Oglala Sioux Tribe: Law and Order Code
Last amended: 1996; New Ordinances Received: 2002.
CHAPTER 37
MOTOR VEHICLE LICENSING CODE
VEHICLE LICENSE, REGISTRATION AND TITLE CODE
1-1 TITLE
Sections 1 through 10 shall be known as "The Oglala Sioux tribe's Vehicle License, Registration, and Title Ordinance" and may be so cited.
1-2 AUTHORITY
Article IV., Section 1 (h) of the Constitution and By-Laws of the Oglala Sioux Tribe, as approved by the Secretary of the Interior, confers the authority and power to the Oglala Sioux Tribe to enact and implement the provisions set forth in this Ordinance.
1-3 EFFECTIVE DATE
The provisions of this Ordinance shall become effective January 1, 1986.
1-4 DEFINITIONS
The following definitions shall apply:
Commercial motor vehicle - The term "commercial motor vehicle" shall mean any motor vehicle used or maintained for the transportation of persons or property for hire, compensation or profit or designed, used or maintained primarily for the transportation of property or persons.
Compensation - The term " compensation" shall mean the charge imposed upon motor carriers in consideration of their unusual use of the public highways of this reservation .
Council - The term "council" or "Tribal Council" shall mean the Oglala Sioux Tribal Council as duly elected representatives of the Oglala Sioux Tribe of the Pine Ridge Indian Reservation.
Cross Reference - The term "cross reference" or the initials "CR" shall mean the corresponding, supplemental or complementary section of this Ordinance or other tribal or federal reference.
Dealer - The term "dealer" and/or "vendor" shall be construed to include every individual, partnership, corporation, or trust whose business in whole or in part is that of selling new or used motor vehicles and shall likewise be construed to include every agent, representative, or consignee of any such dealer as defined above.
Department - the term "department" shall mean the Oglala Sioux tribe's Department of Transportation.
Director - The term "director" shall mean the Director of the Oglala Sioux tribe's Department of Transportation.
District - The term "district" shall mean the Districts of the Pine Ridge Indian Reservation as delineated and recognized by the Oglala Sioux Tribe.
Gross Weight - The term "gross weight" shall mean the total weight of the chassis, body, equipment, and maximum load of each motor vehicle, trailer, semitrailer.
Jurisdiction - The term "jurisdiction" shall mean any recognized governmental organization such as a state, county, or foreign country, reservation, or Canadian Indian Reserve.
Lien - The term "Lien" shall mean a charge imposed upon specific property by which it is made security for the performance of an act .
Member - The term "member" shall refer to any recognized member of the Oglala Sioux Tribe.
Mobile Home - The term "mobile home" shall mean a moveable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term shall include:
(a) units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and
(b) units composed of two or more separately towable components designed to be joined into one integral unit capable of being separate again into the components for repeated towing.
The term shall include units designed to be used for residential, commercial, educational or industrial purposed, excluding, however, recreational vehicles as defined in this section.
Month - The term "month" shall mean a calendar month.
Mopeds - The term "mopeds" shall mean a motor driven cycle equipped with two or three wheels, foot pedals to permit muscular propulsion and an independent power source providing a maximum of two (2) brake horsepower.
Motor Carrier - The term "motor carrier" shall mean any person, copartnership, or corporation owning, controlling, operating or maintaining a commercial vehicle.
Motor Cycle - The term "motor cycle" shall include every motor vehicle designed to travel with not more than three (3) wheels in contract with the ground, excluding those items included within the terms "trailer", "semitrailer", or "moped".
Motor vehicle - The term "motor vehicle" shall include all vehicles or machines, trailers, semitrailers, recreational vehicles, truck tractors, road tractors, and motorcycles propelled by any power other than muscular and used upon the highways and roads of the Pine Ridge Indian Reservation for the transportation of persons or property, or both.
Non-Indian - The term "non-member" shall mean all persons not of American Indian descent.
Non-member - The term "non-member" shall mean all persons of American Indian descent but not a recognized member of the Oglala Sioux Tribe.
Non-resident - The term "non-resident" shall refer to any person that does not reside within the geographic boundaries of the Pine Ridge Indian Reservation as stated in the Oglala Sioux tribe's Constitution and By-Laws, Article I.
Owner - The term "owner" shall include not only the titled owner of a motor vehicle but also any person, firm, partnership, association, or corporation renting a motor vehicle or having the exclusive use by a lease or otherwise, as well as any person operating or driving a motor vehicle upon any highway or road on the Pine Ridge Indian Reservation.
Person - The term "person" shall mean every natural person, firm, partnership, association, organization, or corporation.
Public Highway - The term "public highway" shall include any highway, road, public street, avenue, alley, park, parkway, or public place in any town, or village and shall include every way or place of whatever nature opened to the use of the public as a matter of right for purposes of vehicular travel.
Recreational Motorbus - The term "recreational motorbus shall mean a motorbus which has been converted for recreational purposes subsequent to the initial retail sale; a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer.
Reservation - The term "reservation" shall mean the geographic area of the Pine Ridge Indian Reservation as defined in Article I of the Constitution and By-Laws of the Oglala Sioux Tribe.
Resident - The term "resident" shall refer to all persons residing within the geographical confines of the Pine Ridge Indian Reservation.
Road Tractor - The term "road tractor" shall mean every motor vehicle designed and used for drawing other vehicles, except farm or logging tractors used exclusively for farming or logging, and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
Secondhand vehicle - The term "secondhand vehicle" shall mean a "used vehicle", a vehicle of a type subject to registration which has been previously registered or titled and licensed in this or any other jurisdiction.
Semitrailer - The term "semitrailer" shall mean every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its weight and that of its load rests upon or is carried by another vehicle.
Trailer - The term "trailer" shall mean every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle but shall not include a trailer drawn by animals or a logging tractor.
Truck Tractor - The term "truck tractor" shall mean every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Used Vehicle - The term "used vehicle" shall mean any "secondhand vehicle" or a vehicle of a type subject to registration under this Ordinance which has been previously registered or titled and licensed in this jurisdiction or any other jurisdiction.
Year - The term "year" shall mean a calendar year.
1-5 VARIATIONS IN PUNCTUATION; TYPOGRAPHICAL ERRORS; ETC.
No variations in punctuation, whether formal or informal, consistent or not, shall affect the validity of this Ordinance, nor shall obvious or apparent defects in spelling or typography be construed as to invalidate any portion thereof, so long as the purpose and intent of the section is clear.
1-6 ESTABLISHMENT OF DEPARTMENT OF TRANSPORTATION AND DUTIES
There is hereby established an Oglala Sioux Tribe Department of Transportation whose duties and powers shall include but not be limited to vehicle licensing, vehicles titling, vehicle registration, proportional registration of vehicles, and vehicle special use registration and compensation.
1-7 DIRECTOR OF DEPARTMENT OF TRANSPORTATION - APPOINTMENT RESPONSIBILITY AND AUTHORITY - RULES AND REGULATIONS
The Oglala Sioux tribe's Personnel Committee shall advertise and appoint a Director of the Department of Transportation who shall be the principal administrator of the Department and shall have full responsibility and authority for the execution of all transportation laws, ordinances, and resolutions of the Oglala Sioux Tribe, and shall be empowered to promulgate such rules and regulations as are necessary to administer the above named laws, ordinances, or resolutions.
1-7.1 DIRECTOR - BOND - PAYMENT
The Director of the Department of Transportation as appointed in Section 1-7, before beginning the duties of his office, shall give bond to the Oglala Sioux Tribe in the amount of $5,000.00 conditioned for the proper performance of the duties of such office and file such bond with the Oglala Sioux Tribal Secretary. The premium for such bond shall be paid by the Oglala Sioux Tribe until such time as the Department of Transportation is financially secure, after which time, payment for the premium shall be paid by the Department of Transportation.
1-7.2 DIRECTOR - FULL TIME - SALARY
The Director shall be hired on a full-time basis (40 working hours per week) and shall devote his full time to the performance of the duties of his office and shall hold no other office or position of profit. The Director shall be paid a salary reflecting the degree of responsibilities of his office.
1-7.3 DIVISIONS OR OFFICE WITH DEPARTMENT OF TRANSPORTATION
In order to properly execute the Oglala Sioux tribe's Transportation laws, ordinances, or resolutions, the Director with the approval of the Transportation Board may establish, combine, or abolish divisions or offices as far as is financially possible, and may allocate powers, duties, and functions among such divisions or offices.
1-7.4 DIVISION OR OFFICE STAFF - APPOINTMENT - QUALIFICATIONS - APPLICATIONS
The Director with the approval of the Transportation Board shall have the authority to appoint division or office personnel based on applications and qualifications as received from the Oglala Sioux Tribe Personnel office. All applications for positions within the Department of Transportation, shall be advertised by and submitted to the Oglala Sioux tribe's Personnel office.
1-7.5 DIVISION OR OFFICE STAFF - REMOVAL
The Director with the approval of the Transportation Board shall have the authority to remove division or office personnel based on written documentation of malfeasance of office.
1-7.6 FINANCIAL OPERATIONS OF DEPARTMENT OF TRANSPORTATION
The administrative expenses of the Department of Transportation shall be paid by the Director from the Department of Transportation Fund. The costs of maintenance and repair of highways shall be paid by the Director from the Highway and Bridge Fund.
1-8. OFFICES FOR DIRECTOR AND STAFF
The Director of the Department of Transportation and his staff shall be provided with suitable offices or working space.
1-9. APPLICABILITY
The provisions of this Ordinance shall apply to all motor vehicles, trailers, and semitrailers as defined in Section 1-4 required to be registered under the laws of the Oglala Sioux Tribe unless otherwise provided by law. CR Section 1-4.
1-10 TRANSPORTATION BOARD
The Oglala Sioux tribe's Transportation Board shall work in an advisory capacity with the Oglala Sioux tribe's Department of Transportation.
1-10.1 TRANSPORTATION BOARD - COMPOSITION - ADVISORY ATTORNEY - TERM OF OFFICE - REMOVAL
The Oglala Sioux tribe's Transportation Board shall be composed of five (5) voting members who are enrolled members of the Oglala Sioux Tribe, and shall consist of
(a) one member appointed by the Law and Order Committee (b) one member appointed by the Land Committee;
(c) one member appointed by the District Chairmen's Committee; (d) the Oglala Sioux Tribal Treasurer;
(e) and a member at large having expertise and knowledge of transportation systems.
The Transportation Board shall also include an Oglala Sioux Tribal attorney who shall serve in an advisory capacity. Members of the Oglala Sioux tribe's Transportation Board shall serve staggered terms of office: two (2) members shall serve 3-year terms; two (2) members shall serve 2-year terms; and one (1) member shall serve for one year. members shall only be removed during a term for cause, and such vacancy shall be filled by appointment by the Tribal President for the unexpired term.
1-10.2 OFFICERS OF BOARD - FUNCTIONS - MEETINGS
The Oglala Sioux tribe's Transportation Board shall annually elect from its members such officers as it deems necessary. A majority of the Board members shall constitute a quorum. The Board shall exercise such functions as are transferred to it by this Ordinance or assigned to it by law. The Board shall hold meetings at the call of the chairman or a majority of the members and shall follow Robert's Rules of Order Revised in all meeting procedures.
1-10.3 PROHIBITION OF OTHER ASSOCIATION MEMBERSHIP
Any person serving on any county or state governing body, board, committee, or other elected or appointed office shall be prohibited from membership on the Oglala Sioux tribe's Transportation Board.
1-11. ATTORNEY FOR TRANSPORTATION DEPARTMENT
The Oglala Sioux Tribal Council shall assign a Tribal attorney to represent the Oglala Sioux tribe's Transportation Department to give advice, and or representation as necessary.
SECTION 2 EXEMPTIONS
2-1. EXEMPT FARM VEHICLES
Any farm vehicle designed and used primarily for tillage, for harvesting, or wagons and other implements of farming, drawn by another vehicle, whose use is confined to agricultural purposes or to the conveyance of agricultural products and the transportation of farm property by and for the producers thereof, from farm to farm within his vicinity, or from local community or market, shall be exempt from the provisions of this ordinance.
2-2. MOPEDS EXEMPT
Mopeds as defined in Section 1-4 shall be exempt from the provisions of this ordinance. CR Sect. 1-4.
2-3. SPECIAL PERMITS NOT REQUIRED WHILE ENGAGED IN HIGHWAY CONSTRUCTION
Construction vehicles or equipment shall not be required to obtain special permits or licenses while engaged in a highway construction project, whether a new highway location or repair of an existing highway or bridge.
2-4. EXEMPTION IF SIMILAR TAX PAID IN ANOTHER JURISDICTION
Motor vehicles owned by a nonresident, or by a member of the Armed Forces of the united States on duty in the United States are exempt from the additional license fee to the extent of a similar and equal amount of registration tax, sales, use or excise tax has been paid in another jurisdiction. Proof of a valid vehicle title and registration a similar fee or tax to be collected prior to registration is proof that a similar tax has been paid. If sufficient proof is not furnished, the Director, or his designee, shall collect an additional or full amount to equal the Oglala Sioux tribe's rate of tax.
2-5 . EXCEPTIONS FROM DEFINITIONS OFMOTOR CARRIER AND COMMERCIAL VEHICLE
The following do not come within the definition of "motor carriers" or "commercial vehicles"
(1) Any private vehicle or combination of vehicles used for
(a) Personal
purposes and not operated for private business use;
(b) Recreational purpose and not operated for private business use;
or
(c) Private business use to carry property of 500 pounds or less.
(2) A motor vehicle chassis on which is mounted a cornsheller, feed grinder, grain and alfalfa feed mixing machine, hay stack mover, sawmill, well drilling equipment, power shovel, ditchdigger, mobile crane, bulldozer, posthole auger, and which is not used for demonstration or display purposes, or a truck tractor and trailer carrying permanently mounted blowing equipment used solely for the purpose of covering flax strawstacks but shall licensed as stated in Section 8-11. CR Sect. 8-11.
(3) A motor vehicle operated by and for its owner exclusively used to transport raw materials between storage locations thereof, when such equipment, processed materials are actually owned by the owner of such motor vehicle .
(4) Any commercial vehicle used for the application, distribution, spraying or transportation from retail business to user of dry, liquid or anhydrous fertilizers or agricultural chemicals but shall be licensed as stated in Section 8-12. CR Sect. 8-12.
(5) A motor vehicle operated by and for the owner to transport equipment used exclusively for cutting or removing weeds and other vegetation from stock dams, lakes and other waters.
(6) A motor vehicle owned by a farmer and used by or for the farmer to transport property for his farming operation, to transport farm property from farm to farm or from a community or market to his farm or from his farm to a community or market.
( 7 ) A motor vehicle operated by or for its owner and exclusively used to transport products originating in or produced from logging or mining operations when such products are produced or owned by such motor vehicle owner.
(8) A motor vehicle used principally for providing prearranged transportation of persons to or from their place of employment and is operated by a person who does not drive the vehicle for his principal occupation, but is driving it only to or from his principal place of employment or for personal use as permitted by the owner of the vehicle.
