Tribal police can now cite non-Indians for traffic violations

NEW TOWN A new law on the Fort Berthold Reservation for highway safety enables Three Affiliated Tribes' law enforcement officers to stop and cite non-Indians who violate state and tribal traffic laws.

Last month the Three Affiliated Tribes' business council unanimously adopted a Civil Motor Vehicle Code. The code applies to individuals the tribe does not have criminal jurisdiction over.

Last week, by special resolution, the tribal business council unanimously approved "to vigorously enforce" the Civil Motor Vehicle Code.

The resolution, entitled the "Gracie May Fox, Layla April Little Owl, Sarah Johnson and Ross Little Owl Special Resolution for the Enforcement of Tribal Motor Vehicle Laws," will enhance enforcement against all motor vehicle operators on the reservation.

The family of four died as the result of a Sept. 11 head-on oil truck-pickup truck collision on N.D. Highway 22 near Mandaree.

The civil code is applicable to nontribal motor vehicle operators on the reservation. The tribes' General Motor Vehicle Code applies to Three Affiliated Tribes' members and also members of other Indian tribes.

"The rapid development of the oil industry on the reservation and ensuing increased commercial traffic has resulted in a high incidence of traffic accidents and increased motor vehicle fatalities among tribal members and damage to vehicles and roadways," according to a news release from the tribes.

"A majority of the commercial vehicle operators are non-Indians for whom the tribes lack criminal jurisdiction. Many of these operators are aware of the jurisdictional gap and blatantly display a wanton disregard for motor vehicle laws on the reservation," the news release said.

Jennifer Fyten, tribal attorney, said a key point the business council members want to make clear is "the belief by some nonIndians that the tribe does not have jurisdiction over them to enforce traffic laws is false."

Although the Three Affiliated Tribes do not have criminal jurisdiction, it does have civil jurisdiction and the tribes intend to fully enforce the new code, Fyten said. She said law enforcement will stop, cite, investigate and possibly detain all individuals violating the state and tribal rules of the road.

She said U.S. Attorney Timothy Purdon is aware of the tribes' new civil traffic code and during the recent annual United Tribes Summit expressed his support of the tribes' efforts.

According to the special resolution, all tribal law enforcement and all tribal agencies with jurisdiction will fully enforce the new Civil Motor Vehicle Code as well as the tribes' General Motor Vehicle Code.

The special resolution provides for off-road inspections and sobriety checkpoints on roads within the boundaries of the reservation.

Provisions in the new civil code are the same as the North Dakota Century Code and penalties for violations are consistent with N.D. penalties.

Additionally, any individual cited while driving a commercial vehicle may have their citation reported to the company they work for and law enforcement may impound a vehicle if they believe the vehicle poses a threat to public safety or the environment. Failure to pay any fine may result in further legal proceedings including reporting the person to the company who employs them and further, reporting that company to the Tribal Employment Rights Commission for consideration of suspension of that company's Tribal Employment Rights Office license. The intent of those provisions is that companies working on the reservation will encourage their employees and subcontractors to obey all traffic laws.

Tex Hall, tribal chairman, has met with the tribes' Legal Department, law enforcement and other tribal agencies with jurisdiction on tribal roads to discuss enforcement of the code, the need to take all the necessary steps to protect the public and to encourage a safe driving environment through aggressive law enforcement. By Eloise Ogden

For more information on these matters, please call our office at 305 548 5020.

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