon or closer than six (6) feet to a public highway which object will or could cause a hazard or danger to the public use of such highway is guilty of a petty offense.

 

The Red Lake Police Department shall have the authority to remove such objects so as not to create a hazard to the public use of such highways and all costs associated with the removal shall be assessed against the defendant in addition to the penalties provided for connection of a petty offense.

 

600.19             Drivers Licenses

 

600.191           Definitions

 

Subdivision 1. Motor Vehicle.  Every vehicle which is self-propelled and any vehicle propelled or drawn by a self-propelled vehicle, except snowmobiles.

 

Subdivision 2. Driver.  Every Indian who drives or is in actual physical control of a motor vehicle.

 

Subdivision 3. Chauffeur.  Every Indian who is employed for the principal purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a carrier of persons or property for hire.

 

Subdivision 4.Non-resident.  Every person or Indian who is not a resident of the Red Lake Indian Reservation.

 

Subdivision 5. Person.  Every natural person, including Indians, who are not members of the Red Lake Band of Chippewa Indians and the term shall also include firms, partnerships, associations or corporations.

 

Subdivision 6. Indian.  Every Indian who is a member of the Red Lake Band of Chippewa Indians.

 

Subdivision 7. State.  Includes every state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any province of the Dominion of Canada, but does not include the Red Lake Indian Reservation.

 

Subdivision 8. Reservation.  The land contained within the boundaries of the Red Lake Indian Reservation including those parcels of land restored to the Red Lake Band of Chippewa Indians.

 

Subdivision 9. Council.  The Tribal Council of the Red Lake Band of Chippewa Indians.

 

Subdivision 10.           Commissioner.  Individual appointed by the Council who is responsible for administrating this Chapter.

 

600.192           Commissioner

 

The Council shall appoint a Commissioner on terms as the Council shall determine, whose responsibility shall be to administer drivers licenses according to this Chapter.

 

600.193           Motor Vehicle Drivers License

 

No person or Indian shall operate or drive any motor vehicle upon the public streets or highways of the Reservation unless such person or Indian has a valid Red Lake drivers license issued under the provisions of this section for the type or class of vehicle being driven.  No Indian shall receive a drivers license pursuant to this section unless and until he/she surrenders any and all valid drivers licenses in his possession issued to him/her by any other jurisdiction.  The license shall be surrendered to the Council and shall be returned by the Council to the issuing jurisdiction by of the Red Lake Band of Chippewa Indians.  No person or Indian shall be permitted to have more than one (1) valid drivers license at any time.

 

600.194           Classes of Licenses

 

Drivers licenses shall be classified according to the types of vehicles which may be driven by the holder of each type or class of license.  The Council shall by rule and regulation adopt the various classes of licenses and issue licenses accordingly.  No class of license shall be valid to operate a motorcycle or bus unless the license contains an endorsement to that effect.

 

600.195           Exemptions

 

The following persons and Indians are exempt from license hereunder:

 

a)         Any person or Indian in the employ or service of the United States Government while driving or operating a motor vehicle owned by or leased to the United States Government;

 

b)         Any person or Indian while driving or operating any farm tractor or implement temporarily operated or moved on a public highway or street;

 

c)         Any nonresident who is fifteen (15) years of age and who has in his immediate possession a valid drivers license issued to him/her by another jurisdiction;

 

d)         Any nonresident who is eighteen (18) years of age and whose home state does not require the licensing of drivers, may operate a motor vehicle as a driver for a period of not more than ninety (90) days;

 

e)         Any person or Indian who is a nonresident of the Reservation and who has in his immediate possession a valid drivers license issued to him/her by another jurisdiction;

 

f)          Any Indian who becomes a resident of the Reservation and who has in his possession a valid drivers license issued to him/her and pursuant to the laws of some other state may operate a motor vehicle as a driver from the Reservation for a period of not more than ninety (90) days after becoming a resident of the Reservation without being required to have a Red Lake drivers license as provided in this section.