(9) A school bus owned by a school, when rented by, or its use has been granted to a nonprofit club, group, organization, fraternal society, association or corporation.
CR sects. 8-11, 8-12.
SECTION 3 VEHICLE REGISTRATION
3-1. VEHICLE REGISTRATION
Registration applications shall be made available by the Director of the Oglala Sioux tribe's Department of Transportation and shall contain:
(1) Owner's name and current address;
(2) The name, make, and model of such vehicle;
(3) The body type;
(4) The serial number of such vehicle;
(5) The manufacturer's weight;
(6) In case of trucks, truck tractors, road tractors, trailers, and semitrailers, the actual chassis weight;
(7) Title of fuel used;
(8) Year such vehicle was made;
(9) Number of doors. CR Sect . 3-5, 10-10.
3-2. TRIBAL MEMBER'S VEHICLE REGISTRATION
Every resident member of the Oglala Sioux tribe that is the owner of a motor vehicle, motorcycle, truck tractor, road tractor, trailer, semitrailer, recreational vehicle, or commercial vehicle which shall be operated or driven upon the public highways of the Pine Ridge Indian Reservation, shall, except as otherwise expressly provided, cause to be application for the registration of said vehicle on a blank which shall be provided by the Oglala Sioux tribe's Department of Transportation.
3-3. NON-MEMBER OR NON-INDIAN RESIDENT'S VEHICLE REGISTRATION
SEE: This section superseded by Ordinance 86-03.
3-4. RIGHTS OF SOVEREIGNTY
SEE: This section superseded by Ordinance 86-03.
3-5. APPLICATION PROCEDURES - VIOLATION
The Director, upon receipt of any application under Section 3- 1. of this ordinance, shall register the vehicle. Upon payment of the fee prescribed by law for the registration of the vehicle as described in the application, the Director shall issue his registration receipt. The registration receipt shall definitely identify the vehicle registered, and shall indicate the type of fuel used by the vehicle. The registration receipt shall assign to the vehicle a distinctive number which shall appear on the application as well as the registration receipt. The applicant shall indicate the fuel type used in his vehicle, if required, as one of the following: gasoline only, diesel, liquefied petroleum gas, or other. The Director shall reject any application which does not specify the type of fuel used. Any applicant, upon conviction, shall be punished by a fine not to exceed $100.00 including all costs to the court, or 5 days imprisonment; or at the discretion of the court to all such fine, court cost, and imprisonment. CR Sect. 3-1, 4-16.
3-6. APPLICATION IN RECORD BOOK - INSPECTION OF RECORD BOOK
On receipt of any such qualifying and approve application, the Director shall file the same in his office and register such vehicle in a record book to be kept for that purpose. The record book shall show all the facts stated in such application and shall be open to public inspection during customary business hours.
3-7. FORWARDING COPIES OF REGISTRATIONS TO PUBLIC SAFETY DEPARTMENT
The Director at the close of each day during which his office has been open to the public shall cause to be delivered to the Public Safety Department a copy of the applications received and registered by him said day.
3-8. REGISTRATION RECEIPT - CONTEST - SIGNATURE - NUMBER
The Department of Transportation shall furnish with each number plate for motorcycles and with each pair of number plates or number stickers for noncommercial vehicles, trailers or semitrailers, a receipt of registration which shall contain upon the face thereof the following data: the name of the registered owner of the motor vehicle, motorcycle, trailer or semitrailer, the owner's post office address, the make of the vehicle, the year of model, the model or letter designated by the manufacturer, manufacturer's serial number, of any, the registration. Such receipt of registration shall contain a blank space for the signature of the registered owner and shall be signed with ink by such owner immediately upon receipt. Such receipt of registration shall contain the registration number denoted on the number plate or plates in connection with which such receipt of registration is issued.
3-9. INSPECTION OF REGISTRATION RECEIPT
The receipt of registration referred to in Section 3-8 shall be subject to inspection by any peace officer at any time. Said receipt of registration shall at all times, while the motor vehicle, trailer, or semitrailer, for which issued is being operated within this reservation, be in the possession of the operator. CR Sect. 3-8.
3-10. POSSESSION OF REGISTRATION DOCUMENTS REQUIRED - VIOLATION
For any person operating a motor vehicle upon the highways of this reservation who does not have in his possession registration cards evidencing full and proper licensing of that particular vehicle in accordance with the provisions of this Ordinance, upon conviction of a violation of this section, punishment may be imposed in an amount not to exceed $100.00 fine or 5 days in jail including all costs to the court; or, at the discretion of .the Court, to all such fine, court costs, and imprisonment.
3-11. SEVERABILITY AND SAVING CLAUS
If any phrase, clause, subsection or section of this Ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction it shall be conclusively presumed that the Tribal Council would have enacted unconstitutional or invalid and the reminder of the Ordinance shall not be affected as a result of said part being held unconstitutional or invalid.
SECTION 4 FEES (Suspended)
4-1. REGISTRATION AND CERTIFICATION OF CORRECT WEIGHT
Subject to the provisions of this ordinance inclusive, fees shall be based, upon manufacturers' weights including accessories. Whenever the Department of Transportation shall determine the actual dry weight of any model vehicle with accessories to be at variance with the manufacturers' weight, the Department shall certify the correct weight to be used in determining fees . Such fees shall be paid to the Director as provided by Section 4 of this Ordinance. CR Sect. 5-8.
4-2. SCHEDULE OF FEES FOR NONCOMMERCIAL VEHICLES
License fees and compensation on noncommercial vehicles for use of the highways payable under Section 4-1 shall be determined by weight as follows:
1. 2000 pounds or less, inclusive, $18.00;
2. From 2001 to 4000 pounds, inclusive, $28.00;
3. From 4001 to 6000 pounds, inclusive, $38.00;
4. From 6001 to 7000 pounds, inclusive, $58.00;
5. From 7001 to 8000 pounds, inclusive, $78.00;
6. From 8001 to 9000 pounds, inclusive, $98.00;
7. From 9001 to 10, 000 pounds, inclusive, $118.00;
8 . From 10, 001 to 11, 000 pounds, inclusive, $138.00;
9. From 11, 001 to 12, 000 pounds, inclusive, $158.00;
10. From 12, 001 to 13, 000 pounds, inclusive, $178.00;
11. For each additional 1,000 pounds or major fraction, in excess of 13,000 pounds, $40.00. CR Sect. 5-8.
4-3. FEES AND COMPENSATION OF RECREATIONAL MOTORBUSES
License fees and compensation on recreational motorbuses shall be determined pursuant to Section 4-2. However, the maximum license fee and compensation for a recreational motorbus shall be $100.00. CR Sect. 5-8
4-4. SCHEDULE OF FEES FOR NONCOMMERCIAL TRAILERS
License fees and compensation for all noncommercial trailers and semitrailers for use of the highways payable under Section 4-1 shall be determined upon the basis of their actual weight as follows
1. 1,000 pounds or less, inclusive, $5.00;
2 . From 1001 to 2000 pounds, inclusive , $15 , 00;
3. From 2001 to 3000 pounds, inclusive, $25.00;
4. From 3001 to 4000 pounds, inclusive, $35.00;
5. From 4001 to 5000 pounds, inclusive, $45.00;
6. From 5001 to 6000 pounds, inclusive, $55.00;
7.From 6001 to 7000 pounds, inclusive, $65.00;
8. From 7001 to 8000 pounds, inclusive, $75.00;
9. From 8001 to 9000 pounds, inclusive, $85.00;
10. From 9001 to 10,000 pounds, inclusive, $95.00;
11. For each additional 1000 pounds or major fraction in excess of 10, 000 pounds, $10.00. CR Sect. 4-13, 5-8, 9-6.
4-5. SCHEDULE OF FEES FOR MOTORCYCLES
License fees and compensation for all motorcycles excluding mopeds for use of the highways payable under Section 4-1. shall be:
1. $7.50 for motorcycles with a piston displacement of less than 350 cubic centimeters;
2. $10.00 for motorcycles with a piston displacement of 350 cubic centimeters or more. CR Sect. 4-13. , 5-8.
4-6. MOBILE HOME LICENSE FEE
License fees for mobile homes for use on the public highways of this reservation shall be $10.00. There shall be paid to the Director upon application for the first, and or original registration of a mobile home on this reservation, a license fee at the rate of 3$ of the purchase price of such mobile home or the fair market value thereof, whichever is greater. The payment of such license fee shall be in full and in lieu of all occupational, sales, excise, privilege, and franchise taxes levied by this Tribe. CR Sect. 5-1.
4-7. FEE FOR THERETOFORE UNREGISTERED VEHICLE AFTER JULY FIRST
The fee for registering any theretofore unregistered motor vehicle registered on or after July first of any year shall be one-half of the amount prescribed in Section 4-2 to 4-6 inclusive, and as to such motor vehicle registered on or after October first of any year, one-fourth of such prescribed amount. CR Sects. 4-2, 4-3, 4-4, 4-5, 4-6, 5-8.
4-8. FEE FOR NONCOMMERCIAL VEHICLES MORE THAN 5-YEARS OLD
If any noncommercial motor vehicle, according to the manufacturer's model year designation is 5-years old, or more on January first of the year for which a license fee is required, such fee shall be 70$ of the ordinarily prescribed. CR Sect. 5-8.
4-9. ADDITIONAL LICENSE FEE IN LIEU OF SALES AND OTHER TAXES
In addition to any other license fees, registration fees, and compensation for the use of the highways, there shall be paid to the Director upon application for the first or original registration of a motor vehicle, an house car, house trailer, trailer coach or recreational vehicle, an additional license fee at the rate of 3$ of purchase price of such vehicle or the fair market value thereof, whichever is greater. CR Sect. 5-4.
4-10. GENERAL LICENSE FEES IN LIEU OF OTHER TAXES AGAINST VEHICLE
Except as otherwise specifically provided and except as to compensation for the use of the highways by motor carriers, and registry taxes collectible before issuance of certificates of title, the license fees imposed upon all the classes of vehicles shall be in lieu of all taxes to which such vehicle would otherwise be subject. CR Sect. 7-1.
4-11. CERTIFIED ABSTRACT OF REGISTRATION INFORMATION - FEE
The Department may upon written request and payment of a $2.00 fee furnish a person a certified abstract regarding registration information of any motor vehicle, trailer, or semitrailer registered under the provisions of this Ordinance. The fee shall be deposited in the Department of Transportation Fund.
4-12. LOST CERTIFICATE OF REGISTRATION - DUPLICATE - FEE
In the case of lost certificates of registration, the loss of which is accounted for to the satisfaction of the Department, duplicates may be issued. A fee of $2.00 shall be paid to the Department for each duplicate so issued. CR Sect. 5-8.
4-13. LOSS OF PLATES - DUPLICATE - AFFIDAVIT - FEE
In the
event of the loss, mutilation, of destruction of any plates issued under
this Ordinance, the owner of the registered vehicle may obtain from
the Department through the Director or his designee, an affidavit showing
such facts and upon payment of a fee of X5.00. Vehicles licensed pursuant
to Section 4-4 and 4-5 shall in lieu of the $5.00 fee pay a of $2.00.
All duplicated fees shall be deposited in the Department of Transportation
fund.
CR Sect. 4-4, 4-5.
4-14. 5-DAY TEMPORARY PERMIT FOR PURCHASER - FEE
The purchaser, other than a dealer, of any vehicle in possession of the title or notarized bill of sale may procure from the Director one 5-day permit. Such permit shall allow the movement of such vehicle upon the streets and highways of this reservation. The title or notarized bill of sale shall be available for inspection by any peace officer when such vehicle is being moved. The fee for such permit shall be $3.00 payable at the time of purchase to the Director or his designee. CR Sect. 5-8.
4-15. VEHICLES OWNED BY PUBLIC AGENCIES, OR CHURCHES -APPLICATION - FEES
Motor vehicles which are the property of this Tribe, of the United States, public school corporations, contract school corporations, church schools, or buses owned by churches, may be registered upon application in the manner provided for other motor vehicles and such application shall be made by the custodian of any such vehicle directly to the Department. No fees shall be charged for the registration of such vehicle, and number to it of the actual costs of such plates. CR Sect. 5-2.
4-16. MOTORCYCLE REGISTRATION
Applications for the registration of motorcycles shall be made to the Director in the manner provided in Section 3-5. upon special blanks to be furnished by the Director who shall register the same and assign their distinctive numbers and forward the number plates to the owners of such vehicles. CR Sect. 3-5.
4-17 VEHICLES OWNED BY NON-RESIDENTS EMPLOYED ON THE RESERVATION - VIOLATION
A fee of $20.00 per calendar year shall be paid to the Oglala Sioux tribe's Department of Transportation immediately upon beginning employment and upon submission of an employee-user application form to be provided by the Department, by non-residents employed on the reservation for their use of the highways and roads on the reservation. The form shall contain a provision whereby non-residents give their consent to both the criminal and civil jurisdiction of the Oglala Sioux Tribe regarding any matter relating to the administration, maintenance and public safety on the reservation roads and highways. After receipt of a completed form, the Department shall issue an employee-user sticker to be affixed to the left rear bumper of the motor vehicle in a conspicuous manner.
Such fees collected under this Section shall be deposited in the Highway and Bridge Fund. Failure to follow the provisions of this Section, upon conviction of such violation, punishment may be imposed in a fine not to exceed $100.00 as well as all costs to the court, or 5 days imprisonment; or at the discretion of the court, to all such fine, court costs, and imprisonment.
SECTION 5 DISPOSITION OF FEES
5-1. DISPOSITION OF MOBILE HOME LICENSE FEE
The license fee prescribed in Section 4-6 shall be deposited in the Department of Transportation fund. CR Sect. 4-6.
5-2. DISPOSITION OF FEES FROM PUBLIC AGENCIES OR CHURCHES
All payments collected under the provisions of Section 4-15 shall be deposited in the Department of Transportation fund and disbursements therefrom made by; the Director on forms duly approved by the Department. CR Sect. 4-15.
5-3. DELIVERY OF PLATES OR STICKERS - DISPOSITION OF FEES
On receipt of any application under Section 3-5, The Director, except as provided in this Ordinance, shall deliver to the owner without expense to the applicant, or upon request by the applicant and upon the payment by the applicant of a fee of $2.00 when number plates are required or $.50 when number stickers are required, shall forward by mail or express to the owner, two number plates or two number stickers, which plates or stickers shall bear the distinctive number contained in the application and receipt. All fees received by the Director for mailing or expressing of the plates or stickers shall be deposited by the Director in the Department of Transportation fund. CR Sect. 3-5, 7-8, 7-9, 7-10, 7-12.
5-4. DISPOSITION AND USE OF FEE IN LIEU OF SALES TAX
The license fees prescribed in Section 4-10. shall be credited to the Department of Transportation fund. CR Sect. 4-9.
