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Poarch Band of Creek Indians Tribal Code

[Includes amendments and additions dated through 2004]

§13A TRAFFIC OFFENSE

§13A-1-1 RULES AND REGULATIONS

(A)The Director of the Department of Public Safety is hereby authorized to recommend to the Tribal Council, rules and regulations for the public safety of the roads, streets and highways contained within the reservation properties of the Tribe and certain roads, streets and highway joining tribal properties.

(B) Said regulations shall have the force and effect of law but shall be void in any instance in which they are inconsistent with any ordinance or resolution adopted by the Tribal Council.

(C) The regulations and rules promulgated by the Director of Public Safety shall not be effective until approved by the Tribal Council.

 

§13A-1-2 SPEEDING

(A) It shall be unlawful for a person to drive or operate a vehicle of any kind or character on any highway or road at a greater speed or rate of speed than is posted pursuant to the rules and regulations adopted under the provisions of §13A-1-1 of this code.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-3 RECKLESS DRIVING

(A) A person commits the offense of reckless driving if that person drives-or operates a motor vehicle in a reckless manner on any street, highway, or any road in a manner other than a careful or prudent manner, or at a rate of speed greater than is reasonable and proper, taking into consideration the traffic, surface and width of the road, or at such a rate of speed as to endanger the life, limb or property of any person.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-4 DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

(A) A person commits the offense of driving while under the influence of alcohol or drugs if that person drives or operates or is in actual physical control of a motor vehicle and meets one of the following:

(1)There is 0.08 percent or more by weight of alcohol in his/her blood; or

(2) Is under the influence of alcohol; or

(3) Is under the influence of a controlled substance to a degree which renders him/her incapable of safely driving; or

(4) Is under the combined influence of alcohol and a controlled substance to a degree which renders him/her incapable of safely driving; or

(5) Is under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him incapable of safely driving.

(B) Upon the first conviction, a person violating this section shall be punished by a fine of not less than $700.00 nor more than $1,000.

(C) Upon a second conviction within a five (5) year period, the person convicted shall be punished by a fine not less than $1,000 nor more than $1,500.

(D) Upon a third conviction within a five (5) year period, the person convicted shall be punished by a fine not less than $1,500.00 nor more than $2,500.00.

(E) Upon a fourth or subsequent conviction within 5 years, the person convicted shall be punished by a fine of not less than $2,500.00 nor more than $5,000.00.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§13A-1-5 LEAVING THE SCENE OF AN ACCIDENT

(A) A person commits the offense of leaving the scene of an accident if said person, after having driven an automobile which is involved in any type of accident, collision or crash leaves the scene of said accident before said accident has been fully investigated by the Tribal Police.

(B) It shall not be an offense, however, for a person to leave the scene of an accident for legitimate emergency health care.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-6 DRIVING WITHOUT LICENSE

(A) A person commits the offense of driving without license if said person shall drive or operate any motor vehicle upon any road, street or highway and that person does not have a valid driver's license issued by his/her resident state. A driver shall be deemed to be driving without a license if that person:

(1) has an expired license; or

(2) has a suspended license; or

(3) has a revoked license; or

(4) has never been issued a license; or

(5) is under the minimum age for the issuance of a driver's license, as required by his/her resident state; or

(6) operates a motor vehicle with a learner's permit and violates the terms and conditions of said permit; or

(7) has had his/her driving privileges suspended for any reason; or

(8) is not in possession of a valid driver's license.

Revised 4-22-99
Initials
         
[Initials on original document.]

 

§13A-1-7 FAILURE TO STOP AT STOP SIGN

A. A person commits the offense of failure to stop at a stop sign when said person while operating a motor vehicle approaches a stop sign and does not come to a complete stop.

 

§13A-1-8 DRIVING ON WRONG SIDE OF ROAD

(A) A person commits the offense of driving on the wrong side of the road when said person operates a motor vehicle on any highway, street or road and;

(1) Fails to drive in the right hand lane; or

(2) Crosses a single or double yellow line.

