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Bad River Band of the Lake Superior Chippewa Indians Tribal Code.

3.21.130 Roadways and Highways

(a) No person may operate an ATV upon any part of U.S. Highway 2.

(b) Persons may operate an ATV only in the following manner on any highway or roadway as otherwise authorized by law:

(1) Directly across any roadway, but only after stopping and yielding the right-of-way to all vehicles approaching on the roadway. Crossing under this subdivision may be made only at a place where no obstruction prevents a quick and safe crossing. For purposes of this subdivision, "obstruction" includes but is not limited to impairment of view and dangerous roadway condition.

(2) On the roadway of highways to cross a bridge, culvert or railroad right-of-way unless posted by the maintaining authority, but shall yield the right-of-way to all vehicular traffic.

(3) On highways which have been designated as routes and which are required to be marked,

(4) On a portion of the roadway or shoulder of a highway for a purpose of residential access or for the purpose of access from lodging if the Tribal Council permits by posting for that portion of the highway. An ATV operated on a portion of the roadway or shoulder of a highway under this subdivision shall observe posted roadway speed limits.

(c) ATVs may be operated adjacent to a roadway with due regard to safety in the following manner:

(1) Along U.S. Highway 2 state and county high-ways at a distance of 10 or more feet from the roadway.

(2) Along Tribal roads outside of the roadway.

(3) During daylight hours travel may be in either direction regardless of the flow of vehicular traffic.

(4) At night travel shall conform to the direction of vehicular traffic in the nearest lane unless:

(A) The ATV trail is located at least 40 feet from the roadway, or is separated from the roadway by a head lamp barrier; and

(B) The use of the ATV trail is approved by the Tribal Council with respect to ATV trails located near or crossing highways.

(5) Whenever it is impracticable to gain immediate access to an area adjacent to a highway where an ATV is to be operated, the ATV may be operated adjacent and parallel to the roadway for the purpose of gaining access to and from the area of operation. Loading or unloading of the ATV shall be accomplished with due regard to safety at the nearest practical point to the area of operation.

(6) ATVs traveling adjacent to a roadway shall observe posted roadway speed limits, except no ATV may be operated in excess of a speed of 55 miles per hour at any time or 40 miles per hour between sunset and sunrise.

(7) On gravel roads, no person shall operate an ATV in excess of 40 miles per hour with no passengers, and no person shall operate an ATV in excess of 20 miles per hour when carrying one or more passengers. Carrying of passengers is subject to Section 3.21.160(c).

(d) ATVs may be operated for emergency purposes on any highway during a period of emergency when so determined by the Tribal Conservation Department, Tribal Police Chief, or Tribal Council.

(e) A law enforcement officer or Conservation Warden may operate an ATV on a highway in performance of his or her official duties.

(f) Under no circumstances, except as provided in this section, is a ATV to be operated on the main-traveled portion of a highway or on the plowed portion during the winter.