5-5. ACCOUNT KEPT BY DEPARTMENT OF TRANSPORTATION - REPORTS TO THE TRIBAL TREASURER
The Department Of Transportation shall keep an accurate account of money received from any tax, license fee, or permit imposed under the provisions of this Ordinance. Quarterly reports of all fiscal accounts of the Department of Transportation shall be submitted to the Oglala Sioux Tribal Treasurer on the last working day of the months of March, June, September, and December.
5-6. DEPOSIT OF COMMERCIAL VEHICLE FEES
All revenue raised by Section 8-5. shall be placed in the Highway and Bridge fund. CR Sect.B-5.
5-7. DISPOSITION OF DUPLICATE COMMERCIAL STICKER FEE
All revenue raised by Section 8-6. shall be plated in the Department of Transportation fund. CR Sect. 8-6.
5-8. DISPOSITION OF NONCOMMERCIAL VEHICLE LICENSE FEES
Ninety per cent (90%) of all revenue collected by application of the provisions of Sections 4-1. through 4-4. shall be deposited to the Highway and Bridge fund. The remaining ten per cent (10%) of such revenue shall be credited to the Department of Transportation fund. CR Secs. 4-1, 4-2, 4-3, 4-4, 4-5, 4-5, 4-7, 4-8, 4-9, 4-12, 4-14, 4-15.
SECTION 6 REFUNDS
6-1. REFUND OF FEE ON LICENSE OF DESTROYED VEHICLE
When a registered and licensed vehicle is destroyed by collision or fire, or disposed of for salvage, the registered owner of the current license plates thereon may remove the license plates and forward them to the Department of Transportation to be destroyed and shall be entitled to a refund of the regular license be paid by the Director from the Department of Transportation funds.
6-2. REFUND OF OVERPAYMENTS
The Department of Transportation is hereby authorized to refund to the lawful owner of any motor vehicle from current collections of motor vehicle license fees for overpayments, past or future, paid by such owner for any license plate fees.
6-3. REFUND OF ADDITIONAL LICENSE FEE UPON RETAIL SALE TO NONRESIDENT.
Following a retail sale of a motor vehicle licensed pursuant to Sections 4-2 to 4-5 inclusive, an out-of-state resident who has not purchased the vehicle for the purpose of resale, the seller of the vehicle upon application to the Director shall receive a refund of the additional license fee provided in Section 4-10. The seller shall present the Director with a copy of the retail sale order, a receipt for the payment of the additional license fee, motor vehicle title, and an affidavit stating the documents are valid before the Director makes such refund . CR Sects. 4-2, 4-3, 4-4, 4-5, 4-10.
SECTION 7 - OTHER
7-1. USE OF DEALER'S GUIDE FOR USED MOTOR VEHICLES
On used motor vehicles, the Director shall, for the purpose of Section 4-10. use the most generally used and approved nationally recognized dealers guide by the Department. For those cases of vehicles not covered by the provided dealer guides, the Director will seek assistance from the Department of Public Safety pursuant to Section to Section 4-10. CR Sect. 4-10.
7-2. FIXING VALUE OF REBUILT OR FOREIGN VEHICLE.
The Department of Transportation may fix the value, carrying capacity and weight of any rebuilt or foreign vehicle or on any vehicle on which a record to the list price, carrying capacity or weight is not available.
7-3. VEHICLES OWNED BY NON-RESIDENTS.
The provisions of this Ordinance, except as otherwise specifically provided, relative to registration, payment of license fees, and display of registration numbers shall not be construed to apply t any motor vehicles owned by a nonresident of this reservation of the owner shall have complied with the provisions of the law of the state or country of which he is a resident, relative to the registration thereof and the display of a registration number plate or plates thereon, and shall conspicuously display his registration number plate or plates as required by the law of this reservation. CR Sect. 7-4.
7-4. RECIPROCITY REQUIRED.
The provisions of Section 7-3. as to the exemption from registration of any motor vehicle owned by a nonresident shall apply only to the extent that under the law of the state of his residence like exemptions and privileges are granted to motor vehicles, motorcycles, trailers, truck tractors, road tractors, and motorbuses duly registered under the laws and owned by residents of this reservation. CR Sect. 7-3.
7-5. TEMPORARY PERMIT FOR OCCASIONAL TRIPS FROM FOREIGN STATE.
Subject to the conditions hereinafter set forth, any owner of a motor vehicle residing in a foreign state who has fully complied with the laws of such state relative to registration of such motor vehicle, and has paid all taxes and registration fees of such foreign state may upon an application, be granted by the Department a temporary permit or license for a single or occasional trip from such state without the requirements of registration, payment for license fees as provided in this ordinance. CR Sect. 7-19.
7-6. NUMBER STICKERS IN LIEU OF PLATES.
In year during which number plates are not furnished, the Director shall furnish for each annual registration two identical number stickers to designate the year of registration. Each number stickers shall be valid only for the registration year for which it is issued and its display shall constitute evidence of current registration. CR Sect. 7-7.
7-7. COLOR OF NUMBER PLATES
The number plates authorized by Section 7-6 shall be red, dark blue, and white in color.
7-8. COLOR OF NUMBER STICKERS - CONTRAST WITH PLATES
The number stickers authorized by SECTION 5-3. shall be of distinctly different color each year of issuance and there shall be at times a marked contrast between the color of the number stickers and the background of the base plate. CR Sect. 5-3.
7-9. COMPOSITION OF NUMBER PLATES - SIZE OF FIGURES
The number plates authorized by Section 5-3. shall be of metal or other suitable material bearing the name of the Oglala Sioux Tribe either in full or a distinctive number for assignment to each vehicle. The distinctive number may be in figures or a combination of figures and letters and shall be of a size clearly distinguishable by law enforcement officers and individuals generally. CR Sect. 5-3.
7-10. COMPOSITION OF STICKERS.
The number stickers authorized by Section 5-3. shall be reflective, durable, and adhesive material bearing the abbreviated name of the Tribe, the number of the year, and identifying serial number. CR Sect. 5-3.
7-11. NUMBER OF PLATES ISSUED.
Two (2) number plates shall be issued, except that as to trailers, semitrailers, and recreational vehicles, one (1) such number plate shall be issued.
7-12. REFLECTORIZED PLATES AND BIDS.
To reduce highway accidents at night, all number plates authorized by Section 5-3. shall be reflectorized to an extent, under such method, and to a degree to be maintained all during the service life of the plates as determined by the Department of Transportation. In determined the quality of reflectorization and durability of any material proposed by bidders, the Department shall eliminate any bid or process not deemed feasible. CR Sect. 5-3.
7-13. DETERMINATION OF CHARACTERISTIC OF PLATES.
The number plates authorized by Section 7-6. shall be made according to the following description: the background shall be red; the outer edge of the plate will be dark blue; the letters will be white; the Oglala Sioux tribe's flag will be white with blue trim; the word's "Oglala Sioux Tribe" will be printed on the top one-fourth of the plate centered in the middle of the plate; the words Pine Ridge Indian County" shall be centered on the bottom on fourth of the plate; the numbers "19" shall be situated in the upper left corner; the year numbers will be situated in the upper right corner and recessed for placement of stickers in designated years; the Oglala Sioux Tribal flag shall be centered in the middle third, left side of the plate and shall be the same size as the four large numbers or letters covering the remainder of the plate.
7-14. OPERATION WITHOUT DISTINCTIVE NUMBER PROHIBITED
Except as otherwise specifically provided, no person shall operate or drive a motor vehicle on the roads or highways of this reservation unless such vehicle shall have a distinctive number assigned to it by the Department and two (2) number plates, bearing such number conspicuously displayed horizontally and in an upright position, one (1) on the front and one (1) on the rear of such vehicle, each securely fastened, and such plates shall on the rear of such vehicle, each securely fastened, and such plates shall at all times, as far as is reasonably possible, kept clear and free of mud, ice, or snow so as to be clearly visible. All number plates, markers, or stamps evidencing registration or licensing of any vehicle in this or any foreign state, territory, district, or possession, and any plate, marker or sticker used in substitution for or in lieu of the number plates required by this section by virtue of any law for any prior year or years shall be removed from such vehicles.
7-15. OPERATION OF VEHICLE WHILE REGISTRATION IS SUSPENDED - VIOLATION
Any person who operates any motor vehicle upon the highways of this reservation while the registration is suspended or revoked, upon conviction such violation, punishment may be imposed in a fine not to exceed $100.00 as well as all costs to the court, or 5 days imprisonment; or, at the discretion of the Court, to all such costs, and imprisonment .
7-16. PROSECUTION FOR ASSAULT, HOMICIDE, CIVIL ACTION NOT BARRED.
A conviction of a violation of any of the provisions of this Ordinance shall not be a bar to a prosecution for an assault or for a homicide or to a civil action for injury caused by any person in operating a motor vehicle.
7-17. TRAFFICKING IN LICENSE PLATES - VIOLATION
Any person, other than a public official designated by this Ordinance to do so, who buys, sells, or deals in the license plates provided by this Ordinance during the time such license plates are valid, or deals with license plates issued by a foreign state, or counterfeits any such number plate or substitutes any marker, upon conviction of such violation punishment may be imposed in a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the Court, to all such fine, court costs, and imprisonment.
7-18. AVOIDANCE OF REGISTRATION REQUIREMENTS - VIOLATION
Upon conviction of a violation of any of the registration requirements of this Ordinance, unless otherwise specifically stated, punishment may be imposed in a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or at the discretion of the Court, to all such fine, court costs, and imprisonment.
7-19. PROCEDURAL VIOLATION
Upon conviction of a violation of Section 7-5 punishment may be imposed in a fine not to exceed $10.00 or 1 day imprisonment; or at the discretion of the Court, to both such fine and imprisonment. CR Sect. 7-5.
7-20. SOUVENIR LICENSE PLATES
The Department of Transportation may promulgate rules to establish and market a souvenir license plate . The license plate shall be of a design that is clearly identified with the Oglala Sioux Tribe but is distinctive from license plates issued by the Department for general transportation purposes. The minimum fee for the license plate shall be ten dollars ($10.00). The license plate may not be used for other than souvenir purposes and in no event may be used on the public highways for general transportation purposes. Fees collected by the Director shall be transmitted daily and shall be credited to the Transportation Department fund.
7-21. APPLICATION FOR PERSONALIZED PLATES - FEES - SUPERIMPOSED OVER REGULAR PLATES - VALIDATED EACH YEAR WITH STICKERS - EFFECTIVE DATE.
Application for special personalized license plates shall be made to the Transportation Department on forms prescribed by the Director. The Director, or his/her designee, upon the receipt of a properly completed application form and the payment of a fee of fifty dollars ($50.00) shall proceed to order such special plates within five (5) days after receipt of such application and fee. Upon issuance of such personalized license plates, the owner shall superimpose the special plates directly over the regular plates assigned to the vehicle specified in such application . Personalized license plates shall be validated each year with distinctive stickers and are valid only for the registration year for which such stickers are issued. The fee for the issuance of the personalized license plate and adhesive stickers is ten dollars ($10.00). A personalized license metal plate and adhesive sticker combination sold the same year shall cost sixty dollars ($60.00). Every five years when a new edition of personalized plates is issued the fee for a set of personalized metal plates is fifty dollars ($50.00). The special personalized plates issued and current year stickers are not in lieu of regular plates or the applicable license fees prescribed in Section 4-8 and 10.
7-22. DISPOSITION OF FEE - EXPENSES OF SPECIAL PLATES NUMBER OF LETTERS - DUPLICATIONS AND OFFENSIVE COMBINATIONS
All fees received pursuant to Section 7-21 shall be deposited in a fund to be known as the license plate special revenue fund which is hereby appropriated for the purchase of special plates and the expenses of the office incident to the issuance thereof. No personalized license plate shall contain more than six letters nor less than two letters. There shall be no duplication of personalized license plates issued by the Transportation Director or his/her designee, and the Director may, in his discretion, refuse to issue any letter combination which carries connotations offensive to good taste and decency.
7-23. TRANSFER OF VEHICLE - REMOVAL OF PERSONALIZED PLATE REQUIRED UNTIL TRANSFER APPROVED BY DIRECTOR
If at any time a motor vehicle subject to the special personalized license plates shall be sold, conveyed or otherwise transferred by the person to whom such plates have been issued, the owner shall remove the personalized license plate and shall not attach the personalized plate to any other vehicle until such time as the transfer is approved by the Transportation Director as evidenced by a receipt completed and signed by the Transportation Director.
7-24. REPLACEMENT OF LOST, MUTILATED OR DESTROYED PERSONALIZED PLATES - AFFIDAVIT - FEE - DISPOSITION OF FEE
In the event of the loss, mutilation, or destruction of any special personalized license plates, the owner of the registered vehicle to which the special personalized license plates are assigned may obtain from the Transportation Department an affidavit showing such facts and upon the payment of a fee of twenty-five dollars, which fee shall be deposited in the license plate special revenue fund.
7-25. SPECIAL LICENSE FOR DISABLED PERSONS - DESIGN OF PLATES - FEE
Whenever any resident owner and/or operator of a motor vehicle, who has complied with all of the laws of this Tribe in obtaining license plates for such vehicle and who operates such vehicle shall prove to the satisfaction of the transportation Director that he is substantially physically disabled as not to be able to move about without great difficulty, the Director shall procure, issue and deliver to him, license plates bearing the international wheelchair symbol, (which symbol is a representation of a person seated in a wheelchair surrounded by a border six units by seven units high) and such other letters or numbers as the Transportation Director may prescribe. The plates shall be so designed as to readily apprise law enforcement officers and the motoring public that the operator is a disabled person. No charge in charge in addition to the registration fee shall be made for the issuance of such plates.
7-26. PLATES AS TRIBAL PROPERTY
All vehicle license plates issued by the Transportation Department shall continue to be the property of the Oglala Sioux Tribe from the period for which such plates are valid.
7-27. POWER TO IMPOUND VEHICLES AFTER 3 VIOLATIONS - RELEASE OF VEHICLE AND TOWING FEE- TIME LIMIT - VEHICLE SALE PROCEDURES -DISPOSITION OF FUNDS RECEIVED FROM SALE
Officers of the Oglala Sioux tribe's Public Safety Department are hereby authorized to impound any vehicle whose owner has been found in violation at least three (3) times of any of the provisions of the Oglala Sioux tribe's Vehicle Licensing, Titling, and Registration Ordinance. Impounded vehicles shall be held until such time as the violations are corrected and payment for all towing fees have been made to the Oglala Sioux tribe's Public Safety Department. After six (6). months from the date of impoundment, the Oglala Sioux tribe's Public Safety Department shall begin procedures for the auction sale of the vehicle, upon notice to be published in a newspaper of general circulation in the reservation not less than once a week for two consecutive weeks, and sired on the local radio station at least once a day for ten days. Such notice shall contain a description of the vehicle including the year manufactured, make, model, serial number, color, and the place, date, and time at which such vehicle will be sold, which date shall not be sooner than one week following the date of the last publication of notice. Such notice shall also be sent to the owner of the vehicle at his last known address by certified mail. After the costs of towing, storing, advertising and selling a vehicle are deducted, the balance of the sale price shall be held for the owner of such vehicle for a period of ninety (90) days. If such proceeds are not claimed at the expiration of ninety (90) days after sale, such proceeds shall be paid to the treasurer of the Oglala Sioux Tribe.