 

§13A-1-9 FAILURE TO YIELD RIGHT OF WAY

(A) A person commits the offense of failure to yield right of way when said person, while operating a motor vehicle;

(1) Fails to yield right of way to a vehicle which has already entered an intersection; or

(2) When two vehicles enter an intersection at approximately the same time the driver of the vehicle on the left must yield the right of way to the vehicle on the right; or

(3) At anytime an emergency, police or other vehicle with a flashing light approaches from in front or behind any vehicle said vehicle shall yield right of way immediately by pulling off the road at the right hand side and stopping until said vehicle has passed.

(4) The operators of all motor vehicles shall yield right of way to pedestrians at all time.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-10 FAILURE TO PROVIDE CHILD PASSENGER RESTRAINTS

(A) A person commits the offense of failure to provide proper child passenger restraints;

(1) If while transporting a child under the age of four years in a motor vehicle operated on the roadways, streets, or highways of the Poarch Creek Indian Reservation fails to provide for the protection of the child, a proper child passenger restraint system. Said child passenger restraint system to meet applicable federal motor vehicle safety standards.

(2) If while transporting a child 4 to 6 years of age in a motor vehicle operated on the roadways, streets, or highways of the Poarch Creek Indian Reservation, fails to provide for the protection of the child, proper seat belts installed by the motor vehicle manufacturer, dealer or owner.

(3) The term "motor vehicle" as used in this section shall apply to trucks or buses having a tonnage rating of one ton or more.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-11 FAILURE TO UTILIZE SAFETY BELTS

(A) A person commits the offense of failure to utilize safety belts, if while riding as a front seat occupant of a passenger car said person fails to wear safety belt properly fastened about their body at all times when the vehicle is in motion.

(B) The term passenger car means a motor vehicle with motive power designed for carrying ten or fewer passengers. Such term does not include a motorcycle or a trailer.

(C) Passenger cars manufactured with safety belts shall be in compliance with Federal Motor Vehicle Safety Standard No. 208.

(D) The provisions of this section shall not apply to:

(1) A child passenger under the purview of §13A-1-10 of the Poarch Band of Creek Indians Tribal Code, who is required to use a child passenger restraint system or a seat belt pursuant to §13A-1-10.

(2) An occupant of a passenger car who possesses a written statement from a licensed physician that he is unable for medical reasons to wear a safety belt.

(3) A rural letter carrier of the United States Postal Services while performing his duties as a rural letter carrier.

(4) A driver or passenger delivering newspapers or mail from house to house.

(5) Passengers in a passenger car with a model year prior to 1965.

(6) Passengers in motor vehicles which normally operate in reverse.

(E) Notwithstanding any provision of law to the contrary, no citation or warrant for arrest shall be issued for a violation of this act unless a person is stopped by a law enforcement officer for a separate violation of law and is issued a citation or warrant of arrest for the separate violation of law.

(F) Failure to wear a safety belt in violation of this act shall not be considered evidence of contributory negligence and shall not limit the liability of an insurer, nor shall the conviction be entered on the driving record of any individual charged under the provisions of this act.

(G) The period from the effective date of §13A-1-10 and §13A-1-11 of this code until one month thereafter shall be a warning period in which person who violate the provisions of this Section shall be issued a verbal warning or warning citation by the proper law enforcement officer, but no monetary fine shall be assessed against the offender. At the conclusion of the said warning period, all provisions of this Section shall be in full force and effect.

(H)The provisions of this Section are severable. If any part of this act is declared invalid or unconstitutional , such declaration shall not affect the part which remains.

(I) All laws or parts of laws which conflict with this Section are hereby repealed.

(J) This Section shall become effective immediately upon its passage and approval by the Tribal Council, or upon its otherwise becoming a law.

 

§13A-1-12 FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER

(A) Any driver of a motor vehicle who willfully fails or refuses to bring his/her vehicle to a stop, or who otherwise flees or attempts to elude a visual or audible signal to bring the vehicle to a stop as given by a police officer. The signal given by the police officer may be by hand, voice, emergency light or siren.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-13 OVERTAKING SCHOOL BUS OR CHURCH BUS

(A) The driver of a vehicle, upon meeting or overtaking from either direction any school bus stopped on the highway for the purpose of receiving or discharging school children or any church bus which has stopped for the purpose of receiving or discharging passengers, shall stop the vehicle before reaching such school or church bus when there is, in operation on said school or church bus a visual signal. Said driver shall not proceed until such school or church bus resumes motion or is signaled by the school or church bus driver to proceed or the visual signals are no longer actuated.

