Tribal Code

Traffic

WARM SPRINGS TRIBAL CODE CHAPTER 310

TRAFFIC

Table of Contents

I. GENERAL
310.010 Definitions. For purposes of WSTC Chapter 310 and 311 the following definitions apply

II. TRAFFIC OFFENSE PROCEDURES
310.100 Jurisdiction of Tribal Courts and State Courts
310.110 Venue for Traffic Offenses
310.115 Time to Bring Action
310.120 Authority of Police Officer to Arrest or Issue Citations
310.122 Uniform or Badge Required
310.130 Putting up Bail
310.140 Traffic Citation Requirements
310.150 Private Person May Commence Action
310.160 Appearance by Defendant
310.170 Effect of Statement In Explanation or Mitigation
310.180 Hearing Date; Action for Failure to Appear
310.190 Discretionary Hearing

III. TRAFFIC INFRACTIONS
310.200 General
310.210 Classification of Traffic Infractions
310.220 Fines for Traffic Infractions
310.230 Trial; Burden of Proof
310.250 Appeal
310.260 Trial Judge’s Authority to Order Suspension of Driving Privileges
310.270 State of Oregon Authorized to Control Traffic Upon Highway 26
310.280 Promulgation of Rules by Justice Services Administrator and Chief Tribal Court Judge

IV. RULES OF THE ROAD
General Rules
310.300 Application of Speed Regulations and Traffic Signals to Emergency Vehicles
310.305 Application of Speed Regulations and Traffic Signals to Ambulances
310.310 Permitting Unlawful Operation of a Vehicle
310.315 Failing to Obey Police Officer
310.317 Operator’s License Required; Issuance of Tribal Driver’s License Traffic Signs, Signals and Markings
310.320 Obedience to Traffic Control Devices Required
310.325 When Interference with Official Traffic Control Device is Unlawful
310.326 Driving a Vehicle Without Owner’s Consent
Driving on Right Side of Highway
Overtaking and Passing; Use of Roadway
310.330 Duty to Drive on Right Side of Roadway
310.332 Slow Driver Duty to Drive on Right
310.334 Duty to Drive on Right on Two–Way Four–Lane Roadway
310.336 Slower Driver Duty to Yield.
310.338 Duty of Driver of Certain Vehicles to Drive to Right
310.340 Passing Vehicles Proceeding in Opposite Direction
310.342 Overtaking on Left
310.344 Overtaking on Right
310.346 Further Limitations on Driving on Left of Center of Roadway
310.348 No Passing Zone
310.350 One–Way Roadways
310.352 Driving on Roadways Laned for Traffic
310.354 Following Too Closely
310.356 Driving on Divided Highway
310.358 Careless Driving.
310.359 Carrying or Towing Person on Outside Part of Vehicle
Right of Way
310.360 Right of Way at Uncontrolled Highway Intersection
310.362 Driver Turning Left
310.364 Stop Signs and Yield Signs
310.366 Right of Way at Merging Lanes of Arterial Highway
310.368 Vehicle Entering Roadway from Private Road, Alley or Place
310.370 Operation of Vehicles on Approach of Emergency Vehicle or Ambulance
Pedestrians’ Rights and Duties
310.372 Pedestrian’s Right of Way in Crosswalk
310.374 Pedestrian Leaving Curb
310.376 Pedestrian’s Use of Sidewalk, Shoulder and Roadway Edge
310.378 Pedestrian Must Yield Right of Way
310.380 Pedestrian Soliciting Rides or Business
310.390 Pedestrian’s Right of Way on Sidewalks
Turning and Moving; Signals on Stopping and Turning
310.392 Required Position and Method of Turning
310.394 U–Turns Prohibited.
310.396 Moving a Stopped, Standing or Parked Vehicle
310.398 Unlawful Turn, Change of Lane, Stop and Use of Signals
310.400 Signals by Hand and Arm or by Signal Lamps
310.402 Method of Giving Required Signals
Special Stops Required
310.404 Overtaking and Passing School Bus and Certain Other Buses
310.406 Stopping Before Driving onto Sidewalk from Alley, Driveway or Building
Speed Restrictions
310.408 Basic Speed Rule
310.410 Speeds Constituting Prima Facie Evidence of Violation
310.412 Special Speed Limits Set by the Oregon Transportation Commission
310.414 Arrest Without Warrant in Radar Cases
310.416 Impeding Traffic
310.418 Speed Races Prohibited on Public Ways
Stopping, Standing and Parking
310.420 Stopping, Standing or Parking Outside Business or Residence Districts
310.422 Stopping, Standing or Parking Prohibited in Specific Places
310.424 Obstruction of Roadway by Wrecker or Tow Car
310.426 Police Officers Authorized to Move Vehicles
310.427 Unattended Motor Vehicle
Miscellaneous Rules
310.428 Limitations on Backing
310.430 Obstruction of Driver’s View; Passengers Interfering with Driver; Passengers In Trailer
310.432 Opening and Closing Vehicle Door
310.434 Coasting Prohibited
310.436 Following Fire Apparatus Prohibited
310.438 Crossing Fire Hose
310.439 Littering
310.440 Tow Truck Operator to Remove Injurious Substance From Highway
310.441 Unlawful Obstruction or Blocking of Traffic
310.442 Obstructing Cross Traffic
310.443 Operation of Vehicle in Closed Area
310.444 Livestock on Highway; Duty of Caution; Yielding Right of Way to Livestock
310.445 Duty of Driver Striking Animal
Alcoholic Liquor In Vehicles
310.446 “Motor Vehicle” Defined for Purpose of WSTC 310.446 to 310.452
310.448 Drinking Alcoholic Liquor in Vehicle on Highway Prohibited
310.450 Possessing Open Liquor Container in Vehicle on Highway Prohibited
310.452 Keeping Open Liquor Container in Vehicle on Highway Prohibited Unless Container is in Area Normally Unoccupied by Operator or Passengers

V. TRAFFIC CRIMES
310.500 Identification of Traffic Crimes
310.505 Application of Traffic Crimes Upon Premises Open to the Public
310.510 Driving While Under the Influence of Intoxicants
310.515 Reckless Driving
310.520 Fleeing or Attempting to Elude a Police Officer
310.525 Driving While Suspended or Revoked or Beyond License Restriction
310.530 Penalties for Traffic Crimes

VI. IMPLIED CONSENT LAW
310.550 Implied Consent to Chemical Tests
310.555 Police Report of Refusal
310.560 Evidence of Refusal Admissible
310.565 Suspension for Refusing Breath Test; Notice of Suspension
310.570 Hearing on Suspension Under WSTC 310.565
310.600 Seat Belts and Child Restraints Required

WARM SPRINGS TRIBAL CODE CHAPTER 310

TRAFFIC

I. GENERAL

310.10 Definitions. For purposes of WSTC Chapter 310 and 311 the following definitions apply:

  1. “Bail” means money or its equivalent deposited by defendant to secure his appearance for a traffic offense.
  2. “Emergency Vehicle” means a fire truck, police car, ambulance or a vehicle meeting the requirements of Oregon State Statutes defining “Emergency Vehicles”.
  3. “Farm Tractor” means every motor vehicle designed and used primarily as a farm implement for drawing other implements of husbandry.
  4. “Highway” means all streets, roads and highways within the Warm Springs Reservation, including U.S. Highway 26, also known as the Warm Springs cutoff.
  5. “Indian” means a member of the Confederated Tribes of the Warm Springs Reservation of Oregon, or any other person of Indian blood who is a member of a federally recognized Indian tribe or any other person on the reservation who is recognized by the community as an Indian, including a Canadian Indian and Alaska native.
  6. “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then of the lateral boundary lines of two or more roadways which join one another at an angle, whether or not one roadway crosses the other.
  7. “License” means any operators or chauffeur’s license or any other license or permit to operate a motor vehicle issued under the laws of the Confederated Tribes of the Warm Springs Reservation or any state.
  8. “Motor Vehicle” means every self propelled vehicle and vehicle designed for self- propulsion.
  9. “Operator” means any person who drives or is in actual physical control of a vehicle or who is exercising control over or steering a vehicle being towed by a motor vehicle.
  10. “Owner” means the person having all the incidents of ownership in a vehicle or where the incidents of ownership are in different persons, the person, other than a security interest holder, or lessor, entitled to possession of a vehicle.
  11. “Park or Parking,” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
  12. “Pedestrian” means any person afoot or confined to a wheelchair.
  13. “Police Officer” means a member of the Police Department of the Confederated Tribes of the Warm Springs Reservation or any other person authorized by Tribal law to enforce the provisions of WSTC Chapters 310 and 311.
  14. “Residence District” means the territory contiguous to a highway not comprising a business district when the frontage on one or both sides of such highway for a distance of 300 feet or more is mainly occupied by dwellings, churches, public parks, within community areas or by dwellings and buildings used for business.
  15. “Revocation” means that the licensee’s privilege to drive a vehicle is terminated.
  16. “Right of Way” means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
  17. “Roadway” means that portion of the highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder.
  18. “Shoulder” means that portion of the highway, whether paved or unpaved, continuous to the roadway primarily for use by pedestrians, for the accommodation of stopped vehicles, for emergency use and for lateral support of base and surface courses.
  19. “Snowmobile” means a self propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt tread, or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, that is steered wholly or in part by skis or sled type runners.
  20. “Stand or Standing” means 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.
  21. “State Court” means a circuit, district or justice court or magistrate of the State of Oregon.
  22. “Stop” when required means complete cessation from movement.
  23. “Stop or Stopping” when prohibited means 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, traffic control sign or signal.
  24. “Superintendent” means the superintendent of the Warm Springs Indian Reservation.
  25. “Suspension” means that the licensee’s privilege to drive a vehicle is withdrawn temporarily.
  26. “Traffic” means pedestrians, ridden or herded animals, vehicles, bicycles and motorbuses and other conveyances, either singly or together, using any street or highway for the purposes of travel.
  27. “Traffic Control Signal” and “Traffic Control Device” means any device, sign, signal or marking by which traffic is directed. It does not include radar devices.
  28. “Traffic Offense” means offenses included in WSTC Chapters 310 and 311 and include both traffic infractions and traffic crimes.
  29. “Trailer” means every vehicle without motor power designed for carrying persons or property and for being drawn by a motor vehicle.
  30. “Tribal Court” means the tribal court of the Confederated Tribes of the Warm Springs Reservation of Oregon.
  31. “Tribes” means Confederated Tribes of the Warm Springs Reservation of Oregon.