 

600.196           Persons Not Eligible For Driver's License

 

The Commissioner shall not issue a drivers license hereunder:

 

a)         To any person who is under the age of sixteen (16) years;

 

b)         To any person who is under the age of age eighteen (18) years unless such person has successfully completed a course in drivers education which has been approved by the Tribal Council.  This provision shall not apply when such person has completed a course of drivers education in another jurisdiction or has a previously issued valid license from another jurisdiction;

 

c)         To any person whose license has been suspended or revoked during the period of suspension or revocation unless otherwise ordered by the Court in accordance with the law on provisional licensure;

 

d)         To any person who has been adjudged legally incompetent by reason of mental illness, mental retardation or habitual intoxication and has not been restored to capacity;

 

e)         To any person who is required to take an examination, unless such person shall have successfully completed such examination.

 

f)          To any person when the Tribal Council has reasonable cause to believe that the operation of a motor vehicle by such person would be inimical to the public safety or welfare.

 

600.197           Instruction Permits

 

The Commissioner, upon application, may issue an instruction permit to an applicant who is fifteen (15) years of age and who is enrolled in an approved drivers education program.  The permit holder, while the permit is in his possession may operate a motor vehicle while receiving behind the wheel training in such drivers education program when accompanied by an authorized instructor or while accompanied by a licensed adult driver.

 

600.198           Licenses, Permits

 

Subdivision 1.  Every application for an instruction permit or for a drivers license shall be made upon a form furnished by the Commissioner and every application shall be accompanied by the proper fee.  All applications shall be signed in the presence of the person authorized to accept applications.

 

Subdivision 2.  The fees for a Red Lake license and permit are as follows:

 

Classified License                     C-$10; B-$15 A-$20

Instruction Permit                      $4.00

Duplicate Drivers License         $3.00

Endorsements                           $6.00

 

600.199           License in Possession

 

Every license shall have his drivers license in his immediate possession at all times when operating a motor vehicle and shall display it upon demand of a peace officer.

 

600.200           Duplicate Licenses; Endorsements

 

Subdivision 1.  Upon satisfactory proof to the Commissioner that a permit or license has been lost or destroyed and upon payment of the required fee, the Commissioner shall issue a duplicate thereof.

 

Subdivision 2.  When any Indian wishes to have an endorsement added to his license, he/she shall, after successfully completing any required examinations, apply for such endorsement and make payment of the proper fee and the Commissioner shall then issue the requested endorsement to him/her.

 

600.201           Change of Domicile or Name

 

When any Indian shall change his or her permanent address from that stated on his drivers license or shall change his or her name by marriage, or otherwise, such Indian shall, within 60 days of the change, make application for a duplicate drivers license upon a form furnished by the Commissioner.  Upon surrender of all existing drivers licenses and payment of the required fee, the Commissioner shall issue the duplicate license.

 

600.20             Examination

 

Subdivision 1. Applicants.  Except as otherwise provided in this section, the Commissioner shall cause an examination of each applicant for a drivers license.  The examination shall include a test of applicant's eyesight; ability to read and understand highway signs knowledge of traffic laws; knowledge of the effects of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally; and actual behind the wheel demonstration of ability to operate a motor vehicle in a reasonable and safe manner; and other physical and mental examinations which the Commissioner deems necessary to determine the applicant's fitness to operate a motor vehicle safely upon the public highways and streets.

 

Subdivision 2. Waiver of Examination.  The Commissioner may waive the requirements of Subdivision 1 hereof, except the eye examination, if the applicant possesses a valid drivers license issued by another jurisdiction which requires tests and examinations similar to those set forth in Subdivision 1 hereof prior to issuing a drivers license.

 

Subdivision 3. Renewal of License.  A drivers license shall be issued upon renewal when the applicant has passed an examination consisting of a screening of the applicant's eyesight.

 

Subdivision 4. Vehicle Endorsement.  Any Indian applying to secure an endorsement to his drivers license shall pay the required fee plus take an examination as required to be reasonable by the Commissioner.

 

600.21             Courts Recommendations on Suspension

 

Subdivision 1.  The Red Lake Court of Indian Offenses shall forward to the Commissioner Tribal Council, within fifteen (15) days, a record of the conviction of any Indian in the Court for a violation of any laws or ordinances regulating the operations of motor vehicles, except parking violations, defective vehicle equipment, or vehicle size or weight violations.

 

Subdivision 2.  The Court may recommend the suspension of the drivers license of a person so convicted and the Commissioner shall suspend such license as recommended by the Tribal Court, without a hearing.