 

§13A-1-14 CLINGING TO VEHICLES

(A) No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or him/herself to any vehicle upon a road, street, or highway.

 

§13A-1-15 CLINGING TO OTHER VEHICLES

(A) No person riding upon a motorcycle shall attach him/herself or the motorcycle to any other vehicle on a road, street, or highway.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-16 STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIC PLACES

(A) Except when necessary, to avoid conflict with other traffic, or in compliance with the law or the directions of a police officer, no person shall:

(1) Stop, stand or park a vehicle

    (a) on the roadway side of any vehicle stopped or parked at the edge or curb of a street;

    (b) on a sidewalk;

    (c) along side or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

    (d) upon any bridge or other elevated structure or upon a highway;

    (e) at any place where official signs prohibit stopping.

(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers.

    (a) in front of a public or private driveway;

    (b) within fifteen (15) feet of a fire hydrant;

    (c) within thirty (30) feet upon the approach to any stop sign or yield sign located at the side of a roadway;

    (d) within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance;

    (e) at any place where official signs prohibit standing.

(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

    (a) at any place where official signs prohibit parking.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-17 CROSSING FIRE HOSE

(A) No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official or police officer in command.

 

§13A-1-18 LIMITATIONS ON BACKING

(A) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.

(B) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled access highway.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-19 PUTTING GLASS, ETC. ON HIGHWAY, ROAD, STREET OR PUBLIC RIGHT-OF-WAY PROHIBITED; REMOVAL; THROWING OF LITTER ONTO HIGHWAY, ETC., PROHIBITED

(A) No person shall throw or deposit upon any highway, road or street, or public right-of-way any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such highway.

(B) Any person who drops, or throws, upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.

(C) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.

(D) No person shall throw litter or allow litter to be thrown from a motor vehicle onto or upon any highway, road or street or public right-of-way.

 

§13A-1-20 HOMICIDE BY VEHICLE

(A) Whoever shall unlawfully and unintentionally cause the death of another person while engaged in the violation of any tribal law applying to the operation or use of vehicle or to the regulation of traffic shall be guilty of homicide when such violation is the proximate cause of said death.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-21 OFFICER AUTHORIZED TO REMOVE VEHICLE

(A) Whenever any Public Safety Officer finds a vehicle standing upon a roadway in violation of any provisions of this Traffic Section, such officer is hereby authorized to move such vehicle, or require the driver or other person in charge of the vehicle, to move the same to a position off the paved or main traveled part of such roadway.

(B) Any Public Safety Officer is hereby authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any roadway or bridge in such position or under such circumstances as to obstruct the normal movement of traffic.

(C) Any Public Safety officer is hereby authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a roadway when:

(1) Report has been made that such vehicle has been stolen or taken without the consent of its owner;

(2) The person or persons in charge of such vehicle are unable to provide for its custody or removal;

(3) when the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before the proper court without unnecessary delay; or

(4) When a vehicle has been left unattended for twenty-four (24) hours or more on or adjacent to any public highway and it is determined by the Public Safety officer that the vehicle constitutes a hazard to traffic upon the highway.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

[§13A-1-22 Reserved]

 

§13A-1-23 WHEN RIGHT TO USE HIGHWAYS MAY BE RESTRICTED

(A) Authorities may prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles when operated upon any highway under the jurisdiction of and for the maintenance of which such local authorities are responsible whenever any said highway by reason of deterioration, rain, snow, or other climatic conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights reduced. Such local authorities shall erect or cause to be erected and maintained signs at each end of that portion of highway affected thereby.

 

§13A-1-24 UNAUTHORIZED USE OF HANDICAPPED PARKING PLACE

(A) It shall be unlawful for any person who does not have a distinctive license plate tag designated as "Handicap", to park a motor vehicle in a parking place designated for the handicapped at any place of public accommodation or any other place to which the general public is invited.