II. TRAFFIC OFFENSE PROCEDURES

310.100 Jurisdiction of Tribal Courts and State Courts.

  1. Indians. (a) Reservation Lands. The tribal court shall have jurisdiction over all traffic offenses committed by Indians within the external boundaries of the Warm Springs Indian Reservation. (b) Other Tribal Lands. The Warm Springs Tribal Court shall have concurrent jurisdiction with the appropriate state courts over all traffic offenses on other Tribal Trust lands.
  2. Non–Indians. (a) Traffic Infractions. Tribal court shall have concurrent jurisdiction over traffic infractions committed by non–Indians within the external boundaries of the Warm Springs Indian Reservation. Jurisdiction shall be concurrent with the appropriate state jurisdiction. The enacting authority expressly determines that the actions of non–Indian traffic violators, many whom are residents of the Reservation or employees of the Confederated Tribes, directly impact upon the health, safety, and welfare of tribal members and reservation residents, and affect the ability of the tribal government to carry on its operation in an orderly manner. (b) Traffic Crimes. Oregon State courts shall have exclusive jurisdiction over traffic crimes committed by non-Indians within the external boundaries of the Warm Springs Indian Reservation and on other lands owned by the Confederated Tribes.

310.110 Venue for Traffic Offenses.

  1. Indians. Venue for all traffic offenses committed by Indians within the external boundaries of the Warm Springs Indian Reservation or on other tribal lands shall be in the Warm Springs Tribal Court, Warm Springs, Oregon.
  2. Non–Indians. (a) Traffic Infractions. Venue for traffic infractions committed by non– Indians within the external boundaries of the Warm Springs Indian Reservation shall be in either the Warm Springs Tribal Court, Warm Springs, Oregon, or the appropriate state court in the county in which the offense was committed. (b) Traffic Crimes. Venue for traffic crimes committed by Non–Indians within the external boundaries of the Warm Springs Indian Reservation shall be the appropriate state court in the county in which the offense was committed.

310.115 Time to Bring Action. An action for the commission of a traffic offense under this Chapter shall be commenced within six months from the time of commission.

310.120 Authority of Police Officer to Arrest or Issue Citations. Within Jurisdiction. A police officer as defined in WSTC 310.010(13) may issue a citation to a person for a traffic offense at any place within the jurisdictional authority as outlined in WSTC 310.100 of the governmental unit by which he is authorized to act. In the case of a traffic crime, the officer may also arrest.

  1. Outside Jurisdiction – Hot Pursuit. A police officer may issue a citation to a person for a traffic offense at a place outside the jurisdictional authority of the governmental unit by which he is authorized to act, if: (a) A traffic offense was committed in his presence at a place within the jurisdictional authority of the governmental unit; and (b) The officer immediately pursues the person who committed the offense; and (c) The officer arrests or cites the person immediately upon the conclusion of a continuous pursuit.

The officer may also arrest in the case of a traffic crime.

310.122 Uniform or Badge Required. Any police officer attempting to enforce the traffic laws of this reservation or the State of Oregon shall be in uniform or shall conspicuously display official identification showing his lawful authority.

310.130 Putting up Bail. A person brought before a tribal judge, or other person authorized by the tribal judge, for a traffic offense shall be released on giving adequate undertaking to appear in answer to the offense at such time and place as is fixed by the tribal judge, tribal clerk, or other person authorized by the tribal judge. The undertaking may consist of cash, personal check, or the person’s operator’s or chauffeur’s license.

310.140 Traffic Citation Requirements.

  1. Form. A traffic citation conforming to the requirements of this section shall be used for all traffic offenses pursuant to this code. The citation shall consist of at least four parts. The required parts are: (a) The complaint; (b) The abstract of record; (c) The police record; (d) The summons;
  2. The complaint shall contain a form of certificate in which the complainant shall certify that the complainant has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. A certificate conforming to this section shall be deemed equivalent of a sworn complaint.

310.150 Private Person May Commence Action.

  1. A private person may commence an action for a traffic offense by certifying to the complaint before a tribal judge of the court. This action will be entered in the court record.
  2. The complaint under sub–section (a) of this section shall contain a form of certificate in which the complainant shall certify that the complainant has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. A certificate conforming to this section shall be deemed equivalent of a sworn complaint.
  3. When the complaint is certified by a private person, the court shall cause the summons to be delivered to the defendant. The Court may require the Warm Springs Tribal Police to serve the summons.

310.160 Appearance by Defendant.

  1. Traffic Crimes. (a) Indian defendants shall appear in tribal court at the time mentioned in the summons if the citation is for a traffic crime. (b) Non–Indian defendants shall appear in the appropriate state court at the time mentioned in the summons if the citation is for a traffic crime.
  2. Traffic Infractions. (a) In case of citation for traffic infractions, the defendant shall either appear in tribal court at the time indicated in the summons, or prior to such time shall deliver to the court the summons, together with check, cash, or money order in the amount of the bail set forth in the summons, and enclosing therewith: (i) A request for a hearing; or (ii) A statement of matters in explanation or mitigation of the offense charged; or (iii) The executed appearance, waiver of hearing and plea of guilty appearing on the summons. A statement in explanation or mitigation also may be included with the guilty plea. (b) At the time the citation is issued non–Indians shall be given the option to appear in tribal court or the appropriate state courts.

310.170 Effect of Statement In Explanation or Mitigation. If a defendant has submitted to the court a written statement as provided in WSTC 310.170(2)(a)(ii), it constitutes a waiver of hearing and consent to judgment by the court declaring a forfeiture of bail on the basis of such statement and any testimony or written statement of the arresting officer or other witnesses which may be presented to the court.

310.180 Hearing Date; Action for Failure to Appear.

  1. If the defendant requests a hearing the court shall fix a date and time for the hearing and shall, at least five days in advance of the hearing, mail to the defendant notice of the date and time so fixed. The notice shall set forth a warning that for failure to appear for the hearing, action will be taken by the court that may result in the suspension of the defendant’s license unless bail is deposited in the amount set in the summons.
  2. Action for Failure to Appear. If the defendant fails to appear for the hearing at the time and place fixed by the court and no bail has been deposited, the court may notify any state court having concurrent jurisdiction of the defendant’s failure to appear. In the notification the court shall certify that notice was given the defendant as prescribed by subsection (1) of this section and that the defendant failed to appear for the hearing.

310.190 Discretionary Hearing.

  1. In any case the court may direct that a hearing be held. Otherwise, the court may enter the appropriate judgment, impose a fine, direct that the fine be paid out of the bail, deposited by the defendant and remit to the defendant any amount by which the bail exceeds the fine.
  2. No sentence to jail may be imposed, nor any fine imposed in excess of the bail deposited by the defendant, unless a hearing is held.

III. TRAFFIC INFRACTIONS

310.200 General. An offense defined in the Warm Springs Traffic Code as a traffic infraction shall be punishable on by a fine, forfeiture, suspension or revocation of a tribal driver’s license, or other privilege, or other civil penalty. A person who commits a traffic infraction shall not suffer any disability or legal disadvantage based upon conviction of crimes.