 

600.22             Revocation

 

The Commissioner shall revoke the license of a driver upon receiving a record of such driver's conviction of any of the following offenses:

 

a)         Manslaughter or criminal negligence resulting from the operation of a motor vehicle;

 

b)         Any violation of driving vehicle under the influence;

 

c)         A gross misdemeanor in which a motor vehicle was used;

 

d)         Perjury or the making of a false statement to the Tribal Council under any law relating to the ownership or operation of a motor vehicle;

 

e)         Except as otherwise provided, a conviction, plea of guilty or forfeiture of bail upon three charges of violating, within a period of twelve (12) months, any of the laws, rules or ordinances regulating the operation of motor vehicles for which the penalty upon conviction may be imprisonment.

 

Upon revoking the license of a driver as herein provided, the Commissioner shall immediately notify the licensee in writing of the revocation and shall further advise the licensee of his right to request a hearing on the revocation before the Tribal Council within ten (10) days after receipt of the aforesaid notice.

 

600.23             Suspension

 

The Commissioner shall have authority to and may suspend the license of a driver, without a hearing, but upon a showing by the Commissioner's records or other sufficient evidence that the licensee:

 

a)         Has committed an offense for which mandatory revocation of license is required upon a conviction;

 

b)         Is a habitually reckless or negligent driver of a motor vehicle;

 

c)         Is a habitual violator of the traffic laws;

 

d)         Is incompetent to drive a motor vehicle as determined after a hearing.

 

Upon suspending the license of a driver as herein provided, the Commissioner shall immediately notify the licensee in writing of the suspension and shall further advise the licensee of his right to request a hearing on the suspension before the Commissioner within ten (10) days after receipt of the aforesaid notice.

 

600.24             Mandatory Insurance Coverage

 

Subdivision 1. Coverage.  Every owner of a motor vehicle of a type which is required to be registered or licensed or which is principally garaged in this jurisdiction shall maintained, during the period in which operation or use is contemplated, a policy of insurance insuring against loss resulting from liability imposed by law for injury and property damage sustained by any person arising out of the ownership, maintenance, operation, or use of the motor vehicle.  The policy of insurance shall provide for benefits in amounts not less than as follows:

 

a)         Stated limits of liability, exclusive of interest and costs, with respect to each motor vehicle for which coverage is granted, of not less than $25,000.00 because of bodily injury to one person in any one (1) accident, and subject to said limit for one person, of not less than $50,000.00 because of injury to two or more persons in any one accident, and, if the accident has resulted in injury to or destruction of property, of not less than $10,000.00 because of such injury to or destruction of property of others in any one accident.

 

b)         Uninsured motor vehicle coverage in amounts not less than $25,00.00 because of injury to or death of one person in any accident and subject to the limit for one person, $50,000.00 because of bodily injury to or the death of two or more persons in any one accident.

 

600.25             Suspension For Uninsured Vehicles

 

Subdivision 1.  The Commissioner Tribal Council, upon receipt of a certified copy of a judgement which resulted from a claim for damages arising out of ownership, maintenance or use of a motor vehicle because of bodily injury to or death of a person or for damages because of injury to or destruction of property or upon a claim for relief or an agreement of settlement for such damages, shall forthwith suspend the license of the driver of the person against whom the judgment or settlement was rendered if:

 

a)         At the time of the accident, the person did not maintain the insurance policy required by Section 600.24, and

 

b)         The judgment or settlement has not been paid in full.

 

Subdivision 2.  The license shall remain suspended and shall not be renewed, nor shall a license be thereafter issued to the person until every judgment or settlement has been paid in full or the judgement has expired.

 

Subdivision 3.  Any Indian whose license has been suspended because of an unsatisfied judgment may be relieved from the suspension by filing with the Commissioner an affidavit stating that at the time of the accident giving rise to the judgment that he/she was insured, that the insurer is liable for payment of judgment or settlement, and the reason, if known, why the judgment has not been paid.  The affidavit shall be accompanied by a copy of the insurance policy.  If the Commissioner is satisfied that the insurer is liable for the judgment, it shall not suspend the license or it shall reinstate the license if already suspended.

 

Subdivision 4.  For purposes of this section, a judgment or settlement is deemed satisfied if:

 

a)         $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident;

 

b)         Subject to the limit of $25,000.00 because of bodily injury to or death of one person, the sum of $50,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as a result of any one accident; or

 

c)         $10,000.00 has been credited upon any judgment or judgments in excess of that amount because of damage to or destruction of property of others as a result of any one accident.

