STATE MOTOR VEHICLE LAWS INCORPORATED

3-3-1 Provisions Incorporated

The substantive provisions of the following parts of the Revised Code of Washington as presently constituted or hereafter amended are incorporated herein as provisions of this Code and shall apply to all persons subject to the jurisdiction of the Colville Tribal Court:

RCW Chapters 46.04, 46.37, 46.44, 46.48, 46.61, and RCW 46.20.343, 46.52.010, 46.52.020, 46.52.030, 46.52.035, 46.52.040

3-3-2 Amendments

Amendments, additions or deletions to or from such provisions by the State of Washington after the enactment of this Code shall become a part hereof for all purposes unless the Council by ordinance or resolution specifically provides otherwise.

3-3-3 Motor Vehicle Offenses

It is unlawful for any person to operate, drive or move a motor vehicle on the roads of the Colville Indian Reservation in violation of any of the requirements of Section 3-3-1 or to do any act forbidden or fail to perform any act required by Section 3-3-1.

3-3-4 Driving Without a Valid Driver's License

Any person, except those expressly exempted by statute, who shall drive any motor vehicle upon a public highway without a valid driver's license issued by the State of Washington under RCW Chapter 46.20 shall be guilty of Driving Without a Valid Driver's License.

3-3-5 Driving While License Suspended or Revoked

Any person who drives a motor vehicle on any public highway at a time when his privilege to do so is suspended or revoked shall be guilty of Driving While License Suspended or Revoked.

3-3-6 Negligent Driving

Any Indian who drives any vehicle in a negligent manner without due care and caution or in such a manner as to endanger or be likely to endanger any persons or property shall be guilty of negligent driving.

3-3-7 Negligent Driving Lesser Included Offense

The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in the offense of operating a vehicle in a reckless manner.

3-3-8 Definitions

As contained in the above-cited motor vehicle laws, "highways", "state highways" and "public highways" shall be construed to mean "all roads, public and private, within the jurisdiction of the Colville Confederated Tribes", and "county jail" or "jail" shall be construed to mean "tribal or other jail authorized by the Tribes to receive prisoners". Reference to any "court" shall be construed to mean the "Colville Tribal Court".

3-3-9 Inapplicable Provisions

Any of the provisions or portions of the provisions of the Revised Code of Washington listed above which, by their nature, would not apply to the Colville Confederated Tribes, Reservation, or Tribal Court, or the incorporation of which would undermine the underlying principles and purposes of this Code, or which are inconsistent with the provisions of this Chapter or this Code are not incorporated herein.

3-3-10 Maximum Speed Limit for Community Centers

The maximum speed limit for the grounds of the four district community centers shall be ten miles per hour.

3-3-11 Maximum Speed Limit for Trailer Courts

The maximum speed limit for the road leading to and around the tribal trailer court shall be fifteen miles per hour. Signs shall be prominently placed indicating the speed limit and shall clearly indicate "By Order of the Colville Business Council". There should be prominently placed, a sign stating that the speed limit will be strictly enforced.

PENALTIES

3-3-40 Penalties

Punishment for violation of this Chapter shall be as follows:

(a) Negligent homicide and failure of the driver of an involved vehicle to stay at the scene of an accident involving injury or death shall be punishable by imprisonment for a period not to exceed 360 days, or a fine not to exceed $1,000, or both the imprisonment and the fine.

(b) Driving under the influence of intoxicating liquor or of any drug, physical control, reckless driving, failure to stop at the command of a police officer, and driving while license is suspended or revoked shall be punishable by imprisonment for a period not to exceed 360 days, or a fine not to exceed $2,500, or both the imprisonment and the fine.

(c) All other violations shall be punishable by a fine not to exceed $500 and/or imprisonment for a period not to exceed 90 days.

(d) In addition to any other penalties imposed on a person convicted of a traffic offense, the Court may prohibit or set restrictions on the operation of a vehicle by such person on any road within the jurisdiction of the Colville Confederated Tribes for a period not to exceed one year, or may utilize the provisions for the suspension or revocation of driver's licenses under the laws of the jurisdiction issuing such license.

(b) Amended 9/21/81, Res. 1981-723
Amended 9/17/87, Resolution 1987-547

3-3-41 Procedural Provisions

The procedure established for criminal offenses under this Code shall be utilized for violations of this Chapter.

