SPILYAY TYMOO
NOVEMBER 19,1991 PAGE 7
Drivers take notice—
Traffic Code Changes
The recently revised Warm
Springs traffic code defines the
laws governing use of m otor
vehicles on the streets of Warfn
Springs. A concerted effort is
being made to inform all
community members of the
changes that have been made.
Drivers are generally aware
of the rules of the road, but
since the revision a few changes
have been made. Most of the
laws are in accord with the laws
of Oregon State highways. A
few apply specifically to Warm
Springs or are new to Warm
Springs drivers.
It will take from three to six
months before training and
paperwork for these changes
.re complete. New citiation
orms are on order and law and
irder personnel are adapting to
he changes.
¡
From the policeman’s point
of view the new traffic code will
make his job easier. Police chief
Jeff Sanders commented that
the code “is very comprehen
sive. It has a lot of nuts and
bolts to make it work.” He went
on to say, “The old ordinance
had a lot of loopholes but there
wasn’t anything we could do
about it.”
With traffic offenses now
becoming infractions instead of
crimes there will be much less
paperwork and fewer court
appearances required by police
officers.
S anders had only one
objection to the new traffic
code. He felt the maximum fine
of $500 for major traffic crimes
was too small. Major crimes,
such as reckless driving and
driving while into x icated ,
should carry stiffer penalties,
he believes.
The state of Oregon has
r e c e n tly in c r e a s e d th e
maximum fine for driving
while under the influence of
intoxicants to $2500. The tribe
is limited in that they cannot
impose a fine over $500 as
defined in the Indian Civil
Rights Act of 1968.
L eg al a d v is o r D o u g
Hutchinson also feels the new
traffic code will lessen work in
the court by doing away with
many of the jury trials.
Tribal Council along with
law and order personnel have
efficiency and safety of Warm
Springs community members
in mind in revision of the traffic
code. Some changes should be
noted.
Jurisdiction
The tribes have asserted
themselves by stating that the
“Warm Springs court shall
have concurrent jurisdiction
with the appropriate state
courts over all traffic offenses
on other tribal trust land”
besides having jurisdiction
“ over all traffic offenses
committed by Indians within
the external boundaries of the
W a rm S p r in g s I n d i a n
Reservation.” This includes
Sherar’s Bridge as it is trust
land.
Non-Indian traffic violators.
Indian traffic violators will
automatically be summoned to
appear in tribal court unless
they decide to plead guilty to
the traffic infraction and pay
bail. Non-Indians have the
option of appearing in tribal or
state court. A policeman will
ask the violator upon issuing
any citations whether or not he
is Indian.
As defined in the Warm
Springs code “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
com m unity as an Indian
including a Canadian Indian
and Alaska native.”
Consent to breathalizer test
It should be noted by Warm
Springs drivers that according
to the revised traffic code and
in accordance with state laws,
“Any person who operates a
m o to r vehicle u p o n the
highways of this reservation
shall be deemed to have given
consent to a chemical test of a
person’s breath for the purpose
of determining the alcoholic
content of a person’s blood if a
person is arrested for driving in
a motor vehicle while under the
influence of intoxicants.”
R e f u s a l to ta k e th e
breathalizer test under Warm
Springs code 310.560 as stated
in the code is “admissible in
any civil or criminal action” as
evidence.
A person’s license may be
suspended (310.565), “The
tribal court may suspend the
reported p erso n ’s license,
permit or privilege to drive a
m o to r v e h ic le on th is
reservation for a period of 120
days,” for failure to submit to
the chemical test.
Operators License required
Section 310.317 of the Warm
Springs traffic code reads, “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.”
Defective vehicles
“No person shall drive or
move and no owner shall cause
or knowingly permit to be
driven or moved on any street
or highway, any vehicle or
combination of vehicles which
is in unsafe condition....A
police officer....may require the
driver to stop and submit the
vehicle...to an inspection...”
Bicyclists
Abandoned vehicles
The last recorded owner of
an abandoned vehicle “shall be
considered responsible for the
abandonment of a vehicle...”
Abandonment of a vehicle is a
class C traffic infraction. A fine
of up to $100 may be imposed
for such an offense.
Vehicle weight violation
“Tribal Council is concerned
about the roads being torn up.
There are some pretty healthy
fines,” commented Noteboom
while speaking to law and order
personnel. A greater fíne for
weight violations is being
imposed than in the old code.