 

§13A-1-25 DUTY OF DRIVER ON APPROACH OF AUTHORIZED EMERGENCY VEHICLE

(A) Upon the immediate approach of an authorized emergency vehicle, the driver of all other vehicles shall immediately drive to a position parallel to, and as close as possible, to the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a Public Safety Officer.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-26 OBEDIENCE TO PUBLIC SAFETY OFFICERS AND FIREFIGHTERS

(A) No person shall willfully fail or refuse to comply with any lawful order or direction of any Public Safety Officer or Firefighter vested with the authority to direct, control or regulate traffic.

 

§13A-1-27 DRIVING ON RIGHT SIDE OF ROADWAY; EXCEPTIONS

(A) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

    (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

    (2) When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person doing so shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard.

(B) Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane when available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-28 AUTHORIZED EMERGENCY VEHICLES

(A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(B) The driver of an authorized emergency vehicle may;

    (1) Park or stand, irrespective of the provisions of this code;

    (2) Proceed past a stop sign, but only after slowing down as may be necessary for safe operation;

    (3) Exceed the maximum speed limits so long as he does not endanger life or property;

    (4) Disregard regulations governing direction of movement or turning in specified direction.

(C) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal.

(D) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-29 RACING ON ROADWAYS

(A) No person shall drive any vehicle on any roadway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record and no person shall in any manner participate in any such race, competition, test or exhibition.

(B) "Drag Racing" is defined as the operation of two or more vehicles from a point side by side at accelerated speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles or a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.

(C) "Racing" is defined as the use of one or more vehicles in an attempt to outgun, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.

 

§13A-1-30 PEDESTRIANS UNDER INFLUENCE OF ALCOHOL AND DRUGS

(A) A pedestrian who is under the influence of alcohol or any drug to a degree which renders himself/herself a hazard shall not walk or be upon a roadway.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-32 RIDING ON MOTORCYCLES

(A) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.

(B) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

(C) No person shall operate a motorcycle while carrying any package, bundle or other article which prevents him from keeping both hands on the handlebars.

(D) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-33 OPERATING MOTORCYCLES ON ROADWAYS LANED FOR TRAFFIC

(A) All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane.

(B) The operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.

(C) No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

 

§13A-1-34 FOOTRESTS AND HANDLEBARS

(A) Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.

 

§13A-1-35 HEADGEAR AND SHOES REQUIRED FOR MOTORCYCLE RIDERS AND RESPONSIBILITY FOR JUVENILE RIDERS

(A) No person shall operate or ride upon a motorcycle or motor-driven cycle unless he is wearing protective headgear.

(B) No person shall operate or ride upon a motorcycle or motor-driven cycle unless he is wearing shoes.

(C) No person shall knowingly permit or allow any juvenile for whom he or she is a parent or guardian to operate or ride upon a motorcycle or motor-driven cycle while not wearing a protective helmet and shoes.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-36 TRAFFIC LAWS APPLY TO PERSONS RIDING BICYCLES

(A) Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this code.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-37 BICYCLE OPERATION; WHEN UNLAWFUL

(A) It is unlawful for any person to use a bicycle on a public roadway, public bicycle path, or other public rights-of-way under any one of the following conditions:

    (1) For any person under the age of 16 years to operate or be a passenger on a bicycle unless at all times the person wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet; or

    (2) For any person to operate a bicycle with a passenger who weighs less than 40 pounds or is less than 40 inches in height unless the passenger is properly seated in and adequately secured in a restraining seat; or

    (3) For any parent or guardian of a person under the age of 16 years to knowingly permit the person to operate or be a passenger in violation of subdivision (1) or (2).

(B) On the first offense, the police officer shall counsel the child and provide him/her with written information regarding bicycle helmet safety and shall instruct the child to deliver the information to the parent or guardian.

On a second offense, the police officer shall counsel the child and give him/her written information regarding bicycle safety. A written warning shall be given to the child to give to the parent or guardian with instructions to contact the police department for further information and where to obtain a bicycle helmet.

On a third offense, the police officer shall counsel the child, confiscate the bicycle and take the child to his/her residence. The police officer shall then return the bicycle to the parent or guardian and give a warning ticket to the parent or guardian. If the parent or guardian is unavailable, the warning ticket shall be left at the residence with instructions to pick up the bicycle at the police department.

