Chapter 7.05
CIVIL TRAFFIC INFRACTIONS – GENERALLY
Sections:
7.05.030 Means of exercising jurisdiction.
7.05.040 Explanation of privilege.
7.05.050 Officers to enforce traffic codes.
7.05.060 Definitions – Generally.
7.05.010 Purpose.
The General Council of the Confederated Tribes of the Chehalis Reservation adopts this title to promote the welfare and safety of all persons who use the roadways lying within the jurisdiction of the Chehalis Tribe and to provide for fair and efficient disposition of civil traffic infractions. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.1.010.]
7.05.020 Jurisdiction.
The Tribal Court is vested with the power to hear all matters under this title. The General Council of the Confederated Tribes of the Chehalis Reservation intends this title to apply to all persons who engage in conduct regulated by this title, within the jurisdiction of the Tribe. The operation of motor vehicles; travel by drivers, passengers, pedestrians, bicyclists, and users of off-road vehicles; vehicle safety equipment; and accident reporting are all activities which directly affect the safety, health, and welfare of the Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.1.020.]
7.05.030 Means of exercising jurisdiction.
In exercising jurisdiction over civil traffic infractions, if a process is not specified under this title, the Tribal Court may adopt any suitable process consistent with the purpose of this title and in harmony with the spirit of Chehalis Tribal law. [Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.1.030.]
7.05.040 Explanation of privilege.
The operation of a vehicle within the jurisdiction of the Confederated Tribes of the Chehalis Reservation is a privilege which may be granted, denied, suspended, or revoked by the Tribe. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.1.040.]
7.05.050 Officers to enforce traffic codes.
All law enforcement officers commissioned by the Chehalis Tribe or the United States Government shall have the authority to enforce the traffic codes of the Chehalis Tribe. Any law enforcement officer shall, upon request, produce evidence of his or her commission. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.1.050.]
7.05.060 Definitions – Generally.
Words in this title shall have the meaning given to them in this section unless the context clearly indicates another meaning. If the meaning of a word is not clear, the Court shall construe the meaning of the word in harmony with the purpose of this title.
“Authorized emergency vehicle” means any vehicle used by a fire department, law enforcement department, sheriff’s office, Washington State Patrol, or ambulance service.
“Crest of a grade” means the highest point on an ascending roadway.
“Driver” or “operator” means any person who is the operator of a vehicle or is in actual physical control of a vehicle.
“Driveway” means a way or passage used for travel of vehicles by persons possessing the right to occupy the place or passage but not by others.
“Law enforcement officer” means every person authorized by the Chehalis Tribe to serve as a law enforcement officer and officers commissioned by the United States.
“Laned road” means a roadway which is divided into clearly marked lanes for vehicular travel.
“Motor vehicle” means every vehicle which is self-propelled but not operated upon rails.
“Motorcycle” means every motor vehicle having a seat for the use of the rider and designed to travel on not more than three wheels in contact with the ground, excluding mopeds and farm vehicles.
“Off-road vehicle” means any motorized vehicle when used for recreational travel on trails or cross-country travel on land, snow, ice, marsh, swampland, or other natural terrain.
“Owner” means a person who has lawful right of possession of a vehicle, not merely permission to use the vehicle.
“Park” or “parking” means to stop and keep standing a vehicle for a time other than for the purpose of temporarily loading or unloading.
“Revoke” means invalidation of a person’s privilege to drive for a period of at least one year until reissue.
“Right-of-way” means the privilege of the immediate use of a roadway.
“Roadway” means a way or passage designed or ordinarily used for vehicular travel owned or maintained by the Tribe, a county, a city, the State of Washington, or the United States.
“Stand” or “standing” means the halting of a vehicle other than temporarily to load or unload.
“Stop” means to halt a vehicle even momentarily except when directed to do so by a traffic sign, direction of a law enforcement officer, or to avoid conflict with other traffic.
“Suspend” means invalidation of a person’s privilege to drive for less than one year until reinstatement.
“Traffic” means pedestrians, ridden or herded animals, and vehicular conveyances, either singly or together, while using a roadway for purposes of travel.
“Vehicle” means every mechanical device capable of being used for transportation or driven by a person upon a roadway, except vehicles moved by human or animal power.
“Vehicle right-of-way” means the right of one vehicle to proceed in a manner in preference to another vehicle. [Res. 2016-17; Res. 2011-020; Res. 2006-63; GC vote 3/7/1989. Prior code § 4.1.2.010.]