 

600.26             Licenses Must be Surrendered

 

Subdivision 1.  Upon demand for surrender of a license to the Commissioner as a consequence of a suspension or revocation of a drivers license, the licensee shall immediately forward the license to the Commissioner.  If any person fails to return the license to the Commissioner as provided herein, the Commissioner shall direct the Red Lake Police Department to serve the order of suspension or revocation on the person and direct such person to surrender the license.

 

Subdivision 2.  Any Indian whose drivers license has been suspended, revoked or canceled by this jurisdiction shall not operate a motor vehicle upon the Red Lake Indian Reservation under license, permit or certificate issued by any other jurisdiction during the suspension or after the revocation until the Red Lake driving privilege has been reinstated.

 

600.27             Unlawful Acts

 

It shall be unlawful for any Indian:

 

a)         To display, or cause or permit to be displayed, or have in his possession, any canceled, revoked, suspended, fictitious, or fraudulently altered drivers license; or

 

b)         To display or represent as ones own any drivers license not issued to him/her; or

 

c)         To fail or refuse to surrender to the Tribal Council, upon its lawful demand, any drivers license which has been suspended, revoked or canceled; or

 

d)         To use a false or fictitious name or date of birth in any application for a drivers license, or to knowingly make a false statement, or to knowingly conceal a material fact, or otherwise commit a fraud in any such application; or

 

e)         To alter any drivers license, or to counterfeit or make any fictitious license; or

 

f)          To take any part of the drivers license examination for another or to permit another to take the examination for him/her.

 

600.28             Violations, Misdemeanors

 

It is a misdemeanor for any Indian to intentionally violate any of the provisions of Section 600.27 unless the violation is declared by any law to be a gross misdemeanor.

 

600.29             Expiration of Licenses

 

The expiration date for each driver's license is the birth date of the driver in the fourth (4th) year following the date of issuance of the license.  A license may be renewed on or before the expiration date or within one year after expiration upon application, payment of the required fee, and passing the examination required of all drivers for renewal.

 

600.30             Revoked Licenses; Examination for New License

 

No Indian whose drivers license has been revoked by reason of conviction, plea of guilty or forfeiture of bail shall be issued another license unless and until he/she shall have successfully passed an examination as required for an initial license and has made application and paid the fee as is required for an initial license.

 

600.31             Limited License

 

Subdivision 1.  In any case where an Indian's license has been suspended or revoked, the Tribal Council may at its own discretion issue a limited license to the driver under the following circumstances and conditions:

 

a)         If the driver's livelihood or attendance at a chemical dependency treatment or counseling program depends upon the use of the drivers license; or

 

b)         If attendance at a post-secondary institution of education by an enrolled student of that institution depends upon the use of the drivers license.

 

The Tribal Council in issuing a limited license may impose such conditions and limitations on the license as in its judgment are necessary to protect the interests of the public safety and welfare.

 

600.32             School Bus Operators

 

No Indian shall drive a school bus when transporting school children to or from school or upon a school related trip or activity without having a valid drivers license with a school bus endorsement affixed thereto.  The Minnesota State Board of Education and the Tribal Council shall jointly prescribe rules governing the qualifications of Indians to drive school buses.

 

600.33             Report of Traffic Violations

 

Reports, records, documents and proceedings of the Red Lake Band of Chippewa Indians, its agencies and instrumentalities relating to violations by Indians of the motor vehicle law of the Red Lake Band of Chippewa Indians shall not be released or furnished to the State of Minnesota or any other State unless and until the State of Minnesota or other State requesting such information has signed a written agreement with the Red Lake Band of Chippewa Indians in which the requesting State acknowledges and agrees to give full faith and credit to the public acts, records and judicial proceedings of the Red Lake Band of Chippewa Indians.

 

600.34             School Bus Passing

 

The operator of a motor vehicle on a street or highway within the Red Lake Indian Reservation, upon meeting or overtaking from front or rear any school bus which has stopped on the street or highway for the purpose of receiving or discharging any children, shall stop the vehicle not less than 20 feet from the bus when the bus is stopped and is displaying an extended stop signal arm and flashing red signals shall remain stopped until the extended stop signal is extinguished.  A failure to stop as required by this section is a misdemeanor.