Upon a fourth offense, the police officer shall counsel the child, confiscate the bicycle and take the child to his/her residence, whereupon a citation for fifty dollars ($50.00) will be issued to the parent or guardian of the child. The fine or penalty shall be waived on the fourth offense, if the parent or guardian provides proof of purchase of having provided the necessary equipment. Upon a fifth or subsequent offense, the $50.00 fine or penalty shall not be waived.

Approved 4-22-99
Initials
         
[Initials on original document.]

 

§13A-1-38 RIDING ON BICYCLES

(A) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

(B) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

 

§13A-1-39 RIDING ON ROADWAYS AND BICYCLE PATHS

(A) Every person operating a bicycle upon a roadway shall ride as near to the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

(B) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

(C) Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

 

§13A-1-40 CARRYING ARTICLES

(A) No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-41 LAMPS AND OTHER EQUIPMENT ON BICYCLES

(A) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of a least 500 feet to the front and with a red reflector which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

(B) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

 

§13A-1-42 FLAG OR LIGHT AT END OF LOAD

(A) Whenever the load of any vehicle shall extend more than four feet beyond the rear of the bed or body thereof, there shall be displayed at the end of such load in such position as to be clearly visible at all times from the rear of such load a red flag not less than 12 inches both in length and width; except, that between one-half hour after sunset and one-half hour before sunrise there shall be displayed at the end of any such load a red light plainly visible under normal atmospheric conditions at least 200 feet from the rear of such vehicle.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-43 RESTRICTIONS AS TO TIRE EQUIPMENT

(A) Every motor carrier, motor vehicle, truck, semitrailer and trailer shall be equipped with pneumatic tires of sufficient traction surface in accordance with the capacity of the motor carrier or motor vehicle.

(B) No tire on a vehicle moved on a highway shall have on its periphery any block, stud, flange, cleat or spike or any other protuberances of any material other than rubber which project beyond the tread of the traction surface of the tire, except that it shall be permissible to use farm machinery with tires having protuberances which will not injure the highway and, except also, that it shall be permissible to use tire chains or metal studded or safety spike tires of reasonable proportions upon any vehicle when required for safety because of snow, rain, or other conditions tending to cause a vehicle to slide or skid.

(C) Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface of a least four inches and one inch thick above the edge of the flange of the entire periphery.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-44 SPILLING LOADS OR LITTER

(A) Whoever willfully and knowingly operates, owns, or causes to be operated on any public highway, road, street or public right-of-way a motor vehicle so loaded with gravel, rock, slag, bricks, in such manner or in such condition that the contents of the vehicle spill out and cause it to be deposited upon the highway, road, street or public right-of-way will be fined not more than $500.00 pursuant to section 13A-1-19 of the Poarch Creek Indians Tribal Code.

 

§13A-1-45 REAR TAGS REQUIRED

(A) Every motor vehicle operator who operators a motor vehicle upon any highway, street or public right-of-way shall at all times keep attached and plainly visible on the rear end of such motor vehicle a license tag or license plate as prescribed and furnished by the department of revenue at the time the owner or operator purchases his license.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-46 REPORT REQUIRED FOLLOWING ACCIDENT

(A) The operator of every motor vehicle which is in any manner involved in an accident, in which any person is killed or injured or in which damage to the property of any one person, including himself, in excess of $250.00 is sustained, shall within 10 days after such accident report the matter in writing to the Chief of Police

 

§13A-1-47 CERTIFICATE OF INSURANCE AS PROOF

(A) All persons operating a motor vehicle upon any roadway of the Poarch Creek Indian Reservation, must have in their possession a certificate of proof of liability insurance. Such certificate shall give the effective date of such motor vehicle liability policy, which date shall be the same as the effective date of the certificate, and shall designate by explicit description or by appropriate reference all motor vehicles covered thereby, unless the policy is issued to a person who is not the owner of a motor vehicle.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-48 CERTIFICATE FURNISHED B? NONRESIDENT AS PROOF

(A) The nonresident owner of a motor vehicle not registered in the State of Alabama may give proof of financial responsibility by filing with the Chief of Police a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicles described in such certificate is registered, or if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such certificate otherwise conforms to the provisions of this code.

 

§13A-1-49 MOTOR VEHICLE LIABILITY POLICY

(A) A motor vehicle liability policy shall mean an owner's or an operator's policy of liability insurance, certified as provided in §13A-1-47 or §13A-1-48 as proof of financial responsibility.

