VEH.3.1.080 Definitions

Any term not defined in this section shall be given its ordinary meaning, and the below terms shall have the following meanings, except where the context indicates otherwise:

(a) "Automobile" means any of the following:

(1) A motor vehicle designed and used primarily for carrying persons but which does not come within the definition of a motor bus, motorcycle, or moped.

(2) A motor vehicle capable of speeds in excess of 30 miles per hour on a dry, level, hard surface with no wind, designed and built to have at least three (3) wheels in contact with the ground, a power source as an integral part of the vehicle, a curb weight of at least 1,600 pounds, and a passenger and operator area with sides permanently enclosed with rigid construction and a top which may be convertible.

(b) "Department" means the Licensing Department, or any other department of the Lac Courte Oreilles Tribe, with the authority to implement, administer and enforce this law.

(c) "Gross weight" means the weight of the vehicle equipped for service plus the weight which the vehicle is carrying as load.

(d) "Highway" means all public ways and thoroughfares and bridges on the same. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel.

(e) "Identification number" means the numbers, letters or combination of numbers and letters assigned by the manufacturer of a vehicle or vehicle part or by the department and stamped upon or affixed to a vehicle or vehicle part for the purpose of identification.

(f) "Junked" means dismantled for parts or scrapped.

(g) "Lac Courte Oreilles" means Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin.

(h) "Lac Courte Oreilles Tribal member" means a member of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians who is on the Lac Courte Oreilles enrollment list and has a Lac Courte Oreilles enrollment number.

(i) "Moped" means any of the following motor vehicles capable of speeds of not more than 30 miles per hour with a 150-pound rider on a dry, level hard surface with no wind, excluding a tractor, a power source as an integral part of the vehicle and a seat for the operator:

(1) A bicycle-type vehicle with fully operative pedals for propulsion by human power and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.

(2) A Type 1 motorcycle with an automatic transmission and an engine certified by the manufacturer at not more than 50 cubic centimeters or an equivalent power unit.

(j) "Motorcycle" means a motor vehicle, excluding a tractor or an all-terrain vehicle, which is capable of speeds in excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, with a power source as an integral part of the vehicle, and which meets the conditions under par. (a) or (b):

(1) Type 1 is a motor vehicle which meets either of the following conditions:

(A) Is designed and built with two (2) wheels in tandem and a seat for the operator, and may be modified to have no more than three (3) wheels by attaching a sidecar to one of the side the wheels in tandem without changing the location of the power source.

(B) Is designed and built to have no more than three (3) wheels, seating for the operator and no more than three (3) passengers, and does not have the operator area enclosed.

(2) Type 2 is a motor vehicle designed and built to have at least three (3) wheels in contact with the ground, a curb weight of less than 1,500 pounds, and a passenger and operator area with sides permanently enclosed with rigid construction and a top which may be convertible.

(k) "Motor home" means motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

(l) "Nonresident" means a person not a resident of the Reservation.

(m) "Other jurisdiction" or "another jurisdiction" means territory other than the Lac Courte Oreilles Reservation, including the State of Wisconsin and any State other than Wisconsin.

(n) "Owner" means a person who holds the legal title of a vehicle, except that if legal title is held by a secured party with the immediate right of possession of the vehicle vested in the debtor, the debtor is the owner for the purposes of this law.

(o) "Personal identifier" means a name, street address, post office box number or 9digit extended zip code.

(p) "Person with a disability that limits or impairs the ability to walk" means any person with a disability as defined by the federal Americans with Disabilities Act of 1990, 42 USC 12101 et. seq., so far as applicable, or any persons who meet the following conditions:

(1) Cannot walk 200 feet or more without stopping to rest.

(2) Cannot walk without the use of, or assistance from, another person or

brace, cane, crutch, prosthetic device, wheelchair or other assistive device.

(3) Is restricted by lung disease.

(4) Uses portable oxygen.

(5) Has cardiac condition to the extent that functional limitations are present.

(6) Is severely limited in the ability to walk due to an arthritic neurological or

orthopedic condition.

(7) Has a degree of disability equal to that specified in pars. (1) to (6).

(q) "Reservation" means the Reservation of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin and includes all lands within the exterior boundaries and any other lands owned by the Lac Courte Oreilles Band of Lake Superior Chippewa Indians.

(r) "Special interest vehicle" means a motor vehicle of any age which has not been altered or modified from original manufacturing specifications and, because of its historic interest, is being preserved by hobbyists.

(s) "Truck" means every motor vehicle 10,000 pounds or under designed, used or maintained primarily for the transportation of property.

(t) "Vehicle" means every device in, upon or which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile shall not be considered a vehicle except for purposes made specifically applicable by this law.