 

(Section 600.34 added to Tribal Code by Resolution No. 264-90 dated December 11, 1990)

 

600.35             Yield to Emergency Vehicles

 

Subdivision 1. Upon the approach of an authorized emergency vehicle which is equipped with and using at least one lighted lamp with a red light and giving audible signal by the use of a siren, the operator of every other vehicle shall immediately yield the right of way to such emergency vehicle by immediately driving to a position parallel to and as close as possible to the right-hand edge or curb of the highway or street and shall stop and remain in a stopped position until the emergency vehicle has passed.  A failure to yield and stop as required in this subdivision is a misdemeanor.

 

Subdivision 2. Subdivision 1 hereof shall not operate to relieve the driver of the emergency vehicles from the duty and responsibility to operate the emergency vehicle from the duty and responsibility to operate the emergency vehicle with due care for the safety of persons and vehicles using the highway and streets.

 

(Section 600.35 added to Tribal Code by Resolution No. 264-90 dated December 11, 1990)

 

600.36             Motorcycles

 

Subdivision 1. Equipment.  No person shall operate any motorcycle unless:

 

a)         the same is equipped with at least one rear view mirror attached on the left side of the handlebars in such a manner that the operator has complete view of the roadway to the rear; and,

 

b)         the same is equipped with at least one operational head lamp and tail light as designed by the manufacturer for driving at night; and,

 

c)         the same is equipped with all other applicable provisions of this chapter pertaining to other motor vehicle equipment; except, those which by their nature have no application.

 

Subdivision 2. Noise Limits.  No person shall modify or fail to repair a faulty or damaged exhaust system of a motorcycle which would allow the increase of noise emitted by the muffler or exhaust system to be in excess of that which was originally installed on the motorcycle.

 

Subdivision 3. Helmets and Footgear.  No person under the age of eighteen (18 ) years shall operate or ride upon a motorcycle without wearing protective headgear with a chin strap fastened when in motion; nor, shall any person ride a motorcycle without protective leather boots or shoes.

 

Subdivision 4. Driving.

 

a)         An operator of a motorcycle shall ride only upon a permanent and regular seat which is attached to the motorcycle for that purpose.  No other person shall ride on a motorcycle; except that a passenger may ride upon a permanent and regular operator's seat if designed for two (2) persons with separate foot rests for the operator and passenger.

 

b)         A passenger on a motorcycle may ride in a sidecar that is designed for and attached to the motorcycle.

 

c)         An operator of a motorcycle shall not carry passengers in a number in excess of the designed capacity of the motorcycle or sidecar attached to it and no person shall ride in a position where both feet are placed on the same side of the motorcycle.

 

d)         Motorcycles shall not be used to tow other motor vehicles.

 

e)         A person operating a motorcycle upon a public street or highway is granted the same rights and is subject to the same duties as are applicable to all other motor vehicles as provided by law; except, as to those provision of law which by their nature can have no application to the operation of a motorcycle.

 

f)          Motorcycles shall not be operated in such a manner as to damage the  property of another or harm any person.

 

g)         Any person who is under the age of eighteen (18) years shall restrict the operation of a motorcycle only to the hours of 7:00 A.M. to 10:00 P.M. each day of the week.

 

Subdivision 5. Violation.  A violation of section 600.36 shall be a petty misdemeanor.  Upon an arrest for a violation of section 600.36, the Red Lake Police Department may impound the motorcycle involved in such violation if the Red Lake Police Department determines that an impoundment would be in the best interests of the public welfare and safety.  Upon a conviction for a violation of section 600.36, an impounded motorcycle may be confiscated by the Red Lake Police Department pursuant to the laws of seizure and confiscation.  If a conviction for a violation of section 600.35 shall not be obtained by the Red Lake Police Department, any impounded motorcycle shall be returned to the person from whom the motorcycle was obtained.

 

(Section  600.36 added to Tribal Code by Resolution No. 264-90, dated December 11, 1990)

 

600.37             Parking Privileges for the Physically Handicapped

 

Subdivision 1. Privilege.  A motor vehicle that displays the Certificate which is authorized to be issued by this section may be parked by or for a physically handicapped person in a designated handicapped parking space or in a metered parking space without obligation to pay the meter fee.  The Certificate must be displayed on the dashboard of the motor vehicle with no part of the Certificate obscured.

 

Subdivision 2. Physically Handicapped.  A physically handicapped Indian means an Indian who, because of disability, cannot walk any appreciable distance without significant risk of falling.