 

§13A-1-50 DUTY UPON STRIKING UNATTENDED VEHICLE

(A) The driver of any motor vehicle which collides with any motor vehicle or other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver or owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in or on the vehicle struck a written notice giving the name and address of the driver and/or the owner of the vehicle doing the striking and a statement of the circumstances thereof.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-51 REQUIRED LIGHTING EQUIPMENT

(A) When lighted lamps required - Every vehicle upon a highway within this Reservation/State at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead shall display lighted lamps.

 

§13A-1-52 REQUIREMENTS AS TO HEAD LAMPS

(A) Use of multiple-beam road-lighting equipment - Whenever a motor vehicle is being operated on a roadway or shoulder adjacent thereof during the times specified in §13A-1-51 the driver shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations:

(1) Whenever a driver of a vehicle approaches an oncoming vehicle within 500 feet, such driver shall use a distribution of light, or composite beam so aimed that the glaring rays are not projected into the eyes of the oncoming driver. The lowermost distribution of light or composite beams, specified in Title 32 of the Code of Alabama §32-5-242 subdivision (2) of subsection (b) shall be deemed to avoid glare at all times, regardless of road contour and loading.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-53 FOLLOWING TOO CLOSELY

(A) The driver of a motor vehicle shall not follow another more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. Except when overtaking and passing another vehicle, the driver of a vehicle shall leave a distance of at least 20 feet for each 10 miles per hour of speed between the vehicle that he is driving and the vehicle that he is following.

 

§13A-1-54 BRAKES

(A) Every motor vehicle when operated upon a highway shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle, including two separate means of applying the brakes, each of which shall be effective to apply the brakes to at least two wheels and so constructed that no part which is liable to failure shall be common to two; except, that a motorcycle need be equipped with only one brake. All such brakes shall be maintained in good working order and shall conform to regulations not inconsistent with this section to be promulgated by the Chief of Police.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-55 MUFFLERS; PREVENTION OF NOISE, SMOKE, ETC.

(A) Every motor vehicle shall at all times be equipped with a muffler in, good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cut-out, bypass, a muffler without baffles or similar device upon a motor vehicle on a highway. The engine and power mechanism of every motor vehicle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke.

 

§13A-1-56 MIRRORS

(A) Every motor vehicle, operated single or when towing any other vehicle, shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of such motor vehicle.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-57 OVERTAKING VEHICLES ON LEFT

(A) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(B) No vehicle shall be driven to the left side of the center of roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

(C) No vehicle shall be driven on the left side of the roadway under the following conditions:

(1) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing;

(3) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-58 TURNING MOVEMENTS AND REQUIRED SIGNALS

(A) No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner hereinafter provided.

(1) A signal of intention to turn right or left when required shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

(2) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(B) Any stop or turn signal when required herein shall be given either by means of hand and arm or by signal lamps, except as otherwise provided in subsection (C).

(C) Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle, exceeds 24 inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds 14 feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.

 

§13A-1-59 OPERATION OF MOTOR VEHICLE BEARING TAG OR PLATS NOT ISSUED THEREOF OR TRANSFERRED THERETO

(A) It shall be unlawful for any person to operate a motor vehicle bearing a license tag or plate not issued for or duly transferred to such vehicle.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-60 RESTRICTED LICENSES

(A) It shall be unlawful for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in such a restricted license issued to him/her.

 

§13A-1-61 WINDSHIELDS MUST BE UNOBSTRUCTED; WINDSHIELD WIPERS; TINTING

(A) No person shall drive any motor vehicle with any sign, poster or other nontransparent material upon the front windshield, sidewings or side or rear windows of such vehicle which obstructs the driver's clear view of the highway or any interesting highway.

(B) The windshield of every motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield, which device shall be so constructed as to be controlled or operated by the driver of the vehicle.

(C) Every windshield wiper upon a motor vehicle shall be maintained in good working order.

(D) No person shall operate a motor vehicle which has a windshield, sidewing or rear window which has tinting to the extent or manufactured in such a way that occupants of the vehicle cannot be easily identified or recognized through the sidewing or rear windows from outside the motor vehicle.