310.210 Classification of Traffic Infractions. Traffic infractions are classed for the purposes of sentence into the following categories:

  1. Class “A” traffic infractions;
  2. Class “B” traffic infractions;
  3. Class “C” traffic infractions;
  4. Class “D” traffic infractions;

310.220 Fines for Traffic Infractions.

  1. The penalty for committing a traffic infraction shall be a fine only or as provided in WSTC 310.260 a forfeiture, suspension, revocation of a tribal driver’s license or other privilege, or other civil penalty.
  2. A judgment to pay a fine for a traffic infraction shall be a sentence to pay an amount not exceeding: (a) $500 for a Class “A” traffic infraction. (b) $250 for a Class “B” traffic infraction. (c) $100 for a Class “C” traffic infraction. (d) $ 50 for a Class “D” traffic infraction.

310.230 Trial; Burden of Proof.

  1. The trial of any traffic infraction shall be by the court without a jury.
  2. The prosecution shall have the burden of proving the alleged traffic infraction by preponderance of the evidence.

310.250 Appeal. There shall be no appeal from a judgment involving a traffic infraction. The appeal from a judgment involving a traffic crime shall be conducted in accordance with the provisions of WSTC Chapter 203.

310.260 Trial Judge’s Authority to Order Suspension of Driving Privileges.

  1. If a defendant is convicted of any traffic offense and fails or refuses to pay a fine imposed by the judge or to comply with any condition upon which payment of the fine or any part of it was suspended, the judge, in addition to or instead of any other method authorized by law for enforcing a court order, may order the defendant’s right to drive on the reservation to be suspended for a period not to exceed one year.
  2. In addition to any other penalties authorized by the Warm Springs Tribal Code the tribal judge shall have the authority to suspend the driving privileges of any person on this Reservation on any of the following grounds: (a) Conviction of a traffic crime as defined in WSTC 310.500 through 310.530. (b) Conviction of any crime involving the use of a vehicle. (c) Conviction of three or more traffic offenses in a one-year period. (d) The suspension of the defendant’s driving privileges by the state issuing his driver’s license. The length of suspension shall be for a period not to exceed one year.

310.270 State of Oregon Authorized to Control Traffic Upon Highway 26. The State of Oregon is hereby authorized to determine the type of, and to replace and maintain upon Highway 26, physical traffic control signals and devices at places where the State of Oregon shall deem necessary for the safe and expeditious control of traffic. The Tribes and Bureau of Indian Affairs are also empowered to emplace such devices as may be necessary to control traffic.

310.280 Promulgation of Rules by Justice Services Administrator and Chief Tribal Court Judge. The Justice Services Administrator and the Chief Judge of the Warm Springs Tribal Court are hereby empowered and directed to establish rules to implement the provisions of Warm Springs Tribal Code Chapters 310 and 311.

IV. RULES OF THE ROAD General Rules

310.300 Application of Speed Regulations and Traffic Signals to Emergency Vehicles.

  1. The driver of an emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from an emergency, is subject to the privileges and conditions set forth in this section.
  2. The driver of the emergency vehicle may: (a) Park or stand, in disregard of a statute, regulation or ordinance prohibiting that parking or standing; (b) Proceed past a red signal or stop sign, but only after slowing down as may be necessary for safe operation; (c) Exceed the designated speed limits so long as he does not endanger persons or property; and (d) Disregard regulations governing direction of movement or turning in specified directions.
  3. (a) The privileges granted to the driver of an emergency vehicle in paragraphs (a), (c) and (d) of subsection (2) of this section apply only when the driver of the vehicle is making use of a visual signal meeting the requirements of paragraph (c) of subsection (1) of WSTC 311.066 and subsections (5) and (6) of WSTC 311.072. (b) The privileges granted to the driver of an emergency vehicle in paragraph (b) of subsection (2) of this section apply only when the driver of the vehicle is making use of both a visual signal as described in paragraph (a) of this subsection, and an audible signal meeting the requirements of subsection (4) of WSTC 311.082. (c) A driver of an emergency vehicle, which is parked or standing in disregard of a regulation or ordinance prohibiting that parking, stopping or standing, shall not use the audible signal. (d) The driver of an emergency vehicle, which is operated as an emergency police vehicle, is not required to use either visual signal or the audible signal as described in paragraphs (a) and (b) of this subsection in order to exercise the privileges granted in subsection (2) of this section when it reasonably appears to the driver that the use of either or both would prevent or hamper the apprehension or detection of a violator of a statute, ordinance or regulation.
  4. The provisions of this section: (a) Do not relieve the driver of an emergency vehicle from the duty to drive with due regard for the safety of all other persons. (b) Are not a defense to the driver of an emergency vehicle in an action brought for criminal negligence or reckless conduct. (c) Do not relieve the driver of an emergency vehicle from the duty to comply with WSTC 310.404 except as provided in this paragraph. The driver is not required to keep an emergency vehicle stationary until the flashing red lights on a school bus or worker transport bus cease operating if the driver: (i) Determines that no passenger of the bus remain on the roadway. (ii) Proceeds with caution.
  5. Violation by an emergency vehicle driver of any provision of this section is a Class B traffic infraction.

310.305 Application of Speed Regulations and Traffic Signals to Ambulances.

  1. The driver of an ambulance when responding to an emergency call, subject to the conditions of this section, may, with due regard to the safety of all persons, exercise the following privileges: (a) Park or stand in disregard of a statute, regulation or ordinance prohibiting that parking or standing; (b) Proceed past a red or stop signal or stop sign but only after slowing down as may be necessary for safe operation; (c) Exceed the designated speed limits by not more than 10 miles an hour, so long as he does not endanger persons or property; and (d) Disregard regulations governing direction of movement or turning in specified directions.
  2. The privileges granted under this section to the driver of an ambulance shall apply only when a person who is a certified emergency medical technician or has been granted an exemption from the requirement of obtaining EMT certification: (a) Has reasonable grounds to believe that delay of an ambulance will jeopardize human life; and (b) Operates or directs the operation of an audible signal or a visual signal meeting the requirements prescribed by the Oregon Motor Vehicles Division.
  3. The provisions of this section: (a) Do not relieve the driver of an ambulance from the duty to drive with due regard for the safety of all persons. (b) Are not a defense to the driver of an ambulance in an action brought for criminal negligence or reckless conduct. (c) Do not relieve the driver of an ambulance from the duty to comply with WSTC 310.404 except as provided in this paragraph. The driver is not required to keep an emergency vehicle stationary until the flashing red lights on a school bus or worker transport bus cease operating if the driver: (i) Determines that no passengers of the bus remain on the roadway. (ii) Proceeds with caution.
  4. Violation by an ambulance driver of any provision of this section is a Class B traffic infraction.

310.310 Permitting Unlawful Operation of a Vehicle.

  1. A person who is an owner, lessor or lessee of a motor vehicle, or who employs or otherwise directs the driver of a motor vehicle, commits the offense of permitting the unlawful operation of a vehicle if he knowingly permits or requires the operation of the vehicle in violation of: (a) The rules of the road; or (b) The laws governing equipment of motor vehicles; or (c) The laws governing size and weight of motor vehicles; or (d) The laws governing operator and operator–chauffeur licensing; or (e) The laws governing registration of vehicles.
  2. Knowingly permitting or requiring the operation of a motor vehicle in violation of subsection (1) of this section is a Class C Traffic Infraction.

310.315 Failing to Obey Police Officer.

  1. A person commits the offense of failing to obey a police officer if he refuses or fails to comply with any lawful order, signal or direction of a police officer displaying official identification and having lawful authority to direct, control or regulate traffic.
  2. Failing to obey a police officer is a Class C traffic infraction.

310.317 Operator’s License Required; Issuance of Tribal Driver’s License.

  1. No person shall operate a motor vehicle on the Reservation unless he has in his possession a valid, current operator’s license issued by a state, unless he has been issued a current valid tribal driver’s license.
  2. A person who operates a motor vehicle without a valid license commits a Class “B” traffic infraction.
  3. The Chief Tribal Judge may issue tribal driver’s licenses under such rules as may be established by the tribal court.

Traffic Signs, Signals and Markings

310.320 Obedience to Traffic Control Devices Required.

  1. A driver commits the offense of failure to obey an official traffic control device if he does not obey the directions of an official traffic control device except when he is otherwise directed by a police officer, fireman or authorized flagman. A person shall not be convicted of violating this section if the device is not in proper position and legible to a reasonably observant person at the time and place of the alleged violation. This section shall not apply to radar devices.
  2. A person who fails to obey an official traffic control device commits a Class B traffic infraction.

310.325 When Interference with Official Traffic Control Device is Unlawful.

  1. A person commits the offense of unlawful interference with an official traffic control device if without lawful authority and with criminal negligence he attempts to or does alter, deface, injury, knock down or remove any official traffic control device or any inscription, shield or insignia thereon, or any other part thereof.
  2. A person who unlawfully interferes with an official traffic control device commits a Class B traffic infraction.