IMPLIED CONSENT

3-3-70 Implied Consent--Suspension, etc. for Refusal to Submit to Chemical Tests to Determine Alcoholic Content of Blood

(a) Any person who operates a motor vehicle upon the public highways within the exterior boundaries of the Colville Indian Reservation shall be deemed to have given consent, subject to the provisions of RCW 46.61.506, to a chemical test or tests of his breath or blood for the purpose of determining the alcoholic content of his blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor. The test shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle upon the public highways of this reservation while under the influence of intoxicating liquor. Such officer shall inform the person of his right to refuse the test, and of his right to have additional tests administered by any qualified person of his choosing as provided in RCW 46.61.506. The officer shall warn the driver that his privilege to drive within the exterior boundaries of the Colville Reservation will be suspended or denied if he refuses to submit to the test. The chemical test administered shall be of his breath only.

(b) If, following his arrest, the person arrested refuses upon the request of a law enforcement officer to submit to a chemical test of his breath, after being informed that his refusal will result in the suspension or denial of his privilege to drive within the exterior boundaries of the Colville Reservation, no test shall be given. The Colville Tribal Court, upon the receipt of a sworn report of the law enforcement officer that he had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public highways within the exterior boundaries of the Colville Indian Reservation while under the influence of intoxicating liquor and that the person refused to submit to the test upon the request of the law enforcement officer after being informed that such refusal would result in the suspension or denial of his privilege to drive within the exterior boundaries of the Colville Indian Reservation, shall suspend or deny such person's privilege to drive within the exterior boundaries of the Colville Reservation for a period of six months after the date of the alleged violation, subject to review as hereinafter provided.

(c) Upon suspending or denying the privilege to drive of any person, as hereinbefore directed in this section, the Colville Tribal Court shall immediately notify the person involved in writing by personal service or by registered or certified mail of its decision and the grounds therefor, and of his right to a hearing, specifying the steps he must take to obtain a hearing. The person upon receiving such notice may, in writing and within ten days therefrom, request a formal hearing, the Colville Tribal Court shall schedule a hearing for a date within thirty days of receipt of the request and shall give ten days' notice of the hearing to the person requesting the hearing. The scope of such hearing for the purposes of this section shall cover the issues of whether a law enforcement officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within the exterior boundaries of the Colville Reservation while under the influence of intoxicating liquor, whether the person was placed under arrest and whether he refused to submit to the test upon request of the officer after having been informed that such refusal would result in the suspension or denial of his privilege to drive on the Reservation. The Colville Tribal Court shall order that the suspension or denial either be rescinded or sustained. Any decision by the Tribal Court suspending or denying a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending or during the pendency of a subsequent appeal to the Colville Tribal Appellate Court.

(d) If the suspension or denial is sustained by the Tribal Court in the formal hearing, the person whose privilege to drive is so affected shall have the right to file a notice of appeal with the Colville Tribal Court. The Subchapter on Appellate Proceedings set forth in Chapter 1-1 of the Colville Tribal Law and Order Code shall govern any appeal that may be filed under this Subchapter.

3-3-71 Occupational Driver's Permit--Petition--Eligibility--Restrictions--Cancellation

(a) Any person whose privilege to drive within the exterior boundaries of the Colville Reservation is suspended or denied under this Subchapter may petition the Tribal Court for an occupational driver's permit. The Court upon determining that the petitioner is engaged in an occupation or trade which makes it essential that the petitioner operate a motor vehicle may, in its discretion, issue a permit to drive to the petitioner and may set definite restrictions such as hours of the day, which may not exceed twelve hours in any one day, days of the week, type of occupation, areas or routes of travel permitted, or no driving if the person has been drinking.

(b) The Tribal Court may cancel an occupational driver's permit upon receipt of notice that the holder has operated a motor vehicle in violation of its restrictions or upon notice of the commission of an alcohol related driving offense.

3-3-72 Notice to Tribal Police Department

(a) The Tribal Court shall notify the Tribal Police Department in writing of any suspension or denial of driving privileges within the boundaries of the Colville Reservation and of any occupational permits issued by the Court and restrictions placed upon such occupational permit.

LICENSE, REGISTRATION AND EQUIPMENT

3-3-100 Exclusive License and Registration

Notwithstanding any other section of this Code, all motor vehicles of any sort, type, or kind, or any trailer, wagon, or motor drawn vehicle owned, rented or leased by the Government of the Colville Confederated Tribes and operated exclusively in the service of the Colville Indian Tribe or any governmentally operated endeavor of the Colville Tribal Government, shall be licensed and registered exclusively by the Colville Confederated Tribes, pursuant to this section.

3-3-101 License and Registration Required

All vehicles described in the preceding section of the Colville Tribal Code shall display at all times proper Colville Indian Tribal numbered license plates and shall carry within the vehicle a proper Colville Indian Tribal registration certificate.