Approved 9-28-97
Initials
         
[Initials on original document.]

 

§13A-1-62 TAGS REQUIRED

Any motor vehicle operated upon any road, street, or highway within the exterior boundaries of the Poarch Creek Indian Reservation must at all times keep attached and clearly visible a current and proper license plate, as issued by the owner's resident state.

 

§13A-1-63 CLASSIFICATION OF TRAFFIC CODE AND FIRES

(A) The violation of any provision of Section 13A shall be considered a civil infraction.

(B) Unless otherwise established herein, fines for the violation of any provision of Section 13A shall be no less than $10.00, but not to exceed $5,000.00, the exact amount to be assessed at the discretion of the judge.

Approved 4-22-99
Initials
         
[Initials on original document.]


IMPORTANT

If you do not appear in court on your assigned date or if payment does not reach the clerk's office by your court date, your driver's license may be suspended and a warrant may be issued for your arrest. Additional cost will be incurred by you.

PLEASE SIGN THIS FORM AND SEND WITH YOUR PAYMENT

I, the undersigned, do hereby enter my appearance on the complaint of the offense charged and cited. I have been informed of my rights and voluntarily waive my rights. My signature to this admission of allegation is voluntary and will have the same effect as a judgment of court, and a record will be sent to the Driver's License Division of Public Safety (or to my state). I do hereby admit the allegation and waive my right to representation by an attorney, to a hearing by a court, and to all appeals.

____________________________________
(Defendant's Signature)
____________________________
Date

__________________________________________________________________

ADDRESS COURT HOURS
Poarch Creek Indians Tribal Court
5811 Jacksprings Road
Atmore, AL 36502
8:00 AM - 5:00 PM
Monday - Friday
(334) 368-9136

Approved 9-28-97
Initials
         
[Initials on original document.]


INSTRUCTIONS FOR PAYING TRAFFIC FINES AND COST

A traffic citation has been issued against you. If you have been charged with one of the offenses listed below and would like to admit the allegation and pay the fine and court cost without having to appear in court, please sign below and mail full payment to the address indicated. If your charge is not checked, if you have been convicted of more than two charges in the last 12 months, or if you wish to deny the allegations, you must appear at the indicated date, time and place. This date is on your ticket and may also appear below.

Speeding (less than 25 mph over posted speed limit)
$100.00
Speeding (25 mph or more over posted speed limit)
115.00
Driving on Wrong Side of Road
105.00
Failure to Dim Headlights
85.00
Failure to use Child Restraint
85.00
Failure to Wear Safety Belt
85.00
Failure to Yield Right-of-Way
95.00
Following Too Closely
95.00
Improper Backing
95.00
Improper Brakes
95.00
Leaving Scene of Accident
500.00
Driving Under the Influence  
1st offense
700.00
2nd offense
1,500.00
Overtaking School/Church Bus
1,000.00
Clinging to Vehicle
50.00
Crossing Fire Hose
100.00
Homicide by Vehicle
5,000.00
Disobedience to Public Safety Officer and/or Firefighters
100.00
Pedestrians Under the Influence
100.00
Improper Headgear/Shoes
100.00
Improper carrying of Articles
25.00
Improper Tires
95.00
Improper Lights
95.00
Improper Muffler
85.00
Improper or No Rearview Mirror
95.00
Improper Passing
95.00
Improper Signal
85.00
Improper Tag
100.00
No Helmet (motorcycle rider)
85.00
Running Red Light
95.00
Running Stop Sign
95.00
Stopping on Highway
105.00
Violation of Driver's License Restriction or Endorsement
85.00
Reckless Driving
200.00
Driving without License
200.00
Fleeing or Attempting to Elude Police Officer
1,000.00
Plus revoke driving privilege
Clinging to Other Vehicles
50.00
Littering on Highway
100.00
Unauthorized Use of Handicapped Parking Places
100.00
Racing on Roadways
500.00
Improper Footrests/Handlebars
75.00
Improper Riding on Bicycles
25.00
Improper Equipment on Bicycles
75.00

NO PERSONAL CHECKS will be accepted. Send money order or cashier's check for the full amount made payable to: Poarch Creek Indians Tribal Court.

Approved 9-28-97
Initials
         
[Initials on original document.]

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