310.326 Driving a Vehicle Without Owner’s Consent. A person who drives, tows away, or takes a vehicle not his own without the consent of the owner, with intent temporarily to deprive the owner of possession of the vehicle, or a person who is party or accessory to or an accomplice in the driving or unauthorized taking commits a Class “A” traffic infraction.

Driving on Right Side of Highway; Overtaking and Passing; Use of Roadway

310.330 Duty to Drive on Right Side of Roadway.

  1. Driver commits the offense of failing to drive on the right if he fails to drive on the right half of a road way of sufficient width, except; (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement; (b) When preparing to turn left at an intersection, alley or private road or driveway; (c) When an obstruction or condition exists making it necessary to drive to the left of the center of the roadway; provided that a driver doing so shall yield the right of way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within a distance as to constitute an immediate hazard; (d) Upon a roadway divided into three marked lanes for traffic under the rules applicable on it; or (e) Upon a roadway restricted to one–way traffic.
  2. Failure to drive on the right is a Class B traffic infraction.

310.332 Slow Driver Duty to Drive on Right.

  1. As used in this section, “slow driver” means a driver who operates a vehicle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing.
  2. A slow driver commits the offense of failure to drive on the right if he fails to drive in the right–hand lane available for traffic or as close as practicable to the right–hand curb or edge of the roadway except: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement; or (b) When preparing to turn left at an intersection, alley or private road or driveway.
  3. A slow driver failing to drive on the right commits a Class C traffic infraction.

310.334 Duty to Drive on Right on Two–Way Four–Lane Roadway.

  1. A driver commits the offense of failure to drive on the right if he drives to the left of the center line of a two–way roadway having four or more lanes for moving traffic, except: (a) When authorized by an official traffic control device designating certain lanes to the left side of the center of the roadway for use by traffic; or (b) When permitted under WSTC 310.332(2). (c) When making a left turn at any intersection, alley or private road or driveway.
  2. Failure to drive on the right of a two–way four–lane highway is a Class B traffic infraction.

310.336 Slower Driver Duty to Yield.

  1. A driver commits the offense of failure to yield to an overtaking vehicle if he fails to move his vehicle off the main traveled portion of the highway into an area sufficient for safe turnout when: (a) The driver of the overtaken vehicle is proceeding at a speed less than a designated speed under WSTC 310.410. (b) The driver of the overtaking vehicle is proceeding at a speed in conformity with WSTC 310.410. (c) The highway is a two directional two–lane highway. (d) There is no clear lane for passing available to the driver of the overtaking vehicle.
  2. Failure of slower driver to yield to overtaking vehicle by use of safe turnout is a Class C traffic infraction.

310.338 Duty of Driver of Certain Vehicles to Drive to Right.

  1. A driver of a vehicle having a gross weight of 8,000 or more pounds, a camper or a vehicle with trailer commits the offense of failure to drive on the right if he does not drive in the right lane of all roadways having two or more lanes for traffic proceeding in a single direction, except: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement when such movement can be made without interfering with the passage of other vehicles; (b) When preparing to turn left; (c) When reasonably necessary in response to emergency conditions; (d) To avoid actual or potential traffic moving onto the right lane from an acceleration or merging lane; or (e) When necessary to follow highway directional signs that direct use of a lane other than the right lane.
  2. A driver who violates subsection (1) of this section commits a Class C traffic infraction.

310.340 Passing Vehicles Proceeding in Opposite Direction.

  1. Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one lane of traffic in each direction, unless otherwise directed by an official traffic control device, each driver shall give to the other at least one–half of the main traveled portion of the roadway as nearly as possible.
  2. A person violating subsection (1) of this section commits a Class B traffic infraction.

310.342 Overtaking on Left.

  1. A driver overtaking a vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
  2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
  3. A driver shall not drive to the left side of the center of the roadway in overtaking and passing a vehicle proceeding in the same direction unless authorized by the provisions of this chapter and unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completed without interfering with the operation of a vehicle approaching from the opposite direction or a vehicle overtaken. The overtaking vehicle shall return to an authorized lane of traffic as soon as practicable.
  4. A person who violates this section commits a Class B traffic infraction.

310.344 Overtaking on Right.

  1. A driver may overtake and pass upon the right of another vehicle if: (a) The overtaken vehicle is making or the driver has signaled his intention to make a left turn; (b) The paved portion of the highway is of sufficient width to allow two or more lines of vehicles to proceed lawfully in the same direction as the overtaking vehicle; and (c) The roadway ahead of the overtaking vehicle is unobstructed for a sufficient distance to permit passage of the overtaking vehicle to be made in safety.
  2. A driver may overtake and pass upon the right of another vehicle if the overtaken vehicle is proceeding along a roadway in the left lane of two or more clearly marked lanes allocated exclusively to vehicular traffic moving in the same direction as the overtaking driver.
  3. A driver shall not overtake and pass upon the right by driving off the paved portion of the highway.
  4. A driver who violates this section commits a Class B traffic infraction.

310.346 Further Limitations on Driving on Left of Center of Roadway.

  1. Upon any two–way roadway where traffic is permitted to move in both directions simultaneously a driver shall not drive on the left side of the center of the roadway: (a) Upon any part of a grade or upon a curve in the roadway where the driver’s view is obstructed for such a distance as to create a hazard in the event another vehicle might approach from the opposite direction; (b) When approaching an intersection or railroad grade crossing where the driver’s view is obstructed for such a distance as to create a hazard in the event another vehicle might approach from the opposite direction; or (c) At any intersection or railroad grade crossing.
  2. The limitations of subsection (1) of this section do not apply: (a) When the right half of the roadway is obstructed or closed to traffic while under construction or repair; or (b) When a driver makes a lawful left turn.
  3. A driver who violates subsection (1) of this section commits a Class B traffic infraction.

310.348 No Passing Zone.

  1. A driver shall not drive on the left side of a roadway when the Tribes, Bureau of Indian Affairs or Oregon Transportation Commission has determined that the roadway or section thereof is especially hazardous for overtaking and passing or driving on the left side of the roadway and has prohibited these movements by appropriate signs or markings on the roadway which show the beginning and end of a no passing zone.
  2. The provisions of subsection (1) of this section do not apply: (a) When the roadway is obstructed as described in WSTC 310.330; or (b) When a driver turns left into or from an alley, intersection, private road or driveway.
  3. A driver who drives on the left side of a roadway in violation of signs and markings in place to define a no passing zone commits a Class B traffic infraction.

310.350 One–Way Roadways. A driver who proceeds upon a roadway designated for one–way traffic in a direction other than that indicated by an official traffic control device commits a Class B traffic infraction.

310.352 Driving on Roadways Laned for Traffic.

  1. When a roadway is divided into two or more clearly marked lanes for traffic, the following rules apply: (a) A driver shall drive his vehicle as nearly as practicable entirely within a single lane and shall not move from that lane until he has first made certain that the movement can be made with safety. (b) When two–way movement of traffic is provided on a roadway divided into three lanes, a driver shall not drive in the center lane except: (i) When the center lane is allocated exclusively to traffic moving in the same direction that the driver is proceeding by an official traffic control device directing the lane allocation; or (ii) When the driver is overtaking and passing a vehicle proceeding in the same direction and the center lane is clear of traffic within a safe distance; or (iii) When the driver is making a left turn.
  2. A person violating subsection (1) of this section commits a Class B traffic infraction.

310.354 Following Too Closely.

  1. A driver shall not follow a vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and condition of the highway.
  2. A driver of a truck, motor bus or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another truck, motor bus or motor vehicle drawing another vehicle shall, when conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy the space without danger. This rule shall not prevent a truck, motorbus or motor vehicle drawing another vehicle from overtaking and passing a vehicle or combination of vehicles.
  3. Except in the case of a funeral procession motorcade, a driver traveling upon a roadway outside of a business or residence district in a caravan or motorcade whether or not towing another vehicle shall operate his vehicle so as to leave sufficient space between vehicles to enable a vehicle to enter and occupy the space without danger.
  4. A person who violates this section commits a Class B traffic infraction.

310.356 Driving on Divided Highway.

  1. When driving upon a highway divided into two or more roadways by means of an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, a driver shall drive only upon the right– hand roadway unless directed or permitted to use another roadway by an official traffic control device or police officer.
  2. When driving upon a divided highway as described in subsection (1) of this section, a driver shall not drive over, across or within a dividing space, barrier or section except: (a) At an authorized crossover or intersection; or (b) When specifically directed otherwise by state or local authority.
  3. A person violating this section commits a Class B traffic infraction.

