Tribal Enforcement and Adjudicatory Jurisdiction Over Commercial Motor Vehicles Operating on Roadways and Rights-Of-Way in Indian Country

By Hon. Jan W. Morris (Ret.)

EXECUTIVE SUMMARY1
There are more than 164,000 miles of roadways within Indian country, including rights-of-way for rural state and interstate highways. Annually more than 500,000 crashes involve a large truck or bus. The majority of nearly 4,500 fatal crashes involving large trucks occur in rural areas. The threat posed by unsafe commercial vehicles and non-Indian operators to the health and welfare of the tribe as well as the safety of all motorists supports the authority of Indian tribes to enact, enforce, and adjudicate commercial motor vehicle and commercial driver’s license civil regulations over all roadways and rights-of-way within tribal lands where it is not uncommon for tribal law enforcement officers to have the primary patrol responsibility.

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