3-3-102 Information Required

The Colville Indian Tribal Government vehicle registration certificate shall contain the following information:

(a) Name and address of the owner, and if applicable, renter or lessee, of the vehicle; and a statement of the nature and character of the ownership of the vehicles including any encumbrances or liens against the vehicle;

(b) Trade name of the vehicle, model, year, type of body, the motor number or identification number thereof if the vehicle is a motor vehicle, or the serial number thereof, if such vehicle is a trailer or other vehicle;

(c) The power to be used, whether electric, steam, gas or other power;

(d) The weight of such vehicle which shall be the shipping weight as given by the manufacturer, except that when said vehicle has been substantially modified in size and bulk, a weight slip shall be obtained from a certified weighmaster showing the modified weight and that modified weight shall be reported on the registration certificate;

(e) Any other information that the Colville Tribe may require.

3-3-103 Records Maintained

Records on all vehicles licensed pursuant to this section including all information required by 3-3-102 shall be maintained as public record at the Colville Tribal Office, Colville Indian Reservation, Nespelem, Washington.

3-3-104 Reciprocity, Exemptions

Motor vehicles properly licensed and registered pursuant to the laws of any nation, Indian tribe or nation, state, foreign country, territory or federal district shall be required to display a current Colville Tribal Vehicle License Tag while being operated on any road subject to the jurisdiction of the Colville Tribe; provided, motor vehicles owned and operated by Colville Tribal members, Indians holding trust allotments on the Colville Reservation, employees of the Bureau of Indian Affairs and Colville Confederated Tribes, persons having their primary residence on the Colville Indian Reservation, and vehicles making deliveries of goods and services to residents of the Colville Indian Reservation, and to the Colville Indian Tribe, shall not be required to display a Colville Tribal License Tag when traveling on roads subject to the jurisdiction of the Colville Tribe, unless motor vehicles properly licensed and registered pursuant to the laws of any nation, Indian tribe or nation, state, foreign country, territory or federal district shall be required to do so. Provided further, that motor vehicles properly licensed and registered pursuant to the laws of any nation, Indian tribe or nation, state, foreign country, territory, or federal district, which grants to the vehicles owned and operated by the Colville Tribal Government, and registered and licensed pursuant to this section, the rights and privileges normally accorded to publicly owned and operated motor vehicles or non-resident motor vehicles by the laws of that nation, Indian tribe or nation, state, foreign country, territory, or federal district, shall not be required to display a Colville Tribal Vehicle License Tag when traveling upon roads subject to the jurisdiction of the Colville Tribe.

3-3-105 Fees, Exemptions

Colville Tribal Motor Vehicle License Tags may be obtained at the Colville Tribal Offices. The cost of the License Tag shall be $25.00 per year. No fee will be charged for a License Tag required to be displayed on motor vehicles owned and operated by Colville Indian Tribe. Members of the Colville Tribe having their primary residence within the boundaries of the Colville Indian Reservation and vehicles making deliveries of goods and services to the residents of the Colville Indian Reservation, or the Colville Tribe.

3-3-106 Fine

Failure to obtain the display of a Tribal Vehicle License Tag when required by this section shall be an offense against the Colville Tribe and shall be punishable by a civil penalty of $50.00

3-3-107 Temporary Tags

Temporary Tribal Motor Vehicle License Tags may be issued for periods of not longer than seven days pursuant to regulations adopted by the Colville Business Council. Fees for Temporary License Tags shall be determined by the Business Council.

3-3-108 Display Instructions

Tribal Motor Vehicle License Tags shall be displayed, when required, on the vehicle in the manner required by instructions printed on the Tag.

TRAFFIC INFRACTIONS

3-3-140 Purpose

The purpose of the enforcement procedure set out herein is to decriminalize certain traffic offenses prohibited by this Chapter and to facilitate the implementation of a uniform and expeditious system for the disposition of traffic infractions. The Confederated Tribes of the Colville Reservation has the authority under Article 5, section 1a of the Constitution and Bylaws of the Confederated Tribes to decriminalize the traffic offenses as set forth herein in order to protect the health, safety and welfare of the Reservation population and those people doing business on or visiting the Reservation and enable the Confederated Tribes to effectively govern the Reservation for these purposes.

3-3-141 Infraction - What Constitutes

Failure to perform any act required or the performance of any act prohibited by this Chapter is designated a traffic infraction and may not be classified as a criminal offense except for the following provisions of this Chapter incorporated by reference in CTC 3-3-1:

(a) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

(b) RCW 46.48.175 relating to the transportation of dangerous articles;

(c) RCW 46.52.010 relating to hitting or striking an unattended car or other property;

(d) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(e) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

(f) RCW 46.62.020 relating to refusal to give information to or cooperate with an officer;

(g) RCW 46.61.022 relating to failure to stop and give identification to an officer;

(h) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

(i) RCW 46.61.500 relating to reckless driving;

(j) RCW 45.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

(k) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

(l) RCW 46.61.522 relating to vehicular assault;

(m) RCW 46.61.525 relating to negligent driving;

(n) RCW 46.61.530 relating to racing of vehicles on highways;

(o) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

(p) CTC 3-3-4 relating to driving without a valid driver's license;

(q) CTC 3-3-5 relating to driving with a suspended or revoked license.