310.358 Careless Driving.

  1. A driver shall not drive a vehicle upon a highway or premises open to the public, as defined in WSTC 310.505 in a manner that endangers or would be likely to endanger any person or property.
  2. A driver who violates subsection (1) of this section commits a Class B traffic infraction.

310.359 Carrying or Towing Person on Outside Part of Vehicle.

  1. A person may not ride, nor may the operator of a vehicle allow another to ride, on the running board, fender, hood or other outside part of a vehicle; however, this section does not apply to an authorized emergency vehicle or to a vehicle used on road construction while operated at the work site or to a person riding in a parade or to a person riding in the open bed of a truck with sideboards, if he is seated on the bed or floor of the vehicle or upon a seat built below the level of the sideboards of the vehicle.
  2. An operator of a motor vehicle may not allow another person to be towed by the motor vehicle in any manner, except as the operator of a motor vehicle, other than a motorcycle or motor scooter, being towed nor may a person attach himself, or a conveyance or device upon which he may ride or be towed, to a vehicle for the purpose of riding or being towed except as provided in this section.
  3. Any person violating subsections (1) or (2) of this section commits a Class “C” traffic infraction.

Right of Way

310.360 Right of Way at Uncontrolled Highway Intersection.

  1. Subject to the provisions of WSTC 310.364 and WSTC 310.366, a driver when approaching an uncontrolled highway intersection shall look out for an give right of way to any driver on the right simultaneously approaching a given point, regardless of which driver first reaches and enters the intersection.
  2. A driver entering an intersection at an unlawful speed shall forfeit any right of way he would otherwise have under subsection (1) of this section.
  3. Failure to yield the right of way at an uncontrolled intersection is a Class B traffic infraction.

310.362 Driver Turning Left.

  1. A driver intending to turn to the left within an intersection or into an alley, private road, driveway or place from a highway shall yield the right of way to a vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.
  2. Failing to yield the right of way when turning left is a Class B traffic infraction.

310.364 Stop Signs and Yield Signs.

  1. If the Oregon Transportation Commission or the Confederated Tribes with respect to highways under their respective jurisdictions designates a highway or section thereof as a through highway or an intersection as a stop intersection and erects stop signs or yield signs at specified entrances to the through highway and at one or more entrances to the stop intersection, a driver shall obey the stop signs and the yield signs as follows: (a) Except when directed to proceed by a police officer, a driver approaching a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching so closely as to constitute an immediate hazard during the time when the drive is moving across or within the intersection. (b) A driver approaching a yield sign shall slow his vehicle to a speed reasonable for the existing conditions and, if necessary for safety, shall stop at a line as stated in paragraph (a) of subsection (1) of this section, and shall yield the right of way to any vehicles in the intersection or approaching so closely as to constitute an immediate hazard.
  2. An official traffic control device placed under subsection (1) of this section shall conform to specifications approved by the Tribes, Bureau of Indian Affairs or Oregon Transportation Commission, and shall be illuminated at night or be so placed as to be illuminated by the headlights of approaching vehicles or by street lights.
  3. Failing to yield the right of way at a stop sign or yield sign is a Class B traffic infraction.

310.366 Right of Way at Merging Lanes of Arterial Highway.

  1. A driver entering a highway where an acceleration or merging lane is provided for his use shall look out for and give right of way to vehicles on the freeway or other arterial highway.
  2. A driver entering a highway who fails to yield the right of way as provided in subsection (1) of this section commits a Class C traffic infraction.

310.368 Vehicle Entering Roadway from Private Road, Alley or Place.

  1. Except where the movement of traffic is otherwise directed by an official traffic control device, a driver who is about to enter or cross a roadway from any private road or driveway, alley or place other than another roadway shall yield the right of way to any vehicle approaching on the roadway to be entered or crossed so closely as to constitute an immediate hazard.
  2. Failing to yield the right of way before entering or crossing from a private road or driveway, alley or place is a Class C traffic infraction.

310.370 Operation of Vehicles on Approach of Emergency Vehicle or Ambulance.

  1. Upon the approach of an emergency vehicle or ambulance using a visual signal or an audible signal or both according to requirements of WSTC 310.300 and WSTC
    310.305 the driver of every other vehicle shall yield the right of way, and except as provided in subsection (2) of this section, shall immediately drive to a position as near as possible and parallel to the right–hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the emergency vehicle or ambulance has passed, except when otherwise directed by a police officer.
  2. This section does not relieve the driver of an emergency vehicle or ambulance from the duty to drive with due regard for the safety of all persons using the highway, nor does it protect the driver of any such vehicle from the consequence of an arbitrary exercise of such right of way.
  3. Failure to yield the right of way to an emergency vehicle or ambulance is a Class B traffic infraction.

Pedestrians’ Rights and Duties

310.372 Pedestrian’s Right of Way in Crosswalk.

  1. When a pedestrian is crossing a roadway within a marked or unmarked crosswalk where there are no traffic control signals in place or in operation, a driver shall stop before entering the crosswalk and yield the right of way to the pedestrian: (a) If the pedestrian is on the half of the roadway on and along which the driver is proceeding; or (b) If the pedestrian is approaching the half of the roadway along which the driver is approaching so closely as to be in a position of danger.
  2. A pedestrian crossing a roadway within a crosswalk where there are no traffic control signals in place or in operation that is closely approaching or has reached the center of the roadway is in a position of danger under subsection (1) of this section.
  3. A driver who fails to stop and yield the right of way to a pedestrian crossing within a crosswalk under subsection (1) of this section commits a Class B traffic infraction.

310.374 Pedestrian Leaving Curb.

  1. A pedestrian shall not suddenly leave a curb or other place of safety and move into the path of a vehicle which is so close as to constitute an immediate hazard.
  2. A pedestrian who moves into the path of a vehicle in violation of subsection (1) of this section commits a Class C traffic infraction.

310.376 Pedestrian’s Use of Sidewalk, Shoulder and Roadway Edge.

  1. A pedestrian commits the offense of failure to use a sidewalk or shoulder if he positions himself upon, or proceeds along and upon the roadway where there is an adjacent usable sidewalk or shoulder.
  2. A pedestrian commits the offense of improper use of a highway shoulder if in using the shoulder, he does not position himself upon, or proceed along and upon, the shoulder as far as practicable from the roadway edge on a highway which has an adjacent shoulder area on one or both sides.
  3. Except in the case of the divided highway, a pedestrian commits the offense of failure to use left highway shoulder if he does not position himself upon, or proceed along and upon, the left shoulder and as far as practicable from the roadway edge on a two–way highway which has no sidewalk and which does have an adjacent shoulder area. This subsection shall not apply to a hitchhiker who positions himself upon, or proceeds along and upon, the right shoulder so long as he does so facing the vehicles using the adjacent lane of the roadway.
  4. A pedestrian shall position himself upon, or proceed along and upon, the right highway shoulder, as far as practicable from the roadway edge, on a divided highway which has no sidewalk and does have a shoulder area.
  5. A pedestrian commits the offense of unlawful use of roadway if he fails to position himself upon, or proceed along and upon a highway which has neither sidewalk nor shoulder available, as near as practicable to an outside edge of the roadway, and, if the roadway is a two–way roadway, only on the left side of it.
  6. A pedestrian who violates subsections (1) to (5) of this section commits a Class C traffic infraction.

310.378 Pedestrian Must Yield Right of Way.

  1. Except as otherwise provided in this chapter and WSTC Chapter 311, a pedestrian upon a roadway shall yield the right of way to all vehicles upon the roadway.
  2. A pedestrian who fails to yield the right of way upon a roadway to all vehicles under subsection (1) of this section commits a Class C traffic infraction.

310.380 Pedestrian Soliciting Rides or Business.

  1. A person commits the offense of unlawful hitchhiking if he is on a roadway for the purpose of soliciting a ride.
  2. A person who violates this section commits a Class C traffic infraction.

310.390 Pedestrian’s Right of Way on Sidewalks.

  1. A driver commits the offense of failure to yield the right of way to a pedestrian if he does not yield the right of way to any pedestrian on a sidewalk.
  2. A driver failing to yield the right of way to a pedestrian on a sidewalk commits a Class C traffic infraction.

Turning and Moving; Signals on Stopping and Turning

310.392 Required Position and Method of Turning.

  1. A driver intending to turn right shall proceed as close as practicable to the right– hand curb or edge of the roadway: (a) In making the approach for a right turn; and (b) In making the right turn.
  2. A driver intending to turn left shall: (a) Approach the turn in the extreme left–hand lane lawfully available to traffic moving the direction of travel of the turning vehicle; (b) Make the left turn to the left of the center of the intersection whenever practicable; and (c) Leave the intersection or other location in the extreme left–hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered.
  3. Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic control devices, a left turn shall not be made from any other lane.
  4. A driver who makes a turn in violation of this section commits a Class C traffic infraction.