8-1. PURPOSE OF SPECIAL USE COMPENSATION
The business of operating as a motor carrier upon the highways of this reservation tends to subject said highways to unusual wear and impairs public, necessitating compensation to the Tribe for the maintenance, upkeep, and policing of the said highways to the end that said highways may be maintained in the best possible condition for the convenience and use of the general public. CR Sect. 8-21.
8-2. MOTOR CARRIERS MAKE UNUSUAL USE OF HIGHWAYS
Any person using the public highways of this reservation as a motor carrier shall be deemed to be making unusual use of said highways.
8-3. APPLICATION - CONTENTS OF APPLICATION
Any person or corporation desiring to operate a motor vehicle, trailer, semitrailer as a motor carrier of persons or property on the public highways of this reservation shall, before beginning such operations, cause to be presented to the Director of the Department of Transportation an application upon forms to be furnished whereby non- residents and non-members give their consent to both the criminal and civil jurisdiction of the Oglala Sioux Tribe regarding any matter relating to the administration, maintenance and public safety on reservation roads and highways. The application shall set forth the name of the manufacturer of such vehicle, the factory number, and engine number thereon, the model thereof, the desired gross weight classification or rated maximum seating capacity thereof, together with such other and additional information as the Department of Transportation may deem necessary. CR Sect. 8-4.
8-4 ISSUANCE OF RECEIPT FOR VEHICLE - DISTINCTIVE NUMBER - COMMERCIAL MOTOR VEHICLE CERTIFICATE - CONSPICUOUS AFFIXATION TO VEHICLE - COMMERCIAL VEHICLE STICKERS - AFFIXATION
On receipt of an application under Section 8-3 and payment of the commercial motor vehicle fee, required by this Ordinance and upon satisfactory evidence that the applicant has complied with all laws, rules, and regulations of this Tribe covering motor vehicles and motor carriers, the Director or his designee shall issue to the applicant a receipt which shall identify the motor vehicle, trailer, or semitrailer, and shall assign to it a number which shall be endorsed upon the application and receipt, and shall issue to the applicant a commercial motor vehicle certificate bearing such number. The certificate shall be placed and carried in the vehicle in a conspicuous place and be subject to examination upon demand by any officer of this reservation. The Director, or his designee, shall issue to the applicant two commercial motor vehicle stickers for each motor vehicle. the stickers shall be securely fastened to the front and rear end of each commercial motor vehicle in a conspicuous place. CR Sect. 8-3.
8-5 FEES APPLICABLE TO POWER UNIT OR TRACTOR ONLY INTERCHANGEABLE TRAILERS - IDENTIFICATION STICKERS REQUIRED - FEE - NEW STICKERS UPON TITLE TRANSFER - LATE FEE
All fees for a commercial vehicle shall be applicable to the power unit or tractor only. In the case of individual power units pulling interchangeable trailers or semitrailers the commercial motor vehicle shall be licensed according to the largest gross maximum weight the power unit will haul as stated in Section 8-10. Each trailer or semitrailer shall have an identification sticker displayed in a conspicuous manner as may be prescribed by the Department. The fee for identification stickers for each trailer is ten dollars ($10.00). The identification sticker when issued shall be valid for the useful life of the trailer or semitrailer, provided that when the title to the trailer or semitrailer is transferred the new owner shall within fifteen (15) days of the date of transfer make application to the Transportation Department for a new identification sticker. Late fees of one dollar ($1.00) per day shall be charged after the fifteen (15) day period, and shall not exceed twenty-five ($25.00). CR Sect. 8-10.
8-6 LOSS OR DESTRUCTION OF COMMERCIAL STICKER - DUPLICATE STICKER - FEE
Upon loss or destruction of any commercial motor vehicle sticker the Department of Transportation shall furnish to the carrier a duplicate sticker upon the payment of the sum of two dollars ($2.00) per sticker at the time of the application for the duplicate sticker.
8-7 FORWARDING COMMERCIAL VEHICLE APPLICATIONS TO THE PUBLIC SAFETY DEPARTMENT
The Director shall, at the close of each day during which his office has been open to the public, mail to the department of public safety the applications under this Ordinance received and registered by him during said day.
8-8 REGISTRATION OF MAXIMUM GROSS WEIGHT OF VEHICLE
Every person or corporation registering a motor vehicle, trailer, or semitrailer as a motor carrier of property on the public highways of this reservation shall declare the manufacturer's rated carrying capacity of said vehicle as the maximum gross weight of the vehicle.
8-9 OVERWEIGHT OPERATION PROHIBITED
No person shall operate a vehicle, trailer, or semitrailer as a commercial vehicle on the public highways of this reservation with a gross weight of more than the gross weight as stated on the registration application and for which such person has paid commercial motor vehicle fees and received a commercial motor vehicle certificate.
8-10 SCHEDULE OF COMMERCIAL MOTOR VEHICLES FEES PER GROSS POUNDS - OLDER VEHICLES
In consideration of the unusual use of the public highways, each person, except as otherwise provided in this Ordinance, desiring to operate a motor vehicle, trailer, or semitrailer, upon the public highways of this reservation as a motor carrier, shall annually pay the commercial motor vehicle fee to the Oglala Sioux tribe's Transportation Department as follows:
(1) Gross weight under 4000 pounds, $85.00
(2) Gross weight of 4001 to 6000 pounds, $100.00
(3) Gross weight of 6001 to 8000 pounds, $115.00
(4) Gross weight of 8001 to 10,000 pounds, $130.00
(5) Gross weight of 10,001 to 12,000 pounds, $150.00
(6) Gross weight of 12,001 to 14,000 pounds, $175.00
(7) Gross weight of 14,001 to 16,000 pounds, $200.00
(8) Gross weight of 16,001 to 18,000 pounds, $225.00
(9) Gross weight of 18,001 to 20,000 pounds, $250.00
(10) For each additional 2,000 pounds or major fraction thereof in excess of 20,000 pounds, $40.00
(11) For each vehicle or combination of vehicles with a gross weight in excess of 75,000 pounds, $10.00 in addition to the fee schedule above.
If any commercial motor vehicle, according to the manufacturer's model year designation, is five years old or more on January first of the year for which a license fee is required, that fee is ninety percent of the fee ordinarily prescribed. CR Sect. 8-5.
8-11 UNUSUAL VEHICLE SPECIAL USE COMPENSATION - FEE
The vehicles as specified in Section 2-5 (2) shall pay a $50.00 fee according to the provisions for Special Use Compensation as set forth in this Ordinance.
8-12 COMMERCIAL FERTILIZER VEHICLES - FEE
The vehicles as specified in Section 2-5 (4) shall pay a $35.00 license fee according to the provisions for Special Use Compensation as set forth in this Ordinance.
8-13 TIME FOR PAYMENT OF COMMERCIAL MOTOR VEHICLE FEE - TIME FOR DISPLAY OF STICKERS
Payment of the annual commercial motor vehicle fee shall be made before beginning such operation or annually between January first and January thirty-first of the year of its use and shall be displayed no later than January thirty-first.
8-14 DURATION OF COMMERCIAL STICKERS - PAYMENT FOR UNEXPIRED PORTION OF YEAR - PRORATION OF FEE BY MONTH
All commercial motor vehicle stickers and certificates shall be valid from the date of issue to the next thirty-first day of January following the date of issue. Commercial motor vehicle fees shall be paid on the basis of a calendar year, but when any certificate or sticker is issued after January first of any year, the commercial motor vehicle fee shall be paid only for the unexpired portion of the year. For each full month which is has passed before the license is purchased there shall be a one-twelfth reduction of the annual commercial motor vehicle fee.
8-15. DISCONTINUING USE OF VEHICLE AND RETURN OF STICKER - PORTION OF FEES REFUNDED
Every motor carrier desiring to discontinue using a vehicle as a commercial motor vehicle, may, on or before the termination of any year return his commercial motor vehicle sticker and certificates to the Transportation Department with his application for such discontinuance. Upon satisfactory evidence that such carrier will not further operate such vehicle as a commercial motor vehicle, the Director shall issue to the remaining months of that year less a five dollar administrative fee which shall be retained by the Transportation Department. The commercial motor vehicle stickers and certificates shall be in the possession of the Director on or before the fifth day of the month to receive credit for that month.
8-16. THIRTY-DAY PERMIT TO OPERATE AS COMMERCIAL MOTOR VEHICLE - FEE SCHEDULE - PROOF OF PREVIOUS REGISTRATION AS NON-COMMERCIAL VEHICLE.
The fee schedule for a thirty-day permit to operate as a commercial motor vehicle shall be:
(1) Gross
weight of 4,00 pounds or less, $2.50;
(2) Gross weight of 4001 to 6,000 pounds, $5.00;
(3) Gross weight of 6001 to 8,000 pounds, $7.50;
(4) Gross weight of 8001 to 10,000 pounds, $10.00;
(5) Gross weight of 10,001 to 12,000 pounds, $14.00;
(6) Gross weight of 12,001 to 14,000 pounds, $18.00;
(7) Gross weight of 14,001 to 16,000 pounds, $22.00;
(8) Gross weight of 16,001 to 18,000 pounds, $26.00;
(9) Gross weight of 18,001 to 20,000 pounds, $30.00;
(10) For each additional 2,00 pounds or major fraction thereof in excess
of 20,000 pounds, $7.00.
Proof of previous registration as a noncommercial motor vehicle shall be presented at the time of application for a thirty-day permit.
8-17. COMPLIANCE WITH ORDINANCE REQUIRED
Every person or corporation operating a motor vehicle, trailer, or semitrailer as a motor carrier on the highways of this reservation, whether engaged in business wholly in this reservation, or partly in this reservation and partly in an adjoining jurisdiction, shall comply with the provisions of this Ordinance. CR Sect. 8-21.
8-18. VIOLATION OF SPECIAL USE COMPENSATION REQUIREMENTS -REVOCATION OR CANCELLATION OF CERTIFICATE
Upon conviction of a violation of Section 8, Special Use Compensation, punishment may be imposed in a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the Court, to all such fine, court costs, and imprisonment. In addition, the Department of Transportation may, upon notice and hearing being given, revoke and cancel the commercial motor vehicle certificate which belongs to a person who violates this Ordinance.
8-19. FAILURE TO SURRENDER SUSPENDED, REVOKE OR CANCELLED STICKER OR CERTIFICATE - OFFENSE - ASSISTANCE BY PEACE OFFICER
Any carrier who fails or refuses to surrender to the Department of Public Safety upon its lawful demand any commercial motor vehicle license plate, sticker, or certificate which has been suspended revoked, or cancelled and such revocation, suspension, or cancellation has been forwarded to the Department of Public Safety by the Department of Transportation, shall be punishable by a fine not to exceed $100.00 including all costs to the court, or 5 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment. If any person shall fail to return the commercial motor vehicle certificate or license to the Department of Public Safety after lawful demand, the Director shall forthwith direct any peace officer to secure possession thereof and return it to the Department of Transportation.
8-20. OVERWEIGHT OPERATION OF VEHICLE PROHIBITED
Any motor carrier who shall operate upon the public highway any motor vehicle the weight of which together with its load shall exceed the gross weight of .such vehicle specified in his application and authorized in the commercial motor vehicle certificate, shall be required to adjust the load until it meets the specified weight by loading the excess amount of the load on another carrier, or storing such excess load on private property until such time as it may be .lawfully moved. Such motor carrier shall not be allowed to operate on the public highways of this reservation with a load exceeding the gross weight as authorized in his commercial motor vehicle certificate. CR Sect. 8-21.
8-21. FEE AWARD AS PART OF CRIMINAL CONVICTION FOR OVERWEIGHT OPERATION - NONPAYMENT PUNISHABLE BY CONTEMPT
The obligation to pay commercial motor vehicle fees under Sections 8-1, 8-2, 8-7, 8-20, 8-25, and 8-26 shall be calculated and incorporated in the judgement of any court wherein a motor carrier has been convicted of any offense involving the overweight operation of any motor vehicle upon the highways of this reservation and failure to obtain the compensation and present the court with a receipt indicating payment within a time specified by the court shall be punishable by contempt proceedings. CR Sect. 8-1, 8-2, 8-17, 8-20, 8-25, and 8-26.
8-22. RULES ON HAZARDOUS MATERIALS
The rules promulgated under this section are the minimum standards for transporting, packaging and labeling hazardous materials.
(1) Transportation loading and unloading of hazardous materials shall be consistent with the requirements in the Code of Federal Regulations, Chapter 49, Part 177, as published on October 1, 1979;
(2) Packing, repacking and container specifications for hazardous materials shall be consistent with the requirements in the Code of Federal Regulations, Chapter 49, Part 173, as published on October 1, 1979; and
(3) Marking, labeling, place carding and the necessary shipping papers for hazardous materials shall be consistent with the requirements in the Code of Federal Regulations, Chapter 49, Part 172, as published October 1, 1979.
CR Sect. 8-23; Code of Fed. Reg., Chapter 49, Parts 172, 173, 177, Oct. 1979.
8-23. REVIEW OF HAZARDOUS MATERIALS RULES
The Director shall annually review the rules for the transportation of hazardous materials contained in the Code of Federal Regulations to determine if the rules promulgated pursuant to Section 8-22. should be amended. CR Sect. 8-22.
8-24. NOTICE TO ALL COMMERCIAL VEHICLE OPERATORS - JURISDICTION
Public notices shall be posted in legible print pursuant to highway safety regulations regarding highway signs, at all entrances to the Pine Ridge Indian Reservation informing the operators and owners of all types of commercial motor vehicles that upon entering the jurisdiction of the Pine Ridge Reservation they have given their implied consent to comply with the Oglala Sioux tribe's jurisdictional requirements regarding the operation of commercial motor vehicles on the Pine Ridge Reservation.
8-25. FEE FOR PASSENGER BUSES - DISPOSITION
There shall be paid as the annual license fee for any vehicle used as a motorbus in the transportation of persons for hire over the highways of this reservation with a seating capacity of more than seven passengers, a fee based on the commercial vehicle fee schedule, Section 8-10, and the gross maximum weight shall be the unladen weight of the vehicle plus an additional two hundred pounds per passenger seating capacity. Whenever a satisfactory showing is made to the Department that such bus operation is seasonal, requiring the use of equipment for less than six months of any year, and notice of such seasonal use is given to the Department when the original license is purchased, the license fee shall be one-half of the annual fee, and the license plate shall be returned by the owner of such vehicle to the Department at the end of such season. All fees collected from the provisions of this Section shall be credited to the Highway and Bridge fund. CR Sects. 8-10, 8-21.
8-26. FEE REQUIRED OF NON-RESIDENT HARVEST VEHICLES
Any motor vehicle or trailer owned and operated by a nonresident engaged in the harvest of agricultural products from July 1 through November 15 of any one year may be operated upon the highways and roads of this reservation upon payment of a $75.00 fee. Payment of such fee shall be evidenced by a sticker to be provided by the Department of Transportation affixed in a conspicuous place on such vehicle as the Department may require. All such fees so collected shall be deposited in the Highway and Bridge fund. CR Sect.8-21.
