CHAPTER 17-2
DEFINITIONS
17-2-1 Definitions.
In this section, unless the context or subject matter otherwise requires:
(A) Actual Physical Control means possessing the present ability to operate any motor vehicle, notwithstanding the fact that such vehicle is not in motion, while under the influence of intoxicating alcohol or drugs.
(B) Authorized emergency vehicles shall include:
(1) vehicles owned or leased by the Prairie Band Potawatomi Nation or the United States Government, and used for law enforcement purposes,
(2) vehicles of a governmentally owned fire department,
(3) ambulances or
(4) vehicles clearly marked or designated for law enforcement purposes when operated by a recognized law enforcement officer, any municipal department, sheriff or deputy sheriff or state trooper.
(5) Only Tribal Police, Fire and Ambulance vehicle are authorized to display or operate Red and/or Blue emergency light and/or siren.
(C) Bus shall mean every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
(D) Business district shall mean the territory contiguous to a highway when fifty percent (50%) or more of the frontage thereon for a distance of three hundred (300) feet or more is occupied by buildings in use for business.
(E) Controlled-access highway shall mean every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
(F) Crosswalk shall mean that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs, or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
(G) Dealer shall mean every person, partnership or corporation engaged in the business of buying, selling or exchanging motor vehicles, or who advertises or holds himself or herself out to the public as engaged in the buying, selling or exchanging of motor vehicles, or who engages in the buying of motor vehicles for resale.
(H) Essential parts shall mean all integral and body parts of a vehicle of a type required to be registered hereunder, the removal, alteration or substitution of which would tend to conceal the identity of the vehicle or substantially alter its appearance, model, type or mode of operation.
(I) Farm tractor shall include every motor vehicle designed and used primarily as a farm implement for drawing plows, moving machines, and other implements of husbandry.
(J) Guest shall mean and include a person who accepts a ride in any vehicle without giving compensation therefore.
(K) Gross weight shall mean the weight of a vehicle without load plus the weight of any load thereon.
(L) Highway shall mean the entire width between the boundary lines of every way publicly maintained right of way when any part thereof is open to the use of the public for purposes of vehicular travel.
(M) Implement of husbandry shall mean every vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations or for lifting or carrying an implement of husbandry and in either case not subject to registration if used upon the highway.
(N) Intersection shall mean the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two (2) roadways, each roadway shall be regarded as a separate intersection.
(O) Intoxicating liquor shall mean and include any beverage containing alcohol and illegal or controlled substances.
(P) Judgment shall mean an adjudication which shall have become final by expiration without appeal of the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any Indian Nation or a state of the United States, upon a cause of action arising out of ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on agreement of settlement for such damages.
(Q) Legal owner shall mean a person who holds the legal title to a vehicle.
(R) Mail shall mean to deposit mail properly addressed and with postage prepaid with the United States postal service.
(S) Manufacturer shall mean any person engaged in the business of manufacturing motor vehicles or trailers.
(T) Metal tires shall include all tires the surface of which in contact with the highway is wholly or partly of metal or other hard non-resilient material except that this provision shall not apply to pneumatic tires.
(U) Motor vehicle shall include every vehicle which is self-propelled, but not operated upon rails.
(V) Motorcycle shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding implements of husbandry.
(W) Nonresident shall mean any person who is not a resident of the Prairie Band Potawatomi jurisdiction.
(X) Official traffic-control devices shall mean all signs, signals, markings, and devices not inconsistent with this title placed or erected by authority of the Prairie Band of Potawatomi Indian Nation or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.
(Y) Operator shall mean every person who drives or is in actual physical control of a motor vehicle upon a highway or who exercises control over or steers a vehicle being towed by a motor vehicle.
(Z) Owner shall mean a person who holds the legal title of a vehicle, or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.
(AA) Pedestrian shall mean any person on foot.
(AB) Park when prohibited shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
(AC) Person shall include every person, firm, partnership, association, or corporation.
(AD) Pneumatic tires shall include all tires inflated with compressed air.
(AE) Pole trailer shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(AF) Police officer shall mean every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations within the Prairie Band Potawatomi Tribe jurisdiction.
(AG) Private road or driveway shall mean every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
(AH) Railroad shall mean a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
(AI) Railroad sign or signal shall mean any sign, signal, or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
(AJ) Residence district shall mean territory contiguous to a highway not comprising a business district, when the frontage on such highway for a distance of three hundred (300) feet or more is occupied mainly by dwellings, or by dwellings and buildings in use for business.
(AK) Right of way shall mean the privilege for the immediate use of a roadway.
(AL) Road tractor shall mean every motor vehicle designed and used for drawing other vehicles 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.
(AM) Roadway shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways the term “roadway” as used herein shall refer to any such roadway separately, but not to all such roadways collectively.
(AN) Safety zone shall mean the area or space officially set aside within a highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set aside as a safety zone.
(AO) School bus shall mean every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school.
(AP) Semi-trailer shall include every vehicle of the trailer type so designed and used in conjunction with a motor vehicle so that some part of its own weight rests upon or is carried by a motor vehicle, except that it shall not include a “house trailer” or “mobile home.”
(AQ) Sidewalk shall mean that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
(AR) Solid tire shall include every tire made of rubber or other resilient material other than a pneumatic tire.
(AS) Specially constructed vehicle shall mean any vehicle under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction.
(AT) Stand or standing shall mean the halting of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
(AU) State shall mean a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada.
(AV) Stop when required shall mean complete cessation from movement.
(AW) Stop or stopping when prohibited shall mean any halting, even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
(AX) Street shall mean the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(AY) Through highway shall mean every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway and in obedience to either a stop sign or yield sign, when such signs are erected by law.
(AZ) Traffic shall mean pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purpose of travel.
(BA) Traffic-control signal shall mean any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
(BB) Trailer shall include every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle, except that it shall not include a “house trailer” or “mobile home,” which terms shall mean a vehicle as defined in this subsection which is designed and intended for use as living or sleeping quarters for people and which is not used for commercial hauling of passengers.
(BC) Truck shall include every motor vehicle designed, used or maintained primarily for transportation of property.
(BD) Truck tractor shall include 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.
(BE) Prairie Band Potawatomi jurisdiction shall mean all geographical areas within the territorial jurisdiction of the Prairie Band Potawatomi Nation, including, without limitation, all territory within the exterior boundaries of its reservation.
(BF) Urban district shall mean the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a quarter of a mile or more.
(BG) Vehicle shall include every device in, upon, or by which any person or property may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks.