Ch 6-4 Motor Vehicle Traffic

TITLE 8 – REGULATORY CODE PART VI – PUBLIC SAFETY

TABLE OF CONTENTS

Section 10 Traffic 1

Section 20 Traffic Signs 1

Section 30 Traffic Study 1

Section 40 Court Jurisdiction 2

Legislative History: Enacted by amendment to tribal codes on July 29, 1993 by Resolution No.

C7-118-93 as Chapter 3 of Title 1 – Law & Order Code.

Adopted January 28, 2003 as Pascua Yaqui Code and rescinded all prior codes by Resolution No. C01-04-03.

Recodified on August 9, 2006 by Resolution No. C08-313-06.

Amended on October 20, 2010 by Resolution No. C10-194-10 and Ordinance No. 27-10.

Except as set forth in this Chapter, the Tribal Council of the Pascua Yaqui Tribe adopts as tribal law, the traffic laws of the State of Arizona as set forth in Title 28 of the Arizona Revised Statutes and any current and future amendments, with the following exceptions:
1. All references in the Arizona law to the “State of Arizona”, “Superior Court”, or any related state agencies shall mean the corresponding authorities of the Tribal Government of the Pascua Yaqui Tribe.
2. All references in the Arizona law to “local authorities”, “local authority” or “director” shall mean the Pascua Yaqui Tribal Council or their designee.
3. Any Tribal laws, authorized by the Tribal Council of the Pascua Yaqui Tribe, and any future Tribal laws or regulations that are inconsistent with the traffic laws of the State of Arizona shall be treated as amendments to the Tribal Traffic Code established by this section.
4. Nothing in this section shall prohibit the Tribal Council from enacting traffic laws in addition to or inconsistent with those passed by the State of Arizona.
All interpretations of the Tribal Traffic Code established by this section will be consistent with Tribal government organization and structure. The Tribal Court will not be bound by sanctions stated in A.R.S. Title 28. The Tribal Court shall have full discretion regarding any sanctions imposed for violations of the Tribal Traffic Code established by this section.

The second sentence of ARS § 28-643, concerning the design of traffic signage, is not adopted by the Pascua Yaqui Tribe.

The provisions of ARS § 28-703, concerning a requirement for an engineering and traffic investigation prior to the local authority setting a speed limit other than as set forth in subsection
1. thereof, are not adopted by the Pascua Yaqui Tribe.
2. The Pascua Yaqui local authority may designate speed limits on the Pascua Yaqui Reservation as it sees fit without the need for an engineering and traffic investigation before doing so.

ARS § 28-1552, concerning Court Jurisdiction, is not adopted by the Pascua Yaqui Tribe.
Jurisdiction regarding all matters under this Chapter is in the Pascua Tribal Court.

DISPOSITION TABLE