Three Affiliated Tribes react to non-Indian truck drivers who think they can ignore tribal laws
From the Mandan, Hidatsa and Arikara Nation
NEW TOWN, N.D. – The Special Resolution passed by the Tribal Business Council on Wednesday, September 14 and named in honor of the family of four killed in the latest oil truck, vehicle collision is meant to fully enforce and to toughen the Tribes new Civil Motor Vehicle Code applicable to non-tribal motor vehicle operators on the Reservation as well as the Tribes General Motor Vehicle Code which is applicable to tribal members as well as individuals who are members of other Indian Tribes. The Resolution, entitled “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 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.
A majority of the commercial vehicle operators are non-Indians for whom the Tribe lacks 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.
In order to combat these violations, the Tribal Business Council during their August 11th council meeting unanimously adopted a Civil Motor Vehicle Code, which is applicable to those individuals for whom the Tribes do not have criminal jurisdiction.
With the death of the four family members last week, the Tribal Council voted unanimously to vigorously enforce the Civil Motor Vehicle Code.
Tribal Attorney, Jennifer Fyten said, a key point the Tribal Council wants to make to clear is that the belief, by some non-Indians, that the Tribe does not have jurisdiction over them to enforce traffic laws is false. The Tribe has civil jurisdiction and intends to fully enforce it. She said, although the Tribe does not have criminal jurisdiction, it does have civil jurisdiction and that the Tribe intends to fully enforce the new Code and law enforcement will stop, cite, investigate and possibly detain all individuals violating the State and Tribal rules of the road. Fyten also said U.S Attorney Timothy Purdon is aware of the Tribes’ new civil traffic code and expressed his support of the Tribes’ efforts during the annual United Tribes Summit. According to the Special Resolution, all Tribal and Bureau of Indian Affairs 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 roadways 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 North Dakota penalties. Additionally, any individual cited, if driving a commercial vehicle may be 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 they are employed with and further, reporting that company to the Tribal Employment Rights Commission (TERO) for consideration of suspension of the companies TERO license. The intent of those provisions is that companies working on the reservation will encourage their employees and sub contractors to obey all traffic laws.
On Friday September 16th Chairman Tex Hall met with the Legal Department, Law Enforcement and other tribal agencies with jurisdiction on tribal roads to discuss enforcement of the Code. Hall spoke about the need to take all the necessary steps to protect the public and to encourage a safe driving environment through aggressive law enforcement.