SECTION 9 TITLE REGISTRATION, LIENS, AND TRANSFERS
9-1. APPLICABILITY
The provisions of this Section shall apply to all motor vehicles, trailers, and semitrailers required to be registered under the laws of the Oglala Sioux Tribe except as otherwise provided by law.
MOTORCYCLES SUBJECT TO TITLE REQUIREMENTS
All motorcycles, as defined by Section 1-4. shall be titles and have a certificate of title issued by the Department of Transportation. CR Sects. 1-4, 9-10.
9-3. MOPEDS EXEMPT
Mopeds as defined in Section 1-4. shall be exempt from the provisions of this Ordinance. CR Sect. 1-4.
9-4. FARM VEHICLES EXEMPT
A farm wagon, farm implement drawn by another vehicle or farm vehicle which is .designed and used ;primarily for tillage, harvesting, or transportation of agricultural products or farm property by or for agricultural producers is exempt from the provisions of this Section unless the farm vehicle is a stock trailer, gooseneck trailer or semitrailer towed by a licensed motor vehicle on any public highway.
9-5. SELLING NEW VEHICLE WITHOUT DELIVERING MANUFACTURER'S CERTIFICATE - PURCHASING NEW VEHICLE WITHOUT OBTAINING CERTIFICATE - VIOLATION
No manufacturer, importer, dealer, or other person shall sell or otherwise dispose of a new motor vehicle trailer and semitrailer to a dealer without delivering to such dealer a manufacturer's or importer's certificate duly executed in accordance with the provisions of Section 9 and with such assignments as may be necessary to show title in the purchaser; nor shall any such dealer purchase or acquire a new motor vehicle, trailer or semitrailer without obtaining from the seller such manufacturer's or importer's certificate. Upon conviction of a violation of this section, punishment may be imposed in a fine not to exceed $100.00 including all costs to the court, or 5 days imprisonment; or at the discretion of the court, to all such fine, court costs and imprisonment.
9-6. INITIAL REGISTRATION AND TITLING OF MOBILE HOMES -COLLECTION OF FEE
All new mobile homes sold in this reservation shall, upon their sale by a license mobile home dealer, be initially registered and titled pursuant to this Section, and the initial registration fee provided in Section 4-4. shall then be collected. Such licensed dealer shall cause to be delivered to the Director the manufacturer's statement of origin for such home, together with the required fees and completed forms necessary to accomplish the initial registration and issuance of a title for each mobile home sold. CR sect. 4-4.
9-7. ELIGIBILITY FOR INITIAL REGISTRATION
No motor vehicle, trailer or semitrailer shall be eligible for initial registration in this reservation unless the provisions of Section 9 have been complied with in so far as said motor vehicle, trailer, or semitrailer is concerned, and certificate of title and license therefore shall be obtained at the time of such initial registration.
9-8. TRADE-IN FROM NON-RESIDENT
Upon showing by the affidavit of a licensed dealer, upon application directly to the Department of Transportation and payment of title fee and surrender of evidence of ownership, the Director may issue a certificate of title to a motor vehicle, trailer, or semitrailer which-is taken in on a trade from a non-resident by such dealer.
9-9. SALE WITHOUT DELIVERING CERTIFICATE OF TITLE - PURCHASE WITHOUT OBTAINING CERTIFICATE OF TITLE - TEMPORARY USE - TIME LIMIT
No person shall sell or otherwise dispose of a motor vehicle, trailer and semitrailer without delivering to the purchaser or thereof a certificate of title with such assignment thereon as may be necessary to show title in the purchaser not purchase or otherwise acquire or bring into this reservation a motor vehicle, trailer or semitrailer except for temporary use not to exceed a period of ninety days, unless he shall obtain a certificate of title for the same in his name in accordance without the provisions of this Ordinance.
9-10. TIME ALLOWED AFTER SALE FOR MOTORCYCLE TITLE APPLICATION
All applications for certificates of title under Section 9-2. shall be submitted by the dealer directly to the Department of Transportation within fifteen days of the date of sale of the motorcycle, subject to the Penalties of Section 9-30. for failure to comply herewith. CR Sect. 9-2, 9-30.
9-11. OWNERSHIP PASSING BY OPERATION OF LAW - BURDEN OF PROOF
When the ownership of any motor vehicle, trailer or semitrailer shall pass by operation of law, judicial sale, repossession or proceedings or in any matter not provided for in this Ordinance, the owner may upon furnishing satisfactory proof to the Department of Transportation of such ownership, procure a certificate of title to said motor vehicle trailer or semitrailer regardless of whether a certificate of title has ever been issued, the burden of such satisfactory proof being on the applicant.
9-12. SALE OF SECONDHAND VEHICLE - VIOLATION - TIME FOR DELIVERY OF CERTIFICATE OF TITLE
Every person, firm, or corporation upon the sale and delivery of any used or secondhand motor vehicle, shall within fifteen days thereof deliver to the purchaser a certificate of title, endorsed according to law, issued for said vehicle. Upon conviction of such violation, punishment may be imposed in a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment. CR Sect. 9-13.
9-13. INTERIM TITLE RECEIPT - FORM
In any case where the dealer making a sale and delivery described in Section 9-12. has applied for the certificate of title, but the. certificate has not been returned to him, he may issue to the purchaser an "interim title receipt" in substantially the following form:
Interim Title Receipt
_______________________________
Place
________________________________
Date
An Oglala
Sioux Tribe certificate of title was applied for __________________________
on ________________ date for the motor vehicle described as follows:
Make ________________________________
Model ________________________________
No Doors
__________ Motor No. ________________________________
Serial No. _____________________________
Signed___________________________
Company
Per _______________________
The undersigned does hereby accept delivery of the above described vehicle subject to the following liens, contracts and encumbrances:
________________
____________________ ____________________________
Kind Amount Name
and Address of holder
________________
____________________ ____________________________
Kind Amount
Name and Address of holder
$________________________
_________________________________
Purchase Price Purchaser's signature
Such interim title receipt shall be prima facie evidence of its recitals for thirty days from its date. A violation of this section shall be punishable by a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the court, to all such fine, court costs and imprisonment. CR Sect. 9-12.
9-14. CERTIFICATE AS PASSING TITLE - WAIVER AND ESTOPPEL INAPPLICABLE
No person, except as provided in this Ordinance, obtaining or getting possession of a motorvehicle, trailer or semitrailer shall acquire any right, title claim, or interest in or to such motor vehicle, trailer, semitrailer, until he shall have had issued to him a certificate of title to such motor vehicle, trailer or semitrailer or delivered to him a manufacturer's or importer's certificate for the same; not shall any waiver or estoppel operate in favor of such motor vehicle, trailer or semitrailer.
9-15. CERTIFICATE AS EVIDENCE OF OWNERSHIP - POSSESSION BEFORE DELIVERY OF CERTIFICATE - RISK OF LOSS - INSURABLE INTEREST
A certificate of title issued under this Ordinance shall be evidence or indicia of ownership of the motor vehicle, trailer, or semitrailer therein described, provided that from time of delivery or possession of such a motor vehicle, trailer or semitrailer to a person acquiring same or any right of interest therein, shall have insurable interest in said motor vehicle, trailer or semitrailer and shall be entitle to enforce lawful contracts of insurance upon or affecting such motor vehicle, trailer or semitrailer or its maintenance, operation or use.
9-16. OPERATION OF VEHICLE WITHOUT CERTIFICATE - VIOLATION
An owner, or any person without the consent of the owner, who operates a motor vehicle in this reservation under a registration number of this reservation without first securing a certificate of title as provided in this Ordinance, shall, upon conviction of a violation of this Section, be punishable by a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the Court, to all such fine, court costs, and imprisonment.
9-17. SALE WITHOUT CERTIFICATE - VIOLATION
Any person who sells a motor vehicle without complying with the requirements of this Ordinance, unless otherwise specifically stated, upon conviction of such violation, punishment may be imposed in a fine not to exceed 4200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
9-18. FALSE STATEMENT IN APPLICATION - VIOLATION
Any person who knowingly makes any false statement of a material fact, either in his application for the certificate of title provided for in this Section or in any assignment thereof, upon conviction of such violation, punishment may be imposed in a fine not to exceed $500.00 including all costs to the court, or 180 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
9-19. ALTERATION OR FORGERY OF CERTIFICATE - KNOWING USE OF ALTERED OR FORGED CERTIFICATE - VIOLATION
Any person who shall alter or forge, or cause to be altered or to the provisions of this Ordinance or any assignment thereof, or who shall hold or use any such certificate or assignment knowing the same to have been altered or forged, upon conviction of such violation, punishment may be imposed in a fine not to exceed $500.00 as well as all costs to the court or 180 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
9-20. UNIFORM METHOD OF NUMBERING CERTIFICATES - PERIOD DURING WHICH RECORDS MUST BE KEPT
The Department of Transportation shall prescribe and adopt a uniform method of numbering certificates of title in such a manner that shall appropriately file and index all records, evidence, applications and certificates so that the same may readily be found and referred to but shall not be required to retain on file any certification covering any motor vehicle, trailer, or semitrailer, and referred to as the title number file, for a period longer than two calendar years after the close of the last calendar year in which such motor vehicle was last registered, and thereafter the same may be destroyed.
9-21. APPLICATION FOR CERTIFICATE - CONTENTS - FEE -ASSIGNMENT OF PREVIOUS CERTIFICATE
Application for a certificate of title shall be made to the Director, upon a form prescribed by him, containing a full description of the vehicle with motor and serial numbers, and a statement of applicant's title and all liens and encumbrances thereon, the District in which the vehicle is to be kept, the names and addresses of the holders of all liens, title reservations and encumbrances thereon, and any other information as the Director shall require. The application shall be accompanied by a fee of $3.00. Such fee shall be deposited to the Department of Transportation fund. If a certificate of title has previously been issued for the motor vehicle, trailer, or semitrailer in this reservation it shall be accompanied by the certificate of title duly assigned.
9-22. FALSE SWEARING IN CONNECTION WITH CERTIFICATES - PERJURY - PUNISHMENT
Any person who shall make any false affidavit, or shall knowingly swear and affirm falsely to any matter or thing required by the terms of this Ordinance to be sworn or affirmed to, shall be guilty of perjury and punishable by a fine and imprisonment as other persons committing perjury are punishable.
9-23. CHANGE OF SERIAL OR MOTOR NUMBER ON VEHICLE - NEW CERTIFICATE - CONTENTS OF NEW CERTIFICATE - DELIVERY TO LIEN HOLDER OR OWNER
When the motor or serial number of a motor vehicle, trailer or semitrailer shall be changed the owner shall within three days make application as provided in this Ordinance for a new certificate of title setting forth all additional pertinent facts and shall surrender the former certificate of title of such vehicle. The former numbers shall be shown on the new certificates of title in addition to the new numbers. Existing liens on the motor vehicle, trailer, or semitrailer shall continue and be shown thereon. The new certificates .of title shall be delivered to the first lien holder on surrender of the former certificate of title, or if there is no lien to the owner.
9-24. UNNUMBERED VEHICLES NOT SUBJECT TO REGISTRATION - REGISTRATION BY NUMBER OTHER THAN SERIAL NUMBER
The Department of Transportation shall not register or issue a license for the operation of any motor vehicle without a serial number, of motor vehicles by a number other than the serial number and when so registered, such number shall be deemed the serial number whenever the term serial number is used in this Ordinance.
9-25. ASSIGNMENT OF SERIAL NUMBER - DUTY OF OWNER TO ESTABLISH TITLE - REGISTRATION UNDER ASSIGNED NUMBER
The Department of Transportation shall assign a distinguishing serial number to any motor vehicle, trailer, or semitrailer whenever the serial number is illegible, destroyed, or obliterated, provided that it shall be the duty of the owner or owners of such a motor vehicle, trailer, or semitrailer to which such number is assigned by the Department of Transportation to have such number appropriately stenciled thereon with a steel punch. Any motor vehicle, trailer, or semitrailer to which such a distinguishing serial number is assigned as authorized hereunder shall be registered under such number when registration of the motor vehicle, trailer, or semitrailer is required under this Ordinance.
9-26. APPLICATION FOR ORIGINAL CERTLFICATE - CONTENTS - SUPPORTING DOCUMENTS.
If a certificate of title has not previously been issued for any motor vehicle, trailer, or semitrailer in this reservation, the application for a certificate of title, unless otherwise provided for in this Ordinance shall be accompanied by a manufacturer's or importer's certificate as provided for in this Ordinance or by a proper bill of sale or sworn statement of ownership required by the law of another jurisdiction from which such motor vehicle, trailer, or semitrailer was brought into this reservation.
9-27: BURDEN OF PROVING OWNERSHIP - ISSUANCE OF CERTIFICATE
The burden of proving his ownership and title shall be upon the applicant for a certificate .of title. If satisfied that the applicant is the owner of such motor vehicle, trailer, semitrailer and the application is in proper form, the Director or his designee shall issue a certificate of title over his signature and sealed with his seal but not otherwise.
9-28. SALE BY DEALER - CERTIFICATE IN NAME OF PURCHASER
In the case of the sale of a motor vehicle, trailer, semitrailer by a dealer, the certificate of title may be obtained in the name of the purchaser by the dealer upon application signed by the purchaser or his authorized agent. or attorney in fact. In all other cases such certificate shall be obtained by the purchaser.
9-29. TIME FOR FILING APPLICATION FOR CERTIFICATE - VEHICLES IN DEALER'S STOCK
In all cases of transfers of motor vehicles, trailers, or semitrailers, the application for certificate of title shall be filed within fifteen days after the delivery of such motor vehicles, trailers, or semitrailers, provided licensed dealers need not apply for certificates of title for motor vehicles, trailers, or semitrailers in stock or acquired for stock purposes, but upon transfer of the same they shall give the transferee a reassignment of the certificate of title on such motor vehicles, trailers, or semitrailers on an assignment of a manufacturer's or importer's certificate.
9-30. LATE APPLICATION FOR CERTIFICATE - ADDITIONAL FEE -MAXIMUM ADDITIONAL FEE - DISPOSITION
Except as provided in Section 9-29. where the application for a certificate of title is presented more than fifteen days after date of assignment of the certificate of title of the motor vehicle, trailer. or semitrailer to the purchaser, the officer receiving the application shall collect, in addition to the fee established in Section 9-21., a late fee of two dollars for each week or fraction thereof beyond the fifteen day limitation but in no case may the combined late fee exceed ten dollars. Such fee shall be credited to the Department of Transportation fund. CR Sects. 9-10., 9-21., 9-29.
9-31. ISSUANCE OF CERTIFICATE IN TRIPLICATE - DISPOSITION OF COPIES - NOTATION OF LIENS
The Director shall issue the certificate of title in triplicate. One copy shall be retained by him in his office and the other copy shall be transmitted, postage prepaid, on that day to the Tribal Secretary. The Director shall sign and affix his seal to the original certificate of title, and if there are no liens on said motor vehicle, trailer, or semitrailer, he shall properly note the same in the order of their priority on the certificate of title which shall be delivered or.mailed to the holder of the first lien on the day issuance.