310.394 U–Turns Prohibited.

  1. A driver commits the offense of making an illegal U–turn if he turns his vehicle so as to proceed in the opposite direction: (a) Within an intersection where traffic is controlled by an electrical signal unless posted otherwise; (b) At any place upon a highway where the vehicle cannot be seen by another driver approaching from either direction within a distance of 1,000 feet.
  2. Making an illegal U–turn is a Class C traffic infraction.

310.396 Moving a Stopped, Standing or Parked Vehicle.

  1. A person commits the offense of unlawfully moving a stopped, standing or parked vehicle if he moves a vehicle so stopped, standing or parked when the movement cannot be made with reasonable safety.
  2. A person who moves a vehicle in violation of this section commits a Class C traffic infraction.

310.398 Unlawful Turn, Change of Lane, Stop and Use of Signals.

  1. A driver commits the offense of unlawful turn or change of lane if he turns or moves right or left upon a highway when: (a) The movement cannot be made with reasonable safety; or (b) He fails to give an appropriate signal as provided in WSTC 310.400 continuously during not less than the last 100 feet traveled by the vehicle before turning.
  2. A driver commits the offense of unlawful stop or deceleration if he stops or suddenly decreases the speed of a vehicle without first giving an appropriate signal as provided in WSTC 310.402 to the driver immediately to the rear when there is opportunity to give the signal.
  3. A driver who turns or changes lanes or stops in violation of this section commits a Class C traffic infraction.
  4. A driver commits the offense of unlawful use of signals if he flashes any lights as a courtesy or “do pass” signal to other drivers approaching from the rear.
  5. Unlawful use of signals is a Class C traffic infraction.

310.400 Signals by Hand and Arm or by Signal Lamps.

  1. Except as provided in subsection (2) or (3) of this section, a driver shall give a stop or turn signal by activating signal lamps as described in WSTC 310.402.
  2. Notwithstanding subsection (1) of this section, a driver shall give a stop or turn signal either by means of signal lamps or by means of the hand and arm if the driver is driving:n(a) Only in daylight hours between a half–hour before sunrise until a half– hour after sunset and there is sufficient light to discern clearly persons and vehicles at a distance of 1,000 feet ahead; and (b) A vehicle or combination of vehicles in which the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of the motor vehicle of less than 24 inches, or a distance from the center of the top of the steering post to the rear limit of the body or load is less than 14 feet.
  3. Notwithstanding subsection (1) of this section, the driver of a moped shall give a turn signal by means of the hand and arm if the moped is not equipped with signal lamps for giving a turn signal.
  4. Violation of this section is a Class C traffic infraction.

310.402 Method of Giving Required Signals.

  1. A driver shall give the hand and arm signals required under WSTC 310.398 and WSTC 310.400 from the left side of the vehicle in the following manner and the signals shall indicate as follows: (a) Left turn – hand and arm extended horizontally; (b) Right turn – hand and arm extended upward; (c) Stop or decrease speed – hand and arm extended downward.
  2. A driver giving the signals for turning or moving right or left upon a highway required under WSTC 310.398 and WSTC 310.400 by use of signal lamps shall activate both the front and rear lamps of that side of the vehicle toward which the turn is made.
  3. A driver who stops or suddenly decreases the speed of a vehicle shall activate the stop lamps required by WSTC 311.048.
  4. A driver who fails to make a signal in the manner required in this section commits a Class C traffic infraction.

Special Stops Required

310.404 Overtaking and Passing School Bus and Certain Other Buses.

  1. Except as provided in WSTC 310.300, 310.305 and subsection (2) of this section, when a driver meets or overtakes from either direction a school bus, worker transport bus or bus issued a permit under ORS 483.433 with flashing red lights in operation and the bus is stopped on a roadway, the driver shall stop before reaching the bus and shall remain standing until the flashing red lights are no longer operating.
  2. A driver need not comply with subsection (1) of this section if the bus is stopped on a different roadway.
  3. Failure to stop before reaching a school, worker transport bus or a bus issued a permit under ORS 483.433 is a Class B traffic infraction.

310.406 Stopping Before Driving onto Sidewalk from Alley, Driveway or Building.

  1. A driver commits the offense of failure to stop if he does not stop before driving onto a sidewalk or sidewalk area when he emerges from an alley, building, private road or driveway in a business or residence district.
  2. In the event there is no sidewalk or sidewalk area, a driver emerging from an alley, building, private road or driveway, as described in subsection (1) of this section, shall stop at the point nearest the roadway to be entered where the driver has a view of approaching traffic.
  3. Failure to stop on emerging from an alley, building, private road or driveway is a Class C traffic infraction.

Speed Restrictions

310.408 Basic Speed Rule.

  1. A person commits the offense of violating the basic speed rule if he drives a vehicle upon a highway at a speed greater than is reasonable and prudent, having due regard to the traffic, surface and width of the highway, the hazard at intersections, weather, visibility and any other conditions then existing.
  2. As used in this section, unless the context requires otherwise, “highway” includes, but is not limited to an alley.
  3. Violating the basic speed rule is a Class B traffic infraction.

310.410 Speeds Constituting Prima Facie Evidence of Violation. Any speed in excess of the speeds designated under this section or WSRC 310.412 shall be prima facie evidence of violation of WSTC 310.408. The speeds designated in this section are:

  1. Fifteen miles per hour when driving on an alley.
  2. Twenty miles per hour: (a) When passing school grounds when children are present, or a school crosswalk when children are present, if notice of the grounds or crosswalk is indicated plainly by signs or signals. (b) In any business district.
  3. Twenty–five miles per hour: (a) In any residence district. (b) In public parks, unless a different speed is designated by state or local authorities, as authorized by law, and duly posted.
  4. Fifty–five miles per hour in other locations unless a greater or lesser speed is designated in accordance with WSTC 310.412 which shall be effective when appropriate signs giving notice thereof are erected upon the highway.

310.412 Special Speed Limits Set by the Oregon Transportation Commission. Whenever the Oregon Transportation Commission determines, upon the basis of an engineering and traffic investigation, that any speed designated in WSTC 310.410 is greater or less than is reasonable or safe under the conditions found to exist upon U.S. Highway 26, or section thereof, not within the limits of any city, the commission may designate a reasonable and safe speed thereupon, which shall be effective when appropriate signs giving notice thereof are erected upon such highway.

310.414 Arrest Without Warrant in Radar Cases. When the speed of a vehicle has been checked by radio microwaves or other electrical device, the driver of the vehicle may be arrested without a warrant if the arresting officer is in uniform and has either:

  1. Observed the recording of the speed of the vehicle by the radio microwaves or other electrical device; or
  2. Probable cause to make the arrest based upon a description of the vehicle or other information received from the officer who has observed the speed of the vehicle recorded.

310.416 Impeding Traffic.

  1. A person commits the offense of impeding traffic if he drives a motor vehicle, or combination of motor vehicles, at such a slow speed as to impede or block the normal and reasonable movement of traffic except when he must proceed at a reduced speed for safe operation or in compliance with law or because of emergency.
  2. Impeding traffic is a Class C traffic infraction.

310.418 Speed Races Prohibited on Public Ways.

  1. As used in this section, “drag race” means the operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, from the same point to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.
  2. As used in this section, “racing” means the use of one or more vehicles in an attempt to out gain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long distance driving routes.
  3. A person commits the offense of speed racing on a highway if he drives a vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or makes a speed record, or participates in any manner in any such race, competition, context, test, or exhibition upon any road, street or highway in this state.
  4. Speed racing on a highway is a Class A traffic infraction.

Stopping, Standing and Parking

310.420 Stopping, Standing or Parking Outside Business or Residence Districts.

  1. A person who stops, parks or leaves standing any vehicle, whether attended or unattended, upon a roadway outside a business or residence district, when it is practicable to stop, park or leave his vehicle standing off the roadway, commits the offense of unlawfully parking in a roadway.
  2. Unlawfully stopping, standing or parking in a roadway is a Class D traffic infraction.
  3. A person shall not park or leave standing a vehicle, whether attended or unattended, on a shoulder unless a clear and unobstructed width of the roadway opposite the standing vehicle is left for the passage of other vehicles and: (a) The standing vehicle is visible from a distance of 200 feet in each direction upon the roadway; or (b) The person, at least 200 feet in each direction upon the roadway, warns approaching motorists of the standing vehicle by way of flagmen, flags, flares, signs or other signal.
  4. A person who violates subsection (3) of this section commits a Class D traffic infraction.
  5. The provisions of subsection (1) of this section prohibiting the stopping or allowing a vehicle to stand on a roadway do not apply to a school bus or worker transport bus stopped on a roadway to load or unload workers or children, providing flashing red lights on the bus are operating.