 

Subdivision 3. Certificate.  The Secretary of the Red Lake Band of Chippewa Indians shall issue a special identifying certificate to any physically handicapped applicant upon submission by the applicant of a letter by a qualified physician stating that the applicant is a physically handicapped person within the meaning of the Subdivision 2 of this section.

 

Subdivision 4. Certificated for Motor Vehicles Transporting the Physically Handicapped.  Upon submission of proof, which is satisfactory to the Secretary of the Red Lake Band of Chippewa Indians, that a motor vehicle is used primarily for the purpose of transporting physically handicapped Indians, the Secretary may issue a special identifying Certificate for that motor vehicle.  The operator of a motor vehicle displaying the special Certificate has the parking privileges provided in Subdivision 1 of this section and in Section 600.37 of this Chapter which the motor vehicle is in use for transporting physically handicapped persons.

 

Subdivision 5. Revocation.  If the Secretary of the Red Lake Band of Chippewa Indians shall find that the Certificate is being improperly used, the Secretary may revoke the Certificate.

 

(Section 600.37 added to Tribal Code by Resolution No. 81-94, dated March 8, 1994)

 

600.38             Parking for Physically Handicapped; Penalties

 

Subdivision 1. Authority.  The Tribal Council shall, in its exercise of sound discretion, designate and reserve certain motor vehicle parking spaces on the Red Lake Indian Reservation for physically handicapped persons.

 

Subdivision 2. Violation.  A person shall not park a motor vehicle in or obstruct access to a parking space designated and reserved for the physically handicapped.

 

Subdivision 3. Parking spaces reserved or designated for physically handicapped persons shall be designated and identified by posting of signs incorporating the commonly accepted symbol for handicapped parking.

 

Subdivision 4. Penalty.  Any Indian who violates this section is guilty of a petty misdemeanor and shall be fined not more than $100.00.

 

(Section  600.38 added to Tribal Code by Resolution No. 81-94, dated March 8, 1994)

 

NOTE:            SECTION 600.38 SUBDIVISION 4 VIOLATED SHOULD BE VIOLATES

 

(Section  600.38 added to Tribal Code by Resolution No. 81-94, dated March 8, 1994)

 

600.39 Seat Belts and Passenger Restraint Systems for Children.

 

Subdivision 1. (a) Every motor vehicle operator, when transporting a child under the age of four (4) on the streets and highways of this Reservation in a motor vehicle equipped with factory-installed seat belts, shall equip and install for use in the motor vehicle according to the manufacture’s’s instructions, a child passenger restraint system meeting federal motor vehicle safety standards.

 

(b) No motor vehicle operator who is operating a motor vehicle on the streets and highways of this Reservation may transport a child under the age of four (4) in a seat of a motor vehicle equipped with a factory-installed seat belt, unless the child is properly fastened in the child passenger restraint system.  Any motor vehicle operator who violates this subdivision is guilty of a petty misdemeanor and may be sentenced to pay a fine of not more than $50.00.  The fine may be waived or the amount reduced if the motor vehicle operator produces evidence that within fourteen (14) days after the date of the violation a child passenger restraint system meeting federal motor vehicle safety standards was purchased or obtained for the exclusive use of the operator.

 

(c) It shall be an affirmative defense if the motor vehicle operator is able to demonstrate that the size of the child is such that it is impractical or impossible to accommodate the child in a child passenger restraint system.

 

(Section 600.39 added to Tribal Code by Resolution No. 74-98, dated May 12, 1998)

 

 

 

CHAPTER
601

 

ALL-TERRAIN
VEHICLES

 

601.01             Definitions

 

Subdivision 1. Scope.  The definitions in this section apply to Section 601.01 to 601.05.

 

Subdivision 2. Public road right-of-way means the entire right-of-way a public road including the traveled portions, banks, ditches, shoulder and medians of a roadway.

 

Subdivision 3. All-terrain vehicle or vehicle means a motorized vehicle of not less than two (2) low pressure tires, but not more than six (6) tires, and which is limited in engine displacement of less than 800 cubic centimeters.

 

601.02             Operation Requirements

 

Subdivision 1. Operation on Public Roads and Right-of-way.

 

a)         A person shall not operate an all-terrain vehicle along or the roadway, shoulder or inside bank of a public road right-of-way other than in the ditch or the outside bank or slope a public road right-of-way.