9-32. LOST CERTIFICATES - FEE FOR DUPLICATE - DISPOSITION
In the case of lost certificates of title, duplicates may be issued if the loss is accounted for to the satisfaction of the Director. A fee of five dollars shall be paid to the Director for each duplicate issued. Such fee shall be credited to the Department of Transportation fund.
9-33. CERTIFICATE TO SHOW CLAIM OF TITLE
Except as provided in Section 9-37. every motor vehicle, trailer, or semitrailer certificate of title upon any transfer thereof shall contain a complete record showing the chain of title of the motor vehicle, trailer, or semitrailer therein described from the owner named therein to and including the applicant presenting the same as evidence of ownership and applying for a new certificate of title. CR Sect. 9-37.
9-34. ODOMETER INFORMATION TO BE INCLUDED ON CERTIFICATE
Each certificate of title issued by the Department for a vehicle equipped with an odometer shall contain odometer disclosure information.
9-35. CERTIFIED ABSTRACT OF TITLE HISTORY - FEE - DISPOSITION
The Department of Transportation may upon written request and payment of a five dollar fee furnish a person a certified abstract of the title history of any motor vehicle, trailer, or semitrailer registered under the provisions of this Ordinance. The abstract may include all documents filed with the Department to establish the title history of the vehicle. The fee shall be deposited in the Department of Transportation fund. Governmental entities and their subdivisions are exempt from this fee requirement.
9-36. DEALER PROHIBITED FROM TAKING CERTIFICATE WHICH DOES NOT~SHOW NAME OF VENDOR AND VENDEE - VIOLATION
Except as provided in Section 9-37, It shall be a violation to deliver or accept a transfer or assignment of a motor vehicle, trailer, or semitrailer certificate of title issued by the Oglala Sioux Tribe or a motor vehicle, trailer, or semitrailer certificate of title from another Jurisdiction which does not contain or set forth the name of the vendor and the name of the vendee involved in the transfer of such motor vehicle, trailer, or semitrailer. Upon conviction of such violation, punishment may be imposed in a fine not to exceed X200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment. CR Sect. 9-37.
9-37. DEALER'S ACCEPTANCE OF OUT-OF-JURISDICTION CERTIFICATES -TRADE-INS - POWER OF ATTORNEY
Notwithstanding Section 9-33., and 9-36., regularly licensed dealers of the Oglala Sioux Tribe may accept and transfer out-of-jurisdiction certificates or muniment of title for motor vehicles, trailers, or semitrailers taken as a trade-in on a new motor vehicle, trailer, semitrailer or on another used motor vehicle, trailer, or semitrailer if, they obtain from the transferred a written power of attorney authorizing them to complete such transfer or assignment and keep a record thereof. CR Sects. 9-33., 9-36.
9-38. MANUFACTURER'S OR IMPORTER'S CERTIFICATE PENDING ISSUANCE OF CERTIFICATE OF TITLE - PRIORITY OF LIENS
A manufacturer's or importer's certificate shall be deemed to be in possession of the contract or lien holder while being transmitted by Director showing his contract or lien. All contracts, liens, mortgages and encumbrances, noted on a certificate of title, shall take priority according to the order of time in which the same are noted thereon. CR Sect. 9-47.
9-39. ALL LIEN SPACES FILLED - ISSUANCE OF NEW CERTIFICATE
Whenever all spaces provided on the certificate of title for the notation of liens have been filled, before an additional lien can be noted said certificate to the Director who shall then issue to said owner a new certificate of title, noting thereon in order of priority all unreleased liens shown on the old certificates of title. CR Sect. 9-43., 9-47.
9-40. SALE OF ENCUMBERED VEHICLE WITH KNOWLEDGE OF LIEN HOLDER - EFFECT AGAINST SUBSEQUENT PURCHASERS
Exposure for sale of any motor vehicle, trailer or semitrailer by the owner thereof, with the knowledge and consent of the holder of any lien, mortgage, or encumbrance thereon shall not render the same void or ineffective as against subsequent purchasers or the creditors of such owner or the holders of subsequent liens, mortgage, or encumbrances upon such motor vehicle, trailer, or semitrailer. CR Sect. 9-47.
9-41. HOLDER OF SECURITY INTEREST ENTITLED TO HAVE NOTATION OF LIEN MADE BY DIRECTOR - NOTIFICATION TO DEPARTMENT OF TRANSPORTATION - NOTATION ON INSTRUMENT AND CERTIFICATE OF TITLE.
The holder of a chattel mortgage, trust receipt, conditional sales contract, mechanic's lien or similar instrument, upon presentation of such instrument to the Department of Transportation holding the duplicate certificate of title of the motor vehicle, trailer, or semitrailer, together with the certificate of title and the fee prescribed by this Ordinance may have a notation of such lien made on the face of such certificate of title. The Director shall enter said notation and the date thereof over the signature of such officer and the seal of office, and also note such lien and the date thereof on the duplicate of same on file, and on that day shall also indicate by appropriate notation and on such instrument itself the fact that such lien has been noted on the certificate of title. CR Sect. 9-47.
9-42. SECURITY INTERESTS NOTED ON CERTIFICATE VALID AGAINST CREDITORS OF MORTGAGOR, SUBSEQUENT PURCHASERS, AND EMCUMBRANCERS
Any mortgage, conveyance intended to operate as a mortgage, conditional sales contract, mechanic's lien, or similar instrument other than a financing statement covering a motor vehicle, trailer or semitrailer, if such instrument is accompanied by delivery of such manufacturer's or importer's certificate and followed by actual and continued possession of the same by the holder of said instrument, or in the case of the certificate of title, if a notation of same has been made by the Tribal Secretary or Director of Transportation on the face thereon, shall be valid as against the creditors of the mortgagor, whether armed with process or not, and subsequent purchasers, mortgagees and other lien holders or claimants, but otherwise shall not be valid against them. CR Sect. 9-47.
9-43. NOTICE TO FIRST LIEN HOLDER TO DELIVER CERTIFICATE FOR NOTATION OF NEW LIEN - LIABILITY TO JUNIOR LIEN HOLDER FOR REFUSAL TO DELIVER
The Director upon receipt of a lien or title instrument duly executed in the manner prescribed by law governing such instruments, together with the fee prescribed for notation thereof, shall notify the first lien holder to deliver to the Director, within fifteen days from the date of notice, the certificate of title to permit notation of such junior lien, and if necessary, the issuance of a new certificate of title provided in Section 9-39. After such notation of lien the director shall deliver the certificate of title to the first lien holder. The holder of a certificate of title who refuses to deliver a certificate of title to the Department of Transportation for the purpose of showing the junior lien on such certificate or title within fifteen days from the date when notified to do so by the Director shall be liable for damages to such junior lien holder for the amount of damages such junior lien holder suffered by reason of the holder of the certificate of title refusing to permit the showing of such lien on the said certificate of title. CR Sects. 9-39., 9- 40., 9-42., 9-43., 9-44., 9-45., 9-46., 9-47.
9-44. RELEASE NOTED NO DISCHARGE OF LIEN - NOTIFICATION TO TRIBAL SECRETARY - LIABILITY FOR FAILURE TO RELEASE - DELIVERY OF CERTIFICATE AFTER ENTRY OF DISCHARGE
When a lien is discharged, the holder thereof shall execute a release within twenty days after payment is received, such release to contain the certificate of title number, the amount of the lien and the date of the notation thereof, and shall deliver the release and certificate of title if held by him to the Department of Transportation's Director , who shall note the cancellation of said lien on the face of the Certificate of title and on duplicate of same on file in his office, and on the same day shall notify the Tribal Secretary who shall do likewise. For failure to comply with these provisions relating to release a lien holder shall be liable to the owner for all damages sustained by him. The Director shall then deliver the certificate of title to the then first lien holder, or, if there is not such person, to the owner, or as otherwise directed by the owner. CR Sect. 9-47.
9-45. FEES FOR NOTATION
The Director shall charge a fee of two dollars for each notation of any lien on a certificate of title and shall charge a fee of one dollar for each notation of the discharge of such lien, to be accounted for in the Department of Transportation funds. CR Sect. 9- 47.
9-46. ENFORCEMENT OF LIEN - FILING FOR RECORD NOT NECESSARY
Liens on motor vehicles, trailers or semitrailers as defined in Section 9-38. may be enforced or foreclosed in accordance with Sections 9-46.1. to 9-46.23. applicable to each kind of lien. Shall not be necessary that a lien by filed for record as a condition precedent to foreclosure if such lien has been duly noted on the certificate of the title of the motor vehicle, trailer or semitrailer. CR Sect. 9-47.
9-46.1. MECHANICS', LABORERS' AND MATERIALMEN'S LIEN ON PERSONAL PROPERTY - EXTENT OF LIEN - AGREED PRICE
Any person who, at the request or consent of the owner or person lawfully in possession, shall furnish any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, and preservation of any personal property shall have a lien thereon, dependent on possession, or notice as hereinafter provided of for his reasonable charge for any or all of the same furnished for said personal property, or if the same be furnished pursuant to an agreed price with the owner for the amount of said agreed price.
9-46.2. MECHANICS', LABORERS' AND MATERIALMEN'S LIENS ON PERSONAL PROPERTY - PRIORITY
Such lien on personal property shall be subject only to liens, mortgages, and conditional sales contracts properly filed on or before the time that the property comes into the possession of the lien claimant.
9-46.3. MECHANICS', LABORERS' AND MATERIALMEN'S LIENS NOT AFFECTED BY LOSS OF POSSESSION - NOTICE OF LIEN TO PRESERVE RIGHTS FILING WITH TRIBAL SECRETARY - EXCEPTIONS
Notwithstanding the voluntary surrender or other loss of possession of the property on which such lien is claimed, the person entitled thereto may preserve such lien, if at any time within one- hundred twenty days after such surrender or loss of possession he gives notice of his lien by proper filing thereof in the office of the Tribal Secretary, and such liens shall be valid against everyone except a purchaser or encumbrances in good faith, without notice, and for value whose rights were acquired prior to the filing such statement.
9-46.4. FEDERAL FILING REQUIREMENTS
If federal law or regulations promulgated thereunder require liens otherwise governed by this Ordinance to be filed in a place other than the Tribal Secretary, compliance with such filing requirements under federal law or regulations within the time required shall have the same effect as proper filing under Section 9-46.3.
9-46.5. FORECLOSURE OF MECHANICS' LABORERS' AND MATERIALMEN'S LIENS - ACTION OR ADVERTISEMENT
The lien may be foreclosed at any time after sixty days from the date of furnishing the last item. The foreclosure may be conducted according to the provisions of Section 9-46.6 to 9-46.23.
9-46.6. LIENS SUBJECT TO FORECLOSURE - JURISDICTION AND VENUE OF ACTION
An action to foreclose a lien on personal property may be maintained by any person having a lien thereon by common law, statute, or contract. The action may be maintained in the Oglala Sioux Tribal Court.
9-46.7. DESCRIPTION OF LIEN IN JUDGEMENT - DIRECTIONS FOR SALE OF PROPERTY
A judgement in favor of the plaintiff must specify the amount and nature of the lien and direct a sale of the property, or sufficient thereof if the same is divisible conveniently, to satisfy the judgement and costs. It shall direct sale by the Oglala Sioux Tribe Public Safety Department.
9-46.8. PROVISIONS IN JUDGEMENT FOR PAYMENT AND SAFEKEEPING OF SURPLUS
The judgement must also provide for the payment of any surplus to the owner of the property, or other person shown to be legally entitled thereto, and for the safekeeping of such surplus, until it is claimed by and paid to the person entitled thereto.
9-46.9. REMEDY CUMULATIVE AS TO OTHER REMEDIES
This remedy shall be cumulative to any other existing right or remedy to foreclose or enforce a lien on personal property.
9-46.10. Remedy
9-46.10. REMEDY AVAILABLE WHERE NO OTHER SUMMARY PROCEDURE PROVIDED
In all cases where no other procedure is provided for summary foreclosure of any personal property lien, or pledge, the same may be foreclosed as thereinafter provided in this Section.
9-46.11. PLEDGES FORECLOSED IN MANNER PRESCRIBED BY CONTRACT -SECTION APPLICABLE IF PROCEDURE NOT PRESCRIBED
Pledges may be foreclosed in the manner prescribed in the contract of pledge; or if no manner is prescribed, or the manner prescribed is insufficient, the provisions of Section 9-46.1. to 9-46.23., inclusive, so far as is consistent with the contract of pledge and the laws of this Tribe.
9-46.12. OWNER'S AFFIDAVIT OF DEFENSE TO SUMMARY FORECLOSURE - INJUNCTION REQUIRING FORECLOSURE BY ACTION - COSTS TAXED IF DEFENSE NOT ESTABLISHED
In all cases where foreclosure of any personal property lien except conditional sales contracts has been commences by summary proceedings, the property owner or any person claiming right of possession or any other encumbrancer, may at any time before the sale of the property under such summary proceedings present to the Tribal judge and file in the office of the clerk of courts, an affidavit stating that he has a defense to such foreclosure and desires to have the same conducted by court procedure. Thereupon the Tribal judge shall issue an injunction order directed to the lien holder and any agent conducting the proceeding, enjoining further summary procedure and requiring foreclosure of the lien in court. The order may be enforced the same as any other injunction of the court. If the defense shall not be established the costs incurred in the summary proceedings may be taxed as additional costs in the court proceeding against the party asserting the defense. Such tax shall not exceed $100.00.
9-46.13. AFFIDAVIT OF LIEN RECORDED IF LIEN NOT PREVIOUSLY RECORDED
If any lien or pledge sought to be foreclosed under this ordinance is not duly on file or of record in the office of the Tribal Secretary a sworn statement of the lien.
9-46.14. NOTICE OF SALE ISSUED - CONTENTS
The person desiring to foreclose such lien, shall issue a notice of sale, signed by himself, agent, or attorney, and stating:
(1) The names and addresses of the owner of the property and of all lien claimants, as shown by the files of the Tribal Secretary and also those otherwise known to the lien claimant;
(2) A description of the property sufficient for identification of it;
(3) The location of the property;
(4) Statement of the grounds on which the lien is claimed, and reference to its filing in the office of the Tribal Secretary;
(5) The nature of the default under which foreclosure is sought;
(6) The amount claimed to be due at the date of the notice; and
(7) The time and place of sale.
9-46.15. SERVICE OF NOTICE OF SALE - MAILING PUBLICATION AND POSTING
Notice of the sale shall be given by mailing copies of the same to the property owner and all other lien claimants at their addresses as shown by the notice of sale and by publishing such notice for at least one issue in a legal newspaper published in the location nearest the place of sale, and by posting one copy of the notice on the bulletin board at the front door of the courthouse.