310.422 Stopping, Standing or Parking Prohibited in Specific Places.

  1. A driver shall not stop, stand or park a vehicle: (a) On the roadway side of a vehicle stopped or parked at the edge or curb of a highway; (b) On a sidewalk; (c) Within an intersection; (d) On a crosswalk; (e) Upon a bridge or other elevated structure upon a highway; (f) At any place where official signs prohibit stopping.
  2. A driver shall not stand or park a vehicle, except momentarily to pick up or discharge a passenger: (a) Within 10 feet of a fire hydrant; (b) Within 50 feet upon the approach to an official flashing signal, stop sign, yield sign or traffic control signal located at the side of the roadway if the standing or parking of a vehicle will obstruct view of any official traffic control device located at the side of the roadway; (c) Within 15 feet of the driveway entrance to a fire station and on the side of a street opposite the entrance to a fire station, within 75 feet of the entrance; or (d) At any place where official signs prohibit standing.
  3. The restrictions and prohibitions of subsections (1) and (2) of this section shall not apply to vehicles owned or operated by the Tribe, Federal Government, State, a county or city when stopping, standing or parking is necessary to perform maintenance or repair work on the roadway or when the driver’s disregard thereof is necessary to avoid conflict with other traffic, or in compliance with law or at the direction of a police officer or an official traffic control device.
  4. A driver who violates this section commits a Class D traffic infraction.

310.424 Obstruction of Roadway by Wrecker or Tow Car.

  1. The operator of a wrecker or tow car engaged in the salvaging of another vehicle may stop the wrecker or tow car where it obstructs traffic proceeding along the roadway when the operator: (a) Determines that the salvaging operation requires stopping the wrecker in the roadway; (b) Places warnings signs or signals as prescribed by the Oregon Transportation Commission at a suitable distance in each direction upon the roadway; and (c) Activates the amber or red light of a revolving type as provided in WSTC 311.066.
  2. A person who violates this section commits a Class D traffic infraction.

310.426 Police Officers Authorized to Move Vehicles.

  1. When a police officer finds a vehicle parked or standing upon a highway in violation of WSTC 310.420 to WSTC 310.422, the officer may move the vehicle, cause it to be moved or require the driver or person in charge of the vehicle to move it.

310.427 Unattended Motor Vehicle.

  1. A person driving or in charge of a motor vehicle commits the offense of failure to secure a motor vehicle if he permits it to stand unattended on a highway without first stopping the engine, turning the front wheels to the curb or side of the highway when standing upon any grade, locking the ignition, removing the key from the ignition and effectively setting the brake thereon.
  2. Failure to secure a motor vehicle is a Class C traffic infraction.

Miscellaneous Rules

310.428 Limitations on Backing.

  1. A driver commits the offense of illegal backing if he backs his vehicle when it is not safe to do so or it causes interference with other traffic upon a highway.
  2. Illegal backing is a Class C traffic infraction.

310.430 Obstruction of Driver’s View; Passengers Interfering with Driver; Passengers In Trailer.

  1. A driver shall not operate a vehicle: (a) Which is loaded or equipped so as to substantially obstruct his views to the rear, through one or more mirrors and otherwise, or to obstruct his view to the front or sides or to interfere with his control or with the driving mechanism; or (b) When he has in his lap or in his embrace a person, baggage or encumbrance which prevents the free unhampered operation of the vehicle.
  2. A passenger in a vehicle shall not ride in a position that interferes with all of the driver’s views to the rear, through one or more mirrors and otherwise, or that interferes with the driver’s view to the front or sides or the driver’s control of the driving mechanism.
  3. A driver shall not operate a vehicle on a highway while towing any type of trailer containing a passenger except a bus trailer or an independently steered trailer.
  4. A person violating this section commits a Class C traffic infraction.

310.432 Opening and Closing Vehicle Door.

  1. A person commits the offense of unlawful opening or closing vehicle door if he opens the door of a vehicle on the side available to moving traffic, except: (a) When it is reasonably safe to do so; and (b) When it can be done without interfering with the movement of traffic.
  2. A person shall not leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
  3. Unlawful opening or closing vehicle door or leaving vehicle door open is a Class D traffic infraction.

310.434 Coasting Prohibited.

  1. A driver commits the offense of coasting if upon a downgrade he coasts with the gears or transmission of his motor vehicle in neutral or with the clutch disengaged.
  2. This section shall not apply to a driver of a motorized bicycle.
  3. Coasting upon a downgrade is a Class C traffic infraction.

310.436 Following Fire Apparatus Prohibited.

  1. A driver commits the offense of unlawfully following fire or emergency apparatus if: (a) He follows any fire or emergency apparatus traveling in response to a fire alarm closer than 500 feet; or (b) He drives or parks his vehicle in a manner which interferes with the fire or emergency apparatus responding to a fire alarm.
  2. Notwithstanding the provisions of subsection (1) of this section, a driver on official fire–fighting, police or emergency business may follow within 500 feet of fire or emergency apparatus traveling in response to a fire alarm and drive into or park his vehicle in the area or vicinity where the apparatus has stopped in response to the alarm.
  3. A person who violates this section commits a Class C traffic infraction.

310.438 Crossing Fire Hose.

  1. A driver commits the offense of unlawfully crossing a fire hose if he drives over unprotected hose of a fire department laid down on any highway, private road or driveway to be used at any fire or alarm of fire, unless he first obtains the permission of a fire department official or a police officer at the scene of the fire or alarm of fire.
  2. Unlawfully crossing a fire hose is a Class C traffic infraction.

310.439 Littering.

  1. No person may put or throw any kind of garbage, rubbish or material, or abandon animal viscera or other discarded objects on a highway, highway right of way or public recreation facility or throws or put any kind of litter or trash from a highway or highway right of way onto private property.
  2. Any person violating the provisions of subsection (1) of this section commits a Class B traffic infraction.

310.440 Tow Truck Operator to Remove Injurious Substance From Highway.

  1. A tow truck operator removing a wrecked or damaged vehicle from a highway commits the offense of failure to remove injurious substance from a highway if he fails to remove any glass or other injurious substance dropped upon the highway from such vehicle.
  2. Failure to remove injurious substance from a highway is a Class C traffic infraction.

310.441 Unlawful Obstruction or Blocking of Traffic.

  1. No person may purposely obstruct or block traffic on any roadway by any means. However, a service vehicle such as a bus, garbage truck, tow truck or ambulance may make brief stops on a roadway, which stops on the roadway are necessary in the performance of its services.
  2. Any person violating subsection (1) of this section commits a Class B traffic infraction.

310.442 Obstructing Cross Traffic.

  1. A driver commits the offense of obstructing cross traffic if he enters an intersection or a marked crosswalk or drives onto any railroad grade crossing when there is not sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians or railroad trains, notwithstanding any traffic control signal indication to proceed.
  2. Obstructing cross traffic is a Class C traffic infraction.

310.443 Operation of Vehicle in Closed Area.

  1. No person shall operate a vehicle in an area that has been designated by the Tribal Council or the Bureau of Indian Affairs as an area closed to the operation of vehicles.
  2. A driver who operates a vehicle in a closed area under this section commits a Class B traffic infraction.

310.444 Livestock on Highway; Duty of Caution; Yielding Right of Way to Livestock.

  1. A person riding or leading a horse or other livestock on the highway shall keep a lookout for vehicles and use caution to keep the animal under control.
  2. A person in charge of driving a herd of livestock on or across a highway shall position a person at the front of the herd to warn drivers that the herd is approaching. A driver shall yield the right of way to the livestock being driven, but the person in charge of the livestock shall use reasonable care and diligence to open the roadway for vehicular traffic.
  3. A driver shall use caution when he approaches or passes a person riding, leading or herding livestock on the highway.
  4. If a horse or other livestock becomes frightened on the highway, the person riding or leading the animal shall give a distress signal to an approaching driver by raising his hand. A driver upon seeing the distress signal shall promptly stop his vehicle, unless movement forward is necessary to avoid an accident, and shall, if requested, turn off the engine until the animal is under control.
  5. A used in this section, “livestock” means any animal of the species of horses, mules, donkeys, cattle, swine, sheep or goats.
  6. A person who fails to perform any duty imposed by this section commits a Class B traffic infraction.
  7. None of the above provisions shall be construed to alter or effect the “open range” status of the Warm Springs Indian Reservation.

310.445 Duty of Driver Striking Animal.

  1. A driver who knowingly strikes and injures a domestic animal shall stop at once, make a reasonable effort to determine the nature of the animal’s injuries and give reasonable attention to the animal, depending on the traffic hazards then existing. The driver shall immediately report the injury to the animal’s owner, and if unable to contact the owner, shall notify a tribal, state or county officer.
  2. A driver who fails to perform any of the duties required under this section commits a Class B traffic infraction.