 

b)         A person may operate an all-terrain vehicle which is used for agricultural purposes on a public road right-of-way if the all-terrain vehicle is operated on the far right-hand side of the road.

 

c)         An all-terrain vehicle may be operated on a public road right-of-way in an emergency situation during a period of time when and at locations where the condition of the roadway renders travel by automobiles impartial.

 

d)         An all-terrain vehicle may make a direct crossing of public road right-of-way on the following conditions:

 

1)         The crossing is made at approximately a 90 degree angle to the direction of the road to be crossed and the crossing is made quickly and safely;

 

2)         the vehicle is brought to a complete stop before crossing the shoulder of the right-of-way; and

 

3)         the driver of the all-terrain vehicle yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.

 

e)         An all-terrain vehicle may be operated upon a bridge when required for the purpose of avoiding obstructions to travel and no other method of avoidance is available on the condition that the vehicle is operated in the far right-hand lane and the crossing is made without undue delay.

 

Subdivision 2. Limited Operation on a Public Roadway.  Under the limited circumstances in this chapter which permits the operation of an all-terrain vehicle upon the traveled portion of a public roadway, a person may operate such vehicle only if:

 

a)         the vehicle is equipped with one (1) headlight and one (1) taillight which are both lighted and with a brake which is in operating condition and is operational by either the hand or foot;

 

b)         any sled, trailer or other device being towed by an all-terrain vehicle is equipped with reflective materials.

 

Subdivision 3. Operation in General.  A person may not drive or operate an all-terrain vehicle:

 

a)         at a rate of speed greater than what is reasonable under the circumstances;

 

b)         in a careless, reckless or negligent manner so as to endanger or cause injury or damage to the person or property of another;

 

c)         without headlight or taillight lighted at all times;

 

d)         without an operating break which is operational by either the hand or foot; and

 

e)         while under the influence of alcohol or a controlled substance in violation of Section 600.02 of the Red Lake Tribal Code.

 

601.03             Penalties

 

Any person who violates any provision of this Chapter is guilty of a misdemeanor.

 

601.04             Signal from Officer

 

It is unlawful for an all-terrain vehicle operator, after having knowingly received a signal from a law enforcement officer to come to a stop, to:

 

a)         continue to operate the all-terrain vehicle in a willful or wanton disregard of the signal to stop; and

 

b)         to increase speed or attempt to flee or elude the officer.

 

601.05             Youthful Operators

 

Subdivision 1. Prohibitions.

 

a)         A person under the age of twelve (12) years shall not:

 

1)         operate an all-terrain vehicle on a public road right-of-way, including the ditch or slope thereof;

 

2)         make a direct crossing of a public road right-of-way; and

 

3)    operate an all-terrain vehicle on the public lands of the Red Lake Indian Reservation.

 

b)         Operation by a person between the age of twelve (12) and sixteen (16) years of age may:

 

1)       operate a all-terrain vehicle provided such person has passed an all-terrain vehicle test sponsored by the Red Lake Law Enforcement and obtains a permit.

 

Subdivision 2. Helmet Required.  A person less than eighteen (18) years of age shall not operate an all-terrain vehicle within the Red Lake Indian Reservation unless wearing a safety helmet.

 

Subdivision 3. Prohibitions on Owner.  An owner of an all-terrain vehicle may not knowingly allow it to be operated in violation of this section.

 

(Section 601.01 thru 601.05 added to Tribal Code by Resolution No. 308-92, dated September 15, 1992)

 

 

 

CHAPTER 602
VEHICLE EQUIPMENT, SAFETY

 

602.01 Windshields

 

Subdivision 1.  No person shall drive or operate any motor vehicle with a windshield cracked or discolored to an extent to limit or obstruct proper vision or other transparent material.

 

Subdivision 2.  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 constructed as to be controlled or operated by the driver of the vehicle.

 

Subdivision 3. Glazing Materials.  Prohibitions

 

1.                                          The following equipment is prohibited for safety reasons:

 

501                                    When the windshield is composed of, covered by, or treated with any material which has the effect of making the windshield more reflective or in any way reducing light transmittance through the windshield.

 

502                                    When any window on the vehicle is composed of, covered by, or treated with any material that has a highly reflective or mirrored appearance.

 

(Section 602.01, Vehicle Equipment, Safety added to Tribal Code by Resolution No. 227-97, dated November 25, 1997)

 



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