Bicyclists are also covered in
the traffic code. Like drivers of
motor vehicles they too must
follow the rules of the road
including maintenance of their
Juvenile traffic offenders
vehicles.
A bicycle must have properly
Juveniles will no longer go to
working equipment to be safe.
If not, the rider or, if a minor, juvenile court for a traffic
the parent or guardian commits offense. A juvenile will treat
an infraction. 311.108 reads, traffic offenses like other
“A parent or guardian commits drivers either by paying bail or
the offense of permitting the by appearing in court. Too
operation of an unlawfully many traffic infractions by a
equipped bicycle if he...know juvenile will result in a
ingly permits his minor child or summons to appear in court
ward to operate a bicycle” in and the possibility of having his
v io la tio n o f th e sa fe ty license suspended, just as is the
leases with adult drivers.
standards.
Notice of Suspension
According to the traffic code
a notice of intention to suspend
or a notice of an order of
suspension shall be served by
depositing the notice order in
the U.S. mail by certified mail.
It should be noted that the
suspension notice is considered
served at the time of mail
deposit whether or not the
recipient decides to pick up his
mail.
Any assistance necessary to
aid the victims of an accident
must be rendered along with
leaving a name and address,
vehicle registation number,
operator’s license number and
name and address of vehicle
occupants.
Motorscooters
Private person may comme nee
action
Section 310.150 states, “A
M o to rsc o o te rs are n ot private person may commence
allowed off the road except in an action for a traffic offense by
areas designated by Tribal « certifying to the complaint
Council. Also, a helmet is before a tribal judge of the
mandatory for an Indian riding pourt...When the complaint is
on the reservation.
certified by a private person,
the court shall cause the
A non-Indian cannot be
cited for failure to wear a summons to be delivered to the
defendant.”
helmet according to tribal
attorney Jim Noteboom. There
is no Oregon law making the
wearing of a helmet manda
tory.
Stopping at an accident
A provision not in the old
traffic code but included in the
revised traffic code stipulates
the importance of stopping at
an accident or as close to it as
possible. It is a crime, not an
infraction, for failure to do this
If after 30 days a vehicle is on the part of the driver.
not claimed from the Warm Failure of a witness to stop is
Springs police department it commission of a class B traffic
can be sold at public auction. infraction.
Non-Indians can file com
plaints
Non-Indians are included as
private persons who may file
c o m p la in ts . T h e t r i b a l
prosecutor will decide whether
or not there is an actual
infraction. The Confederated
Tribes would be the prosecutor
in the case, according to
Noteboom, with the non-
Indian as the initiator of the
action.
Culture Club enriches members
The Madras Junior High
Indian Club is taking on a new
look. In an effort to include
students from many different
cultures the club is now known
as the Culture Club.
“Many students didn’t feel
comfortable last year” in
joining the club which seemed
oriented solely to Indians, said
com m unity liaison M arie
Calica. This was not helping in
the promotion of good feelings
about the club.
W ith one of the main
objectives of the club being to
promote understanding and
awareness among different
cultures, it was necessary to get
all of the cultures together.
The Culture Club strives to
enrich each member with
knowledge of other cultures.
Special activities will be ELECTEDOFFICIALS--^M>qg|fcers of the Madras Jr. High Culture Club are from left to right:
focused on a specific culture
during each nine-week period. President Ethel Henry, Representative Melissa Morgan, Vice-president Donetta Burns, Secretary
An overview of all cultures will Josett? Solomon, Rep. Leone Trimble, Rep. Debbie Scott, and Treasurer Michelle Wells.
Spilyay Tymoo photo by Shewczyk
be encouraged and demon
strated during the first nine-
week period.
The second interim will focus
on the Hispanic culture. Third
will be the white culture and the
fourth nine-week period will
deal with the American Indian
culture.
The eighty-one members of
the club, 42 of which are Indian
students, elected officers on
October 8. Other activities
planned for the year will be
integrated into the foreign
language classes, American
Indian literature and Social
Studies classes along with time
a llo w e d f o r m e e t i n g s .
Currently an American Indian
art Exhibit is displayed in the
school library sponsored by the
Culture Club.
Culture club members will be
sponsoring exhibits at the art
fair and activities culminate in
the spring with a culture fair.
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