9-46.16. PLACE OF SALE - NOTICE OF PUBLIC ACCESS
Foreclosures under this ordinance may be held at any public place but in case of heavy or bulky articles or materials which cannot be conveniently or practicably moved, the sale may be held where they are located provided the public is afforded free right of access for inspection of the place, and reason for holding the sale there and of the public's right of access must be stated in the notice of sale.
9-46.17. TIME OF SALE - ADJOURNMENT TO FOLLOWING DAY
Any foreclosure sale under this Ordinance may be held on any day of the week except Sunday or other legal holiday and shall be held between the hours of ten o'clock in the forenoon and five o'clock in the afternoon, except that when a sale has been commenced and cannot be completed by five o'clock it may be continued for another hour on the same day and if not the completed, adjourned until ten o'clock on the following day and so continuing until completed.
9-46.18. SALE OF PROPERTY IN PARTS - ORDER OF SALE -TERMINATION WHEN SUFFICIENT AMOUNT RAISED
If the property is conveniently and practicably divisible, the owner or any other lien holder may require it to be sold in parts and direct the order of such sale. In such cases the owner shall have the preference right to direct the order of sale, and the other lien holders shall have such preference in order of their respective priorities, if those preceding shall have failed to exercise such right. If it is sold in parts, no more of the property shall be sold than is necessary to satisfy the lien and the costs and expenses of the proceeding.
9-46.19. SALE AT AUCTION TO HIGHEST BIDDER - PURCHASE BY LIEN HOLDER
The sale shall be made at public auction to the highest bidder for cash. The lien holder may bid and purchase and have the amount of his bid credited on his lien.
9-46.20. PURCHASER'S TITLE ABSOLUTE AND BEYOND REDEMPTION - CERTIFICATE OR BILL OF SALE - EVIDENCE SUFFICIENT FOR REGISTRATION OF TITLE
The title of a purchaser at any such sale shall be absolute an beyond redemption and it may be evidenced by a certificate or bill of sale from the party making the sale or from the report of sale shall be prima facie evidence of its contents. In the case of motor vehicles or other articles of which public registry of title is required by law, any such evidence of conveyance shall be sufficient to require registration of such vehicles or articles and for the issue of new title or other certificate accordingly.
9-46.21. SURPLUS PAID TO OWNER OR CLERK OF COURTS
I f there be any surplus it may be paid direct to the person entitled thereto and his receipt taken and filed with the report, or it may be paid into the office of the clerk of courts for the benefit of the persons entitled thereto and receipt of such clerk taken and filed with the report of the sale.
9-46.22. CIVIL ACTION FOR DEFICIENCY
If there be any deficiency, the lien claimant may recover therefore by action or otherwise as his right may appear.
9-46.23. REPORT OF PROCEEDINGS - CONTENTS AND TIME OF FILING
The lien holder, or his agent, or attorney, duly authorized shall make a sworn report of the proceedings showing:
(1) Proof by affidavits of giving notice of the sale as required by this ordinance including a copy of the notice;
(2) An account of the sale, showing the items sold, amounts bid and paid, and names and addresses of the purchasers;
(3) The amount due on the lien, together with the costs and disbursements of the sale and the surplus or deficiency remaining, if any. The report of the sale shall be filed in the office of the Tribal Secretary within five days after the sale.
9-47 CONSENT OF LIEN HOLDER REQUIRED FOR DISPOSAL OR REMOVAL OF ENCUMBERED VEHICLE - VIOLATION
When the ownership of a motor vehicle, trailer or semitrailer is subject to a chattel mortgage, conveyance intended to operate as a mortgage, trust receipt, conditional sales contract, mechanic's lien, or similar instrument, as provided in Sections 9-38 to 9-46, inclusive, it shall be unlawful, prior to the performance of the conditions contained in any of the above instruments and the discharge of the obligations imposed thereby, to intentionally or with intent to defraud, materially injure, destroy, conceal, sell, mortgage, or otherwise dispose of, or remove from the Pine Ridge Reservation, except temporarily in accordance with its usual and customary use, a motor vehicle, trailer or semitrailer subject to any of the then owner or holder of such chattel mortgage, conditional sales contract, mechanic's lien, trust receipt, or of any similar instrument, unless such instrument specifically waives such requirements of written notice as herein provided. Whoever shall violate this Section, upon conviction of such violation, punishment may be imposed in a fine not to exceed $500.00 as well as all costs to the court, or 180 days imprisonment; or, at the discretion of the Court, to all such fine, court costs, and imprisonment. CR Sects. 9-38, 9-39, 9-40, 9-41, 9-42, 9-43, 9-44, 9-45, 9-46.
9-48 POWER TO REVOKE OR REFUSE TO ISSUE CERTIFICATE -NOTIFICATION TO APPLICANT
If it shall appear at any time to the Director that an applicant for a certificate of title of a motor vehicle, trailer, or semitrailer is not entitled thereto, under the provisions of this Ordinance, he may refuse to issue such certificate or to register such vehicles, and may for a like reason, and after notice and hearing, revoke registration already acquired on any outstanding certificate of title. Said notice shall be serviced in person or by registered or certified mail.
9-49 CANCELLATION OF CERTIFICATE - NOTIFICATION TO TRIBAL SECRETARY - NOTIFICATION TO CERTIFICATE HOLDER - SURRENDER OF CERTIFICATE
Upon cancellation of any certificate of title, the Director shall notify the Tribal Secretary where the duplicate certificate of title of the vehicle, trailer, semitrailer is involved was kept, and the Tribal Secretary shall thereupon enter the cancellation in his records. The Director shall also notify the person to whom such certificate of title but the cancellation shall not affect the validity of any lien noted thereon. The holder of such certificate shall return same to the Director.
9-50 CANCELLATION OF RECEIPT OF REGISTRATION UPON CANCELLATION OF CERTIFICATE - RETURN OF RECEIPT AND LICENSE PLATES
If a receipt of registration has been issued to the holder of a certificate of title cancelled by the Director, the Director shall immediately cancel the registration and demand the return of such receipt of registration and the license plates or stickers issued therewith, and the holder of such receipt of registration or license plates or stickers shall return the same to the Director.
9-51 DISMANTLED OR DESTROYED VEHICLE - RETURN OF INDICIA OF TITLE TO DEPARTMENT OF TRANSPORTATION - CONSENT OF LIEN HOLDER -NOTATION ON CERTIFICATE - DESTRUCTION OF CERTIFICATES - RECORD OF LAST OWNER OF VEHICLE
When a vehicle is permanently dismantled or destroyed so that it can no longer be used on the public highways, or is sold by the owner, dealer or otherwise, for junk, the owner shall detach the registration plates and the metal identification plate bearing the motor vehicle serial number and forward same, along with the registration card and certificate of title, within ten days, to the Department of Transportation, and the Department shall cancel same on its records. If the title shows any lien, the lien holder's consent to such cancellation must be endorsed on the certificate of title. The certificate of title surrendered by the owner shall have noted thereon the purpose of cancellation and, in case of a transfer, the assignment on the reverse side shall be completed. The Department is hereby authorized to, and shall destroy such certificate of title and other records pertaining thereto, but shall keep an appropriate record of all such vehicles dismantled, destroyed, or junked and denoting the name and address of the last owner thereof, and such record .to be kept in a manner prescribed by the Director. CR Sect. 9-53.
9-52 SURRENDER OF INDICIA OF OWNERSHIP BY DEALERS, SALVAGE YARDS AND OTHERS
Employees of the Department of Transportation as authorized by the Director shall require the surrender, to such employees, of the plates and documents for such vehicles from dealers, salvage yard, and other similar establishments, when it is determined that such plates and documents have not been forwarded to the Department of Transportation as required herein.
9-53 RESTORATION OR REBUILDING OF DISMANTLED OR DESTROYED VEHICLE - NEW CERTIFICATE OF INSPECTION
When any dismantled, destroyed, or junked vehicle referred to in Section 9-51 is rebuilt and is to be restored to operation, the vehicle shall not be licensed for operation or a new certificate of title issued to the last owner thereof, according to the records of the Department, until there is submitted to the Department, along with proper affidavits and application for title and fees required, a certificate of inspection signed by an officer of the Department of Public Safety attesting to the vehicle's mechanical fitness and safety. Such certificate of inspection shall be of a form prescribed and furnished by the Department of Public Safety. CR Sect. 9-51.
9-54 DISPOSITION OF FEES COLLECTED PURSUANT TO SECTION 9
The fees collected under the provisions of Section 9 shall be credited to the Department of Transportation Fund unless otherwise so stipulated.
9-55 POWER OF DIRECTOR TO MAKE RULES AND REQUIRE UNIFORMITY IN ADMINISTRATION OF THE ORDINANCE
The Director of the Transportation Department may adopt rules and issue such instructions as may be necessary in the administration of the provisions of this Ordinance. Such rules may be adopted in the following areas:
(1) Application requirements for new vehicles, trailers, and semitrailers;
(2) Certificate of title for vehicles previously registered, time limits of making application, duplicate certificates, and transfer of certificate of title;
(3) Assignment of certificate of title;
(4) Correction of titles and procedure when there is a body type change;
(5) Lien recording, assignment of liens, execution of cancellation of liens and delivery of certificate of title;
(fi) Transfer of ownership;
(7) License plate issuance;
(8) Registration tax dealers guides for used vehicles or mobile homes, older motor vehicles and government vehicles, title and license requirements, nonresident reciprocity, manufacturer's price sticker, wrecked motor vehicles, leased vehicles, and homemade vehicles;
(9) Farm truck special licensing;
(10) Dealer's licenses and permits for motor vehicles, passenger vehicles, trailers and mobile homes and manufacturers or house trailers and coaches.
9-56 CHECK OF STOLEN AND RECOVERED MOTOR VEHICLE INDEX BEFORE ISSUING CERTIFICATE OF TITLE
Before issuing a certificate of title, the Director, or his designee, shall check the motor and serial number on the motor vehicle, trailer, or semitrailer to be registered against the "stolen and recovered motor vehicle index."
9-57 SPECIAL SEAL OF OFFICE
For the purpose of carrying out the provisions of this Ordinance the office of the Director of the Oglala Sioux tribe's Department of Transportation shall have power and is hereby authorized to adopt and use a special seal of office.
11-50 EXTENDED TERM OF LICENSE HELD BY MEMBER OF ARMED FORCES
A valid Oglala Sioux Tribe Driver's License held by any person who enters or is in the United States armed forces shall continue in full force and effect so long as the service continues and the person remains absent from this reservation not to exceed thirty days following the date on which the holder of such license is honorably separated from such service or returns to this reservation unless the license is sooner suspended, cancelled, or revoked for cause as provided by law.
11-51 RENEWAL OF LICENSE OF DEPENDENT OF MEMBER OF ARMED FORCES
A valid Oglala Sioux Tribe Driver's License held by a dependent of a member of the United States armed forces shall expire and may be renewed as provided in Section 11-46. However, such license may also be renewed during the renewal period by mail. To renew the license by mail, the dependent shall mail to the Department of Transportation an affidavit signed by the dependent which states that he is a dependent of a member of the United States Armed Forces and is of good health and an affidavit signed by a licensed optometrist or ophthalmologist which supplies proof that the dependent has adequate eyesight. CR Sect. 11-46.
11-52 CAUSE FOR SUSPENSION OR REVOCATION OF LICENSE - NOTICE AND EXAMINATION - FAILURE TO SUBMIT TO EXAMINATION - ISSUANCE OF RESTRICTED LICENSE
The Department of Transportation having good cause to believe that a licensed operator is incompetent or otherwise not qualified to be licensed, may upon written notice of at least five days tot he licensee require him to submit to an examination or interview. Upon the conclusion of such examination or interview the Department shall take action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under Sections 11-40 and 11-41. Refusal or neglect of the licensee to submit to such examination or interview shall be grounds for suspension or revocation of his license. CR Sect. 11-40, 11-41.
11-53 DURATION FOR WHICH LICENSE MAY BE SUSPENDED - EXCEPTIONS
The Department of Transportation shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year except as permitted in Section 11- 75 or the nonresident violator's compact. CR Sect. 11-75.
11-54 COMMENCEMENT OF PERIOD OF REVOCATION FOR DRIVING UNDER THE INFLUENCE - REINSTATEMENT APPLICATION AND FEE - INVESTIGATION - RESTRICTIONS IMPOSED BY COURT
Whenever a defendant is convicted for driving under the influence of alcohol or some other drug that impairs their ability to drive, the period of revocation shall commence on the date the license was surrendered to and received by the Department of Transportation. The surrender to the court at the time of conviction is considered a surrender to the Department. At the conclusion of the period of revocation ordered by the court, the defendant may submit an application for a license, accompanied by a fee of fifty dollars ($50.00) . The Department may issue a license to the defendant, if, after an investigation of the character, habits, and driving ability of the defendant, the Department is satisfied it is safe to grant the privilege of driving a motor vehicle to the defendant. A license issued under the provisions of this section shall show the restrictions, if any, imposed by the court and the date when the restrictions are to cease. CR Sect. 11-35.
11-55 SUSPENSION AFTER OPPORTUNITY FOR HEARING - GROUNDS - OLD OFFENSES NOT CONSIDERED - RULES
The Department of Transportation may suspend the license of an operator after opportunity for hearing upon a showing by its records or other sufficient evidence that the licensee
(1) Has been convicted for an offense for which mandatory revocation of license is required .
(2) Appears by the records of the Department to be an habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the Oglala Sioux tribe's traffic law. The Director shall implement the method of weighing traffic convictions provided in Section 11-56.
(3) Is physically or mentally incompetent to drive a motor vehicle;
(4) Has permitted an unlawful or fraudulent use of such license;
(5) Has committed an offense in another jurisdiction which if committed in this jurisdiction would be grounds for suspension or revocation;
(6) Has failed to pay a fine or comply with the terms of a citation issued by the Oglala Sioux Tribe;
(7) Has failed to pay a fine or comply with the terms of a citation issued by a jurisdiction covered by the nonresident violators compact. CR Sect. 11-11, 11- 56.
In determining whether a license should be suspended under this Section, the Department may not consider any offense which is more than four (4) years old. The Department may adopt rules in regard to the operation of driver license suspension to the following:
(1) Point accumulation;
(2) Physical or mental incompetence;
(3) Unlawful use of license;
(4) Out-of-jurisdiction convictions;
(5) Suspension.
11-56 POINT SYSTEM FOR OFFENSES - NUMBER OF POINTS CHARGED
The following is a listing of moving traffic offenses and the number of points assess for a conviction for each offense:
|
(1) Driving while intoxicated |
ten points |
|
(2) Reckless driving |
eight points |
|
(3) Eluding/attempting to elude a police officer |
six points |
|
(4) Drag racing |
six points |
|
(5) Failure to yield right-of-way |
four points |
|
(6) Improper passing |
four points |
|
(7) Driving on wrong side of roadway |
four points |
|
(8) Stop sign/light violation |
three points |
|
(9) Speeding |
|
|
(a) one to five mph over posted limit |
one point |
|
(b) six to ten mph over posted limit |
two points |
|
(c) In excess of ten mph over posted limit |
three points |
|
(10) Other moving offenses |
two points |
CR Sect. 11-49., 11-55., 11-57.