3-3-142 Unless otherwise provided by this Title, prosecution of traffic infractions listed under this Title shall be in accordance with the procedures for infraction violations pursuant to this Code.

3-3-143 to 3-3-148 REPEALED

3-3-149 Monetary Deterrent Schedule

Equipment (46.37)

(1) Illegal Use of Emergency Equipment, RCW 46.37.190
$70.00

(2) Defective or modified exhaust system, mufflers, prevention of noise and smoke, RCW 46.37.390(1) and (3)

First offense
$30.00

Second offense within one year
$50.00

Third and subsequent within one year
$70.00

All other RCW 46.37 Equipment Infractions
$25.00

Size, Weight, Load (46.44)

(1) Over legal tires, wheelbase, RCW 46.44.105(1)

First offense
$55.00

Second offense
$85.00

Third offense
$100.00

In addition to above 3 cents/excess lb., RCW 46.44.105(2)

(2) Violation of Special Permit
$50.00

(3) Failure to obtain Special Permit
$50.00

(4) Failure to submit to being weighed
$50.00

(5) Illegal vehicle combination, RCW 46.44.036
$50.00

(6) Illegally transporting mobile home, RCW 46.44.170
$55.00

Any other infraction defined in RCW 46.44
$35.00

Rules of the Road (46.61)

(1) Failure to stop, RCW 46.61.050 and 210
$25.00

(2) Failure to yield right of way, RCW 46.61.180, 190, 205, 210, 235, 300, 365
$25.00

(3) Following too close, RCW 46.61.145 and 635
$25.00

(4) Failure to signal, RCW 46.61.310
$25.00

(5) Improper lane usage or travel, RCW 46.61.140
$25.00

(6) Impeding traffic, RCW 46.61.435
$25.00

(7) Improper passing, RCW 46.61.110, 115, 120, 125, 130
$25.00

(8) Prohibited and improper turn, RCW 46.61.290, 295, 305
$25.00

(9) Crossing double yellow line of center, RCW 46.61.290, 295, 305
$25.00

(10) Operating with obstructed vision
$25.00

(11) Wrong way on one way street
$25.00

(12) Failure to comply with restrictive signs, RCW 46.61.050
$25.00

If an accident occurs with any of the above listed infractions or speed to fast for conditions, the penalty for the infraction shall be:
$25.00

Speeding, RCW 46.61.400

If speed limit is over 40 mph:

1 - 5 mph over limit
$10.00

6 - 10 mph over limit
$20.00

11 - 15 mph over limit
$35.00

16 - 20 mph over limit
$50.00

21 - 25 mph over limit
$65.00

26 - 30 mph over limit
$85.00

31 - 35 mph over limit
$110.00

36 - 40 mph over limit
$135.00

Over 40 mph over limit
$165.00

If speed limit is 40 mph or less:

1 - 5 mph over limit
$20.00

6 - 10 mph over limit
$25.00

11 - 15 mph over limit
$40.00

16 - 20 mph over limit
$60.00

21 - 25 mph over limit
$85.00

26 - 30 mph over limit
$110.00

31 - 35 mph over limit
$135.00

Over 35 mph over limit
$165.00

Speed too fast for conditions, RCW 46.61.400(1)
$25.00

Serious Infractions

(1) Wrong Way on Freeway, RCW 46.61.150
$165.00

(2) Wrong Way on Freeway Access, RCW 46.61.155
$70.00

(3) Backing on limited access highway, RCW 46.61.605
$70.00

(4) Spilling for failure to secure load, RCW 46.61.655
$70.00

(5) Throwing or depositing debris on highway, RCW 46.61.645
$70.00

(6) Disobeying school patrol, RCW 46.61.385
$70.00

(7) Passing stopped school bus with red lights flashing, RCW 46.61.370
$70.00

(8) Violation of posted road restriction, RCW 46.44.080 and 105(4)
$70.00

Parking

(1) Illegal parking on roadway, RCW 46.61.560
$20.00

(2) Any other parking infraction
$10.00

Pedestrians

Any infraction regarding pedestrians
$10.00

Bicycles

Any infraction regarding bicycles
$15.00

All other unlisted infractions
$25.00

If an accident occurs with any of the above listed infractions or speed too fast for conditions, the penalty for the infraction shall be:
$50.00