Alcoholic Liquor In Vehicles

310.446 ” Motor Vehicle” Defined for Purpose of WSTC 310.446 to 310.452. As used in WSTC 310.446 to 310.452, “motor vehicle” does not include a motor vehicle operated by a publicly owned transit system or a motor vehicle operated by a common carrier and used primarily to carry passengers for hire.

310.448 Drinking Alcoholic Liquor in Vehicle on Highway Prohibited.

  1. No person shall drink any alcoholic liquor in a motor vehicle when the vehicle is upon a highway.
  2. A person who violates this section commits a Class B traffic infraction.

310.450 Possessing Open Liquor Container in Vehicle on Highway Prohibited.

  1. No person shall have in his possession on his person, while in a motor vehicle upon a highway, any bottle, can, or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed.
  2. A person who violates this section commits a Class B traffic infraction.

310.452 Keeping Open Liquor Container in Vehicle on Highway Prohibited Unless Container is in Area Normally Unoccupied by Operator or Passengers.

  1. It is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the vehicle is upon any highway, any bottle, can, or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed, unless the bottle, can, or other receptacle is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. For the purposes of this section, a utility compartment or glove compartment is considered within the area occupied by the driver and passengers. This section shall not apply to the living quarters of a camper or a motor home.
  2. A person who violates this section commits a Class B traffic infraction.

V. TRAFFIC CRIMES

310.500 Identification of Traffic Crimes. The following traffic offenses shall constitute traffic crimes:

  1. Reckless Driving as set forth in WSTC 310.515.
  2. Driving Under the Influence of Intoxicants as set forth in WSTC 310.510.
  3. Failure to Perform the Duties of a Driver Involved in an Accident or Collision as set forth in WSTC 311.200 (4)(a).
  4. Fleeing or Attempting to Elude a Police Officer as set forth in WSTC 310.520.
  5. Driving While Suspended or Revoked as set forth in WSTC 310.525.
  6. Failing to perform the duties of a driver as defined in WSTC 311.200 and 311.202.

310.505 Application of Traffic Crimes Upon Premises Open to the Public. The provisions of WSTC 310.500 through 310.530 relating to traffic crimes apply upon any premises open to the public. “Premises open to the public” includes any premises open to the general public for the use of motor vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for the use of the premises.

310.510 Driving While Under the Influence of Intoxicants. A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person:

  1. Has .10% or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath, blood, urine or saliva of the person made under WSTC 310.550;
  2. Is under the influence of intoxicating liquor or a controlled substance; or
  3. Is under the influence of intoxicating liquor and a controlled substance.

310.515 Reckless Driving. A person commits the crime of Reckless Driving if he drives a vehicle upon a highway carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.

310.520 Fleeing or Attempting to Elude a Police Officer. A driver of a motor vehicle commits the crime of fleeing or attempting to elude a police officer if, when given visual or audible signal to bring the vehicle to a stop, he knowingly flees or attempts to elude a pursuing police officer.

The signal given by the police officer may be by hand, voice, emergency light or siren.

310.525 Driving While Suspended or Revoked or Beyond License Restriction.

  1. A person commits the crime of driving while suspended if he drives a motor vehicle upon a highway during a period when his tribal license, state license or permit to drive a motor vehicle or his right to apply for a tribal license or state license to drive a motor vehicle in this state or this reservation has been suspended by a court or by the Oregon Department of Transportation, Motor Vehicles Division, or revoked by the Oregon Department of Transportation, Motor Vehicles Division, or if he drives a motor vehicle outside the restrictions of a tribal license or a state license issued under ORS 482.475 or 482.477.
  2. In a prosecution under subsection (1) of this section, it is an affirmative defense that: (a) An injury or immediate threat of injury to human or animal life and the urgency of the circumstances made it necessary for the defendant to drive a motor vehicle at the time and place in question; or (b) The defendant did not have actual knowledge of his suspension or revocation; (c) That if the state license of the defendant had been suspended or revoked, nevertheless the defendant had a valid tribal driver’s license.

310.530 Penalties for Traffic Crimes.1 Any Indian found guilty of committing a traffic crime may be punished by imprisonment for a term not to exceed one year or by imposition of a fine not to exceed $5,000, or both. Any non-Indian who violates any of the provisions set forth in WSTC 310.500 while within the boundaries of the Warm Springs Indian Reservation shall be subject to arrest for violation of state laws, expulsion by court order from the Reservation, and/or civil penalties otherwise authorized by the Warm Springs Tribal Code.

VI. IMPLIED CONSENT LAW

310.550 Implied Consent to Chemical Tests.

  1. Any person who operates a motor vehicle upon the highways of this reservation shall be deemed to have given consent to a chemical test of the person’s breath for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for driving a motor vehicle while under the influence of intoxicants in violation of WSTC 310.510. A test shall be administered upon the request of a police officer having reasonable grounds to believe the person arrested to have been driving while under the influence of intoxicants in violation of WSTC 310.510.
  2. No chemical test of the person’s breath shall be given, under subsection (1) of this section, to a person under arrest for driving a motor vehicle while under the influence of intoxicants in violation of WSTC 310.510 if the person refuses the request of a police officer to submit to the chemical test.
  3. If pursuant to subsection (2) of this section a person refuses a breath test, he shall be informed at that time by the police officer that failure to submit to the breath test may result in suspension of his driving privileges on the reservation for a period not to exceed 120 days.

310.555 Police Report of Refusal.

  1. If a person refuses a chemical test under WSTC 310.550(2), the police officer shall prepare a sworn report of the refusal and cause it to be delivered to the Warm Springs Tribal Court.
  2. The report shall disclose: (a) Whether the person, at the time the person was requested to submit to a test, was under arrest for driving a motor vehicle while under the influence of intoxicants in violation of WSTC 310.510; (b) Whether the officer had reasonable grounds to believe, at the time the request was made, that the person refusing to submit to the test had been driving under the influence of intoxicants in violation of WSTC 310.510; (c) Whether the person refused to submit to a test; (d) Whether such person was informed of the consequences under WSTC

310.565 of a refusal to submit to the test.

310.560 Evidence of Refusal Admissible. If a person under arrest refuses to submit to a chemical test under WSTC 310.550, evidence of the person’s refusal is admissible in any civil or criminal action, suit or proceeding arising out of acts alleged to have been committed while a person was driving a motor vehicle on the highways while under the influence of intoxicants.

310.565 Suspension for Refusing Breath Test; Notice of Suspension.

  1. Upon receipt of the report of a police officer as required in WSTC 310.555 and in accordance with subsection (2) of this section and WSTC 310.570 the tribal court may suspend the reported person’s license, permit or privilege to drive a motor vehicle on this reservation for a period of 120 days.
  2. Upon receipt of the report of the police officer, the tribal court shall notify the reported person by mail of the intention to suspend and allow said person a 20 day period after the date of mailing said notice to request in writing a hearing before a tribal judge as provided in this section. If no request is filed within the 20 day period, the tribal court shall thereupon suspend the license, permit or privilege of the person to drive a motor vehicle.
  3. Notice of intention to suspend or notice of an order of suspension shall be served by depositing the notice or order in the U.S. Mail by certified letter, return receipt requested, addressed to the person’s last known mailing address.

310.570 Hearing on Suspension Under WSTC 310.565.

  1. If a request for a hearing if filed, the hearing shall be before a tribal judge.
  2. The burden of proof at the hearing shall be upon the driver to show cause why his license should not be suspended for failure to consent to a breath test.
  3. The scope of the hearing shall be limited to: (a) Whether the person at the time he was requested to submit to a test was under arrest for driving a motor vehicle while under the influence of intoxicants in violation of WSTC 310.510. (b) Whether the police officer had reasonable grounds to believe, at the time the request was made, that the person refusing to submit to the test had been driving under the influence of intoxicants in violation of WSTC 310.510; (c) Whether the person refused to submit to a test; (d) (Whether such person was informed of consequences, under WSTC 310.565(1) of his refusal to submit to the test.

310.600 Seat Belts and Child Restraints Required.2

  1. Any driver or occupant of a motor vehicle operated on any street or highway of the Warm Springs Indian Reservation shall be properly secured in a seat belt or approved child restraint system that meets Federal Motor Vehicle Safety Standard No. 213.
  2. To comply with subsection (1) above, a child passenger who is under four years of age or weighs 40 pounds or less must be properly secured with a child restraint system that meets Federal Motor Vehicle Safety Standard No. 213.
  3. The driver of the vehicle will be cited if the occupants in violation of this section are under the age of 16 years. Occupants under the age of 16 years in violation of this section shall not be cited.
  4. The offense of failure to use safety belts or child restraint system is a Class D traffic infraction.

1 WSTC 310.530 was amended by Tribal Council Resolution No. 11,436 adopted May 9, 2011.
2 WSTC 310.600 “Seat Belts and Child Restraints Required” was added to Chapter 310 by Resolution No. 9787, adopted by the Tribal Council on October 11, 1999.

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