11-57. POINT ACCUMULATION SUBJECTING LICENSE TO SUSPENSION
Any motor vehicle operator is subject to driver's license suspension who, in accordance with the schedule provided in Section 11-56 has been convicted of traffic violations resulting in the accumulation of fifteen points within any twelve consecutive months, or twenty-two points within any twenty-four consecutive months. CR Sect. 11-56.
11-58 SUSPENSION OR REVOCATION OF NONRESIDENT DRIVING PRIVILEGES
The privilege of driving a motor vehicle on the highways of this reservation given to a nonresident under this Ordinance shall be subject to suspension or revocation by the Department of Transportation in like manner and for like cause as an operator's license issued under this Ordinance may be suspended or revoked .
11-59 MANDATORY REVOCATION OF LICENSE - GROUNDS FOR REVOCATION -CONVICTION OF SPECIFIC OFFENSES
The Department of Transportation shall revoke for one year the license or permit of any operator upon receiving a notice of an operator's conviction of any of the following offenses
(1) Manslaughter resulting from the operation of a motor vehicle;
(2) Any felony in the commission of which a motor vehicle was used;
(3) Failure to stop, render aid or identify himself as required under the laws of this reservation in the event of a motor vehicle accident resulting in the death or personal injury of another;
(4) Perjury or the making of a false affidavit or statement under oath to the Department under this Ordinance or under any other law relating to the ownership or operation of motor vehicles;
(5) Conviction, or forfeiture of bail not vacated; upon three charges of reckless driving committed within a period of twelve months .
11-60. MANDATORY REVOCATION OF LICENSE - CONVICTION OF DRIVING UNDER THE INFLUENCE
The Department of Transportation shall revoke the license or permit of any operator for not more than one year upon receiving notice of an operator's conviction of driving while under the influence of alcohol or any drug that may impair driving ability.
11-61. DEFINITION OF CONVICTION
For the purposes of this Ordinance the term "conviction" shall be deemed to include the judgement and sentence of the trial court, and shall be final unless reversed or set aside on appeal or judicial review. Also, for the purposes of this Ordinance a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction.
11-62. RECORD OF CONVICTION OR NONCOMPLIANCE WITH CITATION FORWARDED BY COURT TO DEPARTMENT OF TRANSPORTATION
Every court having jurisdiction over offenses committed under this Ordinance or any other laws of this Tribe regulating the operation of motor vehicles on highways, shall forward to the Department of Transportation within ten days a record of the conviction of a person in the court or a notice of the failure of a person to comply with the terms of a citation for a violation of any laws .
11-63. SURRENDER OF LICENSE TO COURT UPON CONVICTION - FORWARDING LICENSE TO DEPARTMENT OF TRANSPORTATION
Whenever any person is convicted of any offense for which this Ordinance makes mandatory the revocation of the operator's license of such person by the Department of Transportation, the court in which such conviction takes place shall require the surrender of all operator's licenses to the court then held by the person so convicted and the court shall thereupon forward the same together with a record of such conviction to the Department .
11-64. SUHPENSION OR REVOCATION FOR OUT-OF-JURISDICTION CONVICTION - GROUNDS
The Department of Transportation is authorized to suspend or revoke the license of any resident of this reservation or the privilege of a non-resident to drive a motor vehicle in this reservation upon receiving notice of the conviction of such person in another jurisdiction of an offense therein which if committed in this reservation would be grounds for the suspension or revocation of the license of an operator.
11-65 . ENTRY AND IMPLEMENTATION OF NONRESIDENT VIOLATORS COMPACT
The Director of the Department of Transportation may execute all documents and perform all other acts necessary to enter into and carry-out the provisions of the nonresident violators compact.
11-66: SURRENDER OF SUSPENDED OR REVOKED LICENSE TO DEPARTMENT
The Department of Transportation upon suspending or revoking a license shall require that the license be surrendered to and retained by the Department .
11-67. OPERATION OF VEHICLE UNDER LICENSE ISSUED IN OTHER JURISDICTION PROHIBITED DURING SUSPENSION OR REVOCATION
Any resident or nonresident whose operator's license or right or privilege to operate a motor vehicle in this reservation has been suspended or revoked as provided in this Ordinance shall not operate a motor vehicle in this reservation under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this Ordinance.
11-68. APPEAL FROM ORDER CANCELLING, SUSPENDING, OR REVOKING LICENSE - PROCEDURE
Any person denied a license or whose license has been cancelled, suspended, or revoked by the Department of Transportation except where such cancellation or revocation is mandatory under the provisions of this Ordinance shall have the right to file a petition within thirty days thereafter for a hearing in the matter in a court of record and such court is hereby vested with jurisdiction and it shall be its duty to set the matter for hearing within thirty days, written notice thereof to be given to the Department of Transportation at least ten days in advance of the hearing date, and thereupon to take testimony and examine into the facts of the case and to determine forthwith whether the petitioner is entitled to a license or is subject to suspension, cancellation, or revocation of license under the provisions of this Ordinance.
11-69. RECORDS KEPT BY DEPARTMENT OF TRANSPORTATION
The Department of Transportation shall file every application for a license received by it and shall maintain suitable indexes containing in alphabetical order:
(1) All applications denied and on each thereof note the reasons for such denial;
(2) All applications granted; and
(3) The name of every licensee whose license has been suspended or revoked by the Department and after each such name note the reasons for such action. CR Sect. 11-11.
11-70. INDIVIDUAL RECORDS OF ACCIDENT REPORTS AND CONVICTIONS -CONSIDERATION UPON APPLICATION FOR RENEWAL OF LICENSE - SPEEDING CONVICTIONS
The Department of Transportation shall also file all accident reports and abstracts of court records of convictions received by it under the laws of this Tribe and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the Department upon any application for renewal of a license. However a conviction for speeding which is ten miles per hour or less over the posted speed limit may not be entered on the individual's driving record but shall be recorded separately. The separate record may not be made available to the public.
11-71. RECORD OF-OUT-OF-JURISDICTION CONVICTIONS UPON APPLICATION BY NEW RESIDENT
Whenever application under this Ordinance is received from a person previously licensed in another jurisdiction, the Department of Transportation shall request a copy of the applicant's record from such other jurisdiction. When received, this record shall become a part of the applicant's record in this reservation with the same force and effect as though entered on the applicant's record in this jurisdiction in the original instance.
11-72. FORWARDING RECORD OF NONRESIDENT'S CONVICTIONS TO JURISDICTION OF RESIDENCE
The Department of Transportation is further authorized upon receiving a record of the conviction of this reservation of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this Tribe, to forward a certified copy of such record to the motor vehicle administrator in the jurisdiction wherein the person so convicted is a resident .
11-73. FORWARDING RECORD WITHOUT CHARGE
Whenever the Department of Transportation receives a request for an operator's record from another licensing jurisdiction the record shall be forwarded without charge.
11-74. DRIVING WHILE LICENSE IS CANCELLED, SUSPENDED, OR REVOKED -VIOLATION
It shall
be a violation for any person who drives a motor vehicle on any public
highway of this reservation at a time when his privilege to do so is
cancelled, suspended, or revoked. Upon conviction of such violation,
punishment may be imposed in a fine not to exceed $200.00 as well as
all costs to the court, or 25 days imprisonment; or, at the discretion
of the court, to all such fine, court costs, and imprisonment. CR Sect.
11-75.
11-75. EXTENSION OF PERIOD OF SUSPENSION FOR DRIVING WHILE LICENSE WAS REVOKED - ISSUANCE OF NEW LICENSE
The Department of Transportation upon receiving a record of the conviction of any person under Section 11-74, upon a charge of driving a vehicle while the license of such person was suspended shall extend the period of such suspension for an additional like period and if the conviction was upon a charge of driving while a license was revoked the Department shall not issue a new license for an additional period of one year from and after the. date such person would otherwise have been entitled to apply for a new license. CR Sect. 11-11., 11-53., 11-74.
11-76. POSSESSION OF REVOKED OR ALTERED LICENSE - VIOLATION
It is a violation for any person to display or cause or permit to be displayed or have in his possession any cancelled, revoked, suspended, fictitious or fraudulently altered operator's license. Upon conviction of such violation, punishment may be imposed in a fine not to exceed $100.00 as well as all costs to the court, or 10 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment .
11-77. FAILURE TO SURRENDER SUSPENDED, REVOKED OR CANCELLED OPERATOR'S LICENSE - VIOLATION
It is a violation for a person to fail or refuse to surrender to the Department of Transportation upon its lawful demand an operator's license which has been suspended, revoked, or cancelled. Upon conviction of such violation, punishment may be imposed in a fine not to exceed $100.00 as well as all costs to the court, or 10 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment. CR Sect. 11-78.
11-?8. FEE AND MILEAGE DUE OFFICER FOR SECURING POSSESSION -VIOLATION
If a person fails to return the license to the Department of Transportation after lawful demand as stated in Section 11-77. , the Director may direct any law enforcement officer to secure its possession and return it to the Department . The enforcement officer shall receive ten dollars and fifty cents and mileage, at a rate established by the Oglala Sioux tribe's Transportation Board to be paid by the person from whom the license was obtained. Failure to pay the fee and mileage is punishable by a fine not to exceed $100.00 as well as all costs to the court, or 10 days imprisonment; or, at the discretion of the court to all such fine, court costs, and imprisonment. CR Sect. 11-?7.
11-79. PERMITTING UNLAWFUL USE OF OPERATOR'S LICENSE - VIOLATION
It is a violation for any person to permit any unlawful use of an operator's license issued to him. Upon conviction of such violation, punishment may be imposed in a fine not to exceed $100.00 as well as all costs to the court, or 10 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
11-80. DISPLAYING ANOTHER'S LICENSE - VIOLATION
It is a violation for any person to display or represent as one's own any operator's license not issued to him. Upon conviction of such violation, punishment may be imposed in a fine to exceed $100.00 as well as all costs to the court, or 10 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
11-81. PERMITTING UNAUTHORIZED USE OF LICENSE BY ANOTHER -VIOLATION
It is a violation for any person to lend his operator's license to any other person or knowingly permit the use thereof by another. Upon conviction of such violation, punishment may be imposed in a fine not to exceed $100.00 as well as all costs to the court, or 10 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
11-82. ALLOWING UNAUTHORIZED PERSON TO USE VEHICLE
No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized under this Ordinance or in violation of any of the provisions of this Ordinance. Upon conviction of a violation of this section, punishment may be imposed in a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
11-83. PERMITTING UNAUTHORIZED MINOR TO USE VEHICLE
No person shall cause or knowingly permit his child or ward under the age of eighteen years to drive a motor vehicle upon any highway when such minor is not authorized under this Ordinance or in violation of any of the provisions of this Ordinance. Upon conviction of a violation of this section, punishment may be imposed in a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
11-84. UNAUTHORIZED USE OF VEHICLE UNDER RESTRICTED LICENSE -VIOLATION
It is a violation for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him. Upon conviction of such violation, punishment may be imposed in a fine not to exceed $200.00 as well as all costs to the court, or 25 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
11-85. FALSE REPRESENTATION OR NONDISCLOSURE TO OBTAIN LICENSE -VIOLATION
It is a violation for any person to make a false statement or representation, or knowingly fail to disclose a material fact, in order to obtain a driver's license. Each false statement or representation, or failure to disclose a material fact constitutes a separate offense. Upon conviction of such violation, punishment may be imposed in a fine not to exceed $100.00 as well as all costs to the court, or 10 days imprisonment; or, at the discretion of the court, to all such fine, court costs, and imprisonment.
SECTION 12 BICYCLES
12-1. Definition
Bicycle. The term "bicycle" shall mean every device having two (2) tandem wheels propelled by human power, upon which any person may ride.
12-2. Application of Ordinance
The provisions of this Ordinance shall apply whenever a bicycle is operated upon any street or highway or upon any path set aside for the exclusive use of bicycles, subject to any stated exceptions .
12-3. Registration; license tags
(a) Every bicycle owner shall list and register with the Transportation Department his name and address, and 'the serial number, make, style, general description, and register number of his bicycle. The Transportation Department shall provide suitable identification or license tags upon which shall be marked or stamped a distinguishing register number for each bicycle registered. The owner shall affix and keep affixed on the front of the bicycle the tag which shall be prominently displayed. The fee for such license tag shall be one dollar ($1.00) payable to the Transportation Department, who shall issue a receipt for the same at the time of the issuance of such tag. No written license certificate shall be issued. Upon change of ownership, such license tag must stay with the bicycle and be transferred to the new owner, who shall apply for such transfer within ten (10) days after change of ownership.
(b) For replacement of lost or missing license plates or tags, a new number shall be issued to the owner upon payment of a fee of fifty (50) cents to the Transportation Department and the original registration shall be deemed cancelled.
(c) No person shall ride or propel a bicycle on any street or on any public path set aside for the exclusive use of bicycles, unless such bicycle has been registered in accordance with this Section and the license tag is attached thereto as provided in this Section.
12-4. Inspection
The Transportation Department shall inspect each bicycle before the issuance of the license tag provided for this Ordinance and shall refuse to allow a tag to be issued for any bicycle found to be in unsafe mechanical condition.
12-5. Report of Transfer of Ownership generally
Every person who sells or transfers ownership of any bicycle shall report, within ten (10) days of the act of such sale or transfer to the Transportation Department the name and address of the person to whom such bicycle was sold or transferred .
12-6. Dealer's Report of Sales and Purchases
A person engaged in the business of buying or selling new or second hand bicycles shall make a monthly report to the Transportation Department giving the name and address of the person from or to whom each bicycle is purchased or sold, the description thereof, the frame number thereof, and the number of the license plate found thereon.
12-7. Record of Information received under Ordinance
The Public Safety Department shall provide and keep at Public Safety headquarters a suitable record in which shall be entered information as to bicycles received pursuant to this Ordinance. A copy of such information shall also be given to the Transportation Department for their records .
12-8. Disposition of Fees
All fees collected under Section 12 shall be deposited in a special youth fund under the Transportation Department for the use df Bike Safety programs .
12-9. Parents or Guardians not to Authorize or Permit Violations .
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this Ordinance.
12-10. Oglala Sioux Tribe Public Safety officers Authorized to enforce Sections 12-1. to 12-11.
Any officer of the Oglala Sioux tribe's Public Safety Department is hereby authorized to enforce any violations of Sections 12-1. to 12-11.
12-11. Penalty for Violation - Disposition Fine
Any child, parent, or guardian of any child who violates or permits to be violated, any provision of Section 12-1. to 12-10. inclusive, shall be guilty of an offense and shall be fined $30.00 plus all costs to the court upon conviction of such violation. All such fines shall be deposited in the Department of Transportation's Special Youth Fund for bicycle safety programs .
12-12. Title
The provisions of Section 12-1 through 12-12, inclusive, shall be know as the "Oglala Sioux tribe's Bicycle Ordinance" and may be so cited.
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